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Agenda 03/22/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 22, 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.) B. February 22, 2005 - BCCIRegular Meeting C. March 1, 2005 - BCC/Alrport Authority Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 25 Year Attendees 1. Mary Jo Thurston, Utility BIlling & Customer Service B. 30 Year Attendees 1. Henry Bickford, Transportation Road Maintenance 4. PROCLAMATIONS A. Proclamation to declare the month of April 2005, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Sprint and Mr. AI VanderMeulen of Public Utilities Division's Locate section. B. Proclamation to designate the month of April 2005, as Sexual Assault Awareness Month and to Include Thursday, April 7, 2005, as Sexual Assault Awareness Day. To be accepted by Jamie WIllis, S.A.P.E. Coordinator. C. Proclamation to designate the month of April as Water Conservation Month. To be accepted by Paul Mattausch, Water Department Director. 5. PRESENTATIONS A. Recommendation to recognize Janet Go, Recycling Coordinator, Solid Waste Management, as Employee of the Month for March 2005. 6. PUBLIC PETITIONS A. Public Petition request by Camille Merllus to discuss the establishment of a branch foundation for Haiti Development In Naples. B. Public Petition request by Skip Freeman to discuss The Everglades Conservation Club. - Item 7 and 8 to be heard at 9:00 a.m. on March 23. 2005. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. CU-04-AR-627S, Dominick Amico of Agnoli, Barber & Brundage, Inc., representing the Collier County Board of County Commissioners requesting approval of Conditional Use for a Community Park as an essential service, pursuant to Section 2.01.03.G.3.a of the Land Development Code (LDC) to construct a Community Park with 75 boat trailer parking spaces, 21 vehicular parking spaces, and a boat launch facility on an undeveloped tract of land. In conjunction with the boat launch facility, the petitioner wishes to construct a pavilion with playground, a fishing platform, and boat docks. The property to be considered for the conditional use Is located at the southern terminus of Goodland Drive West In Section 1S, Township 52 South, Range 27 East in Collier County (Goodland), Florida. B. This item to be heard immediately following Item SB (which Is scheduled to be heard at 1 :00 p.m. on March 22, 2005). This Item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. CU-2004-AR-6625 EcoVenture Wiggins Pass, Ltd., represented by Robert J. Mulhere, AICP, of RWA Consulting, Inc., and Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, requesting a Conditional Use of the C-4 zoning district for a Hotel & Spa per Chapter 2.04.03 of the Land Development Code. The subject property, consisting of 10.45 acres, Is located at 13635 Vanderbilt Drive in Section 17, Township 48 South, Range 25 East, Collier County, Florida. C. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. VA-2004-AR-7003, Habitat for Humanity of Collier County, Inc., represented by Brent Moore, AICP, of Wilson Miller, Inc., requests a 1-foot after-the-fact variance from the required 5-foot wide sidewalk standard provided in Section 6.06.02 of the Land Development Code (LDC) to allow the continued use of the existing 4-foot wide sidewalks located within the Carson Lakes Subdivision Phase II. D. This item was continued from the March S, 2005 BCC meeting and is to be heard at the continuation of the March 22, 2005 BCC Meeting to be held on March 23, 2005. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members CU-2003-AR-4326: Dieudonne and Lunle Brutus represented by Ronald F. Nino, AICP. of Vanasse Daylor, requesting Conditional Use approval in the Village Residential (VR) zoning district for a church or house of worship for the Tabernacle of Bethlehem Church pursuant to LDC Sections 2.04.03, Table 2 and 10.08.00. Property is an 0.69-acre tract located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. (COMPANION ITEM TO VA-2003-AR-4327) E. This item was continued from the March 8, 2005 BCC meeting and is to be heard at the continuation of the March 22, 2005 BCC Meeting to be held on March 23, 2005. This Item requires that all participants to be sworn in and ex-partQÆisclosure be provided by Commission members. VA-2003-AR-4327: Dieudonne,á'nd Lunie Brutus, (regarding the Tabernacle of Bethlehem Church), represented by Rônald F. Nino, AICP, of Vanasse Daylor, request the following variances In the VR zoning district for a Conditional Use (LDC §4.02.02.E.): 1) from the minimum one-acre lot area; to allow an existing structure on an 0.69 acre tract to be converted to a church use; 2) to reduce the front yard setback from the required 35 feet to 20 feet; 3) to reduce the required 33 parking spaces to 19 spaces (LDC §4.04.04.G. Table 17); and; 4) to reduce the landscape buffer on the north and south property lines from the required 15-foot type "B," to allow a 10-foot wide type "B" buffer (LDC §4.06.02 Table 24). Property is located at 305 3rd Street South, In Section 4, Township 47 South, Range 29 East, Immokalee, Florida. (COMPANION ITEM TO CU-2003-AR-4326) - 8. ADVERTISED PUBLIC HEARINGS A. This item to be continued to the April 12, 2005 BCC Meeting. Recommendation to Approve an Ordinance Amending Ordinance No. 92-60 Relating to Tourist Development Taxes, as Amended, to expand the use of Category C-2 uses to include Municipal Owned Museums; to change the percentages of C-1 & C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. B. This item to be heard at 1:00 p.m. on March 22, 2005. This item requires that all participants be sworn In and ex-parte disclosure be provided by Commission members. This Item to be heard immediately following Item 7B. PUDZ-2004-AR-5967 EcoVenture Wiggins Pass, LTD., represented by Robert J. Mulhere, AICP, of RWA, Inc. and Richard D. Yovanovlch, Esquire, of Goodlette, Coleman & Johnson requesting a rezone from the C-4 zoning district to a "PUD" Planned Unit Development zoning district to be known as the Coconllla PUD. The proposed change would allow for 95 dwelling units in two residential towers with 10 floors of residential units over one floor of parking, a public use tract adjacent to Cocohatchee River Park and a marina basin containing 29 wet slips. The property Is located at 13635 Vanderbilt Drive in Section 17, Township 48 South, Range 25 East, Collier County, Florida, consisting of 10.45:1: acres. C. Recommendation to Adopt an Ordinance Amending Ordinance 04-12, the Certificate of Public Convenience and Necessity, Section Four, Exemptions and Exclusions from Certificate Requirements and Providing for an Effective Date. D. Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida applying the Annual Mid-Cycle Indexing adjustments to amend the General Government Buildings Impact Fee rate schedule. E. -- An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land development regulations for the unincorporated area of Collier County, Florida, by providing for: Section one, recitals; Section two, findings of fact; Section three, adoption of amendments to the Land Development Code, more specifically amending the following: Chapter 6 - infrastructure Improvements and adequate public facilities requirements, including Sec. 6.06.02 sidewalk, bike lane, and greenway requirements; Chapter 10 - application, review, and decision-making procedures, Including Sec. 10.02.03.b.1. final site development plan procedure and requirements; Section four, conflict and severability; Section five, inclusion in the Collier County Land Development Code; and Section six, effective date. F. Petition SNR-2004-AR-6950, Vanderbilt Beach Property Owner's Association, represented by Arthur T. Sweatman, requesting a street name change from Willett Avenue to Willet Avenue for property located in Conner's Vanderbilt Beach Estates, Unit 2, Block N, In Section 32, Township 48 South, Range 25 East. G. This item will be heard at the March 23, 2005 BCC Meeting. This item has been continued from the February 22, 2005 BCC Meeting. This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. PUDZ-A-2003- AR-4942 _ Conquest Development USA, LC, requesting a PUD to PUD rezone for property located on the East Side of Collier Boulevard (CR 951) and approximately 1 3/4 Miles South of Tamiami Trail (Us 41), further described as Sliver Lakes, in Section 10 & 15, Township 51 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. - B. Appointment of member to the Golden Gate Beautification Advisory Committee. .- C. Appointment of members to the Pelican Bay MSTBU Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Recommendation to award a $7,596,000 construction contract to Vanderbilt Bay Construction for the construction of the Vanderbilt Beach Parking Garage, project 90295, and approve the necessary budget amendments to Include commercial financing. (Len Price, Administrator, Administrative Services and Ron Hovell, Principal Project Manager, Facilities Management) B. This Item to be heard at 9:30 a.m. on March 22, 2005. Recommendation to review the Written and Oral Reports of the Advisory Boards and Committees scheduled for review In 2005 In accordance with Ordinance No. 2001-55, including the Coastal Advisory Committee, Collier County Planning Commission, Disaster Recovery Task Force, Ochopee Fire Control District Advisory Committee, and Smart Growth Advisory Committee. (Winona Stone, Assistant to the County Manager) C. Recommendation to adopt a resolution authorizing condemnation to acquire the right-of-way necessary for the widening of Collier Boulevard from two lanes to six lanes between Golden Gate Boulevard and Immokalee Road. (Norman Feder, Administrator, Transportation Services) D. Recommendation to adopt a Resolution opposing enactment into law proposed House Bill 1173 and Senate Bill 2302 relating to new regulations controlling the Implementation, collection and expenditure of Impact fees by local governments that will have a detrimental effect on the county's ability to provide necessary and required growth-related capital improvements (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. Recommendation to adopt a Resolution supporting enactment Into law proposed Florida Senate Bill 1940 and House BIIi 1461 relating to statutory provisions controlling the distribution and expenditure of gasoline tax proceeds. (Norman Feder, Administrator, Transportation Services) F. Recommendation to adopt a Resolution opposing enactment Into law proposed House Bill 1251 and Senate Bill 2424 deleting the existing statutory provision that waives a referendum to levy ad valorem taxes for providing municipal services within a municipal service taxing unit. (Norman Feder, Administrator, Transportation Services) G. Recommendation to make a conditional award of Bid #05·3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, in the amount of $5,156,000.00, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low Interest rate State Revolving Fund (SRF) Loan program which will fund this contract, Project Number 71006. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon on March 22, 2005. To discuss strategy related to litigation In the pending case of Collier County v. Department of Community Affairs and City of Naples, Case No. 041048GM, pending in the State of Florida Division of Administrative Hearings and the Second District Court of Appeals Case No. 2DCA#2D05-392. _. ~-----_...._---_._.- ,-" 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 11 :00 a.m. on March 22, 2005. To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2004. A copy of the Report Is on display in the County Manager's Office, W. Harmon Turner Building, 2nd Floor, 3301 East Tamlaml Trail, Naples, Florida. 14. AIRPORT AUTHORITY ANDIOR 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 petition AVESMT2003-AR5314 to vacate, renounce and disclaim the easements for pUblic road right of ways recorded by separate Instruments in the Public Records of Collier County, Florida, located in the Summit Place development in Section 34, Township 48 South, Range 26 East, Collier County, Florida. 2. Recommendation to approve an Agreement for Sale and Purchase with Leo A. Tegethoff and Shirley R. Tegethoff for 5.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $76,300. 3. Recommendation to grant final approval of the roadway (private) and drainage Improvements for the final plat of "Southwest Professional Health Park". The roadway and drainage improvements will be privately maintained. 4. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Berkshire Pines Phase One". The roadway and drainage Improvements will be privately maintained. 5. Recommendation to approve for recording the final plat of "Briarwood Unit Eleven", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6. Recommendation to approve for recording the final plat of "Madison Park Phase Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7. Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency (CRA), approve the 2004 Annual Report of the CRA, direct staff to file the annual report with the Board of County Commissioners (BCC) and direct staff to publish notice of filing the report. 8. Recommendation to approve final acceptance of water and sewer utility facilities for Fiddler's Creek, Phase 2A Golf Course. 9. Recommendation for the approval of the amended recently approved Conservation Collier Active Acquisition List and direction for staff to actively pursue the added A-category property (Mcintosh Trust). 10. Recommendation to approve for recording the final plat of "Heritage Bay", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. -.-----*-----.....--.-----.---- - 11. Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan Advisory Committee. 12. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. 13. Recommendation to approve for recording the final plat of "Quarry Phase 1", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of Parcel No. 103B required for the construction of a storm water retention and treatment pond necessary for the widening of County Barn Road from Davis Blvd. to CR-864. (Project No. 60101, Capital Improvement Element No. 33). Fiscal Impact: $126,950.00. 2. Recommendation to approve the purchase of Parcel Nos. 119, 719 and 719A required for the construction of the six-Ianlng of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $201,500.00. 3. Recommendation to approve award of Bid #05-3692, "Traffic Operations Signal Components" to multiple vendors (category basis). 4. Recommendation to approve two (2) Adopt-A-Road Agreement for the following: Golden Gate Realty & Development, Inc. and Crystal Lake R.V. Park. 5. Recommendation to approve Amendment No.3 to extend the time and amount of the Contract for Professional Services Agreement by PBS&J, Inc., for the Goodlette-Frank Road Improvement Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. (Fiscal impact $152,197.00) 6. Recommendation to (1) approve rescinding a Resolution No. 2004 - 211 for a Local Agency Program (LAP) Agreement with the State Department of Transportation in the amount of $262,500.00 for the purchase and installation of a prefabricated pedestrian bridge within the C.R. 951 right-of-way over the Golden Gate outfall canal: and (2) approve a Resolution approving, and authorizing the Chairman of the Board of County Commissioners to execute the Resolution for the same funds to be used for the construction of water crossings located over the Santa Barbara Canal located on Golden Gate Parkway (CR 886); (3) authorize the advance of the $262,500.00 and the County's contribution of $75,000 for Design and $37,500.00 for Construction from the Gas Tax Fund and (4) approve future fiscal annual costs of the bridges maintenance and all necessary budget amendments. 7. Recommendation to award Bid #05·3771 "Secretarial Services for Advisory Committee Meetings" to Manpower Temporary Services. 8. Recommendation to approve the updated "Collier County Landscape Beautification Master Plan" and revised schedule for fiscal years 2006 and 2007. 9. Recommendation to approve a budget amendment to transfer $1,967,444.62 between budgeted projects as part of a mid-year Stormwater Management program adjustment to fund both Capital Improvement and regular Maintenance projects under Fund (301). ".-, C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact Is $20.00 to record the Satisfaction of Lien. ,,--' 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien Is satisfied In full for the 1995 Solid Waste Collect/on and Disposal Services Special Assessment. Fiscal Impact Is $20.00 to record the Satisfaction of Lien. 3. Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal Impact Is $10.00 to record the Satisfaction of Lien. 4. Recommendation to approve an Engineering Professional Services Agreement with Owen Ayres & Associates, Inc. under RFP #04-3723. Project #725163. In the amount of $167,000 and to approve a Budget Amendment to transfer funds among Work Breakdown Structure Elements within Project 72516. 5. Recommendation to approve three (3) Work Orders under RFQ #03-3522, "Testing Services for Inflow and Infiltration Study," with Advanced Underground Imaging, LLC and Severn Trent Environmental Services, Inc. under the North County Inflow and Infiltration Study Project, Project Number 725021, in the total amount of $266,357.96, and approve a Budget Amendment in the amount of $93,747.96 D. PUBLIC SERVICES 1. Recommendation to award bid #05-3720 to multiple vendors for purchase and delivery of fertilizer at an estimated annual expenditure of $150.000. 2. Recommendation to approve the attached Application and Certification of Application, and for the Chairman to sign, permitting the Collier County Public Library to apply for a $500,000 State Construction Grant for the South Regional Library. 3. Recommendation to approve a budget amendment recognizing revenue in the amount of $16,400 from an insurance payment covering damage to the boardwalk at Barefoot Beach Preserve. 4. Recommendation to approve a modification in the amount of $25,000 to Purchase Order #4500035141 with Naples Wholesale Bait, extend the sole source vendor designation through September 2006, and approve a seven-day payment schedule. 5. Recommendation to approve the submittal of the attached "Let's Talk About It: Jewish Literature" grants application to the American Library Association for a series of book discussion programs. Request that the BCC authorize the Library Director to sign this grant application. 6. Recommendation to approve a Pubic Parking License Agreement with Royal Palm Country Club of Naples, Inc. to provide parking for the County-operated baseball field located on Warren Street at a cost of $50 for recording the Agreement. 7. Recommendation to approve the Lease Agreement with Southwest Heritage. Inc., as amended, for use of the Naples Railroad Depot as a branch facility of the Collier County Museum. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve a Second Amendment to Lease Agreement with Senator Burt Saunders for the continued use of office space for three years for a total revenue of $30. 2. Recommendation to reject all responses received under Bid 05-3776, Fasteners and Wheel Weights for Fleet. 3. Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2005 calendar year. 4. Recommendation to reject all responses to RFP #05-3748. Onslte Primary Care Services. -- 5. Recommendation to declare certain county-owned property as surplus, authorize a sale of the surplus property on April 9, 2005, and authorize the donation of certain surplus property to Reachout Everglades and COPS Association, Inc. 6. Recommendation to approve the award of Bid #No. 05-3764 for the repair, parts and service of air conditioning equipment to Hili York Service Corp. and United Mechanical, Inc. 7. Report and ratify staff-approved change orders and changes to work orders to Board- approved contracts. F. COUNTY MANAGER 1. Recommendation to accept a Sovereign Submerged Lands Easement from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) for construction of a beach nourishment project along the shoreline of Hideaway Beach on Marco Island, at a cost not to exceed $61. 2. Recommendation to approve a three year contract related to RFP 05·3772 for Collier County Tourism Webslte Design and Maintenance (Estimated maximum contract amount $92,220.00). 3. Approval of Budget Amendment for Emergency Management. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve and execute the BayshorelGateway Triangle Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and David L. Jackson. 2. Recommendation to approve and execute the site Improvement grant agreement between the Community Redevelopment Agency and the grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board payment to attend the Economic Development Council of Collier County's Membership Meeting and Mixer on March 31, 2005 to be held at the Registry Resort & Club. This event will allow Commissioner Coletta to represent District 5 and learn more about "The Economic Trends In 2005 and Forward" from speaker Dr. David M. Jones and interact with other government representatives and community leaders. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. 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 from February 19, 2005 to March 4,2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report Is on display in the County Manager's Office, 3301 East Tamlaml Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. 2. Recommendation to recognize $1,000,000 of Reserves in Fund 178, Court Information Technology Fees and Increase the transfer to the Clerk of the Circuit Court In the same amount. -··~·-·'''_~·''··__'_'~M''_~.....__,.... K. COUNTY ATTORNEY 1. Recommendation for the Board of County Commissioners to allow Ronald J. Echols, Ph.D., Mary W. Echols and John Cumberlidge to go onto land recently acquired through the Conservation Collier Land AcquIsition Advisory Committee Program for geological research purposes. 2. Recommendation to Approve a Stipulated FInal Judgment as to Parcels 128, 728 and 130 in the Lawsuit Styled Collier County v. Stonebridge Country Club Community Association, Inc., et aI., Case No. 04-3588-CA (Immokalee Road Project #66042). 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. PUDZ-A-2004-AR-6888 MDG CapItal CorporatIon, represented by Robert L. Duane, AICP, of Hole, Montes, Inc., Is requestIng a rezone from Planned UnIt Development (PUD) to Mixed Use Planned Unit Development (MUPUD) for a project known as the Arrowhead PUD for the purpose of amending the PUD document to change the PUD type to a Mixed Use PUD, change the residential development standards regulations, update the LDC citations, and add language to address affordable housing commitments. The subject property, consisting of 307.4 acres, is located at the corner of Lake Trafford Road and the proposed Carson Road Extension, In Section 6, Township 47 South, Range 29 East; and in Section 31 Township 46 South, Range 29 East, Immokalee, 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 March 22. 2005 Withdraw Item 6B: Public Petition request by Skip Freeman to discuss the Everglades Conservation Club. (Petitioner request.) Item 8B: This item will be heard at 1 :00 p.m. on March 22, 2005. The title on the agenda index incorrectly states, "This item to be heard immediately following Item 7B". (Staff request.) Item 8E: The title on the agenda index for this item incorrectly makes reference to "greenways", and should be removed as it is not part of the LDC text being amended. The backup material is correct. (Staff request.) Item 10D: On page 3 in the paragraph labeled 1., the letter (E) was skipped. This has been corrected and the original document to be signed is correct. (Staff request.) Item 10G: Paragraph C under Considerations ofthe Executive Summary should read: C. Legal, Purchasing, and/or Finance Department Guidance: A recommendation for a conditional award of this project is being made because it will be funded by a low interest rate (approximately 3%) SRF loan. One of the specific requirements for eligibility under the SRF program, requires that the RDEP provide the final approval, authorization to incur costs, and authorization to the Board to execute the construction contract with the low responsive, responsible bidder. This conditional award will allow the County to secure the bid pricing, and upon written notification by the FDEP, the Board Chairman may execute the construction contract. The County Attorney's Office will approve the contract prior to the Chairman's signature. This has been reviewed with the Clerk's Office and they have no issues with the approach being recommended." (Staff request.) Add On Item 10H: Recommendation to adopt a Resolution opposing House Bill 1325, and any similar Florida Statues, that will severely limit all governmental authorities from providing cable and telecommunications services, as well as acquiring (or even contracting with) tax-paying water and/or wastewater entities, including requiring the acquiring government to continue to pay ad valorem and other taxes being paid by the tax paying entity, and regarding all such services, that the Florida Public Service Commission must rule in favor of the tax-paying entity. (Staff request.) Item 16A11 is moved to the reaular aaenda and is continued to the April 12. 2005 BCC meetina: Recommendation to approve Resolution 2005 _ creating the Habitat Conservation Plan Advisory Committee. (Moved - Commissioners Henning and Coletta request.) (Continued - County Manager request.) Item 16B1: The purchase agreement for this item was not attached as backup in the printed copies. All Commissioners have been provided copies of this purchase agreement and copies are available to the public. It will be made a part of the record and a copy given to the court reporter. (Staff request.) ----_._-_.__.._~ Item 16B2 is continued to the April 12. 2005 BCC meetina: Recommendation to approve the purchase of Parcels Nos. 119, 719 and 719A required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). (Staff request.) Item 16B9: The title on the index incorrectly reads". . . approve a budget amendment to transfer $1,967,444.62. .." The Executive Summary and backup material reflects the correct amount which is $1,354,447.90. (Staff request.) All Items under Paraaraph 14 and 16G - the BCC is acting as the Bayshore/Gateway Triangle CRA. Move item 16G1 to 14A: Recommendation to approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and David L. Jackson. (Staff request.) PROCLAMATION Agenda Item No. 4A March 22, 2005 Page 1 of 2 WHEREAS, each year in Florida lives are endangered, time and money are wasted, and property is destroyed because people fa;1 to have underground facilities located before engaging in excavation or demolition: and, WHEREAS, Governor .Teb Bush recently issued a proclamation endorsing the protection of underground utilities and the observance of "Call Before You Oig" month during the month of April ZOO!5: and, WHEREAS, "Call Sunshine", a one-call center that notifies participating utility agencies of plans to engage in excavation or demolition, is a free service to professional contractors as well as homeowners digging ;n their yard: and, WHEREAS, Collier County advocates enforcement and compliance with the Florida Statutes and local ordinances with regard to protecting underground utilities: and, WHEREAS, anyone planning any type of excavation or demolition should notify "Call Sunshine" and if a line must be located personnel will be sent to mark the location of the line at no cost to the inquiring party: and, ,-- WHEREAS, Coìlier County recognizes Collier County and the City of Naples Underground Oamage Prevention Task Force as that group of utility providers and local government agencies that are dedicated to the protection of underground facilities and the community's infrastructure through education and enforcement. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of April, ZOO!5, be designated as CALL BEFORE YOU OIG MONTH OONE ANO OROEREO THIS zzttd day of March, ZOO5 BOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA FREO W. COYLE, CHAIRMAN ATTEST: ,,~<-'" OWIGHT E. BROCK, CLERK - COLLIER COUNTY Agenda Item No. 4A March 22, 2005 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 4A Item Summary Proclamation to declare the month of April 2005, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Sprint and Mr. AI VanderMeulen of Public Utilities Division's Locate section. Meeting Date 3/22/2005 9:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 2/28/20054:56:15 PM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County -Commissioners BCC Office 3/2/20059:07 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/9/200512:42 PM "............ PROCLAMA TION Agenda Item No. 48 March 22, 2005 Page 1 of 2 WHEREAS, sexual assault continues to be a major social crisis in our society, where one out of every four has been a victim: and, WHEREAS, every woman faces the threat of potentially becoming a victim: and, WHEREAS, sexua.l assault affects every child and adult from ages 4 to 94 years of age in Collier as a victim or survivor, or as a family member, significant other, neighbor, or co-worker of a victim or survivor: and, WHEREAS, volunteers and service providers in our community are working to provide a continuum of care to sexual assault survivors through Z4-hour hotlines, counseling, support groups, advocacy, medical care, and education: and, WHEREAS, Project HELP Inc., Crisis Center seeks to improve services for victims and survivors of sexual assault and prevent future sexual assault through public awareness and services for victims: and, .-- --~"_._-,. WHEREAS, this community recognizes the vital importance of designating a time-devoted to increasing the general public's awareness and support of agencies providing services to rape victims: and .- WHEREAS, Project HELP Inc., Crisis Center holds forth a vision of a community free from sexual violence. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that April ZOO5 be designated as SEXUAL ASSAULT A WARENESS MONTH To include Thursday, April 7, ZOO5 as Sexual Assault Awareness Oay and urge all citizens to take part in activities and observances designed to increase awareness of the epidemic that affects us not just on a societal level but a personal level as well. DONE AND ORDERED THIS zznd Oay of March Z005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: .....-... DWIGHT E. BROCK, CLERK - COLLIER COUNTY Agenda Item No. 48 March 22, 2005 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 48 Item Summary Proclamation to designate the month of April 2005, as Sexual Assault Awareness Month and to include Thursday, April 7, 2005, as Sexual Assault Awareness Day. To be accepted by Jamie Willis, S.A.P.E. Coordinator. Meeting Date 3/22/2005 9:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 3/2/200510:12:22 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County ......commissioners BCC Office 3/2/2005 10:21 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/9/2005 12:45 PM -----.--..----.-". Agenda Item No. 4C March 22, 2005 Page 1 of 2 .- PROCL.AMA TION WHEREAS, water is a basic and essential need of every living creature; and, WHEREAS, The State of Florida, Water MØllØgement Districts, and Collier County are working together to increase awareness about the impørtønce of water conservation; and, WHEREAS, Collier County and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and, WHEREAS, Collier County has always encouraged and supported water conservation thrt)lJgh various educational programs and special events; and, WHEREAS, every business, industry, school, and citizen can make a difference when it comes to conserving water; and, WHEREAS, every business, industry, school, and citizen can help by saving water and thus promote a healthy economy and community. NOW THEREFORE, be it proclaimed by the Bøørd of County Commissioners of Collier County, Florida, that the month of April be recognized as WATER CONSERVA nON MONTH - and World Water Day around the globe. Collier County, Florida, is calling upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to conserve water. DONE AND ORDERED THIS 22nd Oay of March 200ð. BOARD OF COUNTY COMMISSIONERS COUIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ,-.. Item Number Item Summary Meeting Date Approved By Sue Filson Board of County Commissioners Agenda Item No. 4C March 22, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C Proclamation to designate the month of April as Water Conservation Month To be accepted by Paul Mattausch, Water Department Director 3/22/2005 9:0000 AM Executive Manager to the BCC Date BCC Office 3/16/20054:33 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/16/20054:41 PM ,- Agenda Item No. 5A March 22, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Janet Go, Recycling Coordinator, Solid Waste Management, as Employee of the Month for March 2005 OBJECTIVE: To recognize Janet Go as Employee of the Month. CONSIDERATIONS: Janet has a remarkable knowledge of overall County processes and procedures, along with the history and internal workings of the Solid Waste Management Department. Janet has been with Collier County Government for 15 years and during that time has acquired not only the knowledge to complete her own job tasks. but also the knowledge to assist in other areas, Janet displays exemplary customer service both internal and external. Janet goes above and beyond her own duties of a Recycling Coordinator by mentoring and teaching new employees and by providing her skills to complete tasks associated with finance. In the summer of 2004, the Administrative Assistant in the Department retired after 20 years with Collier County. During this transition period, in addition to her own duties. Janet stepped up to the plate to assist with payroll entry, paying invoices and entering blanket purchase orders into the system. Janet continues to share her experience and knowledge on a daily basis and she is always ready to lend a helping hand. Janet has streamlined the annual Florida Department of Environmental Protection Municipal _ Solid Waste Collection and Recycling report over the past three years so that it takes fewer employee hours and is understandable to others in the department. This has been a cost savings to Collier County. As project manager for the 2004 Waste Tire Grant, Janet identified a vendor with an innovative use for recycled tire material that was installed on one of the soccer fields at Vineyards Community Park. The project received media and trade association attention. Janet holds a Recycling Technical Associate certification from the Solid Waste Association of North America. She recently had an article published in the Recycle Florida Today Newsletter. Janet is a member of Collier Environmental Education Consortium, Inc. and is currently secretary for Keep Collier Beautiful. Janet's knowledge, dedication and good will make her a wonderful asset to the community 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 Janet Go is recognized as the "Employee of the Month" for March 2005. PREPARED BY: Dawn Ragone. Administrative Assistant, Human Resources Department. ~ COLLIER COUNTY Agenda Item No. 5A March 22, 2005 Page 2 of 2 ,- BOARD OF COUNTY COMMISSIONERS Item Number 5A Item Summary Recommendation to recognize Janet Go, Recycling Coordinator, Solid Waste Management, as Employee of the Month for March 2005. Meeting Date 3/22/20059:00:00 AM Prepared By Date Dawn Ragone Administrative Assistant 3/9/200510:36:45 AM Administrative Services Human Resources Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 3/9/2005 11 :22 AM Approved By ....J:..en Golden Price Administrative Services Administrator Date .dministrative Services Administrative Services Admin. 3/9/2005 12:06 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/200510:09 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/11/20052:05 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/11/2005 3:42 PM .~.~"-_.~._---.-- ,- ~ Agenda Item No. 6A March 22, 2005 COlLIER COUN1Y MANAGER'S OFFICE Page 1 of 2 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 March 2, 2005 Camille Merilus President/Executive Director Camile & Sulette Merilus Foundation for Haiti Development, Inc. 970 SW 15t Street, Suite #307 Miami, FL 33130 Re: Public Petition Request to Discuss The Establishment of a Branch Foundation for Haiti Development in Naples .Dear Mr. Meriius: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 22, 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 Buílding (Building "F") of the !;overnment 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. James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney ,,-.. c (I 1~ . r c Q H. tt t ,'1 Agenda Item No. 6A March 22, 2005 Page 2 of 2 / Camille & Sulette M.erjlÙs Found~jtjon tor H~itj D~\'eJopment In. 97() SW 1'1 Street. ~mitc 307 Mi.mi Florida. 33 30 Phont' . ~()~~n~-4'?41 ; / I í / /; III / I / I / II / //1/ / I / 1// IIIIIII / 11111/ I 1/ /1 J I / I / / / / f ¡ / I / I / II J I / 1// I / J I / / II i II! III! f! / / i í 11/ J í 111/ ! 1/ I i / /i Wednesday, Fehruary 24, 2005 Reference: Desperately need your heJ!" to $et up:] Branch in Nuplc:-i to serve the Community. Hon.orahle CoHier County Officials: The ('amjIJe & Sulette Merilus Foundation fc).- HJiti De\.elopmcnr Jne. an Organization currently base in Miami desp~ratdy need your help to extend this services t.o the people orCo1!Îer County. We nt:ed onice space ~ra.nt money, in -kind servÍces to achieve our ¡l,oal. We would appreciate, Honorable cht1irman . rommis:;i()ner~ (, '¡,)U1HV Manager, your understa.ndín1;, Sincerely, T . HIII11:m¡~t : C"íl111i11e MerilllS I·e..,ici{'nt í F x ('Cllt; vr ní rC'C"tnr - -.........".,----- - ~ Agenda Item No. 68 March 22, 2005 COWER COUNfY MANAGER'S OFFICE Page 1 of 2 3301 East Tamiamí Trail - Naples, FL 34112 - 239-774-8383 - Fax 239w774-4010 March 11, 2005 Mr. Skip Freeman 3803 19th Street SW Lehigh, FL 33971 Re: Public Petition Request to Discuss The Everglades Conservation Club Dear Mr. Freeman: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 22, 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, . r;~'/ ../7. . :&. ~'?/ ~í ?~~.r/'(,.... James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. - c t:i t~~> Ö )IJT~~ I' C i}" .., ------ f }{ Mar 11 05 11:31a Skip 239-695-3667 p.2 Agenda Item No, 68 March 22, 2005 Page 2 of 2 .,..-... /lit. eÖrJ N fj ;11 (JIV/lrert- Ple8se print Reauest to Soeak undel'Public Petition Name: "5~ ~ "... ~ Address: St-'J':o..~, \\A'-'~'t':""'7 frI'AyOl.- 5c..t\'\-r B~l"I\'II,^Ñ::rç 'S,Y--t..e. ''::c('.<.to''I(.f'' 3803 I c¡ 5 r S"tJ £I¥1!1Il.- ~ .'5kip- (r-e-r::iYIC.."t? litm,,+;¡.(.M phone: L eld 9/) /:1 33'171 'oj .;:l3C¡- £(io·;;':;o'1 Date qt the BoardMeetinQ you wish to seesk: ¡1'/¡1l~1 '/Ã ()~' . ~.. Please Ð)(I)taìn in detail. the action VQU are asking the CO!M"Íssion to take (attach additional Daaeif necessary): Wê ",,¡JIbE AJk(~ "hl! (!CJllt·~J;SIl:'tJ. ¡; /(fl,t!.$'-'¡ì'/;~i fir ÜHJ¡"t 1'l'. iVil. 'Í~~ I<~AliI ",I ~; ~.:- 1'..) /,.;I. :J.·';¡ø f¡)f ~ul ,11';'"., tt-" 1"<' (k"/~·;,l.lt~r"" /J¿ 14Jl'..¡j I,ÌJfC l-~r^ Nt; ~(',-",rl/'J~"""'("TAI",.;';r.J -Ie /ß.J.'r;í.¿.'j~"'¡N"r., ¡..."t..Jt't" ~'1tjf!- IJÞIÞ "/"II!.;' ..~<if. "J' ..J1.11n'<" l.'H/;JN' ~. IJ\' w("..·jl ~-tJt It. I /r'{'I" II'; I<~t, I;"} t>V.- Cll/rlf# t-'#I.' :<.;~ t'o.'<:')./J I,kr: J¡:. hN', 1411 f ff'¡.,,O,,,"i:S è,... ." Iff . i ~µI;. ~¡¡¡.,( :~ WIi /1 ..; (¡ 1>, .¡. h,;" . Ai"'.. 1,...."" ),J1ì~,' c:k I.J ¡. t' l ' ..)''¡¡ 1(01'" 1-1,(" a..· f.. k lI:ii -6 ut ",r n ¡., t, <.,; 1'1.,,$ (>/li.d~III!'''' .. ¡'''~jr.r/ ~/ Ik:~1 Ie ,~/'~·e. ID Inrl/,¡') '/.'7 f.,·f A': u(ì 1$ If?<:[~ to';""r 6Jit.tl,l~t£l tß"At.J, ~"'(:.ORl'~t..,,- If, "'''W4tt.J I~ P--"t,..;.:Jf ("*~ .<¡¡II f..·,·uu;.l ¡IW,I1..r;~,>' fl.",., "'1""'/~" 11tJIf'r"..../. C:\Documø'd& ITIIf $dtin95\$1Qp\l~ Setting$\T cmpc¡r,ry Internet FIIes\èontontlE$\1Nf1XPKE\Pub/Iç Potilion RtqûeSt F cnn.dØC Agenda Item No. 7 A March 22, 2005 Page 1 of 44 - EXECUTIVE SUMMARY CU-04-AR-6278, Dominick Amico of Agnoli, Barber & Brundage, Inc., representing the Collier County Board of County Commissioners requesting approval of Conditional Use for a Community Park as an essential service, pursuant to Section 2.01.03.G.3.a of the Land Development Code (LDC) to construct a Community Park with 75 boat trailer parking spaces, 21 vehicular parking spaces, and a boat launch facility on an undeveloped tract of land. In conjunction with the boat launch facility, the petitioner wishes to construct a pavilion with playground, a fishing platform, and boat docks. The property to be considered for the conditional use is located at the southern terminus of Gøodland Drive West in Section 18, Township 52 South, Range 27 East in Collier County (Goodland), Florida. OBJECTIVE: Staff requests that the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: ,- The Collier County Parks and Recreation Department requests approval of a conditional use in order to construct a Community Park with 75 boat trailer parking spaces, 21 vehicular parking spaces, and a boat launch facility on an undeveloped tract of land. In conjunction with the boat launch facility, the petitioner wishes to construct a pavilion with playground, a fishing platform, and boat docks as depicted on the Conceptual Site Plan that is contained in the attached staff report. As noted in the staff report, adequate vehicular site ingress and egress and pedestrian access are provided through the design of the parking area and the project's one access point from Goodland Drive West. However, during the peak time of use and because of the narrow local roads, the boat trailer traffic may be forced to travel through the existing Goodland neighborhoods to reach the community park. Although the proposed uses wilJ not generate an amount of traffic that would preclude approval based upon the impact created by the number of trips on the local roadway network, staff has concerns regarding the public safety resulting from a facility providing 75 boat trailer parking spaces. FISCAL IMP ACT: The proposed County Park and boat launch facility by and of itself wilJ have no fiscal impact on CoJlier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the conditional use is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. ,-.- CU-04-AR-6278, Goodland Park Page 1 of4 Agenda Item NO.7 A March 22, 2005 Page 2 of 44 - The County collects all applicable 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 Section 1O.02.07(C) of the Land Development Code, 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 permit include building pennit review fees and utility fees associated with connecting to the County's water and sewer system. GROWTH MANAGEMENT IMP ACT: The subject property is designated Urban (Urban - Mixed-Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Policy 5.1 of the Future Land Use Element (FLUE) provides that property that was zoned prior to the adoption of the GMP and found to be consistent through the Zoning Re- evaluation Program is deemed consistent with the GMP. The property is also designated on the FLUM series as properties Consistent by this Policy. The Comprehensive Planning Department has deemed the subject property to be consistent by Policy. Based upon the above analysis, staff concludes that the proposed use for the subject site can be deemed consistent with the FLUE. ,- ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The environmental staff s analysis indicates that the subject property consists of partially developed retail uses. There are no environmental issues associated with the project; therefore, the Environmental Advisory Council did not hear this petition. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The cepe heard this petition during their regular meeting on March 3, 2005 and they forwarded Petition eU-04-AR-6278 to the Board of Zoning Appeals (BZA) with a recommendation of approval by a vote of 6 to 2. Their recommendation of approval was subject to staff stipulations contained in the staff report, which included a provision to limit the boat trailer parking spaces to a maximum of 50 spaces. They also added the following stipulations: That the petitioner place a deed restriction to keep the property as a park; revise the plans to replace the paved drive isles with crushed shell or other similar approved substance; the petitioner will not widen or construct sidewalks along Goodland Drive West; revise the plans to increase the regular vehicular parking to a maximum of30 spaces; and they added a requirement to close the boat launch facility during special community events. The two commissioners recommending denial felt that the boat launch facility should be limited to 36 boat trailer parking spaces. Because two commissioners recommended denial, this petition could not be placed on the Summary Agenda. ,- eU-04-AR-6278, Goodland Park Page 2 of 4 Agenda Item No.7 A March 22, 2005 Page 3 of 44 ~ LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the CCPC and the Board of County Commissioners (BCe) must be based. That criteria is found in Chapter IO.08.D of the LDC, as quoted below: Findings. Before any conditional use shall be recommended for approval to the board of zoning appeals, the planning commission shall make afinding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, jùrther, satisfactory provision and arrangement has been made concerning the following matters, where applicable: 1. Consistency with this Code and growth management plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. RECOMMENDATION: ~ Staff recommends that the BZA approve Petition CU-04-AR-6278, subject to the applicable requirements of the Land Development Code and the following conditions: 1. The conditional use is limited to what is shown on the conceptual site plan, identified as "Goodland Park Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc, last revised July, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design shall be in compliance with all applicable federal, state, and county laws and regulations. 2. The petitioner shall provide sidewalks on both sides of the on-site entry driveway at the time of Site Development Plan (SDP) review. 3. The petitioner shall provide an Environmental Impact Statement (EIS) at the time of site development plan review unless it can be demonstrated that the project qualifies for a preferred rating under the Manatee Protection Plan, which would allow for a waiver of the EIS to be granted. 4. The petitioner shall provide an exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the preserve areas, which shall be submitted at the time the site development plan is submitted for review. 5. The petitioner shall provide a Manatee Awareness and Protection Plan for review and approval at the time of site development plan review. ,-- CU-04-AR-6278, Goodland Park Page 3 of4 Agenda Item No.7 A March 22, 2005 Page 4 of 44 .- 6. The petitioner shall provide the final details of all utility designs and documentation that water service can be provided to the site at the time of site development plan review. 7. The petitioner shall provide a landscape plan consistent with Section 4.06.00 of the Land Development Code. This landscape plan will be coordinated with the County Jandscape architect at the time of site development plan review. 8. Approval of the conditional use conceptual site plan shall not exempt the petitioner from providing stonnwater calculations signed and sealed by a Florida registered professional engineer and a narrative explaining how the proposed system will work. In addition, the required elevation information shall be provided at the time of submission of a site plan for review to demonstrate compliance with the site FEMA flood zone. 9. At the time of site development plan review, the petitioner shall provide the final details of the cell phone activated signage. 10. The community park and boat launching facility shall be limited to a maximum of 50 boat trailer parking spaces and a maximum of 30 regular vehicular parking spaces. 11. The petitioner shall place a deed restriction to keep the property as a park. ,- 12. The drive isles shall be constructed with crushed shell or other similar approved substance. 13. The boat launching facility shall be closed during special community events. PREPARED BY: Raymond V. Bellows, Zoning Manager Department of Zoning & Land Development Review ,- CU-04-AR-6278, Goodland Park Page 4 of4 - Item Number Item Summary Meeting Date !\genc<-J Hem No. 7.A March 22" ¿OO!) Pa;:¡e 5 of --1·4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONU,S ìA Thi!'i j;em r!:.Guire-5 ¡fiB! .111 p<Jn.icipfJnt:'> ['P <",worn II' fmd ex pnrte d':=.do$ure be p~ovided by Ccmmi!'islon IT,embers CU-04~AR~6278. Dor¡Üf1ick ArnifA of Agnoi¡. Barber,-:" Brundage, Inc "ep'f.;"eI1tinQ the Col¡,gr' County BQ¡]l"(j of County ':::()mrni:;sion~jrs ~l"qUC::'IH1g applowd of COllditiofl,'( Use fer f CDmtnunily Park ;~.':, r.;n e!',S8nlia! service. pur:="lHJll\ to Set..liop 2.01.03 G.::'..8 of the Lanrl Developrmmt Code (l.DC) to r.onstruct a Community Park with 75 boat traiier pHri~1j1g spl.n;es, 21.¡ctliculM parking spE3ces, and a bÙ~lllaunc:h fudlrty on ml und!?velorJed Ira!;! of if¡rI\l conii;n(";~lon with the bDflt tôuncll faciiity, th~ l)[~ti'tiDnf.:r Wi5h~s to G01Ï':i!rllC't <! pav1ìiQ¡l witr, playground a fl5hing pIsiform. and boat d'Kb. T,lF. prr,per-¡y Ie be ¡;onsidert>d fOf 1hc cOliditi()lw1 U~~ is ItJca,ed <1t th~ $üutr¡ern tern'.È!1u5 Df Goodland Dr'ive West in Sectir:H, .¡ 8. -;--own.'>hio 52 South Range 27 Ea.st in Colliel CClunty tGcodland). FJol'da 3/22/2005 '2:00:00 AM Prepared By Chid P!;)!\(1I!~ 3/7i2"06 3'44~1f> PM Rny (hdloWH CC.Hnmu!'ity ¡)e'llÐ!opment 1:1. En>llt"Onmental S~fvk~s DQte Zoning &. Lilnu Development RClliew R6iY Bd!ow$ Chkf Plunner Iht~ Approved By c.o)T1ITH.mity De\'elopme-nl & EnviroI11T1<:I~t.¡¡1 Sêr'J!ce" Zoning & l.;:¡r\'j Devdcopnwnt P~v!ew 317r20iJ5 :':>:44 PM S~l1dr¡) Le;¡¡ E)(~CJ.l1i'-'e 5t!{;'o:;;t",ry Oat\: Approved By C,:>ro1rmmitv Deve!opment 8. Enillronm~nt~1 Service!!. Communil,! Devdopmi!11t,~ Envlrcnmenta! SerVlc,,"s Adn)m 3!?f2(}05 ,1:01 rM NOQYI E, h"QN, AiCP 1'r;JJl'S.pcrt~,tjon Div¡.;,ion AdnÜnißlt;,tm D"te Approved By Tr""sportior! SetvkelJ irUI">3port<\tI01 S'<1rvlcC"s Admin ~~i(;j200S 1 :57 PM 5U~"h Mtltr¡¡y. Me;p 20,'i"g lì. l.;md D~\.'e¡opll1el1t Oin:..ctor ¡hie Approved By Cornmur¡ity OO::lIc1oprnent 8- En,,¡r.r:>ruTI~nl a Sr:,r""G~j:o. Lorling & Land Oevelopn1f!nt RI!view 319/200& 11:21 AM .jo~<,:,rh K. Schmilt Date Approved By Community P~V(!!Dþlm!n! & En'¡it:-)t1mcntéli l'){irviceH Gorr¡munl\y D!!v('klw!'er'!t &- Environmental Servic.''::'$ Admlnstr;Jto~ COf!'ltrlU111tj' Dt~V~lðprne¡\j & [1'1'1IH1!1H'H"nt"j ~erviee5 Î,dn"1I!'1, 3J1 012005 1.7.:04 PM OMB Cmn(jin.;¡tQr ~'\dr>.lini51ra.I¡Vt! Assi9tar,~ DatÐ Approved By County M"I).¡)ger'~ Offi<:e Otfic:e of MJ1¡I\iJg~ment &. Budget 3111i,2UD59:45 AM Malk Isuçktwn Budget Ar¡.¡slÿliit Oate Approved By CO~il1t~( M.11~ag¢r'!> Offir.I? Offi{',f.' of r:,¡¡f\.lgM1N\! Ii Fhl<:i(]c! .J!t51}U05 12::,\3 PM ~'jçh,,,(¡1 Smykow¡;Ki M;¡,n~gC!11C!"1ì &. f,h~dgf't Dir(!(",I"r O.ate Approved By Cp\)n¡y Mana¡¡er's OHiI;!: onl,';~: ¡:[ Mêln.!l;!jem¡~l\t -& H¡Hi¡¡Ht 3i15¡ZOO!) '2:41 PM .1.1ml!:s \,', Mudd CQld':;~' Manag(~1 D.He Approved By Bc",rd of Com,1y Cmr,mi!ósionen; CO;,urty t.\;1I)¡JgN''i 0I1j(;~ 3/1512U05 7:40 PM Agenda Item No.7 A March 22,2005 Page 6 of 44 r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: MARCH 3, 2005 SUBJECT: PETITION CU-04-AR-6278, GOOD LAND COMMUNITY PARK PROPERTY OWNER/AGENT: OWNER: Collier County Board of County Commissioners Marla Ramsey, Public Services Administrator 3300 Santa Barbara Boulevard Naples, Florida 34116 AGENT: Dominick Amico, P.E. AgnoIi, Barber & Brundage, Inc. 7400 N. Tamiami Trail, Suite 200 Naples, FL 34108 REOUESTED ACTION: The petitioner requests approval of Conditional Use for a Community Park as an essential service, pursuant to Land Development Code (LDC) Section 2.01.03.G.3a. GEOGRAPHIC LOCATION: The subject 5.2-acre parcel is located at the southern terminus of Goodland Drive West in Section 18, Township 52 South, Range 27 East in Collier County (Goodland), Florida. (See location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The Collier County Parks and Recreation Department wishes to construct a Community Park with 75 boat trailer parking spaces, 21 vehicular parking spaces, and a boat launch facility on an undeveloped tract of land. In conjunction with the boat launch facility, the petitioner wishes to construct a pavilion with playground, a fishing platform, and boat docks as depicted on the attached Conceptual Site Plan (Exhibit "A"). CU-04-AR-6278, Goodland Park Page1of8 "'....'--.........."'··".,·,·,·.,."""'-"""',.;"'·"""'".";'..'H>·'.~H Agenda Item NO.7 A March 22, 2005 Page 7 of 44 SURROUNDING LAND USE & ZONING: North: a canal and developed single-family dwellings, zoned "VR-GZO" Village Residential - Goodland Zoning Overlay. East: Blue Hill Creek South: Blue Hill Creek West: developed single-fumily dwellings, zoned IIVR-GZOII Vìllage Residential- Goodland Zoning Overlay. GROWTH MANAGEMENT PLAN CONSISTENCY: - Future Land Use Element: The subject property is designated as Urban - Mixed Use District, Urban Coastal Fringe Sub-district, on the Future Land Use Map of the Growth Management Plan (GMP). The purpose of this Sub-district is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. The purpose and intent of the Village Residential CU-Q4-AR-6278, Goodland Park Page2r:l8 Agenda Item No. 7 A March 22, 2005 Page 8 of 44 District (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character, which is generally low profile, relatively small building footprints as is the current appearance of GoodIand and Copeland. The density rating system shall guide the maximum density permissible in the village residential district and Urban Coastal Fringe Sub-district. Recreational facilities, including community parks, are permissible as a conditional use subject to the standards and procedures established in Section 10.08.00 of the Land Development Code (LDC). Based upon the above analysis and review, Comprehensive Planning staff concludes that the proposed Conditional Use for the community park in the VR zoning district may be deemed consistent with the Future Land Use Element. TRANSPORTATION ELEMENT: Transportation Development Review Section staff provided the following comments regarding this petition: GMP Policies 5.1 and 5.2 in the Transportation Element read as follows: Policy 5.1: The County Commission (BCe) will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant impact shall use the following to determine the study area: a) On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; b) For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; c) For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5% of the adopted LOS standard service volume. Policy 5.2: Project traffic that is less than 1% of the adopted peak-hour service volume represents a de minimis impact. A plain reading of Policy 5.1 yields this policy would apply to rezone petitions only where one zoning district is abandoned and another zoning district is placed on a property. However, Transportation staff has historically applied this policy to Conditional Use petitions as well, and recommended transportation-related stipulations based upon this policy. The rationale is that a Conditional Use is a zoning action - it is the addition of a land use beyond that allowed by right in a zoning district. The CCPC and BCC have endorsed staff's interpretation and application of Policy 5.1 by recommending approval subject-to-staff's recommended transportation-related stipulations. Upon review of Conditional Use petition CU-04-AR-6278, staff recommends approval. This petition is for a Community Park with 75 boat trailer parking spaces. The Trip Generation Manual indicates that this petition could generate approximately 40 to 50 trip ends on a Sunday. All non-residential traffic will be entering Goodland from C.R. 892 to GoodIand Drive West, passing 4- CU-04-AR-6278, Goodland Park Page3of8 Agenda Item NO.7 A March 22, 2005 Page 9 of 44 - local east/west local streets to the project entrance. Therefore, this petition appears to be consistent with Policy 5.1 and 5.2 of the Transportation Element. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. The subject site is zoned Village Residential (VR) with the Ooodland Zoning Overlay (OZO). The purpose and intent of the VR district is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character, which is generally low profile, with relatively small building footprints as is the current appearance of Goodland and Copeland. The Goodland Zoning Overlay provides additional design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Ooodland. The Goodland Zoning Overlay is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The Ooodland Zoning Overlay allows for the parking/storage of major recreational equipment, personal vehicles, and certain commercial vehicles. The overlay also allows within the VR and RSF- 4 zoning districts, except for specifically designated travel trailer subdivisions, boats. trailers. recreational vehicles and other recreational equipment may be stored in any yard subject to restrictions as provided in the LDC that includes a provision that recreational vehicles or equipment must not be parked, stored or encroach in any county right-of-way easement. The overlay also permits personal vehicles to be parked in drainage swales in the VR and RSF-4 zoning districts as long as the vehicles do not block or impede traffic. Staff is of the opinion that the proposed community park and boat launching facility is consistent with the provisions of the VR-GZO Zoning District. The LDC also requires certain uses to be reviewed as Conditional Uses recognizing that the uses listed as allowable by Conditional Use have the potential to have negative impacts, as is identified in the LDC definition of Conditional Use quoted below: Conditional Use.' A use that would not be appropriate generally or without restriction throughout a zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or a district as a Conditional Use if specific provision for such a Conditional Use is made in this Land Development Code. Staff believes that adequate stipulations can be placed upon this Conditional Use for a Community Park to make the use "appropriate" per the Conditional Use definition quoted above. CU-Q4-AR-6278, Goodland Park Page40fB ---.--.--. Agenda Item No. 7 A March 22, 2005 Page 10 of 44 The subject site is also designated as Urban - Mixed Use District, Urban Coastal Fringe Sub-district on the Future Land Use Map of the Growth Management Plan. The pwpose of this Sub-district is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. The purpose and intent of the Village Residential District (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character, which is generally low profile, relatively small building footprint. Furthermore, recreational facilities, including community parks are pennissible as a conditional use. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The Transportation Department has determined that adequate ingress and egress to the site will be provided via the project's one access point from Goodland Drive West, however staff has concerns about automotive and pedestrian safety/convenience, traffic flow, and control. Because of the narrow local roads, the boat trailer traffic may be forced to travel through the existing Goodland neighborhood to reach the community park during the peak hours of use. Although the proposed uses will not generate an amount of traffic that would preclude approval based upon the impact created by the number of trips local roadway network, staff has concerns regarding the public safety resulting from a facility providing 75 boat trailer parking spaces. Because of these concerns, staff requested the petitioner prepare a Functional Assessment of the transportation network, which the site-generated traffic will traverse (Exhibit "B"). As noted in this analysis, the average roadway width is approximately 22 feet wide with no obstructions. In addition, the minimum roadway radius is 200 feet, which is more than adequate for a typical 42-foot long design vehicle (Exhibit "C") that is projected to use the subject boat launch facility. As a result of this analysis, staff is of the opinion that the ingress/egress of the site using local roads is adequate. Conversely, increased traffic resulting ITom special events may cause stacking problems along Goodland Drive West that could block the local residents on the west side of the road. As depicted in the attached photograph (Exhibit "D"), Goodland Drive West is a local two-lane street with no sidewalks, which increases the possibility of pedestrian and vehicular accidents. Planning principles dictate that more intense traffic, i.e., tourist and recreational vehicles, should not be directed through less intense residential neighborhoods that were developed with narrow roads and have a large proportion of pedestrian and golf cart usage (Exhibit "E"). Because Goodland is primarily developed with the single-family dwellings, mobile homes and cottages in a confined area, the community experiences a lot of pedestrian and bicycle traffic. In addition, there are four-local east/west roads that all interconnect with Goodland Drive West. As a result, vehicles pulling boat trailers may have to travel farther into the residential areas to find alternative ingress and egress to the park when Goodland Drive is constrained during peak usage. In order to prevent unnecessary traffic entering Goodland's local streets, the Functional Assessment indicates that cell phone activated signage be used to deter unnecessary trips to the park during peak times. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Typically, Community Parks have their highest customer usage on the weekends and during off- peak hours of the work weekdays. As a result, the peak hours of the community park will be at the time when the majority of residents of Goodland will be at home. As such, the park activities CU-04-AR-6278. Goodland Park Page5á8 Agenda Item No.7 A March 22, 2005 Page 11 of 44 ,- tend to have the greatest impact upon the surrounding neighbors. Conversely, the proposed community park facility will not generate any glare or odor effects that could adversely impact the residential areas to the north and west. In regard to the noise issue, the proposed Goodland Community Park provides a playground, boat docks, and a boat launching facility that may, at times during peak hours of usage, generate noise that could impact the residents to the west and those to the north. However, it is anticipated that noise generated by this boat and vehicular usage will not have a significant impact on the surrounding residential community during the majority of the weekdays. It should be noted that other community parks typically have not had an adverse economic impact to the adjacent residential neighborhoods in Collier County. However, several local residents have expressed concern that their property values may depreciate if the park is constructed with 75 boat trailer parking spaces because the resulting traffic congestion during the peak hours which is in the early morning and dusk when they are at home. 4. Compatibility with adjacent properties and other property in the district. FLUE Policy 5.4 requires that all new developments, including park facilities, be compatible with and complimentary to the surrounding land uses. Based upon potential traffic, noise, and intrusion of non-resident patrons of the park into the confined Goodland area, staff is of the opinion a park and boat-launching facility at this location is compatible and complimentary to the surrounding land uses if the number of boat trailer parking spaces is reduced as noted below. This County Park and boat launching facility is located on a local roadway that was not constructed to current County design standards. If the park is constructed with 75 boat trailer parking spaces, the impact of vehicular and trailer traffic on this narrow road may, during peak usage, cause traffic congestion that could block access to the park along with the residences to the west. A facility of this size will also increase the number of non-resident park users intruding into Goodland's residential neighborhoods. Lastly, as depicted on the Conceptual Site Plan, the 75 boat trailer parking spaces require large open areas with no landscaping that is visually out of character with the nearby single-family homes. A reduction of these boat trailer parking spaces will improve the on-site traffic circulation, allow for more landscaping, and reduce the number of vehicles pulling boat trailers on the residential streets. Some Goodland residents have indicated that they would support the conditional use if the boat trailer parking spaces were limited to a maximum of thirty-six (36) spaces in order to lessen the impacts on their residential neighborhoods. Staff is of the opinion that a limitation of 36 boat trailer parking spaces would be an under utilization of the site and recommends a maximum of 50 spaces which would allow for additional landscaping and improved traffic circulation. Therefore, the proposed Conditional Use (if modified as noted above) can be found to be compatible with the adjacent properties. NEIGHBORHOOD INFORMATION MEETING: On October 14, 2004, the petitioner held a neighborhood information meeting at MackIe Community Park on Marco Island. The meeting started at 6:00 P.M. and was attended by approximately 100 individuals other than the applicant's agents and county staff. County Commissioner Donna Fiala was also present. All of the individuals that spoke expressed their opposition to the proposal for seventy-five (75) boat trailer-parking places. Their concerns ranged from traffic impacts due to the large number of boat trailers utilizing the small local residential streets and the possibility of CU-Q4-AR-6278, Goodland Park Page6r:J8 ..--~..._""- Agenda Item No. 7A March 22. 2005 Page 12 of 44 increased property damage from non-resident customers of the park. They also indicated that there was a former agreement between some Goodland residents and the Board of County Commissioners to limit the facility to a maximum of thirty-six (36) boat trailer parking spaces. The majority of opinions during this meeting stated a desire for more landscaping and vegetative buffer areas and less open space to be devoted to boat ramp and the parking facility. Conversely, other residents stated a preference to have the site developed as a condominium project over the current proposed County Park because the park would attract a large number of tourists and non-resident individuals entering Goodland's residential neighborhoods. However, during this meeting the spokespersons for the Goodland Preservation Coalition and the Goodland Civic Association discussed their difference regarding how the property should be developed. Both spokespersons voiced the need for compromise between the two organizations in order to reach a majority consensus. Subsequently, staff has received correspondence fTom the Goodland Civic Association stating their opposition to any public boat launch facility. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) fOIWard Petition CU-04- AR-6278 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staff stipulations as follows: 1. The petitioner shall provide sidewalks on both sides of the entry road at the time of Site Development Plan (SDP) review. 2. The petitioner shall provide an Environmental Impact Statement (EIS) at the time of SDP review unless it can be demonstrated that the project qualifies for a preferred rating under the Manatee Protection Plan, which would allow for a waiver of the EIS to be granted. 3. The petitioner shall provide an exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the preserve areas, which shall be submitted prior to final SDP and construction plan approval. 4. The petitioner shall provide a Manatee Awareness and Protection Plan for review and approval at the time of SDP review. 5. The petitioner shall provide the fmal details of all utility designs and documentation that water service can be provided to the site at the time of SDP review. 6. The petitioner shall provide a landscape plan consistent with Section 4.06.00 of the Land Development Code. This landscape plan will be coordinated with the County landscape architect at the time of SDP review. 7. Approval of the Conditional Use Conceptual Site Plan does not exempt the petitioner fTom providing stormwater calculations signed and sealed by a Florida professional engineer, and a narrative explaining how the proposed system will work. In addition, the required elevation information shall be provided at the time of SDP review to demonstrate compliance with the site's FEMA flood zone. CU-04-AR-6278, Goodland Park Page 7 rX 8 Agenda Item NO.7 A March 22, 2005 Page 13 of 44 - 8. At the time of SDP review, the petitioner shall provide the final details of the cell phone activated signage to be used to deter unnecessary trips to the park during peak times of the boat launch facility. 9. The Community Park and Boat Launching facility shall be limited to a maximum of 50 boat trailer parking spaces. PREPARED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVEWPMENT & ENVIRONMENTAL SERVICES DIVISION Staff report for the March 3, 2005 Collier County Planning Commission Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE CU-Q4-AR-6278. Goodland Park Page 8 r:t 8 "'&. V. "" ~"-Þð o I :t .1 : ;1 ~ :'« "" ." .-- ... lC.,.t'Ð LOCATION MAP Agenda item No. ZA. March 22. 2005 P2ge 14 of 44 ~ ~ ~ 0>' _._-~"'!:.~- PETITIO N #CU-t004 AR-6278 SITE MAP ,- GOODLANDP ARK CONCJ3PTUAL SiTE PLAN Jllly2004 K:83ð318771"""""P1-3B.dwJ ~"~""""--'''''''«-«''''''' n._.~.......m.·.'m.....'...... -.-.....-,.-.-...--- ..... --_.__._-,-~ Agenda Item No. 7 A CMarch22, 2005 V-2004-AR-6278 Page 16 of 44 PROJECT DATI:' . #2004020017 .,.; 7/30104 RA Y BELLOWS Goodland Park Transportation Impact Statement June 2004 Criteria: Collier County Transportation Officials have requested that a functional assessment of the transportation network upon which vehicle/trailer combination vehicles would travel to and from the site. Also, trip generation estimates for the site were requested. Proposed Project: The project will primarily be a boat ramp facility. It will contain 75 vehicle/trailer combination parking spaces, and 21 regular and handicap car parking places which wilJ be built to support the 12 boat slips, fishing area, viewing station and playground. The ramp tàcility will include a manned dock master station. The dockmaster wiII control the usage of the ramp. Functional Analysis: The itmctional assessment requested by County staff has been required to assess the impact of the existing residential road network in Goodland. ABB staff performed a field verification of the physical dimensions of the existing roadways from the foot of the Goodland Bridge up to the proposed site. Both dimensions and general structural condition of the roads were noted. Measured dimensions of the roads were recorded on an aerial photograph. The aerial photograph was converted to an AutoCad drawing so that software program could be used to determine if there were any roadway dimensional problems. The software used was AutoTurn. This software can be used to simulate the traveled path of various design vehicles. An exhibit of this simulation along with the measured dimensions of the roadways is included herewith. Functional Analysis ResultslDiscussion: In general, the roadway system needed to access this sÜe is in very good structural condition, absent or major pot-hole repairs and road cuts. The average roadway width measured is approximately 22 feet. Obstructions such as mailboxes and signs are located well off the travel lanes, affording the entire roadway width as useable area. Typically, the controlling dimensions where turning movements are required is the inside radius of curves. A 50' inside radius is usually sufficient to permit unhindered movement of the largest vehicles. The minimum roadway radius a.', shown on the exhibit exceeds 200' which is more than adequate for the design vehicle. The design vehicle is also detailed in the exhibit. Conclusion: The ingress/egress of this site using the local roads is adequate. In order to avoid mis-directed boaters from missing the ramp location, suggested signage locations have been ShO\\-l1. Cell phone activated signage may also be used to deter unnecessary trips to the ramp during peak times when all parking spaces are occupied. ~ ~2Hß&~ Exhibìt "S" ----_.,-~..._- ..... ._......._..._._.____._......_....____.M Agenda Item No, 7 A March 22, 2005 Page 17 of 44 - Trip Generation: UsuaUy, when estimation trip generation, the ITE Trip Generation Manual is consulted. This manual gives generation rates for various uses. The manual does not give established rates for fàcilities such as this one. As such, an estimate will be made using typical operating trends commonly associated with projects of this nature. Typically, these projects generate peak traffic during off peak times, mostly on weekends and holidays. As such., their traffic does not compete with nonnal weekday commuting. A weekend moming peak is expected with a complimentary late afternoon peak. The following assumptions have been made for the purpose of this analysis; Peak Hour: Enter 70% of the gross parking spaces will be occupied during the peak hour. 10% additional traffic will be calculated for vehicles that are turned away due to full conditions. Peak Hour: Exit 50% of the gross parking spaces will cause an exit movement during the peak hour. Average Day: It is assumed that 120% of the gross number of parking spaces will generate a trip on a given weekend. r Uses: Trailers: 75 Boat Slips: 12 Playground: 21 Total: 108 AM Peak Hour Enter: PM Peak Hour Exit: 108 x 108 x 85% 50% 92 54 Average Day: 108 x 120% 130 --..--_."_..--.-.---.,~,,... . -."..--""...... ,............ I OOODLANDPA..RK: AlJTOTURNE)(llIBIT I I I I ! \ I I I I I I I I 1 SIÞeOlI 0(1 ,...,_...----.,.._"'-,--~..~,-_..........---~- ...._______--B-.-.--''''-'-------''''''''-''---·-~- ,;,'- ---~.,---~ GOODL:1ND PARK: A l./TOTURN EXHIBIT .------ ! SbGc! 2 o{1 _··__·__M_'__. -- i X:~abibìt.dwz' r ---,---,-..-.-.....-------- ¡ OOODL41VD PARK: /-1 UTOTUR1v E)(HIBIT ! ¡ I I I I I I I ! -..:~:}ðÍ1 --"-"- -- u*_ C;OODLAIVD P/1RK: AUTOT{jRIVE~HIB¡T I I -I r (]OÒDLAJ~r¡) PARK: A [fTOTURN EXHIBIT I ¡ ¡ I i ¡ -- JW6O._ ..---.- í GOODLAJ'yl) PARK: A UTOTUR1V Ei¡.ÚÎJÏr-- ! ¡ ~ I , ! I I I........, _......__.._,_m~...._~ - J OOODLAND PARK.' A UTOTURN h'.,,:(HIBIT ! Shed 7 00 ~",_~~,_,______.__~_~__"_""_"'_h~,...._..".~~,....,~.__...,~.,~._~",,,-,,-,,-._____.___,,, -- It.............. GOODLAND PARK: DESIGN VEHICLE - u.s. AASHTO STANDARD î ~~! . '-ì r, .uu ~ }--.----r-- .·~··__~.·m_....__...._. . ,~; / ,~T~'-", i I ;¿=3,=c:=é"l ::-',,,- _~~_, _.--:~:~-o-6..L-JQ -:::.::-==.. I ;,~ ---_ ¡ ~ -:;;:¿--- . ' Sf wJ ,"'I :Y-1t::>., --- -- ----- ---11 ~/;"=-~~, ~ I /c_~, -==¡ J¡'!/ ". ::!h n d J--, ~CJ((Q)!'-'J\C=--~ - ~rCV'~-L-~L.....L-'-~-=->-: ' '~1(:::~'~ \. "-'T-/ , j , y / / r" (" (-\ "'--.., L U . ¡,J LJ .........................._- ....-..J'< ... n. ... .....~.___....ft...._.....~... m x ::r 5' "'" -1 1 ..J. v-.. 1~). ~=) D ì '-.-/ '1 T"" .., t et-=: . Ccr i\Jth Tr(JÎlc;(' iCtl ~,¡- T !,.. '-1 (- 1<. \..; , '... __ r f", C.... .U ) ~:< () (ì -~) . ~_/ '-/ í:=:, n ',,-/ . --) -,- r- n 'I ! ç., ( '-'" ! ._/ I T1^"ì("' : \._A '-~/ -'. t C~\ ~. C,: (~ k I C' l.< - .' ,\, (-' t .' ~. .eerlno '1--- 111 . "j ...1 , ( /'-.1"",; r-', I I '-/ . ,,_j 'I 'J I -_/ .b ----¡ ',,' '-. S1tcIeJ:1øfJ ;......., 'W. f\·1acch 22 2005 P~~ge 26 of 44 liò/K!W K:8J6J....ulD(U'te.l:±tibiLd1¥1: GOODLAND PARK: DESIGN VEHlCLE - US. AASHTO STANDARD Aaenda item No" 7A ~ March 22" 2005 Page 27 of 44 m x :::r ~g ')(ì nn L0.0V ~ P-B feet 7.00 8.00 6.00 8.00 6.08 31.60 '0 1"'0 / . ,) Cor 'Width Troier V,jioth Co' Trocr< iroiler Trock Lock to Lock Tirne Sleering f\ngle Articuloting Angle Sbce¡jtlft J\IrMI2OQ4 K:t363/.u1OOlni ahlbit. Ageflrb !tf'm Nfl 7 A March 22. 2005 Page 28 of 44 -------~--_._-- ---.-...---......---. - Agenda Item No. 7 A March 22, 2005 Page 29 of 44 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Date Petition Received: CU-2004-AR-6278 - PROJECT #2004020017 . DATE:7ßOffl4 Planner AssIgned: _ RAY BELLOWS Petition No.: Commission District: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) Collier County Board of County Commissioners Applicant's Mailing Address 3300 Santa Barbara Blvd. City Naples State FL Zip 34116 Applicant's Telephone # 353-0404 Fax # Applicant's E-Mail Address: Marlaramsey@Colliergov .net Name of Agent Dominick Amico. PE Finn AgnoIL Barber & Brundage. Inc. Agent's Mailing Address 7400 N. Tamiami Trail. Suite 200 City Naples State FL Zip 34108 Agent's Telephone # 597-3111 Fax # 566-2203 Agent's E-Mail Address: Amico@abbinc.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. _. APPLlCA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 4'14103 Agenda Item No. 7 A March 22, 2005 Page 30 of 44 COLLIER COUNTY COMMUNTIY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400IFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (provide additionaJ sheets if necessary) N/A 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: The fee simple owner is Collier County, which is a political subdivision ofthe State of Florida. 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). NI A Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item NO.7 A March 22, 2005 Page 31 of 44 - b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. NJA Name, 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. NJA Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PAR 1NERSIDP, list the name of the general and/or limited partners. NJA 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. N/A Name and Address Percentage of Ownership .- APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4I14m Date of Contract: Agenda Item No.7 A March 22, 2005 Page 32 of 44 f. If any contingency clause or contract tenns involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. N/ A Name and Address g. Date subject property acquired (01/2002) leased ( ):_Tenn oflease yr./mos. 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 subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest fonn. 3. Detailed le2al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 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: 18 Township: 52 S Range: 27E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: See attached description. Metes & Bounds Description: See attached description. 4. Size of property: ft. X ft. = Total Sq. Ft. Acres 5.22 Acres 5. Addressle:enerallocation of subiect propert: The site is located at the tenninus of West Goodland Drive. APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No.7 A March 22. 2005 Page 33 of 44 - DESCRIPTION (PROVIDED BY CLIENT) EXHIBIT "A" A PARCEL OF LAND BEING A PORTION OF TRACT I, AS SHOWN ON BUT NOT A PART OF THE PLAT OF GOODLAND ISLES SECOND ADDITION, AS RECORDED IN PLAT BOOK 8, PAGE 19, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: _. BEGINNING AT THE SOUTHEASTERL Y CORNER OF LOT 33, BLOCK F OF SAID GOODLAND ISLES SECOND ADDITION; THENCE SOUTH 15°11 '20" EAST 390.48 FEET; THENCE SOUTH 72°15'19" EAST 128.00 FEET; THENCE SOUTH 13°50'44" EAST 180.00 FEET TO THE SOUTHERL Y BOUNDARY LINE OF SAID TRACT 1; THENCE 28.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, RADIUS OF 100.00 FEET, CHORD BEARING NORTH 51°23'18" EAST 28.60 FEET; THENCE NORTH 43°10'00" EAST 250.00 FEET; TIIENCE NORTH 12°20'20" EAST 381.83 FEET; THENCE 87.47 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, RADIUS OF 50.00 FEET, CHORD BEARING NORTH 37°46'41.5" WEST 76.74 FEET; THENCE NORTH 87°53'43" WEST 66.88 FEET; THENCE 162.41 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, RADIUS OF 1365.08 FEET, CHORD BEARING SOUTH 88°41'47" WEST 162.31 FEET; THENCE SOUTH 85°17'17" WEST 201.52 FEET; THENCE NORTH 18°12'43" WEST 87.42 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF PALM AVENUE; THENCE SOUTH 85°17'17" WEST 10.28 FEET; THENCE SOUTH 74°49'12" WEST 60.08 FEET TO THE NORTHEAST CORNER OF SAID LOT 33, BLOCK F; THENCE SOUTH 18°12'43" EAST 96.75 FEET TO THE SOUTHEAST CORNER OF SAID LOT 33, BLOCK F AND THE PLACE OF BEGINNING; P ARCEL CONTAINS 5.22 ACRES, MORE OR LESS; BEARINGS ARE BASED ON THOSE SHOWN IN PLAT BOOK 8, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO A 30' WIDE ACCESS EASEMENT, LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; FROM THE POINT OF BEGINNING OF SAID CENTERLINE OF THE SOUTH LINE OF PALM AVENUE AS SHOWN ON SAID PLAT OF GOODLAND ISLES SECOND ADDITION, SAID POINT LYING NORTH 74°49'12" EAST OF, AND 20.10 FEET FROM THE NORTHEASTERLY CORNER OF LOT 33, BLOCK F, SAID GOODLAND ISLES SECOND ADDITION, RUN SOUTH 15°11'20" EAST ALONG SAID CENTERLINE FOR 496.81 FEET TO THE POINT OF ENDING OF SAID CENTERLINE. .- W -02-0023G.DES/04/PN8363 Agenda Item NO.7 A March 22, 2005 Page 34 of 44 6. Adjacent zonin!! and land use: Zoning Land use N VR-GZO S N/A E C-4-GZO Canal then Residential Sin~le Family Open Water Marina W VR-GZO Residential Sine:le Family Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property LD.#: Metes & Bounds Description: 7. TVDe of Conditional Use: This application is requesting conditional use # 2.6.9.2.b. of the VR-GZO district for (lYPE OF USE) Community Park Present Use of the Property: Undeveloped 8 . Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No.7 A March 22, 2005 Page 35 of 44 - a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): A Community Park is a pennitted use within the urban coastal fringe subdivision. It is also provided for as an essential use in accordance with section 2.609.2.b. of the Land Development Code. This site is well suited to provide public access for boating and a park for the residents of Goodland. b . Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: A single point of ingress and egress if proposed at the terminus of GoodIand Drive West. Substantial turning movement is provided internal to the site to accommodate vehicles pulling boat trailers. Within the park. a system of sidewalks and boardwalks are proposed that allow access to all facilities. Parking facilities are located in close proximity to site features. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Site improvements have been designed to minimize nes.zative off-site imPacts. A substantial buffer is provided along the western boundary of the site. which is the only portion of the site directly abutting existimz residential development. Water abuts the other 3 sides of the property. A mangrove fringe softens this edge which also represents a substantial buffer along the north. south and eastern sides of the pronertv. - The boat ramD is located on the south side. which is open water. APPLICA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14103 Agenda Item No. 7 A March 22, 2005 Page 36 of 44 d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: As described in item C. the proposed park is compatible with adjacent properties and other properties in the area. e . Please provide any additional infonnation which you may feel is relevant to this request. 9. Deed Restrictions: The County is legally precluded ftom enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect propertv: 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 requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8Y2" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE-4Il.w3 Agenda Item No. 7 A March 22, 2005 Page 37 of 44 r · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. f. r g. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h . Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's {"mal action on this item, please remove all public hearing advertising sign(s) immediately. r APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 r-, I \ ('\ ~, Agenda Item NO.7 A March 22, 2005 Page 39 of 44 RESOLUTION 05- A RESOLUTION OF 'THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF AN ESSENTIAL SERVICE CONDITIONAL USE IN TIm Vil,LAGE RESIDENTIAL (VR) ZONING DISTRlCf PURSUANT TO SECTION 2.01.03.(3a) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO ALLOW FOR A COMMUNITY PARK AND TO PROVIDE PUBLIC ACCESS TO A BOAT LAUNCH FACllJTY FOR PROPERTY LOCATED IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has confened on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the' duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an essential service Conditional Use of Section 2.01.03 (3a) of the Collier County Land Development Code in an Village Residential (VR) Zone for a community park and to provide public access for boating and a park on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00. (D) of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a p~blic meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Dominick Amico, P.E. of Agnoli, Barber & Bnmdage, Inc., representing with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for an essential service Conditional Use of Section 2.01.03.(3a) Collier County Land Development Code in the Village Residential (VR) Zoning District for a community park Page 1 of 2 Agenda Item No. 7 A March 22, 2005 Page 40 of 44 and to provide public access for boating and a park in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN ATfEST: DvnGHTE.BROCK,CLERK Approved as to Fonn and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU-2004-AR-6278/RB1sp Page 2 of 2 , . Agenda Item No. 7 A March 22, 2005 Page 41 of 44 - ...n....._............".. FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION .....,... ........,...-...-....".,.. . ~ ...._..-..-.. FÔíf" ..........--.. . _...u. ..,.....'" ..___.....m..._·_..··_....·_··_..__......·....··w__.. -.',- CU-AR-6278 The following facts are found: 1. Section 2.01.03 (a) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes-L. No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: -- Adequate ingress & egress Yes /' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible ùse within district Yes£ No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. APP~ DATE: 3/3fch CHAIRMAN: ~ Js3d1 A &ro - EXHIBIT "N' -----.----....-- Agenda Item No.7 A March 22. 2005 Page 42 of 44 DESCRIPTION (pROVIDED BY CLIENI) EXHIBIT "B" A PARCEL OF LAND BEING A PORTION OF TRACT 1, AS SHOWN ON BUT NOT A PART OF THE PLAT OF GOODLAND ISLES SECOND ADDITION, AS RECORDED IN PLATBOOK 8, PAGE 19, OF TIffi PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 33, BLOCK F OF SAID GOODLAND ISLES SECOND ADDITION; THENCE SOUTH 15°11'20" EAST 390.48 FEET; THENCE SOUTH 72°15'19" EAST 128.00 FEET; THENCE SOUTH 13°50'44" EAST 180.00 FEET TO TIffi SOUTHERLY BOUNDARY LINE OF SAID 1RACT 1; THENCE 28.70 FEET ALONG TIffi ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, RADIUS OF 100.00 FEET, CHORD BEARING NORTH 51 °23'18" EAST 28.60 FEET; THENCE NORm 43°10'00" EAST 250.00 FEET; THENCE NORm 12°20'20" EAST 381.83 FEET; TIIENCE 87.47 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,RADIUS OF 50.00 FEET, CHORD BEARING NORm 37°46'41.5" WEST 76.74 FEET; THENCE NORTH 87°53'43" WEST 66.88 FEET; 1HENCE 162.41 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTIIEAST, RADIUS OF 1365.08 FEET, CHORD BEARING SOUTH 88°41'47" WEST 162.31 FEET; TIffiNCE SOUTH 85°1717" WEST 201.52 FEET; THENCE NORTH 18°12'43" WEST 87.42 FEET TO THE SOUTIIERL Y RIGHT-OF-WAY LINE OF PALM AVENUE; THENCE SOUTH 85°17'17" WEST 10.28 FEET; THENCE SOUTH 74°49'12" WEST 60.08 FEET TO TIIE NORTHEAST CORNER OF SAID LOT 33, BLOCK F; TIIENCE SOUTH 18°12'43" EAST 96.75 FEET TO THE SOUTIIEAST CORNER OF SAID LOT 33, BLOCK F AND THE PLACE OF BEGINNING; PARCEL CONTAINS 5.22 ACRES, MORE OR LESS; BEARINGS ARE BASED ON mOSE SHOWN IN PLAT BOOK 8, PAGE 19 OF THE --·------PUBLICRECORDS OF COLLIER CQUNTY, FLQRIDA~__~__________.________________ .____ --_.,- ----_._~- ~-._,- ---._._.--~ ----- SUBJECT TO A 30' WIDE ACCESS EASEMENT, LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; FROM THE POINT OF BEGINNING OF SAID CENTERLINE OF TI:IE SOUTH LINE OF PALM AVENUE AS SHOWN ON SAID PLAT OF GOODLAND ISLES SECOND ADDITION, SAID POINT LYING NORTH 74°49'12" EAST OF, AND 20.1 0 FEET FROM THE NORTHEASTERLY CORNER OF LOT 33, BLOCK F, SAID GOODLAND ISLES SECOND ADDITION, RUN SOUTH 15°11 '20" EAST ALONG SAID CENTERLINE FOR 496.81 FEET TO THE POINT OF ENDING OF SAID CENrERLINE, W -02-0023G.DES/04/PN8363 "_,_,~"".",""."",o;;.IJ~"''''.'"",'~''''''"''''><'''''',",..",,,..,,,,,,,,",",,,.".", Agenda Item NO.7 A March 22, 2005 Page 44 of 44 CONDITIONS OF APPROVAL CU-2003-AR-6278 1. The conditional use is limited to what is shown on the conceptual site plan, identified as "Goodland Park Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc, last revised July, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design shall be compliance with all applicable federal, state, and county laws and regulations. 2. The petitioner shall provide sidewalks on both sides of the on-site entry driveway at the time of Site Development Plan (SOP) review. 3. The petitioner shall provide an Environmental Impact Statement (EIS) at the time of site development plan review unless it can be demonstrated that the project qualifies for a preferred rating under the Manatee Protection Plan, which would allow for a waiver of the EIS to be granted. 4. The petitioner shall provide an exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the preserve areas, which shall be submitted at the time the site development plan is submitted for review. 5. The petitioner shall provide a Manatee Awareness and Protection Plan for review and approval at the time of site development plan review. 6. The petitioner shall provide the final details of all utility designs and documentation that water service can be provided to the site at the time of site development plan review. 7. The petitioner shall provide a landscape plan consistent with Section 4.06.00 of the Land Development Code. This landscape plan will be coordinated with the County landscape architect at the time of site development plan review. 8. Approval of the conditional use conceptual site plan shall not exempt the petitioner from providing storm water calculations signed and sealed by a Florida registered professional engineer and a naITative explaining how the proposed system will work. In addition, the required elevation information shall be provided at the time of submission of a site plan for review to demonstrate compliance with the site FEMA flood zone. 9. At the time of site development plan review, the petitioner shall provide the final details of the cell phone activated signage. 10. The community park and boat launching facility shall be limited to a maximum of 50 boat trailer parking spaces and a maximum of 30 regular vehicular parking spaces. 11. The petitioner shall place a deed restriction to keep the property as a park. 12. The drive isles shall be constructed with crushed shell or other similar approved substance. 13. The boat launching facility shall be closed during special community events. Exhibit D Agenda Item No. 7B March 22, 2005 Page 1 of 126 EXECUTIVES~ARY Petition: CU-2004-AR-6625 EcoVenture Wiggins Pass, Ltd., represented by Robert J. Mulhere, AICP, ofRWA Consulting, Inc., and Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, requesting a Conditional Use of the C-4 zoning district for a Hotel & Spa per Chapter 2.04.03 of the Land Development Code. The subject property, consisting of 10.45 acres, is located at 13635 Vanderbilt Drive in Section 17, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals determine whether the requested conditional use is consistent with the Collier County Growth Management Plan (OMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERATIONS: The subject site is 10.45 + acres and directly north of the Cocohatchee River Park, which includes wet boat slips and a boat launching and fueling facility. The subject property was used for many years as a marina with some 450 dry boat storage spaces, a ship's store, a boat service facility, marine fueling facility, and several wet slips. The petitioner seeks a Conditional Use for a hotel in the Commercial (C-4) zoning district as provided for in Chapter 2.04.03 of the LDC. Hotels are permitted in the C-4 zoning district, when the C-4 zoning district is contained within an activity center. The subject site is not located within an activity center and therefore a conditional use application is required of the project. The applicant is proposing a 230-room hotel with customary ancillary uses. These uses include: · + 10,000 square feet of restaurant space; · + 4,000 square feet of loungelbar area; · + 10,000 square feet of meeting and ballroom space · + 17,000 square feet of retail shops and personal service uses such as a spa and salon · + 3.18 acre marina with a maximum of 47 wet slips and a ship's store (minimum oftbree wet slips reserved for transient boat parking. The project's primary means of ingress and egress is located directly across from the existing terminus of Wiggins Pass Road where a traffic signal exists. A secondary means of ingress and egress will be provided at the northern extent of the project. This secondary access point is to be utilized primarily for deliveries and to provide enhanced emergency access. The project will provide an inter-connection with the Cocohatchee River Park to the south to allow the park's patrons the ability to ingress/egress the site utilizing the traffic signal. _. The applicant is seeking to develop a Destination Resort Hotel. A Destination Resort Hotel will permit the applicant to utilize a higher Floor Area Ratio (FAR) than a traditional hotel. A Destination Resort hotel is entitled by the Land Development Code to utilize aFAR of .80, rather than the .60 FAR utilized for traditional hotels. The applicant also submitted a request for a formal interpretation the results of which indicate the hotel, as proposed, would not meet the minimum requirements for a Destination Resort Hotel as presently defined in the Land Development Code. At the public hearing in CU-2004-AR-6625 1 Agenda Item No. 78 March 22, 2005 Page 2 of 126 front of the Planning Commission, staff presented an additional recommendation as part of this staff report which requires that at the time of Site Development Plan application, the proposed project shall meet all of the requirements of a Destination Resort Hotel as defined by the Land Development Code, should they wish to construct one. The Conditional use application indicates that the proposed hotel shall have the following characteristics: · The parcel has direct access to the Gulf of Mexico. · The hotel amenities include, but are not limited to, a pool, restaurant, spa, fitness center, concierge services, marina, ship's store and fueling station. · The hotel will have no less than twenty-five percent of the gross floor area devoted to common usage and support areas. To qualifY for a Destination Resort Hotel the project would require all of the above, in addition to an on-site golf course, unless the project fronted on the Gulf of Mexico. The project does not front on the Gulf and does not contain an on-site golf course, therefore the .60 FAR utilized for traditional hotels will be required. As noted, the applicant submitted an official interpretation concerning a proposed destination resort hotel, and whether the future hotel project described in the request would qualifY as destination resort hotel. The qualities of the proposed hotel described within the official interpretation request, are identical to the hotel proposed within this conditional use application. Susan Murray, AICP, Director of Zoning and Land Development Review issued the official response on March 1, 2005. The response determined that the proposed hotel did not meet the definitional requirements of the Land Development Code. The response has been included within this agenda packet. It should be noted that Mike Bosi, the staff member assigned to draft the response, originally incorrectly detennined that the proposed hotel did qualifY as a destination resort hotel. It was this false assumption under which the Planning Commission staff report was generated, and the reason that staff report is not in concert with this executive summary. The Traffic Impact Statement (TIS) submitted with the application indicates that the proposed 230 units with 47 wet boat slips will generate an expected 1,301 total daily net new external trips. Of the total daily trips, 88 trips can be expected during the AM peak: hour and 102 trips can be expected during the PM peak: hour. The TIS expects 50 percent of the trips would travel to/from the east on Wiggins Pass Road, 26 percent would travel to/from the north on Vanderbilt Drive, and 24 percent would travel to/from the south on Vanderbilt Drive. The trip generation comparison indicates that the traffic volumes on Vanderbilt Drive should remain far below the road's capacity, well beyond the buildout of the project. The TIS also indicates that the Hotel will generate 24 more PM peak: hour trips than the previous Wiggins Pass Marina. The below table is a comparison of the transportation impact the alternative proposals for the site would generate. .- Time Period Daily Former Marina 1 ,214 Coconilla PUD 539 Hotel 1301 Maximum C-4 7,292 CU-2004-AR-6625 2 Agenda Item No. 78 March 22,2005 Page 3 of 126 AM Peak: Hour PM Peak: Hour 33 78 55 45 88 102 311 664 The proposed marina is for 47 slips. Policy 6.3.1 of the GMP requires the number of pennitted wet slips for marinas be no more than 18 boat slips per 100 feet of shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds if the vessels leaving the marina stay within the limits of the main channel to the Gulf of Mexico. According to the applicant, the existing shoreline is approximately 305 feet, which would allow 54.9 slips; the applicant is proposing 47 slips in accordance with this policy. Also, the majority of the site falls within the secondary protection zone of a bald eagle nest. The petitioner has received an Incidental Take Pennit from the US Fish and Wildlife Service (USFWS) (a "take permit" includes destroying a bird or its nest, but in this case, because the nest is not on the petitioner's property, it will be for degradation of habitat). FISCAL IMPACT: The conditional use authorization 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 authorized for the proposed conditional use, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. <',,..4...... The County collects impact fees prior to the issuance of building pennits 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 pennit 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) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban- Mixed Use District pennits a variety of non-residential uses including hotels/motels consistent by Policy 5.9, 5.10, or 5.11 and related accessory and recreational uses such as restaurants, meeting spaces, retail uses, spas and water related uses such as wet slips. The subject site is zoned commercial (C-4) and developed with a marina. This site does not meet the commerciallocational criteria contained in the Future Land Use Element (FLUE). However, FLUE Policy 5.9 provides that properties, which do not conform to the FLUE but are improved, as detennined through the Zoning Re-Evaluation Program, shall be deemed consistent with the FLUE and identified on the FLUE Map Series as Properties Consistent by Policy. This site is such a property (determined to be "improved property" through the Zoning Re-evaluation Program) and therefore _ allowed to develop consistent with the C-4 zoning district as requested above. CU-2004-AR-6625 3 Agenda Item No. 78 March 22, 2005 Page 4 of 126 The Urban-Mixed Use District sets forth "any water-dependent and/or water-related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses." "In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (PolicylO.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) Presently developed sites; b) Sites where water-dependent or water-related uses have been previously established; c) Sites where shoreline improvements are in place; d) Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized." The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-related use, the 47-slip marina. Based upon the above analysis, staff concludes that the proposed uses for the site may be deemed consistent with the FLUE. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: ._".. The petition appeared before the EAC on February 3, 2005. The EAC forwarded the petition to the Board of Zoning Appeals with a recommendation of approval, subject to staff stipulations, with the following modifications: to amend the Bald Eagle Management Plan to identify the procedure to follow if the eagle is disturbed as a result of the construction activities and that containment clean-up of the site will be performed to residential standards. The motion passed by a vote of 5 to 2. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission heard this petition on March 3, 2005. The CCPC forwarded the petition to the Board of Zoning Appeals with a recommendation of approval subject to the conditions of approval attached to the resolution with the further recommendation that the BCC determine the Floor Area Ratio to be utilized by the project. The motion passed by a vote of 8 to O. 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 (BCe) 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 findings 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. _. CU-2004-AR-6625 4 Agenda Item No. 78 March 22, 2005 Page 5 of 126 · 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 recommends that the Board of Zoning Appeals approve Petition CU-2004-AR-6625 subject to the following conditions: 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance No. 04-41 (Site Development Plan Review and Approval). 2. The project will have no less than twenty-five percent of the gross floor area devoted to common usage and support areas. 3. The project will provide vehicular and pedestrian inter-connection with the Cocohatchee River Park to the south to allow the park's patrons the ability to access the site and allow for the utilization of the traffic signal located at the Wiggins Pass RoadIV anderbilt Drive intersection. 4. All hotel rooms associated with the project must remain available for public conswnption on a year round basis. 5. The project shall be restricted to a maximum building height of75 feet. 6. No less than five percent of the total number of boat slips within the Marina Basin shall be dedicated for the general public consumption. 7. Within 15 days of approval of this Conditional Use by the Board of County Commissioners, the property owner shall dedicate a 30- foot wide easement to the Collier County Parks and Recreation Department. The easement shall be located along the proj ect' s southern property line to provide for additional parking and redesign of traffic flow associated with the Cocohatchee River Park. ,- 8. At the time of Site Development Plan, the applicant must provide evidence of control of the .43 acres of submerged land contained within the project from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. CU-2004-AR-6625 5 Agenda Item No. 78 March 22, 2005 Page 6 of 126 9. At the time of Site Development Plan submittal, the project shall utilize the .60 Floor Area Ratio allowed for traditional hotels, unless otherwise detennined by the Board of Zoning Appeals. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review ^.~.-.... CU-2004-AR-6625 6 - Item Number Item Summary Meeting Dal. Agenda Hom No. 78 March 22. 2005 Page 7 ()f 126 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 76 Thi5 item to !:Ie he,;¡rd irnrnf!dÎé.\tely f_lliowir¡g !tfml .as (which is s!:;heduled to he l1e.mi at 1 :00 p.m, on March 22. :WOS). This ¡t~m req~J!re:s that aU parfir-.Îpants be sworn in and ~x~part.e disclosure be provided by ComnussÈon members. CU·2004-AR-6625 EcoVenture- V\l!ggins PSS'5, Ud, represented by Robert J. Muihere, AICP, (If RWA Cor¡~.uitjng, Inç., and Richard D. Yovanovich, Esquire, of Goodietle. Coleman & Johnson, mquesting a Condilion.-:¡I Use of the C-4 zoning dislrit...1lm "" Hotel &. Spa pel' Chapter 2.04.03 of the Land Devc]Q!.Hncl1t Code. The 5lJbeCI praper1y, consisttJlg of 10.45 acres, is IceaLed ii! 13635 Vanderbi!t Drive in Sp.dlon 17. Town.s11jp 48 Sout.h. R~l1gf 25 East Collier Count)', F!oridfl, 3i22!20DS 9:0D:00 A,M Mike Bosi, AI¡;P Pril'lÇ.ipal Phmner 3/B/2005 B:S2:20 AM Prepared By Community Deve!opme,nt & Environmenta! S('rvic.eit D.rte Zoning & 13nd Oev(!lopment Review Approved By Sandr.., Le.;¡ Comm\¡f1~iy Op.....elopm(mt & EnvironmentaJ Services Executive Srrc.retary Date Commuf1Hy O/!'\leloprn.~.,t & En....ironm~nt('ll Services Admin 3191200510:22 AM Mik1! Basi. AICP Pril'lclpal Plaf1ner D:tte Approved By Communit}' Devlth)plflenf & [nv'mnITml1ta! Scrvkes lOnHI{} 8. Lam1 Dt':\¡elopmNlt R~vif~W 3,1'rmOaS 1 O~27 AM Approved By Suun Murrll)!, AICP Comrnowty Oe,,'duprnent & f.,nvironrn(':nj¡1 Servír;es 20nìng 8. Land Development Dir>?>c.tor Date Zoning & Laþ¡f Ofwdoprrlet1t Review 3rg'2:0(l5 12:36 PM Chief PIJilnnCf Dilte Approved By RI'IY Br.UQWS CommU!~ity Development & Environmental Sf!rvi(:t~H Z(Jt1In~ & Land Devel)plnl!:l1t f~~",u~w 3¡glZ005 1 :~o PM DDn.1!;' L 5<:01t TrilnSpGrt*tiOn Plöinl1ing Dirm:tor Dale Approved By Trani>port¡¢n Services Tf~ns.part!rtion Plannin9 3110/2005 !:14 AM Approved By JOSElph I," SC~lrnitt Community DeveJopmel1t & Erwlronrnental SetvÍ<:e.s I;Oml'llUF1ity Development & EnvjrC)nfT1I!H1t:11 ServÜ:c$ AdmiostnJtor Date Cornmunity Development &. Erwironrnltl1t.1!l Sf!lvì(;~¡¡ Admin. :monOO511:57 AM ·rr¡nJf.potbli)" Division AdminjütratOf DatE! Approved By Norm E" FetJef', AICP Trnnß:portion St!rvic~B TrnnspOT1a¡DI) SelVi~e¡; Admin 3/1Q/2005 1 :08 PM OMS Coordiniltor Admìnis-tratjl,/E! Aa:siat¡¡¡nt Dale Approved By C(Jur;ty Mal\'¡9~r"1 O"tc:e O"jç" \,f MillniI9(!nlt1:nt & !J~ldgC! 3/11/20059:34 AM M;slk l:Jackson Budget A'la!Y$1 Oilte Approved By County Manager's Office Office- of Management & Budget 3/151200512:12 PM Approved By Michael Smykowskì County Mal'\ag:m'li Offic.c M,¡,m3gement & Budget Dir.ectQf Date Offir.:e of M¡¡ns!J(!cmunt & BUdlJ1rt 3/15l1005 12:46 PM COt;!"')' Munager Dat.(! Approved By .!.1irne5 V. Mudd Board ot County Commi'iisìol'll!!ro County M;Jllager"$ Offk:~ 3115/20D5 3:4g PM - -'-'-"~--~ Agenda Item No. 78 March 22. 2005 Page 8 of 126 Go~r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: FEBRUARY 17,2005 SUBJECT: PETITION CU-2004-AR-6625 PROPERTY OWNER/AGENT: OWNER: Eco Venture Wiggins Pass, Ltd. 60 1 Bayshore Boulevard, suite 960 Tampa, FL 33606 AGENTS: Robert 1. Mulhere, AICP RW A Consulting, Inc. 3050 N. Horseshoe Dr. Suite 270 Naples, FL 34104 Richard D. Y ovanovich, Esquire Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, FL 34104 REOUESTED ACTION: Robert J. Mulhere, AICP of RW A Consulting, Inc., and Richard D. Y ovanovich of Goodlette, Coleman & Johnson representing Eco Venture Wiggins Pass, Ltd., requests approval a Conditional Use in the Commercial (C-4) zoning district for a 230-room Destination Resort Hotel, as specified per Section 2.04.03 of the Collier County Land Development Code (LDC) on 10.45± acres. GEOGRAPHIC LOCATION: The subject property is the site of the fonner Wiggins Pass Marina. It is located in the northwest quadrant of the intersection of Wiggins Pass Road and Vanderbilt Drive in Section 17, Township 48 South, Range 25 East. The parcel is approximately 10.45± acres. (See illustration on following page) CU-2004-AR-6625 Page 1 eX 13 \) 11 _w - Agenda Item No. 78 March 22. 2005 Page 9 of 126 (') c: ~ í! ~ g¡ \) '" -0 ~ LOCA TION MAP SITE MAP PETITION ·CU. :2004- Þ,R· 11:25 -.... r I I I , 1 Agenda Item No. 78 March 22, 2005 Pa e 10 of 126 '-''''''~V^y,~·_....,~,.w",~''. .'. tI b. 'it. ~ .. ~UHn ~ Id ; . II'!II : ~ ~i I I ill " i ~i I ~ 9i ~ q¡ : I illl h ~ Ii ~i9:1 I : i. ! ~, igæi IJ ; " I i ¡!~II 'I,! ! II I ~ !Ih ~ ~ !I , I j i 'i 1 II' j¡ :1 ' I! \ ¡ i ! ~ .,-,~:. ,. ¡ '" .. ì ff' 1'<'--- I UJ. . It "I ;¡;; ~ yl C) P q ;1 ~!i¡ i :> 0: ./ ... II , ~ I t' "I· ¡r: gl ~ Ii I ~'I'~¡I~I~~. Iq: ø ! ; :; : !:! : ¡ fI ¡ ¡!¡ , i lilt ~ ., · 0; t nu; ~ .. .." J » . I . m II n ! i i ~ ~ Hi ~ i ~ _I_ tt ~. !!i! II! I i \ II I § ! J""!' ¡yf t ~-=" I t g Ii c ¡I""\ \\ ~ ¡ j ~ ~ ~----t-t.-\----------:::;/-.~-..L i I ~ tì\.__------_\-~·--\-r-·ç------ ø g l~~ __.-~..--),,:"\-- - ~~L---:\;':::::;:.:'.:.,-kE.4:~1="3;;~..;;;-:.::::"-· ~ "/ ."-- . \ . \ i .- ------ .-"'" .---~..;:;::-::..~ _~--::i':;:--.,--- ". ì. I ::-- -,' \ :-. l= IJ MW¥ NQ.I.WoiB5ttOO} '¡¡nod AWl DH01~ CU-2004-AR-6625 Page 3 eX 13 & i :~ I!:! ~ .! !i ;-1 I 1% ~ P £ ~f£. i Þ¡~ ¡' t"· ~~~ ! î'l.. 1 I ,: ! i i ti~ i! .~ ; ftj :!~! ~.4f ~! ~ *~ Agenda Item No. 78 March 22, 2005 Page 11 of 126 PURPOSElDESCRIPTION OF PROJECT: The subject site is 10.45 + acres and directly north of the Cocohatchee River Park, which includes wet boat slips and a boat launching and fueling facility. The subject property was used for many years as a marina with some 450 dry boat storage spaces, a ship's store, a boat service facility, marine fueling facility, and several wet slips. The petitioner seeks a Conditional Use for a Destination Resort Hotel in the Commercial (C-4) zoning district, as provided for in Chapter 2.04.03 of the LDC. Hotels are permitted in the C-4 zoning district, when the C-4 zoning district is contained within an activity center. The subject site is not located within an activity center and therefore a conditional use application is required of the project. The applicant is proposing a 230-room hotel with customary ancillary uses. These uses include: · + 10,000 square feet of restaurant space; · + 4,000 square feet of loungelbar area; · + 10,000 square feet of meeting and ballroom space · + 17,000 square feet of retail shops and personal service uses such as a spa and salon · + 3.18 acre marina with a maximum of 47 wet slips and a ship's store (minimum of three wet slips reserved for transient boat parking. The project's primary means of ingress and egress is located directly across from the existing terminus of Wiggins Pass Road, where a traffic signal exists. A secondary means of ingress and egress will be provided at the northern extent of the project. This secondary access point is to be utilized primarily for deliveries and to provide enhanced emergency access. The projects will provide an inter-connection with the Cocohatchee River Park to the south to allow the park's pa1rons the ability to ingress/egress the site utilizing the traffic signal. As noted, the Conditional Use request is for a Destination Resort Hotel. A Destination Resort Hotel will pennit the applicant to utilize a higher Floor Area Ratio (FAR) than a traditional hotel. A Destination Resort hotel is entitled by the Land Development Code to utilize a FAR of .80, rather than the .60 FAR utilized for traditional hotels. The LDC defines Floor Area Ratio (FAR) as: A means o/measurement o/the intensity o/building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas 0/ all buildings on the site and dividing that figure by the gross land area. See Figure below. Maximum flöoi area ·for"â FAR. of 0.20 li,,'äxtmum-nöôiå'reafor a' , FAR. of 0.80 (8.000 SF Building I ./ .. 40.000 SF lot - 0.20 FAR) *' ' /~oQ-t :. " /.. .",,~.......... " . q..r'(~ / ,~,,' , , ~~~}!. / /' " - "'0 / ',~ ' '-'.s-"" /' '.. <o?, -""':",' (32.000 SF Bundìng / 40,000 SF lot - 0.80 FAR) ......---.--.....--.........-............-..--.......-,-.....___..._____... "'---~""... , /~«t'"!:"",.''''', <t;;4;.;~ ! ."f?.......... .,/ '., i '1<90'> . ' ,/" / '....?q /' ,~,!>;<- " ..~#~/ FLOOR AREA RATIO - TOTAL BIJILQI",GFLOORAREA TOTAL LOT AREÀ The above definJtion presents a formula for the Floor Area Ratio in which the denominator of the equation is the gross land area of a property or parceL CU-20Q4-AR-6625 Page 4 d 13 Agenda Item No. 78 March 22, 2005 Page 12 of 126 The Collier County Land Development Code specifically defines a Destination Resort Hotel as: Destination resort hotel: A transient lodging facility where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or man- made, including but not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-relatedfacilities, (iii) health spa and/or fitness center. (iv) other recreational amenities and on-site services, including jùll dininfJ services and cocktail lounge, entertainment rooms for video and movies, and concierfJe services. Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is not required. In all cases, a destination resort hotel must include jùll dining services and a cocktail lounge, and not less than 25 percent of the fJ1"oss floor area must be devoted to common usafJe and support service areas, such as but not limited to fitness room. health spa. media room. meetinfJ rooms, dininJ! and lounge facilities, and spaces in support of hotel fùnctions. The application indicates that the proposed hotel shall have the following characteristics: · The parcel has direct access to the Gulf of Mexico. · The hotel amenities include, but are not limited to, a pool, restaurant, spa, fitness center, concierge services, marina, ship's store and fueling station. · The hotel will have no less than twenty-five percent of the gross floor area devoted to common usage and support areas. To arrive at the required twenty-five percent ofthe gross floor area devoted to common usage and support areas, the applicant has demonstrated the proposal's compliance with the below square footage allocation. Area function Lobby areas Outdoor lobby deck Common hallways, elevators Miscellaneous pub areas Meeting area Pre-function areas Outdoor function area Restaurant Back of house! hotel service Marina walkway Ship's store Transient boat slips PooL' Dool deck Total area devoted to common usage and support service areas Maximum permitted FAR based on 10.45 acres Square Foota2e Allotted 2,925 3,269 9,612 6,750 10,000 2,400 7,500 4,250 38,000 17,000 1,800 3,000 12.000 118,506 32.5% 364161 The Traffic Impact Statement (TIS) submitted with the application indicate that the proposed 230 units with 47 wet boat slips will generate an expected 1,301 total daily net new external trips. Of the total daily trips, 88 trips can be expected during the AM peak: hour and 102 trips can be expected during the PM peak hour. The TIS expects 50 percent of the trips would travel to/from the east on Wiggins Pass Road, 26 percent would travel to/from the north on Vanderbilt Drive, CU-2004-AR-6625 Page 5 of 13 Agenda Item No. 78 March 22, 2005 Page 13 of 126 -- and 24 percent would travel to/from the south on Vanderbilt Drive. The trip generation comparison indicates that the traffic volumes on Vanderbilt Drive should remain far below the road's capacity, well beyond the buildout of the project. The TIS aJso indicates that the Resort Hotel will generate 24 more PM peak hour trips that the previous Wiggins Pass Marina. The proposed marina is for 47 slips. Policy 6.3.1 of the GMP requires the amount ofpennitted wet slips for marinas be no more than 18 boat slips per 100 feet of shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds if the vessels leaving the marina stay within the limits of the main channel to the Gulf of Mexico. According to the applicant, the existing shoreline is approximately 305 feet, which would aJlow 54.9 slips; the applicant is proposing 47 slips, in accordance with this policy. Also, the majority of the site faJls within the secondary protection zone of a bald eagle nest. The petitioner has received an Incidental Take Permit from the US Fish and Wildlife Service (USFWS) (a "take permit" includes destroying a bird or its nest, but in this case, because the nest is not on the petitioner's property, it will be for degradation of habitat). I.r "\. L"~) ."1....-'" \ COCOHA rCHEE &4 Y ) r;"~ ).r..... y~/'.r,.J \ '''1. b- r \ (~' \ r,.![' , ~~-~/.{J~~? Jd (í~/J g ,~f c-:l ~-----.,------ (--).'7 1 L-~ (' II , I '-. PUD SURROUNDING LAND USE & ZONING: Subject Parcel: Property developed as a marina; zoned C-4 Surrounding: North: Undeveloped land within a residentially designated tract; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) CU-2004-AR-6625 Page 6 of 13 Southwest: Southeast: Agenda Item No. 7B March 22, 2005 Page 14 of 126 Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Cocohatchee River Park (Collier Parks and Recreation); zoned P (public Use) Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Pelican Isle Yacht Club; zoned R T (density capped at 11 dwelling units per acre) Undeveloped commercial tract of Wiggins Bay PUD; zoned PUD (4.85 dwelling units per acre) East: South: West: GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban-Mixed Use District permits a variety of non-residential uses including hotels/motels consistent by Policy 5.9, 5.10, or 5.11 and related accessory and recreational uses such as restaurants, meeting spaces, retail uses, spas; and, water related uses such as wet slips. The subject site is zoned commercial (C-4) and developed with a marina. This site does not meet the commerciallocational criteria contained in the FLUE. However, FLUE Policy 5.9 provides that properties, which do not conform to the FLUE but are improved, as determined through the Zoning Re-Eva1uation Program, shall be deemed consistent with the FLUE and identified on the CU-20Q4-AR-6625 Page 7 of 13 Agenda Item No. 7B March 22, 2005 Page 15 of 126 FLUE Map Series as Properties Consistent by Policy. This site is such a property (detennined to be "improved property" through the Zoning Re-evaluation Program) and therefore allowed to develop consistent with the C-4 zoning district as requested above. The Urban-Mixed Use District sets forth "any water-dependent and/or water-related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses." "In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (policylO.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) Presently developed sites; b) Sites where water-dependant or water-related uses have been previously established; c) Sites where shoreline improvements are in place; d) Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized." The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-related use, the 47 -slip marina. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this detennination to the Zoning and Land Development Review staff as part of their review of the petition in its entirety. Based upon the above analysis, staff concludes that the proposed uses for the site may be deemed consistent with the FLUE. The other applicable element of the GMP for which a consistency review was made is the Transportation Element and this project was found to be consistent with Policy 5. I and 5.2 of the Transportation Element (TE). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, the subject site is zoned commercial (C-4) and developed with a marina. This site does not meet the commerciallocational criteria contained in the FLUE. However, FLUE Policy 5.9 provides that properties, which do not conform to the FLUE but are improved, as determined through the Zoning Re- Evaluation Program, shall be deemed consistent with the FLUE and identified on the FLUE Map Series as Properties Consistent by Policy. This site is such a property (detennined to be "improved property" through the Zoning Re-evaluation Program) and therefore allowed to develop consistent with the C-4 zoning district as requested above. CU-2004-AR-6625 Page 6 of 13 .------ Agenda Item No. 7B March 22, 2005 Page 16 of 126 Additionally, the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) - that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. During a storm, a commercial building is subject to potential property damage, while a residential structure would house residents who would be subject to evacuation. The utilization of this property for commercial use, rather than residential use (as proposed in PUDZ-20Q4-AR5967 on today's agenda) will decrease the probability ofpotentia1loss of human life in the event of a storm event. That assessment is based upon that belief that a commercial property with transient residents will be more likely to shut down operations and vacate the premise during a potential storm event, than a residential development with full time residents. This request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LOC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fIre or catastrophe. The project's primary means of ingress and egress is located directly across from the existing terminus of Wiggins Pass Road, where a traffic signal exists. A secondary means of ingress and egress will be provided at the northern extent of the project. This secondary access point is to be utilized primarily for deliveries and to provide enhanced emergency access. The project will provide an inter-connection with the Cocohatchee River Park to the south to allow the park's patrons the ability to ingress/egress the site utilizing the traffic signal located at the Wiggins Pass RoadNanderbilt Drive intersection. The site plan submitted with the application is conceptual only, but if approved, at the time of Site Development Plan submittal, the on-site traffic flow in relation to the spatial arrangement of all on-site structures will be reviewed for compliance with the specifications of all Collier County Emergency Services. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The proposed use will generate an expected 1,301 total daily net new external trips. Of the total daily trips, 88 trips can be expected during the AM peak hour and 102 trips can be expected during the PM peak hour. The proposed project is expected to generate 24 more PM peak hour trips than the previous marina. Based upon the increased traffic generation the project win have an increased effect in terms of traffic impact and the noise associated with that increase. Additionally, a hotel will have fTequent service deliveries to maintain its operation, and these trips typically transpire during irregular hours, which can potentially infringe upon neighboring properties. These described effects though, compared against the potential uses that the C-4 zoning district would permit on site, such as a General Merchandise Store or Automotive Dealer, are relatively low in comparison. Utilizing that same comparative analysis against the proposed residential development (pUDZ-2004-AR- 5967), the proposed hotel use would have a relatively increased effect upon the neighboring properties, compared to the residential use. The hotel with the restaurant component of its operations may affect the neighboring properties in terms of odor and noise. The project is CU-2004-AR-6625 Page 9 of 13 Agenda Item No. 78 March 22, 2005 Page 17 of 126 not expected to impose a negative impact upon the adjoining properties in terms of glare, or economic effects. 4. Compatibility with adjacent properties and other property in the district. Staff analysis finds the project compatible with the neighborhood. The Cocohatchee River Park to the south of the project contains boat launching facilities that are a complement to the 47 slip marina, ship's store and fueling station proposed by the applicant The residential parcel to the north, Cocohatchee Bay PUD, pennits high-rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximwn density of 11 dwelling units per acre. Both of these adjacent residential projects are compatible in terms of height and bulk of the proposed project, although the level of traffic generated by the hotel use may pose a conflict with the adjoining residential uses with more daily travel trips generated. There is over 450 feet separating the project's parcel boundary and the nearest residential structure (pelican Isle Yacht Club.) Staff is of the opinion, that this distanèe, in addition to the buffering requirements that the LDC will mandate of the project, will ensure that the noise and odor effects generated by the proposed hotel use will be mitigated. EAC RECOMMENDATION: This petition appeared before the Environmental Action Council at the February 2,2005 hearing. The EAC forwarded the petition to the BCC with a recommendation of approval. The motion passed with a vote of 5 to 2. The EAC staff report is attached as Exhibit "A". CONDITION DISCUSSION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are addressed below: Condition #1 allows staff limited discretion to recognize and provide administrative relief for minor differences in site design, while prohibiting any intensification of the use. Condition #2 mandates that the percentage of common usage and support areas for the project does not fall below the threshold established for a Destination Resort Hotel. Condition #3 pertains to the Transportation Division's demands for ingress/egress to be provided for the Cocohatchee River Park patrons at the signal controlled access point of the project at the Vanderbilt Drive/Wiggins Pass Road intersection. Condition #4 requires that all rooms be made available to the general public and not utilized as permanent dwelling units. Condition #5 restricts the building height to 75 feet. Condition #6 requires that five percent of the boat slips available within the marina basin are available to the public to ensure public access to the amenities provided for at the facility. Condition #7 requires a 30-foot easement to be provided to the Parks and Recreation Department to allow for additional parking and redesign of traffic flow associated with Cocohatchee River Park to increase public boating access to the Gulf. Condition #8 relates to the applicant's control ofthe .43 acres of submerged lands contained within the property. Within the application packet, the applicant provided a copy of a lease agreement between the Wiggins Pass Marina Co. Inc, the current owner of the property, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. The above mention lease agreement expired on September 16, 2002. Control of this acreage will affect the end resulting Floor Area Ratio CU-2004-AR-6625 Page 10 c 13 calculation for the project. Agenda Item No. 78 March 22. 2005 Page 18 of 126 NEIGHBORHOOD INFORMATION MEETING: Agents for the applicant held the required NIM on December 8, 2004 at St. John the Evangelist Parish Life Center at 5:30 P.M. Approximately 150 people heard the proposal introduced by agents Bob Mulhere of RWA, Inc. and presented by Richard Yovanivich, Esq., legal consultant for EcoVenture Wiggins Pass, Ltd. The agents stated the following development proposal: 230 hotel rooms; 17,000 sq. ft. of retail, 10,000 sq. ft. restaurant, 10,000 sq. ft. meeting/ballroom space, and 47 boat slips, a yet undetennined number for transient boaters. A maximum building height of75 feet was expressed for the project. Also, charter docking and/or boat shuttle pennits are being sought. The hotel rooms and boat slips will be for sale, but there will be a managing company to run the hotel operations. The development would generate approximately 100 new jobs. Area resident, Anita Brown spoke in opposition to the Conditional Use proposal. The meeting concluded with the developer assuring the audience that either proposal would be an asset to the area and he received a round of applause from many in the audience. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2004-AR-6625 to the Board of Zoning Appeals, subject to the following conditions: 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04-41. 2. The project will have no less than twenty-five percent of the gross floor area devoted to common usage and support areas. 3. The project will provide vehicular and pedestrian inter-connection with the Cocohatchee River Park to the south to allow the park's patrons the ability to access the site and allow for the utilization of the traffic signal located at the Wiggins Pass RoadN anderbilt Drive intersection. 4. All hotel rooms associated with the project must remain available for public consumption on a year round basis. 5. The project shall be restricted to a maximum building height of75 feet. 6. No less than five percent of the total number of boat slips within the Marina Basin shall be dedicated for the general public consumption. CU-20Q4-AR-6625 Page 11 fA 13 ""_"""~~~¡;¡¡M'¡¡¡"I¡¡'¡i¡"¡¡_""''';"''"'''''''''··''''''''''···" -- Agenda Item No. 7B March 22, 2005 Page 19 of 126 7. Within 15 days of approval of this Conditional Use by the Board of county Commissioners, the property owner shall dedicate a 30-foot wide easement to the Collier County Parks and Recreation Department. The easement shall be located along the project's southern property line to provide for additional parking and redesign of traffic flow associated with the Cocohatchee River Park. 8. At the time of Site Development Plan, the applicant must provide evidence of control of the .43 acres of submerged land contained within the project ITom the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. CU-2004-AR-6625 Page 12 of 13 Agenda Item No. 78 March 22, 2005 Page 20 of 126 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITI, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the 3-8-05 Board of County Commissioners Meeting Attachments: A. B. C. D. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval GU-20Q4-AR-6625 Page 13 c:A 13 Agenda Item No. 7B March 22, 2005 Page 21 of 126 Item V.C. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF February 2. 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: ApplicantlDeveloper: Engineering Consultant: Environmental Consultant: CU-2004-AR-6625 Wiggins Pass Hotel and Spa Eco Venture Wiggins Pass, LTD. RW A Consulting, Inc. Passarella and Associates, Inc. II. LOCATION: The subject property is the site of the former Wiggins Pass Marina. It is located in the northwest quadrant of the intersection of Wiggins Pass Road and Vanderbilt Drive in Section 17, Township 48 South, Range 25 East. The parcel is approximately 10.45± acres. m. DESCRIPTION OF SURROUNDING PROPERTIES: The surrounding properties contain a mix of residential developments and a public park. The residential parcel to the north, Cocohatchee Bay POO, permits high -rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximum density of 11 dwelling units per acre). North: Undeveloped land within a residentially designated tract; zoned POO (Cocohatchee Bay POO; 1.11 dwelling units per acre) East: Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned POO (Cocohatchee Bay POO; 1.11 dwelling units per acre) South: Cocohatchee River Park (Collier Parks and Recreation); zoned P (public Use) West: Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned POO (Cocohatchee Bay POO; 1.11 dwelling units per acre) Southwest: Pelican Isle Yacht Club; zoned RT (density capped at 11 dwelling units per acre) Southeast: Undeveloped commercial tract of Wiggins Bay POO; zoned POO (4.85 dwelling units per acre) IV. PROJECT DESCRIPTION: - Page 2 of 10 Agenda Item No. 78 March 22, 2005 Page 22 of 126 EAC Meeting The subject site is 10.45 + acres and directly north of the Cocohatchee Bay Park, which includes wet boat slips and a boat launching and fueling facility. The subject property was used for many years as a marina with some 450 dry boat storage spaces, a ship store, a boat seIVice facility, marine fueling facility, and several wet slips. The petitioner seeks a Conditional Use for a Destination Resort Hotel in the Commercial (C-4) zoning district, as provided for in Chapter 2.04.03 of the LDC. Hotels are pennitted in the C-4 zoning district, when the C-4 zoning district is contained within an activity center. The subject site is not located within an activity center and therefore a conditional use application is required of the project. The applicant is proposing a 230-room hotel with customary ancillary uses. These uses include: · + 10,000 square feet of restaurant space; · + 4,000 square feet of loungelbar area; · + 10,000 square feet of meeting and ballroom space · + 17,000 square feet of retail shops and personal service uses such as a spa and salon · + 3.18 acre marina with a maximum of 47 wet slips and a ship store (minimum of three wet-slips reserved for transient boat parking. The project's primary means of ingress and egress is located directly across from the existing tenninus of Wiggins Pass Road, where a traffic signal exists. A secondary means of ingress and egress will be provided at the northern extent of the project. This secondary access point is to be utilized primarily for deliveries and to provide enhanced emergency access. The projects will provide an inter- connection with the Cocohatchee Bay Park to the south to allow the park's patrons the ability to egress the site utilizing the traffic signal. v. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban-Mixed Use District pennits a variety of non-residential uses including hotels/motels consistent by Policy 5.9, 5.10, or 5.11 and related accessory and recreational uses such as restaurants, meeting spaces, retail uses, spas; and, water related uses such as wet slips. The subject site is zoned commercial (C-4) and developed with a marina. This site does not meet the commerciallocational criteria contained in the FLUE. However, FLUE Policy 5.9 provides that properties, which do not confonn to the FLUE but are improved, as detennined through the Zoning Re- Evaluation Program, shall be deemed consistent with the FLUE and identified on the FLUE Map Series as EAC Meeting Agenda Item No. 7B March 22, 2005 Page 23 of 126 Page 3 oft 0 Properties Consistent by Policy. This site is such a property (determined to be "improved property" through the Zoning Re-evaluation Program) and therefore allowed to develop consistent with the C-4 zoning district as requested above. The Urban-Mixed Use District sets forth "any water-dependent and/or water- related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses." "In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (PolicylO.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) Presently developed sites; b) Sites where water-dependant or water-related uses have been previously established; c) Sites where shoreline improvements are in place; d) Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized." The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-related use, the 47 -slip manna. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning and Land Development Review staff as part of their review of the petition in its entirety. Based upon the above analysis, staff concludes that the proposed uses for the site may be deemed consistent with the FLUE. Conservation & Coastal Mana2ement Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all appiicable federal, state, or local water quality standards. The applicant states in the EIS that all flow from a 25-year, 3 day storm will be collected, treated to State Outstanding Florida Waters Standards and will discharge to the existing portion of the improved marina. This project is consistent with Policy 6.1.4 in that an invasive exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. Page 4 of 10 Agenda Item No. 78 March 22. 2005 Page 24 of 126 EAC Meeting The requirement in Policy 6.1.8 to provide an Environmental Impact Statement has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. The SFWMD FLUCCS identifies Code 540 (Bay) onsite as "other surface waters" and COE identifies "Waters of the U.S." and is shown in Figure 2 of the EIS. The proposed marina is for 47 slips. Policy 6.3.1 requires the amount of permitted wet slips for marinas be no more than 18 boat slips per 100 feet of shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds if the vessels leaving the marina stay within the limits of the main channel to the Gulf of Mexico. According to the applicant, the existing shoreline is approximately 305 feet, which would allow 54.9 slips; the applicant is proposing 47 slips, in accordance with this policy. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement. In accordance with Policy 7.1.2, wildlife habitat management plans have been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a multi-story hotel. Policy 7.1.2(3), states, "The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the FFWCC and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife EAC Meeting Agenda Item No. 78 March 22,2005 Page 25 of 126 Page 5 of 10 protection policies and any such change shall be deemed consistent with the Growth Management Plans." Included in the EIS is the USFWS biological opinion dated March 6, 2004 for the originally proposed construction of two 22- story residential towers. The USFWS written biological opinion and their recommendations allows for the multi-story buildings within the secondary zone and allows construction during the nesting season with tenus and conditions and therefore the eagle management plan is consistent with the GMP. The project is consistent with Policy 7.1.4 in that all applicable federal and state pennits regarding protected species will be required at the time of Site Development Plan/Construction Plan submittal. Per Policy 7.2.1, the marina siting criteria was used to determine the appropriate number of docks allowed in order to direct increased boat traffic away from sensitive manatee habitats. A manatee protection plan has been included as part of the EIS. Policy 10.1.1 sets priorities for water-dependant uses in order to protect shorelines where activities will damage or destroy coastal resources. The proposed private marina use falls in the middle of the priorities list. However, the shoreline along the property has already been impacted. Similarly, Policy 10.1.3 lists priorities for water-related uses: Recreational facilities, marine supply/repair facility and residential development, respectively. Consistent with the policy, the proposed plan is providing a private marina and a marine supply facility which are the first and second priorities. Per Policy 10.1.6 regarding new marinas, the applicant has provided vehicular parking, fueling facilities designed to contain spills from on-land and in the water, and accessibility to all public selVices. Specifics will be addressed at the time of site plan submittal. Sewage pump-out facilities will be required at the time of site development plan submittal. This policy also states that dry storage should be encouraged over wet storage. This project proposes only wet storage. Policy 12.1.2 requires that land use amendments in the Category I hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. The proposed commercial hotel/marina development will have no impact on hurricane evacuation times, as no pennanent residential dwelling units are proposed. VI. MAJOR ISSUES: Stormwater Management: Page 6 of 10 Agenda Item No. 78 March 22, 2005 Page 26 of 126 EAC Meeting The subject site lies in an area referred to in the County Drainage Atlas as "Miscellaneous Coastal Basins" because it discharges directly into the Gulf. Since there are no downstream properties, water quantity (discharge) requirements are not a consideration. There are no County stonnwater facilities in the vicinity of the project. Water quality retention must be accounted for in compliance with the requirements and standards of the FDEP and the SFWMD. Environmental: Site Description: The subject site is a lO.45-acre fonner commercial marina. No native habitat is present. Wetlands: The subject site contains 0.43 acres of open water, the shoreline composed of sea wall and boat ramps. The submerged bottom of the bay is composed of soft sediment lacking sea grasses within or immediately adjacent to the project boundary. The applicant proposes to excavate a 3.18-acre marina basin and reconfigure to accommodate 47 wet slips. Preservation Requirements: There is no preservation requirement for the subject property. Listed Species: The project site is developed and does not contain listed species. The West Indian Manatee may occur within waters near the project site. The majority of the site is located within the secondary protection zone of bald eagle nest CQ-019. This nest is located approximately 830 feet northwest of the project site occupied by a pair of eagles that have successfully fledged young during each of the last four consecutive nesting seasons. As part of the biological opinion from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the terminal ends of the bay with 0.82 acres of mangroves. This proposal has been withdrawn by the applicant and is long longer included as part of this plan. VII. RECOMMENDATIONS: c""""';'...."41b.....~·_"o.ø:_*·""""'..""..."',·,,··,·,"^·;''';>',··''·.., EAC Meeting Agenda Item No. 78 March 22, 2005 Page 27 of 126 Page 7 oft 0 Staff recommends approval ofCU-2004-AR-6625 "Wiggins Pass Hotel and Spa" with the following stipulations: Stormwater Manal!'ement: A Surface Water Management Permit or an Environmental Resource Permit must be obtained from SFWMD for this site. SFWMD may defer to FDEP because of the location. Environmental: 1. As part of the biological oplmon from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the tenninal ends of the bay with 0.82 acres of mangroves. Until such time as the biological opinion is modified or written authorization is received from USFWS, this requirement remains as part of the biological opinion and shall be included and shown as part of final site plan approval. 2. Draft restrictions will be in accordance with the Manatee Protection Plan in affect at the time of Site Development Plan/Construction Plan submittal. 3. Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Councilor any successor body. 4. This POO shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services staff for review and approval prior to final Site Plan! Construction Plan approval. 5. Petroleum cleanup at the subject property shall meet the standards as described in 62-770, Florida Administrative Code (F.A.C.). During storage tank: removal and closure, a significant amount of contaminated soil was removed and stockpiled. A discharge report form shall be filed as required by 62-761, F.A.C. and a site assessment initiated as outlined in 62-770, F.A.C. During Phase I & II site assessments provided by the applicant, some sampled areas other than the tank pit area were found to have exceeded state cleanup target levels. A re-sampling shall be required for all contaminants that exceeded soil or groundwater cleanup target levels as defined in 62-777 F .A.C. Results shall be submitted to the Collier County Pollution Control and Prevention Department for their review (attn: Phil Snyderburn). If the re- sampling of these areas confirms that state cleanup target levels are exceeded, a Page 8 of 10 Agenda Item No. 78 March 22, 2005 Page 28 of 126 EAC Meeting site assessment will be required for the areas exceeding the state cleanup target levels in 62-777, F.A.C. in addition to the site assessment already required by 62-770, F.A.C. in the former tank pit area. Remediation scopes will be determined by the site assessment(s) resu1t(s) and conclusion(s). Cleanup shall be required prior to SDP approval. ->.>-------~- EAC Meeting Agenda Item No. 7B March 22, 2005 Page 29 of 126 Page 9 of 10 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUSAN MASON DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPAR1MENT MIKE BOSI, AJ.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Page 10 of 10 Agenda !tem No. 7B March 22, 2005 Page 30 of 126 EAC Meeting REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR, DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR ,.....-. RESOLUTION NO. 05-_ Agenda Item No. 78 March 22, 2005 Page 31 of 126 A RESOLUTION OF TIlE BOARD OF ZONING APPEALS PROVIDING FOR TIlE ESTABLISHMENT A CONDITIONAL USE IN TIlE C-4 ZONING DISTRICT PURSUANT TO CHAPTER 2.04.03 OF TIlE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 13635 VANDERBILT DRIVE, IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on ColJìer County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the publìc; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04-41) which includes a Comprehensive Zoning Ordinance establìshing regulatìons for the zoning of particular geographic dìvisions of the COImty, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a publìc hearing after notice as in said regulations made and provided, and has considered the advisability of a hotel and spa conditional use as provided for in Chapter 2.04.03 of the Comer County Land Development Code in a C-4 Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applìcable matters required by said regulations and in accordance with Chapter 10.08.00 ofthe Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a publìc meeting assembled and the Board having considered all matters presented. NOW, TIlEREFORE, BE IT RESOLVED BY TIlE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Robert 1. Mu1here, AICP, of RW A Consulting Inc., and Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, PA representing Eco Venture Wiggins Pass, Ltc!, with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a hotel and spa conditional use as provided for in Chapter 2.04.03 of the Collier Agenda Item No. 7B March 22, 2005 County Land Development Code in a C-4 Zoning District in accordance with the Page 32 of 126 Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTI-lER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN A TrEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU-2004-AR-6625/MB1sp 2 . . .... . .--.--~"~--_...,,._",--- .. .... ._...-..._~.-.----,_..¥.., ..............- FI!'iiHNG o.F FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2C104-AR-6625 The following facts are found: 1. Chapter 2.04.03.ofthe Land Development Code <mllorized the conditional use. , Granting the conditional use wiJI not adversely atfec! the public interest and will not adversely affect other property or uses in tbe same district or neighborhood because of: A. Consistency with the Land Deve!.opm.ent Code and Growth Management Plan: Yes No B. Ingress and t~grcss to property and proposed smlCturCS thereon wjth particular reference to al1tomotive and pedes1rian safety and convenience, traffic flow a.t1d control, ,md access in case of fire or catastrophe: Adequate h"1gress &. egress Yes No C. Affects neighboring properties in reiation to noise, glare, economic or odor effects: __No affect or ____ Affect mitigated by Affect cannot be mitigated l), Compatibility with adjacent properties and other property in the district: Compatible use v,ithin ::lì5trkt Yes No Based on the above findings, this conditional use shouJd, with stipulations, (Exhibit "D'') (should not) be recommended for approval '. i DATE: ,r:(/\: ., EXHIBIT A Agenda Item No. 78 March 22, 2005 Page 33 of 126 . ---------...- Agenda Item No. 7B March 22, 2005 Page 34 of 126 Exhibit "B" WIGGINS PASS MARINA LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 17. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TIlE SOUTHEAST Y4 OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION) 17, S 00°26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89°16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00°26'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST Y. N 89°16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE Y4 OF THE SE '!.4 OF THE NE '!.4 OF SECTION 17, TOWNSHIP 48 SOUTIl, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856- A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE t.4 OF THE SE Y4 OF THE NE '!.4, THENCE S 00°27'30" E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35" A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE t.4 OF SE '!.4 OF NE '!.4; THENCE N 89°03'18" E ALONG SAID LINE 44.95 FEET TO . THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS. f - ~ I ~ ~ . ! HI nJ ~ .~ ~ ""I'" ~.1 i;r t11 if 41 ..= ~l1J .;C þ.. I _ °Ji >-3 ==1 ::: fhf n "·"r :: ~ r I , 1 I 3~íllil!1 ~d IIJ~ I : I ~II~ f I I III ~ ~ j ~I! I-I ~ ~~ ~ ! I ~I:I I ~ III i 0 ! 1;1 ~ : ;,)1: ~ '1 ~ II) c ;r ~ r<1 ~ 2S z c;') COCOHATCHEt ....y P.u.c. (CONSERVATJòN MfA) öl j! ili.~ !, I.: :r lî~~ I lå I~ "D ë: Þ !" .. :-' ,. p ~II ¡ !H ¡;~I;!ij iPil:¡:i! ~I ~! ~5 i I ~Ii lillllll~ ~!I;I!I@I!~ ~ ~tl Ii ~ i I i1ltiii ~¡J,·I~!!!!I!; ~~ ~ ¡šl !;II~·i~ jl:lil~I~II>~ II I~! il III II! lí~~il.BII ¡ I I;. i ¡ tI :t~ 1;1;; 'I ~li~~'I: ~i ill I i i 1;1 1.I.il~~ IIJI!læil~ R! I 81 ~ I, ~¡lil II ~!.~; ~'!II~ Ii;. I~ ¡ i. 111.~hl ~j;l!ld¡r111 jh j ;1 j~ 'I'¡!il~ i.illlll~il I I! ' ;:! ~!! .!I 1~'I;.IÎS!~1 Î I I ~ ..."._..-._.-~'-~---_._-_. ~ , ~ -- "~ - ---------::--:.-..:.::. ~-- Ilr ~- q 1_- --~- :..-.::: - ~..:~~--;J~~~~-^-- -- --¡at--ï,·-------- <I -~ '1 ..-------- -- - ---r""\ ---- II 3 21 i -3ITl~-i(~--------m3--in - :1-uJ ~ I I_~ _t11 IRK I I ~" liil ¡ § I ...., I :;¡! il ~ ...IP.~ ~ ~ nn~~ ¡IUB ~ n I I ¡; i:UH - · .§ :,,, Ii =11 Ii~ II ';¡¡I! ~ ¡ill · Ii =~~~II I ~nl nBn~ n...~~~ II · I\ '1\ I\ · '1\ . e ~ ~ ~ ~ Iii Conditions of Approval CU-2004-AR-6625 Agenda Item No. 78 March 22, 2005 Page 36 of 126 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04-41. 2. The project shall have no less than twenty-five percent of the gross floor area devoted to common usage and support areas. 3. The project shall provide an inter-connection with the Cocohatchee Bay Park to the south to allow the park's patrons the ability to egress the site utilizing the traffic signal located at the Wiggins Pass Road/V anderbilt Drive intersection. 4. All rooms associated with the project shall remain available for public consumption on a year round basis. 5. The project shall be restricted to a maximum building height of 75 feet. 6. Five percent of the boat slips available within the Marina Basin shall be dedicated for the general public consumption. 7. At the time of Site Development Plan, the applicant shall provide evidence of control of the .43 acres of submerged land contained within the project from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. EXHIBIT "D" ·" Agenda Item No. 78 March 22, 2005 Page 37 of 126 ~:' - ~..'. .. -!!' - ... ,. . .' .; " APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: -CU-2004-AR-6625 PROJECf #2003010035 Planner Assigned: DATE: 10/8/04 MICHAEL BOSI ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s): EcoVenture Wiggins Pass. Ltd.' Applicant's Mailing Address: 601 Bayshore Boulevard. Suite '960 City: Tampa State: FL Zip: 33606 Applicant's Telephone #: (813) 251-4868 Ext. 302 Fax #: (813) 254-5629 Applicant's E-Mail Address:ero@ecolðoupinc.com Näme of Agent #1: Robert J. Mu1h~;. ÂrCPFirm: RWÃ':onsulting. ÎñC.- Agent's Mailing Address: 3050 North Horseshoe Drive. Suite 270 City: Naples State: FL Zip: 34104 Agent's Telephone #: (239) 649-1509 Fax #: (239) 649-7056 Agent's E-Mail Address:rjm@consult-rwa.com Name of Agent #2: Richard D. Yovanovich. Esquire Firm: Goodlette. Coleman & J obnson. Agent's Mailing Address: 4001 Tamiami Trail North. Suite 300 City: Naples State: FL Zip: 34103 Agent's Telephone #: (239) 435-3535 ext 256 Fax #: (239) 435-1218 . Agent's E-Mail Address:ryovanovich@gcjlaw.com ",.--- ,- COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX(941) ~3-6968 1. APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6124/02 --'~'--"--'-'-~" _.._-,~- Agenda Item No. 78 March 22, 2005 Page 38 of 126 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) -. Name of Homeowner Association: Not Apulicable Mailing Address City State _ Zip Name of Master Association: Not Applicable Mailing Address City State Zip Name of Civic Association: North Bav Civic Association Mailing Address: P.O. Box 770273 City: Naples State: FL Zip: 34107-0273 Name of Civic Association: Propertv Owners Association of North Naples Mailing Address: 141 W est Avenue City: Naples State: FL Zip: 34108 Name of Civic Association: Vanderbilt Beach and Bav Association Mailing Address: 9326 Gulfshore Drive City: Naples State: FL Zip: 34108 Name of Civic Association: Vanderbilt Beach PropertY Owners Association Mailing Address: 450 Tradewinds Ave. City: Naples State: FL Zip: 34108 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 the percentage of such interest. (Use additional sheets ifnecessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Wiggins Pass Marina Co., Inc. is owned 100% by: Tree Plateau Co., Inc., a Delaware Corporation 2 APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6/24/02 - 1020 Crosspointe Drive, Suite 106, Naples, FL 34110-0918. Name and Address, and Office Tree Plateau Co.. Inc Agenda Item No. 7B March 22, 2005 Page 39 of 126 Percentage of Stock 100% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address 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. Contract Purchaser Eco Venture Wiggins Pass, Ltd~ 601 Bayshore Boulevard, Suite 960 Tampa, FL 33606 Name(s) of Contract Purchaser Corporate Officers & Stock Holders General Partners Edward R. Oelschlaeger Linda A. Oelschlae2er Christopher E. Oe1schlae2er Total Percentage of Ownership 1. 00 % 51.11 % 31.66 % 16.23% 100% Date of Contract: 02/26/2002 APPUCATION FOR PUBLIC HEARING FOR CONDmONAL USE - '124/02 3 Agenda Item No. 78 March 22, 2005 Page 40 of 126 f. If any contingency clause or contract terms involve additional parties, list all individuals or' officers, if a corporatio~ partnership, or trust. Name and Address g. Date subject property acquired () leased (): Term oflease - yrs./mos. 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 fonn. 3. Detailed Iet!:al descriotion of the orooertv covered bv the aDolication: (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 descriptio~ an engineer's certification or sealed survey may be required. Section: -.lL Township: 48 Range: 25 Lot: N/A Block: N/A Subdivision: N/A Plat Book: N/A Page #: N/A Property Folio I.D.#: 00155960008 Metes & Bounds Description: See Attachment Exhibit "B" 4. Size of Drooertv: +/- 660 ft. X +/-700 ft. = Total Sq. Ft. +/- 460000 Acres 10.45 5. Address/2enerallocation of subiect Drooertv: 13635 Vanderbilt Drive The subiect 1;)ropertv is located on Vanderbilt Drive. at the western terminus ofWig~ Pass Road. 6. Adjacent zonin2 and land use: Zoning Land use N - PUD Cocohatchee Bay PUD (Residential Multi-family PUD) 4 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6114101 S - RT (1 n Agenda Item No. 78 . ... .~22,2005 Public Waters / Pelican Isle Yacht Club (Manna/Club & HI 841 of 126 Condo) - S-p Cocohatchee River County Park E-PUD Cocohatchee Bay PUD (Golf Course Area) w - PUD Cocohatchee Bay PUD (Conservation PUD) Does the owner of the subject property own property contiguous to the subject property? If so, giye complete legal ø,escription of enfue contiguous property. (If space is inadequate, attach on separate page). N/A. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 7. Troe of Conditional Use: This application is requesting conditional use # 10 of the C-4 district for (TYPE OF USE) a 230 room hotel with ancillary uses. including restaurant. meeting st>aces. retail uses. spa. and UP to 47 wet sli~s with ships store. Present Use of the Property: The existinlZ zoning is C-4. The existing uses on the property are as follows: three boat barns with +/- 410 to 450 dry slip boat storage spaces: a ship's store and office for operations/management: a covered pavilion: and a service building for repairs and maintenance. 8 . Evaluation Criteria: Provide a nmative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission' s recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further. satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with· the Collier County Land Development Code· and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): See Exhibit "A" Narrative Statement of Compliance APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE _ 61%4/02 5 '---..-.-...---.-------. -_·_~.h....,_.< Agenda Item No. 78 March 22, 2005 Page 42 of 126 b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: See Exhibit "A" Narrative Statement of Compliance c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: See Exhibit "A" Narrative Statement of Compliance d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: See Exhibit "A" Narrative Statement of Compliance e. Please provide any additional information which you may feel is relevant to this request. . See Exhibit "A" Narrative Statement of Compliance 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 Ðetitions on the subject ÐroÐertv: 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? A petition has been submitted to rezone this pro1>ertv to PUD for mid rise Residential uses & Marina develo1>ment. The scheduling of public hearings are pending review of rezoning auolication. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. . a. . A copy of the pre-application meeting notes; b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8Yz" 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 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], 6 APPLICATION FOR PUBLIC HEAlUNG FOR CONDmONAL USE - 6/14101 Agenda Item No. 78 " '" March 22, 2005 · locations ofsohd waste (refuse) contaIners a:iJ.d ServIce function areas, Page 43 of 126 · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an ElS 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. . e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waiYe~ at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre:application meeting, including but not limited to any required state or federal permits. APPLlCA '"ON FOR PUBLIC HEARING FOR CONDmONAL USE _ 6124102 7 . ,. - ~"'"'.'-"""---~_..._..- STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USERE Agenda Item No. 7B rch 22, 2005 e44of126 1. NAME OF APPLICANT: EcoVenture Wiggins Pass, Ltd. 2. MAILING ADDRESS: 601 Bayshore Boulevard, Suite 960 CITY: Tampa STATE: Florida ZIP: 33606 3. ADDRESS OF SUBJECT PROPERTY: 13635 Vanderbilt Drive, Naples, Florida 4. LEGAL DESCRIPTION: Section: ..lL Township: 48 Range: 25 Lot: N/A Block: N/A SubdiVision: N/A Plat Boo~: N/A Page #: N/A Property Folio I.D.#: 00155960008 Metes & Bounds Description: See Attachment Exhibit "B" 5 . TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM f81 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEYnCSYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM !Zl b. CITY UTILITY SYSTEM 0 c. FRANCmSED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 7. TOTAL POPULATION TO BE SERVED: 334 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK_4L750 god (28.99 genÙ AVERAGE DAILY _16.700 gpd B. SEWER-PEAK 33.400 god (23.19 gpm) AVERAGE DAILY 13.360 gpd 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: December 2006 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 effluent and sludge disposal. If percolation ponds are to be used., then percolation data and soil involved shall be provided ftom tests prepared and certified by a professional engineer. 8 APPLICATION FOR PtJBLIC HEARING FOR CONDmONAL USE - 6fZ4I01 Agenda Item No. 78 March 22, 2005 . Page 45 of 126 Sewage treatment Drocess will not occur at the "roiect site: sewaee trea1ment will occur at the North Collier County Water Reclamation Facility. Onsite wastewater facilities will include aP1;)ropriately size conveyance and an upgrade of the existine: lift station. located at the Vanderbilt Drive right-of-way and owner and operated by Collier CountY Public Works: A letter of availability fÌ"om Collier County Utilities indicating capacity for the' development of this 'Property will be provided DriO! to SDP aPDroval. 1.1.. 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 an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Only facilities located within the Vandeibilt Drive right-of-way or specifically dedicated County Utilities Easements (CU.E.) such as the lift station and the water meterlbackflow prevention assemblies shall be dedicated to Collier County Utilities. Ownership of the water distribution and wasterwater collection facilities within the proiect area will be retained by the applicant. 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 ttom any provider other than the County, a statement fÌ"om that provider indicating that there is adequate capacity to serve the project shall be provided. There are no other providers of potable water or wastewater services to the subiect property. Utility provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEA1UNG FOR CONDmONAL USE _ 6124/02 9 . ,,- ,'<- -~._.~~"--.---'-.-- CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH PACKET! Agenda Item No. 78 March 22, 2005 Page 46 of 126 APPLICATION REQUIREMENTS #OF NOT COPIES REQUIRED REOUIRED 1. Completed Application 20* 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 20* 5. Conceptual Site Plans (including (1) 8-112 X 11 copy) 20* 6. Environmental Impact Statement - (ElS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 10. Historical & Archaeological Surveyor Waiver 4 Application , 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee = $4000 - Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Board of Commissioners 14. Electronic copy of all documents and plans 1 15. Letter of no objection from the United States Postal 1 Service 16. Other Requirements- " Documents reqœred for Long-Range Planning Review A::. 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 of this petition. ~ / Applicant/Agent Signature 'ù/i' ~/ I ate ' APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE -<4114103 ","""ffi>j;;J!l_"""iI«;..._,«II,;I"",IO""""·"""·"·"''''''"''''·'·' Agenda Item No. 78 March 22, 2005 Page 47 of 126 -" Exhibit" A" Narrative Statement of Compliance Application for Conditional Use for 167 Room Hotel and Ancillary Uses General Description of Proposed Project: The project is intended to consist of a 230room hotel with customary ancillary uses. Customary ancillary uses include: +/_ 10,000 square feet of restaurant space; +/- 4,000square feet oflounge/bar area; +/- 10,000 square feet of meeting and ballroom space; and +/- 17,OOOsquare feet of retail shops and personal service uses such as a spa and salon. The site will include a marina with a maximum of 47 wet slips, and a ships store. Customary recreational uses such asa swimming pool, exèrcise facilities and the like are also intended to be provided." The project is intended to be an upscale destination resort, as defined in the Collier County LDC (Article 6: Definitions) serving both visitors and residents of Collier Co~ty. Definition of a Conditional Use: Section 2.7.4.1 of the LDC describes fines a conditional uses as follows: A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the planning commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. Compliance with the Provisions of the GMP and the Specific LDC Section 2.7.4.4 Conditional Use Findings: Section 2.7.4.4 reads as follows: Before any conditional use shall be recommended for approval to the board of zoning appeals, the planning commission shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner ... In making such a finding, the CCPC is to be guided by the applicant's ability, during a quasi-judicial hearing, to demonstrate that satisfactory provisions and arrangements have been made concerning the following matters: _... ._._---._-------_..'~ Agenda Item No. 78 March 22, 2005 Page 48 of 126 a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Future Lands Use Element (FLUE): The subject property is designated Urban on the County's Future Land Use Map (pLUM). Although the subject property does not meet the FLUE locational criteria for commercial zoning, it was exempted 1Ì'om the County's Zoning Reevaluation Ordinance (ZRO) provision since it is improved property. AB such, the property is deemed consistent with the Comprehensive Plan, and may be redeveloped with any and all C-4 permitted uses or may submit an application for any and all C-4 conditional uses. Transportation Element & Concurrency Management: According to the 2003 Annual Update and Inventories Report (AUIR) on public facilities, Vanderbilt Drive is operating at LOS "C", and is not deficient. The established minimum LOS standard is "D". Since the road is currently operating at 73% of its design volume standard ratio, and the project will not result in a roadway deficiency, this project will not result in a negative impact in terms of traffic flow and control. Moreover, the project is consistent with the applicable provisions of the Transportation Element and the County's Concurrency Management program. According to the TIS for this project, prepared by David Plummer & Associates, the project generated traffic will not result in a significant impact to the smrounding road network. The impacts of the proposed project are further minimized by the fact that the trips generated by the project will replace trips that were already on the road and generated by the previously existing marina, which will no longer be in operation.. These trips generation amounts will not result in the roadway becoming deficient. Compliance wit~ Land Development Code (LDC): As to compliance with the provisions of the LDC, at the outset it should be understood that hotels are generally a permitted use in the C-4 district, and are only conditional uses when located outside of an activity center. The subject site is not located within an activity center, however, the subject site is located at the intersection of two collector roadways. The intersection is controned by a traffic signal. Moreover, the site does have 1Ì'ontage (about 90 feet) on the Gulf of Mexico, making the location appropriate for a water dependant use such as a marina and for a water related use such as a Resort Hotel (with marina). All other applicable provisions of the LDC, including but not limited to, architectural design, parking, landscaping, water management, opens space, signage and so on, will be adhered to during the Site Development Review process. 2 Agenda Item No. 78 March 22, 2005 Page 49 of 126 b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fIre or catastrophe: The primary means of ingress and egress is located directly across from the existing terminus of Wiggins Pass Road. Since there is a traffic light at this intersection, the safest possible condition for ingress and egress exists, under both normal and emergency conditions. The internal traffic flow has been designed to ensure automotive and pedestrian safety. Sidewalks have been located throughout the project and at its perimeter adjacent to Vanderbilt Drive, in order to safely allow pedestrians to traverse the project, particularly in those locations where pedestrian and automotive traffic ·interact. A secondary means of ingress and egress is provided at the northern extent of the project, to be utilized primary for deliveries and to provide enhanced emergency access. c. Describe the effect the condiôonal use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed use will have no greater impact on adjacent properties than would many other permitted uses in the C-4 zoning district. Many of the permitted uses in the C-4 district result in impacts similar to those that can be expected from the proposed hotel and ancillary uses. Such uses include: · Amusements and recreation services, indoor (SIC Code groups 7911- 7941, 7991-7993, 7997, 7999). Specifically these SIC codes include: dance Studios, schools, halls; bowling centers; professional sports clubs, including arenas; physical fitness facilities; coin-operated amusement devises; memberships sports and recreation clubs, billiard parlors, and boat rentals. · Automotive dealers, gas stations, car washes, automotive repair, (SIC Code Groups 5511, 5531, 5541, 5571, 5599, 7514, 7515, 7521). Specifically these SIC codes include: new and used motor vehicle dealers; auto and home supply stores; boat dealers; motor cycle dealers; car rental and leasing; and automobile parking. · Building materials, hardware and garden supply stores (SIC Code Groups 5231-5261). Specifically these SIC codes include: paint, glass, wallpaper stores; hardware stores; retail nurseries. · Business Services (SIC Code Groups 7311.7352, 7359 (limited), 7381- 7389 (limited). Specifically these SIC codes include: advertising agencies; collection s and credit reporting services; printing and photocopying services; pest control; and other miscellaneous business servIces. - 3 '_.">---~- Agenda Item No. 78 March 22, 2005 Page 50 of 126 . Eating and Drinking Establishments (SIC Code Groups 5812, 5813). Specifically these SIC codes include all forms of restaurants and barsllounges. . Health services (SIC Code Groups 8051-8059, 8062-8069, 8072 and 8092-8099). Specifically these SIC codes include: skilled nursing and other, care facilities; hospitals; including psychiatric and specialty hospitals; dental labs; and dialysis centers and other outpatient facilities. . Marina (SIC Code Groups 4493, 4499). . Miscellaneous retail (SIC Code Groups 5912-5963, 5992-5999). Specifically these SIC codes include: drug, liquor, sporting goods, bicycle, book, jewelry, hobby and game, camera, gift, novelty, luggage and various other miscellaneous retail stores · Motion Picture theaters (SIC Code Group 7832) · Public or private parks · Personal Services; Real Estate Services; Socžal Services, except soup kitchens and homeless shelters; and vocational schools (SIC code Groups 6512, 7215, 7217, 7219, 7261, 7291-7299, 8322-8399, 8243-8299). Specifically these SIC codes include: non-residential property management; Laundromats; carpet cleaning; dry cleaners; funeral homes ( excluding crematories); accountants, tax services, and other miscellaneous personal services; family and social services; child care; residential care; business schools, vocational schools, and other miscellaneous types of schools and educational services Again, when one considers the proposed "conditionally" permitted hotel use, as compared with so many of the other uses permitted by right, it is clear that the proposed hotel use, with ancillary eating and drinking establishments, retail shops and meeting space, will have no greater impact to neighboring properties than m~m.y of the permitted uses (or combinations of permitted uses) in terms of noise, glare, or odor impacts. Moreover, the property will have no residential neighbors to the west and east, and to the south, the site abuts the Cocohatchee Park and the Pelican Isle Yacht Club and midOrise residential buildings. To the north., the adjacent Cocohatchee Bay PUD site allows for several high-rise buildings up to 22 stories in height. More than adequate buffer will be provide on-site and on the adjacent developments to effectively buffer those uses form the proposed hotel. . 4 ,- Agenda Item No". 7B March 22, 2005 Page 51 of 126 North - Zonine Cocohatchee Bay PUD Land Use . Approved for 590 Dwelling units. including five high rise towers (up to 22 stories) on that portion of PUD directly north and west of subject parcel. South - RT Public Watersl Pelican Isle Yacht Club residential high rise/marina development with II-story bui1~gs. Cocohatchee Bay Park with Tot Lot. Boat Slips and Boat Ramp! East - Cocohatchee Bay PUD Across Vanderbilt Drive. I8-hole golf course pennitted by PUD. To the southeast, across Wiggins Pass Road is the Wiggins Bay PUD which includes a number of mid- and high- rise residential condominiums. as well as a sma1.l commercial. 'tract at the southeast comer of Wiggins Pass Road and Vanderbilt Drive. West - Cocohatchee Bay PUD Portion of PUD to west of subject property is designated Conservation. Potential impacts such as noise. traffic, odors and so on. will be addressed by site design and by application of the LDC development standards. particularly in terms of required buffers and landscaping. When one considers other allowable uses within the C-4 district. the subject property's location on the Gulf of Mexico. and Naples and Collier County's reputation as a premier resort destination, an upscale destination resort hotel with waterfront marina and fine dining and shopping opportunities (all of which will be open and accessible to the general public) makes sense and is appropriate. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The subject site is 10.45 acres +/- in size. The site is directly north of the County's Cocohatchee Bay Park (which includes wet boat slips and a boat launching and fueling facility). The subject property was used for many years as a marina with some 450 dry boat storage spaces. a ships store and boat service 5 .-.-...-......- Agenda Item No. 7B March 22, 2005 Page 52 of 126 facility, a marine fueling facility, and se-yeral wet slips. The property is zoned C- 4, and has been zoned such for more that 20 years. Long before the surroundIDg residential developments were approved. The proposal is to develop an upscale destination resort hotel with a 47 -slip marina, and ancillary dining facilities, resort shops, and meeting space. The hotel and its ancillary uses will be open and accessible to the public. When one considers the list of allowable uses in the C-4 district, it is obvious that an upscale destination resort hotel and marina is far more compatible with surrounding development that many of the other permitted uses. The surrounding lands uses predominantly include upscale high-rise residential condominiums, as wen as golf course, County park, and a small retail/office commercial tract within the Wiggins Pass PUD· The LDC provides for a 0.8 Floor Area Ratio (FAR) for Destination Resort Hotels. Based upon the 10.45 acre site, the allowable FAR fro the site is calculated to be 364, 161 square feet, excluding the under building parking areas. The maximum building height is 75 feet measured from the required PEma Elevation to the midpoint of the roof eaves. Given these development parameters, and the required and provided buffers, open space, and architectural design features, the proposed HotellMarina use is compatible with surrounding land uses. e. Please provide any additional information which you may feel is relevant to this request. As previously stated, the proposed destination resort hotel/marina use is far more compatible with surrounding land uses than many other C-4 uses that are permitted by right. In fact, the hotel use was permitted by right in the C-4 district for many years. A few years ago, the district was amended to make hotels which are not located within a designated Activity Center, a conditional use. Given the definition of a conditional use - a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled ås to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare...- it is assumed that this change was made because there was a concern. that a hotel use may not be appropriate in all C-4 zoned properties which are not located within a designated Activity Center. It can also be assumed then, that in some C-4 zoned locations which are not within a designated activity center, a hotel is an appropriate use. Certainly that is the case with the subject property, for the following reasons: 1) The property has frontage on the Gulf of Mexico (through Cocohatchee Bay). This attribute makes the subject property unique in terms of C-4 zoned property (not located within an activity center) in that access to the Gulf of Mexico greatly enhances the site's viability for a v~ high quality destination resort hotel. In fact, the Collier County LDC definition of a 6 Agenda Item No. 7B March 22, 2005 Page 53 of 126 ,..- Destination Resort Hotel, "direct Access to the Gulf of Mexico" is listed as a key attribute. 2) The property has sufficient size to accommodate the intended uses, and still provide for buffers and landscaping that will exceed code requirements. 3) The hotel and all ancillary uses will be designed to be architecturally compatible with surrounding high and mid-rise residential development. Any potential impacts will be mitigated by LDC buffer and landscaping requirements. The surrounding roadways can accommodate the projected traffic volumes generated by the project,.and the project has been designed so as to minimize those impacts with access location, turn lanes and the like. In summary, values of surrounding lands will be enhanced by this development. 4) The hotel will have a huge positive impact on Collier County's economy, resulting in: a) significant tax revenues on an ongoing basis, including property and tourist taxes; b) hundreds of new jobs; and, c) significant revenues to other small business such as restaurants, retail shops and· the like from expenditures by hotel guests. All of this will occur with a development that will be compatible with surrounding lands uses and which Will enhance property values in the area. 7 .. ------ ---.---- Agenda Item No. 7B March 22, 2005 Page 54 of 126 Exhibit "B" LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST '14 OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00°26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDMSION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; . THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89°16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00°26'00" W 30.00 FEET TO THE NORTIl LINE OF THE SOUTHEAST '14 OF SAID SECTION 17; . THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST Y4 N 89"16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE 14 OF THE SE 14 OF THE NE '14 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE Y4 OF THE SE Y4 OF THE NE Y4, THENCE S 00°27'30" E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCA VED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35" A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE '14 OF SE 14 OF NE '14; THENCE N 89°03' 18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS. 1<..b:S U tlMH 1 AL CU-2004-AR-6625 Agenda Item No. 78 PROJECT#2003010035 March 22, 2005 Page 55 of 126 DATE: 1/4/05 MIKE BOSI Exhibit "A" Narrative Statement of Complfáñè'é" ..~ . T Application for Conditional Use for 230 Room Hotel and Ancillary Uses General Description of Proposed Project: The project is intended to consist of a 230 - room hotel with customary ancillary uses. Customary ancillary uses include: +/- 10,000 square feet of restaurant space; +/- 4,000 square feet of loungelbar area; +/- 10,000 square feet of meeting and ballroom space; and +/- 17,000 square feet of retail shops and personal service uses such as a spa and salon. The site will include a marina with a maximum of 47 wet slips, and a ships store. Customary recreational uses such as a swimming pool, exercise facilities and the like are also intended to be provided. The project is intended to be an upscale destination resort, as defined in the Collier CoUnty LDC (Article 6: Definitions) serving both visitors and residents of Collier County. DeÏmition of a Conditional Use: Section 2.7.4.1 of the LDC descn'bes and defines a conditional uses as follows: A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or, relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if speèific provision for such conditional we is made in this zoning code. All petitions for conditional uses shall be considered first by the planning commission in the manner herein set out. Decisions regqrding conditional uses shall be quasijudicial in nature. Compliance with the Provisions of the GMP and the Specific LDC Section 2.7.4.4 Conditional Use Findings: Section 2.7.4.4 reads as follows: Before any conditional use shall be recommended for approval to the board of zoning appeals, the planning commission shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner ... In making such a finding, -the CCPC is to be guided by the applicant's ability, during a quasi-judicial hearing, to demonstrate that satisfactory provisions and arrangements have been made concerning the following matters: . .--.--..----.----.^-..--<-. Agenda Item No. 78 March 22, 2005 Page 56 of 126 a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Future Lands Use Element (FLUEt The subject property is designated Urban on the County's Future Land Use Map (FLUM). Although the subject property does not meet the FLUE locational criteria for commercial zoning, it was exempted from the County' s Zoning Reevaluation Ordinance (ZRO) provision since it is improved property. As such, the property is deemed consistent with the Comprehensive Plan, and may be redeveloped with any and all C-4 permitted uses or may submit an application for any and all C-4 conditional uses. Transportation Element & Concurrency Management: According to the 2003 Annual Update and Inventories Report (AUIR) on public facilities, Vanderbilt Drive is operating at LOS "C", and is not deficient. The established minimum LOS standard is "D". Since the road is currently operating at 73% of its design volume standard ratio, and the project will not result in a roadway deficiency, this project will not result in a negative impact in terms of traffic flow and control. Moreover, the project is consistent with the applicable provisions of the Transportation Element and the County's Concurrency Management program. According to the TIS for this project, prepared by David plummer & Associates, the project generated traffic will not result in a significant impact to the surrounding road network. The impacts of the proposed project are further minimi?:ed by the fact that the trips generated by the project will replace trips that were already on the road and generated by the previously existing marina. which will no longer be in operation.. These trips generation amounts will not result.in the roadway becoming deficient. Compliance with Land Development Code (LDC): As to compliance with -the provisions of the WC, at the outset it should be understood that hotels are generally a permitted use in the C-4 district, and are only conditional uses when located outside of an activity center. The subject site is not located within an activity center; however, the subject site is located at the intersection of two collector roadways. The intersection is controlled by a traffic signal. Moreover, the site does have frontage (about 90 feet) o~ the Gulf of Mexico, making the location appropriate for a water dependant use such as a marina and for a water related use such as a Resort Hotel (with marina). All other applicable provisions of the LDC, including but not limited to, architectural design. parking, landscaping, water management, open space, signage and so on, will be adhered to during the Site Development Review process. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and 2 Agenda Item No. 78 March 22, 2005 Page 57 of 126 pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The primary means of ingress and egress is located directly across from the existing terminus of Wiggins Pass Road. Since there is a traffic light at this intersection, the safest possible condition for ingress and egress exists, under both ilonnal and emergency conditions. The internal traffic flow has been designed to ensure automotive and pedestrian safety. Sidewalks have been located throughout the project and at its perimeter adjacent to Vanderbilt Drive, in order to safely allow pedestrians to traverse the project, particularly in those locations where pedestrian and automotive traffic interact. A secondary means of ingress and egress is provided at the northern extent of the project, to be utilized primarily for deliveries and to provide enhanced emergency access. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed use will have no greater impact on adjacent properties than would many other permitted uses in the C-4 zoning district. Many of the permitted uses in the C-4 district result in impacts similar to those that can be expected from the proposed hotel and ancillary uses. Such uses include: · Amusements and recreation services, indoor (SIC Code groups 7911- 7941, 7991-7993, 7997, 7999). Specifically these SIC codes include: dance Studios, schools, halls; bowling centers; professional sports clubs, including arenas; physical fitness facilities; coin-operated amusement devises; memberships sports and recreation clubs, billiard parlors, and boat rentals. · Automotive dealers, gas stations, car washes, automotive repair, (SIC Code Groups 5511, 5531, 5541, 5571, 5599, 7514,7515, 7521). Specifically these SIC codes include: new and used motor vehicle dealers; auto and home supply stores; boà.t dealers; motor cycle dealers; car rental and leasing; and automobile parking. . · Building materials. hardware and garden supply stores (SIC Code Groups 5231-5261). Specifically these SIC codes include: paint, glass, wallpaper stores; hardware stores; retail nurseries. · Business Services (SIC Code Groups 7311-7352, 7359 (limited), 7381- 7389 (limited»). Specifically these SIC codes include: advertising agencies; collection s and credit reporting services; printing and photocopying services; pest control; and other miscellaneous business services. 3 ~. -·-·"-__·_~·~_.n_.__~_"_ Agenda Item No. 78 March 22, 2005 Page 58 of 126 . Eating and Drinking Establishments (SIC Code Groups 5812, 5813). Specifically these SIC codes include all forms of restaurants and bars/lounges. . Health services (SIC Code Groups 8051-8059, 8062-8069, 8072 and 8092-8099). Specifically these SIC .codes include: skilled n~ing and other, care facilities; hospitals; including psychiatric and specialty hospitals; dental labs; and dialysis centers and other outpatient facilities. . Marina (SIC Code Groups 4493, 4499). . Miscellaneous retail (SIC Code Groups 5912-5963, 5992-5999). Specifically these SIC codes include: drug, liquor, sporting goods, bicycle, book, jewelry, hobby and game, camera, gift, novelty, luggage and various other miscellaneous retail stores · Motion Picture theaters (SIC Code Group 7832) · Public or private parks · Personal Services; Real Esta~e Services; Social Services, except soup kitchens and homeless shelters; and vocationtll schools (SIC code Groups 6512, 7215, 7217, 7219, 7261, 7291-7299, 8322-8399, 8243-8299). Specifically these SIC codes include: non-residential property management; Laundromats; carpet cleaning; dry cleaners; funeral homes (excluding crematories); accountants, tax services, and other miscellaneous personal services; family and social services; child care; residential care; business schools, vocational schools, and other miscellaneous types of schools and educational services Again, when one considers the proposed "conditionally" permitted hotel use, as compared with so many of the other uses permitted by right, it is clear that the proposed hotel use, with ancillary eating and drinking establishments, retail shops and meeting space, will have no greater impact to neighboring properties than many ofthepennitted uses (or combinations of permitted uses) in terms of noise, glare, or odor impacts. Moreover, the property will have no residential neighbors to the west and east, and to the south, the site abuts the Cocohatchee Park and the Pelican Isle Yacht Club and midOrise residential buildings. To the north, the adjacent Cocohatchee Bay PUD site allows for several high-rise buildings up to 22 stories in height. More than adequate buffer will be provide on-site and on the adjacent developments to effectively buffer those uses form the proposed hotel. . 4 ~._-_.._- ._--. Agenda Item No. 78 March 22, 2005 Page 59 of 126 North - ZonÎne Cocohatchee Bay PUD Land Use Approved for 590 Dwelling units, including five high rise towers (up to 22 stories) on that portion of PUD directly north and west of subject parcel. South - RT Public Waters/ Pelican Isle Yacht Club residential high rise/marina development with 11 story buildings. Cocohatchee Bay Park with Tot Lot, Boat Slips and Boat Ramp/ East - Cocohatchee Bay PUD Across Vanderbilt Drive, I8-hole golf course permitted by PUD. To the southeast, across Wiggins Pass Road is the Wiggins Bay PUD which includes a number of mid- and high- rise residential condominiums, as well as a small commercial traCt at the southeast comer of Wiggins Pass Road and Vanderbilt Drive. West - Cocohatchee Bay PUD Portion of PUD to west of subject property is designated Conservation. Potential inÌpacts such as noise, traffic, odors and so on, will be addressed by site design and by application of the LDC development standards, particularly in terms of required buffers and landscaping. When one considers other allowable uses within the C-4 district, the subject property's location on the Gulf of Mexico, and Naples and Collier County's reputation as a premier resort destination, an upscale destination resort hotel with waterfront marina and fine dining and shopping opportunities (all of which will be open and accessible to the general public) makes sense and is appropriate. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The subject site is 10.45 acres +/- in size. The site is directly north of the . County's Cocohatchee Bay Park (which includes wet boat slips and a boat launching and fueling facility).. The subject property was used for many years as a marina with some 450 dry boat storage spaces, a ships store and boat service 5 > ~."-'---"'^ ._.........".,-.~,~"."_..,>..,. ,._~"y_.,-" Agenda Item No. 78 March 22. 2005 Page 60 of 126 facility, a marine fueling facility, and several wet slips. The property is zoned C- 4, and has been zoned such for more' that 20 years. Long before the surrounding residential developments were approved. The proposal is to develop an upscale destination resort hotel with a 47-slip marina, and ancillary dining facilities, resort shops, and meeting space. The hotel and its ancillary uses will be open and accessible to the public. When one considers the list of allowable uses in the C-4 district, it is obvious that an upscale destination resort hotel and marina is' far more compatible with surrounding development that many of the other permitted uses. The surrounding lands uses predominantly include upscale high-rise residential condominiums, as well as golf course, County park, and a small retail/office commercia11ract within the Wiggins Pass PUD. The LDC provides for a 0.8 Floor Area Ratio (FAR) for Destination Resort Hotels. Based upon the 10.45 acre site, the allowable FAR fro the site is calculated to be 364, 161 square feet, excluding the under building parking areas. The maximum building height is 75 feet measured from the required FEMA Elevation to the midpoint of the roof eaves. Given these development parameters, and the required and provided buffers, open space, and architectural design features, the proposed Hotel/Marina use is compatible with surrounding land uses. e. Please provide any additional information which you may feel is relevant to this request. As previously stated, the proposed destination resort hotel/marina use is far more compatible with surrounding land uses than many other C-4 uses that are permitted by right. In fact, the hotel use was permitted by right in the C-4 district for many years. A few years ago, the district was amended to make hotels which are not located within a designated Activity Center, a conditional use. Given the definition of a conditional use - a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort. convenience, appearance, or the general welfare ...- it is assumed that this change was made because there was a concern that a hotel use may not be appropriate in all C-4 zoned properties which are not located within a designated Activity Center. It can also be assumed then, that in some C-4 zoned locations which are not within a designated activity center, a hotel is an appropriate use. Certainly that is the case with the subj ect property, for the following reasons: 1) The property has frontage on the Gulf of Mexico (through Cocohatchee Bay). This attribute makes the subject property unique in terms of C-4 zoned property (not located within an activity center) in that access to the Gulf of Mexico greatly enhances the site's viability for a very high quality destination resort hotel. IIi fact, the Collier County LDC definition of a 6 Agenda Item No. 7B March 22, 2005 Page 61 of 126 Destination Resort Hotel, "direct Access to the Gulf of Mexico" is listed as a key attribute. . 2) The property has sufficient size to accommodate the intended uses~ and still provide for buffers and landscaping that will exceed code requirements. 3) The hotel and all ancillary uses will be designed to be architecturally compatible with surrouncling high and mid-rise residential development. Any potential impacts will be mitigated by LDC buffer and landscaping requirements. The surrounding roadways can accommodate the projected traffic volumes generated by the project, and the project has been designed so as to minimize those impacts with access location, turn lanes and the like. In summary, values of surrounding lands will be enhanced by this development. 4) The hotel will have a huge positive impact on Collier Cqunty's economy, resulting in: a) significant tax revenues on an ongoing basis, including property and tourist taxes; b) hundreds of new jobs; and, c) significant revenues to other small business such as restaurants, retail shops and the like from expenditures by hotel guests. All of this will occur with a development that will be compatible with surrounding lands uses and which wiIl enhance' property values in the area. 7 -- (i) Agenda Item No. 78 March 22, 2005 Page 62 of 126 CU-2004-AR-6625 PROJECT #2003010035 DATE: 10/8/04 MICHAEL BOSI AFFIDA VIT WelL £I1Y~rI, , being first duly sworn, depose and say that well am/are the owners of the proper described herein and which is the subject matter of the proposedhearing; 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 We/I further authorize Robert J. Mulhere. AICP. R W A Consultants Inc. and Richard D. Yovanovich. Esquire. Goodlette. Coleman & Johnson. PA to act as our/my representative in any matters regarding this Petition. Signature of Property Owner ~ ¡;:Ì,:fy',,:/ ø~",..... Signature of Property Owner ~~ Typed or Printed Name of er Typed or Printed Name of Owner Theforegoing instrument was acknowledged before me this ?_~ day of A..\ÀÛl~cn\ ,2004, by ç ~~ ~ í)ÙS~!Z-(" who is personally known to me or has produced \ \as identification. State of Florida County of ~\ \\~t"Ç\\+ ~~~~ (Signature of Notary Public - State of Florida) . Or: BomIe K KIr1dIItde \~,) =~.oo:' (print, Type, or Stamp Commissioned Name of Notary Public) t' CU-2004-AR-6625 Agenda Item No. 78" PROJECT #2003010035 March 22, 2005 DATE: 10/8/04 Page 63 of 126 MICHAEL BOSI ',- CONDITIONAL USE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: <¡( -\1- Q ~ Time: q:. ),J Planner: \^.~I(L ì3ð~~ Project Name: C ~,--.\ (0(''':'''''\\\':' \~ð.(...\ Project AddrlLocation: n l3S Vc.",rJ"I.,-, It Applicant Name: 'Bob ,"""..Ihu·, Phone: Firm: Type of Petition: L.l.\.\c.-..£\ VH Current Zoning: (' .l./ Owner Name: Owner Address: Phone: Meeting Attendees: ~, '..\..\..... S'r" "'" \"'. ....._ ÌJ()d {}J.-JN '\I... \\ '1"'\... \\v N\<.k C...."'" Ic......v\Jð. s.\-~.... {r\"....,MLlrk: 'R."b(..~ wì\,\ [ SUBMITTAL REQUIREMENTS: ~ 20 copies of Application, completed o (1 additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) [R] One (1) Addressing Checklist signed by Addressing Dept ~ 20 copies ofPre-applícation meeting notes 521 20 copies of Conceptual Site Plan 24" X 36" plus (one 8 Ya X 11 copy) ~ o Two (2) Copies of Deed(s) Completed Owner! Agent Affidavits, Notarized Four (4) Environmental Impact Statement (EIS), or waiyer. 1 --_......_~---- --~,_._._-~,.,."" -_.~..._- IZI ø 181 o o ~ ~ EZJ '. Agenda Item No. 78 March 22, 2005 Page 64 of 126 Five (5) Aerial Photographs (taken within the previous 12 months) Statement of utility provisions (with all required attachments & sketches) Seven (7) Traffic Impact Statement (TIS), or waiv~r Four (4) Historical and Archeological Survey, or waiver Copies of State and/or Federal Pennits Four (4) Architectural Rendering of Proposed Structure(s) Electonic copy of all documents and plans (CDROM or Diskette) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435-2122. Pre-application Fee $500.00 (to be credited toward application fee if application filed within 9 months of meeting) ~ Fees: $4,000.00* $150.00 $300.00 bZI $681.00 flJ $205.00 0 $1,600.00 OTHER REQUIREMENTS: o o D o Application Fee Fire Code Review Comprehensive Planning Consistency Review Estimated Legal Advertising Fee - CCPC Meeting Estimated LegaJ Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Dailey News). ' EIS Review, if required *$1500.00 if filed in conjunction with a rezone petition NOTES: +f'-t1;1> . II f ). I(J ¿ ......l1ll1..j . 1(-{¡f.../ft v~ptf( ~CA..P ~ AJ€é"t í'b 'SrP/;;b.JAlk- I I -A~f>J& (JA.(.l~ f!¡fiJT ·"l>IZ. /"'í)¿ --z.R> ~"~. ~c. D . Z.7- 2.3.24 2.·7. 2. 3. S- - tJE:lbttJ3ò¿rfð6D ~~DAJ AIIQ..Il}JL:r A:fu() LerTFJ2 ðF lJtn-rf2Efò ~~(1L15 QßÐ>E12JY t51u A. 5Ð2<5 Agent/Owner Signature Date: 2 Agenda Item No. 78 March 22, 2005 Page 65 of 126 RWTÁ~ <I~m~ PnrI- O~S'f .....L. ....=:=øp PRE-APP MEETING REPORT DATE OF MEETING: August 17., 2004 PROJECT: LOCATION: Wiggins Pass Hotel CD CDES ATTENDEES: Fred Reischl Heidi Williams Mike Bosi Keith Scamehom Robert Wiley Russ Muller Linda Bedtelyon Stan Chrzynowski Nick Casalanquida Reoresentin2 RW A: Robert Mulhere . Richard Y ovanovich, Attorney Donald K. Gunn, Client John D' Amelio Bob Mulhere began the meeting by presenting the Preliminary Site Plan. The property is the former - Wiggins Pass Marina site. This plan is an alternative development which is permitted on the site. We are looking to get a conditional use approval for an upscale hotel and marina. This plan would ensure public access to the water. We will be submitting a parking plan and we have already had discussions with Susan Murray and )oe Schmitt. Rich Y ovanovich said that the units will be individually owned but will operate as a hotel. The units will have a galley type kitchen and the average size of the units is 1,000 square feet. He also said that the unit owners will own the boat slips. Bob Mulhere stressed that this is an upscale hotel facility with a meeting facility, spa, concierge d~sk, etc. Bob also said that there will be some transient boat slips. The ship store, restaurant and spa will be open to the public. A new TIS will be submitted. The EIS will be updated and we expect to submit this project in 2-4 weeks. Nick Casalanquida asked about access. Sidewalks will need to be 6 feet on the roadway. Bob Mulhere said the ingress and egress is the same as before and will be lined up with the traffic lights. He also said that there is no longer any interconnectivity with the park and all the things that were on the table with the prior plan will no longer be offered. Russ Muller questioned how the valet parking will operate. He also said that there will have to be enough room for fIre trucks to turn around and you should check with the North Naples Fire Dis1rict. Donald Gunn said that anyone staying at the hotel will have valet parking. Robert WHey asked whose jurisdiction this will be under? District or DEP? Bob Mulhere said probably DEP because of the marina. N:\2002\02-OO1a.04 Wogin. Pot. Ho..1 CU Appli..Iion\OOO2 cu Appli""tion\P",,,",,p mil no'" 8-19-04.<100 . "'._--- _._--'.,~---_." -~------ Agenda Item No. 78 March 22, 2005 Page 66 of 126 Keith Scamehorn asked if we plan to deviate? Bob Mulhere said no, height win be at 75 feet. Linda Bedtelyon asked how many units there will be? Bob Mulhere said between 250 and 280. Fred Reischl asked about the public hearing signage, will there be two signs? Bob Mulhere said there will be two signs, side by side. The target date is February. Mike Bosi said on the conceptual site plan, put down 25% of gross floor area to common use and break down and list the amenities and percentage of floor space. Russ Muller said that there will have to be handicap access from the grade to sidewalks. Bob Mulhere said we wiJI have to work that out. . Mike Bosi suggested that we contact Christine Sanchez of Environmental due to her absence today. There was a discussion regarding where the two items wíll be on the Bee agenda. They will probably be back to back with a time certain, the residential plan first and if it is approved, the hotel CU will be continued. END OF MEETING This report is assumed to be a true and accurate account of this meeting, unless written notification to the contrary is received within ten (10) working days of the date of issue of this report. Submitted By: Valarie Rine, Project Coordinator - Planning N:\2002.I02.oo!8.04 Wigino r_ Hotel CU ApplicationlOOO2 CU ApplicationlPre-o¡>p.... notes 8.!9.04.cloc (i) Agenda Item No. 78 CU March 22, 2005 -2004-AR-6625 Page 67 of 126 PROJECT #2003010035 DATE: 10/8104 MICHAEL BOSI COLLIER COUNTY APPLICATION FOR WAIVER OF mSTORICAND ARCHAEOLOGICAL SURVEY AND ASSESSMENT PROJECT NAME: Wiagins Pass Hotel and Marina DATE: March 5. 2003 LOCATION (COMMON DESCRIPTION): is located on V derbilt Drive . ins Pass Road in Consists of 10.45 acres and is ad'acent to: Cocohatchee Bav POO (Residential Multi-family PUÐ) to the north: Pelican Isle Yacht Club arinaJClub & Hi -Rise Condo and Cocohatchee River Coun Park to the south· ocohatchee Ba POO Gol Course Area area) to the west. SUMMARY OF WAIVER REQUEST: SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATE A. Name ofapplicant(s): EcoVenture WÜu!Íns Pass.Ltd. (Contract Purchaser) Applicant's Mailing Address: 601 Bavshore Boulevard. ,Suite 960 City: Tampa State: FL 'Zip: 33606 302 Fax #:(813) 254-5629 Applicant's Telephone #: (813) 251-4868 Ext. Applicant's E-Mail Address:ero@ecoszroupinc.com B. Name of agent(s) for applicant, if any: Agent #1: Robert J. Mulhere. AlCP Firm: RWA Consultina. Inc. Agent's Mailing Address: 3050 North Horseshoe Drive. Suite 270 City: Naoles State: FL Zip: 34104 Agent's Telephone #: (239) 649-1509 Fax #: (239) 649-7056 Agent's E-Mail Address:rim@consult-rwa.com Page 1 of4 .,--,--_.- · Agenda Item No. 78 March 22, 2005 Page 68 of 126 Name of Agent #2: Richard D. Yovanovich. Esquire Finn: Goodlette. Coleman & Johnson. Agent's Mailing Address: 4001 Tamiami Trail North. Suite 300 City: Naples State: FL Zip: 34103 Agent's Telephone #: (239) 435-3535 ext 256 Fax #: (239) 435-1218 Agent's E-Mail Address:rvovanovich@gcilaw.com Name of owner(s) of property, if diffeTent than applicant: Wi2lZÌns Pass Marina Co. Inc. Mailing Address: 1020 Crosspointe Drive. Naples FL 34110-0918 Phone: ( ) FAX: ( ) Note: If names in anSWeTS to A and/or B are diffeTent than name m C, notarized letter(s) of authorization from property owner(s) (C) must be attached. Response: Con1ract al10ws for EcoVenture Wiggins· Pass Ltd., to seek approvals such as this. Contract and agent letters are attached. SECTION TWO: SUBJECT PROPERTY DATA A. Legal description of subject property, Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books ofCol1ieT County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range Note: Attach copy of the piat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. CollieT County has the right to reject any legal descriptiòn which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. See Exhibit "B" Attached -Legal Description B. Property dimensions Area: 10.45 acres Width along roadway: +/- 700 feet along Vanderbilt Drive. Page 2 of 4 ._~.---~_._-- Agenda Item No. 78 March 22, 2005 Page 69 of 126 , ,......-... C. Proposed Use (or range of uses) of the property: The Droposal is requesting conditional use # 10 of the C-4 district for TYPE OF USE a 167 room hotel with anci11 uses includin a marina basin contain 67 wet sli s. The existin fuelin erations and docks are to remain in lace. D. Present zoning classification: The existimr zoning is C-4 SECTION THREE: W AlVER CRITERIAlWAIVER REQUEST A. Properties located within an area of Historicall Archaeological Probability with low potential for historical/archaeological sites may petition the Community Development and Environmental Services Administrator or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. The Community Development and Environmental Services Administrator or his designee shall review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: 1. Aerial Photograph 2. Historical land use description 3. Description of land cover, land f011Dation and vegetation The Community Development and Environmental· Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the Community Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. B. Waiver Request Justification 1. Interpretation of Aerial Photograph: The· site is for the most part void of anv native ve etation as it has been historicall d is resentl used as a sli boat stora e marina. with fuelinlZ. rental boats. marina store. repair and maintenance facilities and office. 2. Historical Land Use Description: As indicated above. the site has been used as a marina (with pronominallv drv SliD storage for manv vears. 3. Land, cover, formation and vegetation description: In summary, the subject site has been cleared of vegetation and has been in commercial use for many years. It is not within a mapped area of probability, and it is unlikely that the property contains historic or archeological resources. 4. Other: Page 3 of 4 _.~- ----------..- Agenda Item No. 78 March 22, 2005 Page 70 of 126 This provision is to cover instances in which it is obvious that any archaeological or historic resources, which may have existed, has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quatTy. The Community Development and Environmental Services Administrator may seek counsel of the Chainnan of the Historic/ArchaeologicaI Preservation Board when it is not completely evident that the site is without archaeological or historic value. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete infonnation shan be the responsibility of the applicant. B. An information submitted with the application becomes a part of the public record and shaH be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that wil1 fit or conveniently fold to fit into a legal size (8 W' X 14") folder. /0~ ¡tgnature of Applicant or Agent ;t;~. ), ~(~ ~ted Name of Applicant or Agent ......TO BE COMPLETED BY TIlE COMMUNITY DEVELOPMENT SERVICES DMSION ** SECTION FIVE: NOTICE OF DECISION A. The Community Development and Environmental Services Administrator or his designee has made the following detennination: 1. Approved on: 2. 3. Approved with Conditions on: Denied on: (see attachment) (see attachment) Page 4 of 4 Agenda Item No. 78 March 22, 2005 Page 71 of 126 . - Exhibit "B" WIGGINS PASS MARINA LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 17. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST Y. OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00°26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDMSION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89"16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00°26'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST Y. N 89°16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO wrm THE SE Y4 OF THE SE Y4 OF THE NE Y4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856- A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5,1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE Y4 OF THE SE 1/4 OF THE NE Y4, THENCE S 00027'30" E (ASSUMED BEARING)ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADms OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35" A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO THE POINT OF CURV ATIJRE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADms OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORm LINE OF SAID SE Y4 OF SE Y4 OF NE Y4; THENCE N 89°03'18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINlliG 10.45 ACRES MORE OR LESS. Page 5 of 4 .._______._...______..w....__ Agenda Item No. 78 March 22, 2005 Page 72 of 126 WIGGINS PASS RESORT HOTEL AND SPA TRAFFIC IMPACT STATEMENT Project #04631 Prepared by: DAVID PLUMMER & ASSOCIATES, INC. 1531 Hendry Street Fort Myers, Florida 33901 September 7, 2004 .~ Agenda Item No. 78 March 22, 2005 Page 73 of 126 ,,........-.... WIGGINS PASS RESORT HOTEL AND SPA TRAFFIC IMPACT STATEMENT Introduction As shown in Exhibit 1, the Wiggins Pass Resort Hotel and Spa (the Project) is located at the site of the earlier Wiggins Pass Marina and the previously proposed Coconilla PUD. The Project includes a 230-room resort hotel, a marina with 47 wet slips, and ancillary retail, restaurant and meeting facilities. This Traffic Impact Statement (TIS) has been prepared in support of a Conditional Use application for the proposed Resort Hotel and Spa. Accordingly, the TIS was prepared consistent with current Collier County regulations. As agreed previously with the staff during discussions regarding the Updated TIS for the Coconilla POO, this TIS utilizes background traffic projections from the original Coconilla POO TIS dated August 15,2002. As explained below, the background traffic projections used for the Coconilla POO TIS, the Coconilla PUD Updated TIS, and now the Wiggins Pass Resort Hotel and Spa TIS are actually higher than recent traffic counts. Of course, the estimated trip generation, distribution and assignment of trips for this Project reflect the Resort Hotel, not the POO. This TIS provides the following: · proposed access points · proposed development parameters · estimated Project trip generation · estimated Project trip distribution and assignment · traffic projections with the Project · a level of service spreadsheet showing traffic conditions with the Project on road segments in the study area · intersection capacity analysis at the Project entrance · a traffic mitigation plan Protect Access As preferred by the County staff, the main entrance to the Project will be located on Vanderbilt Drive opposite Wiggins Pass Road. A secondary entrance on Vanderbilt Drive will be provided near the northern property line. This will serve as a service entrance and as an emergency entrance when needed. .- 1 IE ~-'------_._----~--. -~------ -- -- Agenda Item No. 7B March 22, 2005 Page 74 of 126 The previous Wiggins Pass Marina had two entrances onto Vanderbilt Drive a short distance north of Wiggins Pass Road. Therefore, the relocation of the main entrance south to line up with Wiggins Pass Road consolidates access at this one location and eliminates the two existing intersections that once served the marina. Proposed Development Parameters The Wiggins Pass Resort Hotel and Spa includes a 230-room resort hotel and a marina with 47 wet slips. There will also be ancillary retail, restaurant and meeting facilities like those normally associated with a resort hotel. The anticipated buildout year for the Resort Hotel is the year 2005. Project Trip Generation. Distribution and Assienment The Project's trip generation was estimated using lTE Trip Generation (Seventh Edition). The trip generation estimates for an average weekday and for the AM and PM peak hours are provided as Exhibits 2a and 2b for the AM and PM peak hours, respectively. The ITEIMICROTRANS worksheets are provided in Appendix A. A summary of the net new external trip generation for the Wiggins Pass Resort Hotel is provided below. . Net New External Trit;> Generation Estimates Time Period Total Enter Exit 1,301 651 650 88 63 25 102 44 58 Daily AM Peak Hour PM Peak Hour The distribution and assignment of Project trips were estimated based on a travel model assignment for the Resort Hotel, using the adopted Collier County travel model. This test travel model assignment indicated that 50% of the trips would travel to/from the east on .Wiggins Pass Road, 26% would travel to/from the north on Vanderbilt Drive, and 24% would travel to/from the south on Vanderbilt Drive. The distribution and assignment of Project trips for the Resort Hotel, which differs significantly from those of the Coconilla POO, were reviewed and approved by the County staff during a meeting on Friday, July 30, 2004. . 2 rB ,. Agenda Item No. 78 March 22, 2005 Page 75 of 126 - 2005 Traffic proiections The year 2005 traffic projections reported in this TIS reflect the estimated trip generation, distribution and assignment of trips for the proposed Wiggins Pass Resort Hotel and Spa. These projections also reflect the relocation of the Project's main entrance to intersect Vanderbilt Drive opposite Wiggins Pass Road. The background traffic projections are the same as reported in the original Coconilla PUD TIS and the Coconilla PUD Updated TIS. Aß agreed previously with the staff during discussions regarding the Updated TIS for the Coconilla PUD, this TIS utilizes background traffic projections from the original Coconilla PUD TIS dated August 15, 200~. As explained below, the background traffic projections used for the Coconilla PUD TIS, the Coconilla PUD Updated TIS, and now the Wiggins Pass Resort Hotel TIS are actually higher than recent traffic counts. It is important to note that the background traffic pr()jections developed for the original Coconilla PUD TIS and utilized for this TIS were based on two components: (1) traffic projections based on historic traffic growth trends; and (b) additional background traffic from the Cocohatchee Bay PUD to the north. This is explained in detail in Section V of the original Coconilla PUD TIS (pages 8-11). Recent traffic counts indicate that the traffic projections based on historic traffic growth trends are higher than recent counts. Exhibit lOin the original Coconilla PUD TIS showed historic traffic counts at two count stations on Vanderbilt Drive from 1990 to 2002 and the continuation of the trend to 2005, based on a linear regression "best fit" line. This exhibit was updated to show the most recent 2003 traffic counts. New Exhibit 3 illustrates that: (1) traffic volumes on Vanderbilt Drive rose temporarily while US 41 was under construction, bv,t returned to historic trends once the construction project was completed; (b) recent 2003 counts are actu~lly below the projected trend based on historic counts; and (c) traffic volumes on Vanderbilt Drive should remain far below the road's capacity well beyond buildout of the Project in 2005. . The development of the Wiggins Pass Resort Hotel will not change this traffic trend on Vanderbilt Drive, because the traffic from the Resort Hotel will replace the traffic that was generated previously by the Wiggins Pass Marina, which was recently closed. A trip generation comparison indicates that the Resort Hotel will generate only 24 more PM peak hour trips than the marina. Therefore, the PM peak hour trips on roads in the area will be slightly higher than if . the marina had remained in operation. The AM and PM peak hour traffic projections are provided in Exhibits 4a and 4b. 2005 Roadwav Se2ment Analvsis Exhibit 5 provides future 2005 traffic conditions on a road segment basis with the proposed Resort Hotel. This table reflects the County's new criteria for significant impact: a Project is considered to have a significant impact on a road segment if its trips consume more than 3% of - 3 @a Agenda Item No. 78 March 22, 2005 Page 76 of 126 the service volume at the adopted LOS standard on the link to which the segment has direct access, 3% on the next adjacent link in all directions, and 5% on all other links. The service volumes from the current Collier County AUIR. were used for Exhibit 5. As shown in Exhibit 5, the Resort Hotel does not have a significant impact on any of the road segments in the study area. Also, with one exception, all roads in the vicinity of the Resort Hotel are expected to operate under capacity, or better than the adopted standard. Although Exhibit 5 indicates that the section of US 41 between Wiggins Pass Road and Old 41 may be over capacity in 2005, this section of US 41 should operate at an acceptable level of service, once the diversion of traffic from US 41 to recently-constructed Livingston Road is taken into account. The historic growth trends that were used to project background traffic do not consider this diversion of traffic off of US 41. Also, the service volume in Collier County's AUIR for the two segments of US 41 north of Wiggins Pass Road appears to be very low, considering that there are no traffic lights on the section of US 41 between Old 41 and Bonita Beach Road. As noted in the preceding paragraph, the Proj ect does not have a significant impact on this road segment. 2005 Intersection Analvsis Intersection capacity analysis was performed at the Vanderbilt Drive/Wiggins Pass RoadlResort Hotel Entrance intersection. The HCS worksheets are provided in Appendix B. The HCS analysis indicates that the 2005 levels of service (LOS) at the Vanderbilt DrivelWiggins Pass Road/Resort Hotel Entrance intersection are expected to be LOS "C" during the AM peak hour and LOS "D" during the PM peak hour. The analysis at the V anderbiIt Drive/Wiggins Pass Road/Resort Hotel Entrance intersection assumes that the Project wilI construct a northbound left-turn lane and a southbound right-turn lane into the Project. Although the projected volumes do not exceed the thresholds in the County's Turn Lane Requirements, these turn lanes are desirable because they would improve traffic operations at this intersection. Therefore, it is recommended that they be constructed if at all possible. Traffic M·itieation Plan The Project wilI fully mitigate its traffic impacts through the payment of road impact fees. Under the current Collier County impact fee schedule, the Project wilI contribute approximately $835,000 in road impact fees through buildout of the development, about $750,000 for the hotel rooms and $85,000 for the marina slips. 4 ~ 1- ---- Agenda Item No. 7B March 22, 2005 Page 77 of 126 These funds can be used by the County to make whatever roadway or intersection improvements are found to be necessary in the vicinity of the Project. Consideration should be given to using these funds for improvements at the US 4l/Wiggins Pass Road intersection. 5 ----.' ~ ----- Agenda Item No. 78 , 05 Page 78 of 1 ! I IU~.s. ..-- ~ vi => W. TERRY 5T, BEACH o C:::: ------------ Z ~ (/') (,!) :z 5> ::ï Lee Co. C~~;r- c;:- IMMOKALEE RD. 111th AVE 04631/03A!0904 @E3 WIGGINS PASS RESORT HOTEL AND SPA PROJECT LOCATION 1 Agenda Item No. 7B March 22, 2005 Page 79 of 126 ,PPENDIX 2a WIGGINS PASS RESORT HOTEL AND SPA #04631 ITE TRIP GENERATION (7TH EDmON) aUII DOlJT (2005\' DAILY AND AM PEAK HOUR (1) AM PEAK ADJ. (1) OUT TOTAL FACTOR CAlLY =================:== :s== ======= ====== ==:_=-===_s::c: ===t ..:a==== ==--==== =====.=: =======: ===\ ===== =======: ==: ITE LUC SIZE UNIT TRIP TYPE ADJ. FACTOR IN LAND USE RESORT HOTEL 330 230 Rooms TOTAL 63 25 88 1,301 INTERNAL 2% 1 1 2 (2) 5% 70 (2) EXTERNAL 62 24 86 1,232 PASS-BY 0% Q Q Q (3) 0% Q (3) NET NEW 62 24 86 1,232 GENERAL OFFICE 710 o Sq. Ft. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS·BY 0% Q Q Q (3) 0% Q (3) NET NEW 0 0 0 0 RETAIL 820 o Sq. Ft. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS-BY 0% Q n 1} (3) 0% o (3) NET NEW 0 0 0 0 MARINA 420 47. Slips TOTAL 2 2 4 139 INTERNAL 50% 1 1 2 (2) 50% 70 (2) EXTERNAL 1 1 2 70 PASS-BY 0% Q Q Q (3) 0% o (3) NET NEW 1 1 2 70 TOTAL TOTAL 65 27 92 1,440 INTERNAL 2 2 4 (2) 139 (2) EXTERNAL 63 25 88 1,301 PASS-BY 0 0 o (3) o (3) NET NEW 63 25 88 1,301 Peak Hour Directional SplitlPeak-to-Daily Ratio 71.8% 28.8% 6.79% -- EQOTNOTES' (1) Based on ITE, Trip Generation (7th Edition). The trip generation equations were used for aU uses. when available. (2) Internal trips between the residential (R) and nonresidential (NR) uses. (3) Based on ITE, Trip Generation (7th Edition). ITETGEN-am-23O hotel.WK4 09/0812004 Agenda Item No. 78 March 22, 2005 Page 80 of 126 APPENDIX 2b WIGGINS PASS RESORT HOTEL AND SPA #04631 ITE TRIP GENERATION (7TH EDITION) BUILDOUT (2005)' DAILY AND PM PEAK HOUR LAND USE ITE LUC (1) PM PEAK SIZE UNIT TRIP TYPE ADJ. FACTOR IN ADJ. (1) OUT TOTAL FACTOR DAILY =================== ====: =======: ==== ========== == ===:1==== ===___ ======= ===--==: ===:. ==:: ===== ==: RESORT HOTEL 330 230 Rooms TOTAL 44 58 102 1,301 INTERNAL 4% 2 3 5 (2) 5% 70 (2) EXTERNAL 42 55 97 1,232 PASS-BY 0% Q n Q. (3) 0% Q. (3) NET NEW 42 55 97 1.232 GENERAL OFFICE 710 o Sq. Ft. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS·BY 0% n Ð Ð (3) 0% Q (3) NeT NEW 0 0 0 0 RETAIL 820 o Sq. Ft. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS-BY 0% Q. n Q (3) 0% o (3) NET NEW 0 0 0 0 MARINA 420 47 Slips TOTAL 5 4 9 139 INTERNAL 50% 3 2 5 (2) 50% 70 (2) EXTERNAL 2 2 4 70 PASS-BY 0% Q. Ð .0 (3) 0% o (3) NET NEW 2 2 4 70 TOTAL TOTAL 49 62 111 1.440 INTERNAL 5 4 9 (2) 139 (2) EXTERNAL 44 58 102 1.301 PASS-BY 0 0 o (3) o (3) NET NEW 44 58 102 1.301 Peak Hour Directional SplitlPeak-to-Daily Ratio 43.3% 56.7% 7.80% -- FOOTNOTES' (1) Based on ITE, Trip Generation (7th Edition). The trip generation equations were used for all uses, when available. (2) Internal trips between the residential (R) and nonresidential (NR) uses. (3) Based on ITE, Trip Generation (7th Edition). 0910812004 ITETGEN-pm-230 hotel'wK4 20000 J!l 18000 c ::s 0 16000 0 (.) 14000 iti ... I- 12000 ~ ëã 10000 c CD 8000 m as ... CD 6000 > « ëii 4000 ::s c 2000 c « 0 1988 Source: 1990 - 2001 2002 - 2005 ..--.<> Exhibit 3 Traffic on Vanderbilt Drive . Å Å Å Å Å . . Å . . . . · · Å US 41 under construction e----t 1990 1992 1994 1996 1998 Years 2000 Collier County traffic counts (with no axle factor adjustment) Straight line traffic projections based on historic traffic counts (1990- 2001) -' ....... . .... ........ ..... ......-+- #578 -+- #548 2002 2004 Agenda Item No. 78 March 22. 2005 Page 81 of 126 __ Count stallon II 578 north of 1111h Ave. ____ Count station /I 548 north of Wiggins Pass Road __ 2002 AUIR SeNlee Volume at LOS Standard 2006 Agenda Item No. 7B Page 82 ~f 126 -I ~ ~ UL ~ -=I e; ~ ....!!!... . .lli!.. 2113 r- BONITA BEACH RD. 2L-f ~j~1 N.roS. 1~ ~ 8113 2110 I !II ~I ~ Q: C !:i as ffi c ~ ~ en :J il ~I ã/ å l!L ~ 113 -1L ~ PROJECT -;-TRANCE -=I æl i. 811 ~ ..!!L '~~IL 1IfI ..!E- r- WIGGINS PASS RD. r- 2S 7---1 ~~Iil 20a 380 1!L.J ~II¡I 2115 IL- 20 II Sit 2'- I I § ;t HI it II s Lm.. 1!L ~ijlL -!!!... ~ 48 BLUE BILL AVE. r- 111th AVE. 2110 ilL.! ~~~I 401 1!L. 29 , ~I a NOTE: Updated to show Project entrance opposite Wiggins Pass Road. ~ WIGGINS PASS RESORT HOTEL AND SPA FUTURE (2005) AM PEAK HOUR VOLUMES WITH PROPOSED PROJECT 04631!01A/0804 40 I Agenda Item No. 78 Page 83 of 126 ~\ =\ ~ UL J.EL .d ·19- ...!!!- ~ 288 BONITA BEACH RD. ¡- N.T.S. 1340 2LJ ~=I~r 1377 8!!..- 321 --, ¡\ æ\ ~ 0 !:;j ii5 15 0 ~ ~ en :;) 3\ ¡I II II W!... l!.L. "44 !!- ~ l!!L .3 IlL ..1L ..!!!...- PROJE~ ENTRANCE .=I _\ :L Be 185 ¡- WIGGINS PASS RD. ¡- ~ ì!I~1 2815 44ð 2!LJ ~¡IªI 211 l1li 21 27_ 15 187 --, ~I --, ~I II äl ~I ~I l..lli.. B!- ~IIL ...1!L ..!!.L ... BLUE BILL AVE. r- 111th AVE. 247 ...!!J ~hl~1 4ðO 218 47 --, ~I ~\ NOTE: Updated to show Project entrance opposite Wiggins Pass Road. '@E3 WIGGINS PASS RESORT HOTEL AND SPA FUTURE (2005) PM PEAK HOUR VOLUMES WITH PROPOSED PROJECT 04631/02A/OS04 4b Agenda Item No. 7B March 22. 2005 Page 84 of 126 EXH-. . WlQQßd P'ASI RESORT HOTEL AND SP'A ."J1 PUTUItE (2tOI) TRMPIC CONDIT1ONa DlRECTJONAL P£AK MOUlt. PEAK SEASON TO ('I "1 '01 LOS ....... SId 200' T_ Count (4) - ..... 01·06 BKkøround T_ ROADWAY FROM 2005 151_ (5) B~ T,..n¡c K1DO hak Hr 0 0.... PrtIt. FIIdor 'YoIufM Flldar HE SW ....... PIuI EJdaling CocohMc:he. "'-inIi ""PlI) HE SW ME SW Toto! a~ T.- HE SW ToIoIT_ T.... _HI v..... HE SW ~ PIOjod Sig. (2) -- 0V0d T_ 1- P-'" sv c_ ~ ....... 0 p- o VlC ~ sv 3....3%-:i% HE SW STD HE SW HE sw HE sw HE SW ----- ---- -- ----------------- --- Future 120051 Condfllons with R..ort Hotel BOHrTA lEACH RD. - -Do. OLD D 12000 10.t~% .3217 D.092 1220 D.56 683 537 6 3 3 2 BID 5315 682 53B , 2 162D D 02 D.33 Undo< IJndoo D.08" 0.11% No No _Do. .... 4LD E ....00 10.14'" 29078 0.092 2..... 0.56 150. 1179 3 · 3 · . SO. 1171 15<M 1'" 3 . 1950 0.17 0." U..... .- 0.1e" 0.21% No No wtGGfN8 ""ss RD. -Do. "'41 2LU 0 6513 21.83'" 8'" 0.082 77. 0.56 ... "I 20 ,. 1. n '21 ... .... 37. 22 28 105D 0..412 D." "- Undo, 2.10% 2.75% Ho No 111," AVE. - _Dr 2LU D -037 10.71% 6019 0.092 S5D 0.56 308 242 3 2 1 · 3D6 24t 309 ... 3 . 780 C..., 0.32 Undor Undor 0..15. 0.46'" No No -Do. .... 2LU 0 '''7 11.85" "38 0092 I6D 0.56 4t2 37. · 5 2 · '.D 377 "2 38. 3 3 104D D." 0.37 U_ U_ 025.. 0.33% No No VANDER8I..T DR. - It,........... 2t 0 13.. 18.15% I'" 0.092 91D 0.56 5.0 400 · 5 0 5.0 397 513 0102 . 5 I1SO 0.45 0.35 Undo, Undo . 0.31" 0.40'" No No 11111"-- IfIIIIaDnPMsRlil. 2LU D 130111 1."" 1321-4 0.012 1220 D.56 613 537 '3 10 . 5 679 532 I6D 5<6. 11 .. ..SO 0.00 0.47 lJndw ,...... . 0.92% 1.21" No No -_N. .... ØMcII N. 2L 0 12508 1.11'" 12_ 0092 1180 0.58 65D 510 6 " 5 9 ... 505 - 520 '1 l' 760 0." 0.6e lJndw ....... 1.45" 1_ No No US.. - ....... - Rd. stD D 515119 13."'" 51631 0.09 5300 0.53 2151 2529 '3 '0 12 · 2OSO 2520 2_ 2542 1 '3 17 2170 '.00 0.. Under U..... 0.""" D.""" No No 1__... """ 6lD 0 51 SIt 13.415" 5153. 0.092 5310 0,53 .15. 252'1 · · 3 · 2150 2527 .58 534 5 7 2400 1,19 1.011 Over 0.., D..... 0..... No No "'.., - 6LO D 32767 10.1111 38102 0.012 3320 053 1780 1560 · · 3 · 1759 1551 17'59 1551 0 1 2400 0.73 015 Under 1.- 117, D.021< 0.02% No No -------------- -- --- - ---- ---- FOOTNOTES: (1) EJåsting plus conwnilled number of lanes. (2) SefVice volume at LOS 6tandard for aN facilities In Colier County based on II1e Collier COIJ'1Iy 2003 AUIR and ín I..æ County based on generalized service volumes developed by LCDOT, 2003. (3) LOS standard based on the Collier County 2002 AlIlR. (4) Historic growlh rate based on Collier County (or Lee County) traflic counI3 from 1990 to 2001 (when .vailable), a. shown ín Exhib~ 9. (5) K(1oo) factors and Directional fac10rs from CoØier County AUIR service volume tables. (6) Projected volume does not reftect traffic diversion away from VanclerblJt Drtve due to completion Dr liS 41 aix-laning. (7J Projected volume does not reflect traffic diversion away from liS 41 due 10 new Livingston Road between Immokalee Road and Bonita Beach Road. - LOSOS.Ø4 ~- WIGGINS PASS RESORT HOTEL AND SPA COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT October 2004 Prepared For: Eco Venture Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 (813) 251-4868 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 Agenda Item No. 78 March 22, 2005 Page 85 of 126 Project No. 02EC0763 ------"---- "- Agenda Item No. 78 March 22, 2005 Page 86 of 126 TABLE OF CONTENTS Page Introduction..... ..................................... ,........................................ ........................... .......... ............1 3.8.5.1 Applicant Infonnation........,.......... ....... .............,..., ....... ..... ........... ............................1 3.8.5.2 Mapping and Support Graphics ........... ................. ......... ................... ........ ................ I 3.8.5.3 Project Description and GMP Consistency Determination.......................................8 3.8.5.4 Native Vegetation Preservation... ............ ....................... .................... .... ........... ...... 12 3.8.5.5 Wetlands ..................... ..... ..... ......... .......... .......... .................... .... .......... .............. ......13 3.8.5.6 Surface and Ground Water Management.... ............ .................................. .............. 14 3.8.5.7 Listed Species..................................................................... .................................... I 5 3.8.5.8 Other.................................,...................................... .... .......................................... I 7 References......................... ............ ......... ........... ............. ............ ......... .............................. ............18 Figure 1. Figure 2. Figure 3. Figure 4. ---~-_._..-- Agenda Item No. 78 March 22,2005 Page 87 of 126 LIST OF FIGURES Page Project Location Map............... ..... ........... ....................... ....... ............................. ...2 FLUCFCS and Wetlands Map........,...... ............................ .................. ............ ......4 Soils Map..............................................··.··..·..·..···..·..··..··..·....··..·······..··..········..····5 Impact Map....................... ......................................................,...,.... .............,........7 ii Table I. Table 2. Agenda Item No. 78 March 22, 2005 Page 88 of 126 LIST OF TABLES Page Existing Land Use and Cover Summary................................................................3 Listed Wildlife That Could Potentially Occur on the Wiggins Pass Resort Hotel and Spa Property ............ ............ ........... ....... ....................................15 iii Agenda Item No. 78 March 22, 2005 Page 89 of 126 LIST OF EXHIBITS ~ Exhibit A. Resume.............................. ................... ....... ......... .......................... ...... ..... .... ...... A-I Exhibit B. Aerial with FLUCFCS Overlay ...........................................................................B-l Exhibit C. Topographic Map ............ ............................................. ........................................C-l Exhibit D. Conditional Use Permit Site Plan and Details .................................................... D-l Exhibit E. Bald Eagle Management Plan ..............................................................................E-l Exhibit F. Manatee Protection Plan ................................... ................................................... F-l Exhibit G. Marina Management Plan ................................................................................... 0-1 Exhibit H. Correspondence from the Florida Department of State ...................................... H-l Exhibit I. USFWS Bald Eagle Biological Opinion ............................................................ I-I Exhibit J. USFWS Manatee Biological Opinion...............................·..·............·.................· J-1 Exhibit K. Environmental Site Assessments ........................................................................ K-l IV Agenda Item No. 7B March 22, 2005 Page 90 of 126 INTRODUCTION This report represents the Collier County Envirorunental Impact Statement (ElS) for the Wiggins Pass Resort Hotel and Spa. This EIS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code (October 30, 1991, as amended 2003). 3.8.5.1 APPLICANT INFORMATION A. Responsible owner(s) agent(s) who wrote the EIS and hislher education and job related envžronmental experience. Andrew Woodruff, Passarella and Associates, Inc. Consulting Ecologists. A copy of Mr. Woodruff's resume is enclosed as Exhibit A. B. Owner(s) agent(s) name, address, phone number, and email. Owner: Eco Venture Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 Agents: Robert J. Mulhere, AICP RWA, Inc. 3050 N. Horseshoe Drive Suite 270 Naples, Florida 34104 (239) 649-1509 rjm@consult-rwa.com 3.8.5.2 MAPPING AND SUPPORT GRAPHICS A. General location map. A project location map is provided as Figure 1. B. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Deoartment of Transportation - Florida Land Use Cover and Forms Classification SvstemŒLUCFCS¿ shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided A legendfor each of the FLUCFCS categories found on-site shall be included on the aerial. Agenda Item No. 76 March 22, 2005 age 91 of 126 ~ ........... fA ~ N.T.S. R 25 E oc o ~ as oc w o z ~ I . I I- m. ¡ , "SEC 17, T 485, R 25E i ~ If ~ ....... , 0 I E-t , ~ I t ~ I t M X I I 'I--\. 1. 9 .- v (f :J 16 WIGGINS PASS RD. 15 I fiGURE 1. PASSARELLA and ASSOCIATES. INC. PROJECT LOCATION MAP Consulting Ecologists WIGGINS PASS RESORT HOTEL AND SPA DRAWN BY: CC DAre 4/9/03 2 ~-_._-_.. .,-..,,-- Agenda Item No. 78 March 22, 2005 Page 92 of 126 Vegetation associations and land uses were delineated using 2000 rectified color aerials (1" = 200') and on-site field surveys conducted in July 2002. During the surveys, preliminary lines were drawn on the aerial delineating the different vegetation associations. These delineations were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS), Levels III and IV (Florida Department of Transportation 1999). The FLUCFCS map, shown as Figure 2, was generated using AutoCAD (Version 2004). An aerial photograph with FLUCFCS mapping is enclosed as Exhibit B. Table 1 summarizes the various cover types delineated on-site and their associated acreages, while a brief description of each of the FLUCFCS classifications follows. Table 1. Existing Land Use and Cover Summary 184 540 Marina 10.02 0.43 10.45 95.9 4.1 100.0 Bay TOTAL Marina ŒLUCFCS Code 184) This developed area occupies 10.02± acres or 95.9 percent of the property. This area is the site of an active commercial marina that includes dry storage facilities, maintenance and repair facilities, fueling facilities, and a ship's store. No native habitat is present. Bay ŒLUCFCS Code 540) This open water tidal habitat occupies 0.43± acre or 4.1 percent of the property. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No seagrasses were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. C. Topographic map, and existing drainage patterns if applicable. Where possible elevations within each of FLUCFCS categories shall be provided A topographic map showing upland elevations, bathymetric contours, and existing drainage patterns is enclosed as Exhibit C. D. Soils map at scale consistent with that used for Florida Department o/Transportation _ Florida Land Use Cover and Forms Classification System determinations. A soils map for the property is provided as Figure 3. 3 -, ;CALE: I- . laO' I ~ ~ ! ~ If . i j ! I ~ fA ~ 1-- I I I I I 1------£ 00 400 -- 411 P/L 540 (0.43 Ac.:t) \ \ L~ 540 ------ P/L 184 (10.02 AC.:t) 180 ----- ! ! ~ ~ ~===~ SFWIAD 'OTHER SURFACE '" :::::: WATERS" ANO COE "WATERS ! OF' 'THE U.S: (0.43 þ,c.:!:) I ! I " !' II , _.~ \ I FIGURE ON-SITE FLUCFCS CODE 184 540 ---- DESCRIPTION ACREAGE MARINA 10.02 Ac.:!: BAY O.43Ac.:!: TOTAL 10.45Ac.:!: OFF-SIT1! Pl.UCI'CS COOl! 180 400 411 540 812 814 DIICI'IIP'TION AECREA nONAL MIXED FOREST PINE FLA '!WOODS BAV MANGROve AOAD '" OF TOTAL 95.90/0 4.1% 100.Q'(, Agenda Item No. 78 Page 93 ~f 126 ~ - Q: ~ ~ -.1 - ~ l1..J ~ ~ I I \ \ \ 411 \ \ \ \ \ WIGGINS PASS ROAD 814\ \ 411 \ ~ tiQIES; FWCF'CS UNES ES11IAATED FROIo4 ¡".200' AERIAL PHOTOGIW'HS AND L.OCATIONS APPROXIIAATED. FLUCF'CS PER FLORIDA lAND USE. COVER AND FORIo4S C\.ASSIF1CAl1ON S'fST'E}A (FLUCFCS) (FOOT 1999). OFF-SITE FLUCFCS HAS NOT BEEN GROUNDTR\1T1iED. PROPERiY BOUNDARY PER ~A. INC. DRAWING NO. 02-001S-4S1E.DWG DATED AUGUST 2. 2002. INC. 2. FLUCFCS AND WETLANDS MAP WIGGINS PASS RESORT HOTEL AND SPA PASSARELLA and ASSOCIATES. Consulting Ecologists DRAWN BY: CC DATE: 4/9/03 r1_'-~ Â ~ March 22, 2005 Page 94 of 126 SCALE: '" = 200' PROJECT LOCATION 40 33 35 W I Ii J ~ .. ¡ If .t ~ ! i ~ Soil Unit c-npllon Smtua " ~ 17 BASINGER FINE SAND a NON-HYDRIC .. I 33 URBAN lAND-HOLOPAW-BASlNGER COMPLEX NON-HYDRIC i 35 URBAN lAND-AGUSIITS COMPLEX. ORGANIC NON·HYDRIC :t SUBSTRATUM ! 39 SA 1ELLITE FINE SAND NON-HYDRIC I · · DURBAN AND WULFERT MUCKS. FREQUEN1l Y · 40 ~ FLOODED HYDRIC ~ !! W WA1ER ~ :I i FIGURE 3. SOILS MAP ! ~ WIGGINS PASS RESORT HOTEL AND SPA -; 39 NOTE: SOILS MAP SCANNED FROM NRCS COWER COUNlY SOIL SURVEY. PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: CC DATE: 8/2/02 Agenda Item No. 78 March 22, 2005 Page 95 of 126 E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. The site is fully developed in its current state. The site currently drains to the existing marina basin, the adjacent private property, the Cocohatchee River Park, and the Vanderbilt Drive right-of-way. In the post-development drainage system, all flow from a 2S-year, three-day storm will be collected, treated to the state outstanding Florida waters standards, and discharged to the existing portion of the improved marina. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. A conditional use permit site plan is attached as Exhibit D. The project will be developed in one phase. The marina will be constructed first with the first order of work being a small amount of dredging in the existing basin to remove approximately 400 cubic yards to be placed in a containment area constructed immediately upland of the existing seawall. The approximate limits of dredging are depicted on the impact map attached as Figure 4. Silt curtains will be deployed prior to dredging and will remain in place until all work on the basin is completed. The second order of work will be to excavate the area immediately upland of the seawall to create the new portion of the basin. The existing seawall will be left in place to control suspended particles until excavation of the upland portion of the basin and installation of the new basin seawall is complete. The existing seawall will then be removed connecting the excavated marina with the tributary to the Cocohatchee River. The turbidity curtains installed prior to commencement of the dredging operation will remain in place Wltil the basin connection is complete and turbidity levels within the created basin have subsided. The project is currently within the development services area of Collier County Utilities and consists of a potable water meter and a wastewater lift station within an existing county utility easement. The public components of utility services will not be different in the post- development configuration. Easements are and will be available for public service providers, such as those for electricity, cable television, and telephone. Right-of-way work will generally occur at the beginning of the uplands work to facilitate transport to and from the subject property. Vanderbilt Drive provides access to the project. Vanderbilt Drive is a two-lane road connecting Bonita Beach Road, Wiggins Pass Road, 111 th A venue/Bluebill Avenue, and Vanderbilt Beach Road. U. S. 41 is approximately one mile east of the project. Wiggins Pass Road, which intersects Vanderbilt Drive just south of the project, connects Vanderbilt Drive and U.S. 41. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these - 6 ~ ..-----..."" ~._- -- .__..~ ---- Â ~ SCALE: ,. . 200' P/L ~ 1== ; LIMITS OF EXISTING SEAWALL I ~ J I « II . i .3 ! I I j .. I ~ I ~ I I II ; LEGEND: ~ m P/L II I , I I ¡ I TIDAL WATERS TO BE DREDGED (0.19 Ac.:!:) TIDAL WATERS TO BE FILLED (0.03 Ac.:!:) ; ~ :¡ I FIGURE 4. IMPACT MAP ~ WIGGINS PASS RESORT HOTEL AND SPA , " NOTES: Ayt:/Ilh" 1!t:1" 14u. i'~ March 22, 2005 Page 96 of 126 ] \ , \ I ! i I ~ ~ I- -.J - ~ l1.j ~ ~ WIGGINS PASS ROAD I PROPERTY BOUNDARY AND SITE PLAN PER RWA. INC. DRAWING NO. 9-28-04 WIGGINS PASS BASE PLAN.DWG DATED 9-28-04. PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: D.S. DATE: 5/14/04 Agenda Item No. 78 March 22, 2005 Page 97 of 126 .- sites, as well as public owned conservation lands. conservation acquisition areas, major flow ways and potential wildlife corridors. Please see the Wiggins Pass Resort Hotel and Spa condition use permit plan enclosed as Exhibit D. H. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. The project site is not included within the RLSA or RFMU Districts. 3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION A. Provide an overall description of the project with respect to environmental and water management issues. The project will result in the permanent closure and removal of an existing full service commercial marina and boat storage facility that has been in existence for over 25 years. Redevelopment for hotel and commercial use will occur within areas previously developed and occupied by the commercial marina. The commercial marina included dry storage facilities, maintenance and repair facilities, fueling facilities, and a ship's store. Compared to the current commercial operation, the project is anticipated to result in a reduction of daily noise levels and a reduction in the release of chemicals toxic to fish and wildlife. No native habitat is present on the project site. There will be no loss of native habitat types resulting from project redevelopment. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No seagrasses were observed within or adjacent to the project boundary. A portion of the project site is located within 1,500 feet of bald eagle (Haliaeetus leucocephalus) nest CO-019. The West Indian manatee (Trichechus manatuS) may occm within waters near the project site. The applicant has coordinated with the U.S. Fish and Wildlife Service (USFWS) in preparing a Bald Eagle Management Plan that currently does not exist for the commercial marina. A copy of the Bald Eagle Management Plan is attached as Exhibit E. The management plan will address limitations on construction activities and the use of a USFWS approved observer to monitor eagle behavior, Monitoring will be conducted for the purpose of detecting any potential abnormal behavior of the adult eagle or their chicks that may be elicited in response to development activities within 1,500 feet of the nest tree and to establish a procedure for halting or modifying any disturbance that harms or harasses eagles. The project site is not located in a designated critical habitat for the West Indian (Florida) manatee. There are no seagrass beds located within the project area. The redevelopment of ..-.... 8 -.--.- .._.~--_._- Agenda Item No. 7B March 22, 2005 Page 98 of 126 the existing marina will result in the removal of 450 dry slips and aU access points for additional watercraft. This project will result in 90 percent reduction in the number of boats kept at the project site and a mÆ\Íor reduction in boat traffic originating trom the project site. The project is anticipated to have a net benefit to the West Indian manatee. The applicant will implement the Standard Manatee Construction Protection Precautions. A Manatee Protection Plan prepared by Humiston & Moore Engineers is attached as Exhibit F. Redevelopment of the marina to hotel and commercial use is anticipated to create a net reduction in the generation of both vehicle and boat traffic. Based on vehicle trip generation estimates prepared by David Plummer and Associates, Inc., the existing marina generates more vehicle traffic on a daily basis than the proposed project. Furthermore, the project is anticipated to significantly reduce the amount of boat traffic originating within the secondary protection zone by eliminating 450 dry storage spaces and all access ramps for trailered vessels. The water management system for the proposed residential project will be designed to meet Florida Department of Environmental Protection (FDEP) water quality criteria for discharge to Outstanding Florida Waters resulting in greater water quality treatment than is currently provided by the existing commercial operation. During upland redevelopment, appropriate erosion control mechanisms such as hay bales and silt fences will be used to prevent sediment transport to the water per the State and Federal National Pollution Discharge Elimination System regulations and recommendations. Dredging activities will be separated from adjacent waters by weighted turbidity curtains. Excavation activities within uplands will be separated from adjacent waters by the existing seawall and weighted turbidity curtains. Basin side slopes will be stabilized with rip rap wrapped in filter cloth. Docks will be constructed of foam fiIJed concrete modules and moored in place with concrete piles. No chromated copper arsenate CCCA) treated wood will be used for dock construction other than what is needed to fasten the floating dock modules together and only in locations permanently above water. The project will remove both abandoned and active buried fuel tanks and replace with state- of-the-art, double-lined fuel tanks. The project will be responsible for appropriate remediation of contaminated soils resulting from existing storage tanks. Fueling and pump out facilities will be governed by the conditions in the Marina Management Plan attached as Exhibit G. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. Respons~s to applicable Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan are provided as follows: 9 Agenda Item No. 78 March 22. 2005 Page 99 of 126 ,- OBJECTIVE 1.1: By August 1, 1994. the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified. managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Response Please see response to 3.8.5.3 (A). OBJECTIVE 2.1: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems. Response Please see response to 3.8.5.3 (A). OBJECTIVE 7.1 The county shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study area, for which policies are requ~red to be adopted by November 1, 2002. Response Please see response to 3.8.5.3 (A). OBJECTIVE 9.4: The County shall continue to implement its local storage tank compliance program. Response The project will remove bOth abandoned and active buried fuel tanks and replace with state- of-the-art, double-lined fuel tanks. The project ·will be responsible for appropriate remediation of contaminated soils resulting from existing storage tanks. Fueling and pump out facilities will be governed by the conditions in the Marina Management Plan attached as Exhibit G. 10 .,-~ ,._~- Agenda Item No. 78 March 22, 2005 Page 100 of 126 OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR-SP- 93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. " ResDonse According to the Collier County Manatee Protection Plan (Section 3.2.4. Marina Sitting Criteria), Wiggins Pass Resort Hotel and Spa is located in a preferred marina site based on water depth, native marine habitat, and manatee abundance. The project's water depth is considered to be greater than four feet at Mean Low Water (ML W). The project will have no impact to native marine habitats. The project site is not located in a high manatee use area. Policy 10.4.7 of the Conservation and Coastal Management Element of the Growth Management Plan restricts construction of all structures seaward of the Coastal Construction Control Line (CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in the Collier County Growth Management Plan is that which was established in 1974; is referred to as the Coastal Construction Setback Line by Collier County. Lely Barefoot Beach established a Coastal Development Limit Line (CDLL) and this will be the line for consistency detennination. Staff's review of the subject property found the construction as proposed (with no alterations beyond the county CDLL) to be landward of the CDLL, which makes it consistent with Policy 1004.7. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. ReSDonse Correspondence was received from the Florida Department of the State stating that no archaeological or historical sites are known to be present within the project area. A copy of this correspondence is included as Exhibit H. OBJECTIVE 12.1: The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of28 hours as defined by the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as 11 Agenda Item No. 78 March 22, 2005 Page 101 of 126 - ResDonse The proposed commercial hotel/marina development will have no impact on hurricane evacuation times, as no pennanent residential dwelling units are proposed. In the event of a hurricane, the hotel management will respond to emergency operations recommendations related to evacuation and other relevant matters. 3.8.5.4 NATIVE VEGEATION PRESERVATION A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Please see response to 3.8.5.2 (B). B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating suck_ Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. The site has no native habitat present. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Not applicable. D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed!.. Not applicable. 12 ..-.-..-- Agenda Item No. 78 March 22, 2005 Page 102 of 126 E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these areas are being impacted or preserved Not applicable. 3.8.5.5 WETLANDS A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County~ The subject property contains no FDEP or D.S Army Corps of Engineers wetlands. . The project site contains 0.43± acre of tidal waters identified as Bay (FLUCFCS Code 540) and described as follows: Bay ŒLUCFCS Code 540) This open water, tidal habitat occupies 0.43± acre or 4.1 percent of the property. The shoreline of this area is composed of sea wan and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No seagrasses were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improveslajjècts predevelopment hydro periods. Provide a narrative addressing the anticipated control elevation(s} for the site. There are no wetlands on the project site. C. Indicate the proposed percent of defined wetlands to be impacted and the ejJècts of proposed impact on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized There are no wetlands on the project site. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on 13 ------~-_. . ...- Agenda Item No. 78 March 22, 2005 Page 103 of 126 the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. There are no wetlands on the project site. 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system, and how they will be incorporated in the system or passed around the system, positive outfall availability, wet season water table and dry season water table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water. The site is fully developed in its current state. The site currently drains to the existing marina basin, the adjacent private property, the Cocohatchee River Park, and the Vanderbilt Drive right-of-way. In the post-dev~lopment drainage system, all flow from a 2S-year, three-day storm will be collected, treated to the state outstanding Florida waters standards, and discharged to the existing portion of the improved marina. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post- development conditions considering the proposed land uses and storm water management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five or more acres of wetlands. The analysis shall be performed using methodologies approved by federal and state water quality agencies. The water management system for the proposed hotel and commercial project will be designed to meet FDEP water quality criteria for discharge to Outstanding Florida Waters resulting in greater water quality trèatment than is currently provided by the existing commercial operation. Phase I, II, and ill environmental studies show that the former commercial use produced pollutants including copper, arsenic, and Methyl- Tert-Butyl- Ethanol. The proposed hotel and commercial use will reduce and/or eliminate the activities that caused the pollution and remediate the toxins previously released by the commercial operations. C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-S1) within the project area and provide an analysisfor how the project design avoids the most intensive land uses within the most sensitive WRM-STs. 14 ,.._,_._~-,--~- Agenda Item No. 78 March 22, 2005 Page 104 of 126 Well field Risk Management Special Treatment Overlay Zones (WRM-S1) have not been identified within the project area. 3.8.5.7 LISTED SPECIES A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlifè Conservation Commission and the us. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. The project site is developed and does not provide habitat for listed species. A portion of the project site is located within 1,500 feet of bald eagle nest CO-O 19. The West Indian manatee may occur within waters near the project site. The applicant has developed protection plans for both the bald eagle and West Indian manatee (Exhibits E and F, respectively). B. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Table 2. Listed Wildlife That Could Potentially Occur on the Wiggins Pass Resort Hotel and Spa Property West Indian Manatee FWCC - Florida Fish and Wildlife Conservation Commission USFWS - U.S. Fish and Wildlife Service SSC - Species of Special Concern T - Threatened Bald EalÙe (Haliaeetus leucocephalus) and Brown Pelican CPelecanus occidentalis) Potential foraging habitat for bald eagle and brown pelican include Bay (FLUCFCS Code 540) habitats. West Indian Manatee (Trichechus mantus) Potential habitat for West Indian manatee includes Bay (FLUCFCS Code 540) habitats. 15 Agenda Item No. 78 March 22, 2005 Page 105 of 126 - f' ( The site is currently developed and does not support habitat for listed plant species. Information used in assessing the potential occurrence of these species included personal experience and knowledge of the geographic region. c. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigationfor impacts to listed species. The applicant has coordinated with the USFWS in preparing a Bald Eagle Management Plan that currently does not exist for the commercial marina, as well as a Manatee Protection Plan. A copy of the Bald Eagle Management Plan is attached as Exhibit E. The management plan will address limitations on construction activities and the use of a USFWS approved observer to monitor eagle behavior. Monitoring will be conducted for the purpose of detecting any potential abnormal behavior of the adult eagle or their chicks that may be elicited in response to development activities within 1,500 feet of the nest tree and to establish a procedure for halting or modifying any disturbance that harms or harasses eagles to the extent that ''take'' may occur. A copy of the Manatee Protection Plan is attached as Exhibit F. Within the Manatee Protection Plan, Wiggins Pass signs and markers clearly distinguish channel markers, shallow seagrass beds, manatee zones, and no wake zones. Boater education pamplùets are available on-site, as well as West Indian manatee fact sheets posted as permanent signage. D. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Please see the Bald Eagle Management Plan attached as Exhibit E and the Manatee Protection Plan attached as Exhibit F. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the Us. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns afthese agencies have been met. A copy of the USFWS Biological Opinions prepared for bald eagle and manatee are attached as Exhibit I and J, respectively. The USFWS based these opinions on a site plan that included a residential tower height of22 stories over parking with a 52 wet slip marina. Both building height and number of wet slips on the project site have since been reduced and represent a further minimization of possible effects to listed species. - 16 Agenda Item No. 78 March 22, 2005 Page 106 of 126 3.8.5.8 OTHER A. For multi-slip dockingfacilities with ten slips or more, andfor all marinafacilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. The project is the site of 52 existing wet slips. According to Collier County Manatee Protection Plan (Section 3.2.4. Marina Siting Criteria), Wiggins Pass Resort Hotel and Spa is located in a preferred marina site based on water depth, native marine habitat, and manatee abundance. The project's water depth is considered to be greater than four feet at ML W. The project will have no impact to native marine habitats. The project site is not located in a high manatee use area. B. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. Copies of the Law Engineering and Environmental Services Environmental Site Assessments dated March 20, 2002; April 24, 2002; and July 19, 2002 are attached as Exhibit K. C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district. show how the project is consistent with the development standards and regulations establishedfor the ACSC-ST The project location is not located in the Big Cypress ACSC-ST. D. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Please see response to 3.8.5.8 (B). E. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. There are no known historical or archaeological resources on the project site. The project site is not located in an archaeological sensitive area, and due to the nature of the site location it is unlikely that any historical or archaeological resources will be uncovered. A letter :from the Florida Department of the State is attached as Exhibit H. 17 Agenda Item No. 78 March 22, 2005 Page 107 of 126 REFERENCES , i Florida Department of Transportation. 1999. Florida Land Use, Cover and Fonns Classification System. Procedure No. 550-010-001.a. Third Edition. 18 ~~U.DIV1Jll,..ßgenda Item No. 78 CU-2004-AR-6625c March 22, 2005 PROJECT #20030 f 0~~5 108 of 126 DA TE: 1/4/05 MIKE BaSI Wiggins Pass Resort Hotel and Spa Marina Management Plan INTRODUCTION ECO VENTURE WIGGINS PASS LIMITED is proposing redevelopment of a marina and construction of residential towers at the site currently occupied by the Wiggins Pass Marina. To provide the Department of Environmental Protection reasonable assurances that the redeveloped marina will meet water quality standards, this Marina Management Plan (MMP) is proposed to address the water quality issues associated with operating a recreational marina and fuel facility. The existing facility is a commercial marina and boatyard with approximately 450 dry storage slips, vehicle parking for owners of boats in storage, approximately 52 wet slips primarily used for transients and mooring rental boats, fuel facilities, a ships store, and it provides boat supplies and repairs. There are several environmental benefits associated with the redevelopment of this facility. Foremost, the very nature of the site will be changed from commercial marina and boatyard into a recreational boat basin. Boat traffic in the area will be reduced because all 450 dry storage slips, and 23 wet slips will be eliminated. Related boat maintenance activities will also be discontinued. Additionally, the current site does not have a surface water management plan and storm water runoff from the commercial boatyard, boat storage areas, and parking areas discharges directly into the Cocohatchee River. The redevelopment project has a storm water management plan that will meet water management guidelines for the treatment of surface waters. The boat basin is being expanded to improve mooring facilities, but will have fewer wet slips than the existing marina. All docks will be constructed of modular floating concrete units moored with concrete piles. The facility will not utilize pressure treated wood other than for the wales that are attached to the sides of the concrete floats to fasten the modular units together to form piers. The timber wales are located on the sides of the floats at the upper edge where they remain above the waterline at all times. A three-year water quality monitoring program will be implemented within thirty days of completed construction to evaluate water quality within the basin. A monitoring and compliance element is included in the Management Plan to define the scope of monitoring and procedures for reviewing the results for compliance. An enforcement element is included to provide a clear understanding of the parties responsible for compliance, and to define procedures for implementing corrective measures in the event that Management Plan guidelines are not met. Finally, the Management pjan includes an education element to inform resident boaters, guests, and marina staff of water quality and marina management requirements. ------..--- . Agenda Item No. 78 March 22, 2005 Page 109 of 126 ,- It is the goal of ECO VENTURE WIGGINS PASS LIMITED to achieve Florida Clean Marina Program designation with the State, representing a facility where aesthetics, cleanliness and environmental concerns are the very highest priority. Best Management Practices (BMPs) are proposed activities that assist with maintaining water quality to state standards. The Management Plan is broken down into the following six elements. MONITORING AND COMPLIANCE ECO VENTURE WIGGINS PASS LIMITED will implement a three-year water quality monitoring program under the direction of the Florida DEP. This program will include twice annual testing and shall provide the Department with water quality data to evaluate compliance over the life of the program. Additionally, ECO VENTURE WIGGINS PASS LIMITED shall designate an Environmental Compliance Officer (ECO) who will be responsible for water quality in the marina basin. The ECO shall answer directly to the owner, and shall remain as a permanent operating position as long as the marina is in operation. . The ECO shall be responsible for all documentation and reporting and shall work pro-actively with boat club staff, resident boaters,' and. guests to assure full compliance with the Management Plan, all State, Federal, and local permits, and state water quality criteria. The ECO will be identified to the DEP and will be the point of contact between ECO VENTURE WIGGINS PASS LIMITED arid the DEP. The ECO will take immediate action to maintain compliance with the Management Plan, all State permits and State water quality standards, reporting these actions to the DEP. The criteria for reporting to DEP will be any observable violation of the Marina Management Plan, the DEP permit, or State law or rule. The ECO will provide the DEP an annual summary report of compliance efforts within the marina. The report will include various items such as quantity numbers for oil recycled, batteries disposed of, and general information regarding compliance by boat owners and marina operating staff. This will identify any appropriately changes, which should made in the education program and in the marina operations. ENFORCEMENT Responsibility - It will be the responsibility of ECO VENTURE WIGGINS PASS LIMITED, or successor in title, for maintenance of water quality standards within the marina. It shall be the responsibility of ECO VENTURE WIGGINS PASS LIMITED to identify pollution sources from within the marina that may result in water quality violations and to take appropriate actions to prevent occurrence of pollution from such sources. Notification _ It shall be the ECO's responsibility to monitor all boaters using the marina and overall marina operations on a daily basis. Upon observation of any Agenda Item No. 78 March 22, 2005 Page 110 of 126 noncompliance with the Rules and Regulations of ECO VENTURE WIGG I NS PASS LIMITED, the Management Plan, DEP Permit, or State or local regulations, the ECO shall serve a written or verbal "Caution" statement to the violator, informing him or her of the infraction. A second infraction shall result in a written 'Warning" notice, informing the violator and the boat slip owner of a second infraction. A third infraction may result in a fine, which will include all penalties assessed by the DEP, and any cost of remediation. All Violation Notices shall be documented in the Daily Log, including the reason for the infraction. EDUCATION PROGRAM In order to implement long-term objectives to protect the environment at the ECO VENTURE WIGGINS PASS LIMITED Marina, a series of educational workshops will beheld. This education program will apply to all users of the facility and focus on their role in the long-term health of the marina and surrounding area. Each workshop shall include a review of the Management Plan, discussion of non- compliance issues, and evaluation of changes to the Management Plan as appropriate. This workshop program will include a welcome and orientation session for users of the marina, as well as continuing education for returning and long-term users of the marina. There will be one workshop per year. The program will be designed to educate the marina staff and u$ers on environmental stewardship. The topics to be discussed will include the following: -- An explanation of the consequences of bottom cleaning and zinc replacement in the basin relative to releasing heavy metals into the water. -- Overview the battery recycling program, designated areas for disposal, proper techniques regarding handling of batteries over the water surface and on docks. -- Suggest boat owners not use hard abrasives or chemical treatments. -- An explanation of the value of floating debris collection and recycling efforts. -- Information and instruction on fueling procedures and the long-term impacts of fuel spilling into the. water. -- Explain methods to reduce or eliminate oil content in bilge water. -. Inform boat owners and operators that the cost of spill cleanup will be the responsibility of the individual responsible for the spill. Agenda Item No. 78 March 22, 2005 Page 111 of 126 Provide information regarding proper handling and disposal of used oil products. __ Explain the value of using environmentally friendly cleaning methods and products. __ Demonstrate the proper disposal of hazardous wastes such as paint, old gasoline, left over chemicals, out of date flares and paint chips. __ Discuss compliance concerns, non-compliance trends, and provide refresher discussions on areas of consistent non-compliance. __ Review all elements of the education program and discuss modifications that would make implementation of the Management Plan more effective. Employee Education - Conduct semi-annual workshops for marina employees regarding implementation. compliance, and monitoring under the Management Plan. Tailor the education program to include methods and procedures for executing the BMPs listed in the Management Plan. Include a provision within the employee handbook that requires compliance with the all provisions of the Management Plan. BOAT BASINS MANATEE PROTECTION . The following Best Management Practices are proposed to address secondary and cumulative impacts to manatees. ISSUE: Decreasing the possibility of watercraft interaction with manatees at this location would increase manatee protection. BM? #1: Improve public awareness of manatees by posting "Idle Speed" and "Caution I Manatee Awareness" signs from the marina site out to the Cocohatchee River main channel. TIMEFRAME: Effective upon construction completion. MONITORING: Monitor signage every six months and replace when necessary. ISSUE: Manatee mortality may be reduced by the existence and enforcement of speed protection zones. BM? #2: Implement boater awareness of designated speed zones in Collier County through the Wiggins Pass Resort Hotel and Spa Education Workshop Program. TIMEFRAME: Effective upon construction completion. I- I Agenda Item No. 7B March 22, 2005 Page 112 of 126 MONITORING: Review the Education Workshop for currency every year. ISSUE: Improper boating in shallow waters can damage manatee habitat such as destroying sea grass and creating trenches through seagrass meadows. The loss of sea grass habitat diminishes food supply. BMP #3: Include an element in the Education Workshop discussing the importance of manatee habitat, and how to identify and avoid these areas. Information on manatee awareness, protection, and habitat will be distributed at the annual Education Workshop. TIMEFRAME: Effective upon construction completion. MONITORING: Review the Education Workshop for currency every year. ISSUE: The need for construction personnel to avoid collisions with manatees during construction. BMP #4: Implement the Standard Manatee Protection Construction conditions issued by the State of Florida Fish and Wildlife Conservation Commission (FFWCC), which include instruction of all personnel associated with the project of the presence of manatees and the need to avoid collisions with manatees. All personnel will be advised that manatees are protected under the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972 and the Florida Manatee Sanctuary Act of 1978, and that there are civil and criminal penalties for harming, harassing or killing. TIMEFRAME: Effective immediately. MONITORING: During construction of the project. ISSUE: Increase awareness among boaters using the facility of the presence of manatees in the canal system and waterway, and the need to observe and minimize interference with these animals. . BMP #5: Establish and maintain a permanent educational display at select locations to increase the awareness among boaters using the facility of the presence of manatees. TIME FRAME: Effective immediately. MONITORING: Educational displays are to be maintained for the fife of the marina. BOAT CLEANING: Washing of Boats Agenda Item No, 78 , March 22, 2005 Page 113 of 126 ,-, ISSUE: Hard abrasives, such as steel wool, or similar cleaning pads, may drive chromium treatments into the water column during cleaning of boat bright work. Use of certain soaps, detergents, and cleansers can be detrimental to the environment and degrade water quality. Products used to wash bO(it hulls and decks often contain toxic ingredients such as ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or lye. BMP: All boats should be maintained using the type of cleansers limited to those permitted under local, state and federal regulations. Use fresh water to clean boats after every use, minimizing the use of cleansers. Provide information to boaters regarding use of cleansers and provide recommendations for brand names that are compliant with local, state, and federal regulations. All individuals who clean boats, both professional and owners, will be provided with an educational review sheet regarding environmentally safe techniques and cleansers. TIMEFRAME: Effective immediately upon completion of construction. ,MONITOR: Monitor boat cleaning in the marina basins -daily, and provide noncompliant boaters with updated information from the boater education program. ORGANIC ACCUMULATIONS: Biological Oxygen Demand (BOD) ISSUE: Sea grasses, mangrove leaves, other organic material, and manmade products float into the marina and settle to the bottom. This accumulated detritus decomposes in a process that extracts oxygen from the water, driving dissolved oxygen to lower levels, possibly below state standards. BMP: Collect floating debris from the marina. Organic materials will be deposited in an approved offsite waste containment facility and m.anmade products will be recycled as appropriate. Additionally, the basin is designed with maximum depths which are less than the receiving waterway, and with intertidal areas designed to promote. tidal flow through the basin. The intertidal areas should improve dissolved oxygen levels and water will flow to and from these 'areas under the bottom of the floating docks which will improve vertical mixing within the basin. These characteristics should reduce accumulation of organic detritus and reduce BOD, and virtually eliminate potential stagnate stratification that could contribute to low oxygen levels. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Clean up will be monitored and reported to DEP on' an annual basis. Collect debris on a daily basis during heavy periods of sea grass production in the area. Document approximate amounts of organic and recyclable materials removed and summarize results in the annual report to DEP. The purpose of ,"-, ·-0 ___.__~ __ Agenda Item No. 78 March 22, 2005 Page 114 of 126 quantitative estimates is to determine if alternative solutions are necessary to control debris. PETROLEUM DISTRIBUTION: Dispensing of Fuel ISSUE: Fueling operations result in small spillages of 'gas and diesel when fuel tanks are topped off. Even with automatic shut off dispensers, overflow through the tank vents on boats can result in some spillage into the water. BMP: Marina staff will be certified in fuel spill containment. Staff will be trained to be observant of the fueling operation conducted by the boater. Basic instruction on fueling procedures employed by the marina and the importance of spill control will be verbally provided to each boater fueling at the dock. A sign will be posted at the fuel dock providing information on fueling procedures, emergency action required in case of a spill, and emergency contacts and phone numbers. These instructions will include, but are not limited to, the following precautions: -- The boater will be required to attend to the fuel nozzle at all times to avoid . spillage into the water. - A vent collection device will be used to capture fuel that may escape from the vent. - Surface overflow will be contained by absorbent pads rather than hosing down the overflow fuel into the water. The absorbent pads will be disposed of in a proper disposal container. -- Install a fuel spill kit with absorbent pads and booms in a readily accessible location at the fuel dock for use by boaters. Maintain the container so that it is highly visible, easily accessible, and unlocked. TIME FRAME: Effective upon completion of construction. PETROLEUM: Spill & Recovery Plan ISSUE: Petroleum spills cause pollution, and if not contained, can threaten aquatic plant and animal life in the surrounding waters. BMP: Marina staff will be certified in petroleum spill containment, will be instructed in procedures for proper spill response, and will maintain proper petroleum containment. Precautionary measures, containment equipment, and agencies to notify will include the following: -- Names, location and hours, telephone numbers and radio frequencies of the local responder, USCG, FFWCC, State Warning Point 24 hour, and marina management will be posted on site. ..._- - Agenda Item No. .7B March 22, 2005 Page 115 of 126 __ Marína information including vessel characteristics, waterfront facilities, type and amount of pètroleum stored, a list of spill equipment location and capabilities on site, and local third party cleanup organization will be kept in the Harbor Masters office. --Oil spills on land: Oil spills shall be collected and put into the waste container. Oil residues may be absorbed with "spill-dry" or a similar product and shall be disposed of by a waste transporter permitted to handle such wastes and records must be retained for inspection. --Fuel spills on land: Spilled diesel fuel shall be collected and placed in the waste container. Uncollectible residual amounts may be absorbed. Using "spill- dry" or other petroleum absorbent materials and shall be disposed by of a waste transporter permitted to handle such wastes, and records must be retained for inspection. SpHled gasoline shall be collected and placed in the waste container. Residues remaining on the ground may be absorbed with "spill dry" or absorbent pads, but the absorbent material must be thoroughly aerated before disposing with the regular trash to remove gasoline vapors. --Spills on water: There shall be kept on hand a floating containment boom large enough to enclose the area of surface water where a spill may reasonable occur, but with a minimum length of forty (40) feet. Petroleum absorbent materials shall also be kept available to absorb spills on the surface water. Reporting requirements for fuel spills shall be followed as per State and Federal regulation. PETROLEUM BYPRODUCTS: Bilge Maintenance ISSUE: The operation and maintenance of inboard engines are sources of oil and grease in bilges. Discharged bilge water, with accumulated petroleum products, is a source of pollution in marinas. BMP: Reduce or eliminate oil content in bilge water and monitor discharges. Methods to be employed by marina management will include the following: . __ Educate resident and guest boaters on the importance of maintaining bilge water free of petroleum products. Encourage boaters to conduct periodic inspections of engine components and to repair leaks and eliminate spillage. __ Encourage use of absorbent pads. Make them easily available to all boaters at reasonable costs for use in minimizing oil in the bilge. Use drip pans with absorbent pads while draining oil from the bilge. Keep all engines well tuned; regularly check seals, gaskets, hoses and connections for leaks and drips. Place oil absorbent material or bioremediating bilge booms in the bilge. Agenda Item No. 78 March 22, 2005 Page 116 of 126 TIMEFRAME: Effective immediately upon completion of construction. MONITOR: "Flag" or report observations of petroleum product discharge to the owner of the vessel from which the discharge originated. Require immediate inspection of the bilge by the owner to determine if oil is leaking into the bilge. Provide absorbent pads at reasonable cost to the owner to contain any oil leakage. Provide a secure vessel to transport saturated pads to a suitable upland disposal site. Provide the owner with information from the education program, and inform him or her of the availability of absorbent pads at the ship's store. If the boat owner is absent, containment booms will be placed around the boat and the owner notified of the problem. All clean-up will be at the expense of the boat owner. PETROLEUM PRODUCTS MAINTENANCE PLAN: --Storage tank and fuel system maintenance will be performed according to Collier County Code. UPLAND AREAS STORMWA TER MANAGEMENT: Upland Runoff ISSUE: The existing facilities do not have a stormwater management plan in effect. Currently all stormwater is allowed to run off into marina. BMP #1: Implementation of a stormwater management plan, which will prevent untreated stormwater runoff to reach surface waters. TIMEFRAME: Effective upon completion of construction. MONITOR: Inspect stormwater systems per the approved maintenance schedule to determine if they are working properly. Remove debris and other materials that have accumulated and take any other measures necessary to maintain the stormwater systems proper function. PETROLEUM BYPRODUCTS: Used Oil and Other Petroleum Products ISSUE: Resident boaters conduct limited maintenance of their vessels within their slips; Maintenance, typically changing of engine oils, oil and water separators, repair of injection nozzles and other routine maintenance produces contaminates and used products that require a convenient means of proper disposal. ,--", -----------~- Agenda Item No. 7B March 22, 2005 Page 117of126 BMP: Provide separate, appropriate, and readily accessible disposal containers for petroleum products. Containers must be managed to assure they are not contaminated with a mixture of fuel and oil. All containers storing used oil will be covered and located in an area that has a secondary form of containment, such as a perimeter berm. Maintain proper documentation regarding waste oil disposal . by reporting to the Harbormaster or designee. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily BATTERY MANAGEMENT: Lead Acid, and Rechargeable Batteries ISSUE: Lead acid batteries contain a wet electrolyte sulfuric acid solution, which can spill if the cell caps are removed or missing, if the battery is not properly anchored down, or if the battery case cracks. These batteries also contain several pounds of lead, which, along with the acid electrolyte, may be a contributor to elevated levels of lead in the environment. Smaller, dry cell, nickel-cadmium and sealed lead acid rechargeable batteries, if improperly discarded into the marina basins, may also contribute to degraded water quality. BMP: Educate boaters and marina staff regarding battery recycling and provide for designated, secure areas where batteries that are no longer usable can be stored for recycling. All batteries shall be stored on an impervious surface such as concrete, fiberglass or plastic, with sides to contain spilled electrolytes and under cover from rain with all cell caps in place. Handling of batteries over the water surface and on docks shall include use of containers to hold batteries during transport to minimize potential for spillage of battery acid, or loss of batteries. The storage of batteries on docks is prohibited. Post signs in the service area and at the battery storage building to alert the public to the proper disposal procedures for lead acid and rechargeable batteries. Include the 1-800-8-BATTERY phone number for nickel-cadmium battery recycling information. Ready-made signs and fliers for these batteries may be available from the Rechargeable Battery Recycling Corporation (RBRC). Call 352-376-6693 or check the RBRC web site at www.rbrc.com for information. Include the DEP information line phone number of 1-800-741-4DEP and DEP web site at www.dep.state.fl.us for help in recycling batteries or other materials. Place flyers in customers' bills or other correspondence on a quarterly basis reminding them of the battery disposal policies in the marina. - TIMEFRAME: Effective immediately upon completion of construction. .,,--" Agenda Item No. 78 March 22, 2005 Page 118 of 126 MONITOR: Inspect the battery disposal location daily for the purpose of maintaining all batteries in an upright position in the proper containment location. HAZARDOUS WASTE - Household Byproducts ISSUE - Every-day products used to maintain and operate boats and surrounding service operations may generate hazardous waste byproducts. Typical hazardous wastes generated by boaters include solvent paint waste, used batteries, mercury containing bilge pump switches, old gasoline, and out of date flares. BMP: Place ignitable paint waste and old gasoline in closed containers so the waste vapors do not escape into the air or create a fire hazard. Consider reuse before disposal. Out-of-date flares that have not been exposed to water, or that have incurred damage other than exposure to water, may be kept on the boat as long as the Coast guard required number of in-date flares in good condition are also on board. When possible, use paints that are not solvent based. Buy bilge pump switches that do not contain mercury. The marina management will provide information and locations suitable to dispose of solvent and paint waste, mercury containing bilge pump switches, old flares, old gasoline, and other potentially hazardous or toxic materials. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily. Recycle products on a monthly basis. HAZARDOUS WASTE - Liquid Material Management ISSUE: Hazardous liquid materials such as waste fuel, used oil, spent solvents, and spent antifreeze can reach the marina basin if not properly handled and disposed of. BMP: Provide and maintain appropriate storage, transfer, containment, and disposal faciHties for hazardous liquid material, such as used oil, harmful spent solvents, waste antifreeze and paint, and encourage recycling of these materials. Management policies as part of the second phase of the project will include the following procedures. Provide separate labeled containers for the disposal of waste oil; waste gasoline; used antifreeze; and waste diesel, kerosene, and mineral spirits.' (40' CFR 262.34) Provide CLEARLY MARKED designated areas for storage of hazardous materials. Build curbs, berms, or other barriers around areas used for the storage of hazardous liquid material to contain spills. Store materials in materials Agenda Item No. 78 March 22, 2005 Page 1190f 126 impervious to the type of material stored. Include overhead cover to prevent rain penetration. Instruct marina patrons as to the proper disposal of all liquid materials through the use of signs, mailings, and other means. Insert language into slip rental agreements and service contracts requiring the disposal of hazardous liquid materials in the proper containment facilities. Provide recognition and incentives to those boaters who can document the use of proper hazardous waste management techniques. Maintain a spill contingency plan for hazardous materials. The spill response plan for hazardous materials shall be integrated into the oil spill response plan. EGO VENTURE WIGGINS PASS LIMITED will maintain an ongoing contract with Sea Spill or similar spill response provider as part of the spill contingency plan. A sign will be posted at the fuel dock outlining procedures to address a fuel or other hazardous material spill. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Daily for proper use. Monthly for recycling. WASTEWATER MANAGEMENT ISSUE: Wastewater discharge. BMP: EGO VENTURE WIGGINS PASS LIMITED will construct a wastewater collection system. This collection system will provide connections to the sewage pump-out facilities and the fish cleaning .station at the marina. TIMEFRAME: Effective immediately upon ~ompletion of construction. MONITORING: A record of pump-outs shall be maintained by the Harbormaster. The wastewater collection system shall be maintained and monitored by EGO VENTURE WIGGINS PASS LIMITED staff, in accordance with Manufacturer's specifications. The staff will be trained and certified in the niàintenance of the wastewater collection. "..-... ~....,~- GOODLETTE COLEMAN & JOHNSON, P.A. A TTOR.t~EYS AT LAW Agend~.. No. 78 M roo 2Ì2, 2005 Pa of126 Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Y ovanovich Harold J. Webre, III Edmond E. Koester Linda C. Brinkman Craig D. Grider GregoI)' L. Urbancic Matthew L. Grabinski Northern Trust Bank Building 4001 Tamiami Trail North NapJes, Florida 34103 (239) 435-3535 (239) 435-12]8 Facsimile VlTriter's e-mail: rvovanovjch({¡.>¡zcj]aw.com July 28, 2004 Via Hand Delivery Susan Murray, Manager Current Planning Department Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Official Interpretation Dear Ms. Murray: Please accept this letter as a request for Official Interpretation pursuant to Division 1.6 of the Land Development Code. As we discussed at our meeting on July 16, 2004, our cHent is considering constructing a destination resort hotel on the former Wiggins Pass Marina site. The parcel is approximately 10.45 acres. Approximately .43 acres of the site is submerged lands. The parcel has direct access to the Gulf of Mexico. The hotel amenities include, but are not limited to, a pool, restaurant, spa, fitness center, concierge services, marina, ships store and fueling station. A portion of the property, approximately 3± acres, will be dredged to create the marina consisting of approximately 50 wet slips. All of the marina slips will be owned by the owners of the hotel rooms. Some of the marina slips wilt be available to the general public for use as parking for the hotel restaurant, which will be open to the public. Some of the marina slips will also be used by charter boats for use by hotel guests. The remaining srips wi/! be available to those individuals owning the hotel rooms. The ships store and fueling facility wW support those individuals staying at the hotel and will also be open to the general public. As required by the ColJier County Land Development Code, not less than twenty-five percent (25%) of the gross floor area wi be devoted to common usage and support areas. It is our opinion, that the proposed marina, fueling station and ships store are accessory uses to the hotel. Accordingly, the area devoted to these uses would be included for purposes of calculating the allowable floor area ratjo for the hotel building. f' ~~" ._.~ '\ ; \ ,..-., Susan Murray, Manager Current Planning Department Collier County Community Development and Environmental Services Division July 28, 2004 Page Two Agenda Item No. 78 March 22, 2005 Page 121 of 126 We are requesting your officíal interpretation as to the following two questions: 1. Does the proposed hotel quaHfy as a dest¡nation resort hotel? 2. Is the aJlowable floor area ratio for the hotel calculated based upon the total site parcel size of 10.45 acres? If you have any questions or need additional information regarding this matter. please feel free to contact me. Very truly yours, -4L-tû "G--Z- Richard D. Yovanovich RDY:smc cc: Ed Oelsch!aeger Bob Mulhere S:\DA T A\WPDA T A\LITIGA TE\Oelschlaeger\ 7 -22-04murray.doc Agenda Item No. 78 March 22, 2005 Page 122 of 126 I . . .. .. . . . . - . . - . ECQVENTURE WIGGINS PASS, LTD. 601 BAYSHORE BLVD., SUITE 960 TAMPA. FLORIDA 33606 813-251-4868 ANISouTH' BANK 63-466 631 001174 -, ! y , , (CHECK NO, ¡-- , r- DATE ì ( AMOUNT 'ì L- I i I I I : }: ; , " I t,>'.') ;':! ,. Oo , .' I -HE 'ER , . .-.¡ !! : ~~^,'-L~60 AUïC¡ORIZED SIG'JA"URE · J '-',,',." : ,~ , .1 '. 11800 . . ?... 118 I: 0 ¡; :1 1. 0 L. ¡; b B I: 7 q b 7 ¡ q b'" 7 0 118 í I 7..- Agenda Item No. 78 March 22, 2005 Page 123 of 126 .'~ t COLLIER COUNTY GOVERNMENT Community Development and EnviroDJDental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive · Naples, Florida 34104 March 1, 2005 Richard D..Yovanovich Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North Naples, FL 34103 RE: INTP-2004-AR.6412 Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting an official interpretation concerning a proposed destination resort hotel approval. Dear Mr. Yovanovich: In your correspondence dated July 28, 2004, you have asked me to render an official interpretation of the Collier County Land Development Code (LDC) as it relates to two specific questions concerning the fonner Wiggins Pass Marina site, which presently has a Commercial (C-4) zoning designation. You describe development characteristics of a future hotel project and ask if under the current definition of a destination resort hotel the project could be classified as such. It is my opinion that the characteristics and amenities of the hotel you describe are inconsistent with those requirements of a destination resort hotel as defined by the LDC, therefore under the current definition of destination resort hotel, the project you describe could not be classified as a destination resort hotel. You then ask if the calculation for the allowable floor area ratio of the proposed hotel is based upon the total site parcel size of 10.45 acres where .43 of the acreage is submerged. It is my opinion that so long as proper documentation is provided which demonstrates that the applicant owns the submerged land area, the gross land area calculation may include submerged land. Within the referenced correspondence and in relation to the first question, you describe the proposed hotel as having the following characteristics: · The parcel has direct access to the Gulf of Mexico. · . The hotel amenities include, but are not limited to, a pool, a restaurant open to the public, spa, fitness center, concierge services, marina, ships store and fueling station, also open to the public. · The hotel will have no less than twenty-five percent (25%) of the gross floor area devoted to common usage and support areas. The Collier County Land Development Code specifically defines a Destination Resort Hotel as: Destination resort hotel: A transient lodgingfadlity where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities. natural or man-made, including but .-, c I ~,~~ e ... c o .. ... f; y Phone (239)403-2400 Fax (239) 643-6968 or (239) 213-2916 www.colliergov.net ".~-.-- Agenda Item No. 78 March 22, 2005 Page 124 of 126 Mr. Richard D. Yovanovich Page 2 March 1) 2005 not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-relatedfacilities, (Iii) health spa and/or fitness center, (iv) other recreational amenities and on-site services, includingjù/l dining services and cocktail lounge, entertainment rooms for video and movies, and concierge services. Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is not required In all cases, a destination resort hotel must include full dining services and a cocktail lounge, and not less than 25 percent of the gross floor area must be devoted to common usage and support service areas, such as but not limited to fitness room, health spa, media room, meeting rooms, dining and lounge facilities, and spaces in support of hotel jùnctions. In accordance with the above definition, the Land Development Code requires that in order for a hotel facility to be classified as a destination resort hotel, the following minimum amenities must be present. I. Direct Access to the Gulf of Mexico 2. On-site Golf Course and Golf-related facilities 3. Health spa and/or fitness center 4. Other recreational amenities 5. On-site services including full dining and cocktail lounge 6. Entertainment rooms for video and movies 7. Concierge services 8. A minimum of25 percent of the gross floor area must be devoted to common usage and support service areas Based upon the required components listed above for a hotel to be classified as a destination resort, it is my opinion that the characteristics and amenities of the hotel described within your letter are inconsistent with those comprising the requirements of a destination resort hotel as defined by the Land Development Code. Specifically, the Land Development Code requires that in order to be classified as a destination resort hotel the amenities must include a golf course and golf course related facilities. For purposes of applying the portion of the regulation regarding the golf course requirement, the Land Development Code distinguishes between those sites with direct access to the Gulf of Mexico and those sites fronting on the Gulf of Mexico. For those sites fronting on the Gulf of Mexico, the required golf course and facilities may be located on-site or off-site. For those properties not fronting on the Gulf of Mexico, but with direct access to the Gulf of Mexico as required, the golf course and facilities must be located on-site (no off-site option). The characteristics of the property outlined in your request describe the property as having direct access to the Gulf of Mexico, but no mention is made of plans for or the existence of an on-site golf course facility. In order to be classified as a destination resort hotel, at a minimum at least all of the features listed above must be present and where applicable to the degree so stated in the Land Development Code. The site and proposed development you describe does not include the required on-site golf course facility. Second, you ask, "Is the allowable floor area ratio for the hotel calculated based upon the total site parcel size? In your request you identify the parcel as being 10.45 acres in total, and further, claim that .43 acres of the total parcel are submerged lands. - - -- --. -... ,. ~ :-- Mr. Richard D. Yovanovich Page 3 March l, 2005 Agenda Item No. 78 March 22, 2005 Page 125 of 126 The Land Development Code is silent as tò the question of submerged lands and their relationship to Floor Area Ratio, but the LDC does defme Floor Area Ratio. The LDC reads as follows: Floor area ratio (FAR) : A means of measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross land area. See Figure below. ~. MaØ1lI/ll1 "IlOl_ (ora: F.A.R.øt0.20 I t- (8,000 SF øuUdlng/ .. 40,000. SF lot- 0.20 FAR)' \ ,.~:, )..' "to? '.. /~J /.' ~"-r//,/" ""'0 '-1/ "~.s\ " .. :-~Ol' / ,,"" ¡"M'8JïlmüÏ'ñflõõriiiíifor-ã-' i F.A.R. of 0.80 L I ¡ " ! (32.000 SF Building/ I '" .~ I 40,000 SF lot - 0.89 FAR) I ~. ~L"" ------' .~.~.~. ~~'.. ~..../ ~!;\.. ~//' ~ 11/ ' " L" /I~ / / ",-,,-,V / " '..~ '.v' / ,~~ " ....~,/ ,. FLOOR AREA RATIO . TOTAL. BUILDING FlOOR AREA -·----TõfÃLLãfÄ.RËA--- The above defInition presents a fonnula for the Floor Area Ratio in which the denominator of the equation is equal to the gross land area of a property or parcel. Based upon this defmition, which does not exclude submerged lands when detennining the gross floor area, provided that so long as proper documentation is provided which demonstrates that the applicant owns the submerged land area, the gross land area calculation may include submerged land. Pursuant to Chapters 1 and lO of the LDC, this interpretation has been sent to you via certifIed mail, return receipt requested, As this is a site-specifIc interpretation, all property owners within 300 feet of the subject property will be mailed notice of this interpretation. Also, notice of this interpretation and appeal time frames will be advertised in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of printing of the public notice, any affected property owner or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defmed as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely ~_._"-~"- o o e . ~ .. ' . . ' Agenda Item No. 7B March 22, 2005 Page 126 of 126 .,-r- ..- ., Mr. Richard D. Y ovanovich Page 4 March 1, 2005 affected party is defined as any person or group of persons, who will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an appeal must be filed in writing, must state the basis for the appeal, and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a payment of $1000.00 application and processing fee. If payment is in the form of a check, it should be made payable to the Collier County Board of County Commissioners.· An appeal can be hand-delivered or mailed to my attention at the address provided on this letterhead. Please do not hesitate to contact me should you have questions on this matter. Sincerely, ~~ Susan Murray, AlCP, Director Zoning & Land Development Review cc: Collier County Board of Commissioners James V. Mudd., County Manager Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Patrick G. White, Assistant County Attorney Marjorie M. Student, Assistant County Attorney Agenda Item No. 7C March 22, 2005 Page 1 of 29 EXECUTIVE SUMMARY V A-2004-AR-7003, Habitat for Humanity of Collier County, Inc., represented by Brent Moore, AICP, of WilsonMiller, Inc., requests a I-foot after-the-fact variance from the required S-foot wide sidewalk standard provided in Section 6.06.02 of the Land Development Code (LDC) to allow the continued use of the existing 4-foot wide sidewalks located within the Carson Lakes Subdivision Phase II. OBJECTIVE: The petitioner requests a variance from the required 5-foot sidewalk width to allow for the continued use of the existing 4-foot wide sidewalk. CONSIDERATIONS: The applicant seeks an after-the-fact I-foot sidewalk width variance, to allow retention of a 4-foot wide sidewalk for the Carson Lakes Phase II Subdivision rather than reconstructing it to meet the 5-foot wide sidewalk required by the LDC. The applicant developed the Carson Lakes Phase I Subdivision with a 4-foot wide sidewalk, pursuant to the LDC at that time. Subsequently, the applicant received approval for Carson Lakes Phase IT, which due to changes in the LDC required a S-foot wide sidewalk. However, the contractor built the sidewalk consistent with the 4-foot wide sidewalk in Phase 1. The applicant is therefore requesting a I-foot after-the-fact sidewalk width variance to allow retention of the 4-foot wide sidewalks for Carson Lakes Phase II. Staff has analyzed the guidelines associated with the variance request and has determined that ahhough there is no land-related hardship associated with this variance, there are ameliorating circumstances. These circumstances include: the fact that the applicant is still providing sidewalks; and that a variance is simply being requested to retain the 4- foot wide sidewalk rather than requiring it to be removed and replaced with a S-foot wide sidewalk. Replacing the 4-foot wide sidewalk with a S-foot wide sidewalk that will not provide a substantial additional benefit to the community especially in light of the fact that the first phase of the development was constructed with functional 4-foot wide sidewalks. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The site is located in the Immokalee Area Master Plan area on the County's Future Land Use Map, and is designated as Low Residential District on the Immokalee Future Land Use Map. This land use category is described in the Immokalee Area Master Plan as follows: The purpose of this designation is to provide for Agenda Item No. 7C March 22, 2005 Page 2 of 29 a low density residential district. Residential dwellings shall be limited to single-family structures and duplexes. Multi-family dwellings shall be pennitted provided they are within a Planned Unit Development. Mobile home development shall be pennitted in the form of mobile home sub-divisions or parks and as a mobile home overlay as defined by the Land Development Code (LDC). A density less than or equal to four (4) dwelling units per gross acre is pennitted. The Immokalee Area Master Plan and the Growth Management Plan do not address individual variance requests; these Plans deal with the larger issue of the actual use. As previously noted, the subject petition seeks an after-the-fact variance to allow Habitat for Humanity to retain their 4-foot wide sidewalks, which are an authorized use in this land- use designation, therefore, the actual use is consistent with the Future Land Use Map, Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL ŒAc) RECOMMENDATION: The EAC did not review this petition because the EAC does not nonnally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Planning Commission heard this petition on March 3, 2005. After listening to the petitioners representative and staff, the Commission recommended 5-3 to approve the petition. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the LDC, These evaluations are completed and have been incorporated into the attached staff report. A summary of the legal considerations and fmdings are noted below: . Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved? . Are there special conditions and circumstances, which do not result fi:om the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? .....-." Agenda Item No. 7C . March 22, 2005 Page 3 of 29 · A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. · The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. · Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. · Granting the variance will be in hannony with the intent and pwpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. · There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. · Granting the variance will be consistent with the GMP. RECOMMENDATION: That the Board of County Commissioners approve the I-foot after-the-fact variance as requested by the applicant. PREPARED BY: Robin Meyer, AICP, Principal Planner Department of Zoning and Land Development Review - 7C This item requion, thlilt an particlpnnUi bl!! sworn ìn and ex F>al'\e Oisc.!osure be provided by COmmiR!!iion members, VA~20D4-AR· 7003. Habitat (or Humanity of C.ollier County, Inc , represented by ercnt Moore. AICP, of WI'5onMlller, In<-.. requests a 1·loot after-The-fact vBIi8.J'\c;.e fmm the required 5-fom widf.! fiid~8!k standard prolJided in Section 6.06 02 of the Lønd Development Code (LDC) to allow the continued use of the existing "·foot wld~ :5ildÐWalks lo~,yled wJthlll Inti Ct.lfSior' Lakes Subdivision ÞtIMS! II 312<12005 9;00:00 AM ,- 110m Number ttem Summary MHting Dolo COLLIER COUNTY BOARD OF COUN'¡Y COMMISSIONERS Agenda Item No. 7C March 22, 2005 Page 4 of 29 Preplred By 3/1(2005.2:4"':16 PM Robin D. ....yer Communjty U....eløp'r..."t & Environmental Sorvlccl. Prlnc.ipal Planner 1,01"1("9 & LInd OmreJo:trllMt Rovl"w 0... D_te Approved By R.y Bøllowli Community OC'Velopmertt 8. environfMntaI5erv!ctll. ChiltfPla"nltr ;2unlng & Land Development RIt\lIÞ/ 3JJ';JOC5 0:17 PM 0.14'1 Approved By Con.tanr.r. Ä. .I('hn'ðn COlTlmuni1y Ue",,,cpment & f'.nvlronro.mtlll Ser\liCfl1t OpClra1:i(Jf'\$ Al'Ullytrt Community tJllllltlloprntlllt & EnvlronmetrÜ¡11 SlIrvlcn. Admit! 3/"'/20U~ 1:33 PM OO1t. Approved By Sandra La. Communhy DltVelopment & EnvlrLUlmsntal Sl!tvlc:... Executive S1I!Ctftfury Communhy Development & Environment.1 Sltrvlc:.. Adrnil'l. 3/4J2005 2:27 PM Date Approved By Suuln Murray, AICP Communïty DeviII'lupment & Environmental S6rvlcel ,Zoning & land Develop'""'flt Olre¡:tor Zoning & land Development Re~11fW 3/8/20U& ;:0& AM Out.. Approved By Jonpi'! K. Schrnitt Con1munity Dl!'velopmont & Ellvu'otlmental SlIfvk.. (,~ommunlty De",.lcpment & Envlronnlftntaf Ser",¡I)O$ Ao'nl".trator Comm!J,,11Y [)evelopmant" Envlronmlttlt.1 S"'1Ilce; Adrt'lln. 3/ÐJ:l00511:SØ AM Date .- Approved By OMS Coordlllutot CounlY Menagar's Offloe Adrn~tliatr.INt.! A..¡atanf Offl.,o of M_"aJ/tmctnt &. Budpm "'20054:03 PM Date Approved By Mark 1..0«401'1 County M/uHtg~r'lI O"I~e Budgat An.ly.t ON1c:e øf M/IIt'I.lícmflnt" Budgt. 3t15/2n0511:J4 AM 0... Approved By Mic:t\'ttl SmykDw,ld c.ounty Manl1ger'. Offic.~ M."Mgcmtlflt & F.\l.fdgel Direç:or OfflCie of Ma""gement 8. Budget 3115/200512:03 PM D... Approved By Jain.. V. Mudd Boerd of County Commi..,¡onrrr. County M.I'I'yer county Manlgor'. Office 31150/2006'2:30 PM ..-" Ag~nda Item No. 7C March 22. 2005 Page 5 of 29 AGENDA ITEM 8-F cI;i Çcnmty ~ ""'. - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: . DBPA1tTMENT OF ZONING AND LAND DEVELOPMENTREVlEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 3, 2005 SUBJECT: PETITION V A-200S-AR-7003 HABITAT FOR HUMANITY PROPERTY OWNER/AGENT: OWNER: HahiW f9r fiumanity of Collier County, Inc. . 11145 E.Tamiamì Trail Naples, Florida 34113 AGENT: Brent Moore, AICP WilsonMiUer, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 R,EOtJESTED ACTION: The~plicant is requesting a l..foot after-the-fact variance ftom the required $..foot wide sidewÌ11k standard provided in Section-6.06.02 of the Land Development Code (LDC) to allowthc. continued use of the existìng4-foot wide sidewalks located within the Carson Lakes Subdivision. GEqqRAPIDC LOCATION: The subject pan~el is located on Carson Ro~ ñtrtberde$cribed as the West 180 feet· of Tract 49, Golden Gate Estates Unit 60 in Section 12, Township 48 South, Range 27 East, Collier County, Florida. (See location map on the following page) VA-2004-AR-7003March 3, 2005 Page 1 of 8 ",~., . '",,- ...<:' ·~';;C*j,::)~,!;;;£():. '. .~,.- ,"" -, -.,' ,." . ' : ';'/-~·J'.,~'"ù:,';.~*;Ji¥~j;:i~~~~~:~~~;;Lt·~,i¡¡j5t:·j" -, I :5 '" ! !" ~ I ,- '" !I. '" ~ 11 ~ ~ . . .. " ~ .. .. . .... .. t. " .. .. " .. ~ .. .. D ........ "'" I =:n - u .. . .. II .. .. ¡.-, I/~ .... , .. . .. .. . .- -¡ 1iIMI'ft- ,. ..... h f . . t IMMO . " . ALEE 1-............... '\ n to . . . It ... .. It 11' " ,. 1<4 .. .. " .. II .. .. ....- ~ LOCATION MAP ! pmTlOI ·VA. '1D4- fi.... flDa Agenda Item No, 7C March 22. 2005 Page 6 of 29 ,A..IØ~I .,TEMAP .... ........ ...m .........."......."............ ....._..__.._.....,_ Agenda Item No.. 7C March 22, 2005 Page 7 of 29 N POINT OF BEQlNMNG fof~ CORNER OF' 1HE NW 1/4 OF THE SE 1/4 OF'SEC11QN JO ....4t'"t 782.03" ~ t.N '* ". - It '/4 1CUt .. - .. sm-644"E 30.00' ~ " JJ:!;. - ... p t So I ~ = 'J.,. t'<C $.1 tit - I S MEÄ .. S.4I ACRES ± I ~, t;~ ;:¡ ; ~ i ~ Þ i \ I : --4[ - - :1JAtr:::. _ _ --=.4 - - - ~SOU1H LINE NW 1/4 - SE 1/4 . , V A·......AJlo.""' n.o.œcr........ &Aft: 1JI/2OI5 ROBlNM&YD 111tS fS NOT A SU~YJ SI<E1'CH OF' DESCRIf'11ON FOR IWMOKALEE HABtTAt FOR HUMAHfTY \ SHEET 2 OF 2 THf:S DOCIJMEI'I:TIS NOT COMPlETE' WJ'THOUT SHEET 1 OF 2, I'Iœ ~C.DWO :T1MG 3eœ ~ANGIE AW. NAPL£S. F't. 34104 (~. ~JU4~o.·1i5~tJ B p ~ 06-2O-ftI,taI.. It: 112.7/4I-t..-ð!Q-2 II-Im' 2 OF' 2 Agenda Item No. 7C March 22,20Q5 Page 8 of 29' . .- P~OSEIDESCR.IPTION OF PROJECf: 'the applicant seeks an af!er-the-factl...foot sidewa.lk wìdth variance, to allow retention of a 4-foot wide sidewalk for the Carson Lakes Phase tI Subdivision rather than reconstIucting it to meet the 5-foot wide sidewalk required by the LDC. The applicant developed the Carson Lakes Phase I Subdivision with a 4-foot wide sidewalk, pursuant to theLDC at that time. Subsequently, theapplica.ntx-eceived approval for Carson Lakes Phase II, which due to changes in the LDC required a 5-£oot wide sidewalk. However, the contractor built the sidewalk consistent with the 4....footwide sidewalk in Phase 1. The applicant is therefore requesting a I-foot after-the-fact sidewalk width variance t6alIaw retention of the 4-foot wide sidewalks for Carson Lakes Phase II. Sl1RR.O~INGLAND USE & ZQNING: SURROUNDING: North: East: South: Is zonedPUD and A-MHO and is vacant. Is zoned A-MHO and is vacant. Is zoned VR and MH and developed as low density residential. Is ,Zoned A-MHO and is vacant. VA-2004-AR-7003 March 3. 2005 Page 4 of a ""i~«j",;,,.¡ Agenda Item No. 7C March 22, 2005 Page 9 of 29 -- AoI8tO 1.1 nJi Zoning Map GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. This land use category is described in the GMP as follows: The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gates Estates Subdivision. Policy 4.1 of the FLUE notes that a Golden Gate Area Master Plan is in effect for this area as well. The Golden Gate Area Master Plan places the subject property within the Golden Gate Estates area, which: Î$ cht:rraoterized fly low density semi-rural residential lots with limited opportunities for Qther land uses. Typical/ots are 2.25 acres in size. However. there are some legal, non-conforming tots as small as 1.14 acres. The Golden Gate Area. Master Plan and the Growth Management Plan do nótaddress individual variance requests; these Plans deal with the larger issue of the actual use. As previously noted, the subject petition seeks a variance to aHow construction of a single- family home, which is an authorized use in this land-use designation, therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed Use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. VA-2004-AR-7003 March 3,2005 Page 5 of 8 Agenda Item No. 7C March 22. 2005 Page 10 of 29 - ANALYSIS: Section 9.04.01 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZAafid utUizes the provisions of Section 9.04.03 A through H. which are general guidelines to be used to assist the Commission' in making a detennination. Staffhas analyzed this pennon and offers the responses to the items in Section 9.04.0385 follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved'? No. The County-approved plans showed a 5..foot wIde sidewalk, The contractor apparently did Ilot conSult the p1øns. but built consistent with the sidewalks already constructed in Phase 1. b. Are there sp:eeialconditions and cl.rcun1Jtances, which do not result from the action of the applicant streh as pre-esisting conditions relative to the property, whJeh is the subjeetofthe variance request? No. The variance is required due to an error by the contractor. The contractor did not see,tbat the plans for Phase II required a 5-foot sidewalk rather than the 4-foot sidewalk required in Phase 1. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes~ If the variance is not approved, Habitat for Htlmanity would be subJect to a U11due hardship. because they would have to demolìsh the existing sidewalks in Phase. II and then rebuild them. The cost of replacing the 4·.foot wide sidewalks with 5-foot wide sidewalks would be excessive in light of the benefit derived to the community for the additional I-foot of sidewalk width.. d. WUl the variance, if granted, be the minimum. varian.ce that wUlmake possible the reasonable useo! the lan.d, building or structure and which promote standards of health, safety and we1fáre? Yes. The variance proposed is the minimum variance needed to allow a reasonable use of sidewalks. Approval of the variance should not have á negative impact upon the standards of health, safety and welfare. However, a reasonable use of the land could have been achieved by constructing sidewalks 5 feet wide as required by Code. VA·Zoo4-AR·7003 March 3, 2005 Page 6 of 8 ;:;;.: ;'),,: )·'\~,';.;;'.'~'¡-b::þ:;j.~"', ""." '. ,,:~ :,..,,' .. '",:,;",~.-,-,,:,<,;.;,'j¡("',:'.':}-' Agenda Item No. 7C March 22, 2005 Page 11 of 29 e. WiD granting the variance confer on the appDcaBt any speel" pri~.t".t" deJ1ied by these . zoning regulations to other Jands, buildings, or structures in cbesamezomngdlstrict? Yes. Granting this variance would allow the applicatrt a special privilege not allowed by other subdivisions in the County. f. WUlgranting the variance be· in harmony with the general intent and purpose ofthlsLand Development Code, and not be iajuriou. to tile neighborlrood,or otherwise detrhnental to the public welfare? Yes. Although approval of this variance will allow the sidewalks for Phase n to remain .1"(oot narrower th8l1 the LDC allows. it wiUstill be consistent in width with the sidewalks in Phase 1. Therefore. because Habitat for Humanity is stiU providing 11 viable sidewalk., the variance will be in harmony with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g. Are there natural conditions or physkaUy induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf coW'S~ etc.? Yes. The fact that Häbitat for Humanity is still providing viable sidewalks consistent with the existing sidewalks approved ,and· constructed in Pbase I, 'should be Uiken into consideration. The fact that they will be ,I foot narrower than sidewalks now· required by. code will not make them any less functionaJ· to the community. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management ,Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did notheår this variance. SUMMARYOFREOUEST: Staff has analyzed the guidelines associated with the variance request, and has determined that although there is no land-related hardship associated with this variance, there are ameliorating circumstances. These circumstances inolude: the factthf,¢ the applicant is still providing sidewalks; and that a variance is simply being requested to allow maintenance of a4-foot wide sidewalk rather than requiring it to be removed and replaced with a 5-foot wide sidewalk that will not provide a substantial additional benefit to the community especially in light of the fact that the first phase of the development was constructed with functional4-foot wide sidewalks. VA-2()04...AR-7003 March 3.2005 Page 7 of 8 ,:" ;:"..:' ,-.,:......: '.': ...... .." .:'.:.'.'~" . ":. . , :',~;::'~#~~~{4Ü~Qt~: ,..: ., " '." ,>i '..'.'" ¡,,',.;, d.>\¡,.¡~~,¥.1i}«;"j¿;,,"·.d,·. RECOMMENDATION: Agenda Item No. 7C March 22. 2005 Page 12 of 29 Zoning and Land Development Review staff recommends apþrov¡1ofthévariance request. PREPARED BY: ~\D.fvl~ RO IN D. MEYER,.AICP, RINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ...~ ~LLOWS, WlNAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW usANMtlR.AA y, ArCP, DIRE DEP ARTMBNT OF ZONING LAND DEVELOPMENT REVIEW APPR.OVED BY: .2 tOr lðs- DAE( ;2(:0/0;- DA E a:>/I f"h-oS- DATB' r:r-Ior D E /. . S PH K.. S . ADMtNISTRATOR MUNITY DEVELOPMENT & IRONMENT AL·SERVICES DIVISION RUSSELL A BUDD, CHAIRMAN DATE Tentativëly scheduled for the Match 22,2005, Board of County Commissioners Meeting Attachments: A. Site Plan - VA-2004-AR-7003 March 3, 2005 Page 8 of 8 RESOLUTION 05"_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETmON NUMBER VA-2004-AR-7003, FOR A V ARlANCE FROM THE FIVE FOOT MINIMUM SIDEWALK REQUIREMENT TO A FOUR-FOOT SIDEWALK. ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislatw"c of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, thc County pursuant thereto bas adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the. granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance ftom thc five-foot minimUm sidewalk requirement to a four-foot sidewalk as shown on the attached plot plan. Exhibit "A", in a "VR" Zone for the property hereinafter describc;d, and has found as a matter of fuct that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that The Petition VA-2004-AR-7003 filed by Brent Moore, AICP, ofWilsonMiller, Inc. representing Habitat For Humanity Of Collier County, Inc., with respect to the property hereinafter described as: Carson Lakes Subdivision. Phase II. Tract R, as recorded in Plat Book 188, Page 45 of the Public Records of Collier, County, Florida be and the same hereby is approved for a variance from the five-foot minimum sidewalk requirement to a four-foot sidewalk as shown on the attached plot plan, Exhibit "A", of the "VR" Zoning District wherein said property is located, subject to the following conditionS: Page 1 of2 Agenda Item No. 7C March 22,2005 Page 13 of 29 ';"''''""''""''¡'''''Wi,",4!iiài11i;¡j;¡¡iii~~¡¡'iiri;"",'41"~,,,,;.'',".,,",,,;·,'_"'i:.,.',"_. Agenda Item No. 7C March 22,2005 Page 14 of 29 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2004-AR-7003 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2ooS. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: ~~~. Assistant County Attorney V A-2004-A1l-70031RM11p Page 2 of2 I ..;D 9- i + ;þ V A-2004-AR-7003 PROJECT #2001090008 DATE: 1/512005 ROBIN MEYER .Agend! Item No. 7C March 22, 2005 Page 15 of 29 - --...- ... ......~- --..... -) .......4.--r 4.'.' ¡ ØI1NI IOf-.o ~ ~ In.a~ ~'II:IIU'... l:1li_____ -- ~_.!~ --- -.-- - r- f'.¡- _~ " _.......... .--...-...----.- Ä 01' COI.UÐI. COUtI!Y -. -.- -,- - -..-. :=.::==:'" --.-. .....,.. tJUIJUiC& CA1a4 ..... ..-.- -,... ......l_· - - - V///¡:'¡ -- ~...,.......y.....-- .--.---....-. "L~' #....;.. !.}. . ::-':Il. ",T. .~' , ~ ìfI!Ø"'I1ñiII!iE...."..... .:.. ,w.~____- - ..-.....--.~.................- fIE'iIiSii:-==-.:..r..:r:=:.:=:r=:- ~' r&--.'S....-~·'............~ .... Štï:.ùML.~ ~ÃWe ...... - -.................~-. ww-..:.~....-==r~.. '!:æ'_""T__ - ,flruMtWf'l'h. .--.....-........-- &i:iiJI,I;II: II.I:I.'='=' - . ====::...... I.I\STÐI'SU8CMSlDH 1'WI ,;{;>.:' ;.l::,.. ~... ".. I '::/,: r·'·· ., P>ßInD. 'Rln_ -... 5ili1~ .. __Un. Agenda Item No. 7C March 22, 2005 Page 16 of 29 ,- Conditions of Approval Gutierrez Variance V A-2005-AR-7003 1. The variance granted is limited to the one-foot sidewalk width variance to allow the Carson Lakes Subdivision to have 4-foot wide sidewalks rather than 5-foot sidewalks as required by the LDC, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated 2005. This site plan is included as Exhibit A; ~... ~,...-..., . COLLIER COUNlY GOVERNMENT DEPT. OF ZONING & lAND DEVELOPMENT'REVIEW WWW.COLLIERGOV.NET . 6968 (i) Agenda Item No. 7C March 22,2005 2800 NORTH HORSESHð~;)Rt'dt?9 NAPLES, FLORIDA 341 04 (239)403-2400 FAX (239)643- , ¡ ,~ J , I' j' . ~. '1 , ' . . I " " . , . . . \ , I' 'I ~ . J" ~ ~ ' PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER V A-2004-AR-7003 PROJECT #2001090008 DATE: 1/512005 ROBIN MEYER ] Above to be completed by staff ~ '" j It. I . I . . ; . ',. J GENERAL INFORMATION: Petitioner's Name: Habitat for Humanity of Collier County, Inc. Petitioner's Address: 11145 E. Tamiami Trail, Naples, Florida 34113 Telephone: .775-0036 Fax#: 775-0477 E-Mail Address:mdurso@hfhcollier.com Agent's Name: Brent Moore, AICP, WilsonMiller, Inc. Agent's Address: 3200 Bailey Lane, Suite 200, Naples Florida 34105 Telephone: 649-4040 Fax#: 643-5716 E-Mail Address: brentmoore@wilsonmiller.com i I i I I I I BE AWARE THAT C;;OLlIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF , ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Vlriance Application mr.10105104 'Agenda Item No. 7C March 22, 2005 Page 180f 29 - Complete the following for all Assoclatlon(s) affiliated with this petition. Provide additional sheets If necessary. N/A NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ~ ZIP' CITY STATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE ~_ - NAME OF MASTER ASSOCIATION: MAILING ADDRESS __ CITY STATE _ ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE _ ZIP Legal Description of Subject Property: Subdivision: Carson Lakes Phase 2 Unit: Lot (s) Block (8) Section _30_ Twp. _46_ Range ~9 _ Property ID. # _25377802042 Acreage Number : Metes & Bounds Description: 0"".-... Variance Application rev. 10105104 , - . ' , " ' . . , ' \ í ' . ~' \ I t f '~ "~ '.. 'i. ; , , , . . . - I ..:.... WNING Page 19 of 29 LAND USE N PUD and A-MHO Urban Residential Subdistric:t/Vacant SVRandMH Urban Residential SubdistrictILow density residential W A-MHO E A-MHO Urban Residential Subdistric:t/Vacant Urban Residentall SubdistrictIVacant Provide a detailed explanation of the request Including what structures are existing and what Is proposed; the amount of encroachment proposed using numbers, I.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (Include building permit number (s) If possible); why encroachment Is necessary; how existing encroachment came to be; etc. , The applicant developed Carson Lakes Phase 1 with a four-foot minimum sidewalk, pursuant to regulations within the IDC at that time, and approved through the Phase 1 application. Subsequently, the applicant received approval for Phase n of Carson Lakes, which required a five-foot minimum sidewalk. A four-foot sidewalk was constructed. This petition is made in request for an after-the-fact variance from this requirement as approved through the SDP for Phase n. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided In its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages If necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. No 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. No Variance Application TCV.10105/04 - 3, -Will a literal interpretation ·of the próvlslons of this zoning code work unf\~~~6~ undue hardship on the applicant or create practical difficulties on the appllcalp9ge 20 of 29 Yes. Habitat for Humanity is a not for profit org;mi7.ation serving the financially disenftanchised residents of Collier County. This request to provide an after-the-fact variance will prevent the applicant ftom experiencing the economic burdens associated with constructing five-foot sidewalks as approved as opposed to the four-foot sidewalks as currently existing within the project. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. -. Yes s. Will granting the variance requested confer on the petitioner any special privilege that Is denied by these zoning regulations to other lands, buildings, or structures In the same zoning district. \ No 6. Will granting the variance be in harmony with the Intent and purpose of this zoning code,and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. - Yes 7. Are there natural conditions or physically Induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No 8. Will granting the variance be consistent with the growth management plan. Yes BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACI10N ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Variance Application rev. 10105104 Agenda Item No. 7C March 22, 2005 Page 21 of 29 ..' .' .. VARIANCE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date:~Time: \0:00 P1anner:Ké)b{~ M.r.s~ Project Name: ~N 1-..c.AC~< Project Addr/Location: IVY\. VV'\. 0 F::cJ.~ APpncantName:<J>.~ I~ lPr Phone: 1?:::>-003~ Firm:J\o..b~oct- JbrL Hù.M~l+l ~ C ð\((e1.Co~ Type of Petition: \! F1K. \~CSi::.. Current Zoning: Owner Name: ~Ab(\-~ ~f\.. .ut..C.A.MAÑ\~ Owner Address: Phone: Meeting Attendees: J<~A6~A .b\ \ eKCø....~~Lt\M L\~~Tø:I~DN \Ý\ lke: ~t.tFéA. ßtJ..SL<; M...l.. \.\ ¡:'" Jl ?k.w-c... ~.~ \ SUBMITTAL REQUIREMENTS: )& 15 copies of completed Application g Addressing Checklist signed by Addressing Dept ~ Pre-application meeting notes ~ 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 % X 11 copy) ~ Completed Owner/Agent Affidavits, Notarized i 2 copies of Deed . 2 copies of List identifying Owner & all parties of corporation Location map f1'. 5 copies of Aerial Photograph (taken within the previous 12 months) V A-2004-AR-7003 PROJECT #2001090008 DATE: 1/512005 ROBIN MEYER 1 .<'\,. Agenda Item No. 7C March 22, 2005 Page 22 of 29 .- CI o o ~ ~ 4 copies of EIS or EIS waiver 4 copies of TIS 4 copies of Utility Provisions Statement with sketches Electonlc copy of all documents and plans (CDROM or Diskette) Historical Surveyor waiver request Property OWner Advisory Letter and Certification Pre-application Fee $500.00 (to be credited toward application fee below) ReVie~...~ ~.&~98.gg Residentia o $5000.00 Non-Residential ~ $681.00 Estimated Legal Advertising Fee - CCPC Meeting ~ $205.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $1600.00 EIS Review OTHER REQUIREMENTS: [J [J [J o NOTES: *"~'ffiV~ ~ Agent/Owner Signature Date : 2 -Ðe/18/2aa4 18:38 6595724 VO/~U/~UOI 1~:õ8 PAl 238 283 Ø48~ ADDRESSING WI DBV DES AgendaFtla! Nœ117C Mp~~ ADDRBSS1NG CHECKLIST . Please oompJete the followingJDd. submit to tb.c Addresaing Section for Review. Not alt items will ~ everY oroiect. Items in bold tv,e arc reauired. -- 2. Folio (Property ID) Dumber(l) of , bow (anach 10, or fJUOCl.ale wilh, legal descri.ptio1l ifmor-e 'han on~) 25377802042 -- -- 3. Street addrass or addresses (as applicable, if alr«ldy assign.t) N/A -- 4. Loeadon map, showing ex:act location ofprojectlsite in relation to nearest public road right..of-v a.y 5. Copy of survey (NBEDED ONLY FOR UNPLATTEDPROPBRTJES) 6. Proposed project name (if applicable) Carson ¡,..akes Phase IT 7. Proposed Street names (tfapplicable) N/A -- -- -- 8. Site Development Plan Number (FOR EXISTING PROJECTSlSlTES ONLY) SDP..AlL ~ 1433 9. l'etfdOJl Type - (Complete a separate Addressing Checklist for e8ch Petition Type) ~ SDP (Site Development Plan) SDPA (SDP Amendment) SDPl (SDP Insubstantial Change) SIP (Site Improvement Plan) B SIP A (SIP Amendment) . SNR (Street Nøme Change) o Vegetation/Exotic (Veg. Removal PermitJ) ¡g¡ Land Use Petition (Variance. Cond;âonaJ Use, Boat Dock Ext., Rezone, PUD r~De, etc.) o Other - DescrIbe: 10. Project or development names proposed for, or already appearing in, condominium documents (if -- appIicable; indicate whether proposed or existing) Carson Lakes Pahse n (exi~2) __ I I, P1eas~ Check One: f8j Checklist is to be Faxed Baok 0 Personally Pi~ked Up . -- 12, AppllCIIDt Name Jared. R, Brown Phone 239-649-4040 Fax 239-643· S716 13. Signature on Addressing CheckUst does not constitute Project and/or Street Name approval and Is :ubject·-;; fUrther review by the Addressing Section. FOR STAFF USE ONLY Primary Number ~w.,~ I Address Number ~~~.J Address Number . Address Number § PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) FP (FinaJ Plat) o UA (Lot Line Adjustment) BL (BlutinS Permit) ROW (R.i¡ht-of-Way Permit) EXP (Excavation Permit) ~ VRSFP (Yeg. Roo¡ova\ & Site FiU hnnit) -- Approved by .LI'!~Á ~t:::::L- Date: .:ñ - Z"3 - ( ~ /~ martin c - Agenda Item No. 7C March 22, 2005 Page 24 of 29 From: Sent: To: Subject: meyer_r Monday, January 10, 2005 11 :45 AM broclCm; martin_c; fllson_s: munay_s; beUows_r; Johnson_c Bethel Assembly Church File CU-2004-AR-6300 The petitioner's representative failed to provide the on site sign announcing the proposal as required by the LDC prior to the Planning Commission meeting, as a result the County Attorney's office has detennined that they must go back to the Commission and provide proper notification. So this item needs to be pulled from the January 11, 2005 Summary Agenda. It will come back once they have met aU requirecl notice and hearing. Robin Meyer - 1 , Abk c-I \ . '. . . t ~ . '. 4 . . . . ~ .. , F.ldÌI" .... 1 ~\ . , . . .~ . - '1 CollIer Harker QC = 8 t'f'$> =Slt)~ ===r;.:¡ ~N=> <=It~¡;.:¡ 1~~:?1 ~U....c gr:;"~ t'10~= <~<9 >~~""" ,- eoraon Lo)\e.. t'age 1 01 1 Agenda Item No. 7C March 22, 2005 f 29 ,/""'- L.èend "'-rill PIIatD-o-ow "'......tian) o MJbdIv o P...:. "'-rill Pha1a-<law A..olutilln 03) V A-2004-AR-7003 PROJECT #2001090008 DATE: 1/512005 ROBIN MEYER http://arc.collierappraiser.comIservletJcom.esri.esrimap.Esrimap?ServiceName=ccpa_design2004&ClientV ersion=3.I&Fonn=Tn 12/10/2004 Agenda Item No. 7C March 22, 2005 Page 27 of 29 RESOLunON 05-_ A RESOLUTION OF THE BOARD OF ZONING - APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA-2004-AR-7oo3, FOR A VARIANCE FROM THE FIVE FOOT MINIMUM SIDEWALK REQUIREMENT TO A FOUR-FOOT SIDEWALK ON PROPER1Y HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORlDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regula.tions made and provided, and has considered the advisability of a variance from the five-foot minimum sidewalk requirement to a four-foot sidewalk as shown on the attached plot plan, Exhibit "A", in a IIVR" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and am.ngement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition V A-2004-AR-7003 tiled by Brent Moore, AICP, of WilsonMiller, Inc. representing Habitat For Humanity Of Collier County, Inc., with respect to the property hereinafter described as: Carson Lakes Subdivision, Phase II, Tract R, as recorded in Plat Book 188, Page 45 of the Public Records ofCo!lier, County, Florida be and the same hereby is approved for a variance from the five-foot minimum sidewalk requirement to a four-foot sidewalk as shown on the attached plot plan, Exhibit" A", of the "VR" Zoning District wherein said property is located.: Page I of2 Agenda Item No. 7C March 22,2005 Page 28 of29 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2004-AR-7oo3 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2005. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Approved as to Fonn and Legal Sufficiency: Patrick G. White Assistant County Attorney V A-2004-AA-100JIRMlIIp ,- Page 2 of2 -.-,--.--.... "-..- Dec· 21 04 03:45p Habitat Tor Humanlt~ 239 775 0477 ",.4 . Agenda Item No. 7C March 22, 2005 Page 29 of 29 N POINT OF BEGINNING .. NORTHWEST CORNER OF THE NW 1/4- OF THE SE 1/4 OF SECì10N 30 NB9"46'41'"E 782.03' . NORTH UNE NW '/4 - SE '/4 $ÇALE: ,. . 200' S01 "25'44 "E 30.00' 100,00' N89"48'4,"E N01 "25'44:'!t' 30.00 ~ Ñ ~~ ... ... j I 5 ~ z ~ :J ;.... N ~ § ¡,¡ ... , ~ ~ AREA ... 39.49 ACRES ± ~ w ,... N Þ ~ ..., z: :::1 .... LLI ~ ~ in S'I 6 en S89'02'20"W ! ~ 18.00 ~~ I t~ I NORTH QH -(F- AY _4 -1 _ -_ i Pr ---80& em BI.GI-I!::.QF=.ï{,6.~ _ _ _ . - - - ~ SOUTH UNE NW 1/4 - SE '/4 V A-2004-AR-7003 PROJECT #2001090008 DATE: 1/5/2005 ROBIN MEYER 'THIS IS NOT A SURVEY! SKETCH OF DESCRIPl10N FOR IMMOKALEE HABITAT FOR HUMANITY fiLE: 9727SVYSDRvt>ESC.I>WG WILKISON &: ASSOCIATES INC" . CONSUL llNG GI ERS AND SURVEYORS 3508 EXCHANGE: AVE. NAPLES, F1.. 34104 (941) 643-2404 rAX NO. (94!) 643-5173 FLbRIDA BUSINESS UCEN~ ÑO. LBS770 DATE F'B PG DRAWN BY PROJ. we. NO. 9727/48-L-363-2 SHEET 2 OF" 2 SHEET 2 OF 2 THIS DOCUMENT IS NOT COMPLETE WITHOUT SHEET 1 OF 2. 4S JPG E=-xh.ttJ rt 11 "..-,~..·",-""~,"'",""",,·.....,~.,,,j.¡-__~_¡;¡¡¡....,,,-,Ir'''''''''';''''','< Agenda Ifem No. 7D March 22, 2005 Page 1 of 57 EXECUTIVE SUMMARY Petition CU-2003-AR-4326 Dieudonne and Lunie Brutus represented by Ronald F. Nino, AlCP, of Vanasse Daylor, requesting Conditional Use approval in the Village Residential (VR) zoning district for a church or house of wonhlp for the Tabernacle of Bethlehem Church punuant to LDC Sections 2.04.03, Table 2 and 10.08.00. Property is an 0.69-acre tract located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. (COMPANION ITEM TO V A-2003-AR-4327) OBJECTIVE: To have the Board of County Commissioners detennine whether the requested conditional use is consistent with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERATIONS: The petitioners seek Conditional Use approval for a church or house of worship that will allow the existing building to be converted to a church (refer to the Conceptual Site Plan for details). The existing building most recently has served as a boarding house. The petitioners have submitted a companion Variance petition, V A-2003-AR-4327, which will be heard with this Conditional Use petition. In that Variance petition, the petitioners are seeking the following variances for the proposed church use: 1) from the minimum one-acre lot area; to allow an existing structure on a 0.69-acre tract to be converted to a church use; 2) to reduce the front yard setback ftom the required 3S feet to 20 feet; 3} to reduce the required 33 parking spaces to 19 spaces (LDC §4.04.04.G.Table 17); and 4) to reduce the landscape buffer on the north and south property lines from the required IS-foot type "B," to allow a 10-foot wide type "B" buffer (LDC §4.06.02 Table 24), Staff offered the following analysis to support the recommendation of approval: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will comply with the LDC (provided the Variance petition is approved). The exhibit in the Application for Public Hearing entitled "Water/Sewer Demands" indicates that an analysis will be completed during the Site Development Plan/Site Improvement Plan (SDP/SIP) review to detennine what improvements may be required because of the change in use. For example, the water meter size may need to be upgraded and additional devices to address fire protection may be needed. Staff has included a condition to address water service and fire protection. Conditions have been added to address environmental concerns raised by Environmental Review staff during the review of the petition to ensure compliance with LDC environmental requirements. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic Oow and control, and access in case of fire or catastrophe. '- G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar e, 05\Tabemacle of Bethlehem. CU-2003-AR-4328.doc Page 1 r:ß 4 Agenda Item No. 70 March 22. 2005 Page 2 of 57 Ade~uate ingress and egress to and from the site are provided through two proposed access points on 3 Street South. The access point on the most northerly portion of the site provides access onto the property while limiting egress. The access point on the most southerly portion of the property provides the main egress for vehicular traffic with no means of ingress. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Though the proposed land use on the subject site will generate more traffic than the neighboring developed properties, the size of the tract and vegetation buffers should minimize the amount of noise created by vehicular traffic that reaches and impacts neighboring properties. Additionally, no glare or odor should be generated fÌ'om the house of worship. 4. Compatibility with adjacent properties and other property in the district. The surrounding properties are developed residentially. The limited nature of the proposed use, the relatively small size of the tract, and required vegetation and landscape buffers should adequately lessen any impacts on surrounding neighbors, thereby ensuring compatibility with the surrounding properties. FISCAL IMPACT: The approval of this conditional use request 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 conditional use is approved, the existing structure may result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. 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 PLAN IMPACT: The subject property is designated (Urban) Residential, High Residential District, on the Immokalee Area Master Plan Future Land Use Map of the Growth Management Plan, which allows churches. FLUE Policy 5.4 requires new developments to be compatible with and complementary to the surrounding land use. Staff believes a church at this location win be compatible with the surrounding land uses, The other applicable element of the GMP for which a consistency review is required is the Transportation Element. The Transportation Division reviewed the Traffic Impact Statement for the subject site and did not raise any consistency issues. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element. Based upon the above analysis, staff concludes that the proposed use for the subject site can be deemed consistent with the GMP. G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8. 05\Tabemacle of Bethlehem, CU-2003-AR-4326.doc Pegs 2 of 4 Agenda Item No. 7D March 22, 2005 Page 3 of 57 ENVIRONMENTAL ISSUES: The Environmental Review staff reviewed the Conditional Use petition and offered conditions to address their concerns, however those conditions were removed by the Collier County Planning Commission, noting that the proposed conditions would be applicable requirements for the project when development approvals are sought and thus unnecessarily repetitious as part of the conditional use approval. Environmental concerns will therefore be addressed when development approvals are sought. However, additional investigation has revealed that there are potential clearing and tilling (county issue) violations and wetland impact (South Florida Water Management District issue) violations on the site. County staff will be citing the property owner for the alleged violations and appropriate resolution must be taken by the property owner. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: This petition was not heard by the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on February 3,2005. Commissioner Midney made a mo1;ion to approve the petition omitting staffs conditions 5, 6, and 7, and modifying condition 8 (now condition 5); Commissioner Vigliotti seconded the motion. The motion passed 8 to I, with Commissioner Abernathy voting against the motion. The conditions of the approval are: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The Conditional Use is limited to the use of the existing building for a house of worship. No expansion or enlargement of the existing building is permitted. 3. Parking within 3rd Street right-of-way is prohibited. AlJ parking must be contained on-site. 4. The Conditional Use approval is subject to compliance with any conditions or stipulations placed upon the companion request petition, V A-2003-AR-4327. 5. The petitioner must seek development approval, i.e., SDP or SIP, for this conditional use. The SDP/SIP plans must reflect all improvements depicted on the site plan and the conditions noted above. A final local developer order (SDP or SIP and building permits) must be issued before the building's use as a church/house of worship. In compliance with the LDC, the CCPC made findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the items included in stafrs analysis, where applicable: G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\TBbemacle of Bethlehem, CU-2003-AR-4326.doc Page 3 cf4 Agenda Item No. 7D March 22, 2005 Page 4 of 57 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the CCPC and the Board of County Commissioners (BCC) must be based, That criteria is found in Chapter 1O.08.D (previously LDC Section 2.6.33.4.1) of the LDC, as quoted below: Findings. Before any conditional use shall be recommended for approval to the board of zoning appeals, the planning commission shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: 1. Consistency with this Code and growth management plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffIC flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. STAFF RECOMMENDATION: That the Board approve Petition CU-2003-AR-4326 subject to the following conditions as modified based upon the February 3, 2005 Planning Commission public hearing: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The Conditional Use is limited to the use of the existing building for a house of worship. No expansion or enlargement of the existing building is pennitted. 3. Parking within 3rd Street right-of-way is prohibited, All parking must be contained on-site. 4. The Conditional Use approval is subject to compliance with any conditions or stipulations placed upon the companion request petition, V A-2003-AR-4327. 5. The petitioner must seek development approval, Le., SDP or SIP, for this conditional use. The SDP/SIP plans must reflect all improvements depicted on the site plan and the conditions noted above. A final local developer order (SDP or SIP and building pennits) must be issued before the building's use as a church/house of worship. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review -, G:ICurrent\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\TabemacJe of Bethlehem, CU-2003-AR-4326,doc Pøge4of4 .,..-... Item Number _ Summ.ry M_no Dm Ag''''~:;~h~2N~O~~ Page 5 of 57 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7D Thil\ Item was continued from the March 8,2005. Bee meetin( and is to be heørd at the cn~Unuøtion ofthe March 22. 2005 Bee Meet~ to be held on Mftrc:h 23. 2005. This item requires that aU psrLictpsnts be swom in and Ð~ parte disclosure be provided by CDmmlSsion "1ltmblfra CU·2003ÞAR·432f1· Dieudonne and Lunie Brutus reprft&ented by Ronald F Nino, AICP, (1' Vanes.'Je Davlor, "'Questing Condltían.' Usp a)prD"Jøl In thp. Village Residential (VR) zonIng dlstrfc110r II church or house of worship tor the Tabernacle of Sethlehem Church pursuant to tOe Ser.1~nfi 2.04.03, Table 2 Md 1008.00. Property is an O.8liHlrJe lrøCl lucttted at 305 3m Street Souttt. in Sec:.tion". TClWnshlp 47 SOu1h, Rangt't 2£1 EIL"it. ¡mmokale.. Florida. (COMPANION ITEM ro VA-2003.AR-4327) 3/22120059:00:00 AM Prepared By 2/17/200510:41:63 AM Kay DIII.tlNtm, AICÞ Communit)' O.",.apmIUlt &. Environmental Servlco, D... Principal F'Llnner Zoning II L.nCl DrtVeløpment RevIew Oat.. Approved By S.",dr. LOlli CotnmuJ'ltty tlevllitupIYlent & f.""irunm~"tal SarviçIÞM Ex~utive hcretary Cafnmunlty Oev.lopment & fnylrnnlnœnt.1 Sruvic" Admin. 2f17(tOOS 2:!B PM D... Approved By Con.lance A. .Iohn.on Cunlmulltty OlWe!op'lUtrlt & El'lvlrOhnlent81 Services Oper.-tlo". An.lytll COlmnuntty O.I,IIIKJþlJ\ent & Environmental S.rvice. Admin. 2116/20061:0$ PM Onl.. Approved By SU'OI'J Murruy, oI\lCP Community D5'VelDpment I- EIIYiralllnlttlt., S!!Ivlt:e.. Zoning & Lind Develo,,",ent Dlrtlc:tQt Zoning" Laf1d Development Review 2(18120U61:1t.1 PM Do" Approved By Donald l. Scott TraneportlQn S"I"\fICI!II r,an.portetlon Planning DIOtC"tul Tran.portlllon PI_""'ng 2/22/20U6 11:15 AM 0... Approved By Pat,lc)¡ G. Whit!! CClIn(y Attorney Anl,tant County Attorney County AttotnClY ornce V22/2005 5:05 PM D.~ Approved By R~y 8allowf Community rJltVeløplment & EnvlrunIMllt.¡ S.rvkes Ct,ìlt'f P¡lInnar Zarling & Land Oevelopment Review 2.'2~/2(tOS S:13 PM 00" Approved By JO",Oph K. Sct'ttnltt Community Oelll!lopment" EnvlrønrnClntftl Servicrr$ Cu,nmunity Devlt)pm.nt & En....íronma-nt.1 Service. Admin8trato, Comn,unlty OeV.loþtnent & E'lVlrønmonta' $.,....u::o, Admif' 2'2J'2006 6:"'3 PM 0... Approved By Norm f" r:ndtlr, AICP Tranapert/on S.",ice.. TMn.portmlon Dlvl,ion Adminl.tr,tD( Tr.n¡.pcrtltion Servle.. Admin. 2124{2005 1 :05 AM 0... Approved By OMB Coordinator CQu,.dy "I""A¡¡Cr'lI OfflQfI Administtlttvlt' Ani.tlnt Qttir.e of MMIIgltm"'nt & ßUØIJIrt 2126/:1:005 to;1[\ AM D..lf! Approved By Miflrk ¡...ok,Qn COLlrtty Mlllulger'a 0"1c:_ ßudlm AnìJty.t O"ke of M.n..."wm..nt I.ldudget 31141.200510:30 AM O'lt. Approved By MIchael Srn~kow.kl CO\In1y M..nager'. Otrlç.¢ MJolnag."~nt & 8ud;_t [)Irøc:tor OM'lce of Man.gement & Budglllt 311...'20Q511:1<4 AM DIW Approved By Jemu V Mudd 8eard of County Commi..lonftr... County M,InlllljClr CQ\mty Munallet'. Qffic:n 3/141Z00S 12:53 PM Agenda Item No. 70 March 22,2005 Page 6 of 57 Co~T County - ~~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: JANUARY 6, 2005 SUBJECT: PETITION CU-2oo3-AR-4326; TABERNACLE OF BETHLEHEM CHURCH COMPANION ITEM: V A-2oo3-AR-4327 PROPERTY OWNER/AGENT: OWNER: Dieudonne Brutus and Lunie Brutus P.O. Box 0386 Miami, FL 33238-0386 AGENT: Ronald Nino, AICP Vanasse Daylor, LLP 12730 New Brittany Boulevard, Ste. 600 Fort Myers, FL 33907 REOUESTED ACfION: The petitioners request approval of a Conditional Use in the Village Residential (VR) zoning district to allow a church or house of worship, as specified in Subsection 2.04.03, Table 2 of the Collìer County Land Development Code on 0.69 acres. GEOGRAPHIC LOCATION: The subject parcel is located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Collier County, Florida (refer to Location/Site Map on page 2). PURPOSEIDESCRlPTION OF PROJECT: The petitioners seek Conditional Use approval for a church or house of worship that will allow the existing building to be converted to a church (refer to the Conceptual Site Plan for details). The existing building most recently has served as a boarding house. The petitioners have submitted a companion Variance petition, V A-2003-AR-4327, which will be heard with this Conditional Use petition. In that Variance petition, the petitioners are seeking CU-2003-AR-4326 January 6. 2005 Collier County Planning Comml88lon Page 1 d 5 "- Agenda Item No. 7D March 22, 2005 Page 7 of 57 the following variances for the proposed church use: 1):from the minimum one-acre lot area; to allow an existing structure on a O.69-acre tract to be converted to a church use; 2) to reduce the front yard setback ÍÌ'om the required 35 feet to 20 feet; 3) to reduce the required 33 parking spaces to 19 spaces (LDC §4.04.04.G.Table 17); and; 4) to reduce the landscape buffer on the north and south property lines from the required IS-foot type "B," to allow a IO-foot wide type "B" buffer (LDC §4.06.02 Table 24). SURROUNDING LAND USE & ZONING: North: East: South: West: Mobile homes, zoned VR 3M St. S., then mobile homes, zoned VR Mobile homes, zoned VR A lake, zoned VR '~ :II W" 5= ... .~. '" " AERIAL PHOTO ZONING MAP GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive P1anning staff has reviewed this request and offered the following comments: The petitioner's property is designated (Urban) Residentia~ High Residential District, on the Immokalee Area Master Plan Future Land Use Map of the Growth Management Plan, which allows churches. FLUE Policy 5.4 requires new developments to be compatible with and complementary to the surrounding land use. Staff' believes a church at this location will be compatible with the surrounding land uses. The other applicable element of the GMP for which a consistency review is required is the Transportation Element. The Transportation Department reviewed the Traffic Impact Statement for the subject site, and did not raise any consistency issues. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element. Based upon the above analysis, staff concludes that the proposed use for the subject site can be deemed consistent with the GMP. CU-2003-AR-4326 January 6, 2005 Collier County Planning Commission Page 2 d5 Agenda Item No. 7D March 22, 2005 Page 8 of 57 ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use win not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use win be met; and 3) satisfactory provisions have been made concerning the fo11owing matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project wi1l comply with the LDC (provided the Variance petition is approved). The exhibit in the Application for Public Hearing entitled "Water/Sewer Demands" indicates that an analysis wi11 be completed during the SDP/SIP review to deteImine what improvements may be required because of the change in use. For example, the water meter size may need to be upgraded and additional devices to address fire protection may be needed. Staff has included a condition to address water service and fire protection. Conditions have been added to address environmental concerns raised by Environmental Review staff dwing the review of the petition to ensure compliance with LDC environmental requirements. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of tire or catastrophe. Adequate ingress and egress to and from the site are provided through two proposed access points on 3rd Street South. The access point on the most northerly portion of the site provides access onto the property while limiting egress. The access point on the most southerly portion of the property provides the main egress for vehicular traffic with no means of ingress. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Though the proposed land use on the subject site win generate more traffic than the neighboring developed properties, the size of the tract and vegetation buffers should minimize the amount of noise created by vehicular traffic that reaches and impacts neighboring properties. Additionally, no glare or odor should be generated from the house of worsmp. 4. Compatibility with adjacent properties and other property in the district. The surrounding properties are developed residentially. The limited nature of the proposed use, the relatively small size of the tract, and required vegetation and landscape buffers should adequately lessen any impacts on surrounding neighbors, thereby ensuring compatibility with the surrounding properties. CU-2003-AR-4326 January 6, 2005 Collier County Planning Commlaslon Page 3 of 5 ENVIRONMENTAL ADVISORY COUNCIL ŒAa RECOMMENDATION: Agenda Item No. 70 March 22,2005 Page 9 of 57 The EAC did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: The Neighborhood Information Meeting for this petition was held on October 24, 2002 at the county park in Immokalee. In addition to the applicant's agent and county staff, two persons ITom the public attended the meeting. Those two persons voiced support of the proposed church use on this site. STAFF RECOMMENDATION: Staff recommends that the Collier COWlty Planning Commission recommend approval of Petition CU-2003-AR-4326 to the Board of Zoning Appeals, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The Conditional Use is limited to the use of the existing building for a house of worship. No expansion or enlargement of the existing building is permitted. 3. Parking within 3rd S1reet, South right-of-way is prohibited. All parking must be contained on-site. 4. The Conditional Use approval is subject to compliance with any conditions or stipulations placed upon the companion request petition, V A-2003-AR-4327. 5. Permits or exemptions must be obtained ftom the South Florida Water Management District (SFWMD) for any impacts within 25 feet of the top of bank: on the lake located on the northern part of the property. Permits and exhibits, or exemptions, must be supplied to the County before SDP/SIP approval. 6. The petitioners must provide a detailed native vegetation inventory at SDP/SIP submittal, subject to review and approval by Environmental staff. 7. As part of SDP/SIP submittal, the petitioners must provide an analysis addressing the potential need to upgrade water service or fire protection facilities. If the county determines that additional action must be taken, the petitioner must comply at no cost to the county. 8. The petitioner must seek development approval, i.e., SDP or SIP, within 6 months of the approval of this conditional use. The SDP/SIP plans must reflect all improvements depicted on the site plan and the conditions noted above. The development approval must be issued before the building's use as a church/house of worship. CU-2003-AR-4326 January 6. 2005 Collier County Planning Commission Page 4 of 5 Agenda Item No. 7D March 22. 2005 Page 10 of 57 PREPARED BY: KAY DESELEM, 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: JOSEPHK. SCHMm,ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION Collier County Planning Commission: DATE RUSSELL A. BUDD, cHAIRMAN Staff report for the January 6, 2005 Collier County Planning Commission Meeting Tentatively scheduled for the February 22, 2005 Board of County Commissioners Meeting Attachment: Findings of Fact CU-2003-AR-4326 January 6. 2005 Collier County Planning Commission Page 5 of 5 17 18 15 LOCATION MAP Agenda Item No. 7D March 22, 2005 Page 11 of 57 51 j . . SITE MAP PETITION 'cu. 2003· AR· .3211 .'.------ ~ . Agenda Item No, 70 March 22, 2005 Page 12 of 57 APPLICATION FOR PUBLIC BEARING FOR: CONDITIONAL USE Commission District: . . . RE-SuBMITfAL Date Petition Recelved: _ CU-2003-AR-4326 PROJECT #2002060036 Planner Assigned: DATE: 9/11/03 KAY DESELEM Petition No.: ABOVE TO BE COMPLETED,BY STAFF 1 . General Information Name of Applicant(s) Dieudonne BrutUs Applicant's Mailing Address PO Box 0386 .- -.- City Miami State FL . Zip 33238-0386 Applicant's Telephone # Fax # Applicant's E-Mail Address: ..- --'-~ame of Ageñt Ronald Ntno. ~P--Pimr- '--Vana$Sè' Davlor LLP" .. ..--.--. Agent's Mailing Address 12730 New Brittany Boulevard, Suite 600 City Fort Myers State FL Zip 33907 Agent's Telephone # _239-437-4601 Fax # _239-437-4636 Agent's E-Mail Address: nrlno@vandav.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 61241Q2 Agenda Item No. 7D March 22, 2005 Page 13 of 57 - Complete the following for all Association(s) affiliated with this petition. (Provide additional sheetsifnecess~) 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 -------þ-...----,.,..-.-.- -Þ--.Þ'·_·_______.._o',_._,.... MO.,___.__.....___ ~ 2.' Disclosure of Interest Information: a. If the property is oWned fee simple by an JNDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage ofsuch interest. (Use additional sheets if necessary) , N amc and Address Dieudonne Brutus Percentage of Ownership 100 --. APP1.ICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 6124102 Agenda Item No. 70 March 22,2005 Page 14 of 57 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office 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 LJMITED PARTNERSHIP, list the name of the general and/or limited partners. - .._.~_. _0.______ __" ... 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 Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6114102 -..---."- . ... Agenda Item No. 70 March 22, 2005 f, If any contingency clause or contract terms involve additional partie~aHit1~f 57 individUåls or officers, if a corporation, partnership, or trust. - Name and Address g. Date subject property acquired (2/4/02) leased (X): yr.lmos, Tenn oflease If, Petitioner has option to buy, indicate date of option: _N/A_ and date option terminates: _N/A---J or anticipated closing date _N/A . h, Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest fonn. 3. Detaßed leeal description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies' of a recent survey (completed within the last six. months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: Tbe applicant is responsible for supplying the COlTCCt legal description. If questions ....._¢s~ çonce..z:¡µngt1le.Jega:I <;l~.s.C=1Ì.ption, all engin~er's. C?ertifica.~on or s.~Ie4~~ey may be required. Section: ~ Township: 47 Range: 29 Lot: Block: Subdivision: Plat Book ~ag~p~: Prop~I.J:)~#: o.ql~496qo.o.o.. ""0- ..... _...,.... ......._~_, . ,......_-..__......".~......"._"...... Metes & Bounds Description 4 47 29 Beg.at NE comer of West 380Ft. of 1 070Ft.ofNl/2 OfSE ~ ofSE~, Run S 150 FT. to POB Cont's S 250FT. (See attached legal) 4. Size of DrODertv: _250 Acres _0.69 ft. X_120 ft, = Total Sq. Ft.30,OOO 5. Address/eeneral location of subject Dropertv: 305 3rd Street South See Location Map Exhibit "A" APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE _ 6n4/0~ .-'---",.."'~""'~._,.- Agenda Item No. 70 March 22, 2005 PI 'd adcli' nal =_.t': . hi h fi I· I . tliip.age 16 of 57 e . easeproVl e any tio Ullormation w c you may ee is re evant to s . request. Immokalee is an economically depressed community and many of its residents are forced to walk to community services, social and religious functions, therefore it is important that social and religious functions, a mainstay of this population be readily available to the population. Small membership churches provide this social cohesion so essential in this type of environment and should therefore be encouraged. 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. x Not Applicable 10. Previous land use Detitions on the subiect DroDertv: 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? x Not Applicable . 11, Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise . . waived-during thepreapplication meeting.- . ....m._ a. A copy of the pre-application meeting notes; b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8W' 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. variousadvisoI',Y. board.s..such as the Environmental Advisory Board (EAB), or CCPe]; See Exhibit B · 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 s1ructure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, APPLICATION FOR PUBLIC HEARING FORCONDlTIONAL USE-6I24f02 ...---- ,·,,,,".",,,,,,,~___,,,",.,*,,,,"''''''''ê'''''''·" " Agenda Item No. 70 March 22. 2005 The nature of conditional uses is that they are basically compatible with '1ß.QeJle~f 57 permitted as a matter of right but for certain characteristics that require a.dê1itional evaluation for site specific application. Churches are conditionally allowed in the VR zoning district. By inference all development othetWÏse allowed by the Land Development Code is deemed to be consistent with the Future Land Use Element of the Growth Management Plan. The VR zoning district is considered to be one of those, zoning districts that are included in reference to properties deemed to be "residentially zoned", therefore, since the land is located in the Urban Residential, Mixed-Use designated area on the FLUM, which provides for residentially zoned development this petition is considered consistent with the FLUE because it purports to allow a use that is conditionally pennitted by said residentially zoned district(VR). b, Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catas1rophe: An existing structure will be readapted to house the proposed church. The property fronts on 3rd Street, a local street with access to W. Main Street (S.R.29) and I at Street South both of which are major streets. This area ofhnmokalee is characterized by a grid street system that affords unencumbered access to automobile circulatiQn. The street system provides convenient automobile and pedestrian circulation, traffic flow and control, and access in the case of fire or catastrophe, u. ---, -- c.,._De.iCriQft1:h~~ff~Hh~_co1,lditiQ~al ~~wULhaye op. IlejgþÞ()rIDgm:..oPert!~ m.x~lati~n to noise, glare, economic impact and odor: .. _.___n._ This is a small minor denominational church and to this extent will see limited active use durations, although churches by their very nature irrespective of size are characterized by peak usage on weekends and limited use during normal workdays. The fact that the church has a small membership many who by economic cÌrcùmstances will walk to services can have no economic ~pact and should not have an impact _~~ bl!8~ on odor and glare from automobile headlight or site lighting. Noise levels should not exceed those of normally associated with a residential environment. Residential development is sparse in this area. (See aerial photograph). d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district Churches are not by their nature invasive uses. Use is limited and depending upon its membership, those periods when church services are held should have a minimum impact on nearby properties, Most nearby properties are in non-residential use and should not be impacted by a church. Given that churches are conditionally pennitted the underlying presumption is that they are compatible with the uses pennitted by right in that zoning district. e. Please provide any additional information which you may feel is relevant to this request. APPLICA nON FOR PUBLIC HEARING FOR CONDmONAL USE _ 6124/02 _.~- -----"'--.""-.....---,. Agenda Item No. 7D March 22, 2005 Immokalee is an eConomically depressed community and many ofits residents 'ifee 18 of 57 forced to walk. to community services, social and religious functions, therefore it is important that social and religious functions, a mainstay oftbis population be readily available to the population. Small membership churches provide this social cohesion so essential in this type of environment and should therefore be encouraged. 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. Not Applicable 10. Previous land use Detitions on the subiect DroDertv: 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? Not Applicable 11. Additional Submittal reQuirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unleSs otherwise waived during the preapplication meeting. _____.__a.___Acop}!: ofthepre.-applicationmeeting notes~ .0- ---.--' ..-. _.~.,- .----- b. Sixteen (16) copies 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 evaIuationfor distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe); See Exhibit B · 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), · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), APPLICATION FOR PUBLIC HEARING FOR CONDmONALUSE - 6124/02 Agenda Item No. 70 March 22, 2005 ed d/ ., 1 ds· d b..~ . b· ed b P..age 19 of 57 · propos an or eXIsting an capmg an u..uenng as may e reqUJ.II Y me .. County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (BIS), as required by Section 3,8, of the Land Development Code (LDC). Waiver d . Whether or not an EIS is required, two copies of a recent aerial photograph, (taken . within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shaIl be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System.. See Exhibit "C" e. Statement of utility provisions (with all required attachments and sketches); See Exhibit "D" f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; Waiver ,.,-. 9 . A historical and archeological surVey or waiver applicatiQn if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); ..-----..-.-...~--.-----N/.A.___.__ .-____.__..__H.. _. ____._._ _ _ ______ _._. ___ . h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal pennits. ~¡----_."'---_..."'.~"""'~.~-.~'-""""'-""""""'."'--;"';-~-- APPLICATION FOR PUBLlC'REARlNG FOR CONDmONAL USE _ 6124102 _CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMrLETED CHECKLIST IS TO BE SUBMITI'ED WITH PACKET! Agenda Item No. 70 March 22,2005 Page 20 of 57 APPLICATION REQUIREMENTS #OF NOT COPIES REQUIRED REOUIRED 1. Completed Application 16* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners ü a Con oration 3. Completed Owner/A.¡ent Affidavits, Notarized 2* X 4. Pre-application notes/minutes 16* X 5. Conceptual Site Plans (including (1) 8-112 X n copy) 16* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - enS) 4 Modified X 10. Historical & Archaeological Surveyor Waiver 4 X Ãönlicatión- -- 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Data Conversion Fee, Check shall be - X ----made-payable-to-C-ollier-€ounty-B-oard-of--- -- --- -- - ___ ._. ._e. 0.. ~ Commission en 14. PUBLIC PARTICIPATION MEETING: X APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property ownen, cMc associations &, property own-erassociations were notified. ...- - -....--..--- -~.. - ._- .. Copy of audio/video recording of public meeting Written account of meeting. RE-SUBMITI'AL 15. Other Requirements - CU-2003-AR-4326 PROJECT #2002060036 DATE: 9/11/03 KAYDESELEM , . ... Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is inc in' submittal package. I understand that failure to include all necessary submittal information may result in e delay 0 roces' g . petition. O~~~-Q3 Date APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6124/02 ~ /-) (i) .r) Agenda Item No. 7D March 22, 2005 Page 21 of 57 - . AFFIDA VIT Wen. ~~/ $¿/' 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; tþat 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 'WelI/urther authonzeV o..V\OtõSe ~ V\ - I . LLi> as our/my representative in any matters regarding thz's Petition~ .to act ·'~~~A ~ture of Property Owner Signature of Property Owner --i: }e.l/~~~r- 'Ped or Printed Name of Owner ---. ~ -..- ....- Typed or Printed Name of Owner _. .-. *.~,_._-" The foregoing instrument was acknowledged before me this /, day of ~ ð 6'JIt... . . ..~._-_. 20-C):J.¡.bY-l~ b~ wh().is-pers(}nally-1awwR-tQ-me..()T-has-;~ed-__. ..... þl..b.. 8," 3::2. lie, 0 'II ft.1TÐ as identification. ---_. *_._.- ......-.. ..-- State of Floridà . County of Collier {Ja-~ (Signature of Notary Public - State of Florida 'R MY...... ...., PIIIIo. ..or IbIdI .., .. .... ... 4, . (Print, , Name oj Notary Public) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ (i124/0~ RE-SUBMITI'AL CU-2003-AR-4326 PROJECT #2002060036 DATE: 9/11/03 KAYDESELEM "..- ---.--- Agenda Item No. 7D . March 22,2005 Page 22 of 57 ADDRESSING CHECKI,'S'r P1cnsc complete the !olIu'\.ving and submjt to the Adðrcssing Section for Review. ~lItl1ten1s wlH 8PP!\" to every ¡ro1ect. ·Jten¡s in bold tyøe arc l'C(Juired. . J, l.etaJ description urltl1bjec:ttropct1.y ()r properties (,"'0]')1 oflt!llgrhy tk!:crlptlDn mø,y he ill/ached) See a -t:Þ ,. ~.Q (; . ~ - . ~, f9UO (Pr~p~rty ID) D~mb::r(5) ofabavc (attar/¡ to, or w.'ìociat~ with, legal d~('r¡pû()n if~/ore tha71 one) 00 \ ¡ '-1 ~ f...y DC)' -'.0 . .- 3, Sn:ct address,.n; ad<!rcSSCJ (as CJ.l'plir.abk if already o..r;slgnDd) ~;.)5 ~.::e ..::.-trec.>'+ ........""'t.,.c-t"h . 4, LOC8tfon map. s¡{owing cxnct lucation ~f projcct/~jt= in ~lation to neur=st pubtic road right-oJ'-w.lY (atttlC'h) S. ~opyofsur\lcy (N~Hl)i:m ONLY FOR UNPLATTED PROPëRTŒS) "" I.c.. 6, Proposed proj~t name (if (Jl'plir.ah'ð) . , 7. propošëd stri.-èi names (lfClpp/iClJbI£.) 8. SHe Development Plan N~~ber(POR EXJ!;TrNO PROJECTSlSfl1:S ONLY) SDP 9. Petition 'J'ype':'" (Còmpl Cl~ H S =parate Addrcs¡,;ng Chcddist rOT each P eriûon Type) rJ SDP (Site D(':vcJopmcnt Phm) [J PPL (Plsns &. Plat Rcv,,:~w) a SDPA (SDP Amendment) [J PSP (Preliminary Subdivision Plat) D SDPI (SDP lnsubslanliat Change) C FP (Final Plat) ~ D SIP (Site Improvement Plan) - C] LT..A (Lot Line Acijustmcne) . _ _p. SlP-A-(.si-P-Amendrncnt}-- .- D m::(BIãSlmgPerrriftr -..' C SNR (Street Narnc C'nange) 0 ROW (Right-of-Way Permit) .9Negetï.tion/êXOli<: ~al Pcrm;l'l} l:I EXP (Excavation Permit) s;s.t.and Use Pctitiun (Yariancc.~onù111~1 U!!C~ 0 V RSfP (V~ Removal & ~¡Le Fill Permit) . Boat DQCk Ext., Rezone.. PHD- ru.Ònet etc.' . . t:/Qthcr - Di=sçril'lc: . 10, Project or deve1opmC'~ï names proposed for. or already Appcarlng in. <:ondomjni~ doctlnlcnts ("¡r;ppUcable; intJiwe wheth~ proposed or ex.isting) .' ." . ,..,..-- .-' ------.~ -- ..--- _.. .._.~._-----~~------------- 11. Please (''11cck One: )i¡ Ch<:ck1ist i~ (0 be Faxed BålCk' [J PerSonally pfcic.ccÌ Up 12. Applicant NRm,) \ ~ ~r""I' e,;.LJ¿ . Phoae Y~-~.).3 Fh ~u 3.. SD.. &"'J 1..0 ) 3. SiW'ature on Addrossing Checklist docs not constitute Projt=Ct and/or Strc:ut Nam¢ approva1 anó is subjcct to "(\,ui}u:rrn:vi=w by the Aüdres1ling Sect·ion. FOR $TAFF USE ONLY Prim..ary Number æ,p \~ AçJQrcs~ N\I1TIPef Q Addrc8~Number ).. . .n.. # /1/1 ...' Ad~rcs5 Numb~r _ Appråvcd by m-7L/VLr J!{Dale --B -1 -0;;: REC~\'1EO ~. &·"11 e.J'I'LlC·,I,"MOO': .ÍroKl'l.ln.:t(· HF:ÅR'NG FOR c~mmITIONA,L l!St: _O]r.znøn RE:SUBM.lIT AL CU_2003-AR.4326 . PROJECT #2002060036 DATE: 9/11/03 \.& \.c.ke(e.. )A ~~ ~ ßI,,,~EM. y'" -^ Agenda Item No. 7D March 22, 2005 Page 23 of 57 -- '-_........~ ~ ~' ... g -- a Î ... ""I10Il"/ - LOTI,J,4,"...., _ ... I'IRUT .. ,.. ~ ... ~ ...- ~ ô ! LEGAL DES~RrPTlIIN I£GINNING A T THE: MJRTHE:AST CORN£11 OF' THE: WE:ST :J8fJ n:ET IJF' THE: EAST 1070 FrET OF' TI£ MJRTIi HIlL,. 01' THE: SatJTHE:AST DlJARTCR 01' THE: ~~~¡,.kWAf:"f..ff EffBr: :X;:T~P 47 "~ORtlJ¡l THENCE' RUN SOfITH IILDNG THE £AST IfJUNDAllr tritE: IJF' SI4lD TRACT "'.ST 3/10 f'£r:T 01' THE ¡:AST 1070 ,.r::r::T TRACT A DISTANCE OF' I!III Fr..T Ta THE: POINT t:1F" I£G1NNING OF' TRACT HERf:lN DCSCRtl/CD¡ Tl£NCE Cl1NTlNUING SOfITIi "'UING SAID EAST IlDUNDARr LIN£: IJF' SAID TRACT A DISTANCE IJF' no ,.r::r::T¡ THENC. RUN VEST lea mTJ TH£NCE: RIJN _TH no FTET. Tl>£NCr: RUN tAST leo I'CCT TO II POINT 01' KGINNINII. WD PRDPF:RTr KING ALSO DCSCRIKD AS ~aTS J, 4. " , AND 7. OF' A HAP Of' A SIJ'DIVISIDN PfiOPOSCD TO BE RE:CDRDCD UN«R THE NI4Hc (If' I.AK. VÆ'V PROPE:RTIES. ~ --f=:=- ~ ., . MIl"" II GRAPHICSc.\I.E: ....... ...... ŠOUTH ISõ'OO' (Dc!cIoI) (B.O.B.) "",.. ~ IIUØ I. .... .. JAM_ .. hC' IAn 1'ItN:1' &.DC AI ... ....m IL 1LEV..r_ _ ... Itf N4V," "" UJlUn JCft't&. .. nru MMlaÞCM'I _ iii IUIIrNITw. iIKEtO, 'lnTM ",..n ......... KU ÞU.I: !,lUll IGfUL .. ......r TI WØCln'I " IICCØII. .. AII'IMCT tGT IEYK\O. .. UVÞIII CI:I'YIFICIITDI IGa IOf ~1' TO I'MTTtIIf 1:1' mL.£., .... III ,... or ~. NIl 11 l1li' v....... vtMllf rNI' "'nIII' MI ~ _1ft JÞC. "" nJItIM UCPICI ,". MWlC"!'M.... ~ .' 1'. fG LMIØIUII UfLIJJEI. f'CI.IIIIMTIONS 1M DncI ~ .- ""lIILUfØfI vør UIICoIITn '''1.111 IIGWII . I&. ÞG DTICI ..... III' ØITII1a. .,tCI ftWf .tacNtf. . MY". .. ha. 1NrIC't. t. IIiIJ. ..... ME .. 'In Nfl JIDW.S ftCCI', "I:'Mf'~=-- "' CUINY. crJrTr,.rl::ATrnNl J cøt" '*' 'IWII uvc.:r "'''I HoWl; UNIU MY IOECTlON .IN' '*' IT MU'I ~~~ow.ß;O:':'~~''':'=IY'''~ CMIPTØ 47&11'. ~ rr_nnu, JRD. rTRE£T S. I I ~ :.. ¡v,,: .. . 11:'. fr ~..... ..... tB F-'Dt MIl . MIl .,.... NtIIIL _::;rIlIC I ItIV ,. NL .,UIIJI,t,."..,. N4I .. . . . ICAaMI ~~~IC· if~·: Ow,.~=1 ,Þ . I'Ur BOUNDARY SURVEY ~,. ·~""'1IDtf I ".",. '4.C..,..." II' :if '. D.IIII..JIK¡ ~ me I I....' ... . iii'" _Vi...., ft& 'rT " .uc: a. IIN By.7....æ-,.. .1: d--".£! niCMAS E:. RHCÞE:S S". PSM 15854 TABtRNACI..£ IIF' BtTHLO£M DltuDIIIINt MUTUS - P.ST~ RHODES lit RHODES D SUl/V1:Y1HG. tHC UCBNSE ILB BBPr 14'0 RAIL IIII:AD BOUUlVARD, #1 NAI'LBS. rI.ORID.. MUO (P.~A\ ftA:\-flft7n f~"A' An_nl\,U "IV Folio No. 00124880000 M.II1 Agenda Item NO~e 1 of 1 March 22, 2ÕÕ5' Page 24 of 57 D.etails OWnerNam. BRUTUS, DIEUDONNE=& LUNIE Addresse, PO BOX 0388 City MIAMI II Statln FL . Z\ÞII33238·0000 Legal 44729 BEG AT NE COROFW 380FT OF E 1070FT OF N1/2 OF SE1/4 OF SE1/4, RUN S 160FT TO POB CONT S 260FT, W 120FT, "For more than four IIn., of Leg.1 Ducrlptlon pl.... call tne Property Aooral8."'1 Offlc.. 100 1 AerM 0.69 Strap No. 472904 084.0022E04 Section 04 Town.hl 47 Sub No. -t Use Code ACREAGE HEADER SINGLE FAMILY RESIDENTIAL 5 M.I.UAa 15.9365 2004 Final Tax Roll Latest Sales History LAnd Value S 13,800.00 (+) Improved Value S 87,670.00 (-) Market Value- S 101,470.00 t-) SOH ExemDt Valu. S 0.00 (-) .u,8S88d Value S 101,470.00 (:) Homestead and other ExemDt Value $0.00 (-) Taxable Value S 101,470.00 Date Book. Paa. Amount 021 2002 2974 - 3169 S 80,000.00 11/1896 2254 - 2183 S 0.00 SOH. "Save Our Homes" exempt value due to cap on assesament Increaaee. .-..-..- ----.-. .----'- ..- -, - ._--- ..._.. ,...--.- ... - -- ._- ..........-. .. -,-. -~ ..- ..-----------------.-..--..-..--..--- --.-...- ---..--------....-.-. - .-' -- .-.,. . - The Information 18 Updated Weekly. http://www.collierappraiser.com/RecordDetai1.asp ?F olioID=OOOOOOO 124960000 12/2/2004 ·tiep U~ U~ lU:15a Dj1n~ Brut us V .;' .' ~S INSTRUMENT nBPAltEt> B"': }(.eMtith K; TbOrDpIO~. 'Esquire 1150 Lee Boulevard. Suite t Lehiah AcrtS.F'lorida 339'6 'Parcel I.D. No: 0007760001 " 941 -262 -Sl71"A d It N 11\-1 .' gen a em 0: fLY " . 1'If'~~ ~. 2005 , . 'P~~i5 of 57 . '292U u!: 2974· PG: HQ' ItcOllllla omens. IlCOlDi of co~Wl Cion, lI. It/.t/2UZ at 1t'l7U IItIlt I. JIDCI, alii . , eel. ImO,al DC na 1t.5. øoc',10 m.DO e5/21/2Ðe2 89:58 19~IJ6~~~&3 or--- ~..þ' -- . " "~I IDIItI t ,.,10. nSt 'Ii t¡WI '11 ~J~"ONClU) . I TRUSTEE'S Dp..D . TIllS TRUST DEED made tb~ ~daY of January, 2002, by M.\RG~ HAZEL , ClŒWS, u Trustee oftbe JIM PAUL CREWS ..4 MARGARET HAZEL CREWS TRU~ ~GREEMENT ullld 11122196, whose mailing addresa is POIt Oft1ceBox 1S7,lnunDkDl~c. Flonds 34143. hereinafter r.(erred to as "Grantor," for and h,\ coNidc.tion of,the swn of ~ AND NOI100 DOLL.ARS ($ J 0.00) and other valuable consideration, recclpt whereof IS hereby Iclœowledl"d, paid by TABERNAa.E OF BETHLEHEM INTERNATIONAL MISSION. HOLINESS TO THE LORD. INC., a not-Cor-profit P10rida çorporat:i01Jt wbo~ address is ~pO West Driv., Opalocb, Florida 330S4and whose Tu fdentification No. is ,~-m -'5a~"ID ~ and DIEUDONNE BRUTUS aa. LUNŒ BRUTUS. hus'blnd and wifc, whose mailing address . - _Js 900 Opapocka 9ou1=vvd~Miaml, Florida 33054, and whose Social Security Nos. are 5)fl6( 5" /. ð'~- ~,Lr"1 ..Lót'--~L.ç'.ð-,¿..,·.vf4!c:rc:i~crrefcm:dto.., "G:rmtoo,,' çonVC)'~ to . Graznec the foUOWlnR real property Ìn Collier Couaty, Florida, to-wit: - ... - _...~_. .". . ...-- .-. - .. -. ... -- '. . - - . -.'--.. BeJÙU1ing at the Northeasc comer otthe West 380 feet of me East t070 feel oftbe North half of the Southeast qWltter ofSeçtion 4, Township 47 South, RlDae 29 East, CoDicr County I Floridl.; thel1C4 n.an South 1\0111 the East bouodary line of said tract West 380 feet of the East 1070 feet tract a distance of 150 feet to the poiast of beginnin¡ or tract herein described; th'n¢1 eontinuln¡ South atoAI Aici East , ~Hnc-of-sùd-tr&Ot-B-diItIU1CC"OH'O·feet;-thence-nm-w...ti:2Hcettth.~ncr' - - run Nonh 250 feet; thCI'1Ce nm East t 20 feet to a point ot be¡inning. Said propert)l being a1so described as Lots 3.4, 5, 61U1d 7 of. map ofa subdivision proposed to 'be recorded ~c!cr the name of Lake View Properties, .' '-,' -"ll..;:;..:r,~~N!, ~~ C~VENA,' _~~ ~tb Gr, ',' antec, th~g~, llWtor hi, ~ 1,0, ad, ri¡h~ an, .d lawful authÓ:ity to le~ alN,conveY!fle F9PW!iY-.ng (;rant,or WAn'-nots the~tJC? to th~ propert)' fol;' e,ray:~tI ot QrllJtur " and win defend me tide against th.t lawful cJain\s of aU perlOn! elain1in¡ by, throu¡h or Wlerer .. c::m.nJQr., _ ,,' ,_ , , ,.' . '" , '" , '-_.~'--- .-.--. ~."._- -.-. IN WITNESS WHEREOF, the saId Grantors have hereunto set their bands and seal. th. day and)'C:ar rust above written. " Signed. scaled and delivered , in tht presence of: '. ..,¿;::::; . (S!~ ~_~Þ...<~_ J ~\) ~.' -. __C M ARETHAZ CREWS --' CU-1003-AR-4316 PROJECT #1001060036 , DATE: 6/17/03 t\\ d.e.t 'to tK.o.. ~ - KAY B1tSEt,EU (COMPANION TO'V A-1003-AR-4317) ..- '. /~~) /) , Agenda Item No. 70 March 22, 2005 , Page 26 of 57 CU-2003-AR-4326 PROJECT #2002060036 ' DATE: 6/17103 U¡' I - ~ /Uo..: ..l'/IN ú.&I.LEM r\ t1f..ß{t 7~ (COMPANION TO V A-1003-AR-4327) WATER I SEWER DEMANDS for TABERNACLE of BETHLEHEM 305 3M Street South Immokalee, Florida (Church) Conditional Use Request Prepared for: Dieudonne Brotus 900 Opa Loeka Blvd. Opa Locka, Florida 33054-3910, _._._._--~-- - -- ~._-- Prepared by: ' -. ._---- . ---- VanasseDaylor . 1213.O..H~Brittany-, Blvd.,_ Suite. 600 Fort Myers, Florida 33907 V&D Project#,40206.06 Approve4 by:' " 'Date':' " ~/t'"Z- #40156' ,. .--. .- . ÐCHUT 0 \ ,. . C") TABERNACLE ofBETB1.EHEM WATER/SEWER DEMANDS /--) Agenda Item No. 7D March 22,2005 Page 27 of 57 I. Existin2 Conditions: A. Potable Water Service (Immokalee Water and Sewer Dis1rict) The existing building has a Slsn water meter feed by an existing r' diameter water main on the western side of 3M Street South. B. Sanitary Sewer Service (Immokalee Water and Sewer District) The existing building has sanitary sewer service by an existing gravity sewer main in 3M Street South. II. Proposed Conditions: A. Potable Water Service (Immokalee Water and Sewer Dis1rict) The existing building will require interior remodeling to convert the space to accommodate the proposed church use. During the SDP review the proposed facilities will be analyzed for the need to upgrade the water meter to a size compatible with the proposed use. During.· the· SDP review it may be determined-that additional-fire protection may be needed for the proposed use in the existing building. The installation of a new fire hydrant on the comer of Colorado Avenue and 3M Street South could remedy this situation. '---- B. SaniWy~er..Se.rYiçe (Immoka1ee-Water.andSew~ District) _. _ _.. ,__.. _.. The existing sanitary sewer service should not require modification to accommodate the proposed building interior modifications. ill. Avera2e and Peak Dailv Demand/Generation: . ··...0 _....._ _ ._. ... A. Potable Water (Immokalee Water & Sewer Dis1rict Water Facility) ~~····~'··~·~-~"_·_~·~·~~~1. Proposed User:· ----Churêh(êXisiiÏîgbuíIding, 35' x 145', 5";075 sf), -~-'-""----"---""'-'''---'- 2. Assumption: 35 to 50 anticipated members and 5,075 sf building Peak usage multiplier = 2.5 Irrigation water provided by another source 3. The following calculations are based on the F.A.C. 64E-6.008, Table I, Estimated Sewage flows. In order to adjust the flows ftom sewer to water 20% is added to the base calculation to produce water flows. - 4. Calculations: a, Average Daily Demand = 50 seats x 5 gpd I seat = 250 gpd Plus additional water usage'" 250 gpd x 1.2 ... 300 fmd b. Peak Daily Demand = 300 gpd x 2.5 = 750 fmd \\Naples _servcr\Docs\Projects\402\40206. TaSbemacle of Bethlehem. Rezone\ZoningW -S-FlowEstdoc .., i-~ TABERNACLE of BETHLEHEM WATER/SEWER DEMANDS ') Agenda Item No. 70 March 22, 2005 Page 28 of 57 B. SanitaIy Sewer (Immokalee Water & Sewer District Treatment Facility) 1. Proposed User: Church (existing building, 35' x 145',5,075 sf) 2. Assumption: 35 to 50 anticipated members and 5,075 sf building Peak usage multiplier = 3.5 3. The following calculations are based on the F.A,C. 64E-6.008, Table I, Estimated Sewage flows. 4, Calculations: a, Average Daily Demand = 50 seats x 5 gpd / seat = 250 2Dd b. Peak Daily Demand - 250 gpd x 3.5 = 875 trod IV. Totals: Avera2e and Peak Dailv Demands A. Potable Water Average Daily Demand Peak Daily Demand- = 300 trod = 750 trod B. SanitarY Sewer Average Daily Demand Peak Daily Demand = 250 trod = 875 trod ..-. -.-.--..... .-. -.-.-.- . . .--.--..-.--__._____~__.~_._________._____________,____.........,..._._., ..~~.,'...______ ............._...__..c____..;.. \ \Naples _ servcr\Docs\Projects\402\40206- Tábemacle of Bethlehem Rczono\ZoningW -S-FlowEstdoc """'""'",""~_il-"_",""",,,''''.'·'"''''''''''''''"_Y''''·''o' ,,,- · · · · · .J r; Imm~~~~~~ct ~_itfttöb Road Immoka1cc, Florida 34142 (941) 658-3630 FAX (941) 658-3634 · · ~: ~^~;l~)f; c~t;; i:f~ {L:~:~}:~~:,t:r:?:: {~:·'~¡.:~'::7 :~1;)~~;; ~~ ";': !', ,~¡~~~..;" !;r~"~:~~'~:~0~~T1!t !:~~.¡r~: ~ >';:~,.~',;1;}>;o'" ~i~;<'.: .f~ ;~J~4f,~¡· .~:<:;',"~«z;,r~*~<, "~á¡';~ ..<..~t-/~1 ~ ~~~~~~~" .'í:.,îll-~~~r\iiii . ¡.." L'_'~~)..~ '¡ ~:~;:¿:;~. i." i;Þ:";; ~:':'" .... / .'''"-"J~~.. .;.....~':~r«..:{;~.ß.~:t'..^x,:;. DATE: September 9,2002 COLLIER COUNTY OFFICE OF GROwrn MANAGEMENT 2800 N HORSESHOE DRIVE NAPLES FL 33942 TO BE COMPLETED BY um.I1'Y PROVIDER otber than Collier County Utilities Ladies and Gentlemen: This letter is ccrti1ication that Tmmnkalee Wider & Sewer District 1020 Sanitation Road. TlTI1T1nmll¥. FL 3414~ has the following ~lIi11i"g plant capad.ties and hereby allocates the fuUow.ing capac:ities to the property and owner(s) of record noted below: Wastewater 1'rea1ment Plant Potable WatJ:c Treatment Plant A. Remaining uncommitted capacity · .61 MGD · 1.3 MGD B. Availability of capàcity AVAILABLE AVAILABLE C. Service Availability A V An..ABLE A V An..ABLE Legal description of the property 305 S. 3RD IM1:tQ~ ~ COkldm"CQ~ ~-_.... UnitslLots ..ÇQ~., . Sa. Ft. Number of: CHURCH N/A Owner(s) of Record: DIEUDONNE BRUTUS CU·2003-AR-4326 A 0 PROJECT #2002060036 \1 . EXECUTIVE DIRECTOR DATE: 6117103 AI. ~(e ~ç~ ~I BEfil.BM I~ (COMPANION TO V A-2003-AR-4327) i.~ ... .... ...... .......... F) ..~-.." . ) Agenda Item No. 7D March 22, 2005 . Page 30 of 57 STORMW ATER MANAGEMENT REPORT for TABERNACLE of'BETHLEHEM 305 3rd Street South Immokalee, Florida (Church) Conditional Use Request Prepared for: -.......-..-... -- - -- -.- _. .._,._._-~--- . --.-..---¥----.--......--- ..-..---.. -- ..--. ._-. .'.-' ..."..---.-. ~- Dieudonne Brutus 900 Opa Loeka Blvd. Opa Locka, Florida 33054-3910 Prepared by: --.. -- --'VanaSsëDãytÕf .-.-- 12730 New Brittany Blvd., Suite 600 Fort M~ Florida 33907 ,..,---. " V &D Proieat #4t92D6.05 , . . .", . ~ . . . ._-" ._..- CU-1003-AR-4326 PROJECT #2001060036 DATE: 6/17103 JI A __ 1(.... y BE')JH.E~{ M.(.c.)...eJ€. rv~~ (COMPANION TO V A-Z003-AR-4327) ""- -, l" ) TABERNACLE ofBETBLEHEM STORMW ATER MANAGEMENT REPORT I. PROJECT LOCATION ~) Agenda Item No. 70 March 22, 2005 Page 31 of 57 The site consists of approximately 0.69 acres of developed land located in Section 4, Township 47S, Range 29E, on the western side of Third Street, Immokalee, Collier County, Florida. The site is bounded on the north by an undeveloped parcel, on the east by Third Street, on the south by a developed sitet and on the west by an existing ~de lake. ß. EXISTING CONDmONS The site contains an existing building with no paved parking or driveways. The western portion of the site fronts on an existing lake, The site surface water runoff currently flows to the west to an existing lake that overflows to the roadside swale of Third Street South. m. PROPOSED CONDITIONS The proposed site usage will consist of church related activities. The existing wet detention system will be utilized to store the water quality/quantity runoff from within the project. The site utilizes the existing wet detention systems for water quality and quantity storage, The existing-control-.elevatioD_ wil1--remain- unchanged~ It-is-assumed--that-any_existing. control structures were designed to accommodate the proposed project per Collier County standards. There are no flood routings provided in this report. The scope of this project is very small relative to the overall size of the existing lake tributary area. Furthermore, there is no stormwater design data available for the SUlTOunding subdivision. _._. ___ .___ _ ._ LAND USE: Land Use Lake '-' - Roofs Pavement -.."----~idewãlIé QDen/Green SDace Total Area (Ae,) " -··O..l-O-··-· 0.11 0.14 b.os 0,28 0.69 Percentage 14.68%· 16.32% 20.50% 7 .34%~---~~~~-----""-""'- 40.96% 100% -,-._~, ~.,----,,~-.._-, ~.~._- DETERMINE WATER QUALITY STORAGE: First lot x drainage area: In X 0.69 aé X l'/12n = 0.0575 ac-ft 2.5" X % impervious (weighted average): \\Naples_server\Docs\Projects\402\40206- Tabernacle of Bethleham Rezone\STORMWA TER.doc '---j TABERNACLE ofBETHL~BEM STORMW ATER MANAGEMENT REPORT } Agenda Item No. 7D March 22, 2005 . Page 32 of 57 , .. ., Drainage area for water quality: = total drainage area - (water surface + roof) = 0.69 ac. - (0,11 ac,) = 0.58 ac. Impervious area for water quality: = drainage area for water quality - pervious areas = 0.58 - 0.28 = 0.30 ae. Percentage impervious for water quality: = 0.30/0.58 = 51.72% = 2.5" x percentage impervious x (drainage area -lake) = 2.5" x 0.5172 x (0.69 ae. - 0.10 ac.) x 1/12 = 0.064 ac-ft Use the greater VWQ (2.5") = 0,064 ac-ft or 2,769 cf(or less than %" rise in existing lake level, if the existing building were taken out the calculations the lake rise would be slightly more than 'lS'') DETERMlNE-SOII.:-STORAGE~ _h Assume average depth to water table is 2' (min.) S = 4.95" (from C-llI-1 SFWMD Permit Information Manual IV) 40.96% of basin is available for soil storage, therefore, S = 0.2...8...~ 4.95" x 1'/12"= 0,1155 acft ___.w____··_·· .___ IV. CONCLUSION: The proposed project site has an existing building, which is currently designated for a different uso.-The .çhangCH)fusehwill necessitate thecons-truction parking; driveways, and sidewalks in accordance with the requirements of the proposed use (church). The driveways and handicap access features will be paved, however the bulk of the. parking will. be constructed of dust free ------stabilized materials. "This will limit thë ìñêreãse Tn onsite impërvi.ous covera.ge;-wfiiëh in-tum---------- will reduce the volume of stormwater runoff. The existing surface water management should easily accept the additional runoff with minimal effect on the system water level stage elevations. \\Naples_server\Docs\Projects\402\40206- Tabernacle of Bethlehem Rezone\STORMWA TER.doc ,~",;",_"~;,¡","""~,,,,"ooI!~<'¡'"'"""""'''"''''¡;'N·.·-'' .~. '..... Agenda Item No. 70 March 22, 2005 Page 33 of 57 ~ CU-2003-AR-4326 PROJECf #2002060036 , DATE: 6/17/03 Al I { J.A _ . IE:k'f DEæH:..EM ''''1 IG-I'\,.e. c.. IV"'('~ (COMPANION TO V A-2003-AR-4327) TRIP GENERATION Prepared by: TABERNACLE OF BETHLEHEM CHURCH ø.. _M _~ ..._--_.,._._.,-~----_._..- ..- --...~- Prepared for: .. Tabernacle of Bethlehem Church Dieudounne Brutus . e' . .305 South SìliS1reet Immokalee, Florida " .. . VanasseDaylor Brittany Blvd., Suite 600 ort Myers, Florida 33907 #40206.03 September 2002 1·- EXHIBIT E ·, . , Agenda Item No. 7D March 22, 2005 Page 34 of 57 INTRODUCTION Tabernacle of Bethlehem Church is proposing to construct a 4,200 square foot· church on 3rd Street South in Immokaleet Collier Countyt Florida. This trip generation will determine the amount of trips generated by the church. TRIP GENERATION The proposed proj ect traffic generation was determined using rates from the Institute of transportation En2Ïneers' TnI' Generation Manual (Sixth Edition). The trip generation equations are shown below. Church (LU 560): A.I)!: T = 9,11 (X) AMPkHr.: T=O.72(X) PM Pk Hr,: T = O.66(X) Sunday: T = 36.63(X) SundayP1ëHr.: T-~4900-~·---·_--_·_- -.. --,..-- -- ----, The above equations were used with the land use data provided to generate the estimated trip ~~er~~ions for the project as shewn below in the table: -.----_.,-_.-._-----""""'-_..--,.,._.~.__..:----_. ." .,,~._-_.... ..;.;.:._- ---... PROJECT TRIP GENERATION AM PM Sunday Land Use ADT Peak Enter Exit Peak Enter Exit Sunday Peak Hr Church (LU 560) 4,200 SF 38 3 2 1 3 1 1 154 40 Totals 38 3 , 2 1 3 1 1 154 40 \\N.pl.._urvet'.DocaIProjectl\402l402060 T.bem8d. 01 BllIIJlhem Réone\402060 Trtp-G.n,doc ~ ......,"" ", Agenda Item No. 70 March 22.2005 Page 35' of 57 Vanasse __ . Daylor ' ~ J ',' _. ..l:.~''''',.: 'w_ - September 3.2002 CU-2003-AR-4326 PROJECf #2002060036 DATE: 6/17/03 AA J./ I L Tl'AY])ESEl&M f"I/c"Mi!.. Ivt.I~~ (COMPANION TO V A-2003-AR-4317) Urban Planning I1ndscape Architecture Civil E nginuring Traffic Enginming Environmental Science Mr. Don Scott P~anning Director Transportation Administrative Services, , 2685 S. Horseshoe Drive, Suite 21.1 Naples, FL., 34104 .. Re: Applicability of TIS for Immokalee Tabernacle of Bethlehem Church Dear Mr. Scott , Vanasse Daylor represents the above noted church in their application for a conditional , '. use zoning action. -Apre;;application meeting was held on'6;;12-02 that indicated the need tcrprepare and file a Traffic Impact Analysis. We are request a waiver from this requirement because the' church is a minor denomination whose membership are less than 50 families. It was our understanding that a TIS was not normally required when the project did not exceed' 1,000 ADT. As you can readily discern this church will not impact S. Third Street in Immokaleo-to,.,atl.y..-mcasur-able--dcgree-md--ihc-imposition--Ot,th.c..çosts-.usociated-w.i-th-a-.__ TIS is one that quite 'frankly would better be spent on the site improvements. Like all . minor denominational churches, particularly in Immokalee, church members are fmancially disadvantaged and application costs can pose a serious burden and perhaps deny them the opportunity to follow their religious beliefs in facilities worthy of this ..·activity; '""" ." ..' , .. --.:...,..... We therefore on behalf of the applÏClYlts reguest fu.A1.'y9uwaive the need to submit a TIS with oUr conditional use application. . .-.. '.- -_. ......- S\y:~ Ronald Nino, AICP Vanasse Daylor r 2730 New Brittany Boulevard. Suite 600, Fort Myers. Florida 33907 T 941,437,4601 F 941,437:4636 W vanday.com Fort Hyers . Naples. Hiami . "''''---''- Agenda Item No. 70 March 22, 2005 Page 36 of 57 SUMMARY OF PUBLIC INFORMATION MEETING FOR TABERNACLE OF BETHLEHEM CONDITIONAL USE APPLICATION On October 24th. 2002, a public information was held at the County park in Immokalee for the purpose of describing to all interested parties the nature and content of the application for a conditional use to permit the use of an existing building as a church for the Tabernacle of Bethlehem. Ms. Kay Deselem kicked off the meeting by introducing herself and describing the purpose of the meeting and the procedure that the conditional use application would follow. Ms. Deselem then introduced Tim Hancock AICP as the project planner. Mr. Hancock described the project in detail using a 24" x 36" copy of the site plan that was a part of the application submittal. The proposed use will not to expand or enlarge the existing building, but plans to convert it for use as a church. Associated site improvements including the creation of a parking lot and access drive will be constructed. Two members of the public attended the meeting, Mr. King Jackson and Mr. Cladius Taylor. Both gentlemen owned property in the area of the project but not immediately _ .adjacentto it. They both..expressedsimilár concerns over the past use of the building as a "flop house" and were supportive of the change in use to a church. They both made statements of support and had no questions once the proposed land use was clearly identified. No additional commitments beyond the construction ofthe_p~oject in accordance wi~ ~~. site plan were made by any party at the meeting. A tape recording of the meeting was made, but the acoustics of the room combined with the small recording device made the tape inaudible. These minutes reflect the content of ~~~--- "Z# 1IMt'¿)CI( Date 7/ þtt}/ø ~F'C'~~~~ AUG 0 4 2003 \ªY: ---..---- --.- Print RE-SUBMITT AL CU-2003-AR-4326 PROJECT #2002060036 DATE: 9/11/03. KAYDESELEM _"~_.,_,,,,,,,,,,,,__..,,,,,"."",i".""""''''''"'''''' .""",., I PU~. LlC !PARTICipÀTION ~EETING Ie.. Slor IN 8HI!I!T ~~u:.~£ coYv) ~ Meeting I I I ' Name Street Adfress r Ka Deselem' 2800 N. Horleshoe Dr.. Naples FL b4104C011er Com Government , .~ ~KJDiI . ,L(I-VJ,I:1..CoO.T ~ii. Ft ~/_ 9 - ~ (FMYfJ ~ I Àj,"IoJa It<;,,, N", iD March 22, 2005 Page 37 of 57 /0 -2.4-0 Date of Meeting. .... I '" o I o '" '" '" '" 'U ~ 'U co " " Phone Number ::J ., 3 213-2931 en .. ., < G'b(~ <6'3~G.~73' " '" .. I I . I I I I i , . . ..' I 'I, . F:\larmslPubNo Pllrt!dpellon "'"ling IIgn In 'tteeLdOa ' 10/16102 I ,_.. ~.~._--'----- (Q ... RE-SUBMITTAL CU-2003-AR-4326 PROJECf N2002060036 . DATE: 9/11/03 KAY BEBELEM A.A (cld f' htt A !:' cL. œ en (Q en .... a en .. '" " '" --'--------- 1HIIIM ....... Myþr .an.. VAN'AIIþøn: &I\LU:ALt. ",,\'II1:II 'WJIØ . ,uaLlCHOtICI ruaac Mana PUBL.IC IHIIORMATlON M..TINO NOTlCR _v...._ T._ -... _ota:.... ____ 111M. ,.. --.... .- "-1.- T. _ _ of......... of. ......-__of_~ ... __.....__of..._ ___001___.... Ilol__ ==::~ =:r:..::-" .-.........-.11. _ ......--. ""'- of_ 1""""...-" ~ ""ot -....... _Ioputlo_ _....--..... v__...... ......-.........-...-.. __.....-- .. ........ _ _.In........ Iy .... _.... or.. W _11._"~~' -~-. eo-Ir Do¥IIoIIoIoI' !JwI_I__tton aloo N. _ DrIwo .==-~1.._ ,...CUtl _II 1ncII....~DIII.fIO'I'.Mt -- _flt_ + ~-.._- Agenda Item No. 70 . March 22, 2005 Page 38 of 57 . -"--~- .... ,.-.-... _. . ,.~ .. f . .'\ .I 1/'1- ".' '. '. .'. ...,.,~,~~. ". . .. "':",. "..,.-I ' " --. ()I ....., \ Agenda Item No. 70 March 22, 2005 CU-:1003-AR-4326 Page 39 of 57 PROJECT #2002060036 DATE: 6/17103 tA, cJd~ ~ &~ 1'Ay BE~ /¥" (COMPANION TO V A-Z003-AR-4327) . :.1 , ~~-_.P"'·----'- . CONDITIONAL USE PETITION PRE-APPLICATION MEETING'NOTES & SUBMIITAL CHECKLIST, Date: .b.::12.=.9.2.. T~~:" \ 1 : ðt) Planner: J.A Y Ì) E.SE~ M ProJectName:TA..~~~~{ r:: ~Y:--B~ Project AddrlLocation: . 3D5 3110 gS _ ':I:::).\k~1 gt:' Applicant Name: ::::r If-,) ""'" ~e.\J"t'lJS Phone: "~'7 - 40'-6 Firm.: .s.t.lf' Type of Petition: C U Current Zoning: V R .-.--.- .._.,......,~_..._-'._-- .".'- Owner Name: - '. -~._,--_. .._.- .-- --.- - - . ..- _. Owner Address: Phone:. Meeting Attendees: ....... .-_. ., ~ ......-.. .' ........ ..' . ." "", ,', '.. -------- .-... SUBMITTAL REQUIREMENTS: ~ Application, completed . Addressing Checklist signed by Addressing Dept Pre..application meetl'ng notes I ~ 16 copies of concePt. ual Site Plan 24" X 36" plus (one 8 ~ X 11 copy) Copy of Deed(s) Completed Owner/Agent AffIdavits, Notari~ J:J Environmental Impact Statement (EIS), o~ .:er: Aerial Photograph (taketi within the previous 12 mònths) . .)!:t Statement of utility provisions (with all required attac~.ments & sketches) 1 (-1PR~APPUCATION MEETIHCl (" . . SIGN IN SHEET -r A%~c:.u;: Oq::. '1!re:t\lLE'\4 e...~ . ~~WI2.. .C:O t.J.D,.,.,'[~~ . U~t.. ~L~KIJItCI~ Project Name Agen<38 Item No. 70 March 22, 2005 Page 40 of 57 lø - l2.. "" 0'2... Date of Meeting . . -.-' . Name Dlvlslon/Dept Regarding Phone Number 'Kay Deselem . CDES/Plng Srvcs Current Planning (239) 213-2931 . r+. 'I1c~"'1\- V~ .ÂA~N 'fi\P-- LwN-0- 'í2'^1"' 'r¡- --di :-¡-~t- 16-'''''u~{ <.15 . ðI/(¿¡i'~ Q~ ¿I\££'/A- \~ II, t~ ~3"'¡-bS'1' 5129 "It ,1?~,~'i ,\ II ~ ell nMWi...Jrt f -1-1- - -., -- ~--- ~I'. __, . 23 ~ 403, 2..3 L..I /1lIrN~ .. ;L3~'{ðJ -'J IfÔð 8- ~1 ~;¡- $t 1/-- £57 -rr41J .b.S .~~~~ . .. .. . - __ - u_'_···'__ ,....--...... ~. '.... '" .',...... . '. , ~. .. -------.--- F:\forms\Pre·App sign In sheel.doc 6/6102 AR-43Z6 CtJ-ZOO::'" #Z()()1,060036 M ~ 'P1l0JE'-'1 I J e... r-"~~ DATE~ 6/1'7/03 [\l\'~\! . ~ "A_2003-AR-432'7) (COM!' ANION TO (....... , . .....,\ , , Agentila Item No. 70 March 22, 2005 Page 41 of 57 .- )j. TrafflCJmpaot Statement (TIS)...., ':'-/sr . . . C IJA Historical and Archeological Survey, or waiver . II Copies of State and/or Federal Permits ~ Archlteçtural Rendering of Proposed Structure{s) .~ if Pr,:àpplica1ion Fee $300.00 (to be credited towé.rd application fee below) [] Fees: $2000.00· Application Fee 25.00 Data Conversion .-....,.. *$300.00 If filed in conjunction with a rezone petttlon OTHER REQUIREMENTS: '. '.. . .. )S.sl~ of:?~rh.I-M.Uc.\ b.... \~.. m,."mum - N~ V~~ .. ~j)~PE~ ?~ ~~ S"~f~ l ~6.~ 'S.\-tQ.. \S O.C:, Q..c:... "1'0. c:.Þoa- ?1toL C::.At#:)Cw' [J . [J NOTES: ---~ ~US& ~Ù\\~-Au...._"Qn6.nc.~o~· J nt-ÂL.._ ~\u... ~~ ~...\"a1IIO "tn ~ ':ç>~~·lC,.y..1 'R_~__'__' \.~oø \L "'r\':.'Q ~us.s. - ~o "'þ. A._ t( ð lfr 'P~t>v ,~~ .. '.. Ñe::ED .s;;;~·L~ '- v, " \\ ~EIQ::) -rLS I rA;'tI'C{WG.- c...o;: ?t..AJJ FÄ~ fJA~Dt (':..Ap PAIZ.(c:.,IVt,. ~ÞA~;S). W''T1oJ AGl"".c:s:~ TO .-....-.---...-...-------.- -----_. - ""--.. '--"~nnG BO::S-~:;--. .~S-. ¡ç ~~5~ ~ t.x:~+aV')~ -ftø ~rth.\¡~ ~(ðr~~~~.__ . r.c. 3 r>r t'\'\n( - p.rc:~r~~ ~\rtM.trd-: ¡oS løfð- +ø~~~ lM.ù"t'k ~ . .s~1o\MMc'c.1 ~ C.1~~~i¡'/E Af'PL\CA~ ~1"Ã11:;E. ""t1\!>< Ä9...fii Go'~ It> us\:; 'E¥l9íÍ~ 'BLOb. --.-...- . Agent/Owner S1gnature Date: :..- 2 .... .._---~",.,.. ,'- --. ( ............. Agenda Item No. 7D March 22, 2005 Page 42 of 57 Vanasse _ Daylor ~ .¡~~"I --:-...,W';¡'.7fE..,:t -'.':..~.".....- September 3,2002 ~-2003-AJi-4326 PROJECT #2002060036 DATE: 6/17/03 KAY DESELEM (COMPANION TO V A-2003-AJi-4327) Urban Planning Landscape Architmurt (j~il En¡inwing Traffic E_nginming EnvironmentJ\ Science Ms. Barbara Burgeson Senior Environmental Specialist Planning Services Department Community Development ~ Environmental Services Division 2800 N, Horseshoe Drive Naples, FL., 34104 RE:.Waiver ofEIS Immokalee Tabernacle of Bethlehem Church, 305 S. Third Street Immokalee, FL. Dear Ms. Burgeson Vanasse Daylor represents the above noted church in their application for a conditional use zoning approval. The church has acquired an existing building and if approved will convert the building to church use. A copy of an aerial photograph is enclosed. The church intends to mak_e minimal improvements that will not require destruction of any vegetation, Sufficient land is now cleared to accOmmodate church parking. This is a ____.__ small -minoz:._denominational--chw:ch-.whose...membership-.ar.e.less..than. .S.Q.families_with__ limited financial resources. Obviously they would rather use their limited financial resources to make improvements to the building and property as opposed to spending funds on pennit approvals that mayor may not be essential to public decision making. In this case we believe you will agree that existing site conditions do not warrant an EIS as . . -~desc!Ìbe4~byyour rules ~d w<?~l.d,apPr.eciat,~ a .written.comm~~lltio.n. waivin~ the ..c~;"Ãen:~or :~IS~:e:,ill be_~U~i_~g~uPto~ate.~~~~ F~~C_~S. . sm~ß~ Roi;l Nino, ACIP Vanasse Daylor I 2730·New Brittany Boulevard, Suite 600, Fort Myers. Florida 33907 T 941043704601 F 941.437.4636 w vanday.com fort Hyers. Haples . Hiami . Agenda Item No. 70 March 22, 2005 Page 43 of 57 --- \ -... ..~._. ~~·'·'··~"·'_'·'···_~e.._ ;",~,,,_,,,,;_"''''''''i>I'_'''''"",,",,,,,"~IN",._'''<Wt;'*''''''''';''<"''""·''·' Agenda Item No. 70 March 22, 2005 Page 44 of 57 RESOLUTION 05 - RELATING TO PETITION NUMBER CU-2003-AR4326 REQUESTING CONDmONAL USE APPROVAL IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH OR HOUSE OF WORSHIP PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVEWPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FWRIDA. WHEREAS, the Legislature of the State of Florida ÌD Chapter 125, Florida Statutes, has conferred on all counties ÌD Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessmy for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance Number 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use approval under Subsection 2.03.04.Table 2, in the Village Residential Zoning District for a church or house of worship on the property hereinafter described, and has found as a matter of fact, Exhibit "A", that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00; and WHEREAS, all interested parties have been given opportunity to be heard by this Board ÌD a public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FWRIDA that: The petition, CU-2003-AR-4326, filed by Ronald F. Nino, AICP of Vanasse Daylor, representing Dieudonne and Lunie Brutus, with respect to the property hereinafter descnDed in Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is approved for a Conditional Use pursuant to Subsection 2.04.03, Table 2 in the Village Residential (VR) Zoning District to allow for a church or house of worship in accordance with the attached Conceptual Site Plan, Exhibit "C", and subject to the conditions found in Exhibit "D" which is attached hereto and incorporated by reference herein. Page 1 012 - Agenda Item No. 7D March 22, 2005 Page 45 of 57 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU- 2003-AR-4326 be recorded in the minutes of this Board Done this This Resolution adopted after motion, second and super-majority vote. ,2005. day of ATIEST: DWIGHT E BROCK, CLERK BOARD OF WNING APPEALS COLLIER COUNTY, FWRIDA BY: FRED W. COYLE, CHAIRMAN Deputy Clerk Approved as to Fenn and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions Page 2 of2 e e - Agenda Item No. 70 March 22. 2005 Page 46 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency wi~e Land Development Code and Growth Management Plan: Yes~ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedes1rian safety and convenience, traffic flow and control. and access in case of fire or catastrophe: Adequate ingress & egress Yes1 No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~NO affect or_ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7thin district Yes_ No_ DATE: Z 3 LGì){ Based on the above fmdings. this conditional use should. recommended for approval to the Board of Zoning Appeals. MEMBER: EXHIBIT A _.. .._n·.··· -- Agenda Item No. 70 March 22, 2005 Page 47 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public. interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience. traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~ No C. Affects neighboring properties in relation to noise. glare. economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the dis1rict: Compatible use within district Yes V No Based on the above fmdings, this conditional use should, with stipulations. (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: cÎ / 3 /0'1 { / MEMBER: MI-n/l"- 'Æ.,¿:( (7tU1.-~ EXHIBIT A -......--.-- I '"'',''~>i",1I<iIIIHIIIi\!1~__''''""I;~'",'''_"''''''''''''''''''''''' Agenda Item No. 7D March 22, 2005 Page 48 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency ~ Development Code and Growth Management Plan: Yes_ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~ss Yes~ No_ C. 7::cts n' boring properties in relation to noise, glare, economic or odor effects . _ No affect or _ Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible ~ district Yes_ No_ D. Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: ~,. 3 .- 0 5 ~ MEMBER: EXHIBIT A p -----... . Agenda Item No. 7D .. March 22, 2005 Page 49 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /)i- No B. Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes Y- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: J:i..... No affect or _ Affect mitigated by _ Affect cannot be mitigated 0, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ Based on the above findings, this conditional use should, with stipulati ~py a hed) be recommended for approval to the Board of Zoning Appeals. //, ~ DATE: ~, 3ò¡j /' ~~ EXHIBIT A ._--- ...,.....----.---- ,- Agenda Item No. 70 March 22, 2005 Page 50 of 57 . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: B. Consistency with the L~evelopment Code and Growth Management Plan: Yes_ Noþ . Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: A. Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district ~( Based on the above findings, this conditional use shoul~, ' ....~ {, IS,!, n~.~) be recommended for approval to the Board of Zoning Appeåts. MEMBE~ lit- ~):l~ - Yes No DATE: !if" ~r pr;- EXHIBIT A _.__.._.. '...-,.-- e . e _.~--_...- Agenda Item No. 7D March 22, '2005 Page 51 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress / Yes~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ;. No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V"" No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE:j. .... :3 ~ O( MEMBER:~o.J f ~'- EXHIBIT A . -_........ ." Agenda Item No. 7D .. March 22, 2005 Page 52 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR ACONDnaONALUSEPE~ON CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesÃ- No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ DATE: t-€.ß,'3. 'Z.roS"" MEMBER: Based on the above fmdings, this conditional use should, with recommended for approval to the Board of Zoning Appeals. EXHIBIT A N___- :. e e tit Agenda Item No. 7D March 22, 2005 Page ó3 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETmON ~·2003-AJi-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with 'Land Development Code and Growth Management Plan: Yes-LNo_ B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience~ traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes--LL' No_ Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ;¿j 3 J 0 ':J'" MEMBER: ~ ~ EXHIBIT A Agenda Item No. 70 March 22, 20Ö5 Page 54 of 57 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~-2003-AJi-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 2/3 Joe; f ( CHAIRMAN: tLJ A tJj EXHIBIT A ~ -. -- --. ---, ".. ..-.-- · . -"--~ Agenda Item No. 70 March 22, 2005 Page 55 of 57 LEGAL DESCRIPTION CU-2003-AR-4326 ~._, - -- -.- ·_'_H_____ LEGAL DE$CRIPTI~ BEGINNING AT TH£ NORTH£AST CDRN£R OF THC W£ST 380 F££T OF TH£ rAST 1070 F££T OF THE NORTH HALF OF TH£ SOUTHeAST QUARTER OF TH£ SOUTHeAST QUART£R OF S£CTION 4, TDWNSHIP 47 SOUTH, RANG£ 29 EAST, COLLIER COUNTY, FLORIDA TH£NC£ RUN SOUTH ALONG TH£ EAST BOUNDARY LINE OF SAID TRACT WEST 380 F£ET OF THC EAST 1070 F££T TRACT A DISTANCE OF 15t) FEET TO THE POINT OF BEGINNING OF TRACT H£REIN DESCRIB£D¡ THENCE CONTINUING SOUTH ALONG SAID EAST BOUNDARY LINE OF SAID TRACT A DISTANCE OF 250 FEET; THENC£ RUN WEST 120 F££T¡ THENCE RUN NORTH e50 FEET. THENCE RUN EAST 120 FE£T TO A POINT OF B£GINNING. SAID PROPERTY B£ING ALSO DESCRIBCD AS LOTS 3, 4, 5, 6 AND 7, OF A MAP OF A SUBDIVISION PROPOSED TO BE R£CORDED UNL!ER THE NAME OF LAKE VIEW PROPERTIES. Exhibit B I I I Agenda Item No. 70 March 22, 2005 Page 56 of 57 0*Z '" t~,:~~.~i . , rø . ... r....",. /,7 ~:/// /...fIffIOtWI!1(n"~ I r- "--¡-"-L-"-'---~---E"-----~ ~ ·~-'I T' ---;=- _,,/:.----- ,,'- -- -~-=-," ~~liJ~::- I f\ / L,,'-"~'/ ............... - l·~--· -.......---L: "'\ /~\ I .·I·......~l..··/~) /'/ /,/ /,/~~...;:. /'/ /,/ .// i I ¡-->-, </ _...~\ I" r I I l' . /' /' // // // // /' .,/ // // I ! / ')" ':\"':" \ , [ ¡.!I.J~--r~~::::~~:=~~=~=::-:,(;;:;~.!·=~-=-=:=·=~:-;:}.'- : Ii it ~~\ <~~t--~·_=~~~~~-!l... ]1 \ , ~!.. ~;".."'fJ;..':/)g:¡""'" =" .1 ,,,, .....¿¡ , "i ~ ~. i:~ -=:..<,:,j,i':- ": : 1',;/ ...·~·..·t' I ' I I / I' ~ ·....-----1 I. I ~r _'I~ - ---. --- .. -.- - -------.!,"!7.L'~;;;------------..;. . . "'~ or . i ¡-=~ . 1¡~-:-I::::~:;;.:.·~u .:::: ~-1' t;;:;:;~ 1 w" _-L~_..~._._-------=-----,-----~ "!-- --- -- --- __ = :----t=:==-:::...>:....- ø::.~~~-------- --.----- -......~-~-- --- ------ '~\ ----....--- - ----;1------- ---- -¿-:!-.~-.-::.~...:.....~'.:::~ ...==.......-::....=......::-~~;;_..._-----_.__::::::::::-..~.::.........:-..=......~..~..=.~(.....~==~==;----:="-::;;----=~'::""""...- S/H).. 57M;C' $. I - 1"-;"'-1 ,~=. \~' \6 - ~~ ¡I I ! lill i i U, ¡Iii: I I!t' I Ill: , : ijitJ~+ III'·,'" !Th~ ~::I 1ft ~. Iii I !l4 .' HI I I ¡¡ h "j.1 d' IIII~ I d III "5\ dL' . t II I, III" ~! Iii ~O -- la.I...1 ,,1 Agenda Item No. 70 March 22, 2005 Page 57 of 57 - CONDITIONS OF APPROVAL CU-1003-AR-4316 1, The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7,2004. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2, The Conditional Use is limited to the use of the existing building for a house of worship. No expansion or enlargement of the existing building is permitted. 3. Parking within 3rd Street right-of-way is prohibited. All parking must be. contained on-site. 4. The Conditional Use approval is subject to compliance with any conditions or stipulations placed upon the companion request petition, V A-2003-AR-4327. 5. The petitioner must seek development approval, i.e., SDP or SIP, for this conditional use. The SDP/SIP plans must reflect all improvements depicted on the site plan and the conditions noted above. A final local developer order (SDP or SIP and building pennits) must be issued before the building's use as a churchlhouse of worship. Revised: 213/05 to incorporate the Collier County Planning Recommendation Exhibit D '".----....---- Agenda Item No. 7E March 22, 2005 Page 1 of 30 EXECUTIVE SUMMARY Petition V A-2003-AR-4327 Dieudonne and Lunie Brutus, (regarding the Tabernacle of Bethlehem Church), represented by Ronald F. Nino, AlCP, of Vanasse Daylor, request the following variances in the VR zoning district for a Conditional Use (LDC §4.02.02.E.): 1) from the minimum one-acre lot area; to allow an existing structure on an 0.69 acre tract to be converted to a church use; 2) to reduce the front yard setback from the required 35 feet to 20 feet; 3) to reduce the required 33 parking spaces to 19 spaces (LDC §4.04.04.G.Table 17); and; 4) to reduce the landscape buffer on the north and south property Unes from the required 15- foot type "B," to allow a 10-foot wide type "B" buffer (LDC §4.06.02 Table 24). Property is located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. (COMPANION ITEM TO CU-2003-AR-4326) OBJECTIVE: To have the Board of County Commissioners detennine whether the requested variance is consistent with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERATIONS: The petitioners are requesting several variances in the Village Residential (VR) zoning district from the Conditional Use property development regulations (LDC Section 4.02.02.E.) to allow the existing structure to be converted to a church. The variances being sought are: 1) relief from the I-acre minimum lot area requirement to allow the existing O,69-acre site to be used, 2) to reduce the 35-foot required front yard setback to 20 feet, 3) to reduce the number of parking spaces by 14 spaces from the required 33 parking spaces to 19 spaces (LDC Section 4.04.04.G.Table 17.), and 4) to reduce the landscape buffer by S feet on the north and south property lines ftom a IS-foot wide type "'ß" to a 10- foot wide type "'B" buffer (LDC Section 4.06.02 Table 24). Please refer to the Conceptual Site Plan for details. The petitioners seek the variances to allow the existing structure to be converted to a church, A previous owner constructed the existing building many years ago, and the building complies with the development standards for a principal use under cun-ent standards. The petitioners, however, wish to convert the use of the existing structure to a church that is only allowed by Conditional Use approval. A separate companion petition has been submitted seeking Conditional Use approval for the church in petition CU-2003-AR-4326, That petition will be heard on the same agenda as this variance petition. Conditional Uses in the VR zoning district have more stringent property development regulations. The existing structure cannot meet the development standards for the Conditional Use. The petitioners are not proposing to alter the footprint of the existing structure nor are they proposing, as part of this action, to expand or enlarge the structure; they are see.king variances to allow the existing structure to be used for the proposed church. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. G:\Current\EXECUTNE SUMMARIESIBCC Mar 2005\Mar 8, 05\Tabemacle of Bethlehem, VA-2003-AR-4327.doc Page 1 of 5 Agenda Ifem No. 7E March 22, 2005 Page 2 of 30 , GROweØ MANAGEMENT PLAN (GMP) IMPACT: The subject property is designated (Urban) Residential, High Residential District, on the Immokalee Area Master Plan Future Land Use Map (FLUE) of the GMP. Variances are not specifically addressed in the GMP, therefore there is no GMP impact associated with the variance. ENVIRONMENTAL ISSUES: The Environmental Review staff does not nonnally review variance petitioners. Environmental Review staff did review the companion Conditional Use petition and provided input through that petition to address their concerns. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: The EAC does not hear variance petitions. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and thè criteria on which a detennination by the CoIIier County Planning Commission (CCPe) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: · There are special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved. · There are special conditions and circumstances, which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request. · A literal interpretation of the provisions of the LDC would work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. · The variance, if granted, would not be the minimum variance that wiIl make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. · Granting the variance requested would confer on the petitioner special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. · Granting the variance wiII be in hannony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. · There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. · Granting the variance will be consistent with the GMP. The Board of County Commissioners must utilize 8 criteria in considering a variance petition (see professional planning staff analysis). This analysis appears on pages 3 and 4 of the Staff Report and is summarized below: G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\Tabemacle of Bethlehem, VA-2003-AR-4327.doc Pege2r:A5 Agenda Item No. 7E March 22, 2005 Page 3 of 30 Staffs analysis of the criteria found that there was support for the request in the analysis of five of the eight criteria in LDC Section 9.04.03 as explained in the Staff Report. As noted above, the GMP does not address specific variances requests; it addresses the land use that is proposed. This variance petition has been submitted to allow variances from the church or place of worship Conditional Use development standards. In that context, the variance petition is joined with a specific use. As noted in the companion Conditional Use Petition, CU-200-3AR-4326, a church is an allowable use within the GMP FLUE, It must be understood that the Staff Report and Executive Summary are only part of the picture, There will be evidence presented by the petitioner, and members of the public may speak at the hearing on this item. The Board must also take into consideration that testimony as it relates to GMP consistency and the 8 standards for consideration for the variance. The Board of County Commissioners may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those requirements necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on February 3,2005. Commissioner Midney made a motion to approve the petition with staff's conditions and adding another condition (Number 6), as agreed to by the petitioner regarding the amount of parking (Variance 3); Commissioner Adelstein seconded the motion. The motion passed 9 to O. This petition cannot be placed upon the Summary Agenda because the companion request, CU-2003-AR-4326 did not receive unanimous approval, thus both petitions must be heard together by the Board of Zoning Appeals. The conditions of the approval are: 1. The variances granted are limited to the use of the existing structure for a house of worship, as depicted and more particularly described in the applicant's site plan entitled., "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. 2. The yard variance being granted is limited to allowing the encroachments of the existing building solely for use as a church. Any other conditional use is subject to re-review of the variance issues. 3. Parking within 3rd Street South right-of-way is prohibited. All parking must be contained on- site. 4. No variances have been granted to reduce any buffer requirements except for width or to provide relief from the requirement to provide a wall along any project boundary. Buffering materials for the church use must be provided in compliance with the LDC requirements unless separate administrative variance relief is sought and approved in compliance with the LDC. S. No expansion or enlargement of the existing building is pennitted. 6, The developer will maximize the subject site's land area to provide additional parking spaces, up to the maximum number of parking spaces that can be accommodated on the site, in the area between what is shown on the site plan as "paved aisle" and the western property boundary. G:\Current\EXECUTNE SUMMARIES\BCC MBr 2005\MBr 8, 05\TBbBmBclB of BethlehBm, VA-2003-AR-4327.doc Page3of5 Agenda Item No. 7E March 22, 2005 Page 4 of 30 SUMMARY: Staff has analyzed the guidelines associated with the variance request and has detennined that there are land-related hardships associated with this petition, as noted in the staff report and summarized below: There are special circumstances that are peculiar to the location, size, and characteristics of the land, structure, or building involved, because the petitioners wish to retrofit an existing structure, which limits the petitioners' ability to alter the site design for the church. The abutting properties are already developed so it is unlikely that the petitioner could purchase adjoining properties to add additional land to this tract that would allow the site to meet the minimum one-acre site size requirement without rendering another parcel non-conforming in size. Without the variances, a Conditional Use for a church could not be established on site. The structure has been vacant for approximately two years, which can encourage vandalism and can create a nuisance in the neighborhood. The petitioners are proposing a use for the site that will provide a presence at the building and could provide community services to the neighborhood. At the CCPC hearing, the CCPC asked if additional parking spaces could be provided in the area between what is shown on the site plan as "paved aisle" and the western property boundary. The petitioners' agent indicated that that area could very likely be used for parking, noting that the site plan was based upon an out-dated survey and the area shown as a lake along the western 'boundary may not actually be a lake; it may be an upland area where parking spaces could be provided. The petitioners agreed to provide additional parking spaces in that area up to the maximum amount the site could accommodate. RECOMMENDATION: That the Board approve Petition V A-2003-AR-4327 subject to the following conditions as modified based upon the February 3,2005 Planning Commission public hearing: 1. The variances granted are limited to the use of the existing structure for a house of worship, as depicted and more particularly described in the applicant's site plan entitled, "Tabernacle of Bethlehem Conceptual Site PIan," prepared by Vanasse Daylor, last revised December 7, 2004. 2. The yard variance being granted is limited to allowing the encroachments of the existing building solely for use as a church. Any other conditional use is subject to re-review of the variance issues. 3. Parking within 3rd Street South right-of-way is prohibited. All parking must be contained on-site. 4. No variances have been granted to reduce any buffer requirements except for width or to provide relief ftom the requirement to provide a wall along any project boundary. Buffering materials for the church use must be provided in compliance with the LDC requirements unless separate administrative variance relief is sought and approved in compliance with the LDC. 5. No expansion or enlargement of the existing building is permitted. ~.~. G:\Current\EXECUTIVE SUMMARIESIBCC Mar 2005\Mar 8, 05\Tabemacle of Bathlehem, VA.2003-AR-4327.doc Page4C'A5 Agenda Item No. 7E March 22, 2005 Page 5 of 30 6. The developer wiU·maximize the subject site's land area to provide additional parking spaces, up to the maximum number of parking spaces that can be accommodated on the site, in the area between what is shown on the site plan as "paved aisle" and the western property boundary. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\TBbemacle of Bethlehem, VA-2003-AR-4327.doc Page 5 of 5 Item Number Item 8ummlry Meeting Dote Aganda Ham No. 7E March 22. 2005 Page 6 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7E Tntfi Item was continued fr-f'lm tt1e March S, 2005 BCe meeting and Is to be heard at the continuation of the Msr<'.h 22, 2005 Bee Meeting to be "('lId on Man::h 23, 2D05. This ¡t8m requires that all psrtlcipant:i to be sworn in and ð'(~p8rte disclosure be prcvjdðd by C(lmmìuion membe~. VA·2003-AR~4327: QieudClnne and Lunle Brutu5, (regørding Ihe Tabernac:!1!'! of 8ett¡lehem Church), represented by Ronald F. Nino, AICP, of Vanasse DaylQr, request the rollowlng variances in tho VR zoning district for a Condlllonol Use (lDC ~ 02.02.E..): 1) from the mirøÎmlJrn one-acre lalarea: to aUow.n e)ojstJng structure on en 0.69 8r..re trøC'.t to be convfllted to B clwrr.h use; 2) to reduce the from )lard 6elback from ttle requIred 35 ftlet to 20 feet ::I) to reduce 1he required 3::1 perking spaces to 19 spaces (LDC §4.04.0·kGTable 17); ðlnd: 4) Ie reduce the land!.Capt Duner on 1he north and south property Imes 'rorTI the required 15-(001 tyþe "B,~ to allow a 1 C·fDot wide type "S" buffer {LDC §4.06.02 Table 24). Property ·S locoted at 305 ~rd Street Souttl, !n Section 4, Township -47 South, Range 29 East, In,mo'.I... Flond.. (COMPANION ITEM TO CU-2003.AR-4326) 3122/20059:00:00 AM Prep8l"t'd By 2/17/200& 10:44:4,2 AM Kay Danielln, AIC? Con,munlty Development & En\llrunrnent.f Seuvlc:.. Date PrJrlC:ìpal Pllnnot 2anl"" .. Land O.,velopmltnt R.\llltw D... Approved By SUl'1du Leø. Community DlÞvalopment A Envlronm~nt.1 Sel'\llo., EX4!'euUv. Secretary Community Oevl!'!opment & ErlVlronrnel"ltal S.erviQtI. AdtnJrI. 2f1'112005 2:42 PM Date Approved By Con.tance A. Johnaon Comm"lI1it)l Dovelopmont & EnlJlrollmetntlll Setrvk.. Oplllrltionl Analyd t';ommuntty D~\I.loprr"tnt & Enllironlnttllt., Services Adm/n. 2/t8/2oo& 12:48 I)M I).te Approved By Suun MurrllY, AICP Cnmmunlty DeVltln-pmfrnl & Environmental SeNte«, 20nll1g , Latrld DIIVUloplnltllt Dlu.ctCH Zaning & L.lnd O.VItIDpm~nt R«rtvlltW 2/t8/2005 1 :Oð PM 0... Approved By Donald L. Scott Trlln'porttol'l Sorvjr..Itt Tran.portltlon Planning Director Trar..portGtlol1 PI.nnln; 2122/200511;14 AM 0",. Approved By P.!rlck Q. Whi!(! County Attomey Aul$'lInt County Altornrty County Attorney Office 2/2212005 8:04 PM D... Approved By Ray Se/lows Community Devrrlopmen1 & En'W'ironmental Service. Chief PIJlnner 20111"9 & Lind Development Revhrw 2I2,212UD5 5:'13 PM 0... Approved By Joeeph K. 'schmitt Community De\leJcpment " Environmental,ServicCla Community DeveJopmllllt & Erlvlronmentut 6'I'\I(cn~ ALI!fllfllltrutur Commun/1Y D/tvolopment ¡. Environmental S.rvicu Admi". 2'22/~ClOS 5:33 PM Dote Approved By Norm E. Feder, AIC;~ r,.n.portlon $Porvl.cu Tr.nlportatlon Dlvia/o" Administrator Tr.n.port.dlon Bervlce5 Admin. 2J24/200ð 7~O.c AM D... Approved By OMR Coordln,tpf County MJAlJuger'$ OfttCl!! Adn,¡ni.-1;ratlvf! A.,jllt..nt Office: 01' Manuge!nlant& Budget 2'25/2D0510:15 AM Date Approved Dy MiIIlk hauckaotl County "".nIQI!lr'1 Orflc:e BUdget Analy.t Of'fl(.t': 0' Mal1agement & BUdget 3114/200510:18 AM D.1C! Approved By MIr;.h.ll!I Smykowpkl CDlJnly M.n..gur'li Office Ma"lISJen1f1nt & BUdget DlroOe-tot' Ofr/j:lt of MAn'rJBm!'!"t & (ilJQlJnt 3/1.c/2;D0511;1:1AM Dale Approved By J.m~ø V. Mudd Boerd of COUI1ty Comrnlulonltm CQunly Mftl"lagftf Cøunty MalUliftf'S O"lc. 3/14J2U06 12:48 f)M Agenda Item No. 7E March 22, 2005 Page 7 of 30 eo..J!tr Çounty - '- - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: JANUARY 6, 2005 SUBJECT: PETITION V A-2oo3-AR-4327; TABERNACLE OF BETHLEHEM CHURCH COMPANION ITEM: CU-2003-AR-4326 PROPERTY OWNER/AGENT: OWNERS: Dieudonne Brotus & Lunie Brutus P.O. Box 0386 Miami, FL 33238 AGENT: Ronald F. Nino, AICP, Senior Planner Vanasse Daylor 12730 New Brittany Boulevard, Ste. 600 Fort Myers, FL 33907 REOUESTED ACTION: The petitioners are requesting several variances in the Village Residential (VR) zoning district ftom the Conditional Use property development regulations (LDC Section 4.02.02.E.) to allow the existing structure to be converted to a cburch. The variances being sought are: 1) relief from the I-acre minimum lot area requirement, to allow the existing 0.69-acre site to be used, 2) to reduce the 35-foot required front yard setback to 20 feet, 3) to reduce the number of parking spaces by 14 spaces ftom the required 33 parking spaces to 19 spaces (LDC Section 4.04.04.G.Table 17.), and 4) to reduce the landscape buffer by 5 feet on tbe north and south property lines from a 15-foot wide type "B" to a to-foot wide type "B" buffer (LDC Section 4.06.02 Table 24). Please refer to Conceptual Site Plan for details. GEOGRAPmC LOCATION: The subject parcel is located at 305 3rd Street South, in Immokalee, which is located in Section 4, Township 47 South, Range 29 East, Collier County, Florida. VA-2003-AR-4327 January 6.2005 Collier County Planning Commission Page 1 rt5 ,.>","",¡¡¡¡",;¡,""",""--,~"""",,",;µ,,¡¿.,;.,,,,,,;,,,,.,"",,;;,.;;,", Agenda Item No. 7E March 22, 2005 Page 8 of 30 PURPOSElDESCRIPTION OF PROJECT: The petitioners seek the variances to allow the existing structure to be converted to a church. A previous owner constructed the existing building many years ago, and the building is in compliance with the development standards for a principal use under cWTent standards. The petitioners, however, wish to convert the use of the existing structure to a church which is only allowed by Conditional Use approval. A separate companion petition has been submitted seeking Conditional Use approval for the church in petition CU-2003-AR-4326. That petition will be heard on the same agenda as this variance petition, Conditional Uses in the VR zoning district have more stringent property development regulations. The existing structure cannot meet the development standards for the Conditional Use. The petitioners are not proposing to aher the footprint of the existing structure nor are they proposing, as part of this action, to expand or enlarge the structure; they are seeking variances to allow the existing structure to be used for the proposed church. SURROUNDING LAND USE & ZONING: North: East: South: West: Mobile homes, zoned VR 3 rd St. South, then mobile homes, zoned VR Mobile homes, zoned VR Lake, zoned VR ANALYSIS: Section 9.04.00 of the Land Development Code (LDC) grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9,04.03, which contains the "Criteria for Variances," which are the general guidelines to be used to assist the Commission in making a detennination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: V A-2003-AR-4327 January 6, 2005 Collier County Planning Commission Page 2 ItS ......._-~- Agenda Item No. 7E March 22,2005 Page 9 of 30 1. Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or buDding involved? Yes. The structure already exists, which limits the petitioners' ability to alter the site design for the church. The abutting properties are already developed or are also of such a small size that the petitioner cannot purchase adjoining properties to add additional land to this tract that would allow the site to meet the minimum one-acre site size requirement or to meet the required front setback, or provide more parking, or provide wider buffers. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. A previous owner constructed the existing structure, before the petitioners purchased the property. Currently there are no handicapped spaces on site. Back-out parking and other haphazard parking configurations exist as well. There are no designated access points to and from the site, so vehicles can randomly pull into the street. If the variances are approved to allow the site to be developed as a church in conjunction with the variances sought, the parking and access will be improved and the site will have designated access points. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. Without the variances, no Conditional Use can be established on site. The structure has been vacant for approximately two years, which can encourage vandalism and can create a nuisance in the neighborhood. The petitioners are proposing a use for the site that will provide a presence at the building and could provide community services to the neighborhood. 4. Will the variances, if granted, be the minimum variances that will make possible the reasonable use of the land, buDding or structure and which promote standards of health, safety, and welfare? No. The structure could be used for one of the allowable principal uses within the VR zoning district. Variances most likely would not be required for a principal use, depending upon the intensity/density of the use proposed. But, as noted above, there apparently is no market for this structure as a residential use. The variance is the minimum variance to allow a reasonable use of this structure for the use proposed however. Approval of the variance should not have a negative impact upon the standards of health, safety, and welfare. 5. Will granting the variances confer on the applicants any special privilege that is denied by these zoning regulations to other lands, bulldings, or structures in the same zoning district? Yes. A variance, by definition, confers some dimensional departure from the regulations. V A-2003-AR-4327 January 6, 2005 Collier County Planning Commission Page3cf5 ,.¡,"..""""".._~ii$iii"¡;",,"''"''''''"''''''''''.'.'''''"''''''C.,,,," Af1enda Item No. 7E . March 22, 2005 Page 10 of 30 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Although approval of this variance would allow the church to be located on a smaller site, and closer to the lot lines than a newly built structure that complies with the setbacks, the fact is that the building already exists. No changes are proposed to the existing structure, therefore staff believes approval of the variances should not have a negative effect upon the neighborhood as a whole, and approval should not be detrimental to the public welfare. The applicant is seeking a variance from the landscape buffer requirements to reduce the LDC required IS-foot wide Type B landscape buffers to allow lO-foot-wide type B landscape buffers on the north and south property lines. The building's location on the site along with parking requirements, constrain the applicants' ability to meet the buffer width standards. Staff believes the variance will allow the petitioners to meet landscape standards to the greatest extent possible with the proposed modified type B (lO-foot-wide) buffers on the north and south property lines. It appears that there is adequate area available to provide the standard LDC required 15 foot-wide type B buffer between the proposed west paved aisle and the existing lake edge. The site plan does not show the required buffer nor has a variance been sought 1Ì'Om the requirement. Specifically, no variance from buffering or fence/wall requirements has been addressed or granted along the west property. Therefore, staff has included a condition that requires the petitioners to provide that IS-foot-wide type B buffer along the west side of the site. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? There are no natural conditions that ameliorate the goals and objectives of the regulations. 8. Will granting the variance be consistent with the Growth Management Plan? . Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) does not nonna1ly hear variance petitions; therefore this is no EAC recommendation for this petition. RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition V A-2003-AR-4327 to the Board of Zoning Appeals, subject to the following conditions: 1. The variances granted are limited to the use of the existing structure for a house of worship, as depicted and more particularly described in the applicant's site plan prepared by Vanasse Daylor, entitled, "Tabernacle of Bethlehem Conceptual Site Plan," last revised December 7, 2004. V A-2003-AR-4327 January 6. 2005 Collier County Planning Commission Page4~5 Agenda Item No. 7E March 22. 2005 Page 11 of 30 2. The yard variance being granted is limited to allowing the encroachments of the existing building solely for use as a church. Any other Conditional Use is subject to re-review of the variance issues. 3. Parking within 3rd Street South, right-of-way is prohibited. All parking must be contained on-site. 4. No variances have been granted to reduce any buffer requirements except for the buffer width from 15 feet to allow a 10-foot wide buffer along the north and south property lines. The petitioners must provide a l5-foot-wide type B buffer along the west side of the site; no allowance has been approved that would release the petitioners from the requirement to provide a fence or a wall along any project boundary where a fence or wan would be required. Administrative approval must be sought to address the fence and wall requirements. Buffering materials for the church use must be provided in compliance with the LDC requirements. 5. No expansion or enlargement of the existing building is pennitted. PREPARED BY: KAYDESELEMAlCP, 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, AlCP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION DATE RUSSELL A. BUDD, CHAIRMAN Tentatively scheduled for the February 22, 2005 Board of County Commissioners Meeting V A-2003-AR-4327 January 6, 2005 Collier County Planning Commløalon Page5C;5 ._,~..____iliò,~_;",·",,",,·,";;¡;,·, 17 18 IS LOCATION MAP J ! ...A A liT! II II LOCATION ID¡C:"¡A i ~ i i II i t.J I~ "f · rn ~ ~.~ I SITE MAP PETITION ·VA. 2003· AR. 4327 ,- Ag~nda Item No. 7E March 22.2005 Page 13 of 30 Agenda Item No. 7E March 22, 2005 Page 14 of 30 l' .,.//OJ VARIANCE PETITION (VARIANCE FROM SETBACK (8) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: ¡ V A-2003-AR-4327 ~ . PROJECT #2002060036 . DATE: 9/18/03 Planner AsSIgned: _ KAY DESELEM . ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: DieudoDneBrutus Petitioner's Address: PO Box 0386, Miami, FL., 33238 Telephone: _941-262-5171 Fax#: E-Mail Address: Agent's Name: RonaJ4 F..!~l.Y!lJWu.».lYJ-ºr ..'-..-..-.,-.-. Agent's Address: 12730 New Brittany Boulevard, Fort Myers, Florida 239-437-4601 Fax#: 239-437-4636 E-Mail Address:rnino@vanday.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 Application for Variaoce Petition - 6/24/02 Page 2 of9 PHONE (941) 403-2400IFAX (941) 643-6968 Agen.da Item No. 7E March 22,2005 Page 15 of 30 " Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: N/A Mailing Address City State _ Zip ----- PROPERTY D.ESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Lot (s) Block (s) Section_04_ Twp. _47 S Folio # 00124960000 Acreage Number: _0.69 Range _29E Property LD. # Metes & Bounds Description: See attached legal description Address of Subject Property: _305 South 3rd Street Application for Variance Petition - 6/24/02 Page 3 of9 ,">"~W;¡¡j¡~_"',.>k4i,",'''''·'Ä''·.",;,··,, ,. Agenda Item No. 7E / March 22, 2005 . , hm b Thi . "I' n· 1 . Pag~ 1ß of 30 eXIsting encroac" ent came to e; etc. s narrative app les co ective y to each or the variances requested, . This application is for the purpose of allowing a conditional use church or religious institution the opportunity to locate on a property containinll 0.69 instead of 1 acre (Sect.2.2.9.4), reduce front yard set back from 35 feet to 20 feet (Sect 2.2.9.4). reduce number of parkin!! sÞaces from 33 to 19 spaces lSect.2.3.16) and reduction to the landscaDe buffer of 15 feet tvDe B. to 10 feet tvDe B on the north and south orODertv line side yard (Sect2.4.7.1). as required by provisions of the LDC. The circumstances present lie in the fact that we are dealing with an existing lot of record and existing building. Setback relationships should not be at issue because the building is a non-conforming structure and the matter of setbacks would only become an issue should building improvements exceed 50% of value as required· by Section 1.8.12 of the LDC. Nevertheless, this petition requests a variance be granted to the existing building that is set back 20 feet as opposed to a 30 foot requirement for conditional uses in the VR zoning district. In addition this petition seeks a reduction in the number of parking spaces ITom 33 to 19 spaces. The property transfer was recorded on February 4, 2002 presumably for the express purposes of establishing a church. The existing structure was built many years ago. Section 2.7.5.1.1 provides the opportunity for a dimensional variation to lot area., set backs and parking spaces This dimensional variance requests a lot area reduction from 1 acre to 0.69 acres, a set back of 20. feet versus 35 feet. a reduction in oarkinll from 33 to 19 SDRCes and reduction to the landscaDe buffer of 15 feet tvoe B. to 10 feet me B on the north and south orooertv line..side yard. These variances are deemed necessary because they will foster the goals of a religiouS minority who could not otherwise afford to meet the conventional standards deemed necessary under the provisions of Section 2.2.9.4 and 2.3.16 of the LDC. Dimensional standards in the LDC are designed for a generalized condition in the coastal area. Their application to the Immokalee community makes it at times impractical, and pose an undue burden on property owners. This is one such example. Given the size of the church - membership, approximately 50 families, and its minor denominational status, the lot size is adequate to accommodate the existing buildihg space needs of this church. - ... ....~-. ...~I.o-"-'_____................__-'--.__-----...,..__.__..___ .....---.- - . -.. '. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals sba1l be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (please address tbis criteria using additional pages if necessary.) The responses provided for the variances are collectively appropriate for each variance and it should not pe necessary to reiterate this same material for each variance request included with this application. 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Special circumstances are present In this cale In that we are dealln¡ with an existlna buDding. Although not peculiar to the area we need to deal with the fact that aU adjacent properties are unomcially platted and economic restraints IJmit the abWty of church members to acquire more land when in fact the existing building and Its lot size are adequate for the purposes of this church coD¡regatioD, Again, we suggest the minimum lot size for conditional Ulet has Its genesis based on malnIJne churchet and Is a standard higher than is necessary for DÙnor denominational churches whose membership is .mall and Application for Variance Petition - 6/24/02 Page 5 oU Agenda Item No. 7E March 22, 2005 typically based on a population with atypical cultural makeup. Additionally, it is impo~t to ~d~~ of 30 the fact that most members of the church do not own automobUes. The church b8s a van and members generally are picked up if they physically cannot otherwise attend church services. Tbdact that church fUUCtiODS will take place In an existing buDding with certain set back deficiencies, and the need to construct a parking lot, the variances are neeessary it' in fact the existing buDding is to function as a church. If any of these variances are denied then for all practical purposes this church denomination will have purchased property that they will Dot be able to use as a church. This action will bave serious consequênces, because tbey do not possess, in any short range timeframe, the ability to overcome this econonde condition. Neither are properties in this area of Immokalee easy to dispose of. Consequently, they will lack the financial ability to acquire another site for an extended period of time. 2. .Axe there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Pre-enstiD& conditions are such that the acquisition of additional property poses an undue burden and may restrain the ability of the members of this church to practice their reUgious beliefs on property that they can claim as their own, and to make the necessary improvements wbleb given existing conditions, can only be an improvement. Quite simply tbey cannot afford to meet the optimum standards that would otherwise apply to a church conditional use in a residential zoning district. We appreciate that economic factors are unimportant to application of evaluation criteria and this if literally applied will have dire consequences on this church denomination to food a home in Immokalee. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes a literal application of the rules, which were meant for a general application will work an undue hardship on the members of this church. Acquisition of additional land will pose an extreme fmanclal hardship and in alIllkellhood they would have to abandon this site. This will effectively prevent this church denomination from acquiring tbeir own place ofworsblp. Properties in Immokalee are not easily disposable and no doubt a distressed sale would have further economic consequences. 4. Will the variance, if granted, be the mininmm variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes 5. Will grâñtïngãie variance rcqucste<fëõñfer on the petitionërimy SPCCÚù priVilegëïhãiis-dêniëdbÿ these zoning regulations to other lands, buildings, or structures in the same zoning district. ..'.. ~_... Yes, however the question begs the difference between a church and a for profit conditional use. Certainly, the justification for acknowledging reduced standards for a church bave some merit given its location in Immokalee, and the minor denominational characteristic of its church members. Any reasoned analysis of the physical and economic conditions of this area would conclude with an assessment that the privileges these variances grant will only be beneficlal to this neighborhood of Immokalee. The fact remains that approval of the church will result in upgrades to the qnality of the buDding and the property. This should be seen as an opportunity to introduce property improvements as opposed to any special benefits to the property owner. 6. Will granting the variance be in harmony with the intent and purpose oftbis zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. . We do not believe the granting of the variances will have a detrimental effect or be othenrise injurious to the neighborhood. To the contrary the re-use of the existing bullding will result in improvements which will bring about a marked improvement in the quality of the building and the site. Application for Variance Petition _ 6/24/02 Page 6 of 9 "._---¡"""~-""'''''-"¡<''''''.,,,.,,,.,, ,.' . . . .-- " .-.. --~".----.._'-~ ~ Agenda Item No. 7E March 22, 2005 Page 18 of 30 7. Are there natural conditions or physically induced conditions that ameliorate the goals and obj ectives of the regulation such as natural preserves, lakes, golf course, etc. There are no natural conditions that can help ameUorate the fact that a conditional use of a church on a smaller site will occupy the illite nor IIIhould it benecenarybecau.e In reality no one wUl know the difference. However, the phYlllical improvements to the building and site should make a marked change In bow this property projects itself to Its en'riroDlDent. 8. Will granting the variance be consistent with the growth management plan. There are no pro'rillllons of the GMP that speak to this matter. (i) VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST Tms COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REQUIRED 1. Completed Application 15 X 2. Completed Owner/Agent Affidavit, Notarized 1 X 3. Pre-application notes/minutes 15 X .. - 4. Survey of property, showing the encroachment 1 X (measured In feet) 5. Site Plan depicting the following: 15 X a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 X reference 7. Pre-Application fee, Application fee and Data - X Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements - _Aerial - X MaD Application for Variance Petition - 6/24/02 Page 7 on ._~.._.___....._";,o._~,......""", ""'" (i) Agenda Item No. 7E March 22, 2005 Page 19 of 30 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REOUlRED 1. Completed Application 15 X 2. Completed Owner/Agent Affidavit, Notarized 1 X 3. Pre-application notes/minutes 15 X 4. Survey of property, showing the encroachment 1 X (measured in feet) s. Site Plan depicting the following: 15 X a) All property boundaries & dimensions b) All existing and proposed structures Oabeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 X reference 7. Pre-Application' fee, Application fee and Data - X Conversion fee, checks shall be made payable to Collier County Board of Commissioners ß. Other Requirements - _Aerial - X Map . ....---~ . ~~.....--...'-~-~ ....~ - _.....~ ----. -.--- ---.-..... - A! the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is . in this submittal package. I understand that failme to include all necessary submittal information may esult' the dela of processmg of this petition. OCö-:JA- ~ Date RE-SUBMITT AL V A-2003-AR-4327 , PROJECT #2002060036 , DATE: 9/11/03 KAY DESELEM Application for Variance Petition - 6/24/02 hge 7 of9 ",¡¡,___~~_.ii4'oI>.'';''''"''''"';'''"..,,,.,,, Agenda Item No. 7E March 22, 2005 Page 20 of 30 .- (i) RE-SUBMITTAL VA·2003-AR-4327 PROJECT #2002060038 DATE: 9/11/03 KAY DESELEM AFFIDA VIT . Well oH)"p' ;¡!;g. being first duly sworn, depose and say that we/I am/are t e ow ers 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 We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Wellfurther authorize a.. as our/my representative in any matters regarding this Petition. to act 4.~$¿~ Signature 'if Property Owner Signature of Property Owner .. 1/11-11 ¿f1J~»e Þ1).../t H.~~ Typed or Printed Name of Owner Typed or Printed Name of Owner "-....----.------..--..--.--.~~,-" -~-~._-----"~._~.,,,.___.,.p. ."'._.__. _.0....___., . .-."......~. ."......... ".----.-.. ....--...... "'-'-" -.-_..-.._-~._...,,,..__._.,._-..._---. .,-. .n._.._.._ ...,,_....._.,.,_ h, __ .~,,__ The foregoi~g.!nstrument w~ acknowledged before me this C. day of~ ß ~ fS):1tY>l,by J)1t:t:.< DOiVNIfr t..dl<.J. who is personally known to me or has produced ¡:LDt.. {J,L,3;)./¿¡' "I ¿¡~ as identification. State of Florida County of Collier Application for Variance Petition - 6/24/02 Page 9 of9 Agl3nda Item No. 7E March 22, 2005 Page 21 of 30 ADDR'F.8SfNG CHECKI.IST Plcas~ ccmple1c the íolluwiñg and submil10 lhe Ad":cssing Section ror Revie\v, ~!III itenlS wil1l\Ðnl~' to every Eroiect. Item~ in bold type arc rcauired. . , , J, I.egal description or 5ubject property ()r propCltiCS (copy of langth;y dLo:c,lption møy he Qtlacheà) See a ~ ,. .).,~ d . ___ I>. ~. fl!1io (propçrty ID) D~mb!=r(s) of abo.vc (atta('/¡ to. or cWiocfatc witl!, J¿1/Q/ aas('riptÙm if~lor' lhun one) DO \ ¡.L.. ~ L." bO{'\{J :. ,- 3. Street arldress n, acWrcsscs (us applicable. ifulready D.,rslgn(4f) ~ 5 ~ l.:e ~-f: r ~(~ 4-- ......."'u-ì""h . 4, Location map> sl{owinŠ cxnct lucation ~fprojcct/sitc in relation to ne'dTest pubHc road right-of-way (attach) 5, £opy ofsurvoy (N}u..:mm ONLY FOR UNPLATTED PROPJiRTŒS) k I~ 6. Proposed prnjeçt name (if applir.i.lhlt!) . ~ 7. propošèðSin:-êi names (if üpp/iCIJble.) . '. . 8. Sile )evclopmCflt Plan Number (FOR ExrSTrNO PROJECTS/SrrëS ONLY) SDP 9. Petition Type::" (Cõmplcll~ i1 separate Addrcs~;ng Checklist ror ea£:h Petition Type) [J SDP (Sile Development Phm) r:J SDPA (SDP Amcndment) [J SDPI (SDP lnsuhslanlial Cbange) o SIP (Site: Improvement PIM) - P SlPA (SlP Amendment) [j SNR (Slre~l Na.mc Changes) BtVegetationlëxotic ~emoval PcnniL..) ~r.and Usc Petition ~arianè?~ull1~ usu . Boat Dock Ex!., . Rezonc, PUD" Te7.0I1C, etc.) ~Q'bÇT - Dt:sçrib~: __ .' . .- 10, Projcc\ or development names proposed íòr. or already app.caring in, condomjniWi\ document!! (ifapplicab\e. inJi~le whethct proposed or existing) "--.. o PPL (Plans & Plat Rcvi~) [J PSP (Preliminary Subdivision Plat) [J FP (Final Plat) [J LI.A (L¢I Li~ Adjustmenl) [J UL (.Blasling Pemùt) o ROW (Rigl.1t-of-Way Permit) CJ 'EX') (Excavation Pcnnlt) o VRSFP (V~~. Removal & ~ile I'-ill pçrmi1) ~ ..--...-..-"-"""-"- ~ ·11. Please (""hcck One: ,Œl Chcckli~1 is to be Faxed Buck [J Pt..fSonally pIcked Up . - 12. Applicant Namf!J \ 'i"v--. ~..-"\ t: e,;.L4::.' . ¡»hol1e4~-o)...).3 Fu ~u 3... S DO:-l l.o ¡ 3. Signature on Addressing Checklisl docs not constitute PI0j~\ and/or Street 'Name approval Knd is subjecl to 1ùrthur review by the ^lIùre.~lIil1g S~étion. FOR .~TAFF lJSE ONLY Prim.ary Number ~ 0 \~ Aç1çf~~~ N\1711Þ~ ~~ Þ1: Addrclis Number ... A~~"". Numb" = oil. Applo,cd by M'¿ Oal. --B -1. -01,. RttEtV£O . : ... ...Þ1\ AJ'I'Llt:"T1o.-': JlOKI'LüLt,· HF:ÅRll'((; ro~ (:Ul'mrrmNAl..l!St: -Q]120rnl B~-SUBMITTAL. V A-2003-AR-4327 PROJECT #2002060036 DATE: 9/11/03 KAY DESELEM ";,.,-'"-'"',...._......~.."",..-"""'",,¡"'..,,,.',;,,.."',,..,.'.. ~ -....., - LO'I1"" L... II' *' ft, I1'IUT I. § ;:; p "~....n ~ ..... ! A~enda Item No. 7E LrGAI DESCRIPTt::arCh 22, 2005 KG/NNlNG AT rHC NOItTHEAST ~'bgeT~ of 30 Io'I:ST 380 Fr'T or THE 'AST lþ'o F«T OF" TI£ NDIITH HALF DF" TI£ SOUTH£AS1 QlJAl/T'1l OF" TI£ SOUTHeAST IWAIITCIl OF" SECTI",.. TfJVNSH/f' ., SOUTH. RIINGC ep EAST, ClILLlq c,OIMTr, F"LDRIDII THCNCE IWH SOUTH "'!:~ rHC EAST 8DUNDARr UHF: OF' SAID TRACT weST 3SO FEEr OF" rHC CAST IDi'D raT TRACT ¡If DISTANCE or 1!1D r«T TD rHC PaINT OF' Jl~1HNING or TIlACT H£RE:1N D!SCR1KD¡ TI£NCt: C INlJING SOUTH . ALONG SAID EAST I1DUN1JARr Ll r OF' SAID TIlACT A DISTANCC or eso raT¡ THE IlUN IoI£'sr I/!D rC'T¡ THE:NCE RUN NOItTH e~o reCT. THeNCE: RUN CAST leo rCCT TD A I'DlJolT or .lICGlNNlNG. SAID I'I1OPCRTr BCING ALSO D£$CRJI£"D AS LOTS 3. .. Iþ,¡&.a~ 'fo a;t :!t;i:~l Jifl:~/~fll~N/: or LAKe VIC... f'/1Of'CRTJCS, ......,. ...... -- ~ o o. ~ ° ! ...... I j SOUTH 150,00' (C&M) (a.0,8,) j ._----:-'..- --}.~ =;:;. 1 ~r-- ~ . It.. oil OAAI'HIC SCAU: I . - .. ...... .. ,.... -~ JRC, STREET S. +--- ---.--.--------..-..----...--..-...- ... ....__... -,. lIlIES L ICMItØ ME tND D\I TIC CAlf nÞoeT ... IU ICDIØ :aaJTM, t.. ruvATDII _ IMD 01 .u¡,V,L I., .....a J01'a .. rlG.l ~ ... II ""M1'1N.. .-øcwr VITH ....., ...,. Ke. CIILU LN.DI tImJ, 4. IIIa.ÆtT TD CAIDÐII'I IF m:atI. .. AII1MCT JIDJ IICVtI:WEI. ~ UWYaJII CllTIf1CAnIM IIØU fIG'f ..,.,." f1 MTTI'JII Ø' mu:. iIØCJG,.. r.:oDI " ~ M' ø IG'I YoIIU. vlnan M ~,... .. ØdIlÞW.. MIlO It.IL fIT " n..tIIØIII LlCZNID .-vc.... NIl JWIIICa.. . J. IÞIQ ......... "'una. F'IUiIMmINI . GfIoØI UNIPQIØ.IICD ... "'AIoUID/I UIILI... INIW. . .. IG ema ,....... . rntE'. TIN IIIMt. ...., IQ.Y" na "AU.'~ ...~~ - JUNt J. I'"~ .. K'CIMIIU MIlD'. IT Cl.JDn. !11: CD . ~. ·ntc.· '.. . ',;..~:. ',". ~:~ "_Ie ,"" .'''''.011\ IINt:Jt MIl LDfT . ."" .. . '- . JrIIIIvt. .~ ;,~.',r' :'~I. . = : 'f"Çl,~~ . . "".~ :.." JV,7fi-....- 1:. ~~ THOMAS E. RHOCeS SR. PSM .,a'4 BOUNDARY SURVEY ~5g"" TAJERN¡\Cl.E Dr JETHL£HE>1 ÐIEUPOK IIRVTUS - PASTa_ I 1"'0..'" ION . '" . 11.,,:: £:~Rrlr-ICATr[]N, I COTIn' nM' 1NIS a.yry VAl *IIE UNKI "' .lPlCtT1CN AMI fM4' " MIEn ~~~~~=~.:',[I,~~_=J~~ C'ÞW'TÞ 0.....'. ruIIDA lTillllrurn. -'--"-- ".-.~-_.,," ~ør TRANSMITTAL MEMORANDUM r "VED St.P ,~ 2003 V Agen~:r_ltem No. 7E anasseå Daylor ... Urban Plannln¡ Landscape Archltec:ture Ovll En¡lneerln¡ Tl'&ftic enøn-;ng EnvIronmental Sdenœ Fl 366 To: Kay Deselem AICP Principal Planner Collier Cnty. . Community Dev. & Env Servo Div. 2800 North Horseshoe Drive Naples, FL 34104 From: Terri Melna Project Coordinator tmelna@vanday.com Cc: Date: September 16, 2003 Re: Tabernacle of Bethlehem We are sending you via US Mail the following: Copies Date Description 1 9/16/03 Revised letters to property owner 1 9/16/03 Affidavit of Compliance Remarks: - ._-~- . -"'-'---'~~'- V A-2003·AR·4327 . PROJECT #2002060036 DATE: 9/18/03 KAY DESELEM 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.4601 f 239.437.4636 w vanday.com Document10 Job Number. 40206.04 ""^,.;.¡¡~,,,,~,,~-,,,'.",'"-~"""""";';>"''''''''''' I I I I hcRbYCmtify~ pursuant to Ordinance 01-60, of the Collier County Land Development Code, I id give notice by mail to the following property ownC1'8 and or condominium and civi* associations whose members may be impacted by the proposed land use I I . chsn¡ea at their curren~ address as shown by the records of the Collier County Property Appraiser of an IÌ.pplication req¡t for a rezoning, PUD Jm......òment, conditional use, variance, or parking exemption. at least t1 days prior to the scheduled Neighborhood Information Meeting. The said notice contained the lafmen's description of the site property of proposed change and the time Agenda Item No. 7E March 22, 2005 Page 24 of 30 AFFIDA VIr OF COMPIJANCE and place of a Neighbo~ood Information Meeting. this Per a~ letters and or property OWDC1"S list, which are hereby made a part of Affiç¡~~ State of Florida County of Lee I I d.\.. The foregoing AgrecmþD.t Sheet was acknowledged before me this . LI , day of ...!£P1elT\I!HA. 1.2003 by ~^...l~ L:Ð NINn WhO.iS~to me orwh~ plQUUCed , "' ! ~---~.~,asJdentiñcatioD.~! 1___. ~ œ CAROL L. WIREIAUrilt . lIotaIy PublICI· Stili 01 FIOIIdI . 'MyColllMllDn&pnl.....17... Commllllon .. DDCl2'~.1 t~;(, N~ (Signature of Notary Public) ear/) l L...W ¡'/'C.b 'a..fJj h (print name of Notary Public) . NOTARY PUBUC ',,' strap 194200 302E04 472904 084.0012E04 472904084.0032E04 472904084.0042E04 472904084.0092E04 194200 292E04 472904 084.0072E04 194200 282E04 472904084.0022E04 194200 272E04 472904 084.0002E04 472904 141.0002E04 194200 262E04 472904084.0092E04 194200 252E04 194200 242E04 '472904142.0002E04 194200 232E04 472904127.0002E04 194200 202E04 210100 12E04 210100 22E04 . 472904 130.0002E04 194200 192E04 210100 A 12E04 472904 084.0082E04 194200 172E04 472904 128.0002E04 addline1 BLOCKER. RICHARD BERMUDEZ, CARLOS BEAUHARNAIS, JEAN-JOSEPH HARRINGTON, SALLIE MAE AYALA, MATEO=& NORA WISNIEWSKI, LEONARD BROADHEAD ET VIR, SOPHIE B SMITH, W H=& CUTE CREWS TRS, JIM P=& MARGARET H NEALY, HATTIE MAE AYÞLA, JESUS AYÞLA, CLARA DAVENPORT, ROBERT E=& LYNETTE AYALA,MATEO=&NORA ROSILLO, JOSE L IRIZARRY, CESARIO AYALA, MATEO F WRIGHT, ATHELEA HERNANDEZ, JAVIER=& LAURA REGAN, ISMAELI BERMUDEZ, CARLOS BERMUDEZ. CARLOS JOSURIN, NODILLA JACKSON TR, KING D=& VIOLENE S BERMUDEZ, CARLOS WINGS OF DELIVERANCE INC JACKSON TR, KING D=& VIOLENE S HALL, ALIDA VICTOR Agenda Item No. 7E March 22, 2005 Page 25 of 30 addllne2 BLOCKER, JEWEL M 1009 JEFFERSON AVE W 304 COLORADO AVe PO BOX 695 207 WASHINGTON AVE 2630 35TH AVE NE 3681 SEMINOLE AVE PO BOX 728 TAD 11-22-96 PO BOX 1333 225 NEW MARKET RD W 207 WASHINGTON AVE 9064 THE LN 207 WASHINGTON AVE ROSILLO, MIGUEL CHAVEZ PO BOX 428 207 WASHINGTON AVE PO BOX 43 RUBEN & PAULA GONZALEZ PO BOX 1731 1009 JEFFERSON AVE W 1009 JEFFERSON AVE W PO BOX 1421 UTD 10/24/94 JACKSON FAMILY 1009 JEFFERSON AVE W % BISHOP CALVIN WILLIAMS JF UTD 10/27/94 JACKSON FAMILY 2201 43RD LN SW .. .- RESOLUTION NO. 05-_ RELATING TO PETITION NUMBER V A-2003-AR-4327 REQUESTING VARIANCES IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT AS FOLLOWS: 1) FROM THE MINIMUM LOT AREA REQUIRED FOR A CONDITIONAL USE, TO ALLOW AN EXISTING 0.69 ACRE SITE TO BE DEVELOPED FOR A CHURCH; 2) TO REDUCE THE 3S-FooT FRONT YARD SETBACK TO 20 FEET; 3) TO REDUCE THE 33 PARKING SPACES TO 19 SPACES; AND 4) TO REDUCE THE LANDSCAPE BUFFER ON THE NORTH AND SOUTH PROPERTY LINES FROM A IS-FOOT TYPE "B" TO A 10-FOOT WIDE TYPE "B" BUFFER, FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA. Agenda Item No. 7E March 22, 2005 Page 26 of 30 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto bas adopted a Land Development Code (Ordinance No. 2004-41, as amended) whicb establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, bas held a public hearing after notice as in said regulations made and provided, and has considered the advisability of variances to allow development of a church (LDC §4.02.02.E.) as a Conditional Use on an existing tract containing 0.69 acres instead of one acre; to reduce front yard setback from 3S feet to 20 feet; to reduce the number of parking spaces from 33 to 19 spaces (LDC §4.04.04.G.Table 17); and 4) to reduce the landscape buffer on the north and south property lines from a IS-foot type "B" to a 10-foot wide type "B" buffer (LDC §4.06.02 Table 24), as shown on the attached site plan, Exhibit "A", in a Village Residential (VR) Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regula~ions and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition VA-2003-AR-4327 filed by Ronald F. Nino, AICP, of Vanasse & Daylor, representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is approved for variances in the Village Residential (VR) Zoning District to allow development of a Page 1 of 2 ;O;ili;_il1W¡;¡"¡;¡¡¡~"¡¡"""",",",,,1<H"""'''''''"'_''''''''''''''''';'' Agenda Item No. 7E March 22, 2005 Page 27 of 30 chW'ch (subject to separate conditional use approval) on an existing tract containing 0.69 acres instead of one acre; to reduce front yard setback from 35 feet to 20 feet; to reduce the number of parking spaces from 33 to 19 spaces; and 4) to reduce the landscape buffer on the north and south property lines from a IS-foot type "B" to a lO-foot wide type "B" buffer, as shown on the attached site plan, Exhibit "A", subject to the conditions found in Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOL YED that this Resolution relating to Petition Number V A-2003- AR-4327 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2ooS. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FWRIDA FRED W. COYLE, CHAIRMAN Approved as to Fonn and Legal Sufficiency: Patrick G. White Assistant County Attorney Exhibits: A. Conceptual Site Plan, entitled, "Tabemacle of Bethlehem," prepared by Vanasse Daylor, last revised August 26, 2003. B. Legal Description C. Conditions Page 2 of 2 Agenda Item No. 7E March 22. 2005 Page 28 of 30 ~*z '" ~;:;;~~=~~:;:~ ~1·."" f:?''t.f /".P\IIQIIIJm'~1" I r--.---L--=~~~=---r~_/~/l r-- -~~~-~~:~=---'-'- ,--,1=::;); æ:"~" I II // ~ ~-_...- ... 1"'-- ... ~... "'-.-./ \ I ~ / ......-;-"p. -- _----.--1,./............ /" ,/ ' _._ \.,/'/ \, n<1/ Ii", / / " ..¿:"L ,/ ,/ / / I .'~ \ /\ Ii ,..,.1 ~.I. J '.·¿~~-~~~:~-~~~~·~~~~'-~~i~:~·=·~:~:'~~~~-7"+11 /.:;) ,- Mr --~~~~~:-\. '-1.1 i ¡~:ll:f¡m :. '!i':"ffPl'" ,,"'_ "l =' :F" .i II ~ -~§ ". t ------"-hitLj (' /1¡)" ~~,.~.~ "'IIJOCJ' ~ "I I bW//7//X- _ 0--·;;····,,&· II H j ---') J I ~- ...--~---- --"---""1 l[f~nE=~-=j~~~~~~~:-=-~=~==~~~)-~_:==-~~~t~,,~, ~-< _~ - i \ "-<" / '" -~::::::......."::::~...'.~.-.:~_~,:'o-._=~=_=:::~_=:=_:__-:::";~:=-;;_______..__~~=_=_:_==:...::::::==.:":.:~:;;,_;::::::'>=..==:::::..:.:.:::.:::"=0:::="";:::"'_"==_ I ~ I JRO. S'}¡£j!;T 8. .- ø;~" .-- ..-..'--.....,-.-., R~ <" .1' , I- i III! : ' i , IIII i j UI¡! i Fi'! ! i j !.IJ~¡JLi i I ...j . &!c. ' , i . I no ¡T3T'..~"1. ....., ¡ :i~1 i ..'t"1,..t·'··"r' ...¡ .:.¡..¡ li~ , 11 I: i. ,""'""," . , ... ;;1 In!! i I I J; h 'II! df ilJ~i 1st Q,I I, d~ II I. ~.. ~¡. ". III ~c . _...1 ,,1 Agenda Item No. 7E March 22, 2005 Page 29 of 30 _.._---- ... ---.--- ...EGAL DESCRIPTION BEGINNING AT THE NORTHEAST CORNER DF THE WEST 380 FEET OF THE EAST 1070 FEET OF THE . NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE E9 EAST, COLLIER COUNTY, FLORIDA THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID TRACT WEST 380 FEET OF THE EAST 1070 FEET TRACT A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING OF TRACT HEREIN DESCRIBED/ THENCE CONTINUING SOUTH ALONG SAID EAST BOUNDARY LINE OF SAID TRACT A DISTANCE OF 250 FEET; THENCE RUN WEST 120 FE£T¡ THENCE RUN NORTH 250 FEET, THENCE RUN EAST lEO FEET TO A POINT OF BEGINNING. SAID PROPERTY BEING ALSO DESCRIBCD AS LOTS 3, 4, 5, .6 AND 7, OF A MAP OF A SUBDIVISION PROPOSED TO BE RECORDED UNL'ER THE NAME OF l.AKE VIEW PROPERTIES. VA-2003-M-4327 ExhIbIt L ----- Agenda Item No. 7E March 22, 2005 Page 30 of 30 CONDITIONS OF APPROVAL V A-2003-AR-4327 The foregoing variance petition approval is subject to the following conditions: 1. The variances granted are limited to the use of the existing structure for a house of worship, as depicted and more particularly descn"bed in the applicant's site plan entitled, r'Tabemacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. 2. The yard variance being granted is limited to allowing the encroachments of the existing building solely for use as a church. Any other conditional use is subject to re-review of the variance issues. 3. Parking within 3rd Street South right-of-way is prohibited. All parking must be contained on-site. 4. No variances have been granted to reduce any buffer requirements except for width or to provide relief from the requirement to provide a wall along any project boundary. Buffering materials for the church use must be provided in compliance with the LDC requirements unless separate administrative variance relief is sought and approved in compliance with the LDC. 5. No expansion or enlargement of the existing building is pennitted. 6. The developer will maximize the subject site's land area to provide additional parking spaces, up to the maximum number of parking spaces that can be accommodated on the site, in the area between what is shown on the site plan as "paved aisle" and the western property boundary. (Revised February 3,2005 to Incorporate the CCPC recommendation) EXHIBIT C Agenda Item No. 88 March 22, 2005 Page 1 of 235 EXECUTIVE SUMMARY Petition: PUDZ-2004-AR-5967 EcoVenture Wiggins Pass, LTD., represented by Robert J. Mulhere, AICP, ofRWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson requesting a rezone from the C-4 zoning district to a "PUD" Planned Unit Development zoning district to be known as the Coconilla PUD. The proposed change would allow for 95 dwelling units in two residential towers with 10 floon of residential units over one floor of parking, a public use tract adjacent to Cocohatchee River Park and a marina basin containing 29 wet slips. The property is located at 13635 Vanderbilt Drive in Section 17, Township 48 South, Range 25 East, Collier County, Florida, consisting of 10.45:1: acres. OBJECTIVE: To have the Board of County Commissioners detennine whether the requested rezone is consistent with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approximately 1O.45± acres of land currently zoned General Commercial (C-4) to PUD (Coconilla RPUD). The Coconilla RPUD is a proposed residential development consisting of two 10-story multi-family residential structures to accommodate 95 dwelling units with customary uses; a marina basin with up to 29 boat slips, a ship's store, and related accessory uses and parking for the adjacent Cocohatchee River County Park. The site is CllITel1t1y zoned C-4, but not located within an Activity Center and it is not consistent with the Neighborhood Village Center Subdistrict, however, the site retained its commercial zoning through the zoning re-evaluation program. Due to this fact, the petition is eligible for the "Conversion of Commercial Zoning" density bonus of the Density Rating System of the Future Land Use Element of the Growth Management Plan. Conversion of Commercial Zoning allows the petitioner to apply for a maximum of 16 dwelling units per acre of commercial property converted. (It should be noted that the Density Rating System states that density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code.) As noted, the site is 10.45± acres, but due to .43 acres being submerged land, only the upland 10.02 acres of the subject site is eligible for density calculation. Per the Density Rating System, the maximum number of allowable dwelling units is 160 (10.02 x 16 units per acre), The petitioner proposes a maximum of 95 dwelling units on the eligible 10.02 acres (a density of 9.48 units per acre). The Density Rating System states that density bonuses are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code. Staff' analysis indicates that the proposed project meets the criteria for the bonus. Staff analysis also finds the project compatible with the neighborhood (the residential parcel to the north, Cocohatchee Bay PUD, pennits high-rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximum density of 11 dwelling units per acre). .--. PUDZ-2004-AR-5967 I Agenda Item No. 8B March 22, 2005 Page 2 of 235 As noted, the PUD Master Plan proposes residential development at a density of 9.48 dwelling units per acre in a Coastal High Hazard area. The presence of neighboring Pelican Isle Yacht Club, which is authorized at 11 units per acre, would suggest that the area is suitable for the type, pattern, and intensity of development proposed in relation to physical characteristics of the land, but the designed density in a Coastal High Hazard area would suggest otherwise. The Coastal High Hazard area is an area subject to flooding with a high potential for life and property loss. This brings into question the area's suitability for residential development at the requested density and the density allotted to the Pelican Isle Yacht Club to the south. Would another kind of development be more suitable to the area, such as the proposed hotel conditional use, appearing on the March 22, 2005 BCC agenda (CU-2004- AR-6625) proposed by the applicant as an alternative to the residential project? The subject property is mostly within the Coastal High Hazard Area according to the Collier County Growth Management Plan. The entire property also lies within a Category 1 SLOSH (Sea, Lake, Overland Surges from Hurricanes) Zone. The evacuation time for this zone in a Category 1 stonn is 9.5 hours (the suggested regional hwricane evacuation time is 18 hours). Dan Summers of Emergency Management, on October 22, 2004, reviewed the petition with the requested 95 units and expressed no concern over the requested density and the effects the additional units would have upon the evacuation time for this zone. The majority of the site falls within the secondary protection zone of a bald eagle nest. The petitioner has received an Incidental Take Pennit ftom the US Fish and Wildlife Service (USFWS). A ''take pennit," in this case involves the degradation of habitat. In accordance with Policy 7 .1.2 of the Conservation and Coastal Management Element of the GMP, a wildlife habitat management plan has been submitted for the bald eagle. Policy 7.1.2(2)(d) states, ''For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing two high-rise residential buildings. The Public Use portion of the project will provide additional parking for the Cocohatchee River Park. It will also provide access to the traffic signal at the Wiggins Pass RoadIV anderbilt Drive intersection for the park visitors. Additionally, the proposed PUD document contains a section specifically designed to enhance public beach access, water access for boaters and the enhanced facilities at Cocohatchee River Park as indicated above. Section 6.15 of the PUD document commits to the following developer commitments: the construction of up to 20 additional public accessible vehicle parking spaces; the redesign of the park parking and traffic flow patterns to increase publicly accessible boat trailer parking by up to 29 spaces; and egress from the park to the traffic signal at the intersection of Wiggins Pass Road and Vanderbilt Drive. Additionally, the section commits that the developer shall bear the cost ofpennitting and construction of the above-described improvements. To increase public beach access, the section commits the developer to construct a docking facility in the "- PUDZ-2004-AR-S967 2 · Agenda Item No. 88 March 22, 2005 Page 3 of 235 Lely Barefoot Beach Preserve, to be utilized as a landing facility for the public tTansported via ferry to the Preserve. The total cost of the contribution will be capped at $1,000,000. To enhance public boating access to the Gulf, the developer will donate $1,000,000 to the County, to be utilized by the Collier County Parks and Recreation Department, to purchase or purchase and develop land to be utilized to enhance public access to the water. The money will be applied within a geographic area bounded on the north by Bonita Beach Road, south by Vanderbilt Beach Road, east by US41, and west by the Gulf of Mexico. The rezoning request is seeking three deviations from the regulations provided for in the Land Development Code (LDC). Each deviation will be described with the justification to follow. A deviation ITom Chapter 4.06.02 to reduce the required IS-foot landscape buffer along the project's southern property boundary to 10 feet. The applicant indicates that this is necessary to accommodate the additional boat trailer and vehicle parking for park patrons and a drive aisle for egress from the park and the ship's store at the signalized Wiggins PassNanderbilt Drive intersection. The reduction is necessary to maximize the yield in additional boat and vehicle parking spaces. A deviation ITom Chapter 4.06.02 to reduce the required lO-foot landscape buffer along the-portion of the project's western (marina basin) property boundary to 0 feet and a deviation of the required IS-foot type "D" landscape buffer along the project's ,southern boundary to require a 10-foot type "D" landscape buffer. The applicant justifies these deviations by pointing out that the LDC does not require a setback for marinas, and thus requiring the buffer in this location would not be consistent with the provisions of the LDC. Further, the areas immediately adjacent to these property lines are either open water or mangroves and thus negating any rationale to require such a buffer. A deviation from Chapter 6.06.02, requiring sidewalks on both sides of the entrance driveway, to allow for a single sidewalk to provide for a pedestrian pathway in the fonn of a sidewalk or pavement markings or a combination of both on one side of the project's access drive ITom the marine fueling station and ship's store to Vanderbilt Drive. Justification for the deviation is based upon the dedication of the southerly 30 feet of the subject property to the County and the agreement to redesign the park's traffic flow patterns. Each of the pertinent reviewing County departments has reviewed and supports the requested deviations based upon the physical constTaints present upon the property. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees 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 PUDZ-2004-AR-5967 3 Agenda Item No. 88 March 22, 2005 Page 4 of 235 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 permit 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) on the Future Land Use Map of the Growth Management Plan (GMP). The property is also within the Traffic Congestion Area, part of the Density Rating System, and the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) - that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed - Use District permits a variety of residential and non- residential land uses including mixed use developments such as Planned Unit Developments; water- dependant and water-related uses and other recreational uses such as water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants; and recreation and open space uses. The Density Rating System provides for an eligible density of 4 dwelling units/acre (DU/A) throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU/A), whether in or out of the CHHA, therefore, the subje9t site is eligible for a base density of 4 DU/A. Because the site is within the Traffic Congestion Area, it is subject to a 1 DU/A reduction. However, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted." As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0-16 DUI A may be found consistent with the FLUE. As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated commercial zoning: 1) the zoning re-evaluation program, a regulatory program whereby the County could downzone properties; and, 2) the Conversion of Commercial Zoning density bonus in the Density Rating System, an incentive for a property owner to initiate hislher own rezone ftom commercial to residential zoning. At the same time, the GMP guided new commercial (and high density residential) development to locations deemed more suitable and able to handle such development by establishing the Mixed Use Activity Centers. Through the zoning re-evaluation program, approximately 215 acres of commercially zoned land was downzoned. The Conversion of Commercial Zoning density bonus was applicable throughout the coastal urban area at a maximum of 16 DU/A, except that the Urban Coastal Fringe Subdistrict (area lying south of US- 41, east of the City of Naples - within what was then referred to as the Coastal Management Boundary) was capped at 4 DU/A, in effect limiting the bonus in that Subdistrict to 1 DU/A to add back the 1 DU/A reduced for lying within the Traffic Congestion Area, and except that on Marco ,,- PtnD~2004-~-5967 4 Agenda Item No. 88 March 22, 2005 Page 5 of 235 Island (via a 1991 GMP amendment) density was allowed up to a maximum of 8 DU/A with use of this density bonus, and required preparation of a hurricane evacuation plan. In 1997, with the adoption of the EAR-based (Evaluation and Appraisal Report) GMP amendments, this cap on Marco Island density was removed. Also, the City of Marco Island was incorporated and eventually adopted their own GMP. Since 1989, the Conversion of Commercial Zoning density bonus has rarely been used, Staff surmises this is likely because most eligible properties are deemed more valuable as commercially zoned, andlor the properties are not of such size, dimensions or location as to be suitable for residential development. One such conversion rezone was for a 2.93-acre parcel located on the south side of Bonita Beach Road, adjacent to the west of Little Hickory Bay PUD; it was rezoned in 1995 (petition R-95-8, Ord. No. 95-75) from C-3 to RMF-16, and is now developed, It is also located in the Coastal High Hazard Area. The below table is a comparison of the transportation impact the alternative proposals for the site would generate. Time Period Fonner Marina Coconilla PUD Hotel Maximum C-4 Daily 1,214 539 1301 7,292 AM Peak Hour 33 55 88 311 PM Peak Hour 78 45 102 664 Based upon the above analysis, staff concludes: 1. The proposed uses for the site may be deemed consistent with the Future Land Use Element. 2. The proposed density for the site (9.48 DU/A) may be deemed consistent with the Future Land Use Element as the Density Rating System provides for an eligible gross density of anywhere between 0-16 DU/ A. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: The petition appeared before the RAC on February 3, 2005. The RAC forwarded the petition to the Board of County Commissioners with a recommendation of approval with the following modifications: 1. Amend the Bald Eagle Management plan to identify the procedure to foHow if the eagle is disturbed as a result of the construction activities. 2. Stage the project's activities to start as much work as you can on the northern building (outside of nesting season). 3, Optimize work on the northern building and lag on the southern building. 4. Set up a high definition camera a distance from the nest for (around the clock) observation to study and record the eagle's behavior. The motion passed by a vote of5 to 2. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Comer County Planning Commission heard this petition on March 3, 2005. The CCPC voted on a motion of disapproval, which was made by Commissioner Abernathy. The motion for disapproval failed with a split 4 to 4 vote. The CCPC then voted on a motion of approval, subject to modifying the separation of structures dimensional standard to 100 feet. The motion of approval failed with a split 4 PUDZ-2004-AR-5967 5 Agenda Item No. 88 March 22, 2005 Page 6 of 235 to 4 vote. Based upon the two failed motions, the CCPC did not provide a recommendation for the petition to the Board of County Commissioners. 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. 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 findings 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 recommends that the Board of County Commissioners approve Petition PUDZ-20Q4-AR-5967 subject to the Coconilla PUD, subject to the PUD document attached to the Ordinance, with a maximum density of 9.48 dwelling units per acre. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review ",...--.., PUDZ-2004-AR-5967 6 Item Number Item Summary Meeting Date Agenda Item No. 8B March 22, 2005 Page 7 of 235 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BB This Item to be heard a11:00 p.m. on March 22,2005 This item reqUIre" thai all participants be sworn in and ex-parte dIsclosure be provided by Commission members This Item lo be heerd immediately following Item 7B. PUDZ·20Q4..AR·5967 EcoVenture Wiggins Poss, LTD., represented by Robert J. Mulhere. AICP. of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnsen requesting B rezone from the C--4 zoning district to i!I "PUD" Planned Unit Development zOl1ing distnct to be known as the Coconille PUD. The proposed chs"ge would allow for 95 dwellíng units in two residential towors with 10 floors of residential units over one: ftoor of parking, a public use tract adjacent to Cocot,atchee River Park and 8 marina basin containing 29 wet Ilips. The property 10 loceted at 13635 Vanderbilt Dnve in Section 17, Town"hip 48 Soulh, Range 25 East. Collier County. Fionda, consildng 01 10.45: acres. 3122120059:0000 AM Prepared By Mike Bo"I, AICP 318120058:38:27 AM Commun~y Development & Environmental Services Date Principal Planner Zoning & Land Development Review Oat. Approved By Sandra Lea Community Devolopment & Environmental SarvlclS Executive Setretary Community DClve'opment & EnvIronmental Services Admin. 3/91200510:19 AM Oat. Approved By Mike Bosi, AICP Communfty De'IIelo:Jmlt1t & Envíronmental service.. Principal PI.nnar Zoning & Land Development Rovi.w 3/912005 10:25 ~ Approved By Oote Susan Murray. AICP Community Development & EnvlrDnmenttl Strvic06 Zoning & Land Dllvelopment Director Zoning & Land Development Review 3/912005 12:38 PM Approved By Roy Bellows Community Oevelopment .. Environmental Servlçes Chi.f Planner D~1e Zoning & Land Deyelopment Review 31912005 1: 38 PM Donald L. SCDtt Date Approved By Tr.nsportlon Services. Transportation Planning Director Tranaportotlon Planning 3110/20058:19 AM Approved By Joseph K. Schmitt Cornmunty Oe\leloprnent & EnYlronmental Sorvlces Community Development & Envlronment.1 Slrvlclt/i Admln.trutor Dole Co,nmunity Oevtllop,nent & EnYironmontal Sorvices Adm!n. 3/10/200511:52 AM Oote Approved By Narm E. Feder, AlCP Tronsportion SC'rvICØ8 Transportath')'I Clvillon Admlniatra10r Transportation Servlcos Admin, 3110120051:07 PM Data Approved By OMB Coordlnalor County Manager's Office Adnlinl&trativa As.lstant Office of Man.gem"nf & Budget 3111120059:33 AM Date Approved By Mark IsackSDn County Manager!. Office Budget Analyst OfficII or Managemerrt &. Budget 31151200512:02 PM Oal. Approved By Michael Smyl<owskl County Managor'.. omce Manllgement & Budget Dlntctor Office of Managemunt & Budgat 3/1512UU5 12: 3~ PM Oal. Approved By - James V, Mudd Board of County Commlsvionera County Manager County M.n.ger'$ Office 3/1512D05 3:38 PM Agenda Item No. 88 March 22, 2005 Page 8 of 235 Co~r County ~ '-- ............... - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBUARY 17,2005 FROM: SUBJECT: PUDZ-2004-AR-5967 COCONILLA PUD OWNER/AGENT: Agents: Robert 1. Mulhere, AICP RW A Consulting, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 Richard D. Y ovanovich Goodlette, Coleman & Johnson, P A 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Owner: Wiggins Pass Marina Company, Inc. Tree Plateau Company, Inc. 1020 Crossepointe Drive, Suite 106 Naples, FL 34110-0918 Contract Purchaser: Eco Venture Wiggins Pass Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, FL 33606 REOUESTED ACTION: Tbe petitioner wishes to rezone approximately 10.45± acres of land currently zoned General Commercial (C-4) to PUD (Coconilla RPUD). The Coconilla RPUD is a proposed residential development consisting of two 10-story multi-family residential structures to accommodate 95 dwelling units, with customary uses; a marina basin with up to 29 boat slips, a sbip's store, and related accessory uses and parking for the adjacent Cocohatchee River County Park. Agenda Item No. 88 March 22, 2005 Page 9 of 235 GEOGRAPHIC LOCATION: The subject property is the site of the former Wiggins Pass Marina. It is located in the northwest quadrant of the intersection of Wiggins Pass Road and Vanderbilt Drive in Section 17, Township 48 South, Range 25 East. The parcel is approximately 10.45± acres. D- cot ::E w I- - en i ... d . .,. ~ WI ~ C , . co - .. nIIllL.' I -. ~ ::J a.. . :z . I~ 0 ¡:: ¡:: I w a.. D.. WI < :æ z ·15 0 I- <C (.) 0 -J PUDZ-04-AR-5967 2 - ~ ~"ß, ...:I I' ~ ~~ i ~ :F' ~:~ ~ :~ ~ n' ~ ~'~ >- rn ~ ~ ~- .#'" \ RUlD8NTIAL \., TIlACT.... J ! H~<".... / <~:~' \. /'/ \ V"'I ',: ~krr.Q\M!t- \ \ "" : '" f '\, ") f ',-..,._.;/ "- ,. _. .k.o" ,;// J ! ") () 1./ (. .~_,:..j ." 7~~~~ ~~~:-:.-';":.¡:"..,"~ / '-f~-' i ,) I, \ 1_~\ \ ~ç=. \... \';'''1,1. \ ¡'jí.j(~ \ \, , /"" \ -')''" \_<.... 0 9,' y/ '¡ " \ ... --- TRACT ...... :;(X:<Kv,¡Ctit[ ¡)t.\' :>,O_L'. 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II ~__~-ij,,~~~_l¡""1C- ~):~~.~gC!1W ,...U Agenda Item No, 88 March 22, 2005 Page 10 of 235 It HI If ~ I ~i ~I ~I 1- . ~ ~ -.:: .. !Ii! cS \:$ \.) ¡¡ ~ i ~ ~ tì , , ,.;j ~ f -rll , ~ ~ '. I' ¡chi .., ~ II: iii. ~ ~ ~ ~ r- \0 0'< U") cV: <: t ~ ø. Agenda Item No. 88 Mar-ch 22, 2005 Page 11 of 235 PURPOSEIDESCRlPTION OF PROJECT: The petitioner proposes a residential PUD with private boat slips, and additional parking for the adjacent County park. The project includes 95 residential units in two 10-story mid-rise buildings, not to exceed 120 feet, 29 private wet-slips within a marina basin, a ship's store, and related accessory uses. The subject site is 10.45± acres, but .43 acres of the total is submerged lands and therefore cannot be included in the acreage utilized within the residential density calculation. The site is currently zoned C-4, but not located within an Activity Center and it is not consistent with the Neighborhood Village Center Subdistrict, however, the site retained its commercial zoning through the zoning re-evaluation program. Due to this fact, the petition is eligible for the "Conversion of Commercial Zoning" density bonus of the Density Rating System of the Future Land Use Element of the Growth Management Plan. Conversion of Commercial Zoning allows the petitioner to apply for a maximum of 16 dwelling lDlits per acre of commercial property converted. (It should be noted that the Density Rating System states that density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for the bonus, compatibility with surrolDlding properties, and the criteria in the Land Development Code.) As noted, the site is 10.45± acres, but due to .43 acres being submerged land, only the upland 10.02 acres of the subject site is eligible for density calculation. Per the Density Rating System, the maximum number of allowable dwelling units is 160 (10.02 x 16 units per acre). The petitioner proposes a maximum of 95 dwelling lDlits on the eligible 10.02 acres (a density of 9.48 units per acre). The majority of the site falls within the secondary protection zone of a bald eagle nest. The petitioner has received an Incidental Take Pennit fÌ'om the US Fish and Wildlife Service (USFWS). A "take permit," in this case involves the degradation of habitat. In accordance with Policy 7.1.2 of the Conservation and Coastal Management Element of the GMP, a wildlife habitat management plan has been submitted for the bald eagle. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high-density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a high-rise residential building. Consistent with this policy, the bald eagle management plan for the project provides restrictions on building height and prohibits construction during nesting season. Policy 7.1.2(3) of the Conservation and Coastal Management Element of the GMP states, "The County shall consider and utilize recommendations and letters of technical assistance fÌ'om the Florida Fish and Wildlife Conservation Commission (FWC) and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth PUDZ-04-AR-5967 4 Agenda Item No. 88 March 22, 2005 Page 12 of 235 Management Plans." As noted, the USFWS has issued a biological opinion and its recommendation allows for the multi-story buildings within the secondary zone and/or allows construction during the nesting season. The Bald Eagle Management Plan, Appendix "A" of the proposed MasterPlan has been crafted to be consistent with the USFWS biological opinion, and therefore the Bald Eagle Management Plan is consistent with the GMP. ~r.~e,r,"""." "".. .~f1=í"~·tu- I~ .. ARBOR TRAGE . lID . , ~ 1 SURROUNDING LAND USE AND ZONING: Subject Parcel: Property developed as a marina; zoned C-4 Sun-ounding: North: Southwest: Southeast: Undeveloped land within a residentially designated tract; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Cocohatchee River Park; zoned P (Public Use) Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Pelican Isle Yacht Club; zoned RT (density capped at 11 dwelling units per acre) Undeveloped commercial tract of Wiggins Bay PUD; zoned PUD (4.85 dwelling units per acre) East: South: West: PUDZ-04-AR-5967 5 Agenda Item No. 88 . March 22, 2005 - Page 13 of 235 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan (GMP). The property is also within the Traffic Congestion Area, part of the Density Rating System, and the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) - that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed - Use District pennits a variety of residential and non-residential land uses including mixed use developments such as Planned Unit Developments; water-dependant and water-related uses and other recreational uses such as water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, la1.IDching facilities, fueling facilities, and restaurants; and, recreation and open space uses. The Density Rating System provides for an eligible density of 4 dwelling units/acre (DU/A) throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU/ A), whether in or out of the CHHA, therefore, the subject site is eligible for a base density of 4 DU/ A. Because the site is within the Traffic Congestion Area it is subject to a 1 DU/ A reduction. However, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted." As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range ftom 0-16 DU/ A may be found consistent with the FLUE. As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). The Urban-Mixed Use District sets forth that "any water-dependent andlor water-related land use shall encourage the use of the PUD technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with sunounding land uses." Also, "In åddition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Objective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water-dependant and water-related uses: a) Presently developed sites; b) Sites where water-dependant or water-related uses have been previously established; c) Sites where shoreline improvements are in place; d) Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features could be minimized." PUDZ-04-AR-5967 6 Agenda Item No. 88 March 22, 2005 Page 14 of 235 The subject site is presently developed with a marina, a water-dependent and water-related use. The proposed uses include a water-dependent use - the 1.8-acre marina basin, and O.4-acre public use tract for marina uses and parking related to the adjacent Cocohatchee River (County) Park, FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive PJanning leaves this detennination to Zoning staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. In viewing surrounding properties, gross density and/or net density might be evaluated, and density averaging might be employed. Background/Additional Information When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated commercial zoning: 1) the zoning re-evaluation program, a regulatory program whereby the County could downzone properties; and., 2) the Conversion of Commercial Zoning density bonus in the Density Rating System, an incentive for a property owner to initiate his/her own rezone fÌ'om commercial to residential zoning. At the same time, the GMP guided new commercial (and high density residential) development to locations deemed more suitable and able to handle such development, by establishing the Mixed Use Activity Centers. Through the zoning re-evaluation program, approximately 215 acres of commercially zoned land was downzoned. The Conversion of Commercial Zoning density bonus was applicable throughout the coastal urban area at a maximum of 16 DU/A, except that the Urban Coastal Fringe Subdistrict (area lying south ofUS-41, east of the City of Naples - within what was then referred to as the Coastal Management Boundary) was capped at 4 DUI A, in effect limiting the bonus in that Subdistrict to 1 DU/A to add back the 1 DU/A reduced for lying within the Traffic Congestion Area, and except that on Marco Island (via a 1991 GMP amendment) density was allowed up to a maximum of 8 DUI A with use of this density bonus, and required preparation of a hurricane evacuation plan. In 1997, with the adoption of the EAR-based (Evaluation and Appraisal Report) GMP amendments, this cap on Marco Island density was removed. Also, the City of Marco Island was incorporated and eventually adopted their own GMP. Since 1989, the Conversion of Commercial Zoning density bonus has rarely been used. Staff sunnises this is likely because most eligible properties are deemed more valuable as commercially zoned, and/or the properties are not of such size, dimensions or location as to be suitable for residential development. One such conversion rezone was for a 2.93-acre parcel located on the south side of Bonita Beach Road, adjacent to the west of Little Hickory Bay PUD; it was rezoned in 1995 (petition R-95-8, Ord, No, 95-75) from C-3 to RMF-16,and is now developed. It is also located in the Coastal High Hazard Area. Rule 9J-5. Florida Administrative Code (P.A.C.) Rule 9J-5, F.A.C. contains the minimum requirements for a local government's GMP, including the various elements to be included and what type of information those elements must include or PUDZ-04-AR-5967 7 Agenda Item No. 88 March 22, 2005 Page 15 of 235 address. The Rule is based upon the requirements of Chapter 163, F.S. Specifically, Rule 9J- 5,012, Coastal Management [element], reads, in part: "(3) Requirements for Coastal Management Goals, Objectives and Policies. (b) The Element shall contain one or more specific objectives for each goal statement ... and which: 5, Limit public expenditures that subsidize development permitted in coastal high-hazard areas subsequent to the element's adoption except for restoration or enhancement of natural resources; 6. Direct population concentrations away from known or predicted coastal high-hazard areas; 7. Maintain or reduce hurricane evacuation times;". Once a GMP is adopted, or an amendment thereto, it is reviewed by the Florida Department of Community Affairs, and other agencies, for compliance with Ch, 163, F.S. Once that GMP, or amendment, becomes effective, local development orders (rezones, etc.) are reviewed for consistency with the GMP, not the Statute or Rule. The Collier County GMP - including the Conversion of Commercial Zoning density bonus - has been found in compliance with Ch. 163, F.S. and is in effect. Conservation and Coastal Management Element (CCME) Select portions of Collier County's CCME read as follows: "GOAL 12: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element." These Goals, Objectives, and Policies direct the County to limit its expenditures for public facilities in the CHHA., and reflect the County's desire to limit intensity of development in the CHHA both for reasons of safety to life and property and to lessen the demand for public facilities. Policy 12.2.2 refers to density allowed in the CHHA. by the FLUE, but does so inaccurately. The correction of this internal inconsistency between the FLUE and CCME needs to be the subject of a future GMP amendment, possibly as part of the EAR-based amendments in 2005 (EAR-Evaluation and Appraisal Report). The FLUE is the Element that regulates density in the unincorporated area of the County, with the exception of the Immokalee Area Master Plan PUDZ-04-AR-5967 8 Agenda Item No. 88 . March 22, 2005 Page 16 of 235 and Golden Gate Area Master Plan for those respective areas. Per the FLUE Density Rating System: properties in the Urban Residential Subdistrict (including those within the CHHA) are eligible for a base density of 4 DU/A; because the CHHA (except for +1- one Section) is within the Traffic Congestion Area, those properties are subject to a 1 DUI A reduction; eligible density bonuses for properties in the CHHA are the Conversion of Commercial Zoning (up to 16 DU/A bonus) and Affordable Housing (up to 8 DU/A bonus); and., density in the urban area is limited to a maximum of 16 DU/A, except as may be exceeded via use of Transfer of Development Rights (TDRs) in Chapter 2.03.07 of the LDC - the pre-Rural Fringe TDR provision. The CCME intent to limit residential density in the CHHA, therefore, potential negative impacts to people and property, is inconsistent with the density 1:xmuses in the FLUE that are applicable in the CHHA. In the past, in balancing the need for additional affordable housing with the desire to limit residential density in the Urban Coastal Fringe Subdistrict (which is in the CHHA), the County gave greater weight to the affordable housing need., thus allowed density bonuses for affordable housing in the Urban Coastal Fringe Subdistrict (and in all of the CHHA). Presumably, the same balance was weighed for removing strip and isolated commercial zoning. As to commercial zoning in the CHHA, its development (as commercial) primarily results in more property subject to negative impactE of major stonn events, whereas converting that commercial zoning to residential development results in increased property and persons subject to negative impacts of major stonn events. Future Land Use Map Discrepancy In the vicinity of the subject site, there are locational discrepancies on the FLUM for certain features. The CHHA boundary is depicted along Wiggins Pass Road from US41 to Vanderbilt Drive. However, staff has just discovered there are three features on the FLUM that are incoITectly located - Wiggins Pass Road, the US41/CR887 (Old 41) intersection, and the Wiggins Pass RoadlUS41 Mixed Use Activity Center boundary; all three need to be shifted ~ mile to the north. This raises the question: should the CHHA boundary shift northward with Wiggins Pass Road, or should it remain in its present location which would be ~ mile south of the true location of Wiggins Pass Road? The v.. mile difference affects not only properties on the south side of Wiggins Pass Road, but also affects the subject site - remaining at ~ mile south of the true location of Wiggins Pass Road would place the entire subject site outside of the CHHA. It should be noted that the Category 1 hurricane stonn surge boundary, which the CHHA boundary is based upon, consists of many wavy lines, whereas the CHHA boundary on the FLUM - adopted and in effect - primarily consists of straight lines. It should also be noted that the demarcation of stonn surge boundaries, and the CHHA, is not an exact science; it is based upon computer modeling taking into account numerous variables, including stonn wind speed, stonn landfall location, historical stonn infonnation, etc. It is believed that the County adopted its CHHA boundary with mostly straight lines for ease in identification - the boundary follows physical features in many locations, e.g. portions of Airport-Pulling Road, US41 East, and Goodlette-Frank Road - and, to some extent, to avoid splitting properties. Further, in the case of roads, they sometimes function as a dike against stonn surge given that their elevation is frequently higher than natural grade. Also, using a straight line allowed, in some instances, for taking a more conservative approach; conversely, however, it also resulted in a more liberal approach in some other instances. PUDZ-04-AR-5967 9 Agenda Item No. 88 March 22, 2005 Page 17 of 235 Specifically relevant to the subject site, a detailed map of the Category 1 storm surge boundary encompasses almost the entire property, Similar to the depiction of the CHHA boundary on the FLUM, only a small triangle-shaped portion north of Wiggins Pass Road and adjacent to Vanderbilt Drive is excluded Based upon the foregoing, and discussion with Emergency Management staff, it is Comprehensive Planning staff's opinion that the intent was for the CHHA boundary to follow Wiggins Pass Road. Accordingly, as stated earlier, that places approximately 8S percent of the subject site within the CHHA. Future GMP Amendments Other amendments to the referenced CCME Goals, Objectives and Policies appear necessary as well. In Objective 12.2, the phrase "All future unimproved requests" needs to be clarified. Further, if the intent is that all requests for future development of unimproved property in the CHHA will be denied, then the legality of that statement will need to be evaluated (possible takings issue). In Policy 12.2.2, the last sentence should probably be changed to read in past tense. The zoning re-evaluation program provided for in fonner FLUE PoHcy 3.1k, which included a review of all ''unimproved properties" with residential zoning not consistent with the FLUE, was completed in the rnid-1990s and resulted in some of those residential properties being downzoned to be consistent with the FLUE Density Rating System Since completion of that program, all residentially zoned properties - whether "improved" or "unimproved" - are consistent with the FLUE, either by confonnance with the Density Rating System or by policy. (The Future Land Use Map series includes the "consistent by policy" maps; they include residentially zoned properties not consistent with the Density Rating System but "improved" or with a particular application approved through the zoning reevaluation program that allowed the existing zoning to remain.) Additionally, the County may wish to consider an amendment to the Density Rating System (and possibly one or more Subdistricts) to establish a maximum density allowed in the CHHA and/or to further limit density bonuses eligible in the CHHA and/or to impose a density reduction for properties in the CHHA (similar to the density reduction for properties lying in the Traffic Congestion Area), Such consideration would need to include an analysis of properties within the CHHA as to rezone potential; existing and needed public services and facilities in the CHHA; general compatibility considerations, to the extent possible; hurricane evacuation needs and requirements; affordable/workforce housing needs and any legal considerations. Finally, as noted previously, the FLUM needs to be amended to correct the location of Wiggins Pass Road, the US411CR887 (Old 41) intersection, the Wiggins Pass Road/US41 Mixed Use Activity Center, and the CHHA boundary. Based upon the above analysis, staff concludes: 1. The proposed uses for the site may be deemed consistent with the Future Land Use Element. 2. The proposed density for the site (9.48 DU/A) may be deemed consistent with the Future Land Use Element as the Density Rating System provides for an eligible gross density of anywhere between 0-16 DU/A. PUDZ-04-AR-S967 10 Agenda Item No. 88 March 22, 2005 Page 18 of 235 Consideration should be given to the CCME Goals, Objectives and Policies that encourage a minimization of density in the Coastal High Hazard Area. 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 consistency finding provides a statement to the project, that when developed, it will not excessively increase traffic congestion. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Chapter 10.03.05 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 (BCC). Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Environmental: 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 (6.8), of the Coconilla RPUD document has been written to reflect the most current environmental regulations. The petition is scheduled for the February 2, 2005 Environmental Advisory Commission (EAC) hearing. The EAC fOlwarded the petition to the BCC with a recommendation of approval. The motion passed with a vote of 5 to 2. The EAC staff report is attached as Exhibit "C". Transportation: The Transportation Services Department is recommending approval subject to the following: 1. The entrance to this project shall be aligned with Wiggins Pass Road and the signal at this location. This shall be the only access, based on Access Management Standards to this dev.elopment, except for an emergency connection shown at the north end of the property. 2. A left turn lane, northbound, at Wiggins Pass Road, is required. A southbound right turn lane into the development at Wiggins Pass Road is also required. Utilities: 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 accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. The water management requirements for the development of the PUD shall be in accordance with the regulations of the Land Development Code of Collier County in effect at the time of building pennit application. Zoning and Land Development Review Analysis: Under the Density Rating System, the PUD is eligible for a maximum of 167 dwelling units. The proposed PUD provides for a maximum of 95 PUDZ-04-AR-5967 11 Agenda Item No. 88 March 22, 2005 Page 19 of 235 dwelling units, resulting in a gross density of 9.48 dwelling units per acre, less than the maximwn of 16 dwelling units per acre allowed for by the Density Rating System. The Density Rating System states that density bonuses are dependent upon meeting the criteria for the bonus, compatibility with sUITounding properties, and the criteria in the Land Development Code. Staff analysis indicates that the proposed project meets the criteria for the bonus. Staff analysis also finds the project compatible with the neighborhood (the residential parcel to the north, Cocohatcþee Bay PUD, permits high-rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximum density of 11 dwelling units per acre). The LDC requires that the Planning Commission shall make findings as to the PUD Master Plan's compliance with the suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, SUITounding areas, traffic and access, drainage, sewer, water, and other utilities. The PUD Master Plan proposes residential development at a density of 9.48 dwelling units per acre in a Coastal High Hazard area. The presence of neighboring Pelican Isle Yacht Club, which is authorized at 11 units per acre, would suggest that the area is suitable for the type, pattern, and intensity of development proposed in relation to physical characteristics of the land, but the designed density in a Coastal High Hazard area would suggest otherwise. The Coastal High Hazard area is an area subject to flooding with a high potential for life and property loss. This brings into question the area's suitablity for residential development at the requested density and the density allotted to the Pelican Isle Yacht Club to the south. Would another kind of development be more suitable to the area, such as the Destination Resort Hotel, appearing on the February 17, 2005 CCPC agenda (CU-2004-AR- 6625) proposed by the applicant as an alternative to the residential project? The subject property is mostly within the Coastal High Hazard Area according to the Collier County Growth Management Plan. The entire property also lies within a Category 1 SLOSH (Sea, Lake, Overland Surges from Hurricanes) Zone. The evacuation time for this zone in a Category 1 stonn is 9.5 hours (the suggested regional hurricane evacuation time is 18 hours). Dan Summers of Emergency Management on October 22, 2004, reviewed the petition with the requested 95 units and expressed no concern over the requested density and the effects the additional units would have upon the evacuation time for this zone. The Public Use portion of the project will provide additional parking for the Cocohatchee River Park. It will also provide access to the traffic signal at the Wiggins Pass RoadlVanderbilt Drive intersection for the park visitors. Additionally, the proposed PUD document contains a section specifically designed to enhance public beach access, water access for boaters and the enhanced facilities at Cocohatchee River Park as indicated above. Section 6.15 of the PUD document commits to the following developer commitments: the construction of up to 20 additional public accessible vehicle parking spaces; the redesign of the park parking and traffic flow patterns to increase publicly accessible boat trailer parking by up to 29 spaces; and egress to the park to the traffic signal at the intersection of Wiggins Pass Road and Vanderbilt Drive. Additionally, the section commits that the developer shall bear the cost of pennitting and construction of the above-described improvements. To increase public beach access, the section commits the developer to construct a docking facility in the Lely Barefoot Beach Preserve, to be utilized as a landing facility for the public transported via ferry to the Preserve. The total cost of the PUDZ-04-AR-5967 12 Agenda Item No. 88 March 22, 20ÖS - Page 20 of 235 contribution will be capped at $1,000,000. To enhance public boating access to the Gulf, the developer will donate $1,000,000 to the County, to be utilized by the Collier County Parks and Recreation Department to purchase, or purchase and develop, land to be utilized to enhance public access to the water. The money will be applied within a geographic area bounded on the north by Bonita Beach Road, south by Vanderbilt Beach Road, east by US41, and west by the Gulf of Mexico. The rezoning request is seeking three deviations from the regulations provided for in the Land Development Code (LDC). Each deviation will be descn"bed, with the justification to follow. A deviation from Chapter 4.06.02, to reduce the required I5-foot landscape buffer along the project's southern property boundary to 10 feet. The applicant indicates that this is necessary to accommodate the additional boat trailer and vehicle parking for park pa1rons and a drive aisle for egress from the park and the ship's store at the signalized Wiggins PassNanderbilt Drive intersection. The reduction is necessary to maximize the yield in additional boat and vehicle parking spaces. A deviation from Chapter 4.06.02, to reduce the required 10-foot landscape buffer along the portion of the project's western (marina basin) property boundary to 0 feet, and a deviation of the required 15-foot type "D" landscape buffer along the project's southern boundary to require a 10- foot type "D" landscape buffer. The applicant justifies these deviations by pointing out that the LDC does not 'require a setback for marinas, and thus requiring the buffer in this location would not be consistent with the provisions of the LOC. Further, the areas immediately adjacent to these property lines are either open water or mangroves and thus negating any rationale to require such a buffer. A deviation from Chapter 6.06.02, requiring sidewalks on both sides of the entrance driveway, to allow for a single sidewalk to provide for a pedestrian pathway in the fonn of a sidewalk or pavement markings or a combination of both on one side of the project's access drive from the marine fueling station and ship's store to Vanderbilt Drive. Justification for the deviation is based upon the dedication of the southerly 30 feet of the subject property to the county and the agreement to redesign the park's 1raffic flow patterns. Staff has reviewed" the justification supplied for each of the deviations and has agreed to each of the requested deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): Agents for the applicant held the required NIM on December 8,2004 at St. John the Evangelist Parish Life Center at 5:30 P.M. Approximately 150 people heard the proposal introduced by agents Bob Mulhere of R W A, Inc. and presented by Richard Y ovanivich, Esq., legal consultant for EcoVenture Wiggins Pass, Ltd. Mr. Yovanivich stated the project was to include 95 residential units in two IO-story mid-rise buildings, not to exceed 120 feet, and 29 private wet- slips. He outlined the developer contributions to the county as: 1) One million dollars to redesign and upgrade the existing County parking lot for approximately 49 parking spaces at Wiggins Pass south to Vanderbilt Drive and; PUDZ-04-AR-5967 13 Agenda Item No. 88 March 22, 2005 Page 21 of 235 2) One million dollars for public dock and beach access/acquisition. Mr. Mulhere stated that the developer is also providing traffic signalization at the point of egress abutting Cocohatchee Bay Park. He also said that discussions with the County's Transportation Division didn't provide a definite timeftame for the 4-laning of Vanderbilt Drive. In response to other questions from the audience, Mr. Yovanivich said, ''The eagle's nest is not on our property. . . (it' s) eight hundred something feet from our property". One question focused on the impact of biking and pedestrian access in relation to the length of construction time. The applicant indicated that a 22-24 month construction window was anticipated and that the sidewalks will be built last, at the current standard. Questions regarding boating public's access to the facility was responded to with, "Public fueling will be available, however no public slips will be available, but the general public may lease slips." Mr. Mulhere stated that the developer plans to do substantial environmental clean-up improvements to the site, such as removing contaminated soil. SUMMARY OF STAFF FINDJNGS: Staff analysis indicates that the two ten-story buildings are compatible with the other high-rise buildings in the vicinity. Staff analysis also indicates that the project is eligible for the Conversion of Commercial provisions of the Density Rating System, which would allow a density of 0 to 16 dwelling units per acre. Staff analysis also indicates that the Coconilla PUD is largely within the CIllIA, which, in different sections of the GMP, pennits the use of the Conversion of Commercial density bonus but also encourages limitation of density in this area. (Staff historical knowledge is that, during the creation of the GMP' use of Conversion of Commercial in the CHHA [then the Coastal Management Boundary] was discussed and intentionally included.) How to balance these conflicting components of the GMP will ultimately be answered by the Board of County Commissioners, but until that policy decision is made, staff has given equal weight to both of these provisions of the GMP, as was done by staff when this petition appeared before the Planning Commission in the fall of2003. As stated in the FLUE, density is not an entitlement. The CHHA adjusted base density is a maximwn of 3 dwelling units per acre. Utilizing the Conversion of Commercial provisions, the density of the subject site could be a maximwn of 16 dwelling units per acre, Giving equal weight to both the CHHA and Conversion of Commercial provisions will result in a density that is lower than the maximum density, to decrease the nwnber of residents exposed to stonn hazards, and a density which is greater than the adjusted base density, in order to encourage residential development on commercial property. In light of the conflicts contained in the Growth Management Plan and acknowledging the applicant qualifies for a density bonus under the current density rating system, Staff believes this density should be calculated as half of the difference of the maximwn and the adjusted base (16 - 3 = 13; 13/2 = 6.5; 6.5 + 3 = 9.5), resulting in a density of 9.5 dwelling units per acre (again giving equal weight to both applicable provisions of the GMP). STAFF RECOMMENDATION: PUDZ-04-AR-5967 ]4 Agenda Item No. 88 March 22, ~005 Page 22 of 235 The Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2004-AR-5967 to the Board of County Commissioners with a recommendation of approval, subject to the PUD document attached to this Staff Report, with a density of a maximum of 9.48 dwelling units per acre; with the understanding that the Board's decision on the density of this petition will be a policy decision on which Staff will base future recommendations of density bonuses in the Coastal High Hazard Area. PUDZ-04-AR-5967 15 Agenda Item No. 88 March 22, 2005 Page 23 of 235 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, MANAGER DATE DEPAR1MENT OF ZONING & LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPAR1MENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITI, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION Petition PUDZ-2004-AR-5967 Tentatively scheduled for the March 8, 2005 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSEL A. BUDD, CHAIRMAN PUDZ-04-AR-5967 16 -.-------<-.--..-.. Agenda Item No. 88 March 22, 2005 Page 24 of 235 REWNE FINDINGS PETITION PUDZ-2004-AR-S967 Chapter 10.03.05 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. The Density Rating System allows a density of up to 16 dwelling units per acre for this site. A density of 9.48 dwelling units per acre is proposed. . A large portion of the site falls within the Coastal High Hazard Area of the GTOwth Management Plan. (For a more complete discussion of this area, please refer to the Analysis section of the attached Staff Report.) Therefore, the PUD document, as attached, is consistent with the Collier County Growth Management Plan. 2. The existing land use pattern; The parcel is a proposed residential PUD. The parcel is surrounded by residential uses and a County park. Therefore, the proposed residential land use is consistent with the land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD borders land that is zoned for residential use as well as a County park. Therefore, the subject site 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. The proposed district boundaries are logically drawn since they are consistent with the GTowth Management Plan. EXHIBIT "A" PUDZ-04-AR-5967 17 Agenda Item No. 88 March 22, 2005 Page 25 of 235 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner believes that a commercial parcel in a predominantly residential area promotes an inconsistency to the land use pattern in the local area and therefore the utilization of the Conversion Of Commercial uses provision of the GMP is necessary to promote consistency to the local area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Under the proposed rezone, the property will have residential uses with a density below the maximum that which is allowed by the Density Rating System, which will not adversely affect neighborhood living conditions. Increasing the number of residents in the Coastal High Hazard Area could adversely influence living conditions by increasing evacuation times. (For a more complete discussion of this area, please refer to the Analysis section of the attached Staff Report.) 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 pennit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the penn it. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed residential uses will be required to meet building setbacks and height restrictions. When meeting these requirements, light and air will not be seriously reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; - PUDZ-04-AR-5967 18 Agenda Item No. 88 March 22, 2005 Page 26 of 235 This site is adjacent to other residential uses and a County park An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 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 the proposed change will constitute a grant of special privilege to an individual OWDer as contrasting with the public welfare; If the proposed rezone is detennined by the Board of County Commissioners to be consistent with the Growth Management Plan., the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today could be used for a commercial use, consistent with the C-4 zoning district. However, the developer wishes to utilize the Conversion Of Commercial provisions of the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The request is consistent with the Density Rating System of the Growth Management Plan, and is therefore, within the needs of the community. 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 a limited number of coastal parcels eligible for the Conversion Of Commercial provision. 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. PUDZ-04-AR-5967 19 "¡j;'''''1I!4I/iII\H~;¡¡";,;;:",·,,,,,,;",;,...''''''t;¡>",'''.··''';' Agenda Item No. 88 March 22,2005 Page 27 of 235 While site conditions may restrict the location and square-footage of the residential building, they would not render the property unusable, 17. The impact of development on the availability of adequate pubüc facUities 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 Pubüc Facilities Ordinance, as amended. The rezoning of this property will eventually result in the creation of a residential community. InfÏ'astructure is currently available to the site. If additional infrastructure is required (e.g. life-safety and schools) it would most likely be constructed outside the Coastal High Hazard Area. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. .."-' PUDZ-04-AR-5967 20 ~'------'''''^'-~- Agenda Item No. 88 March 22, 2005 Page 28 of 235 PUD FINDINGS PETITION PUDZ-2004-AR-S967 Chapter 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics ofthe land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Consistent with the provisions of the Growth Management Plan, as previously analyzed, the intent of the CCME is to limit residential density in the CHHA, and thereby, potential negative impacts to people and property. Staff's opinion is residential density should be minimized in the CHHA, consistent with the provisions of the OMP. In light of the conflicts related to density in the OMP, the suitability of this part of the Coastal High Hazard Area for residential development is a decision that will ultimately be made by the Board of County Commissioners. Other types of development may be more suitable (please refer to the Analysis section of the attached Staff Report), but Staff analysis indicates that this proposed PUD is consistent with the OMP and compatible with the neighborhood. 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 faciHties that are not to be provided or maintained at public expense. The petitioner has provided evidence that the PUD is under unified control. 3. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff' analysis indicates that the Coconilla PUD is consistent with the goals, objectives and policies of the Growth Management Plan. Two seemingly conflicting criteria (conversion of commercial to residential density bonus and coastal high hazard density reduction) were considered in the Staff recommendation (please refer to the Analysis section of the attached Staff Report) and both were detennined by Staff to be equally applicable. EXHIBIT "B" 4. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and butTering and screening requirements. PUDZ-Q4-AR-5967 21 Agenda Item No. 88 March 22,2005 Page 29 of 235 Staff analysis indicates that the Coconilla PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is very little open space on the site as currently developed. The proposed PUD will meet the LDC requirement for 60 percent open space in residential developments. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The PUD is 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. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. InfÏ'astructure is in place in the vicinity and its adequacy will be detennined at the time of SDP approval. 8. Conformity with POO 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 Coconilla PUD confonns to PUD regulations or requests deviations that staff analysis finds justified. PUDZ-04-AR-5967 22 Agenda Item No. 88 March 22, 2005 Page 30 of 235 Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY 2. 2005 I. NAME OF PETITIONERJPROJECT: Petition No.: Petition Name: ApplicantlDeveloper: Engineering Consultant: Environmental Consultant: PUDZ-2004-AR-5967 CoconillaPUD Bco Venture Wiggins Pass, LID. RW A Consulting, Inc. Passarella and Associates, Inc. n. LOCATION: The subject property is the site of the fonner Wiggins Pass Marina. It is located in the northwest quadrant ofthe intersection of Wiggins Pass Road and Vanderbilt Drive in Section 17, Township 48 South, Range 25 East The parcel is approximately 1 0.45± acres. m. DESCRIPTION OF SURROUNDING PROPERTIES: The surrounding properties contain a mix of residential developments and a public park. The residential parcel to the north, Cocohatchee Bay PUD, permits high-rise residential units at a height of 200 feet above parking and the Pelican Isle Yacht Club to the southwest is also a high-rise residential project with a maximum density of 11 dwelling units per acre). Surrounding: North: Undeveloped land within a residentially designated tract; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) East: Vanderbilt Drive ROW, across which is land with a Site Development Plan authorizing a golf course; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) South: Cocohatchee River Park (Collier Parks and Recreation); zoned P (Public Use) West: Undeveloped land within a residentially designated tract which is predominantly mangrove forest; zoned PUD (Cocohatchee Bay PUD; 1.11 dwelling units per acre) Southwest: Pelican Isle Yacht Club; zoned RT (density capped at 11 dwelling units per acre) EAC Meeting Agenda Item No. 88 March 22, 2005 Page 31 of 235 Page 2 of 10 Southeast: Undeveloped commercial tract of Wiggins Bay PUD; zoned PUD (4.85 dwelling units per acre) IV. PROJECT DESCRIPTION: The petitioner proposes a residential PUD with private boat slips, and additional parking for the adjacent County park. The project includes 95 residential units in two 10-story mid-rise buildings, not to exceed 120 feet, 29 private wet-slips within a marina basin, a ship store, and related accessory uses. The subject site is 10.45 acres, but .43 acres of the total is submerged lands and therefore cannot be included in the acreage utilized within the residential density calculation. Since the site is currently zoned C-4, is not located within an Activity Center, and is not consistent with the Neighborhood Village Center Subdistrict, the petition is eligible for the "Conversion of Commercial Zoning" density bonus of the Density Rating System of the Future Land Use Element of the Growth Management Plan. Conversion of Commercial Zoning allows the petitioner to apply for a maximum of 16 dwelling units per acre of commercial property converted. (It should be noted that the Density Rating System states that density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for the bonus, compatibility with surrounding properties, and the criteria in the Land Development Code.) The 10.02 acres of the subject site (minus the .43 acre submerged land) is eligible for a density calculation resulting in a maximum of 160 residential dwelling units (a density of 16 units per acre). The petitioner proposes a maximum of 9S residential dwelling units on the eligible 10.02 acres (a density of 9.48 units per acre). v. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan (GMP). The property is also within the Traffic Congestion Area, part of the Density Rating System, and the majority of the site (+/-85%) is within the Coastal High Hazard Area (CHHA) - that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed - Use District pennits a variety of residential and non-residential land uses including mixed use developments such as Planned Unit Developments; water-dependant and water-related uses and other recreational uses such as water-related parks, marinas (public or private), .,....._.~."-,- EAC Meeting Agenda Item No. 88 March 22, 2005 Page 32 of 235 Page 3 of 10 yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants; and, recreation and open space uses. The Density Rating System provides for an eligible density of 4 dwelling units/acre (DU/A) throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU/A), whether in or out of the CHHA, therefore, the subject site is eligible for a base density of 4 DUI A. But, the site is within the Traffic Congestion Area so is subject to a 1 DU/A reduction. However, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted". As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0-16 DU/ A may be found consistent with the FLUE. As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). The FLUE provides that, when applying the Density Rating System, gross site acreage is used to calculate residential density, less land area devoted to commercial or industrial land uses. This is also how the LDC provides for calculating residential density, and is how staff has in the past interpreted the FLUE. Since the property is proposed for a combination of residential and water-dependent, water-related uses (no commercial or industrial uses), staff believes it appropriate to utilize the entire (non- submerged) site acreage in calculating residential density. Based upon the above analysis, staff concludes: 1. The proposed uses for the site may be deemed consistent with the Future Land Use Element. 2. The proposed density for the site (9.48 DU/A) may be deemed consistent with the Future Land Use Element as the Density Rating System provides for an eligible gross density of anywhere between 0-16 DUI A. Consideration should be given to the CCME Goals, Objectives and Policies that encourage a minimization of density in the Coastal High Hazard Area. Conservation & Coastal Management Element: EAC Meeting Agenda Item No. 88 March 22, 2005 Page 33 of 235 Page 4 of 10 Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards, This project is consistent with the objectives of policy 2,2,2 in that it attempts to enhance the quality and quantity of water leaving the site by the collection of surface water runoff in concrete drainage structures, transportation of the flow in a subsurface conveyance system, and directing the runoff to above ground dry detention in six detention areas and drainage swales. A 25-year stonn will discharge through the water management system and not directly to the marina from the uplands. The project is consistent with Policy 6.1.4 in that an invasive exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document. The, requirement in Policy 6.1.8 to provide an Environmental Impact Statement has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Per the PUD document, agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. The SFWMD FLUCCS identifies Code 540 (Bay) onsite as ·'other surface waters" and COE identifies UWaters of the U.S." and is shown in Figure 2 of the EIS. The proposed marina is for up to 29 slips. Policy 6.3.1 requires the amount of permitted wet slips for marinas be no more than 18 boat slips per 100 feet of shoreline where impacts to sea grass beds are less than 100 square feet. The proposed marina will not impact any sea grass beds if the vessels leaving the marina stay within the limits of the main channel to the Gulf of Mexico. According to the applicant, the existing shoreline is approximately 305 feet, which would allow 54.9 slips; the applicant is proposing up to 29 slips, in accordance with this policy. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement. In accordance with Policy 7,1.2, wildlife habitat management plans have been submitted for the bald eagle. The relevant reference to this project that is required by Policy 7.1.2 to be used in preparing the management plan is the "Habitat Management Guidelines for the Bald Eagle in the Southeast Region", EAC Meeting Agenda Item No. 88 March'22,2005 Page 34 of 235 Page 5 of 10 USFWS, 1987. Policy 7.1.2(2)(d) states, "For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season." Per the USFWS Bald Eagle Management Guidelines, restrictions are recommended on new commercial and industrial development, construction of multi-story buildings or high""density housing developments, construction of roads that increase access to nest sites, and use of chemicals toxic to wildlife. Most other sources of disturbance are allowed within the secondary zone during the non-nesting season. The subject site, located within the secondary zone, is proposing a multi-story residential tower. Policy 7 .1.2(3), states, ''The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the FFWCC and the USFWS in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plans." Included in the EIS is the USFWS biological opinion dated March 6, 2004 for the originally proposed construction of two 22-story residential towers. The USFWS written biological opinion and their recommendations allows for the multi-story buildings within the secondary zone and allows construction during the nesting season with terms and conditions and therefore the eagle management plan is consistent with the GMP. The project is consistent with Policy 7.1.4 in that applicable federal and state pennits regarding protected species will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation has been placed in the PUD document, however this stipulation only applies to· listed species observed onsite. Per Policy 7.2.1, the marina siting criteria was used to determine the appropriate number of docks allowed in order to direct increased boat traffic away from sensitive manatee habitats. A manatee protection plan has been included as part of the EIS. Policy 10.1.1 sets priorities for water-dependant uses in order to protect shorelines where activities will damage or destroy coastal resources. The proposed private marina use faIls in the middle of the priorities list. However, the shoreline along the property has already been impacted. Similarly, Policy 10.1.3 lists priorities for water-related uses: Recreational facilities, marine supply/repair facility and residential development, respectively. Consistent with the policy, the proposed plan is providing a EAC Meeting Agenda Item No. 88 March 22, 2005 Page 35 of 235 Page 6 of 10 private marina, a marine supply facility as well as a residential development, the first, second and third priorities. Per Policy 10.1.6 regarding new marinas, the applicant has provided vehicular parking, fueling facilities designed to contain spills from on-land and in the water, and accessibility to all public services, Per this policy, a hurricane plan will be stipulated in the PUD document. Sewage pump-out facilities will be required at the time of site development plan submittal. This policy also states that dry storage should be encouraged over wet storage. This project proposes only wet storage. Policy 12.1.2 requires that land use amendments in the Category I hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. The applicant states in the EIS that evacuation times will not increase and that this has been reviewed and approved by the Southwest Florida Regional Planning Council and Collier County Emergency Management Department. No documentation has been provided by the applicant. VI. MAJOR ISSUES: Stormwater Manae:ement: The subject site lies in an area referred to in the County Drainage Atlas as "Miscellaneous Coastal Basins" because it discharges directly into the Gulf, Since there are no downstream properties, water quantity (discharge) requirements are not a consideration. There are no County stonnwater facilities in the vicinity of the project. Water quality retention must be accounted for in compliance with the requirements and standards of the FDEP and the SFWMD. Environmental: Site DescriDtion: The subject site is a 10.45-acre fonner commercial marina. No native habitat is present. Wetlands: ,'- The subject site contains 0.43 acres of open water, the shoreline composed of sea wall and boat ramps. The submerged bottom of the bay is - ----_._--<--- RAC Meeting Agenda Item No. 88 March 22, 2005 Page 36 of 235 Page 7 of 10 composed of soft sediment lacking sea grasses within or immediately adjacent to the project boundary. The applicant proposes to excavate a 1.8-acre marina basin and reconfigure to accommodate up 29 wet slips. Preservation ReQuirements: There is no preservation requirement for the subject property, Listed SDecies: The project site is developed and does not contain listed species. The West Indian Manatee may occur within waters near the project site. The majority of the site is located within the secondary protection zone of bald eagle nest CQ-019. This nest is located approximately 830 feet northwest of the project site occupied by a pair of eagles that have successfully fledged young during each of the last four consecutive nesting seasons. As part of the biological opinion from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the tenninal ends of the bay with 0.82 acres of mangroves. This proposal has been withdrawn by the applicant and is long longer included as part of this plan. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No, PUDZ-2004-AR-5967, "Coconilla" with the following stipulations: Stormwater Mana2ement: 1. A Surface Water Management Pennit or an Environmental Resource Pennit must be obtained from SFWMD for this site. SFWMD may defer to FDEP because of the location. Environmental: 1. Add the following language to Section 6.8 of the PUD document: ''Draft restrictions will be in accordance with the Manatee Protection Plan in affect at the time of Site Development Plan/Construction Plan submittal." 2. Amend PUD document 6.8 C to read: "This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted EAC Meeting Agenda Item No. 88 March 22, 2005 Page 37 of 235 Page 8 of]O to Environmental Services staff for review and approval prior to final Site Plan! Construction Plan approval." 3. Add the following language to Section 6.8 of the PUD document: "Any amendment to the Bald Eagle Management Plan shall require review by the Environmental Advisory Council or any successor body. This requirement does not preclude any other hearings required before the Collier County Planning Commission or the Board of County Commissioners" 4, As part of the biological opinion from USFWS, the applicant proposed enhancing the reconfigured marina basin for flushing by planting the tenninal ends of the bay with 0.82 acres of mangroves. Add the following language to Section 6.8 of the PUD document, "Until such time as the biological opinion is modified or written authorization is received ITom USFWS, the requirement to enhance the reconfigured marina basin for flushing by planting the tenninal ends of the bay with 0.82 acres of mangroves remains part of the biological opinion and shall be included and shown as part of final site plan approval." 5. Add the following language to Section 6.8 of the PUD document: "Petroleum cleanup at the subject property shall meet the standards as described in 62-770, Florida Administrative Code (F.A.C.). During storage tank removal and closure, a significant amount of contaminated soil was removed and stockpiled. A discharge report fonn shall be filed as required by 62-761, F.A.C. and a site assessment initiated as outlined in 62-770, F.A.C. During Phase I & II site assessments provided by the applicant, some sampled areas other than the tank pit area were found to have exceeded state cleanup target levels. A re-sampling shall be required for all contaminants that exceeded soil or groundwater cleanup target levels as defined in 62-777 F.A.C. Results shall be submitted to the Collier County Pollution Control and Prevention Department for their review (attn: Phil Snyderburn). If the re-sampling of these areas confinns that state cleanup target levels are exceeded, a site assessment will be required for the areas exceeding the state cleanup target levels in 62- 777, F.A.C. in addition to the site assessment already required by 62- 770, F.A.C. in the fonner tank: pit area. Remediation scopes will be determined by the site assessment(s) result(s) and conclusion(s), Cleanup shall be required prior to SDP approval." PREPARED BY: EAC Meeting Agenda Item No. 88 March 22. 2005 Page 38 of 235 Page 9 of 10 STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUSAN MASON DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT MIKE BOSI, A.LC.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Agenda Item No. 88 March 22, 2005 Page 39 of 235 - Page 10 oflO REVIEWED BY: BARBARA S, BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P,E" DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR, DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR - "'-'"-"""'""""~""'""'--'~--~.- I II' ORDINANCE NO. os-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 04- 41 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLUER COUNTY, ft..ORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-4" GENERAL COMMERCIAL DISTRICJ' TO "POO" PLANNED UNIT DEVELOPMENT KNOWN AS COCONILLA RPUD LOCATED ON VANDERBILT DRIVE (C.R.# 901), AT THE WESTERN TERMINUS OF WIGGINS PASS ROAD (C,R.# 888), IN SECTION 17. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA, CONSISTING OF 10.45 ACRES; AND BY PROVIDING AN EFFECI1VE DATE. WHEREAS, Robert J. Mulhcrc, AICP, of RWA Inc., and Richard D. Yovanovich of Goodlette, Coleman & Johnson, PA representing EcoVenture Wiggins Pass, Ltd, 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 17, Township 48 South, Range 25 East, Collier County, Florida, is changed fÌ'Om ftom ''C-4'' General Commercial Zoning District to "PUD" Planned Unit Development District in accordance with the Coconilla RPUD 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, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon tiling with the Department of State. PASSED AND DULY ADOPTED by the Board of Cowtty Commissioners of Collier County, Florida, this _ day of ,2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK., CLERK Approved as to Fonn and Legal Sufficiency Matjorie M. Student Assistant County Attorney PUDZ-04-AR·S967 -1- Agenda Item No. 88 March 22, 2005 Page 40 of 235 Agenda Item No. 88 March 22,2005 Page 41 of 235 COCONILLA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPOR'I1NG MASTER PLAN GOVERNING COCONILLA. A PLANNED UNIT DEVElPPMENT (PUD), PURSUANT TO PROVlSIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-102, AS AMENDED. PREPARED FOR: ECO VENTURE WIGG1NS PASS, LTD. 601 BAYSHOREBOULEVARD, SUITE 960 TAMPA, FL 33606 PREPARED BY: ROBERT J. MULHERE, AICP 'UWTAmc CONSULTING .......... Y y..L. ..... 3050 NORTH HORSESHOE DRIVE, SUITE 270 . NAPLES, FL 34104 & RICHARD D. YOV ANOVICH GOODLETTE COLEMAN & JOHNSON 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 .------- ._._-~- .--..--. _......._.~ .---. ..~"--_._.~-_.---'.~..__.. ¡ I DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER DATE AMENDMENTS AND REPEAL DOCUMENT DATE EXHIBIT "A" N:\2OCXI\œ.OO11.01 WIgioo,.. PUD\ASO! PtJI) ~IOIIøro(Vtri.I:z..2S.04)._ --'- ,.. '"';'>'''_¡"'''$~"¡IIòIli~"'"'~";'''h",'"'"''''"''''>'';''''' INDEX PAGE List of Exhibits and Tables 11 Statement of Compliance III SECTION I Property Ownership & General Description 1.1 SECTION II Project Development 2.1 SECTION ill Residential "R" Development Tract 3.1 SECTION IV Public Use "p" Tract 4.1 SECTION V Marina Basin ''M'' Tract 5.1 SECTION VI General Development Commitments 6.1 . ...__~_~_H.,_ _ ._______.____..__.._....._. ._.. ,....... ,._ ..~ .. ........_ ...._..~.._ .._.u._ _ ._. .. i N:I1G01'm-OOII.OI WJøIaI.... PUDV.S09 PUD ~.IOItCr)<Vn.I1-Z3-04),cIac Agenda Item No. 88 March 22, 2005 Page 42 of 235 EXHIBIT "An EXHmIT "B" TABLE I TABLE IT APPENDIX "An APPENDIX ''B'' LIST OF EXRTRTTS. APPENDICES ~ TABLES Planned Unit Development Master Plan Legal Description Land Use S11mmary Development Standards Bald Eagle Habitat Management Plan West Indian Manatee Habitat Management Plan , . .'. -..---- " ._...__._'-~..- -.'-___.. _...__. _. ._....____ __..___.._._._ '_n Agenda Item No. 88 March 22, 2005 Page 43 of 235 .~-, "-:. -'~' 0. "-_....~.'....____.,,,. ."..,._ .__~ ·""_"'·__··,·_n, .~,_ _.' _.._ ._···,.M .__....-_._.._...'.~."... ·".....---..._._...·..________......M.4....._..... ......_ "....u..._...._...... ü N;\2OO¡\Øz,.oOII.DI WIgioIlwI PIJD'IASOS PUD ~1~0r6-Iz,.Z3-04)""" Agenda Item No. 88 March 22, 2005 Page 44 of 235 STATEMENT OF COMPLIANCE ' The proposed Planned Unit Development (PUD) provides for the development of approximately 10.45 :%: acres of property in Collier County to be known as Coconilla PUD and allowing for up to 9S residential units in two 10-story residential tower buildings, with customary accessory uses; a marina basin with up to 29 boat slips, a ships store, and related accessory uses (Project). The Project will comply with and further the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan (GMP). Coconilla PUD will be consistent with the applicable elements of the GMP for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Coconilla Project are adequate. The project will participate in the expansion of èxisting public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Coconilla. PUD will be compatible with and complimentary to existing and planned land uses in the vicinity. The project lies in a waterfront area, which includes significant high-rise multi-family development. 3. The subject property's location in relation to existing or proposed community facilities and services permits the project's residential density as described in Objèctive 2 of the Future Land Use Element (FLUE) and further authorized by the Conversion of Commercial ZOnIDg Policy set forth in the Density Rating system of the FLUE. 4. The project is compatible with and complementary 10 existing and future surrounding land uses as required in Policy 5.4 oithe FLUE. 5. Under the FLUE Density Rating System as an incentive to convert commercial zoning which is not consistent with the locational requirements set forth in the FLUE, a density bonus of up to 16 units per acre may be granted for conversion of such non-confonning commercially zoned properties from commercial to residential use. The project must be compatible with the SUIrOunding land uses. The subject property, located on Cocohatchee Bay with direct access to the Gulf of Mexico, is immediately adjacent to and compatible with the Cocohatchee Bay PUD Zoning District to the north, west, and east across Vanderbilt Drive. That PUD Zoning DistricCallows high-ri,se residential development adjacent to the subject property and golf course development to the east, across Vanderbilt Drive. The County Park and the Pelican Isle Yacht Club Marina and Residential Towers are located to the south of the subject property. The allowable residential uses are compatible with adjacent residential and park uses. The ProjeCt's allowable gross density is calculated utilizing the total Project size, excluding .43 acres of submerged lands. The gross density for the PUD is as follows: 95 units/10.02 acres = 9.48 dwelling units per acre. ,,6... .__ .JmPJ:ov~~J;lts are pl~~(L!ÇL.Þ~ in Cºglp[BA~~_JVÍ1:l!_~lical>J~_~~ctions_~!..~~,5:?lli~.. _,,__ d County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 7. The project will result in an efficient and economical allocation of community facilities and services consistent with Objective 3 oithe FLUE and its attendant Policies. 8. The project is planned to protect the functioning of natural drainage_features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to the County's ConcUITency Management System as set forth in the Transportation Element and implemented through Chapter 6.02 of the LDC, Adequate Public Facilities. ill 1'/:\2002\02-0011.01 Wi.... PuI PUD\AS09 PUD ~lOllar)'(Vft.I2-Z3-'14).cIao Agenda Item No. 88 March 22, 2005 Page 45 of 235 - SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the pr9Perty, and to describe the existing conditions of the property proposed to be developed under the project name of the Coconilla PUD. 1.2 LEGAL DESCRIPTION The subject parcel is located in Section 17, Township 48 South., Range 25 East, Collier County, Florida. See PUD Exhibit "B" for a full legal description. 1.3 PROPERTY OWNERSmp The subject property is owned by Wiggins Pass Marina Co. Inc., a Florida Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on Vanderbilt Drive (C.R. 901) at the terminal point of Wiggins Pass Road (C.R. 888), in Section 17, Township 48 South, Range 25 East, Collier County, Florida. The lands to the north and west of the subject property are zoned Planned Unit Development (PUD); specifically, these lands are a part of the Cocohatchee Bay POO. Lands directly to the east of Wiggins Pass Marina are part of the Vanderbilt Drive right-of-way, Across Vanderbilt Drive, further to the east, the property is also part of the Cocohatchee Bay PUD. To the southwest of the property is the Cocohatchee Bay. To the south is the Cocohatchee River Park (fonnerly known as Conklin Point), maintained by Collier County Parks and Recreation Department. This property is zoned "P", Public Use. B. The zoning classification of the project prior to approval of this PUD Document was C-4. 1.5 PHYSICAL DESCRIPTION A.. The site is gemer~ly tJ,at, r8I1gjµg in elev~tion :fÌ'om 0.0 feet NGVD. at the Cocohatchee Bay to approximately 9.48 feet NGVD. The uplands generally range . :fÌ'om 5.06 feet NGVD to 9.48 feet NGVD. The site lies within Flood Zone AE (EL 12 feet) according to Flood Insurance Rate Map (FIRM) Map Community 120067, Panel 0187 E, dated August 3, 1992. B. The project lies within South Florida Water Management District No.6. Drainage from the property will discharge into Cocohatchee Bay after pre-treatment. C. Soil types within the project include: Aquents complex, consisting of urban land and soil materials that have been dug from different areas of the County and 1.1 1'1:\2.002\02-4011.01 vr.... _ PUD\ASO!I PUD ~IOIIo«V_I:z..:a44).doc Agenda Item No. 88 March 22, 2005 Page 46 of 235 spread over muck soils (such as those which historically existed on the site) as fill material; and, Holopaw-Basinger complex. consisting of urban land and fine sands and sandy loams to a depth of at least 80 inches. 1.6 PROJECT DESCRIPTION The project will consist of up to 95 residential units in two lO-story residential tower buildings, and will include: a gatehouse; a marina building/ships store and marina basin with up to 29 boat slips; intcmal roadways; guest and marinalservice parking areas; water features and detention areas; off-site turn lanes onto Vanderbilt Drive; associated on-site underground infrastructure; and typical associated accessory uses. Residential and recreational uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering, and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "COCONILLA PLANNED UNIT DEVELOPMENT ORDINANCE." 1.2 N:~I8.01 w.... P... PUI7.ASOP PUD IIaIIbmiI1IIIComllolU'\JD2..IOouIoJ(V_I2-23004).dac .-.--.-.- ..~ -- - Agenda Item No. 88 March 22, 2005 Page 47 of 235 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development, the relationships to applicable County orclinances, the respective land uses included in the project, as well as other project relationships. 2.2 GENERAL A. Development of the Coconilla PUD shall be in accordance with the contents of the PUD Document and applicable sections of the LDC and GMP in effect at the time of issuance of any development order to which such regulations relate such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Where the regulations set forth in this PUD fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Deviations from the provisions of the LDC (or any other applicable provisions of the Collier County Code) are set forth under Section 2.3 of this PUD Document. . B. Unless otherwise noted, the definitions of all terms shall be the same' as the definitions set forth in the lDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Coconilla PUD shall become part of the regulations that gove.-n the manner in which the PUD site may be developed. D. Unless modified, waived, or excepted by this PUD and identified under Section 2.3 of this Document, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this PUD. E. Development pennitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6.02, Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is illustrated by Exhibit "A," the PUD Master Plan. The nature and extent ofland uses within the project are indicated on Table 1. 2.1 N:\ZOO2\1noOO11.01 .........,..1'IJD\ASœ P'UI) _~JlIlux,(V_I:z.u.04~dac -.. .~.. -_... .. Agenda Item No. 88 March 22,2005 Page 48 of 235 COCONILLA LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U. s / WETSLIPS ACRES % of SITE Residential ''R'' Up to 95 DUs +/- 8.25 acres 74% Marina uM" Up to 29 slips +/- 1.80 acres 18% Public Use uP" N/A +/- 0.40 acres 8% Total ,10.45 100% Open Space Landscaping/Hardscape (promenade) Detention AreasIW atf:! Features Marina Pools Total Open Space +/- 6.7 acres or 64% +/- 4.2 acres +/- 0.6 acres +/- 1.8 acres +/- 0.1 acres Impervious Area Paved Area Buildin~ Total Impervious +/- 2.7 acres +/- 1.1 acres +/- 3.8 acres or 36% 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, andlor condominium plat for all or part of the POO, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the POO Master Plan, the LDC, and the platting laws of the State of Florida. B. Exhibit "A." the 'PUD Master Plan, constitutes the required PUD development plan. .Any division of property and the development of the land shall be in compliance with Chapter 10.02.04 of the LDC, and the platting laws of the State of Florida. 2.2 N:=OOIa.OI vr.....l'..PIJDV,S09 1'00 a-bmitafICocoaIIloDUDZ-lo.a.,(Vri-I1-23.04).doe ..~ '-_._--- ~ ,- C. Agenda Item No.8S March 22, 2005 Page 49 of 235 The provisions of Chapter 10.02.03 of the LDC, when applicable, shall apply to the development of all plattèd tracts or parcels of land as provided in said Division. Site development plan approval shall be obtained prior to the issuance of any bui1<ling permits. D. Utility, road, public and private easements and or d,edications shall be established as required during the'SDP and/or plat approval process. E. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL CENTER I SALES & CONSTRUCTION OFFICES A temporary mode1lsales center, construction office, and other uses and structures related to construction 9dministration, promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be a perIn;Ìtted principal uses in the Coconilla PUD, subject to the requirements of Chapter 5.04.04 and other applicable sections of the LDC. A sales center may be permitted prior to final plat approval or as part of a separate SDP, as provided in Section 5.04.04.B.5 .c. 2.6 AMENDMENTS TO PUD DOCUMENT OR POO MASTER PLAN .- Amendments maybe made to the PUD as provided in Section lO.02.13.E. of the LDC. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON ~A MAINTENANCE Common area maintenance will be provided by a master property owners' association. The association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the master association, the applicant may create a property owners' association(s) or condominium association(s), whose functions shall include provision for the perpetual maintenance of such common facilities and open spaces. The master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and reserves serving the Coconilla PUD, together with any applicable permits from the Florida Department pfEnviromnental Protection, U.S. Army Corps of Engineers and South Florida Water Management District. 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development (PUD) District is intended to encourage ingenuity, innovation, and imagination in the plamring, design and development of land under unified ownership or control, as set forth in the Section 2.2.20.2.3 of the LDC. The subject site will be developed in harmony with surrounding land uses and shall be I 2.3 M,I2IICI2Iœ.(IQII.OI WIgina.... ~ PUD "'~lJD1..lo.u..,(V_I2-23.cM).doc Agenda Item No. 88 March 22, 2005 Page 50 of 235 compatible. in terms of arcbitecture and land use with existing and proposed surrounding land uses. The site shall be designed with a common architectural theme including enhanced and integrated building architecture components. water features, landscape design. and entryway features. Building heights are limited to 10 stories above one floor of parking, not to exceed 120 feet, measured as provided for under the definition of Building, Zoned Height of, set forth in the LDC. Increased setbacks are provided from Vanderbilt Drive in order to anow for innovative landscape buffers, and a pleasurable streetscape.· 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Coconilla POO. General permitted uses are those uses that generally serve the developer and residents and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Chapter 2.01.03 of the LDC. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank: treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Recreational facilities such as pools, fitness and community centers. tennis courts. and similar structures. 7. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants including necessary access ways, parking areas, and related uses, subject to Section S.04.04.B.5.c of the LDC. 8. Landscape features including, but not limited to, landscape buffers. berms, fences. water features, and walls shall be in accordance with the LDC in effect at the time of final plat approval or site development plan approval unless otherwise specified herein. 9. Any other use, which is comparable in nature with the foregoing uses. consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures associated with General Permitted Uses: 2.4 N:~11.01 WIgIao_PUÞ.AS09 PUD ~IOoIor)(Vri-l~13~).cIoc Agenda Item No. 88 March 22, 2005 Page 51 of 235 1. Setback ftom Vanderbilt Drive· Fifty feet (50'), except for: a) Guardhouseslgatehouses, access control structures and other structures supporting water features, detention areas, or lakes such as bulkheads or walls, which shall have no required setback; and b) Temporary construction offices and sales facilities which shall be set back a minimum of thirty feet (30') trom Vanderbilt Drive. 2. Setback from other exterior property lines· Twenty feet (20'). 3, Minimum distance between structures· Ten feet (10'), 4. Minimum floor area - None required. 5. Sidewalks and/or bikepaths may be placed within County required buffers. The width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk or bikepath. The interconnecting sidewalk trom the project to the Cocohatchee River Park is specifically excluded trom this provision to increase the landscape buffer based on infringement into the landscape buffer set forth in Section 4.06 of the LDC. 6. Standards for parking, landscaping. signs and other land uses where such standards are not specified herein, are to be in accordance with the applicable LDC provisions iri effect at the time of final plat or SDP approval. 2.10 OPEN SPACES REQUIREMENTS The Coconilla PUD shall be required to provide a minimum of sixty (60) percent open space as required by Section 4.02.01 of the LDC. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS The site is developed and is void of native vegetation. Native vegetation landscape areas shall be provided in accordance with LDC requirements. 2.12 LANDSCAPING REQUIREMENTS In addition to the applicable requirements of Section 4.06 of the LDC. the following shall apply: 1. A perimeter benn along the Vanderbilt Drive trontage shall be constructed in conformance with Section 4.06.05 of the LDC. 2. A Type "D" landscape buffer with a minimum width of fifteen (15) feet shall be developed along the Vanderbilt Drive frontage. The landscape buffer shall include development features that provide for an attractive vista along the Vanderbilt Drive 2.5 N:\ZC01.\Q1.OO18.01 Wïuiu'" PUD\A.SOS PUD ItaabmilllJ\c-allUtJm..lono.,(Vd-I;..Z3-04).døc Agenda Item No. 8S March 22, 2005 Page 52 of 235 corridor and may incorporate detention areas, small· fountains or other similar water features and an architecturally designed wall. Such features shall be located ay least fifteen feet from the property line, maintaining a minimum fifteen-foot wide planting area. 3. The width of required perimeter landscape buffers along the westem and southern project boundaries may be reduced as follows: a) The required Type "D" fifteen-foot landscape buffer along the project's southern property boundary may be reduced to ten feet (10'), a deviation from Section 4.06.02 of the LDC. This is necessary to safely design, and maximize the yield of, additional boat trailer and vehicle parking spaces and to allow for a drive aisle for egress from the park at the signalized Wiggins PassIV anderbilt Drive intersection. This 10-foot buffer shall be deemed to meet the IDC requirements for buffering between the Cochatchee River Park (Public Use zoned property) and this POO. b) The required landscape' buffer along the portion of the property's western boundary (marina basin) shall be reduced from the required ten feet (10') to zero feet (0'), a deviation from Section 4.06.02 of the LDC. The IDC dos not require a setback for marinas, thus requiring the buffer in this location would not be consistent with this provision in the LDC 4. Other than as specifically indicated in Paragraph 3 of Subsection 2.12 above, all other landscape buffers shall comply with the provisions of the Collier County LDC at the time of site development plan approval. 2.6 N:~I'.OI w..... _PUDIAS09 PUn ~\Jln-IOIIor){V_I2-23-44).doc Agenda Item No. 88 March 22, 2005 Page 53 of 235 :.-- SECTION m RESIDENTIAL "R" DEVELOPMENT TRACT 3.1 PURPOSE The pmpose of this Section is to establish land use regulations and development standards for the residential development tract designated on Exhibit "A/' the PUD Master Plan, as "R". 3.2 MAXIM:uM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 95. The subject property contains 10.45+/- acres. The gross project density is 9.48 dwelling units per acre (based upon 10.02 acres and excluding.43 acres of submerged lands). 3.3 GENERAL DESCRIPTION The area designated as lOR" on the PUD Master Plan is designed to accommodate the 95 multifamily residential dwelling units, as well as recreational facilities, essential services, and other customary accessory uses. The approximate acreage is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Chapter 10.02.03 and Chapter 6 of the LDC. The Residential Tract "R" is designed to accommodate internal roadways, open spaces and amenity areas, lakes, detention areas, and other water management facilities. 3.4 USES PERMITTED A. Principal Uses 1. Multiple-family dwellings. 2. Off-site hauling of excess excavated fill materials during construction, subject to the issuance of a commercial excavation permit if required, consistent.with the Divisiop. 3.5 of the !..pC. 3. Marina and related uses including marina fueling facility, ship's store and chandler's office. B. Accessory Uses 1. Uses and structures customarily associated with principal uses. 3,1 N:UOO1'D2-4OIa.OI WIgiaI P. ~ POD ~1~~L2-23-04).doa --.. --- - ..- .--- -.---.-- Agenda Item No. 88 March 22, 2005 Page 54 of 235 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools, or similar recreational uses. 3. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the uRn Residential Tracts. B. Standards for parking, landscaping, signs and. other land uses, where such standards are not specified within Table II or within the Coconilla PUD, shall be in accordance with the lDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. DEVELOPMENT STANDARDS lOR" Multi- Family Dwellings Minimum Lot Area N/A Minimum Lot Width N/A Setback for Principal Structures From Fifty percent (50%) of BH, except adjacent to Vanderbilt Drive where % the setback is one hundred percent (100%) of building height. The Exterior PUD Boundary pavilioDlparking structure(s) shall be set back a minimum of tbirty.five feet (35') from external PUD boundary. For generally per.ari~d structures see Section 2.9 B. Setbacks for Accessory Structure Ten feet (10') or equal to the amount required by the IDC or this PUD Setback from Exterior PUD Boundary for the landscape buffer if greater than ten feet (10'). For generally pcnnitted structures see Section 2.9 B. From Water ~ Residential structures and parking structure - 20 feet Marina related structures - None For ~eneral1ypermitted strnctures see Section 2.9B. Maximum Building Height (BR) Tower buildings: Building heights shall not exceed 10 stories above one floor of parking and 120 feet. All other structures: 50 feet. ...... ..-..... .... .. .. ... . . ....... .. Distance Between Principal Structures 0.25 SBH. 1 Floor Area Minimum (Square Footaae) 1800 SF COCONILLA DEVELOPMENT STANDARDS TABLE n 1lli: S1lli: 1 2 (Building Height): Building height is defined as set forth in Article 6 of the IDe. "Building, zoned height of". (Sum of Building Height): Combined height of two adjacent buildings for the purposes of detennining setback requirements. Buildings shall be designed with a common architectural theme, including building architecture, landscape design, signage, and entryway features. Building separation requirement shall not apply to perlc:ing decks. Yards shall be measured as follows: A. Where adjacent to Vanderbilt Drive, setback is measured from edge of right-of-way line. B. Water front yards shall be measured from the seawall or bulkhead. C. All other setbacks shall be measured from the exterior PUD boundary. 3.2 N:1Z002\02.0011.01 Wigina I'uII'IJI)IAS09 run ~10II0r){Vd-1Z.23-04).cIoe '0M0"';";'''''tI"'''!'"..,''''''"¡"''"'''*.....;''"'"''~"'"'''',.,;¡¡,¡'''".;,_;.. Agenda Item No. 8B March 22, 2005 Page 55 of 235 SECTION IV PUBLIC USE "P" TRACT 4.1 PURPOSE The purpose of this Section is to identify permitted uses for the public use areas within the Coconilla POO. 4.2 GENERAL DESCRIPTION The Public Use Area occupies +/- 0.40 acres and provides for additional parking and redesign of. traffic flow associated with Cocohatchee River Park This tract also provides for egress from the Park to the traffic signal located at Vanderbilt Drive and Wiggins Pass Road. 4.3 USES PERMlTfED No building or structure or pàrt thereof shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Marina fueling facility 2. Ship's store and chandler's office 3. Parking facilities 4. Water management facilities 5, Off-site hauling of excess excavated fill materials, subject to approval of a commercial excavation permit consistent with Division 3.5 of the LDC. B. Accessory Uses 1. Customary accessory uses in support of the uses permitted above. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses as determined by the Board of Zoning Appeals. 4.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section ill of the Construction Standards Manual. B. Maximum height of structures - Thirty-five feet (35'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Minimum setbacks: 1. Waterfront (From Cocohatchee Bay): None for both principal and accessory structures. - 4.1 N:I2OO1IO%.ooIl.OI WigiaI PuI Pu:DIASO!I PutI ~um..LOftor)(V_I;¡"U~).doo I ._J Agençla Item No, 88 March 22, 2005 Page 56 of 235 2. From non-waterfront PUD or tract boundaries: 10 feet for both. principal and accessory structures. 3. Standards for parking, landscap,ing, signs, and other land uses where such standards are not specified herein are to be in accordance with. the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal s1rUctures. ' 4.2 ttl1OCmD2.oal&Ol W"aN'" PUDlASœ PUD ~lo.oo.,(V-I~2J..04).dDc Agenda Item No. 88 March 22, 2005 Page 57 of 235 SECTION V MARINA BASIN "M" TRACT 5.1 PURPOSE The purpose of this Section is to identify permitted uses for the marina basin areas within the Coconilla PUD. 5.2 GENERAL DESCRIPTION The Marina Basin Area occupies +/-1.8 acres and provides for up to 29 wet slips. 5.3 USES PERMITTED No building or structure or part thereof shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Boat docks. 2. Off-site hauling of excess excavated fill materials, subject to approval of a commercial excavation permit consistent with the provisions of the LDC. B. Accessory Uses 1. Customary accessory uses in support of uses permitted above. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with. Section ill of the Construction Standards Manual. B. Maximum height of structures - Forty-five feet (45'). C. Minimum distance between principal structures - Ten feet (10'), D. Minimum distance between accessory structures - Five feet (5'). E. Minimum setbacks for marina related structures: 1. Waterftont (From Cocohatchee Bay): None for both principal and accessorystnlctures 2. From non-waterfront PUD or tract boundaries: 10 feet for both principal and accessory structures F. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.1 N:12OO%Iœ.Q011.01 w..... PMI PUD'IAS09 PIJI) RauIImiuaf,C~ IOIIoc)(Va6-12-2J.04).doc Agenda Item No. 88 March 22,2005 Page 58 of 235 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, "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 Division 3.2 of the LDC (Section ill of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) shall apply to this project even if the l~d within the PUD is not to be platted. The developer, its successors 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, its successor, or assignee in title, is bound by the commitments within this Document. 6.3 PUD MASTER PLAN A. Exhibit "A," the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot, or land use boundaries, shall not be construed to be specific, and may be adjusted during the platting or site development plan approval process. Subject to" the provisions of Section lO.02.B.E of the LDC, PUD amendments maybe 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. C. The following" shall be considered minor changes and refinements,subject to" the limitations set forth herein: 1. Minor reconfiguration of water features, lakes, ponds, marina basin boundaries, and water retention or detention facilities, or other water management facilities where such changes are consistent with tlie criteria of the South Florida Water Management District and Collier County. 2. Minor reconfiguration of residential building areas. 6.1 N:l2oo:1OZ-OOl'.OI Wfaiao PIa PUJ:M$(I9 PUD ~.IOIIDr)(V_IZ.:zJ.04).cIDo Agenda Item No. 88 March 22. 2005 Page 59 of-235 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Coconilla PUD is contemplated in calendar year 2005 with completion anticipated to occur in calendar year 2008. B. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 10.02.13.F of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and COlTect. C. The Coconilla PUD shall be subject to the Sunset Provisions of Section 10.02.13.D of the LDC. 6.5 POLLING PLACES Pursuant to Sections 2.01.04 and 4.07.06 of the LDC, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place, should the Supervisor of Elections request such use. 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 ownershi,P of such common areas including, but not limited to, condominium associations, homeowners' associations, providing that such common facilities may be used for an electoral polling place if detennined to be necessary by the Supervisor of Elections. 6.6 TRANSPORTATION A. A gatehousellimited access facility shall be permitted within the project's main entrance area., but shall not be located so as to impede traffic flow (minimum 100 foot distance from edge of pavement to stop-bar, and/or gate) on Vànderbilt Drive, nor shall such facilities be located within the Vanderbilt Drive right-of- way. B. All traffic control devices and design criteria used shall be in accordance with the Minimum Standards as amended arid as adopted by the Florida Department of Transpo.rta1Ï9p. ŒD01:) as requ#"~d. bYd Flori~Statutes - Chapter 316, Uniform Traffic Control Law. .. .. . C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. 6,2 N;I2OO2\02..(IOII.OI W".... P. PUDIAS09 PUI) ~IOaor)'(V0r6-I2-u.44).cIac Agenda Item No. 88 . March 22, 2005 Þage 60 of 235 E. Road impact fees will be paid in accordance with Ordinance 01-13, or its successor ordinance. F. All median openings and driveway locations shall be in accordance with the LDC, and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modifY or close all median openings that have been determined by Collier County Transportation Staff to have an adverse effect relevant to operational circulation, safety conditions, or concerns. A median opening shall be preserved for emergency vehicle access to the emergency vehicle entrance. G. Nothing in any development order will vest the right of access over and above a right wright out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s}, its successor(s) in title, or assignee(s). H. The developer shall be responsible for the fair share cost cost of a traffic signal system at any development entrance( s), if a traffic signal system is determined to be warranted and approved by the County. If warranted, upon the completion of the. installation, inspection, bum-in period, and :fina] approval/acceptance of said traffic signal, the signal will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department 1. The development shall be designed to promote the safe travel of all roadway users including bicyclists, and shall provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices as determined by Collier County Transportation Staff J. All accesses and roadways not located within a County right-of-way shall be privatety maintained by an entity created by the developer, its successors in title, or assigns. The developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access to the project (this includes previously referenced turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the Vanderbilt Drive four-lane expansion project, the developer shall pay the design and construction costs related to access for the Proj ect for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the Vanderbilt Drive four-lane expansion project, the developer shall pay all design and construction costs related to access for the PUD. 6.3 N:\ZOO%\Ø2~18.01 Wiaaino PIa PIJDIAS09 PUII a.utmaa1ICocoIIIIU'Dl.I~0r6-12-Z3.04).doc Agenda Item No. 8B March 22, 2005 Page 61 of 235 K. The developer shall provide for a point of egress from the adjacent Cocohatchee River Park through the Public Use TÍ"act to the main pomt of egress for the property and the intersection improvements provided for in Paragraph H above, prior to issuance ofthé first CO. L. All work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance Number 03-37. 6.7 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: . A. Water distribution, sewage collection, and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system serving the Project shall be connected to the District's water main and extended throughout the project. This system shall be consistent with the main sizing requirements specified in the County's Water Master Plan. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the developer during the design phase of the Proj ect. . D. A water distribution system shall be constructed throughout the development by the, developeI: P1l1"suant to allcw:rent r~quirements'of Collier Co~ty and the ~t,ate of Florida. Water facilities constructed within platted rights-of-way or within utility easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated, and maintained by the developer, his assigns or successors. E. All construction plans and technical specifications and' proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. 6.4 N:\2002\02.00II.OI WI....,..1't1D\ASO 1'UtI"'~.I~ri-I~.dDc Agenda Item No. 88 March 22, 2005 Page 62 of 235 F. A sewer distribution system shall be constructed throughout the development by_ the developer pursuant to all current req1.Ùrements of Collier County and the State of flOrida. Sewer facilities constructed within platted rights-of-way or within utility easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, its assigns or successors. G. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system shall be reviewed and approved prior to commencement of construction. 6.8 ENVIRONMENTAL The development of this PUD shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. C. Tbe developer shall comply with the guidelines and recommendations of the U.s. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed onsite, a Habitat Management Plan for those protected species shall be submitted to Environmental Review staff for review and approval prior to final site plan/construction plan approval. D. This PUD shall be consistent with the Environmental Sections of the Collier County GMP Conservation and Coastal Management Element and the Collier County IDC at the time of:final site plan/constrùction plan approval. . - E. Pursuant to Policy 10.1.6.d of the Conservation and Coastal Management Element of the GMP, the developer shall prepare hurricane plans, which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment. This plan shall be reviewed and approved by County staff prior to final site plan/construction plan approval. F. Signage shall be posted at the marina to inform the residents that the dredging of the Wiggins Pass system is based on a 3-foot draft design. 6.5 N:'aOO2\OJ.OOJ8.0J WIgiao _ Pl1.DV.S09l'UD ~JOftot)(V",,"12.Z3-04)_cIoc Agenda Item No. 88 March 22, 2005 Page 63 of 235 G. All approved agency (South Florida Water Management District [SFWMD] , United States Anny Corps of Engineers [ACOE], and FFWCC) permits shall be submitted to Environmental Services Staff prior to SDP approval. H. Construction within the bald eagle secondary protection zone shall be limited to a maximum height, not to exceed the height of eagle nest CO-019. However, any construction greater than the height of the nest shall require written approval from the USFWS and that shall become the maximum building height allowed. 1. The Coconilla PUD Bald Eagle Management Plan and Manatee Protection Plan shall become a part of this Pt,JD Docwnent. 6.9 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services Department. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County LDC. C. The developer, its successors and assigns, shall be required to satisfy the . requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site including site development plans and any other application that will result in the issuance of a final ef local development order. 6.10 WATER MANAGEMENT A. An excavation permit shall be required for the proposed marina basin pursuant to Division 3.5 of the LDC and SFW1YID Rules. B. . The developer shall provide surface Water management for Public Use Tract within the project's surface water management system. 6.11 HISTORICAL AND ARCHAEOLOGICAL A. Pursuant to Section 2.03.07 of the LDC, if, during the course of site clearing, excavation, or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Resumption of construction activities shall be commenced immediately upon approval of Collier County Code Enforcement Departmøt, which shall provide for an expedited review of issues surrounding said artifact. 6.6 N:\2002\02-OO18.01 Wigins Pue PUDlAS09 PUD Rotubn'ítW\CoconiJIaRPuœ-lOl\or)'(Vd-I1-2i~).doc Agenda Item No. 88 March 22, 2005 Page 64 of 235 6.12 ACCESSORY STRUCTURES A. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities, and the like may be erected and utilized during the period of project development and marketing subject to Section 2.6.33 of the LDC. Such temporary buildings shall be removed upon completion of the marketing or construction activity, 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS A. All landscaping for off-street parking areas shall be in accordance with the Section 4.06.03,B of the Collier County LDC in effect at the time of building permit application. 6.14 . PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL A. The excavation of earthen material and its stockpiling in preparation of water management facilities, the marina basin, or other water bodies is hereby permitted subject. to applicable sections of the LDC. If it is demonstrated that· fill activities on the project site are such that there is a surplus of earthen material, then its off- site disposal shall be permitted subject to the following conditions: 1. Excavation activities shall comply with. the definition of a "development excavation" pursuant to Division 3.5 of the LDC whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total vohnne excavated unless a commercial excavation permit is received. 2. All other provisions of Division 3.5 of the IDC are applicable. 6.15 PROVISIONS FOR ENHANCING PUBUC BEACH ACCESS, WATER ACCESS FOR BOATERS, AND ENHANCED FACILITES AT COCOHATCHEE PARK A. The Developer will provide to the County fee simple title to the .4 "Public Use" portion of the PUD identified on the Master Plan as Tract "P". The developer shall retain ingress and egress rights, as well as the right to utilize 1 0 vehicle parking spaces located along the western portion of the Public Use Tract in s)JppOrt of ~e.ship~. store, boat slips, ~d o~er m~ .fm.:1~tio.ns. The Deyeloper will dedicate this tract to the county as such time as the following improvements have been completed at the Developer's expense: 1. The construction of up to 20 additional (new) publicly accessible vehicle parking spaces; 2. The redesign of the park parking and traffic flow patterns to increase publicly accessible boat trailer parking by up to 29 spaces; 3. Egress ftom the park to the traffic signal at the intersection of Wiggins Pass Road and Vanderbilt Drive; and 6.7 N:U00Z\D2.0011.01 \YIuinI ha 1'tJI)IAS09 PUD ~IJI)Z.IOoIorJI(V_I:z,.23-0.).døc Agenda Item No. 88 March 22,2005 Page 65 of 235 - A conceptual design for this "p" Public Use Tract is provided for on the Master Plan. Final design will occur during Site Development Plan Review and may deviate from the PUD Master Plan as necessary to address public health, welfare and safety concerns identified by reviewing staff. The Developer shall bear the cost of permitting and constructing the improvements identified above, as they may be approved on the Site Development Plan. B. In order to increase public beach access, the Developer shall construct or, cause to be constructed, a docking facility in the Lely Barefoot Beach Preseve, to be utilized as a landing facility for the public transported via ferry to the Preseve. The total cost of the developer's contribution shall not exceed $1,000,000. The CO\mty shall bear the responsibility of obtaining all necessary local, state, and federal permits and government approvals required for such construction. This devc:'loper contribution shall be made within 90 days of the issuance of the Certificate of Occupancy for the second residential building. C. In order to enhance public boating access to the Gulf of Mexico, the Developer shall donate $1,000,000 to the County, to be utilized by the Collier County Parks and Recreation Department, to purchase, or pW'Chase and construct, land to be utilized to enhance public access to the water, in the area bounded on the north by Bonita Beach Road, south by Vanderbilt Beach Road, east by US 41, and west by the Gulf of Mexico. This developer contribution shall'be made within 90 days of the issuánce of the Certificate of Occupancy for the second residential building. .- 6.8 N:~,OC)'.OI WfainlI'III PUDVJI09 PUD JI.oN1miDIIIICoconIIutn-100I0r}'(Vd-1Z,23-04).dac . z...~-=_. -..-..__.~---....--- -..--. ! ~ ~i · ~i' . ¡I I ~ L ii ~i i~ ... eel ¡:f z... IIIU e= en... ~ & .. v,. ~1qN:)(i crw V77INO:JOJ . -- . Nv'1d ti;JJ.9-/W a1áìi .... ·as7·SW.J~~ """" - w:x: _ . - . ." .L . t I I· , ~. !. d ~ D -'~ It' ~ .1 ,. I if I \ I' I- '1'" R I . I I \ ~ I. ¡; II I g; ') I~ tJl ~ .8 I II · lu -- Fl----- !.-__'l:.LL._~_ I .ca ooE ooE COCOI'\'TCHEE BAY I'.U.D. r-- ',: ~.Jft~~.._ _~1\O:'~ri--..t- ----' ¡--- ~ -t-~ oRNE (SIt d \ Ilii.1 I --r--~.I 'I< . l1~~"') .: l '\ · !I --..::-- '" , ---- --::=-.. -_..£---- . ---=~_..-- \ . ---- · II ¡ . . N :! II Z ..I · N · ooE COCOHATCHiE ....y P.U.D. (UNDEVELOPED MEA) ~ \1. I ø I : d ~ I ooE <Eli § I ~. at I Ii: ~Ii ~IJ I ee:IE z= -... lI::u ;~ ... Agenda Item No. 88 March 22, 2005 Page 67 of 235 i- Exhibit "B" COCOND.-LA LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT TIm NORTHEAST CORNER OF THE SOurHEAST Y4 OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00"26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDMSION RECORDED IN PLAT BOOK. 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89"16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00"26'00" W 30.00 FEET TO THE NORTH LINE OF TIlE SOUTHEAST Y4 OF SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST Y4 N 89"16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITIi THE SE Y4 OF THE SE Y4 OF THE NE Y4 OF SECTION 17, TOWNSHIP 48 soum, RANGE 2S EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 8S6-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT TIm NE CORNER OF SAID SE Y4 OF TIlE SE Y4 OF mE NE ~,THENCE S 00"27'30" E (ASSUMED BEARING) ALONG mE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.9f FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO mE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTImRL Y ALONG mE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF ']017'35" A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N ']045'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; TImNCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO TIm NORTH LINE OF SAID SE Y4 OF SE ~ OF NE II.; TIIENCE N 89°03'18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINN1NG. CONTAINING 10.45 ACRES MORE OR LESS. N:\2OO1\G2.oo11.01 WIgáw P. PUDIAS09 pU) 1IaubmiCIIII\Co10llGr)(V"'IZ~).doo Appendix "A" Agenda Item No. 88 March 22, 2005 Page 68 of 235 COCONILLA RPUD BALD EAGLE MANAGEMENT PLAN Revised May 17,2004 Revised September 30, 2004 INTRODUCTION This bald eagle management plan has been prepared for the 10.45:1; acre Coconilla RPUD (project) located in the northwest comer of the intersection of Vanderbilt Drive and Wiggins Pass Road in Section 17, Township 48 South, Range 25 East, Collier County. This bald eagle management plan has been prepared to address conservation measures for active bald eagle nest CO-019 located off of the Project. This bald eagle management plan has been prepared to comply with U.S. Fish and Wildlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle in the Southeast Region . (USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida Fish and Wildlife Conservation Commission and USFWS. PROJECT DESCRIPTION The current active nest for bald eagle nesting territory CO-O 19 is located approximately 830 feet northwest of the Project boundary. The Project is located partially within and just beyond the 1,500 foot secondary protection zone. An aerial photograph (scale I" = 500') with project boundary and eagle nest overlay is attached. The Project will be located southeast of the bald eagle nest site and outside of any primary flight paths. Primary flight paths to foraging grounds occur towards open water located southwest, west, and northwest of the eagle nest. The Project will result in the removal and redevelopment of the cUlTently closed Wiggins Pass Marina. Wiggins Pass Marina was the site of a commercial development that provided 450 dry storage boat slips and 52 wet slips, launch facilities, full service repair facilities, boat rentals, and public fueling facilities. Existing structures include four large buildings, a ship's store, and public fueling facilities. Large diesel powered forklifts facilitated the launch of stored vessels. The boat repair facilities stored and used chemicals toxic to fish and wildlife including oils, detergents, solvents, and paints. There are no native upland or wetland habitat types located witlún the Project boundary. . There was no bald eagle management plan for the commercial operation. Following removal of the existing marina facilities, major activities associated with Project development will include dredging of the existing boat basin; excavation in uplands to create an expanded marina basin; construction of two residential mid-rises; construction of a marina store and fuel facility;· and construction of associated infrastructure including utilities, parking, lighting, surface water management system, and landscaping. The Project will result in the Passarella and Associates, Inc. #02EC0763 Revised 9130/04 lof4 ----- -_. .-- ,-- Agenda Item No. 88 March 22, 2005 Page 69 of 235 removal of the boat repair facilities and the 450 dry storage slips. The Project will reconfigure the existing S2 wet slips. BALD EAGLE MANAGEMENT PLAN The following specific clements of the bald eagle management plan address proposed activities occurring within the secondary protection zone identified on the Project as occurring between 830 and 1,500 feet of the active nest site. Limitations on construction activities during the nesting season will remain in effect until a determination of loss of nest or abandonment is made' per the USFWS Guidelines. 1. During the nesting season (October I to May 15), a USFWS approved observer will be present to monitor eagle behavioral response to all approved exterior and vertical construction activities occurring within the secondary protection zone. Construction monitoring during the nesting season will be conducted in accordance with the draft 2002 USFWS monitoring guidelines. 2. Interior and finish construction activities (e.g., drywall, painting, stucco, electrical, plumbing, landscaping, etc.) may occur during the nesting season in the absence of an eagle monitoring protocol. 3. Removal of existing commercial buildings will occur during the non~nesting season (May 16 to September 30), Cleanup activities following removal activities may occur during the nesting season with a USFWS approved monitoring protocol to evaluate eagle behavioral response. 4. Erection of cranes used in vertical construction of the residential mid-rises will occur during the non-nesting season (May 16 to September 30). All other activities associated with ririd~ rises construction may proceed during the nesting season (October 1 to May 15) accompanied by a USWFS approved observer, Residential mid~risers construction will be limited ,to a height of 10 stories over parking. Auger-cast piles will be used to construct the foundation for the mid-risers. , 5. Marina basin excavation and pile driving construction activities will be limited to the non~ nesting season (May 16 to September 30). 6. Exterior lights on the north side of the Project will be directed downwards or shielded to I1Iin;mize glare :fi:om being directed towards the nesting area. 7. During the exterior construction phase, annual nesting season bald eagle monitoring reports will be submitted to the USFWS for review. The bald eagle monitoring reports will be used as a basis for evaluating any proposed changes to construction phases or techniques in subsequent nesting seasons. 8. Written authorization :fi:om the USFWS will be required for construction of multi-story buildings within the secondary protection zone. Passarella and Associates, Inc. #02EC0763 Reviscd 9/30/04 20f4 ----.-----...' Agenda Item No. 88 March 22, 2005 Page 70 of 235 9. The applicant is willing to consult with the Collier County Chapter of the Audubon Society regarding the choice of a monitor prior to submitting the name for approval by the USFWS. 10. The applicant will provide the Collier County Chapter of the Audubon Society with copies of the monitors reports. 11. An informational poster regarding eagles will be posted at the worksite. The poster will provide warnings regarding loud noises and the importance of complying with the noise reduction initiatives. The poster will be written in both English and Spanish. 12. The applicant will work with the general contractor to design a method for padding the lids of dump trucks to buffer the sharp metal-on-metal noise they create after tipping their loads. Padding will be required on dump truck lids during the nesting season. Details of the padding will be included on construction/site plans. 13. A worker education meeting will be held on-site prior to initiation of construction activities. The Audubon Society has agreed to bring a live eagle from their rehabilitatiòn center and educate the workers on the birds and the importance of complying with the noise reduction initiatives. 14. If the USFWS approved monitor observes any construction .related activities that elicit an abnormal behavior of the adult eagles or their chicks, that construction activity shall immediately cease and will not reinitiate unless the construction activity is modified to the extent that it no longer elicits an abnonnal behavioral response, or the chicks are capable of fully sustained flight. Passarella and Associates, Inc. #02EC0763 Revised 9/30/04 30f4 -...- Agenda Item No. 88 March 22, 2005 Page 71 of 235 REFERENCES U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. Passarella and Associates, Inc. #02EC0763 Rcvised 9/30/04 40f4 ._~ HM·· . , - :. , <," .. HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITilNG COCONILLA PUD MANATEE PROTECTION PLAN PREPARED FOR ECOVENTURE WIGGINS PASS LTD. PREPARED BY HUMISTON & MOORE ENGINEERS H&M FILE 12-027 SUBMITTED JANUARY 22, 2003 APPENDIX "B" Agenda Item No. 88 March 22, 2005 Page 72 of 235 5679 Strand Court Naples, FL 34110 Fax: 239 594 2025 Phone: 239 594 2021 E·MaJl: m8ßOhumlstonandmoore. com , _ .__ __._J Agenda Item No. 88 March 22, 2005 , Page 73 of 235 - . This plan is provided in accordance with the recommendations of the May 1995 Collier County Manatee Protection Plan. Marina management meetings with boat owners and all personnel involved with the marina will be held to outline the manatee protection laws. The purpose of the meeting will be to explain the laws to the owners, penalties for violating the laws, and the need to report all collisions with manatees. ' All vessel operators using the marina or associated with the marina will be advised to stay within the marked channel, avoid shallow areas, and operate in deep water. If operating' in an area with less than three feet clearance, idle speed must be maintained, The channel outside the marina is clearly marked as shown in figure 3 and vessels should operate within the posted speed limits while in the channel. Seagrass areas have also been marked, and should be avoided. Currently there are four signs installed on the property regarding manatees (see figure 3): two large informative signs and two manatee area caution signs on the docks. These signs will be maintained In a 'prominent location to make boaters aware of the manatee's presence. .- . .". ~'~,~~~,I' '-J~4'~~ ~----"''''''''''''''''''-"'O:~~~''~' i--.. i ~'i~l\r1l~¡\" )'í : 'r~~ ¡. ¡ ~:i;,',;~;;::i:} ,I,' t'~:m." . .... ", ,',' ì ~\:,:/~À¡\:¡iitAiJ.i,;~j;·ì':':",".. ,~ 1 ".lr:f:~ ~wt~:~:~:¡:' ij ~. \¡:~~j b~rl~:=.J'~i,~i~ ~ ¡/~tu ,.~~,,,:.;¡ i ¡ \!i1~.; ~ .. Figure 1. Manatee Awareness Signs. Page 1 of 3 I I J Agenda Item No. 88 March 22', 2005 Page 74 of 235 /' There are two large metal displays titled "Manatee Basics for Boaters" and 'West Indian Manatee Fact Sheef', describing manatee habits, habitat, and procedures for boaters to follow to protect manatees. This permanent educational display will be maintained. by marina management in a prominent location within the marina. Figure 2. Manatee Educational Display. Educational literature on the manatee' and its habitat shall be distributed to the users of the facility., An example oJ literature is attached and will be provided as part of a welcoming package to the marina and available in the marina store. Page 2 of 3 Agenda Item No. 88 March 22, 2005 Page 76 of 235 -~ APPLICATION FOR PUBLIC HEARING FOR: I:8JPUD REZONE (PUDZ) OPUD TO PUD REZONE (PUDZ-A) Date Received: - ------------ -. ------ Planner Assigned: PUDZ-2004-AR-S967 - PROJECT 1¥2002070024 C .. D·· DATE: 5/26104 onnmSSlon lStriCt: _ FRED REISCBL Petition No.: ABOVE TO BE COMPLETED BY STAFF 1. General Information: ' Name of Applicant(s): EcoVenture Wiggins Pass. Ltd. Applicant's Mailing Address: 601 Bayshore Boulevard. Suite 960 City Tampa State Florida Applicant's Telephone #: (813) 251-4868 Ext. 302 Applicant's E-Mail Address:ero@ecogroupinc.com Zip 33606 Fax #: (813) 254-5629 Name of Agent #1: Robert J, Mulhere. AICP Firm: R.W.A.. Inc. Agent's Mailing Address: 3050 North Horseshoe Drive. Suite 270 City: Naples State: Florida Zip: 34104 Agent's Telephone #: (239) 649-1509 Fax #: (239) 649-7056 Agent's E-Mail Address:rjm@consult-rwa.com Name of Agent #2: Richard D. Yovanovich. Esquire Firm: Goodlette. Coleman & Johnson Agent's Mailing Address: 4001 Tamiami Trail North. Suite 300 City: Naples Agent's Telephone #: State: Florida (239) 435-3535. ext. 256 Zip: 34103 Fax #: (239) 435-1218 Agent's E-Mail Address:ryovanovich@gcilaw.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 ADøllc:atlon For Public Hearln2 For' PUD Rezone 8129/03 Agenda Item No. 88 March 22, 2005 Page 77 of 235 - *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Not Applicable Mailing Address City State Zip Name of Master Association: Pelican Isle Yacht Club Master Association C/o Warner COlporation Mailing Address: 886 110th Avenue North. Suite 7 City: NaDles State: Florida Zip: 34108 Name of Civic Association: North Bay Civic Association Mailing Address P. O. Box 770273 City Naples State Florida Zip 34107-0273 Name of Civic Association: ProDerty Owners Association of North Naples Mailing Address 141 West Avenue City Naples State Florida Zip 34108 Name of Civic Association: Vanderbilt Beach and Bay Association Mailing Address 450 Tradewinds Ave. City Naples State Florida Zip 34108 Name of Civic Association: Vanderbilt Beach Property Owners Association Mailing Address 450 Tradewinds Ave. City Naples State Florida Zip 34108 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 the percentage of such interest. (Use additional sheets if necessary), Name and Address Percentage of Ownership - AODllcatlon For Public Denim! For PUD Rezone 8/29/03 Agenda Item No. 88 March 22, 2005 Page 78 of 235 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Wiggins Pass Marina Co., Inc., is owned 100% by: Tree Plateau Co., Inc., a Delaware Corporation 1020 Crosspointe Drive, Suite 106 Naples, FL 34110-0918 Name and Address, and Office Tree Plateau Co.. Inc. Percentage of Stock 100% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name ofthe 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 EcoVenture Wiggins Pass. Ltd. 601 Bavshore Blvd.. Suite 960 Tampa. FL 33606 Percentage of Ownership General Partners Edward R. Oelschlaeger Linda A. Oelschlae2er Christopher E. Oelschlaeger Total 1.00% 51.11 % 31.66% 16.23% 100% Date of Contract: 02/26/2002 Aøøllcatlon For Public HearJRI! For pun Rezone 8/19/03 Ag·enda Item No. 88 March 22, 2005 . Page 79 of 235 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 ( yrs./mos. ) leased ( ):_Tenn of lease 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 form. 3. Detailed leeal descriotion of the orooertv covered bv tbe application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) ifrequired to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 17 Township: ¡K ~?t Range: 25 Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page # N/A Property I.D.#: 00155960008 Metes & Bounds Description: See Attachment Exhibit "B" 4. Size of Dropertv: +/- 660 ft. X +/- 700 ft. = Total Sq. Ft. +/- 46.000 Acres 10.45 5. Address/eenerallocatioD of subiect property 13635 Vanderbilt Drive The subiect property is located on Vanderbilt Drive. at the western terminus ofWiglZÍns Pass Road. 6. PUD District (LDC 2.2.20.4): ~ Residential D Community Facilities o Commercial D Industrial ADDllc.tlon For Public He.rln!! For PUD Rezone 8/29103 --~-_. + ' ... · 7. Adiacent zonine and land use: Agenda Item No. 88 March 22, 2005 Page 80 of 235 Zoning Land use NPUD Cocohatchee Bay PUD (Residential Multi-familv PUD) S RT (11) S P Pelican Isle Yacht Club (Marina/Club & High-Rise Condo) Cocohatchee River County Park E PUD Cocohatchee Bay PUD (Golf Course Area) w PUD Cocohatchee Bav PUD (Residential Multi-family PUD Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/ A. Some of the corporate officers/owners of Eco Venture Wiggins Pass, Ltd. Are also Officers/Owners of Pelican Isle Yacht Club. However, these are different corporations, which are neither subsidiaries nor related. 8. Rezone Reauest: This application is requesting a rezone from the C-4 zoning district(s) to the PUD Development zoning district(s). Present Use of the Property: The existin2 zonm!! is C-4. The existin!! uses on the property are as follows: three boat barns with +/- 450 drv slip boat stora!!e spaces: a ship's store and office for operations/manaeement: a covered pavilion: and a service buildin2 for repairs and maintenance. Proposed Use (or range of uses) of the The proposal is to rezone the subiect property to a Planned Unit Development (PUD) allowine for: 95 dwelline units in two mid-rise residential towers with 10 floors of residential units. over one floor of parkin!!: and a marina basin containine 29 wet slips. The existfne fuel facilities and fuel docks will be uP2raded and will remain available for use bv the public boatin!! community. Original POD 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. Proiect Narrative: The proposal is to rezone the subject property to a Residential Planned Unit Development (RPUD) allowing for: 95 residential dwelling units in two mid-rise residential towers with 10 floors of residential unit over one floor of parking, and a marina basin containing 29 wet slips. The existing fuel facilities and fuel docks will be upgraded and will remain available for use by the public boating community. ADDlIcaUon For Public Bearlnl! For PUD Rezone 8/29/03 Agenda Item No. 88 March 22, 2005 The existing zoning is C-4. The existing uses on the property are as follows: three b8atJ6cM219f 235 with +/- 450. dry slip boat storage spaces; a ship's store and office for operations/management; a covered pavilion and a service building for repairs and maintenance. 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. The proposed PUD's consistency with the loeational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document, gives reasonable assurance that all infrastructure will be developed consistent with County regulations and/or State regulations.. 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. The documents submitted with this Petition Application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the Wiggins Pass RPUD Document. 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 RPUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (e.g., setbacks). Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 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 proposed project meets or exceeds the provisions of the Land Development Code. AooJlutloo For Public Helriot! For pun Rezone 8/19/03 ".--.--. Agenda Item No. 88 March 22, 2005 Page 82 of 235 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting tbe proposed development coincides with the programming of any County proposed capital improvements in order to meet concurrency requirements. The project's traffic impacts will not impact the LOS on adjacent roads to the degree that such roads will fall below adopted levels of service. Adequate public facilities, including utilities such as potable water and sanitary sewer, are available to serve the project concurrent with the projected development timing. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Keeping in mind that this project proposes the redevelopment of an existing developed site, this criterion is not of substantial significance. Nevertheless, ability, as'supplied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development.' Relative to this Petition, development of the subject property is timely, because supporting infrastructures are available, or will be in place by the time permitting of the proposed improvements is complete. 8. Conformity with PUD regulations. or as to desirable modifications àfsuch 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 standards in the proposed PUD document are similar to those standards used for the residential structures, recreational facilities, and related improvements when compared to County regulations. 10. Deed Restrictions: The County is legally precluded ITom 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. 11. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes. PUD Rezone Petition. . 12. 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. 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 ImmokaleelWater Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 812" x II" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, ADDlleatJon For Public Hearln2 For PUD Rezone 8/29/03 Agenda Item No. 88 March 22, 2005 depicting the following [Additional copies of the plan may be requested upon ccfri\~MiöRf 235 of staff evaluation for distribution tothe 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); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting. including but not limited to any required state or federal permits. j, An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1,2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public 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 (5) immediately. ADDllc.tloß For Public He.rlm!: For PUD Rezone 8/2.9/03 Agenda Item No. 88 March 22,2005 . Page 84 of 235 . STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: EcoVenture Wiiu~ins Pass. Ltd. 2. MAILING ADDRESS: 601 Bavshore Boulevard. Suite 960 CITY Tampa STATE Florida ZIP 33606 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 13635 Vanderbilt Drive Naples. Florida 4. LEGAL DESCRIPTION: Section: 17 Township: 48 Range: 25 Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: N/A Metes & Bounds Description: See Attachment. Exhibit "B", 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [g b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME d. PACKAGE TREATMENT PLANT D (GPD capacity) e. SEPTIC SYSTEM D 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) ~ D D D 7. TOTAL POPULATION TO BE SERVED: 219 (95 units x 2.3 residents per unit.) 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 51.41 GPM AVERAGE DAILY 33.649 GPD B. SEWER-PEAK 78.41 GPM AVERAGE DAILY 27.313 GPD Peak = Average Daily x 2.2 peak factor + 1440 minutes 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: February 2005. ADDllc.t10D For Public He.rID!! For PUD RezDne 8/29103 '--.--.. Agenda Item No. 88 March 22,2005 Page 85 of 235 10. NARRATIVE STATEMENT: Provide a brief and concise naITative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affiuent 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 a11 applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and cOJUlection 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 ftom any provider other than the County, a statement ftom that provider indicating that there is adequate capacity to serve the project shall be pr~)Vided. Utility Provl.lon Statement RJM 10/17/97 ADolle.fioo For Public Hearlnl! For PUD Rezone 11/29/03 Agenda Item No. 8B March 22, 2005 PUD REZONE APPLICATION Page 86 of235 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIE REQUIRED REQUIRED S 1. Completed ApplicationlPUD documents 24* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 24* 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 attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 10. Historical & Archaeological Surveyor Waiver Application 4 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. DApplication Fee - "PUD Rezone" = $10,000 + $25 per acre DComprehensive Planning Consistency Review = $2,250 D Application Fee - "PUD to PUD Rezone" = $8000 Fire Code Review = $150 EIS Review = $1600 Cbeck sball be made payable to: Collier County 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 17. OTHER REQUIREMENTS: * Documents required for Long-Range Planning Review * I additional copy if for 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 subnúttaI package. I understand that failure to include all necessary subnúttal information may result in the delay of processing this petition. ~ Agent! Applicant Signature ~//3){)Y Date I ADDllcatlon For Public: Murin!! For pun Rezone 8/29/03 Agenda Item No. 88 March 22, 2005 Page 87 of 235 ,- TRAFFIC IMPACT STATÈMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as detennined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT V olurnes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decellanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4,5.1,5,2,7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: ,- 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development Aoollutloo For Public Renin! For PUD Rezone 8/29/03 Agenda Item No. 8S March 22, 2005 Page 88 of 235 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. TriD Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. TriD Assimment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. ExIstine. Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TeE of the GMP. 5. Radius of DeveloDment Influence (RÐl): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRl Other (commercial, industrial, institutional, etc.) o - 49,999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles :trom the proposed project rather than a geometric radius. 6. Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). ADDllcatlon For Public: HearlDlI For pun Rezone 8129103 · .___.. ,u__ __.__. Agenda Item No. 88 March 22, 2005 7, Back2round Traffic: The effects of previously approved but undeveloped orPpllf!tOOI~ 235 developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throue:h Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. PlannedlPronosed Roadwav Imnrovements: All proposed or plarmed roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasine:: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application wilt be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application wilt be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) ADDIic:atlon For Public Heariotz For PUD Rezone 8/29/03 .~_.- Agenda Item No. 88 March 22, 2005 Page 90 of 235 Exhibit "B" COCONILLA LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST y.. OF SAID SECfION 17; THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00°26'00" E 30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89°16'10" W 530.00 FEET; THENCE LEAVING SAID NORTH LINE N 00"26'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST y.. OF· SAID SECTION 17; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST y.. N 89°16'10" E 530.00 FEET TO THE POINT OF BEGINNING. ALSO WITH THE SE Y. OF THE SE y.. OF THE NE Y. OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE Y. OF THE SE y.. OF THE NE y., THENCE S 00°27'30" E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7°17'35" A DISTANCE OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7°45'05" W 150.41 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CON CAVED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE Y. OF SE Y. OF NE y.; THENCE N 89°03' 18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 ACRES MORE OR LESS. P:\2002\02-OO18.01 w;g¡¡;.. Pas. PUDlAS09 pue Retubmiu.I\CoconOIa pue 2-IOItory (Vcrl).doc Agenda Item No. 8B March 22, 2005 Page 91 of 235 .- \2D-ac Up ··Wr~ct . ~ ~ ...,I COCONILLA PUD UPDATED TRAFFIC IMPACT STATEMEN1 Project #02532 Prepared by: DAVID PLUMMER & ASSOCIATES, INC. 1531 Hendry Street Fort Myers, Florida 33901 August 15,2002 Updated May 10,2004 eë3 t; ...-.-- Agenda Item No. 88 March 22, 2005 Page 92 of 235 COCONILLA PUD UPDATED TRAFFIC IMPACT STATEMENT Introduction This report updates information previously provided in the report titled Coconilla PUD Traffic hnpact Statement and dated August 15, 2002. The updates reflect a substantial reduction in the number of residential units in the Coconilla PUD and a change in the location of the Project's main access point. As agreed in a phone conversation with Mr. Alan EI-Urfali on March 19, 2004, and later confirmed during the Pre-Application Meeting on April 2, 2004, this updated TIS utilizes the background traffic projections from the original TIS dated August 15, 2002. As explained below, the background traffic projections used for the original TIS and this Updated TIS are actually higher than recent traffic counts. This Updated TIS provides the following: · updated development parameters · updated Project trip generation · updated comparisons of Project trip generation estimates to those for the former marina and for a commercial development under the existing C-4 zoning · updated total traffic projections · updated spreadsheet showing impacts of the Coconilla PUD on nearby roadways. · updated intersection analysis at the Project entrance · updated traffic mitigation plan The updated information in this report supercedes the information previously provided in the original TIS dated August 15, 2002, and in the letter report dated May 1, 2003, that was distributed to the County staff. Updated Development Parameters The number of residential units has been reduced from 158 units to 95 urnts. This represents a 40% reduction in the number of units. In addition, the number of marina slips has been reduced fÌ'om 67 to 29. The anticipated buildout year remains 2005. Also, the main Project entrance on Vanderbilt Drive has been relocated from the north end of the property to a location opposite Wiggins Pass Road. This change was made at the request of the County staff to address concerns raised by the County staff regarding the relatively short distance between the proposed northern entrance and the intersection at Wiggins Pass Road. In effect, 1 ~ Agenda Item No. 88 March 22, 2005 Page 93 of 235 .- this change consolidates the Project traffic at the existing Vanderbilt Drive!Wiggins Pass Road intersection and eliminates the two existing intersections that once served the marina. Updated Trip Generation The Project's trip generation was updated to reflect the revised development parameters and to utilize ITE Trip Generation (Seventh Edition), rather than ITE Trip Generation (Sixth Edition), which was used for the original TIS. The updated trip generation estimates for an average weekday and for the AM and PM peak hours are provided as Exhibit E (Updated). A comparison of the updated trip generation estimates with those from the original TIS is provided below. Not surprisingly, the reduction in residential units and marina slips has reduced the Project's PM peak hour trip generation by 37%). External Trip Generation Comparison Original TIS Estimates vs. Updated Estimates Time Period % Original TIS Updated Difference Change 819 539 -280 -34% 74 55 -19 -26% 71 45 -26 -37% .- Daily AM Peak Hour PM Peak Hour In Exhibit 8 of the original TIS, the trip generation of the Coconilla PUD was compared to that of the existing marina, based on ITE trip generation rates. This comparison has been updated and is provided below. As before, the Coconilla PUD is expected to generate less traffic than the former Wiggins Pass Marina on a daily basis and during the PM peak hour. Of course, the PM peak hour is considered to be the most critical time period, because traffic volumes on the major street system are generally highest during the PM Peak hour. External Trip Generation Comparison Fonner Marina vs. Coconilla PUD Coconilla PUD Difference % Change Time Period Fonner Marina Daily AM Peak Hour PM Peak Hour 1,214 33 78 539 S5 45 -675 + 22 - 33 - 56% +67% -42% 2 ~ I l_ Agenda Item No. 88 March 22, 2005 Page 94 of 235 Exhibit 8 in the original TIS also provided a comparison of the trip generation of the Coconilla POO to that of a commercial development under the existing C-4 zoning. This comparison has been updated to reflect the reduced development in the Coconilla PUD and a commercial development with a 28,000 sq. ft. grocery store, a 14,000 sq. ft. drug store, a 5,000 sq. ft. convenience store w/car wash, a 25,000 sq. ft. restaurant, 20,000 sq. ft. of general retail space and 30,000 sq. ft. of general office space. As before, the commercial development would generate far more traffic than the POO. External Trip Generation Comparison Existing C-4 Zoning vs. Coconilla PUD Time Period Coconilla PUD Existing C-4 Zoning Difference % Change Daily AM Peak Hour PM Peak Hour 539 55 45 7,292 311 664 +6,753 + 256 + 619 +1,253% + 465% +1,375% Undated Traffic Proiections The year 2005 traffic projections reported in the original TIS have been updated to reflect the reduced trip generation of the Project. The updated projections also reflect the relocation of the Project's main entrance to intersect Vanderbilt Drive opposite Wiggins Pass Road. The background traffic projections remain the same as reported in the original TIS. It is important to note that the background traffic projections developed for the original TIS and utilized for this updated TIS were based on two components: (1) traffic projections based on historic traffic growth trends; and (b) additional background traffic from the Cocohatchee Bay PUD to the north. This is explained in detail in Section V of the original TIS (pages 8-11). Recent traffic counts indicate that the traffic projections based on historic traffic growth trends are higher than the counts. Exhibit lOin the original TIS showed historic traffic counts at two count stations on Vanderbilt Drive from 1990 to 2002 and the continuation of the trend to 2005, based on a linear regression "best fit" line. This exhibit was updated to show the most recent 2003 traffic COWltS. The updated Exhibit 10 illustrates that: (1) traffic volumes on Vanderbilt Drive rose temporarily while US 41 was under construction, but returned to historic trends once the construction project was completed; (b) recent 2003 counts are actually below the projected trend based on historic counts; and (c) traffic volumes on Vanderbilt Drive should remain far below the road's capacity well beyond buildout of the Project in 2005. The development of the Coconilla PUD will not change this traffic trend on Vanderbilt Drive, because the traffic from the PUD will simply replace the traffic that was generated previously be the marina, which was recently closed. The trip generation comparison indicates that, with the 3 @Ë3 Agenda Item No. 88 March 22. 2005 Page 95 of 235 PUD generating less traffic than the marina, on a daily basis and during the PM peak hour, the volumes on Vanderbilt Drive may actually be slightly lower than if the marina had remained in operation. The updated traffic projectíons are provided in Exhibit 16a (Updated) for the AM peak hour and Exhibit 16b (Updated) for the, PM peak hour. Due to the reduced Project trip generation, the traffic projections at all four intersections shown in Exhibits 16a and 16b are lower than originally reported. Updated Roadwav Se2ment Analvses Exhibit 12 from the original TIS has been updated to reflect the reduction in the number of residential units in the Coconilla PUD and the County's new criteria for significant impact. A Project is considered to have a significant impact on a road segment if its trips consume more than a certain percentage of the capacity of the road segment. The adopted criteria are 3% on the link to which the segment has direct access, 3% on the next adjacent link in all directions, and 5% on all other links. As shown in Exhibit 12 (Updated), all roads in the vicinity of the PUD are expected to operate under capacity, or better than the adopted standard. One section of US 41 appears to be over capacity on 2005, but should operate well, with the diversion of traffic to the new Livingston Road. Also, the PUD does not have a significant impact on any segments. Updated Intersection Analyses The intersection capacity analyses at the Project's main entrance onto Vanderbilt Drive were updated to reflect the reduced Project trip generation and the relocation of the entrance to intersect Vanderbilt Drive opposite Wiggins Pass Road. Based on these analyses, the 2004 levels of service (LOS) at the Vanderbilt DrivelWiggins Pass RoadlCoconilla Entrance intersection will be LOS "C" in both the AM and PM peak hours. These analyses assume that the Project will construct a northbound left-turn lane and a southbound right-turn lane into the Project. Although the projected volumes do not exceed the thresholds in the County's Turn Lane Requirements, these turn lanes are desirable because they would improve traffic operations at this intersection. Therefore, it is recommended that they be constructed if at all possible. Traffic Miti2ation Plan The Project will fully mitigate its traffic impacts through the payment of road impact fees. Under the current Collier County impact fee schedule, the Project will contribute approximately $268,000 in road impact fees through buildout of the development, about $215,800 for the 4 @f3 .- Agenda Item No. 88 March 22, 2005 Page 96 of 235 residential units and $52,600 for the marina slips. Even though the number of units and slips have been reduced, these estimates are higher than those reported on the original TIS, because the County's road impact fees have been increased substantially since the original TIS was prepared. These funds can be used by the County to make whatever roadway or intersection improvements are found to be necessary. Consideration should be given to using these funds at the US 41/Wiggins Pass Road intersection. 5 ~ Agenda Item No< 88 March 22< 2005 Page 97 of 235 Exhibit 10 (Updated) Traffic on Vanderbilt Drive 20000 en 18000 - ... ... ... ... " ... ... " ... " c: ... A ... ... " " ::s 0 16000 (.) US 41 under construction Co) 14000 t---t IE t! ..-., ... -+-COunt station # 578 ~ 12000 - .".. north ot 111111 Ave. ....... ."". ~ ......+ #578 ¡i 10000 C + #548 ___ Count station # 548 north d Wiggins CD 8000 Pass Road Q) t! CD 6000 -.- 2002 AUlR Service ~ Volume at LOS Standard ~ 4000 c: 2000 c: < 0 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 Years Source: 1990 - 2001 Collier County traffic counts (with no axle factor adjustment) 2002 - 2005 Straight line traffic projections based on historic traffic counts (1990- 2001) EXHI91T 1% (UPDATED) COCOHIU..A rUD TIS 1112132 FUTUR£ (2ON) TIW'FIC CONDIT1ONS DIREcmKAL PEAK HOUR. PEAX SEASON Agenda Item No. 88 March 22, 2005 Page 98 of 235 ROADWAY FROM TO (1) (3) . or LOS lanes Sid 2001 T..me Count (4) """"" R... 01·05 2005 (5).....god (5)_ TmI'tç K100 P..« Hr D Dtr. PrÐj. Fadof' VofLofM F8dor NE SW Minus PU: EldaIinQ CDCOhek:hø Mann. a.,PUD NE 1M HE SW Toto' ............ T_ NE 1M Tot"¡T,.1fic Mwtna Trd'1C -.n. Sig. Tol4I (2) Vol"""" OY4rl T....' Imp'" P..k'" E>dotIno SV c._ Undorf ...".. 0 V..... Marine II VIC C_dtyI SV 3%-3%-5"'- NE SW NE SW STO NE SW NE SW NE SW HE SW --- .....---.-- ----- 8eCkøround Trwft\e -- - ---.-... -- ......--~ =---.. -.--- --.---....--...-.---.....- Futu", f20051 Conditions witI1 Exisllnn Marina BONITA lEACH RD. - VInHttJUlDr 'LD 0 12000 10,''''''' 13217 0.092 1220 0.56 ..3 537 · 3 3 2 oeo 530 ... .3. 6 3 , 620 0.42 0.33 u.... Undo< 0.3'N 0.19% No No V_I>< 'HI 410 E 26400 10.'4" 29 Q78 0.002 2 oeo 0.56 1501 1179 3 · 3 · 1501 1177 , 504 1185 3 · '"SO 0,77 0.61 Undo< Under 0.15% 0,41" No Na WIGGINS ''''SI RD. VaMIrl:IIR Or. US4' 2lU 0 6513 27.93% 8332 0002 170 0.56 431 33. 20 15 10 17 .21 "" '" 356 20 15 , 050 0.42 0.... Undo< Undo 1.00% 1..3'" No Na t111l1AYE w... v.nø.rbII Dr 2lU 0 .5 431 1011"4 6019 0002 'SO 056 :IOð 242 3 2 1 1 3011 241 309 243 3 2 TOO 0.41 0.32 Undor U_ 0..... 0.21% No Na VMÞIÞiI OJ Eoo. 2lU 0 a 347 11.85% 9 336 0.092 OlIO 0.56 482 31' 4 5 2 4 400 377 ... 3ð2 4 · 1040 0,'C7 0.37 Undor Undor 0._ 0.411" No No VANOEftØ.... T .... - 111..Þ,wnue 2lU 0 03411 18,15% .... 0.092 910 0.56 510 400 · 5 4 2 510 397 514 402 . 4 · I1SO 0.45 0.35 Under Undo 0.35% O,.~ No Na ","',,-. WiðIIIM; P... Rd. 2lU 0 13069 1.11% 1321" 0.002 \220 0.56 683 537 \3 '0 9 · 619 532 602 542 6 13 \0 1ISO 0.60 0.1 u.- Und 1.13% 0.87% Na No i_iMP.....Rd BotIIII &Itch Rd. 2lU 0 \2506 1.11% 126115 0.092 1160 0.56 6SO 510 6 14 5 · ... 50!! 655 SlO 8 6 14 7.0 086 0.68 Under Under 0.79'" 1.&4" /to Na US.' ..... ~ P..Rd. 610 0 51 ... 13.46% 58531 0.092 5380 0.53 2851 2529 13 10 12 6 2950 252' 06' 2535 7 13 '0 2870 \.00 0." U.... Undo.- 0.45% 0.35% Na /to WIBninI ,..Rd. 0'''' 010 0 5' ... 13.046% 58531 0.092 5_ O.S> 2851 2529 4 · 3 4 '050 2521 854 2533 7 4 6 2400 1.'8 1.06 0- 0- 0.11" 0.25'1< Na Na Old" - 6lD 0 32787 10,1''''' 36102 0.092 3320 O.S> 1760 1560 4 6 , 4 1750 1551 , 763 1564 1 4 6 2400 0.73 0.85 Undor ~ 0.17" 0.25% No No .-....-...- BIICkgnJund TfIIItk: T_ 8_ T_ NE OW TotaII Trdic T_ '.ak Hr ""'.... HE SW ~ - s.g (2) VOl""'" o-t T_ ...... ......... SV CopooIIy U_ ...".. 0 - 0 VIe ~I IN 3"--3%-5% HE OW 'TO NE SW NE SIN NE SIN HE ---- ---.... ROADWAY FROM TO (I) (3) .at LOS ....... SId 2001 T....c e..... (4¡ G<owUt ..... 01-05 tItnuI PIuf 20œ (5) _ (5) a_.... E>à11inQ Coc:o_ TI'IIIk: K10C1 PeakHr 0 Oit. MIII'iNI BIIJIIVD PI'Oj. F&1Or VoIuM Fecw HE SW HE SW NE SW --------------- --- Futu.. f20051 Conditions with R..ldentlal Condomimiums IOHITA....CHftO. - v....... Dr. 4l 0 1'000 10,1"''''' 13217 0.092 1220 0.56 ..3 531 · , 3 2 ..., 536 ... 530 3 2 1620 042 0.33 U.... Undor 0.1'" 0.12"J1, No No v.ndertlll Dr. .... 41.0 E 26 400 10.14"" 29 07. 0.092 2_ 0.56 1 SOl 1171 , · 3 6 1501 1117 1 SIX! 1181 2 · "'SO 0.17 0.61 U.... Under 0.1" 0.21% No No WIGGINS p,," RD. V..aene Dr. us., 2lU 0 6513 27.13" .332 0.002 710 0.56 01 330 20 15 10 17 <121 ..., "5 347 4 6 1050 0.40 033 U.... Under 0..... 0.57% No No ,11TH/I,Y'£. - VIlt'ldefMOf. nu 0 5.07 10.71" 6019 0002 550 0.56 300 242 3 2 1 1 3011 241 310 243 4 2 7'" 041 0.32 U.... u..r O.53~ 0.26% No No v...... Dr .... 2lU 0 8,3017 11.85" .,336 0,092 """ 056 ..2 37. · 5 2 4 4'" 371 403 311' 3 6 1 040 0" 0.37 U_ Under 0.21" Ð.58% No No VANDE...... T .... ..... 111~A.......ue nu 0 6.... 1815% 9063 0.092 .'0 0.56 510 .00 4 5 4 2 510 3.7 516 400 6 6 3 11 SO 0.~5 0.35 u.... Undo< . 0.52" 0.26% Ha No ,,1,. "".n.,. __t 2LU 0 13 069 1.11'" 1321. 0002 1220 056 683 537 13 10 . 5 61. 532 695 540 6 16 · 1 ISO 0.60 047 u_ U....6 1._ 0.70% No Na .~ P...RcI. BcttIb S..ell ReS 2LU 0 12.506 1-11'4 12645 Q092 1160 0.56 .SO 510 · '4 5 9 ... S05 ..3 512 6 4 7 1110 006 0.61 u_ Under . 0.53% 0...... No NO US'1 ..... NftM& Pae !W. Ol0 0 s1589 13.46% 56 531 0,092 5380 0.53 2851 2529 13 10 12 6 2850 2525 2854 2521 1 4 3 2870 0.99 0.'" Und_r Under 0.1." 0.10% Ha No i\MrDln&P...Rd "".. 610 0 S1 sag 13.-46% 58 531 0002 53110 0.53 2,S1 2520 · 6 , 4 2.50 2527 2851 2529 7 1 2 2400 1.19 1.05 0- 0- 1 0.04% 0.08"Mo No Na Old" ...... 610 0 32187 1D.11% 36102 0092 '320 0,53 1760 1560 4 · 3 · nS8 1 S58 1160 1560 1 , 2 '400 0.13 D.eS U.... u_, 0.04'" 0.08% No No .---- --..- ----.- - -.. .-....-- --- --.-. --- ...... -- --- - .... -...- -- - --. -. - - -.-..... .-.- =..- --. ._, _.'- FOOTNOTES: (1) Existing plus committed number of lanes. (2) Service volume at LOS standard for all facilities In Collier County bued on the Collier County 2003 AUIR and in Lee County based on generalized service volume. developed by LCDOT, 2003. (3) LOS standard based on Ihe Collier County 2002 AUIR. (4) Historic grOWlh rate based on Comer County (or Lee County) Iraffic courrts from 1990 10 2001 (when available). as shown in Exhibit g, . (5) K(I00) faclors and Directional factors from Collier County AUIR service volume table.. (6) Projected volume doe. nol reflect Iraffle dÌ\lersion away from Vanderbill DrÌ\le due to completion of US 41 six-laning, (7) Projected volume does nol reflect Irafflc dÌ\lersion ð'N8y from US 41 due to new LÌ\ling.ton Road between Immokalee Road.nd Bonita Beach Road. lOSDS.WKC 0511012004 Agenda Item No. 8B Page 99 ~f 235 Ciil ~I + UL 1003 .:l ~I {. ...!!L ~ 2M ¡- BONITA BEACH RD. 2!!.-J ~ ~J;I N.T.S. 1020 ~ eee 27e , i ~I ~ 0 !:i Iii ffi 0 ~ ~ ~ £II il fil ãl I..!L l.!L 10 2- ~ PROJECT ENTIWICE .d ~I;l l1li .1!L 1!L .!I 21 L 17. III ¡- WIGGINS PASS RD. r- 47 1!!.-J J¡121 208 380 I!LJ ~IIII 215 1L- 20_ m ~I 2441 , , ~ ¡ II ;1 il Lill.. l!L ~hlL ....!!!!... l!L 411 BLUE BILL AVE. r- 111th AVE. 258 eU ~~I~I 4011 '!L- :IV , -I a NOTE: Updated to show Project entrance opposite Wiggins Pass Road. @E3 COCONILLA PUD FUTURE (2005) AM PEAK HOUR VOLUMES WITH PROPOSED PROJECT 02532/OSC/0504 160 (Updated) --_._""-_._--~..~~.,. .. ,- ~.~ , Page 100 of 235 ~I II ~ ~ .lB!... .:d ..I ~ ....!!!... ..E!!!. 28S r- BONITA B£ACH RD. 2L.J ~ fal ~ N.T.S. 1~ 1373 - "~ 318 ----, II ~I ~ II:: Q !:i ãi 15 Q ~ . en ::I a i II II ~ l!L 211 .L- 237 E!.... ~ 1!L PROJECT ENTRANCE .d ~I:L 15 ~!IL 115 r- WIGGINS PASS RD. r- 211 ~ l'I: 2114 421 Z1LJ ~IIªI 201 II - - 2&_ - -a tIII3 ----, ï ----, !I !I i ;1 ~I 2111 E!- .!I iil eL -!!L !!L <411 BLUE BILL AVE. r- , "th AVE. 2<411 ~ ~§I~ 4>411 - 218 - 47 ---, ~I § NOTE: Updated to show Project entrance opposite Wiggins Pass Road. FUTURE (2005) 02532/09C/0504 @Ë3 COCON I LLA PU D PM PEAK HOUR VOLUMES 1Gb WITH PROPOSED PROJECT (Updated) Agenda Item No. 88 Agenda Item No. 88 March 22, 2005 Page 101 of 235 APPENDIX D (UPDATED) INTERSECTION CAP ACITY ANALYSIS V ANDERBIL T DRIVEIWIGGINS PASS ROAD/COCONILLA ENTRANCE ~ Short Report rd.~t: ! ~+ J... Agencra Item No. öB March 22, 2005 Page 102 of 235 SHORT REPORT Generallnfonnation Site Infonnation Analyst DPA Intersection Vanderbilt Dr.NViggins Pass Rd ~gency or Co. Naples Area Type All other areas Date Performed 03/24/2004 lJurisdiction hïme Period AM Peak Hour Analysis Year 2005 With Proposed Project Volume and Timina InDut EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT lNum. of Lanes 0 1 0 1 1 0 1 1 1 1 1 1 Lane group LTR L TR L T R L T R Volume (vDh) 10 12 25 88 3 90 5 267 80 116 514 2 % Heavy veh 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Actuated (PIA) A A A A A A A A A A A A Startup lost time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext. eft. areen 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type 3 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 60 0 2 Lane Width 12.0 11.0 11.0 12.0 11.0 12.0 12.0 11.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/hr Bus stopslhr 0 0 0 0 0 0 0 0 0 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Phasing EB Only WB Onlv 03 04 Excl. Left Thru & RT 07 08 friming G = 12.0 G = 16.0 G= G= G = 16.0 G = 54.0 G= G= Y - 5 y= 5 Y= y= y= 6 Y= 6 Y= y= Duration of Analysis (hrs = 0.25 levcle Length C = 120.0 L.ane Group CaDacitv. Control Delay, and LOS Determination EB WB NB SB Adj. flow rate 52 98 103 6 297 22 129 571 0 Lane group cap. 171 228 205 236 810 712 236 810 712 vIe ratio 0.30 0.43 0.50 0.03 0.37 0.03 0.55 0.70 0.00 Green ratio 0.10 0.13 0.13 0.13 0.45 0.45 0.13 0.45 0.45 Unif. delay d1 50.1 47.8 48.3 45.2 21.7 18.4 48.6 26.6 18.2 Delay factor k 0.11 0.11 0.11 0.11 0.11 0.11 0.15 0.27 0.11 ncrem. delay d2 1.0 1.3 2.0 0.0 0.3 0.0 2.7 2.8 0.0 PF factor 1.000 1.000 1. 000 1.000 1.000 1.000 1.000 1. 000 1.000 Control delay 51.1 49.1 50.3 45.3 22.0 18.4 51.3 29.4 18.2 Lane group LOS D D D D C B D C B v..pprch. delay 51.1 49.7 22.2 33.4 !Approach LOS D D C C Intersec. delay 33.8 Intersection LOS C HCS2000™ Copyright 0 2000 University of Florid!!, All RighlS Reserved Version 4.ld file://C:\Documents%20and%20Settings\adongx.DPLUMMER\Local%20Settings\... 3/24/2004 . "- Short Report AgÆ,'â~9tetn Woo 88 March 22, 2005 Page 103 of 235 SHORT REPORT lGenerallnfonnatlon Site Information Þ.nalyst DPA Intersection Vanderbilt Dr./Wiggins Pass Rd Þ.gency or Co. Naples !Area Type All other areas Date Performed 0312512004 iJ u risdiction Time Period PM Peak Hour !Analysis Year 2005 With Proposed Project Volume and Timina InDut EB WB NB SB LT TH RT LT TH RT LT TH RT IT TH RT Num. of Lanes 0 1 0 1 1 0 1 1 1 1 1 1 ¡L.ane group I'- TR L TR L T R L T R !Volume (vph) 10 8 8 85 6 146 16 486 141 115 405 7 % Heaw veh 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 IActuated (P/A) A A A A A A A A A A A A StartuD lost time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext. eft. green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 IArrival tvDe 3 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 60 0 3 Lane Width 12.0 11.0 11.0 12.0 11.0 12.0 12.0 11.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/hr Bus stops/hr 0 0 0 0 0 0 0 0 0 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Phasina EB Onlv WB Only 03 04 Excl. Left Thru & RT 07 08 Timing G = 8.0 G = 20.0 G= G= G = 15.0 G = 55.0 G= G= y = 5 y= 5 y= y= Y = 6 y= 6 y= y= Duration of Analvsis (hrs = 0.25 Cycle LenQth C = 120.0 Lane GrouD CaDacltv. Control Delav. and LOS Determination EB WB NB sa !Adj. flow rate 29 94 169 18 540 90 128 450 4 Lane group cap. 117 2B5 257 221 825 726 221 825 726 'r-I/c ratio 0.25 0.33 0.66 0.08 0.65 0.12 0.58 0.55 0.01 Green ratio 0.07 0.17 0.17 0.13 0.46 0.46 0.13 0.46 0.46 . Unif. delay d1 53.1 44.1 46.8 46.4 25.1 18.7 49.5 23.5 17.6 Delay factor k 0.11 0.11 0.23 0.11 0.23 0.11 0.17 0.15 0.11 Increm. delay d2 1.1 0.7 6.0 0.2 1.9 0.1 3.8 0.8 0.0 PF factor 1. 000 1.000 1.000 1.000 1.000 1.000 1. 000 1.000 1.000 !Control delay 54.3 44.B 52.8 46.6 27.0 18.7 53.3 24.2 17.7 Lane group LOS D D D D C B D C B Apprch. delay 54.3 49.9 26.4 30.6 Approach LOS D D C C I ntersec. delay 32.6 Intersection LOS C HCS2000™ Copyright 0 2000 University of Florida. An Rights Reserved Venion 4.ld file:IIC:\Documents%20and%20Settings\adongx.DPLUMMER\Local%20Settings\... 3/24/2004 Agenda Item No. 88 March 22, 2005 Page 104 of 235 APPENDIX E (UPDATED) ITE TRIP GENERATION WORKSHEETS COCONILLA PUD @E3 Agenda Item No. 88 March 22, 2005 Page 105 of 235 APPENDIX E (UPDATED) COCON1LLA PUD #02532 ITE TRIP GENERATION (7TH EDITION) BUILDOUT (2005)' DAILY AND AM P~K HOUR (1) h-M PEAK LAND USE ITE LUC SIZE UNIT TRIP TYPE ADJ. FACTOR IN ADJ. (1) OUT TOTAL FACTOR CAlLY ===================== ===== =======: =====: ============= ===: ==:====== ======== ======= ========= ==:: === ======= ==: RESIDENTIAL CONDO. 232 95 Units TOTAL 11 46 51 582 (HIGH RISE) INTERNAL 4% 1 1 2 (2) 11% 65 (2) EXTERNAL 10 45 55 518 PASS-BY 0% 0 0 o (3) 0% o (3) NET NEW 10 45 55 518 RESIDENTIAL CONDO. 230 0 Units TOTAL 0 0 0 0 INTERNAl 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS-BY 0% 0 D- O (3) 0% o (3) NET NEW 0 0 0 0 GENERAL OFFICE 710 o Sq. Ft. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS-BY 0% D- n o (3) 0% o (3) NET NEW 0 0 0 0 RETAIL 620 o Sq. Ft. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS-BY 0% 0 n o (3) 0% o (3) NET NEW 0 0 0 0 MARINA 420 29 Slips TOTAL 1 1 2 86 INTERNAL 75% 1 1 2 (2) 75% 65 (2) EXTERNAL 0 0 0 22 PASS-BY 0% 0 0 2 (3) 0% o (3) NET NEW 0 0 0 22 TOTAL TOTAL 12 47 59 668 INTERNAL 2 2 4 (2) 129 (2) EXTERNAL 10 45 55 539 PASS-BY 0 0 o (3) o (3) NET NEW 10 45 55 539 Peak Hour Directional SplitlPeak-to-Daily Ratio 18.2% 80.9% 10.20% -- FOOTNOTES' (1) Based on ITE, Trip Generation (7th Edition). The trip generation equations were used for aU uses, when available. (2) Internal trips between the residential (R) and nonresidential (NR) uses. (3) Pass-by rate based on the equation on Figure 5.5 in the ITE Trip Generation Handbook. 04/22/2004 ITETGEN-am-scen 1-r.WK4 Agenda Item No. 8S March 22, 2005 Page 106 of 235 APPENDIX E (UPDATED) COCONILLA PUD #02532 ITE TRIP GENERATION (7TH EDITION) BUILDDUT (2005)' DAILY AND PM PEAK HOUR (1) PM PEAK ADJ. (1) OUT TOTAL FACTOR DAILY LAND USE ITE LUC SIZE UNIT TRIP TYPE ADJ. FACTOR IN ====================== ====: =======: ====== ============ ==== =====-== ====:z:= ======1 =s===_a=c ...: -==== ======: ==: RESIDENTIAL CONDO. 232 95 Units TOTAL 30 18 48 582 (HIGH RISE) INTERNAL 8% 2 2 4 (2) 11% 65 (2) EXTERNAL 28 16 44 518 PASS-BY 0% Q Q .0 (3) 0% .0 (3) NET NEW 28 16 44 518 RESIDENTIAL CONDO. 230 0 Units TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS-BY 0% .0 Q Q (3) 0% Q (3) NET NEW 0 0 0 0 GENERAL OFFICE 710 o Sq. Ft. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS·BY 0% Q .0 Q (3) 0% Q (3) NET NEW 0 0 0 0 RETAIL 820 o Sq. Fl. TOTAL 0 0 0 0 INTERNAL 0% 0 0 o (2) 0% o (2) EXTERNAL 0 0 0 0 PASS-BY 0% Q Q .0 (3) 0% o (3) NET NEW 0 0 0 0 MARINA 420 29 Slips TOTAL 3 2 5 86 INTERNAL 75% 2 2 4 (2) 75% 65 (2) EXTERNAL 1 0 1 22 PASS-BY 0% Q Q Q (3) 0% o (3) NET NEW 1 0 1 22 TOTAL TOTAL 33 20 53 668 INTERNAL 4 4 8 (2) 129 (2) EXTERNAL 29 16 45 539 PASS-BY 0 0 o (3) o (3) NET NEW 29 16 45 539 Peak Hour Directional SpliVPeak-to-Daily Ratio 65.0% 36.1% 8.35% -- FOOTNOTES' (1) Based on ITE, Trip Generation (7th Edition). The trip generation equations were used for all uses, when available. (2) Internal trips between the residential (R) and nonresidential (NR) uses. (3) Pass-by rate based on the equation on Figure 5.5 In the ITE Trip Generation Handbook. 04/2212004 ITETGEN-pm-scen 1-r.WK4 Coconilla TIS Summary of Trip Generation Calculation For 95 Dwelling Units of High-Rise Residential Condo I Townhouse March 24, 2004 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 6.12 0.00 1.00 582 7-9 AM Peak Hour Enter 0.11 0.00 1.00 11 7-9 AM Peak Hour Exit 0.48 0.00 1.00 46 7-9 AM Peak Hour Total 0.59 0.00 1. 00 56 4-6 PM Peak Hour Enter 0.31 0.00 1.00 30 4-6 PM Peak Hour Exit 0.19 0.00 1.00 18 4-6 PM Peak Hour Total 0.50 0.00 1. 00 48 Saturday 2-Way Volume 6.02 0.00 1.00 572 Saturday Peak Hour Enter 0.26 0.00 1. 00 25 Saturday Peak Hour Exit 0.34 0.00 1.00 33 Saturday Peak Hour Total 0.60 0.00 1. 00 57 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: T = 3.77(X) + 223.66, R^2 = 1 7-9 AM Peak Hr. Total: T = .29(X) + 28.86 R^2 - 0.98, 0.19 Enter, 0.81 Exit 4-6 PM Peak Hr. Total: T = .34(X) + 15.47 R^2 = 0.99, 0.62 Enter, 0.38 Exit AM Gen Pk Hr. Total: T = .3(X) + 25.33 R^2 0.95, 0.17 Enter, 0.83 Exit PM Gen Pk Hr. Total: LN(T) = .84LN(X) + .07 R^2 - 0.99, 0.68 Enter, 0.32 Exit Sat. 2-Way Volume: T = 3.94(X) + 197.85, R^2 1 Sat. Pk Hr. Total: T = .3(X) + 28.85 R^2 - 1, 0.43 Enter, 0.57 Exit Sun. 2-Way Volume: T - 3.11(X) + 176.97, R^2 = 1 Sun. Pk Hr. Total: T = .27(X) + 16.84 R^2 = 1, 0,54 Enter, 0.46 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS __._______n_____. Agenda Item No. 88 March 22, 2005 Page 107 of 235 Coconilla TIS Summary of Trip Generation Calculation For 29 Berths of Marina April 22, 2004 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 2.96 2.26 1. 00 86 7-9 AM Peak Hour Enter 0.03 0.00 1. 00 1 7-9 AM Peak Hour Exit 0.05 0.00 1. 00 1 7-9 AM Peak Hour Total 0.08 0.00 1. 00 2 4-6 PM Peak Hour Enter 0.11 0.00 1. 00 3 4-6 PM Peak Hour Exit 0.08 0.00 1. 00 2 4-6 PM Peak Hour Total 0.19 0.00 1. 00 6 Saturday 2-Way Volume 3.22 2.64 1. 00 93 Saturday Peak Hour Enter 0.12 0.00 1. 00 3 Saturday Peak Hour Exit 0.15 0.00 1. 00 4 Saturday Peak Hour Total 0.27 0.53 1. 00 8 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS ---- Agenda Item No. 88 March 22, 2005 Page 108 of 235 ,- ( COCONILLA RPUD COLLIER COUNTY EN1nRONMENTALIMœACTSTATEMENT May 2003 Revised May 17, 2004 Prepared For: EcoVenture Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 (813) 251-4868 Prepared By: ~, Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 Agenda Item No, 88 March 22, 2005 Page 109 of 235 Project No. 02EC0763 -----------~~._- Agenda Item No. 88 March 22, 2005 Page 110 of 235 TABLE OF CONTENTS £m Introduction................................................................ ....................................................................1 3.8.5.1 3.8.5.2 3.8.5.3 3,8.5.4 3.8.5.5 3.8.5.6 3.8.5.7 3.8.5.8 Applicant Infonnation.................................... ...........................................................1 Mapping and Support Graphics ............. ....... ....... .......... ............... ........ ............. .......1 Project Description and GMP Consistency Detennination.......................................8 Native Vegetation Preservation......... ...... ............. ..... ................. .............. ......... ......12 Wetlands.............. ..................................................................... ...... ...................... ...12 Surface and Ground Water Management................................................................14 Listed Species............................................................ .... ......... ............................. ...14 Other.............................. 0 0.................................... ............ 0............. ......... ........... ....16 References. 0........................................ 0.......................................··...... .............. .......................... ...18 - Figure 1. Figure 2. Figure 3. Figure 4. - Agenda Item No. 8B March 22, 2005 Page 111 of 235 LIST OF FIGURES ~ Project Location Map............... .............. ................................................................2 FLUCFCS and Wetlands Map... ............ ................................. ............... ................4 Soils Map............................................................. .............................................. ....5 Impact Map ..... ................................................................................ .............. .........7 11 .L- Table 1. Table 2. Agenda Item No. 88 March 22, 2005 Page 112 of 235 LIST OF TABLES ~ Existing Land Use and Cover Summary ..................................................... ...........3 Listed Wildlife that could Potentially Occur on the Coconilla Property ..............15 III Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibt E Exhibit F. Exhibit G. Exhibit H. Exhibit 1. Exhibit J. Exhibit K. Exhibit 1. ,- Agenda Item No. 88 March 22, 2005 Page 113 of 235 LIST OF EXHmITS Page Resume............. ................................................................................................. .. A-I Aerial Photograph with FLUCFCS Overlay........................................................B-l Topographic Map................................ ................. .......... ............... ............ ........... C-l Water Management Plan ..................... ..... .......... .............. ......... .......................... D-l RPUD Master Plan.......................................... .................. ...... ....... ....... ..... ...... ....E-l Bald Eagle Management Plan ...... ....... ..................... ............. ........... ....................F-l Manatee Protection Plan ........ ............. ............................. .......... ......... .......... ...... 0-1 Marina Management Plan .......... ...... ........... ......... ...................... ............ ....... ...... H-l Correspondence from the Florida Department of State ....................................... 1-1 USFWS Bald Eagle Biological Opinion ............................................................ J-l USFWS Manatee Biological Opinion. ................. ......... ...................................... K-l Environmental Site Assessments ....... ..................... ..... ........................................ L-l iv ~...~-- Agenda Item No. 88 March 22, 2005 Page 114 of 235 INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for the Coconilla Residential Planned Unit Development (RPUD). This EIS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code (October 30, 1991, as amended 2003). 3.8.5.1 APPLICANT INFORMATION A. Responsible owner(s) agent(s) who wrote the EIS and his/her education and job related environmental experience. Andrew Woodruff, Passarella and Associates, Inc. Consulting Ecologists. A copy of Mr. Woodruff's resume is enclosed as Exhibit A. B. Owner(s) agent(s) name, address, phone number, and email. Owner: Eco Venture Wiggins Pass, Ltd. 601 Bayshore Boulevard, Suite 960 Tampa, Florida 33606 Agents: Robert J. Mulhere, AlCP RWA, Inc. 3050 N. Horseshoe Drive Suite 270 Naples, Florida 34104 (239) 649-1509 Ijm@consult-rwa.com 3.8.5.2 MAPPING AND SUPPORT GRAPHICS A. General location map. A project location map is provided as Figure 1. B. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Tra1'lSrJortation - Florida Land Use Cover and Forms Classification SvstemfFLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project. provided the photograph and overlays are legible at the scale provided A legendfor each of the FLUCFCS categories found on-site shall be included on the aerial. 1 Â ð N.T.S. R 25 E I en .J5EC 17. T J ro 485. R 25E I "I:t' I E-< 0 I ~ i c: I I ~ I J t:I:J I X I 1---\ F I 1.. D::: o ~ !D D::: W o z ~ 9 Agenda Item No. 88 March 22, 2005 ge 115 of 235 ~ ...,¡- (í) :::> 16 WIGGINS PASS RD. 15 I FIGURE 1. PROJECT LOCATION MAP COCONILLA RPUD PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: CC DATE: 4/9/03 2 1 I Agenda Item No. 8B March 22, 2005 Page 116 of 235 Vegetation associations and land uses were delineated using 2000 rectified color aerials (1" = 200') and on-site field surveys conducted in July 2002. During the surveys, preliminary lines were drawn on the aerial delineating the different vegetation associations. These delineations were classified based on the nomenclature of the Florida Land Use, Cover and Fonns Classification System (FLUCFCS), Levels m and IV (Florida Department of Transportation 1999). The FLUCFCS map, shown as Figure 2, was generated using AutoCAD (Version 2004). An aerial photograph with FLUCFCS mapping is enclosed as Exhibit B. Table 1 summarizes the various cover types delineated on-site and their associated acreages, while a brief description of each of the FLUCFCS classifications follows. Table 1. Existing Land Use and Cover Summary 184 540 Marina 10.02 0.43 10.45 95.9 4.1 100.0 Bay TOTAL Marina (FLUCFCS Code 184) This developed area occupies 1 0.02± acres or 95.9 percent of the property. This area is the site of an active commercial marina that includes dry storage facilities, maintenance and repair facilities, fueling facilities, and a ship's store. No native habitat is present. Bay ŒLUCFCS Code 540) This open water tidal habitat occupies 0.43± acre or 4.1 percent of the property. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No seagrasses (Halophila johnsonii) were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. C. Topographic map, and existing drainage patterns if applicable. Where possible elevations within each of FLUCFCS categories shall be provided. A topographic map showing upland elevations, bathymetric contours, and existing drainage patterns is enclosed as Exhibit C. D. Soils map at scale consistent with that used for Florida Department of Transportation - Florida Land Use Cover and Forms Classification System determinations. A soils map for the property is provided as Figure 3. 3 - ---.... .-- --". SCALE: I· . ZOO' Â ~ -I-¡ \ \ \ \ '\ \ ~\ Q:\ ~\ I- .....¡ - ~ ltJ ~ ~ I I I -- -- ----- 411 r-----.. I - I I P/L 1 I ------f 0 0 '----- I i 400 540 (0.4;5 AC.±) ~ ~~ 540 i I L~ 1 184 (10.02 AC.±) \80 ------ i ~ I ~ ¡ . ci l i ! ~ I ~==g~ SFWWD 'OTHER SURFACE ~ === WATERS' AND CaE "WATERS I Of' THE U.s.' (0.43 Ac.±) I ~ .. I -I ON-SITE FlUCFCS CODE 184 540 P/L I ~ -----.- DESCRIPTION ACREAGE MARINA 10,02 Ac.± BAY O.43Ac.:t TOTAL 10.45 Ac.± OFF·SITI. I'LUCFCS CODE '80 <00 411 540 .,2 814 i FIGURE 2. FLUCFCS AND WETLANDS MAP i COCONILLA RPUD " DtlBCRIP110N RECREA1'10NAL MIXED FOREST PINE FLATWOODS BAY MANGROve ROAD %OF TOTAL 95.9% 4.1% 100.0% a . March 22. 2005 Page 117 of 235 I I I \ \ \ 411 \ \ \ I I WIG (¡INS PASS ROAD 614 I ¡ I I 411 I L _-1 tIQIES; FLUCFCS UNES ESTIIMTED FROM 1'-200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIIMTED. FlUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIF1CATlON SYS1UI (FLUCFCS) (FOOT 1999). OFF-SITE FLUCFCS HAS NOT BEEN GROUNOTRl1THED. PROPERlY BOUNDARY PER ffWA. INC. DRAWING NO. 02-0018-4S1E.DWG OATED AUGUST 2. 2002. PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: CC DATE: 4/9/03 Agenda Item No. 8B arc , a Page 118 of 235 Â ð PROJECT LOCATION 40 39 SCALE: ,. = ZOO' 33 35 w j Ii ! ! I ~ I j ! i ~ i I s ~ Soli Unit DNcrIptlon StIIIua 17 BASINGER FINE SAND NON-HYDRIC 33 URBAN LANO-HOLOPAW~ASINGER COMPLEX NON-HYDRIC 35 URBAN LANC-AGUENTS COMPLEX, ORGANIC NON-HYDRIC SUBSTRATUM 39 SAl£LLlTE FINE SAND NON-HYDRIC 40 DURBAN AND WULFERT MUCKS, FREQUEN1l. Y HYDRIC FLOODED W WATER NOlE: SOILS MAP SCANNED FROt.l NRCS COWER COUNTY SOIL SURVEY. I :¡ ì FIGURE 3. ~ <; SOILS MAP COCONILlA RPUD PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: CC DAlE: 8/2/02 Agenda Item No. 88 March 22, 2005 Page 119 of 235 E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. A surface water management plan is enclosed as Exhibit D. F. Deve lopment plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. A site plan is attached as Exhibit E. The project will be developed in one phase. The marina will be constructed first, with the first order of work being a small amount of dredging in the existing basin to remove approximately 400 cubic yards to be placed in a containment area constructed immediately upland of the existing seawall. The approximate limits of dredging are depicted on the impact map attached as Figure 4. Silt curtains will be deployed prior to dredging and will remain in place until all work on the basin is completed. The second order of work will be to excavate the area immediately upland of the seawall to create the new portion of the basin. The existing seawall will be left in place to control suspended particles until excavation of the upland portion of the basin and installation of the new basin seawall is complete. The existing seawall will then be removed connecting the excavated marina with the tributary to the Cocohatchee River. The turbidity curtains installed prior to commencement of the dredging operation will remain in place until the basin connection is complete and turbidity levels within the created basin have subsided. The project is currently within the development services area of Collier County Utilities and consists of a potable water meter and a wastewater lift station within an existing county utility easement. The public components of utility services will not be different in the post· development configuration. Easements are and will be available for public service providers, such as those for electricity, cable television, and telephone. Right-of-way work will generally occur at the beginning of the uplands work to facilitate transport to and from the subject property. Vanderbilt Drive provides access to the project. Vanderbilt Drive is a two-lane road connecting Bonita Beach Road, Wiggins Pass Road, I11th AvenuelBluebill Avenue, and Vanderbilt Beach Road. U.S. 41 is approximately one mile east of the project. Wiggins Pass Road, which intersects Vanderbilt Drive just south of the project, connects Vanderbilt Drive and U.S. 41. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads. and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flow ways and potential wildlife corridors. Please see the Coconilla RPUD Master Plan enclosed as Exhibit E. 6 Â ~ SCALE: I' . ZOO' P/L \ I ! \ 9------\ \~ ~\ \ ,~ )( \ \\\ ~ / \ oU \~ \\ ~ \ nn~--"~) ) 7 \ 1.'Nr~ é;) U( \ i /",,>\0 (\ \ ! ! /\, ( \j\\ I ¡== .\ I' \. I ¡ ~\ I , (0.22 AC~i D i -¡I~ I ~~ ~) I. I i I I &S:j P/L LIMITS OF EXISTING SEAWALL LE!ìEtQ; TiDAL WATtRS TO BE DREDGED (0.22 Ac.±) I I I i I i I I \ I \ \ ! i i \ \ ~\ ct, QI 1-.' i -.I \ - I ~\ .......\ IJ.J¡ ~I ~I L WIGGINS PASS ROAD NOìES: PROPERTY BOUNDARY AND SrT£ PlAN PER RWA. INC. DRAWING NO. 20018X17.DWG 0A'I'tD MAY 15. 2003. § iI !! :I I F'IGURE 4. IMPACT MAP ~ COCONILLA RPUD '" ~ ~ ~ ! ¡ " . z: i 5 ! i ~ z: ij .I: oJ I ~ PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: D.B. DATE: 5/14/04 Agenda Item No. 8B March 22, 2005 Page 121 of 235 H. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. The project site is not included within the RLSA or RFMU Districts. 3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION A. Provide an overall description of the project with respect to environmental and water management issues. The project will result in the permanent closure and removal of an existing full service commercial marina and boat storage facility that has been in existence for over 25 years. Redevelopment for residential use will occur within areas previously developed and occupied by the commercial marina. The commercial marina included dry storage facilities, maintenance and repair facilities, fueling facilities, and a ship's store. Compared to the current commercial operation, the project is anticipated to result in a reduction of daily noise levels and a reduction in the release of chemicals toxic to fish and wildlife. No native habitat is present on the project site. There will be no loss of native habitat types resulting from project redevelopment. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No sea grasses were observed within or adjacent to the project boundary. A portion of the project site is located within 1,500 feet of bald eagle (Haliaeetus leucocephalus) nest CO-019. The West Indian manatee (Trichechus manatus) may occur within waters near the project site. The applicant has coordinated with the U.S. Fish and Wildlife Service (USFWS) in preparing a Bald Eagle Management Plan that currently does not exist for the commercial marina. A copy of the Bald Eagle Management Plan is attached as Exhibit F. The management plan will address limitations on construction activities and the use of a USFWS approved observer to monitor eagle behavior. Monitoring will be conducted for the purpose of detecting any potential abnormal behavior of the adult eagle or their chicks that may be elicited in response to development activities within 1,500 feet of the nest tree and to establish a procedure for halting or modifying any disturbance that harms or harasses eagles. The project site is not located in a designated critical habitat for the West Indian (Florida) manatee. There are no seagrass beds located within the project area. The redevelopment of the existing marina will result in the removal of 450 dry slips and all access points for additional watercraft. This project will result in 90 percent reduction in the number of boats kept at the project site and a major reduction in boat traffic originating from the project site. The project is anticipated to have a net benefit to the West Indian manatee. The applicant will implement the Standard Manatee Construction Protection Precautions. A Manatee Protection Plan prepared by Humiston and Moore Engineers is attached as Exhibit G. - 8 Agenda Item No. 88 March 22, 2005 Page 122 of 235 Redevelopment of the marina to residential use is anticipated to create a net reduction in the generation of both vehicle and boat traffic. Based on vehicle trip generation estimates prepared by David Plummer and Associates, Inc., the existing marina generates more vehicle traffic on a daily basis than the proposed project. Furthermore, the project is anticipated to significantly reduce the amount of boat traffic originating within the secondary protection zone by eliminating 450 dry storage spaces and all access ramps for trailered vessels. The water management system for the proposed residential project will be designed to meet Florida Department of Environmental Protection (FDEP) water quality criteria for discharge to Outstanding Florida Waters resulting in greater water quality treatment than is currently provided by the existing commercial operation. During upland redevelopment, appropriate erosion control mechanisms such as hay bales and silt fences will be used to prevent sediment transport to the water per the State and Federal National Pollution Discharge Elimination System regulations and recommendations. Dredging activities will be separated from adjacent waters by weighted turbidity curtains. Excavation activities within uplands will be separated from adjacent waters by the existing seawall and weighted turbidity curtains. Basin side slopes will be stabilized with rip rap wrapped in filter cloth. Docks will be constructed offoam filled concrete modules and moored in place with concrete piles. No chromated copper arsenate (CCA) treated wood will be used for dock construction other than what is needed to fasten the floating dock modules together and only in locations permanently above water. The project will remove both abandoned and active buried fuel tanks and replace with state- of-the-art double-lined fuel tanks. The project will be responsible for appropriate remediation of contaminated soils resulting from existing storage tanks. Fueling and pump out facilities will be governed by the conditions in the Marina Management Plan attached as Exhibit H. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. Responses to applicable Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan are provided as follows: OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. 9 Agenda Item No. 88 March 22, 2005 Page 123 of 235 Resoonse Please see response to 3.8.5.3 (A). OBJECTIVE 2.1: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems. Resoonse Please see response to 3.8.5.3 (A). OBJECTIVE 7.1 The county shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study area, for which policies are required to be adopted by November 1, 2002. Resoonse Please see response to 3.8.5.3 (A). OBJECTIVE 9.4: The County shall continue to implement its local storage tank compliance program. Response The project will remove both abandoned and active buried fuel tanks and replace with state- of-the-art double-lined fuel tanks. The project will be responsible for appropriate remediation of contaminated soils resulting from existing storage tanks. Fueling and pump out facilities will be governed by the conditions in the Marina Management Plan attached as Exhibit H. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR-SP- 93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. " -, 10 Agenda Item No. 88 March 22, 2005 Page 124 of 235 Response According to the Collier County Manatee Protection Plan (Section 3.2.4. Marina Sitting Criteria), CoconiIla RPUD is located in a preferred marina site based on water depth, native marine habitat, and manatee abundance. The project's water depth is considered to be greater than four feet at Mean Low Water (ML W). The project will have no impact to native marine habitats. The project site is not located in a high manatee use area. Policy 10.4.7 of the Conservation and Coast Management Element of the Growth Management Plan restricts construction of all structures seaward of the Coastal Construction Control Line (CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in the Collier County Growth Management Plan is that which was established in 1974; is referred to as the Coastal Construction Setback Line by Collier County. Lely Barefoot Beach established a Coastal Development Limit Line (CDLL) and this will be the line for consistency determination. Staff's review of the subject property found the construction as proposed (with no alterations beyond the County CDLL) to be landward of the CDLL, which makes it consistent with Policy 10.4.7. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Response Correspondence was received from the Florida Department of the State stating that no archaeological or historical sites are known to be present within the project area. A copy of this correspondence is included as Exhibit 1. OBJECTIVE 12.1: The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of28 hours as defined by the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Res'Donse The proposed 95 unit mid-rise development will not result in a reduction of hurricane evacuation time for a Category 3 storm below the standards set forth in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. The development will not result in an increase in these evacuation times. This has been reviewed and verified by Dan Trescott of the Southwest Florida Regional Planning Council and further confirmed by the Collier County Emergency Management Department. 11 Agenda Item No. 88 March 22, 2005 Page 125 of 235 3.8.5.4 NATIVE VEGEATION PRESERVATION A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Please see response to 3.8.5.2 (B). B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such~ Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. The site has no native habitat present. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and . Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide do.cumentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Not applicable. D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed:.. Not applicable. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these areas are being impacted or preserved. Not applicable. 3.8.5.5 WETLANDS A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification 12 -..,---....-..-- .__.+~_.._~__.__~A Agenda Item No. 88 March 22, 2005 Page 126 of 235 System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County:.. The subject property contains no FDEP or U.S Army Corps of Engineers wetlands. The project site contains 0.43± acre of tidal waters identified as Bay (FLUCFCS Code 540) and described as follows: Bay (FLUCFCS Code 540) This open water, tidal habitat occupies 0.43± acre or 4.1 percent of the property. The shoreline of this area is composed of sea wall and boat ramps. Several mooring docks anchored by pilings are located within this area. The majority of the submerged bottom is composed of soft sediment. No seagrasses were observed within or adjacent to the project boundary. Oyster clumps were observed attached to seawalls and existing pilings. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydro periods. Provide a narrative addressing the anticipated control elevation(s) for the site. There are no wetlands on the project site. C. Indicate the proposed percent of defined wetlands to be impacted and the f?jjècts of proposed impact on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. There are no wetlands on the project site. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. There are no wetlands on the project site. 13 Agenda Item No. 88 March 22, 2005 Page 127 of 235 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system, and how they will be incorporated in the system or passed around the system, positive outfall availability, wet season water table and dry season water table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water. The site is fully developed in its current state. The site currently drains to the existing marina basin, the adjacent private property, the Cocohatchee River Park, and the Vanderbilt Drive right-of-way. In the post-development drainage system, all flow from a 25-year, three-day storm will be collected, treated to the state outstanding Florida waters standards, and discharged to the existing portion of the improved marina. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post- development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five or more acres of wetlands. The analysis shall be performed using methodologies approved by federal and state water quality agencies. The water management system for the proposed residential project will be designed to meet FDEP water quality criteria for discharge to Outstanding Florida Waters resulting in greater water quality treatment than is currently provided by the existing commercial operation. Phase I, II, and III environmental studies show that the fonner commercial use produced pollutants including copper, arsenic, and Methyl- Tert-Butyl-Ethanol. The proposed residential use will reduce and/or eliminate the activities that caused the pollution and remediate the toxins previously released by the commercial operations. C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-S1) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. Wellfie1d Risk Management Special Treatment Overlay Zones (WRM-ST) have not been identified within the project area. 3.8.5.7 LISTED SPECIES A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the Us. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. ",- 14 Agenda Item No. 88 March 22, 2005 Page 128 of 235 The project site is developed and does not provide habitat for listed species. A portion of the project site is located within 1,500 feet of bald eagle nest CQ-O 19. The West Indian manatee may occur within waters near the project site. The applicant has developed protection plans for both the bald eagle and West Indian manatee (Exhibits F and G, respectively). B. Identify all listed species that are known to inhabit biological communities simžlar to those existing on the site or that have been directly observed on the site. Table 2. Listed Wildlife That Could Potentially Occur on the Coconilla Property FWCC - Florida Fish and Wildlife Conservation Commission USFWS - U.S. Fish and Wildlife Service SSC - Species of Special Concern T - Threatened Bald Eagle (Haliaeetus leucocevhalus) and Brown Pelican (Pelecanus occidentalis) Potential foraging habitat for bald eagle and brown pelican include Bay (FLUCFCS Code 540) habitats. West Indian Manatee (Trichechus mantus) Potential habitat for West Indian manatee includes Bay(FLUCFCS Code 540) habitats. The site is currently developed and does not support habitat for listed plant species. Information used in assessing the potential occurrence of these species included personal experience and knowledge of the geographic region. C. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. The applicant has coordinated with the USFWS in preparing a Bald Eagle Management Plan that currently does not exist for the commercial marina, as well as a Manatee Protection Plan. A copy of the Bald Eagle Management Plan is attached as Exhibit F. The management plan will address limitations on construction activities and the use of a USFWS approved obseIVer to monitor eagle behavior. Monitoring will be conducted for the purpose of detecting any potential abnonnal behavior of the adult eagle or their chicks that may be elicited in response to development activities within 1,500 feet of the nest tree and to establish a procedure for 15 Agenda Item No. 88 March 22, 2005 Page 129 of 235 halting or modifying any disturbance that banns or harasses eagles to the extent that ''take'' may occur. A copy of the Manatee Protection Plan is attached as Exhibit G. Within the Manatee Protection Plan, Wiggins Pass signs and markers clearly distinguish channel markers, shallow seagrass beds, manatee zones, and no wake zones. Boater education pamphlets are available on-site, as well as West Indian Manatee fact sheets posted as permanent signage. D. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Please see the Bald Eagle Management Plan attached as Exhibit F and the Manatee Protection Plan attached as Exhibit G. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the Us. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. A copy of the USFWS Biological Opinions prepared for bald eagle and manatee are attached as Exhibit J and K, respectively. The USFWS based these opinions on a site plan that included a residential tower height of22 stories over parking with a 52 wet slip marina. Both building height and number of wet slips on the project site have since been reduced and represent a further minimization of possible effects to listed species. 3.8.5.8 OTHER A. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. The project is the site of an existing 52 wet slips. According to Collier County Manatee Protection Plan (Section 3.2.4. Marina Siting Criteria), Coconilla RPUD is located in a preferred marina site based on water depth, native marine habitat, and manatee abundance. The project's water depth is considered to be greater than four feet at ML W. The project will have no impact to native marine habitats. The project site is not located in a high manatee use area. B. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site:.. Copies of the Law Engineering and Environmental Services Environmental Site Assessments dated March 20, 2002; April 24, 2002; and July 19, 2002 are attached as Exhibit L. ,...- 16 .~... ___ u.__O· Agenda Item No. 88 March 22, 2005 Page 130 of 235 Copies of the Benchmark EnviroAnalytical, Inc. Water Quality Monitoring reports are attached, C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. The project location is not located in the Big Cypress ACSC-ST. D. Soil sampling or ground water monitoring reports and programs shall be requiredfor sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Please see response to 3.8.5.8 (B). E. Provide documentationfrom the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted On the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. There are no known historical or archaeological resources on the project site. The project site is not located in an archaeological sensitive area, and due to the nature of the site location it is unlikely that any historical or archaeological resources will be uncovered. A letter from the Florida Department of the State is attached as Exhibit K. 17 ( \ - Agenda Item No. 8B March 22, 2005 Page 131 of 235 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Fonns Classification System. Procedure No. 550-01O-001.a. Third Edition. 18 Coconilla Residential Towers Marina Management Plan Agenda Item No. 8B March 22, 2005 2NDRESUBwn.d2 uf-23::; PUDZ-2004-AR-5967 PROJECT #2002070024 DATE: 1/4/05 MIKE DOSI INTRODUCTION ECO VENTURE WIGGINS PASS LIMITED is proposing redevelopment of a marina and construction of residential towers at the site currently occupied by the Wiggins Pass Marina. To provide the Department of Environmental Protection reasonable assurances that the redeveloped marina will meet water quality standards, this Marina Management Plan (MMP) is proposed to address the water quality issues associated with operating a recreational marina and fuel facility. The existing facility is a commercial marina and boatyard with approximately 450 dry storage slips, vehicle parking for owners of boats in storage, approximately 52 wet slips primarily used for transients and mooring rental boats, fuel facilities, a ships store, and it provides boat supplies and repairs. There are several environmental benefits associated with the redevelopment of this facility. Foremost, the very nature of the site will be changed from commercial marina and boatyard into a recreational boat basin. Boat traffic in the area will be reduced because all 450 dry storage slips, and 23 wet slips will be eliminated. Related boat maintenance activities will also be discontinued. Additionally, the current site does not have a surface water management plan and storm water runoff from the commercial boatyard. boat storage areas, and parking areas discharges directly into the Cocohatchee River. The redevelopment project has a storm water management plan that will meet water management guidelines for the treatment of surface waters. The boat basin is being expanded to improve mooring facilities, but will have less fewer slips than the existing marina. All docks will be constructed of modular floating concrete units moored with concrete piles. The facility will not utilize pressure treated wood other than for the wales that are attached to the sides of the concrete floats to fasten the modular units together to form piers. The timber wales are located on the sides of the floats at the upper edge where they remain above the waterline at all times. A three-year water quality monitoring program will be implemented within thirty days of completed construction to evaluate water quality within the basin. A monitoring and compliance element is included in the Management Plan to define the scope of monitoring and procedures for reviewing the results for compliance. An enforcement element is included to provide a clear understanding of the parties responsible for compliance, and to define procedures for implementing corrective measures in the event that Management Plan guidelines are not met. Finally, the Management Plan includes an education element to inform resident boaters, guests, and marina staff of water quality and marina management requirements. Agenda Item No. 8B March 22, 2005 Page 133 of 235 It is the goal of EGO VENTURE WIGGINS PASS LIMITED to achieve Florida Clean Marina Program designation with the State, representing a facility where aesthetics, cleanliness and environmental concerns are the very highest priority. Best Management Practices (BMPs) are proposed activities that assist with maintaining water quality to state standards. The Management Plan is broken down into the following six elements. MONITORING AND COMPLIANCE ECO VENTURE WIGGINS PASS LIMITED will implement a three-year water quality monitoring program under the direction of the Florida DEP. This program will include twice annual testing and shall provide the Department with water quality data to evaluate compliance over the life of the program. Additionally, ECO VENTURE WIGGINS PASS LIMITED shall designate an Environmental Compliance Officer (EGO) who will be responsible for water quality in the marina basin. The ECO shall answer directly to the owner, and shall remain as a permanent operating position as long as the marina is in operation. The EGO shall be responsible for all documentation and reporting and shall work pro-actively with boat club staff, resident boaters, and guests to assure full compliance with the Management Plan, all State, Federal, and local permits, and state water quality criteria. The ECO will be identified to the DEP and will be the point of contact between EGO VENTURE WIGGINS PASS LIMITED and the DEP. The EGO will take immediate action to maintain compliance with the Management Plan, all State permits and State water quality standards, reporting these actions to the DEP. The criteria for reporting to DEP will be any observable violation of the Marina Management Plan, the DEP permit, or State law or rul.e. The ECO will provide the DEP an annual summary report of compliance efforts within the marina. The report will include various items such as quantity numbers for oil recycled, batteries disposed of, and general information regarding compliance by boat owners and marina operating staff. This will identify any appropriately changes, which should made in the education program and in the marina operations. ENFORCEMENT Responsibility - It will be the responsibility of EGO VENTURE WIGGINS PASS LIMITED, or successor in title, for maintenance of water quality standards within the marina. It shall be the responsibility of EGO VENTURE WIGGINS PASS LIMITED to identify pollution sources from within the marina that may result in water quality violations and to take appropriate actions to prevent occurrence of pollution from such sources. .- Notification _ It shall be the EGO's responsibility to monitor all boaters using the marina and overall marina operations on a daily basis. Upon observation of any Agenda Item No. 88 March 22, 2005 Page 134 of 235 noncompliance with the Rules and Regulations of ECO VENTURE WIGGINS PASS LIMITED, the Management Plan, DEP Permit, or State or local regulations, the ECO shall serve a written or verbal "Caution" statement to the violator, informing him or her of the infraction. A second infraction shall result in a written 'Warning" notice informing the violator and the boat slip owner of a second infraction. A third infraction may result in a fine, which will include all penalties assessed by the DEP, and any cost of remediation. All Violation Notices shall be documented in the Daily Log, including the reason for the infraction. EDUCATION PROGRAM In order to implement long-term objectives to protect the environment at the ECO VENTURE WIGGINS PASS LIMITED Marina, a series of educational workshops will be held. This education program will apply to all users of the facility and focus on their role in the long-term health of the marina and surrounding area. Each workshop shall include a review of the Management Plan, discussion of non- compliance issues, and evaluation of changes to the Management Plan as appropriate. This workshop program will include a welcome and orientation session for users of the marina, as well as continuing education for returning and long-term users of the marina. There will be one workshop per year. The program will be designed to educate the marina staff and users on environmental stewardship. The topics to be discussed will include the following: -- An explanation of the consequences of bottom cleaning and zinc replacement in the basin relative to releasing heavy metals into the water. -- Overview the battery recycling program, designated areas for disposal, proper techniques regarding handling of batteries over the water surface and on docks. -- Suggest boat owners not use hard abrasives or chemical treatments. -- An explanation of the value of floating debris collection and recycling efforts. -- Information and instruction on fueling procedures and the long-term impacts of fuel spilling into the water. -- Explain methods to reduce or eliminate oil content in bilge water. -- Inform boat owners and operators that the cost of spill cleanup will be the responsibility of the individual responsible for the spill. --.~.__.,_.. Agenda Item No. 88 March 22, 2005 Page 135 of 235 Provide information regarding proper handling and disposal of used oil products. __ Explain the value of using environmentallY friendly cleaning methods and products. __ Demonstrate the proper disposal of hazardous wastes such as paint, old gasoline, left over chemicals, out of date flares and paint chips. _ Discuss compliance concerns, non-compliance trends, and provide refresher discussions on areas of consistent non-compliance. _ Review all elements of the education program and discuss modifications that would make implementation of the Management Plan more effective. Employee Education - Conduct semi-annual workshops for marina employees regarding implementation. compliance, and monitoring under the Management Plan. Tailor the education program to include methods and procedures for executing the BMPs listed in the Management Plan. Include a provision within the employee handbook that requires compliance with the all provisions of the Management Plan. BOAT BASINS MANATEE PROTECTION - The following Best Management Practices are proposed to address secondary and cumulative impacts to manatees. ISSUE: Decreasing the possibility of watercraft interaction with manatees at this location would increase manatee protection. BMP #1: Improve public awareness of manatees by posting "Idle Speed" and "Caution, Manatee Awareness" signs from the marina site out to the Cocohatchee River main channel. ' TIMEFRAME: Effective upon construction completion. MONITORING: Monitor signage every six months and replace when necessary. ISSUE: Manatee mortality may be reduced by the existence and enforcement of speed protection zones. 8MP #2: Implement boater awareness of designated speed zones in Collier County through the Wiggins Pass Resort Hotel and Spa Education Workshop Program. TIMEFRAME: Effective upon construction completion. - ,~---~-,.,-~ Agenda Item No. 88 March 22, 2005 Page 136 of 235 MONITORING: Review the Education Workshop for currency every year. ISSUE: Improper boating in shallow waters can damage manatee habitat such as destroying sea grass and creating trenches through seagrass meadows. The loss of sea grass habitat diminishes food supply. BMP #3: Include an element in the Education Workshop discussing the importance of manatee habitat, and how to identify and avoid these areas. Information on manatee awareness, protection, and habitat will be distributed at the annual Education Workshop. TlMEFRAME: Effective upon construction completion. MONITORING: Review the Education Workshop for currency every year. ISSUE: The need for construction personnel to avoid collisions with manatees during construction. BMP #4: Implement the Standard Manatee Protection Construction conditions issued by the State of Florida Fish and Wildlife Conservation Commission (FFWCC), which include instruction of all personnel associated with the project of the presence of manatees and the need to avoid collisions with manatees. All personnel will be advised that manatees are protected under the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972 and the Florida Manatee Sanctuary Act of 1978, and that there are civil and criminal penalties for harming, harassing or killing. TIMEFRAME: Effective immediately. MONITORING: During construction of the project. ISSUE: Increase awareness among boaters using the facility of the presence of manatees in the canal system and waterway, and the need to observe and minimize interference with these. animals. BMP #5: Establish and maintain a permanent educational display at select locations to increase the awareness among boaters using the facility of the presence of manatees. TIMEFRAME: Effective immediately. MONITORING: Educational displays are to be maintained for the life of the marina. BOAT CLEANING: Washing of Boats Agenda Item No. 8B March 22, 2005 Page 137 of 235 ISSUE: Hard abrasives, such as steel wool, or similar cleaning pads, may drive chromium treatments into the water colu,mn during cleaning of boat bright work. Use of certain soaps, detergents, and cleansers can be detrimental to the environment and degrade water quality. Products used to wash boat hulls and decks often contain toxic ingredients such as ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or lye. BMP: All boats should be maintained using the type of cleansers limited to those permitted under local, state and federal regulations. Use fresh water to clean boats after every use, minimizing the use of cleansers. Provide information to boaters regarding use of cleansers and provide recommendations for brand names that are compliant with local, state, and federal regulations. All individuals who clean boats, both professional and owners, will be provided with an educational review sheet regarding environmentally safe techniques and cleansers. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Monitor boat cleaning in the marina basins daily, and provide noncompliant boaters with updated information from the boater education program. ORGANIC ACCUMULATIONS: Biological Oxygen Demand (BOD) ISSUE: Sea grasses, mangrove leaves, other organic material, and manmade products float into the marina and settle to the bottom. This accumulated detritus decomposes in a process that extracts oxygen from the water, driving dissolved oxygen to lower levels, possibly below state standards. BMP: Collect floating debris from the marina. Organic materials will be deposited in an approved offsite waste containment facility and manmade products will be recycled as appropriate. Additionally, the basin is designed with maximum depths which are less than the receiving waterway, and with intertidal areas designed to promote tidal flow through the basin. The intertidal areas should improve dissolved oxygen levels and water will flow to and from these areas under the bottom of the floating docks which will improve vertical mixing within the basin. These characteristics should reduce accumulation of organic detritus and reduce BOD, and virtually eliminate potential stagnate stratification that could contribute to low oxygen levels. TIMEFRAME: Effective immediately upon completion of construction. MONITOR: Clean up will be monitored and reported to DEP on an annual basis. Collect debris on a daily basis during heavy periods of sea grass production in the area. Document approximate amounts of organic and recyclable materials removed and summarize results in the annual report to DEP. The purpose of - ~.._--". ~ Agenda Item No. 88 March 22, 2005 Page 138 of 235 CONDITIONAL USE PETITION NO. CU-2004-AR-6625 BEFORE THE COLLIER COUNTY PLANNING COMMISSION March 3, 2005 COMPREHENSIVE PLAN POLICY ANALYSIS Submitted by: William L. Hyde Fowler White Boggs Banker 101 North Monroe Street Suite 1090 Tallahassee, FL 32301 (850) 681-0411 (850) 681-6036 (fax) On Behalf of North Bay Civic Association Agenda Item No. 88 March 22, 2005 Page 139 of 235 -- I. SUMMARY OF ARGUMENT North Bay Civic Association, Inc. ("North Bay") urges the Collier County Planning Commission ("CCPC") to deny Conditional Use Petition CU-2004-AR-6625, by Eco Venture Wiggins Pass, Limited ('"Applicant') for a 230-room Destination Resort Hotel. The Applicant's proposal does not front on the Gulf of Mexico, nor does it include an on-site golf course and golf- related facilities. Thus, it does not fall within the definition of a Destination Resort Hotel set forth in section 1.08.02 of the Collier County Land Development Code ("LDC"), as adopted November 10, 2004 by Ordinance 2004-72. The petition must therefore be denied. II. FACTUAL BACKGROUND The Applicant seeks a Conditional Use for a Destination Resort Hotel in a Commercial (C-4) zoning district. Hotels are permitted in a C-4 zoning district, when that district is contained within an activity center. The subject site, however, is not located within an activity center. A Conditional Use approval must therefore be obtained. The Applicant is proposing a 230-room Destination Resort Hotel, with customary ancillary uses, including 10,000 square feet of restaurant space, 4,000 square feet of loungelbar area, 10,000 square feet of meeting and ballroom space, 17,000 square feet of retail shops and personal service uses such as a spa and salon, and 3.18 acre marina with a maximum of 47 wet slips and a ship's store. A Destination Resort Hotel designation, if approved, would permit the Applicant to utilize a higher floor area ratio ("FAR") 1 than a hotel. A Destination Resort Hotel is entitled to The LDC defines FAR as: A means of measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site (footnote cont'd) -- 1 . -......-.-.---- Agenda Item No. 88 March 22, 2005 Page 140 of 235 utilize an FAR of .80, rather than the .60 FAR utilized for conventional hotels. This difference in the allowable FAR is quite significant in this context, inasmuch as the Applicant is proposing a total of 363,875 square feet of floor space, just short of the 364,162 square foot maximum allowed under a .80 FAR for this site for Destination Resort Hotels. The amount of square footage the Applicant is proposing, however, is grossly in excess of what would be allowed by a .60 FAR for conventional hotels. The property clearly does not "front" on the Gulf of Mexico; rather, it is an extensively altered site on an estuary approximately 4,000 feet from the nearest waters of the Gulf of Mexico. Of equal importance, the application does not include a on-site golf course. These two facts render the proposal ineligible for Conditional Use approval as a Destination Resort Hotel. III. LEGAL ANALYSIS This Conditional Use proposal is governed by the express and unambiguous provisions of LDC section 1.08.02, which states: Destination Resort Hotel: A transient lodging facility (i.e. - less than six months occupancy) where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or man-made, including but not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-related facilities. (iii) health spa and/or fitness center, (iv) other recreational amenities and on-site services, including full dining services and cocktail lounge, entertainment rooms for video and movies, and concierge services. Exce{>t that. for Destination Resorts frontin2 on the Gulf of Mexico. an on..site 20lf course is not required. In all cases, a Destination Resort Hotel must include full dining services and a cocktail lounge, and not less than 25 percent of the gross floor area must be devoted to common usage and support service area, such as but not limited to fitness room, health spa, media room, meeting rooms, dining and lounge facilities and spaces in support of hotel functions. (emphasis supplied) and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross land area. .-----..- Agenda Item No. 8B March 22, 2005 Page 141 of 235 Thus, broken down into its constituent elements, this LDC definitional section mandates that each of the following be provided for or at a Destination Resort Hotel: 1. Direct access to the Gulf of Mexico 2. On-site golf course and golf-related facilities 3. Health spa and/or fitness center 4. Dining services, cocktail lounge, entertainment rooms for video and movies, concierge service, with not less than 25 percent of the hotel's gross floor area devoted to supporting such common usage services. In a further codicil, the definition states that a Destination Resort Hotel "fronting on the Gulf of Mexico" does not require an on-site golf-course. Thus it must still provide for a golf course, just not on-site. A Destination Resort Hotel not "fronting on the Gulf of Mexico" must provide an on-site golf course and golf-related facilities. Given the fact that the proposed hotel will be located approximately 4,000 feet inland from the Gulf of Mexico, it is problematic whether providing a passenger ferry service to a nearby state park more than one-half mile's distance on the Gulf of Mexico constitutes "direct access to the Gulf of Mexico" within the meaning of the definition. However, by no reasonable stretch of the imagination can it be argued that this proposed hotel will front on the Gulf of Mexico. No reasonable person would ever make that conclusion, and if the hotel were to make such a claim, it would correctly be accused offalse advertising. More importantly, section 1.03.01.B of the LDC states that its terms "shall have the meanings prescribed by the statutes of this state for the same terms." Section 161.051(l)(b)l., Florida Statutes, provides: When establishing coastal construction control lines as provided in this section, the defmition of "sand beach" shall be expanded to include coastal barrier island inlets contiguous to the sand beaches of the state frontinlZ on the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida. (emphasis supplied) - .------------- -...-- --~--- Agenda Item No. 88 March 22, 2005 Page 142 of 235 Similarly, section 161.052(1), Florida Statutes speaks to "any riparian coastal location fronting the Gulf of Mexico or Atlantic coast shoreline of the state, exclusive of bays. inlets. rivers. bayous. creeks. passes. and the like." (emphasis supplied) "Fronting on the Gulf of Mexico" thus means immediately facing and adjacent to the Gulf of Mexico. It does not mean and cannot mean a plot of land approximately 4,000 feet east of the Gulf of Mexico. To contend otherwise is to deny the obvious. Further, words of common usage such as "front" or "fronting" are usually construed in their plain and ordinary sense. Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000). That plain and ordinary meaning can be ascertained by reference to a dictionary. Id Webster's New CollelZÏate Dictionary, in defining the verb "front," provides: Face <the house - s toward the east - often used with on <a ten-acre plot -ing on a lake. In plain and everyday meaning, "front" or "fronting" suggests adjacency and proximity. A plot of land 4,000 feet inland from the nearest waters of the Gulf of Mexico is neither. Accordingly, since the proposed hotel does not "front" on the Gulf of Mexico, it must provide a on-site golf course and golf-related facilities. This application does not. It must therefore be rejected. Further, under the principle of statutory construction, "exressio unius est exclusio alterius," the mention of one thing implies the exclusion of another. YOUD2 v. Progressive Southeastern Ins. Co.. 753 So. 2d 80 (Fla. 2000). Thus, while a Destination Resort Hotel fronting on the Gulf of Mexico need not provide an on-site golf course, it does not follow that such a hotel is relieved of any obligation to provide an off-site golf course. This proposal, of course, provides Agenda Item No. 88 March 22, 2005 Page 143 of 235 neither an on-site nor an off-site golf course.2 Therefore, even if it could illogically be said that the project site "fronts" on the Gulf of Mexico, the petition must still be denied because of the absence of even an off-site golf course. It is astonishing that these seemingly clear requirements for a Destination Resort Hotel have been ignored or glossed over by the planning staff in its review of the project. The CCPC cannot do so. No matter how one looks at it, this proposal is simply not eligible for conditional use approval as a Destination Resort Hotel because it does not front on the Gulf of Mexico and because it does not provide an on-site golf course. It must therefore be denied. It should be noted that the lack of a golf course does not necessarily prevent a conditional use approval for a conventional hotel. This particular site is arguably eligible for conditional use approval as a conventional hotel, but only if it is substantially downsized to comply with a .60 FAR. 2 --.-.-.-----..- .. Agenda Item No. 88 March 22, 2005 Page 144 of 235 COCONILLA PUD PETITION NO. PUDZ-2004-AR-5967 BEFORE THE COLLIER COUNTY PLANNING COMMISSION March 3, 2005 COMPREHENSIVE PLAN POLICY ANALYSIS Submitted by: William L. Hyde Fowler White Boggs Banker 101 North Monroe Street Suite 1090 Tallahassee, FL 32301 (850) 681-0411 (850) 681-6036 (fax) On Behalf of North Bay Civic Association r Agenda Item No. 88 March 22, 2005 Page 145 of 235 I. SUMMARY OF ARGUMENT North Bay Civic Association, Inc. ("North Bay") urges the Collier County Planning Commission ("CCPC") to deny Planned Unit Development ("PUD'') Amendment No. PUDZ- 2004-AR-5967, "Coconilla." This application, a proposed density maximum of 95 residential dwelling units per acre on the eligible 10.02 acres (for a density of 9.48 units per acre), is facially inconsistent with Collier County's Growth Management Plan ("GMP"), in particular section l.C of the Future Land Use Element ("FLUE") and Policy 12.2.2 of the Conservation and Coastal Management Element ("CCME"). The project site is located in the Coastal High Hazard Area ("CHHA"), which by itself limits the maximum residential density on the site to 4 dwelling units per acre ("dulac"). Because it is located within the CHHA, it is not eligible for any density bonus under the Density Rating System for the conversion of its existing commercial (C-4) zoning; such bonuses are only available for Urban-designated properties located outside (landward) of the CHHA. Therefore, the maximum residential density for the project site is 4 dulac, and this PUD application/petition must be denied. II. FACTUAL BACKGROUND ApplicantlDeveloper Eco Venture Wiggins Pass, Ltd. ("Applicant") proposes a residential planned unit development ("PUD"), including 95 residential units in two 10-story buildings, not to exceed 120 feet (with required FEMA elevations and allowable roof appurtenances, the actual height will be 144 feet), 29 private wet slips within a marina basin (to be dredged), a ships store, and related accessory uses. The subject site is approximately 10.45 acres, of which .43 acres is submerged land. 1 Agenda Item No. 88 March 22, 2005 Page 146 of 235 The site is currently zoned C-4, appropriately befitting its long use as a dry slip marina facility. With C-4 zoning classification, the property has no current residential allocation whatsoever, as the staff report correctly notes: As the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal service and institutional uses but does not allow residential uses (dwelling units). [p.3] The applicant therefore has no plausible basis to claim any entitlement or vested right to any level of residential density. The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Collier County Future Land Use Map ("FLUM"). It is also located within the Traffic Congestion Area, and at least 85 percent of the site is located within the CHHA, i.e., that area lying within the Category 1 evacuation zone as defined by the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. [Arguably, the entire site is located within the CHHA, because FLUE Section I.C. still defines the CHHA as "essentially all lands seaward of US 41." Whether 85% or 100% of the site is within the CHHA does not materially affect this analysis, for under either scenario the proposal still grossly exceeds the allowable residential density.] III. LEGAL ANALYSIS CCME Policy 12.2.2 of the GMP expressly limits all "new residential development... to a maximum of four dwelling units per gross acre within the coastal high hazard area." It makes no exception for density bonuses, transfer of development rights or any other planning mechanism for increasing a site's allowable density, nor does the GMP provision regarding the Density 2 Agenda Item No. 8B March 22, 2005 Page 147 of 235 Rating System give any indication that it is intended to supersede or override or otherwise operate as an exception to the express limitations ofCCME Policy 12.2.2. The staff report, however, insists that the rezoning petition is eligible for the Conversion of Commercial Zoning density bonus of up to 16 du/ac for every acre of commercial zoning which is converted. The rather glaring incompatibility of this position with CCME Policy 12.2.2 is cavalierly explained away in the following passage: Policy 12.2.2 refers to density allowed in the CHHA by the FLUE, but does so inaccurately. The correction of this internal inconsistency between the FLUE and CCME needs to be the subject of a future GMP amendment, possibly as part of the EAR-based amendments in 2005 (EAR-Evaluation and Appraisal Report). (emphasis in original) [po 9] The real inconsistency, however, is not between the density bonuses in the FLUE and CCME Policy 12.2.2, but in the staff report's own internal logic. In almost the same breath as the above quoted passage, the staff report acknowledges that "converting that commercial zoning to residential development results in increased pronertv and nersons subject to the negative impacts of major storm event." (emphasis in original)[p. 9] Later in the report, the staff further concedes: The Coastal High Hazard Area is an area subject to flooding with a high potential for life and property loss. This brings into question the area's suitability for residential development at the requested density and the density allotted to the Pelican Isle Yacht Club to the south. (emphasis supplied)[p. 12] Yet, despite these explicit acknowledgements that the CHHA designation and its rationale for limiting residential development on this particular site are well-founded, the staff report ultimately ignores these determinative facts, asserts Policy 12.2.2 is "inaccurate" (whatever that means), and contends that density bonuses can and should still be given! Is this sound reasoning, or is it just an excuse to circumvent or ignore that which is inconvenient to a desired, if not preordained, result? ,.<- 3 .-.---- L Agenda Item No. 88 March 22, 2005 Page 148 of 235 Even beyond its own internal consistencies, the staffs interpretation, which essentially renders meaningless the provisions of Policy 12.2.2, is contrary to well-established rules of statutory construction which are equally applicable to local ordinances. All parts of an ordinance, and the GMP is an ordinance, § 163.3184(15)(a), Fla. Stat., must be read together to achieve a consistent whole; where possible, a reviewing body must give effect to all of the ordinance's provisions and construe related provisions in harmony with one another. Youn2 v. Pronessive Southeastern Ins. Co., 753 So. 2d 80 (Fla. 2000). Here, there is a way to do just that: The Density Rating System and its density bonuses generally apply, except in the CHHA. It's that simple! Such a construction gives each of them some force and meaning without rendering either provision completely meaningless. See In re A.W., 816 So. 2d 1261 (Fla. 2nd DCA 2002). It gives each a reasonable field of operation that will preserve the force and effect of each. See Greenhut Const. Co. v. Henry A. Knott, 247 So. 2d 517 (Fla. 15t DCA 1971). The staff's construction, on the other hand, renders the density limitations set forth in Policy 12.2.2 superfluous. For that reason alone it must be rejected. See Allen v. Tvrone Square 6 AMC Theaters, 731 So. 2d 699 (Fla. 15t DCA 1999). The staff may pretend that Policy 12.2.2 doesn't have any legal meaning, but the CCPC and the Board of County Commissioners cannot do so. A reviewing court certainly won't. I Any suggestion that the Department of Community Affairs ("DCA") has endorsed the applicant's and the staffs interpretation of these GMP provisions is preposterous. By letter dated January 14, 2005 (attached), Charles Gautier, DCA's Chief of Comprehensive Planning, advised the applicant's attorney: As we have discussed, it is the County's responsibility to interpret its comprehensive plan. An exception to that would be in the circumstances of a legal challenge. Any interpretation by the County (footnote cont'd) 4 Agenda Item No. 88 March 22, 2005 Page 149 of 235 Even if one concludes, as the staff does, that there is a conflict between the two provisions, another maxim of construction is that the specific provision controls over the general. McKendry v. State. 641 So.2d 45 (Fla. 1994). Section 12.2.2, a special provision governing residential densities in CHHAs, therefore is controlling over the general provisions of the FLUE's Density Rating System. If the planning staff, the CCPC, and/or the Board of County Commissioners don't like the limitations imposed by CCME Policy 12.2.2, the remedy is not to ignore them. Rather, the appropriate course of action is to amend the GMP in accordance with the provisions set forth in section 163.3187, Florida Statutes, including review and approval of the amendment by the Florida Department of Community Affairs. See Cp. Atty. Gen. 96-56, July 15, 1996. The staffs statement that this alleged "inconsistency" should be addressed in the 2005 EAR is an implicit, if not explicit, admission that this is what should be done. Until such time as that policy is amended, the limitations imposed by Policy 12.2.2 must be enforced. See § l63.3194(1)(a), Fla. Stat. (After a comprehensive plan, or element or portion thereof, has been adopted in confonnity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted.). In practical terms, this means that the property should take into account the overall goals, objectives and policies of the comprehensive plan. (emphasis supplied) This is merely an admonition by Mr. Gautier that Collier County do the job it is tasked to do by chapter 163, part II, Florida Statutes. 5 --~_.",----_..". _,._,.____..,".,,",.......J......,_,_..,,~_< Agenda Item No. 88 March 22, 2005 Page 150 of 235 can be rezoned to a residential use consistent with GMP, but the density of any such residential use must be limited to a maximum of 4 dulac.2 2 Technically speaking, the Traffic Congestion Area designation limits residential density a further 1 dulac, for a maximum of 3 dulac. North Bay, however, is willing to accept 4 dulac as a compromise. 6 ---~-_.._--,.- Agenda Item No. 88 March 22, 2005 Page 151 of 235 mason S From: Sent: To: Subject: RollinsCheri Friday, February 04,20058:12 AM mason s FW: wiggins Pass Marina Rezone _____Original Message----- From: Mpvondra@aol.com [mailto:MPvondra@aol.com) Sent: Thursday, February 03, 2005 5:49 PM To: NorthBayCivic@aol.com Cc: EnvironmentalServices Subject: RE: Wiggins Pass Marina Rezone As a citizen concerned with the Wiggins Pass Marina project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Michael Vondra 5934 Amberwood Drive Naples, FL 34110 .- 1 .-.-... to aBed Agenda Item No. 88 March 22, 2005 Page 152 of 235 Mr P Clow 4 I Windrush Drive Oadby Leicester LE2 4GJ 02/19/2005 Dear Michael Thank you for your letter for the public hearing being held to infonn us that an applicalion for Seacrest School, t~, havt a new extension which will be located 500 feet from our property in rosewood of falling waters We purchased this property last June through Naples Title; they did not make us aware that there will be new buildings built at the back of the condo. We did ask the question before signing The date on the letter is January 14,2005 and the date statnp on the tlnv~lopc is February 03, 2005 which is the same day of the public hearing? Look furward to hea.ríngtrom ASP Yours Sincerely f~ P~ter Claw Fax 011-44-116-2715794 WJ3 g969f~96fZ<- - --- SM01J 3Hl ~6lÇllZ9110 ~f:IZ ZO-fO-BI ,------.- I i I I I I BoslMichael Agend,p"-ø Nofœ3 Marcñ 22,2005 Page 153 of 235 From: SchmittJoseph Sent: Monday, February 14,20058:44 PM To: Tom Crowe Cc: BosiMichael Subject: RE: Wiggins Pass Marina - rezone -public hearing Mr. Crowe Thank you for your email. I forwarded your email to Mr. Mike Bosi, my Principal Planner assigned to this land use petition. He will be sure that it is read into the record. 1M Joseph K. Schmitt Administrator Community Development and Environmental Services Division 239-403-2385 "It's another great day to serve Collier County!" From: Tom Crowe [mailto:crowehrc@earthlink.net] Sent: Monday, February 14, 2005 6:35 PM To: SchmlttJoseph SUbject: Wiggins Pass Marina - rezone -public hearing Mr Schmitt We regret being unable to attend this important meeting on F eb 17th. We are most concerned by the line item in the "Coconilla" residential proposals offering financing to Collier County for erecting a boat landing dock on the east side of the main island of Barefoot Beach Preserve. We respectfully ask that you pass along our concerns to all the members of the Planning Commission. 1. Creating boat access through the Preserves mangroves is not possible without significant dredging of the shallow waters (as little as 1 to 2' deep at low tide) that are also a part of the Preserve's 342 acres. 2. Building a dock of sufficient size and strength to safely handle continuing use by groups of visitors will further disturb both the Preserve's backwaters specifically and the North Bay estuary generally 3. To get visitors from the dock up to the Counties bath house facilities and Friends Learning Center (main area for the public access to the gulf beach) requires a boardwalk at least 1000' long - further destroying mangroves and the natural environment of the Preserve These mangroves and backwaters (which comprise approx 80% of the Preserve) are the guts of the ecosystem that provides the food chain for the land and sea wildlife that inhabit the area. To upset this natural balance is to defeat the whole purpose and work of those formerly at both state an county levels 2/17/2005 ... ..--------.- --------- .. 17"'1 ____._ Agend<Pltø 2>lofæ3 Marcñ 22, 2005 Page 154 of 235 who had the vision to acquire and preserve these lands and waters in the first place -- TO KEEP THESE FEW ACRES OUT OF THE HANDS OF FURTHER HUMAN DEVELOPMENT. Finally, additional visitors arriving by water will further add to the crowds already exceeding the capacity limits laid out under the Preserve's Land Management Plan. The point to remember is that this is not just a County Park - it is a Preserve and should be kept as such - for the public to enjoy _ but without destroying the natural environment Please be kind enough to pass this messsage on to the Commission Thank You Tom Crowe Recent Past President, Public Relations Director and COWlty Liaison FRIENDS OF BAREFOOT BEACH PRESERVE 2/17/2005 Agenda Item No. 88 March 22, 2005 Page 155 of 235 January 31, 2005 Chairman Alfred F. Gal, Jr. Collier County Environmental Advisory Council 2800 North Horseshoe Drive #201 Naples, FL 34104 RE: Coconilla PUD (pUDZ-2004-AR-5967) Wiggins Pass Hotel and Spa (CU-2oo4-AR-6625) Dear Chairman Gal and Council Members: The Conservancy of Southwest Florida continues to have concerns about the proposed uses of the former Wiggins Pass Marina site, due to its proximity to an active bald eagle nest. Unfortunately, both of the development petitions, as proposed, plan to construct within the eagle Secondary Zone during nesting season. While we are not opposed to the development concept involved with either project and are not advocating for or against residential, hotel, or commercial, we are opposed to these petitions because of the likely impact on eagle nest CO-19. We believe that Collier County has the authority and the obligation under the Growth Management Plan to protect this nest even though the United States Fish and Wildlife Service (USFWS) seems willing to sacrifice it. If you recommend approval of either of these projects, we ask that you add the stipulation of no construction during the eagle nesting season. Within the growth plan's (GMP) Conservation and Coastal Management Element (CCME), Goal 7 states that the County shall protect and conserve its fisheries and wildlife. In order to achieve this goal, Objective 7.1 goes on to state that the County shall direct incompatible land uses away from listed species and their habitats. The way that this is done is described in Policy 7.1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-agricultural development, excluding single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: * * * Agenda Item No. 88 March 22, 2005 Page 156 of 235 (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away ITom listed species and their habitat. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. * * * (d) For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the USFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. Although the USFWS is willing to permit an incidental take of these eagles, paragraph 7.1.2(3) of the GMP does not take away the County's authority or obligation to protect the eagle nest by establishing protective zones and restricting certain activities during the nesting season. It would be inconsistent with the endangered species policies of the GMP for the County to fail to protect endangered species in Collier County, based on USFWS's assumption that the species as a whole in the United States would not suffer ITom their loss locally. The petitioner has submitted an Eagle Management Plan that details a number of precautions to be taken in order to minimize the potential disturbance to eagle nest CQ- 19, including hiring an Audubon-approved eagle monitor. Regardless of these precautions, the USFWS statement concludes: The applicant has agreed to implement a variety of measures to avoid potential disturbance to the eagles during the nesting season (see Description of the Proposed Action). However, given the construction of a 21-story tower during the nesting season, and increased sources and levels of disturbance in the vicinity of the nest tree, the impacts may be sufficiently adverse as to result in nest site abandonment or loss of or reduced productivity (loss of or reduced fledgling). * * * The bald eagles occupying the action area are likely to be adversely affected by the proposed action. The project may result in direct 'take' of the eagles through hann and harassment as a result of the noise and disturbance generated ITom site work, construction of homes and infrastructure, and the loss of buffering vegetation in both the primary and secondary protection zones of the nest tree. These effects could cause the eagles to abandon the nest prior to egg laying, abandon the nest while eggs Agenda Item No. 88 March 22,2005 Page 157 of 235 are in the nest which would result in embryo mortality, or abandon the nest when chicks are in the nest which would result in chick mortality. Based on the above statements, it is clear that the actions proposed, though no longer a 21-story tower, but two 10-story (up to 120 feet) towers or a hotel, will create a negative impact to the eagles of CO-19. The Conservancy believes that Collier County has both the authority and obligation to deny rezones and conditional uses based upon an applicant's failure to direct incompatible land uses away from listed species and their habitat. We ask that the petitions before you be denied, or approved only if construction is prohibited during the nesting season. If you have any questions, please contact Nicole Ryan, Environmental Policy Manager, at (239) 403-4220. Sincerely, Gary A. Davis, Director Environmental Policy Agend cPlijIÞ1 N@fas March 22, 2005 Page 158 of 235 mason_s From: RollinsCheri Sent: Monday, January 31,20053:38 PM To: mason_s Subject: FW: Wiggins Pass Marina Rezone -----Original Message----- From: JOns1093@aol.com [mailto:JOnsl093@aol.com] Sent: Monday, January 31,20053:26 PM To: NorthBayCivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass Marina Rezone This email is sent to you in order to voice my concern on the above subject. I cannot emphasize strongly enough that it is most imperative you approve the rezoning to residential. It just stands to reason that Wiggins Pass and the nearby waters would be better off zoned as residential. It is my hope that common sense will prevail and the Wiggins Pass Marina will be rezoned to residential. Most sincerely, Jack J. Onstead 1093 Egret's Walk Circle, #202 Naples, Florida 34108 1/31/2005 Agendà?RP1 NefáB March 22, 2005 Page 159 of 235 mason_s From: RollinsCheri Sent: Monday, January 31, 2005 3:37 PM To: mason_s Subject: FW: rezoning of Wiggins Pass -----Original Message----- From: Nliff@aol.com [mailto:Nliff@aol.com] Sent: Monday, January 31, 20053:30 PM To: NorthBayCivic@aol.com Cc: EnvironmentalServices Subject: rezoning of Wiggins Pass To whom it may concern: As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Judy Liff Pelican Isle Yacht Club 1/31/2005 -----._--- Agend~~ 1J0fBB Mardi 22, 2005 Page 160 of 235 maso"_s From: mason_s Sent: Monday, January 31, 2005 11: 11 AM To: Alfred F. Gal, Jr.; Erica Lynne; Irv Kraut; Judith M. Hushon; Ken Humiston; Lee Horn; Michael V. Sorrel; William W. Hughes Subject: FW: EAC meeting Feb. 2nd 2005 Good morning all Here is an email that came in to the County's website. It concerns the Cocohatchee petion you will here on Feb 2. See you Wednesday. Thank you, Susan Mason -----Original Message----- From: Susan & Roger Stiefel [mailto:rwstiefel@Comcast.net] Sent: Monday, January 31, 2005 10:27 AM To: EnvironmentalServices Subject: EAC meeting Feb. 2nd 2005 To the Board of the EAC, Collier County Florida: I ask that you deny the request for a rezone on the Wiggins Pass Marina Property Rezone. I also ask that you deny the Cocohatchee Bay PUD Bald Eagle management Plan Amendment. Who better to protect the eagles of the eagles of Collier County. Staff at Fish and Wildlife do not think that 4 hurricanes destroying or damaging approximately one third of the nests in the state is significant. I do. Each nest is more important that ever before. Construction within 35 feet of the nest is sure to drive the eagles away. Years ago these people told the board they did not intend to build during the nesting season. They should have to keep their word or there is no point in having the hearings in the first place. Thanks for your attention, Susan Stiefel 336 Oak Ave Naples 34108 1/31/2005 Agenda Item No. 88 March 22, 2005 Page 161 of 235 mason s - From: Sent: To: Subject: RollinsCheri Tuesday, February 01,20058:22 AM mason s FW: Wiggins Pass Rezoning _____Original Message----- From: Karen Waldrip (mailto:Karen.w@earthlink.netJ Sent: Tuesday, February 01, 2005 7:19 AM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: wiggins Pass Rezoning North Bay Civic Association, please support a residential project for Wiggins PasS. It will provide continuity to our residential area and a four star "Ritz Carlton" - virtually inaccessible to local residents - will not. And condos will result in the least traffic and congestion of all alternatives. PLEASE SUPPORT RESIDENTIAL!!! Karen Waldrip ,,- --_._""""',...., Agend<PagttJ Nofàs March 22, 2005 Page 162 of 235 maso"_s From: RollinsCheri Sent: Tuesday, February 01, 20058:22 AM To: mason_s Subject: FW: Wiggins pass marina project -----Original Message----- From: ben briskey [maitto:benbriskey@comcast.net] Sent: Tuesday, February 01, 2005 5:09 AM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: Wiggins pass marina project As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. I cUffently have 2 Hawks building a nest directly outside my unit at Pelican Isle and they pay no attention to people or cars or noise around the area. The only problem is they scream a lot and disturb us. Ben Briskey 425 Dockside Dr. 501 Naples FI 34110 2/1/2005 AgendcPYtof1 N@fås March 22, 2005 Page 163 of 235 mason_s From: RollinsCheri Sent: Tuesday, February 01,20058:23 AM To: mason_s Subject: FW: wiggins pass marina rezoning -----Original Message----- From: Jameshpendleton@aol,com [mailto:Jameshpendleton@aol.com] Sent: Tuesday, February 01, 2005 12:30 AM To: NorthBayCivic@aol.com Cc: EnvironmentalServices Subject: wiggins pass marina rezoning my wife and i have followed efforts to rezone the project referred to as coconilla for the past several months. it appears to us that the request which offers the best answer for property owners in the are is to convert to residential. when you look at the various issues presented, there is something in the residential for everyone. 1- the 2 10 story towers blend well with other property and that proposed by others 2- it offers a better solution for traffic compared to the hotel and other proposals 3- it offers more financial assistance to .the county. 4-it best meets environmental issues and actually cleans the are up better. 5- it provides more access to the water and the beach, plus better parking for public access and provides a basic store for services which would benefit others we would be willing to make a statement to the committee, but wanted to have these commentrs for the record. thank you. .-. 2/1/2005 Agendæ* NofäB March 22, 2005 Page 164 of 235 mason_s From: RolJinsCheri Sent: Tuesday, February 01, 2005 8:23 AM To: mason_s Subject: FW: Wiggins Pass Marina Rezone -----Original Message----- From: Dtcassens@aol.com [mailto:Dtcassens@aol.com] Sent: Monday, January 31, 2005 10:34 PM To: NorthBayCivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass Marina Rezone As residents of the area, for some years now, we both strongly support re-zoning to residential as opposed to a commercial hotel. Residential re-zoning will help safeguard both Wiggings Pass and the estuarial waters not only today but for years to come. We ask your approval of this re-zone. Robert & Dessa Cassens 435 Dockside Drive Naples. FL 34110 2/1 /2005 AgendëPap¡ lIofl18 March 22, 2005 Page 165 of 235 mason_s From: RoHinsCheri Sent: Tuesday, February 01,20058:23 AM To: mason_s Subject: FW: Wiggins Pass Marina Rezone -----Original Message----- From: CDells@aol.com [mailto:CDells@aol.com] Sent: Monday, January 31, 2005 9:55 PM To: NorthBayCivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass Marina Rezone As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentalfy friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Thank you in advance, Dr. & Mrs. Charles L. Goodell 2/1/2005 . __n___' __ Agend.p~ Nof åB March 22, 2005 Page 166 of 235 maso"_s From: RollinsCheri Sent: Tuesday, February 01,20058:23 AM To: mason_s Subject: FW: Wiggins Pass -----Original Message--m From: GEORGE RUBIN [mailto:grubln12@comcast.net] Sent: Monday, January 31, 2005 9:48 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. George Rubin 445 Dockside Dr. #801 Naples, FI 34110 2/1í2005 "";'''._'''Wo!flj¡I'"$"i4;¡¡''""¡¡;'''j""ii<~¡,"''''''',."¡"";.,,,,.,,, Agendæ~ NofàB March 22, 2005 Page 167 of 235 maso"_s From: RollinsCheri Sent: Monday, January 31,20054:03 PM To: mason_s Subject: FW: Copy of email tonorthbaycivic@aol.com -----Originat Message----- From: JDMCNamaraUK@aol,com [mailto:JDMCNamaraUK@aol.com] Sent: Monday, January 31,20053:58 PM To: EnvironmentalServices Subject: Copy of email tonorthbaycivic@aol.com As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. JDMcNamara 435 Dockside Drive#903, Naples. FL34110 2/1/2005 Agend¡~g~ N@f 8B March 22. 2005 Page 168 of 235 maso"_s From: RollinsCheri Sent: Monday. January 31. 20054:05 PM To: mason_s Subject: FW: (no subject) -----Original Message----- From: Fjkozlowski@aol.com [mailto:Fjkozlowskl@aol.com] Sent: Monday, January 31, 2005 3:50 PM To: NorthBayCivic@aol.com; EnvironmentalServices Subject: (no subject) As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential. I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Frank Kozlowski 26044 Fawnwood Ct. Bonita Springs, FL 34134 2/1/2005 Agendiqt:t¡NM äs March 22, 2005 Page 169 of 235 maso"_s From: RollinsCheri Sent: Monday, January 31,20054:05 PM To: mason_s Subject: FW: Wiggins Pass marina Project -----Original Message----- From: Dan Roosa (mailto:dan@waterconnectioninc,com] Sent: Monday, January 31,20053:47 PM To: north baycivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass marina Project I live in the North Bay area and am concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. The residential zoning, as proposed, is more environmentally friendly to the health of the surrounding estuary. Dan Roosa 255 Barefoot Beach Blvd. #204 Bonita Springs, FL 34134 PS We do not want commercial in this residential neighborhood 2/1/2005 Agenda Item No. 88 March 22, 2005 Page 170 of 235 mason s - From: Sent: To: mason s Monday, January 31,20052:25 PM Alfred F. Gal, Jr.; Erica Lynne; Irv Kraut; Judith M. Hushon; Ken Humiston; Lee Horn; Michael V. Sorrel; William W. Hughes FW: Wiggins Pass Marina Rezone Subject: Good afternoon. More emails are coming. I will forward them to youas I receive them. Thanks, Susan -----Original Message----- From: RollinsCheri Sent: Monday, January 31, 2005 2:18 PM To: mason_s Subject: FW: Wiggins Pass Marina Rezone here's another one. -----Original Message----- From: Peter Franck [mailto:PeterFranck@comcast.net] Sent: Monday, January 31, 2005 2:07 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass Marina Rezone As a member of North Bay Civic Association and as citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask you to support the rezoning to residential. Residential zoning. as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of wiggins Pass and the estuarial waters. Peter Franck 425 Dockside Drive Naples, FL 34110 Agenda Item No. 8B March 22, 2005 Page 171 of 235 mason S Subject: mason s Monday. January 31 , 20052:26 PM Alfred F. Gal. Jr.; Erica Lynne; Irv Kraut; Judith M. Hushon; Ken Humiston; Lee Horn; Michael V. Sorrel; William W. Hughes FW: Wiggins Pass From: Sent: To: -----Original Message----- From: Peter Holmes [mailto:peter.holmes@att.net] Sent: Monday, January 31, 2005 2:24 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass I strongly support the Wiggins PAss Marina project proposal for re-zoning from commercial to residential. This proposal is much more environment sensitive and will be far better for the long term welfare of the Pass and surrounding waters. Yours sincerely Peter Holmes 27381 Hidden River Ct Bonita Springs 34134 Agend.r_ NQfàB March 22, 2005 Page 172 of 235 mason_s From: RollinsCheri Sent: Monday, January 31,20053:38 PM To: mason_s Subject: FW: Wiggins Pass Re-Zoning -----Original Message----- From: Joanie Monica Schultz [mailto:jmschultz1@prodigy.net] Sent: Monday, January 31, 2005 3:21 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass Re-Zoning January 31, 2005 North Bay Civic Association Dear Madam or Sir: To quote the 200~_AfJnual N@1f¿~ºnJl]e Gulf: "Each subtle season is more beautiful than the last, and nature makes its powerful presence known everywhere. Today our marvelous environment is something Neapolitans love, cherish and work to protect. " As a Florida resident, I am ve/y concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential use. I strongly urge you to approve the rezoning to residential. Residential zoning is specifically environmentally friendly to the health and welfare of Wiggins Pass and the estuarial waters. We need your assistance in having a long-term, broader vision in maintaining the beauty and eco health of Naples' natural treasures. It's time to "walk the talk", There are enough commercial entities going up all over the . city. Residential zoning near Wiggins Pass will absolutely have a far more positive impact in a multitude of ways. Thank you. Sincerely, Joan Monica Schultz 13105 Vanderbilt Drive #310 Naples, FL 34110 1/31/2005 Agend~ N@fàB March 22, 2005 Page 173 of 235 ,- RolllnsCherl From: Sally Elkins [elks445@comcast.net] Sent: Tuesday, February 01, 2005 2:30 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: rezoning We urge the North Bay Civic Association to support the rezoning of the Wiggins Pass Marina for residential use. This will greatly benefit the environment of the surrounding area. A commercial use will not. Sally and Gene Elkins SCI LLtJ 2/1/2005 Agend¡~ Nøf 00 March 22, 2005 Page 174 of 235 Rolli nsCheri From: wspoon [wspoon@bellsouth.net) Sent: Tuesday, February 01, 2005 2:10 PM To: northbaycivic@ aol.com Cc: EnvironmentalServices Subject: 2/2/05 meeting Though I will be unable to attend the meeting on 2/2/05 I urge your approval of the rezoning to residential to allow for the Wiggins Pass Marina Project. Residential zoning will allow for a better environment for the future health of Wiggins Pass and the surrounding estuarial waters. Sincerely, Martha Witherspoon 2/1/2005 ,",·""_'O¡lIIkl¡';,",~'"",':"wl","""ij¡"",,,,,,,",,, AgendBg.lt-Rf. ~B March 22, 2005 Page 175 of 235 mason_s From: RollinsCheri Sent: Tuesday. February 01,200512:25 PM To: mason_s Subject: FW: Wiggins Pass Marina Project proposal for rezoning -----Original Message----- From: Gary Mullennix (mailto:gsmullennixl@earthlink.net] Sent: Tuesday, February 01,2005 11:52 AM To: northbaycivic@aol.com Cc: Environmenta1Services Subject: Wiggins Pass Marina Project proposal for rezoning Dear North Bay Association: I am hopeful you will support the request in rezoning from commercial to residential. The reasons seem clear to me. Residences would make much less of a negative environmental impact on the area. The occupants would most likely not be in residence more than a total of 20% of the year. Few would be there in the summer months, generally no more than Y:z during the winter seasonal months. Little use of the roads and waterways could be expected. There would be a significant amount of new real estate taxes generated by folks who will not use the services the money buys. Commercial sites should be placed in areas easy for users to get to them. US 41 is an ideal place with all the needed infrastructure. The coast and waterways should be left to residents who will not cause nearly the level of damage commercial will. Gary Mullennix 425 Dockside Dr. Naples. FL 34110 2/1/2005 Important Meeting Notice from PIYC Agend<PägeJ )\Jofas March 22. 2005 Page 176 of 235 maso"_s From: RollinsCheri Sent: Monday, January 31,20054:17 PM To: mason_s Subject: FW: Important Meeting Notice from PIYC Importance: High -----Original Message----- From: Cannarsa, Sharon [mailto:Sharon.Cannarsa@systrand.com] Sent: Monday, January 31,20054:15 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: FW: Important Meeting Notice from PIYC Importance: High As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. As a resident of Pelican Isle I strongly feel that a residential zoning designation is an important part of the development of the area. This re-zoning will be important to all residents of the surrounding area. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Sincerely, Tony & Sharon Cannarsa 425 Dockside Dr. #PH-04 Naples. FL 34110-3656 Home: (239) 594-0067 Cell: (734) 626-0007 21112005 '··'"''''''_Þ<!;'""IIU'M_""""~:'¡'".""",""",u.;¡,,,...,";";.~,,,..,,,".,",,·;,....,., Agend¡¡P~ge1 NofaB Marcfi 22,2005 Page 177 of 235 maso"_s From: RollinsCheri Sent: Tuesday, February 01,20059:59 AM To: mason_s Subject: FW: Wiggins Pass ----Original Message---n From: lonbeach@comcast.net [mailto: lonbeach@comcast.net] Sent: Tuesday, February 01, 2005 9:41 AM To: EnvironmentalServices Cc: nothbaycivic@aol.com Subject: Wiggins Pass I am concerned about the NorthBay Civic Association not representing the majority of their members concerns about the rezoning of the Wiggins Pass property. I do not want that property rezoned to commerical in our residential area. Commerical would be much more detrimental to the environment by putting more traffic on the roads and waterways. I cannot believe that the majority of voters in this area would be in favor of a commercial endeavor. The issue is commercial vs. residential and the overwhelming negative impact of commerical in this sensitive aea is obvious. Please do not support commercialization of our back bay areas and our residential community. Thank you. Linda Roosa 255 Barefoot Beach Blvd. Collier County. Bonita Springs. 2/1/2005 _._------- ~------ ---··~l Agenda Item No. 88 March 22, 2005 Page 178 of 235 mason s - From: Sent: To: Subject: RollinsCheri Tuesday, February 01,20058:50 AM mason_s FW: Wiggins Pass Marina Project I Rezoning to residential -----Original Message----- From: nestler@magnet.ch [mailto:nestler@rnagnet.ch] Sent: Tuesday, February 01, 2005 8:37 AM To: northbaycivic@aol.com Cc: EnvironrnentalServices Subject: Wiggins Pass Marina Project / Rezoning to residential Living close to the marina, we kindly ask you to approve rezoning from commercial to residential, as proposed. To us it is obvious that this rezoning would result in better environmental protection of the Wiggins Pass area, than a commercial solution. Margit & Dr. Volker Nestler 445 Dockside Drive # 303 Naples, FL 34110 1 .----..- .----..- ~. -.-----. ---- . --- Agend~ Nofll3 March 22, 2005 Page 179 of 235 maso"_s From: RollinsCheri Sent: Tuesday, February 01, 20058:50 AM To: mason_s Subject: FW: Wiggins Pass Rezone -----Original Message---- From: JBNAPLESWI@aol.com [mailto:JBNAPLESWI@aol.com] Sent: Tuesday, February 01,20058:48 AM To: NorthBayCivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass Rezone Dear Board members, As an ownerlresident of the Anchorage Condominium on Vanderbilt Dr" I am vitally interested in the health of the Wiggins Pass Estuary and surrounding land. I feel very strongly that the residential option is definetly more environmentally friendly to the welfare of this area. I ask you to put our organization North Bay Civic Assoc. on record as strongly favoring the residential proposal over the commercial/resort hotel plan. Yours truly, Bill Pittman .- 2/112005 ,; ----..-. __ __n__ _____ - '__~'_'"~H_"'·__ Agend<PIigeJ NoniS March 22, 2005 Page 180 of 235 mason_s From: RollinsCheri Sent: Tuesday, February 01, 2005 8:25 AM To: mason_s Subject: FW: -----Original Message----- From: delmont.davis@att.net [mailto:delmont.davis@att.net) Sent: Monday, January 31, 2005 5:30 PM To: northbaycivic@aol.com Cc: EnvironmentalServices SUbject: Gentlemen: Regarding the Wiggans Pass Marina Project, I am a concerned citizen with vested interest in the area, and I urgently request that you approve re-zoning from commercial to residential. Such re-zoning would definately be more desireable from my point of view, and should provide a much inproved environmental situation for both Wiggans Pass and its estuaries. Regards, Del Davis 2/1/2005 _________n _~_~__.. Agend¡J>alth t-JofåB March 22, 2005 Page 181 of 235 maso"_s From: RollinsCheri Sent: Tuesday, February 01, 2005 8:24 AM To: mason_s Subject: FW: rezone of Wiggins Pass Marina -----Original Message----- From: pworthington [mailto:pworthington7@comcast.net] Sent: Monday, January 31, 2005 9:33 PM To: northbaycivic@aol,com Subject: rezone of Wiggins Pass Marina As a resident of Vanderbilt Beach Estates I strongly urge you to support the re-zone of Wiggins Pass Marina from commercial to residential. The residential re-zone would benefit this area far more than any commercial development. This is vitally important to our area and r urge you to do the right thing and vote for approval of this petition. Joe Sidoti 2/1/2005 -~--_..,-"-- mason s Agenda Item No. 8B March 22, 2005 Page 182 of 235 From: Sent: To: Subject: RollinsCheri Tuesday, February 01 r 20058:24 AM mason_s FW: Public hearing regarding the Wiggins Pass Marina Rezone -----Original Message----- From: irrni@morpheuz.com [mailto:irmi@morpheuz.com] Sent: Monday, January 31, 2005 9:20 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: Public hearing regarding the Wiggins Pass Marina Rezone As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Irmtraud and Juergen Plicht 437 Chartwell pl (Corn. Eden on the Bay) Naples, FL 34110-7040 1 Agendæap¡ }..JofåB March 22, 2005 Page 183 of 235 ",- mason_s From: RollinsCheri Sent: Tuesday, February 01,20058:24 AM To: mason_s Subject: FW: Wiggins Pass Marina Rezone -----Original Message----- From: Sylvia Neal [mailto:sylvlaneal@comcast.net] Sent: Monday, January 31, 2005 9:02 PM To: northbayclvic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass Marina Rezone As a neighbor and full-time resident concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly request your approval of rezoning to RESIDENTIAL. Residential zoning, as proposed, is preferable as a neighbor and is more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the surrounding estuarial waters. Thank you for considering our request. Sylvia and Don Neal 425 Dockside Drive #405 Naples, FL 34110 - 2/1/2005 ~._- _.__._-~.__. Agenda Item No. 8B March 22, 2005 Page 184 of 235 mason s - From: Sent: To: Subject: RollinsCheri Tuesday, February 01. 2005 8:24 AM mason_s FW: Wiggins Pass -----Original Message----- From: lesley brookman [mailto:clesleyvonkbrookman@hotrnail.com] Sent: Monday, January 31, 2005 8:36 PM To: northbaycivic@aol.com Cc: EnvironmentalServices Subject: Wiggins Pass I am ubable to attend the meeting on 2nd February as I am out of State, however, as a citizen concerned with the Wiggins Pass Masrina Project proposal for re-zoning from commercial to residential, I strongly ask your approval to residentail. Residential zoning, as proposed. is distinctly more environmentally friendly to the sort and long-term health and welfare of Wiggins Pass and the estuarial waters. Regards Lesley Brookman 435 Dockside Drive, No. 601 Naples FL 34110. ----- -- ---.-. ---....-- ----. .--. .-...---.- --- .,;.;~,.~~",",,,,,,";¡;_;;,;,",,,,,",,,,,o;.,,,,,,,;;,,,,,,,..,,..,, Agend~~Ð1 N§f ~B Marcfi 22, 2005 Page 185 of 235 .-, Subj: Concerned citizen pate: 1/31/200511:02:32 AM Eastern Standard Time :From: roger@whitehouseofmusic.com ¡To: northbayciviC@aol.com ße.nt from the Internet (De.tailsJ . .. .... .. . . Wiggins Pass Marina & the Cocohatchee Bay PUD As a resident of North Naples, I wish to state that I oppose the project for both the environmental and congestion problems that this project will create on our area. Roger White 1914 Countess Ct. Naples, FL 34110 Wednesday, February 02, 2005 America Online: NorthBayCivic ....-..--.- ._--~----_._- Agend~UB8111\\sf ~B Marë~ 22, 2005 Page 186 of 235 Subj: Re: North Bay Civic - Important Meeting Notice Date: 1/31/2005 11 :19:24 AM Eastern Standard Time From: budkimbrough@att.net To: NorthBayCivic@aol.com Sent from the Internet (Details) . I oppose any condominium developement at the old Wiggins Pass marina site. I think Collier County should expand the Coohatche public boat ramp parking there, and make more public docking available to the public. This is one of the last chances to make more water and beach access for the public. Pat G. Kimbrough 455 Cove Tower Dr. 1404, Naples, FI 34110 --------- Original message from NorthBayCivic@aol.com: --------- Important Meeting Notice To All North Bay Residents *First Public Hearings* regarding both the Wiggins Pass Marina Rezone & The Cocohatchee Bay PUD Wednesday, February 02, 2005 America Online: NorthBayCivic -----.>..---... --~--.. .--..- ~_. AgendPå~ JB Marèf1-22,-Z005 Page 187 of 235 ,- (Signature) Bald Eagle Management Plan Amendment ." Collier County Environmental Advisory Council Date: Wednesday, February 2nd Time: 9:00 AM Location: Coller County Government Center Administration Building (Building F) Corner of Airport Road & 41 3rd Floor - Commission Chamber We ~ all North Bay Residents to attend this Important Neighborhood Rezone Meeting regarding both the - Wiggins Pass Marina & Wednesday, February 02, 2005 America Online: NorthBayCivic . _ n·_~___ __..__ Agend¡pjtt!ff13.1m 8B Marcñ 22,2005 Page 188 of 235 the Cocohatchee Bay PUD. The North Bay needs Your Help. Please Join us and Let Your Voice be Heard. Please Forward this Email Meeting Notice so that Others can attend. Mark your calendar and attend this Very Important Meeting. If you are unable to make it to this meeting you may email your concerns to: northbaycivic@aol.com We will take these emails to the meeting and make sure they are entered into the record Thank You North Bay Civic - Board of Directors Wednesday, February 02, 2005 America Online: NorthBayCivic '·"¡¡¡¡"""Ii~iI¡OlI!¡¡¡>lliiillii4;,;¡¡.IWWi~";O,d""~;:,,",""''"'"""'.;¡.,,,..·,,'''''''........, ~. -" -- Agenda"Aage t.J(i)f8ì3 March 22, 2005 Page 189 of 235 :Subj: Re: North Bay Civic· Important Meeting Notice Date: 1/31/200512:42:00 PM Eastern Standard Time ¡From: crowehrc@earthlink.net :To: NorthBayCivic@aol.com ; Sent fro".' ttJe Ift€!'.fet([)e.tailsJq . Doug Can't attend on Feb 2 but you have our concems from my recent emall re: the town hall mtg on Feb 9 Also pis respond to that email when you have a moment regards Tom FBBP ---- Original Message ---- From: NorthBayCivic@aol.com To: arosoff2@comcast.net; andy.hill@53.com ; isehlin@msn.com ; BJpalm47@earthlink.net ; BVonier3@comcast.net; chucksr4@comcast.net; CMG7079@aol.com; CONCOL1@aol.com; Edmoe50@aol.com; Fcfriday@aol.com; Gseblatnigg@aol.com; OehlersH@aol.com; therightperson@msn.com ; JBARTON@aol.com ; JimJonPat@aol.com ; JConn83872@aol.com ; beachwalk@naples.net; memberservices@pelicanbay.org ; Isew4u@usa.com; Sourbeer4320@cs.com; marvarlyce@hotmail.com ; mnhargie@comcast.net ; butlershawn@earthlink.net ; crowehrc@earthlink.net ; BiIIT709@aol.com ; trrausch@msn.com ; Jdooseusa@cs.com ; nfn21558@naptes.net ; WSmith2656@aol.com Sent: Sunday, January 30, 2005 1 :49 PM Subject: North Bay Civic - Important Meeting Notice Imgortant Meeting Notice To All North Bay Residents *First Public Hearings* regarding both the Wiggins Pass Marina Rezone & The Cocohatchee Bay PUD Wednesday, February 02, 2005 America Online: NorthBayCivic Agend<p~iWJj\JRf8.B MarcR'22', LOö5 Page 190 of 235 (Signature) Bald Eagle Management Plan Amendment Collier County Environmental Advisory Council Date: Wednesday, February 2nd Time: 9:00 AM Location: Coller County Government Center Administration Building (Building F) Corner of Airport Road & 41 3rd Floor - Commission Chamber We ~ all North Bay Residents to attend this Important Neighborhood Rezone Meeting regarding both the Wiggins Pass Marina & Wednesday, February 02, 2005 America Online: NorthBayCivic Agend~ ~êfig3 Mãrë1í'22,2005 Page 191 of 235 - the Cocohatchee Bay PUD. The North Bay needs Your Help. Please Join us and Let Your Voice be Heard. Please Forward this Email Meeting Notice so that Others can attend. Mark your calendar and attend this Very Important Meeting. If you are unable to make it to this meeting you may email your concerns to: north baycivic@aol.com We will take these emails to the meeting and make sure they are entered into the record Thank You' North Bay Civic - Board of Directors Wednesday, February 02, 2005 America Online: NorthBayCivic ,~-...............-,~...... : aJbj: Wiggins Pass :Date: 1/31120052:03:06 PM Eastem Standard Time From: peter.holmes@att.net jTo: northbavcivic@aol.com :CC: environmentalservices@collien::Jov.net :Sent from the Internet (Details) I strongly support the Wiggins PAss Marina project proposal for re-zoning from commercial to residential. This proposal is much more environment sensitive and will be far betterfor the long term welfare of the Pass and surrounding waters. Yours sincerely Peter Holmes 27381 Hidden River Ct Bonita Springs 34134 Wednesday, February 02,2005 America Online: NorthBayCivic - --------- Agendcpm t-I~f813 MarClT'22,2005 Page 192 of 235 : &Jbj: Wiggins Pass Marina Rez.one :Cate: 1/31120052:07:21 PM Eastern Standard Time ¡From: PeterFranck@comcast.net :To: northbavcivic@aol.com ¡CC: environmentalservices@collieraov.net [Sent from the Internet([)etailsJ .. . As a member of North Bay Civic Association and as citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask you to support the rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Peter Franck 425 Dockside Drive Naples, FL 34110 Wednesday, February 02, 2005 America Online: NorthBayCivic _,._.___n___~_ .__n --~- -- - --- ,.- -- -- - Agend~ No.ffl3 Marcñ22,2005 Page 193 of 235 ~ 9.Jbj: Wiggins Bay Rezone Meeting Feb. 2, 2005 'Date: 1/31/20052:32:11 PM Eastern Standard Time From: tahem@ifahern.com To: northbavcivic@aol.com 'CC: JRSchoemer@Comcast.net Sent from the Internet (Details) Dear Sir I Madam. As a resident of Nevis at Cove Towers, I am writing to express my opposition to the proposed rezoning of the Wiggins Pass Marina site. I feel that our community needs more access to our waterways, not less. One of the great benefits of our North Bay neighborhood is direct access to the Gulf and intercoastal waterways. A Marina and public boat launch area are important. In fact, I can't imagine why we would not want to preserve these recreational outlets in an area such as Wiggins Pass. I have nothing against responsible development within our community but it makes no sense to me that we would eliminate or restrict access to Wiggins Pass. It is a natural asset that should be enjoyed by all and I strongly favor a commercial marina and first rate public boat launch facilities. Sincerely, Tripp Ahem Wednesday, February 02,2005 America Online: NorthBayCivic Agend~ NQf!:tB Marcñ22,2005 Page 194 of 235 Agend~ Nofæ March 22, 2005 Page 195 of 235 :Subj: Wiggins Pass Re-Zoning ~Date: 1/31/20053:20:46 PM Eastern Standard Time ¡From: imschuItz1@prodigy.net iTo: northbaycivic@aol.com iCC: environmentalservices@collierlJov.net Sent from the Intemet(Details.J January 31, 2005 North Bay Civic Association Dear Madam or Sir: To quote the 2005 Annual Naples on the Gulf: "Each subtte season is more beautiful than the last, and nature makes its powerful presence known everywhere. Today our marvelous environment is something Neapolitans love, cherish and work to protect. " As a Florida resident, I am very concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential use. I strongly urge you to approve the rezoning to residential. Residential zoning is specifically environmentally friendly to the health and welfare of Wiggins Pass and the estuarial waters. We need your assistance in having a long-term, broader vision in maintaining the beauty and eco hea"h of Naples' natural treasures. It's time to "walk the talk". There are enough commercial enNties going up all over the city. Residential zoning near Wiggins Pass will absolutely have a far more positive impact in a mu"ítude of ways. Thank you. Sincerely, Joan Monica Schultz 13105 Vanderbilt Drive #310 Naples, FL 34110 ,....-.. Wednesday, February 02, 2005 America Online: NorthBayCivic <,,"-.. "'" ·rÞ Agend¡Pli~ NgfEIS Marcñ 22, 2005 Page 196 of 235 Subj: Wiggins Pass Marina Rezone Date: 1/31120053:26:18 PM Eastern Standard Time From: JOns1093 To: NorthBayCivic .CC: environmentalservices@collierQo"..net This email is sent to you in order to voice my concern on the above subject. I cannot emphasize strongly enough that it is most imperative you approve the rezoning to residential. It just stands to reason that Wiggins Pass and the nearby waters would be better off zoned as residential. It is my hope that common sense will prevail and the Wiggins Pass Marina will be rezoned to residential. Most sincerely, Jack J. Onstead 1093 Egret's Walk Circle, #202 Naples, Florida 34108 Wednesday, February 02, 2005 America Online: NorthBayCivic _. :Subj: Date: From: To: CC: AgendcP\i.w1 Nofa.B Marcn22,2005 Page 197 of 235 rezoning of Wiggins Pass 1/31120053:30:12 PM Eastern Standard Time Nliff NorthB ayCivic environrne':1talservi(;~@c.olli~rQov.n.~t... . To whom it may concern: As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Judy Liff Pelican Isle Yacht Club Wednesday, February 02, 2005 America Online: NorthBayCivic "UJI '''''_'~'~''''.''' . J~.., Agend~ Non~B Marcñ 22, 2005 Page 198 of 235 ;Subj: Wiggans Pass Marina Date: 1/31/20055:22:56 PM Eastern Standard Time ;From: susan.burton@comcast.net To: northbaycivic@aol.com :Sent from the Internet (Details) My husband, Will, and I would like to express our concerns about the rezoning of the Wiggans Pass property. There seems to be a severe shortage of marina space in Collier County. Rather than more high-rise buildings, increased traffic, etc. we would like to see the County develop the property to meet the needs of the boating community. Boat ramp(s), parking for cars and trailers, possibly more wet slips. We realize this is not what the developer wants to do. However - we fear we will sink under the weight of all the high-rise buildings along the coast. The County· should do everything it can to preserve the remaining coastal areas. Susan and Will Burton 455 Cove Towers Dr. #902 Naples, FL 34110 (239) 514-1811 Wednesday, February 02, 2005 America Online: NorthBayCivic -~-- Agend~ Nofas March 22, 2005 Page 199 of 235 ¡Subj: 'Date: 1/31120055:30:42 PM Eastern Standard Time ¡From: delmont.davis@att.net ¡To: northbavcivic@aol.com 'CC: environmentalservices@colliemov.net :Sent from the Internet (C!etaíls}d Gentlemen: Regarding the Wiggans Pass Marina Project, I am a concerned citizen with vested interest in the area, and I urgently request that you approve re-zoning from commercial to residential. Such re-zoning would definately be more desireable from my point of view, and should provide a much ¡nproved environmental situation for both Wiggans Pass and its estuaries. Regards. Del Davis -, Wednesday, February 02, 2005 America Online: NorthBayCivic __ __._ ._~~_u__ Agendæ. NofàB March 22, 2005 Page 200 of 235 :Subj: North Bay Civic Meeting pate: 1/31/20058:02:49 PM Eastern Standard Time 'From: civieira@comcast.net To: northbavcivic@aol.com :Sent from the Internet (Details) I will not be able to attend the meeting, but I would like to voice my opinion .... DO NOT allow the bald eagle's nest(s) to be disturbed. Cathy Vieira Imperial Golf Estates resident Wednesday, February 02, 2005 America Online: NorthBayCivic \ 9.Jbj: Public hearing regarding the Wiggins Pass Marina Rezone ~Date: 1/31/20059:20:57 PM Eastern Standard Time ¡From: irmi@morpheuz.com ¡To: northbaycivic@ao1.com :CC: environmentalservices~colliergov .net ¡Sent from the Internet (C?f}tail~)H . As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed I is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Irmtraud and Juergen Plicht 437 Chartwell PI (Com. Eden on the Bay) Naples, FL 34110-7040 Wednesday, February 02, 2005 America Online: NortbBayCivic Agenda~ !1!I(Q)f8B March 22, 2005 Page 201 of 235 Agend;Pä~ Nof8B Marcfí 22, 2005 Page 202 of 235 :Subj: Wiggins Pass Residential Rezoning Date: 1/31120059:31 :31 PM Eastern Standard Time :From: EmoryW@earthlink.net ,To: northbaycivic@aol.com : CC: environmentalservices@collierQov .net :Sent from the Internet (Details) North Bay Civic Association: Please strongly support the rezoning to residential for the now-revised Wiggins Pass condo project. This is an opportunity to finally secure consistent and upscale residential development all along Vanderbilt Drive. It is also a far more beneficial and logical approach to the environment and contiguous estuary and provides for a higher level of environmental clean up of the old marina. Keep the commercial development for seasonal transients with the hotels and motels, conventions, retail shops, restaurants, and related traffic and congestion on Route 41 and Bonita Beach Road where it belongs. And we do not need another high-end four-star hotel in our community just up the street from the Ritz Carlton, which is not used by the local residents anyway. And the additional $2 million that will be provided for Barefoot Beach and additional Wiggins Pass parking is needed for and highly beneficial to the community. A beautiful 1 O-story condominium development will also enhance all of our property values; another close by commercial hotel development will not. The residential proposal clearly has far more benefits to the community. EWLOrY Wcdd¥Cþ Wednesday, February 02, 2005 America Online: NorthBayCivic I Agend~ t-Iafi:tB Marcn22, 2005 Page 203 of 235 - ,... ., .. ... .".. ¡Subj: rezone of Wiggins Pass Marina ¡Date: 1/31/20059:33:21 PM Eastern Standard Time From: pworthington7@comcast.net To: northbaycivic@aol.com Sent from the Internet (Details) As a resident of Vanderbilt Beach Estates I strongly urge you to support the re-zone of Wiggins Pass Marina from commercial to residential. The residential re-zone would benefit this area far more than any commercial development. This is vitally important to our area and I urge you to do the right thing and vote for approval of this petition. Joe Sidoti Wednesday, February 02, 2005 America Online: NorthBayCivk ~...~"""'--~..-- Agend~ t-IGff:tB M arclí' 22 , 2005 Page 204 of 235 Subj: Date: From: To: . . .......... ...--...... .-..........-. .......... ............'........ Wiggins Pass rezoning 1/31/200512:44:57 PM Eastern Standard Time MRBOOTS54 NorthBavc;;vic .................. We live in Imperial Golf Estates and oppose any change which would allow forthe proposed development. Unfortunately, we will be unable to attend the meeting on this Wednesday moming. If we can add our names to a petition please let us know. Hopefully, our elected officials will abide by the wishes of those who elected them. Chip and Ellie Pagan. 1944 Imperial Golf Course Blvd. Naples, FL 34110 Wednesday, February 02, 2005 America Online: NorthBayCivic Agend~ NofaB Marcñ 22, 2005 Page 205 of 235 :Subj: ¡Date: ;From: ¡To: Feb. 2 meeting 1/31/20051 :57:43 PM Eastern Standard Time Jikriw ........ t>J().rt.~.Ei.é1yÇiXi~..................................... ............ ............... .................... ......."..,..,....................-....'.....'" .................................................. TO WHOM IT MAY CONCERN: As residents of Imperial Golf Estates, we stand firmly behind the North Bay residents in their efforts--and ours-to stop any changes at Wiggins Pass Marina and against Cocohatchee PUD. Judith Wind Christiansen & Emil Christiansen Wednesday, February 02, 2005 America Online: NorthBayCivic --.---..-'. Agend~ Nofæ March 22, 2005 Page 206 of 235 iSubj: ¡Date: From: To: CC: Wiggins Pass Marina Rezone 1/31/20053:44:04 PM Eastern Standard Time Dickborel NorthBavCivic Dickborel Unfortunately I will be out of town on Feb 2 in the morning but I did want to express my deep concem about allowing the Wiggins Pass Marina area become condos....1 feel that the County should buy it and expand the existing park...on Saturday and Sundays the boat trailers that can not be accomodated in the parking lot park along Vanderbilt road creating a potential traffic hazzard. Also, access to the water is becoming less and less so, the County should take this opportunity to protect that access for the future. Respectfully submitted, Richard W. Borel 455 Cove Tower Drive Naples, FL 239-514-8213 Wednesday, February 02, 2005 America Online: NorthBayCivic Agend~ NomS March 22, 2005 Page 207 of 235 - :Subj: Wiggins Pass marina Project Date: 1/31/20053:48:56 PM Eastern Standard Time ~From: dan@waterconnectioninc.com :To: northbaycivic@aol.com CC: environmentalservices@colliergov.ne.t Sent from the Internet (Details) I live in the North Bay area and am concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. The residential zoning, as proposed, is more environmentally friendly to the health of the surrounding estuary. Dan Roosa 255 Barefoot Beach Blvd. #204 Bonita Springs, FL 34134 PS We do not want commercial in this residential neighborhood Wednesday, February 02, 2005 America Online: NorthBayCivic Agend¡Pij,~ Nof8B March 22, 2005 Page 208 of 235 :SJbj: :Date: ¡From: "f~: (no subject) 1/31/20053:50:23 PM Eastern Standard Time Fikozlowski . ........ .1'J.CI'1.~f3. ¡;'(Çi".i c.!. .~r1".i r<>'fl'!\~ n.t;:lI~E!!"Vi .cE!s~.cCl'i.~.r!:1 ()\': ':I~t . .... "-...,,...... As a cmzen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed. is distinctly more environmentally friendly to the short- and long-term hea"h and welfare of Wiggins Pass and the estuarial waters. Frank Kozlowski 26044 Fawnwood Ct. Bonita Springs. FL 34134 Wednesday, February 02, 2005 America Online: NorthBayCivic Agend~ Ï'lMI:¥3 Ma·rël'i'22 , 2M5 Page 209 of 235 ,,"-' Subj: Date: From: To: . ..........,.,.... ..................................... ,,.,..................,...,..........."........,.,.,........... (no subject) 1/31/20053:52:22 PM Eastern Standard Time JDMCNamaraUK No~hBavCivic .................................. As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. JDMcNamara 435 Dockside Drive#903, Naples, FL34110 ......-... Wednesday, February 02, 2005 America Online: NorthBayCivic Important Meeting Notice from PIYC Agend~ Nofæ March 22, 2005 Page 210 of 235 !Subj: FW: Important Meeting Notice from PIYC Date: 1/31/20054:13:29 PM Eastern Standard Time ¡From: Sharon.Cannarsa@systrand.com ¡To: northbaycivic@aol.com ¡CC: environmentalservices@collieraov.net Sent from the Internet (Detaíls) As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. As a resident of Pelican Isle I strongly feel that a residential zoning designation is an important part of the development of the area. This re-zoning will be important to all residents of the surrounding area. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Sincerely, Tony & Sharon Cannarsa 425 Dockside Dr. #PH-04 Naples, FL 34110-3656 Home: (239) 594-0067 Cell: (734) 626-0007 Wednesday, February 02, 2005 America Online: NorthBayCivic Agend~ NoHI3 Marcñ22,2005 Page 211 of 235 - ...".............. ... \Subj: Wiggins Pass Marina Rezone ¡Date: 1/31120059:02:45 PM Eastern Standard Time \From: sylvianeal@comcast.net \To: northbaycivic@aol.com :CC: environmentalservices@collieraov.net Sent from the Internet (Detaifs) As a neighbor and full-time resident concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly request your approval of rezoning to RESIDENTIAL. Residential zoning, as proposed, is preferable as a neighbor and is more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the surrounding estuarial waters. Thank you for considering our request. Sylvia and Don Neal 425 Dockside Drive #405 Naples, FL 34110 Wednesday, February 02, 2005 America Online: NortbBayCivic .._---~--- ._._~ ~---- --- Agend~ Nofas March 22, 2005 Page 212 of 235 Subj: Date: From: :To: CC: Wiggins Pass Marina Rezone 1/31/200510:33:45 PM Eastern Standard Time Dtcassens NorthBavCivic envir()l'ImEtl'ltalservicEts @collierQov.net As residents of the area, for some years now, we both strongly support re-zoning to residential as opposed to a commercial hotel. Residential re-zoning will help safeguard both Wiggings Pass and the estuarial waters not only today but for years to come. We ask your approval of this re-zone. Robert & Dessa Cassens 435 Dockside Drive Naples, FL 34110 Wednesday, February 02, 2005 America Online: NorthBayCivic Agendæti@¡el 1Iofoo March 22, 2005 Page 213 of 235 .,~ ;Subj: \Date: [From: [To: .CC: wiggins pass marina rezoning 2/1/200512:30:23 AM Eastern Standard Time Jameshpendleton NorthBayCivic envir()nmentalservices@collieraov.net. my wife and i have followed efforts to rezone the project referred to as coconilla for the past several months. it appears to us that the request which offers the best answer for property owners in the are is to convert to residential. when you look at the various issues presented, there is something in the residential for everyone. 1- the 210 story towers blend well with other property and that proposed by others 2- It offers a better solution for traffic compared to the hotel and other proposals 3- it offers more financial assistance to .the county. 4-1t best meets environmental issues and actually cleans the are up better. 5- it provides more access to the water and the beach, plus better parKing for public access and provides a basic store for services which would benefit others we would be willing to make a statement to the committee, but wanted to have these commentrs for the record. thank you. ,- Wednesday, February 02, 2005 America Online: NorthBayCivic Agendap!ftffl trJ'f>f8~ Marëff'22, 200::> Page 214 of 235 :Subj: Wiggins pass marina project ~Date: 2/1/20055:09:43 AM Eastern Standard Time ¡From: benbriskey@comcast.net ¡To: northbavcivic@aol.com ;CC: environmentalservices@colliergov.net Sent from the Internet (Details) As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. I currently have 2 Hawks building a nest directly outside my unit at Pelican Isle and they pay no attention to people or cars or noise around the area. The only problem is they scream a lot and disturb us. Ben Briskey 425 Dockside Dr. 501 Naples FI34110 Wednesday, February 02, 2005 America Online: NorthBayCivic Agend<:p~ t-J~f8ß Marai'21, 2M5 Page 215 of 235 'Subj: Bald eagles 'Date: 2/1/20056:53:16 AM Eastern Standard Time From: WinaoRoye@comcast.net To; northbaycivic@aol.com Sent from the Internet(DetailsJ Dear Sirs, Please help save the habitat of the Bald Eagles. They are not only magnificent creatures to look at, but they are a part of the food chain, keeping the rodent population down. I live on a lake in Imperial Golf Estates and when I am so fortunate to see an eagle, I am also reminded how fortunate I am to live in the USA. Our forefathers chose the Bald Eagle as the central figure of the Great Seal of the United States of America. The growth and construction that has taken place in Collier County has dísplaced and destroyed so much of the natural beauty that used to be here, replacing it instead with concrete and hlghrises. PLEASE, we have the chance now to preserve a piece of nature, beauty, and history. Let's rise to the occasion. Sincerely, LaDonna Roye ,- Wednesday, February 02, 2005 America Online: NorthBayCivic "'" --,............,,^ ~Subj: Wiggins Pass Marina Project I Rezoning to residential ¡Date: 2/1/20058:40:20 AM Eastem Standard Time iFrom: nestler@maanet.ch To: northbaycivic@aol.com CC: environmentalservices~collieraov.net Sent from the Internet (Details) Living close to the marina, we kindly ask you to approve rezoning from commercial to residential, as proposed. To us it is obvious that this rezoning would result in better environmental protection of the Wiggins Pass area, than a commercial solution. Margit & Dr. Volker Nestler 445 Dockside Drive # 303 Naples. FL 34110 Wednesday, February 02, 2005 America Online: NorthBayCivic Agendéf4~ t-I~f8ß Marctf22,2005 Page 216 of 235 Important Meeting Notice from PIYC Agendapkirn ~1Øf8ß MarCW22,2M5 Page 217 of 235 ,- ¡Subj: Wiggins Pass Marina Project ¡Date: 2/1/2005 3:56:22 PM Eastem Standard Time From: rkastner@corpequip.com :To: northbaycivic@aol.com CC: environmentalservices@collieraov.net Sent from the InterneUDetails) North Bay Civic Association: As a citizen concerned with the Wiggins Pass Marina Project proposal for re-zoning from commercial to residential, I strongly ask your approval of rezoning to residential. Residential zoning, as proposed, is distinctly more environmentally friendly to the short- and long-term health and welfare of Wiggins Pass and the estuarial waters. Ronald Kastner 425 Dockside Dr #301 Naples, FI 34110 Wednesday; February 02, 2005 America Online: NorthBayCivic Agend~~ "'~f8ß Marcli 22, 2005 Page 218 of 235 ¡Subj: Re-zoning the former Wiggins Pass Marina property located at 13635 Vanderbilt Drive ¡Date: 2/1/2005 5:55:29 PM Eastern Standard TIme From: iro@MailingSystemsPA.com To: northbayciviC@aol.com ¡CC: enviornmentalservices@colliemov.net 'Sent from the Internet (Details) North Bay Civic Association Board of Directors, As a members in good standing in the North Bay Civic Association, we wish to urge you to support the rezone from Commercial to Residential at the former Wiggins Pass Marina property located at 13635 Vanderbilt Drive. We are full time residents that live adjacent to the property to the south in a quiet residential community and next to a County Park. Our greatest concern is that the proposed commercial use of the property will degrade our quiet enjoyment of our neighborhood. The property west of the former Wiggins Pass Marina property is now conservancy in nature; the property to the east and north has been approved for residential with a golf course. It just doesn't make sense to commercialize a Residential area. Commercial development belongs in Commercial Corridors the same as Industrial belongs in Industrial Corridors. Again, please support Residential. Irene and Jim Owens 435 Dockside Dr #1002 Naples, Fl34110 Wednesday, February 02, 2005 America Online: NorthBayCivic ... Agenda Item No. 88 (}) March 22, 2005 Page 219 of 235 PUDZ - 2002 - AR - 3158 Coconilla PUD Rezone Collier County Planning Commission Motion: On 11/6/03 The Commission Voted: 6-3 TO DENY THIS PETITION The following Goals. Objectives. and Policies were stated in the CCPC motion as reasons for Denial of the Coconilla PUD. Policy 1.3.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development (thus obligations for infrastructure expenditures) to a maximum of four dwelling units per gross acre within portions of the coastal high hazard area. Policy 1.3.3: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and will develop a program to expand the availability of such including funding options for acquisition. Policy 7.1.2 (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Policy 7.1.2 (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. Policy 7.1.4 All development shall comply with applicable federal and state permitting requirements regarding listed species protection. ---- ...-~ --- -- -,--~-- Agenda Item No. 88 @ March 22. 2005 D( Page 220 of 235 Policv 10.1,1: Priorities for water-dependent uses shall be: a. Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industries or utilities. Policy 10.1.3: Priorities for water-related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development GOAL 12: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. () OBJECTIVE 12.1: The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Policy 12.1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. OBJECTIVE 12.2: The County shan ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policv 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Agenda Item No. (Ì) March 22. 20 5 Page 221 of 2 Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Future Land Use Element: {VII)(lX) Management of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk In natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt-water inundation from tropical storms or hurricanes. It is extremely important that an acceptable balance between at-risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. This issue is addressed here and in the Conservation and Coastal Management Element through several measures. A Coastal High Hazard Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal High Hazard Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patterns of density. The Coastal High Hazard Area Is also identified In the Conservation and Coastal Management Element and policies are provided therein. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Page 22 A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain Industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Agenda Item NO'@¥!. March 22, 2 0 Page 222 of 2 5 (XI) Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Objective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. LDC 2.7.3.2.5. Planning commission recommendation. The planning commission shall make written findings as required In sectlon[s] 2.7.2.5 through 2.7.2.8 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the planning commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section[s] 2.7.2.5 through 2.7.2.8: 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. 2. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments In those proposed, particular1y as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Agenda Item No. 8® March 22, 200r Page 223 of 23 '7, 5. The adequacy of usable open space areas In existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modificatIons are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. ~ Agenda Item No. 88 March 22. 2005 Page 224 of 235 L " ~~ç~~::~~:*~~~!:::~~~ ~'/:':/,:':':':':':':':':'://::; ..".",.."....".... //, / I'\GIU -..-a: IIIOT IA.WII..M.L fOIl IIIAIn'!J'I!Ue1\MbIllP'oT8UI\.T. ....INf1.lUT~ IŒ FUœ .........œ 11.1( ....~ ftIICGI~,un ~ ___ M1C1W'__ ~-~ tt-.,..-. ..,r: .... --.. IIIfU1M: ..._ !,. ,. .... __ "'----Øt...... (It.. ... :..·.q,~~OIt"'t':I<IC.OOIW'O> ~ COlUER COUNn'. rLORIOA CQIAIVMTY D£>ÆLCflWENT Oh/I~ nIP ...5 ItNÇ 25[ SEctS) , '7 so 1/2' . ' ":" '... 85175 I . ii ~ ! ¡ I '.!If ¡¡, : I p j t 'oS.-5 ~'h. I ¡: j .tjl !,"U I d , ¡II! ¡Jld ! . I~~ª!~ª~ illL__ _.tO~""'I".'_.M__."" _..__....__IfT........._..~..." ..~.,o:cu.øL~_._.,... NOT[" $1 l..IH[ rou.ows 7: CONfOJR 'MtICH HAS HOT BUN EST...atISH[Q I'~-' J ---- 9í Agenda Item No. 8B@ March 22, 200 Page 225 of 23 * Sec. 2.2.8. Residential tourist district (RT). 2.2.8.1. purpose and intent. The purpose and intent of the residential tourist district (RT) Is to provide lands for tourist accommodations and support facilities, and multiple-family uses. The RT district corresponds with and Implements the urban mixed use district and the activity center district In the urban designated area on the future land use map of the Collier County growth management plan. 2.2.8.2.1. Permitted uses. * 1. Hotels and moteis. 2. Multiple-family dwellings. 3. Family care facilities, subject to section 2.6.26. 4. Timeshare facilities. 5. Townhouses subject to section 2.6.36. 2.2.8.2.2. Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right In the RT district. 2. Shops, personal service establishments, eating or drinking establishments, dancing .-.-.--.-----'.. Agenda Item No. ~<=6D March 22, 200 Page 226 of 2 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION & COASTAL MANAGEMENT ELEMENT (CCME) Policv 7.1.2(3) (3) The County shall, consistent with applicable GMP poUcies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. January 29, 2004 Marti Chumbler - (outside council, advising the council on the policy above) problem Is with the language. The compo plan, as currently written, says, the county shall, consistent with Growth Management Plan policies, consider and utilize recommendations and letters of technical advisement from the Aorlda Fish and Wildlife Conservation Service and the U.S. Fish and Wildlife Service. It's been-- CHAIRMAN FIALA: So shall means will, right? MS. CHUMBLER: It says shall, that means It's mandatory. CHAIRMAN FIALA: Right, okay. I just wanted to clarify that. MS. CHUMBLER: Consistent with the Growth Management Plan; however, the same policy goes on to say that, it is recognized that on a case-by-case basis, these letters of technical advisement and recommendations may be inconsistent with the Growth Management Plan, and In those cases they'll be deemed to be consistent with the Growth Management Plan. Your staff does not know what that means. COMMISSIONER COLETTA: I don't know either. MS. CHUMBLER: It needs to be clarified. And if you put off making any revisions to the compo plan to at least clarify what that means, you've left your staff not knowing how to apply it. COMMISSIONER HALAS: Exactly. MS. CHUMBLER: So, you know, there are these larger issues that are hovering over this that deal with the sort of policy Issues of how you want to address the regulation of protection of wildlife. But the -- the initial issue, the Initial problem that your staff is trying to tackle and trying to deal with on a daily basis is, how do we apply this compo plan provision; we don't know what It means. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Dealing with the latter, we do, In some cases, deal with listed species. So do you need that type of --.---.-- · . "-- Document Name: Bee Minutes 03/09-10/2004 R March 9 & 1 0, 2004 CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: What are we going to do here? COMMISSIONER HALAS: Let's have a break. CHAIRMAN FIALA: Oh, okay, fine. We'll break for 10 minutes. Okay. We'll be back In 10. (A brief recess was had.) CHAIRMAN FIALA: The meeting is back in order. MR. MUDD: Madam Chair, you have a hot mike. CHAIRMAN FIALA: Thank you very much. Well, I called this because I found some confusion with regard to listed spedes. And I had written to you, Mr. Mudd, about It, and then I'd gotten a comment back from Mr. Schmitt. But I still had some confusion on It, because as I looked back through the record, I found that Marti ehumbler had said in a couple places here -- and I have them here at my disposal in case you would like me to read them -- at the January 29th first LDC meeting, that she felt that It was really Important for staff-- the Initial problem that your staff is trying to tackle and trying to deal with on a daily basis Is, how do we apply this compo plan provision. We don't know what it means. And so I thought maybe we could discuss that today, because what I'd like to do is get this on to the glitch cyde rather than put it on till the end of the year. Marti Chumbler here in another spot says that she feels that this would be important to have on the glitch cycle. I'm paraphrasing for her, but I could read this. And also we had talked about It as commissioners and felt that we wanted It on the glitch cycle as well -- COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: -- so that we could -- so that we could address it. We didn't feel we were ready to do It at the time, but we needed to get it on the glitch cycle, and somehow I understand it's not going to be on the glitch cycle now. And what I'd like to do Is just see Page 154 Document Name: Bee Minutes 10/26/2004 R October 26, 2004 and forgive me for repeating the question over just slightly different. And I just want to make sure that I'm not doing any harm to anyone that's out there If I vote In the affirmative on this. Going back to an eagle, because I think that's one of the driving forces that got us going In this direction again. Because we don't have an eagle policy now -- and I'm repeating the whole thing over again and trying to get it down to very simple language -- because we don't have an eagle policy now, the eagle policy would be determined by the state and the federal, beginning and end, correct? MS. STUDENT: Right. COMMISSIONER COLETTA: However, gopher tortoise that we do have a policy on, If the state and the federal allowed for a taking and our local ordinance did not, then our local ordinance would dominate over the state or federal; Is that correct? MS. S11JDENT: Well, it says, the county shall, consistent with applicable GNP policies, so there would -- consider and utilize Agenda Item No. Bf!). March 22, 20 5 Page 227 of 2 5s ~. -------...-. recommendations from the agency. So those recommendations would have to be consistent with our policy. Now, I believe in terms of the gopher tortoise - and I have to talk to Mr. Lorenz -- I think we do some things that go further than what the fed does but aren't necessarily inconsistent with It. So in the case of the gopher tortoise, I think ours would apply because it wouldn't necessarily be Inconsistent with what the fed or the -- COMMISSIONER COLETTA: Okay. MS. STUDENT: -- state might do. COMMISSIONER COLETTA: So where we do have a county policy, that county policy, If It goes in excess of what -- the state and federal policy, that is the policy that will be followed? MS. STUDENT: It has to be consistent. The state and fed has to be consistent with ours, so, yes, I think you could say that. COMMISSIONER COLETTA: No. I mean, not consistent. I mean, if we don't allow the taking of gopher tortoise, they have to be Page 128 relocated or a preserve built on the property, then ours would be the one that they would have to follow, right, If we change this? MS. STUDENT: That's what I believe to be correct. COMMISSIONER COLETTA: Wen, someone tell me yes. COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: No, not you. COMMISSIONER HALAS: Well, you wanted an answer. Be careful, because you may be a protected listed species. COMMISSIONER COLETTA: And I'm sorry. I know attorneys have to make sure they cover every side of the story so they can always go back. MS. STUDENT: There's always, when you deal and attorneys speak, there's always that situation that might crop up. COMMISSIONER COLETTA: Okay. And there's no way that, out of the clear blue, somebody can introduce a species to this thing that is not already existing, other than maybe the state or federal? MR. SCHMI1T: No. COMMISSIONER COLETTA: Is that correct? MR. SCHMI1T: To make this clear, we are not going to add any species unless the state or feds add that. The only -- the only protection we have above and beyond is for the gopher tortoise, which is part of our land development code. COMMISSIONER COLETTA: Okay. And forgive me. I hate to drag you through all this, and probably I'm totally out of line to ask for this, but -- and I'm starting to feel very comfortable the other way, but I would, at this point -- because we've taken this thing full circle, we've had some good questions answered, I'd like to hear from one of the other people from the other side if it's not too late. CHAIRMAN FIALA: Go ahead. If it will clear up -- COMMISSIONER COLETTA: And I know it's dragging It out. CHAIRMAN FIALA: This Is a very important thing to us. COMMISSIONER COLETTA: It Is very important. --.- .._~--- Agenda Item No. 8B@' March 22, 2005 . Page 228 of 235 - . . Agenda Item N@~ March 22, 0 Page 229 0 23 t MARINA RESTRICTIONS ¡z;¡ tRAF"T < 3 rEET II] 1 DOCK PER 100 F'EET SHORE a MARINAS PROHIBITED -..: ~ I I f I ., . ......... t& , I ~ L..-- _ /CC:~LIER BAY ~ ~ í \ ,.'-------- L elm' C:.;NTY Figure 3-10 Karina Restrictions \ -71- ---.,..-'- -" ~ l72~tíIVbN-1 c4- 1i-t()V!{~ P6hcvvt - /I . 5ut3Hl1 ~ NoRth g{Àj C VI c.. H ~9~.ç .jÞ105 Ðð/LJ)¡ re¿ ..L December 10,2003 -,7 f1a?5JK:/eAl r simple and comprehensive as that type of study, so you can make a rational decision based on facts, based on analysis, based on valid information, as any decision should be based on within the county government. If there's any questions, I'd be happy to answer them, CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What units -- what units are you saying should be eliminated? MR. SORENSON: Well, the only one that I included in my study was the Vanderbilt Inn. And given the fact that I had a limited time to review the number of units involved, this was the one that was, I think, more susceptible to this particular situation. But I think when you take a look at the per capita information, regardless of whether it's one unit, five units or 10 units, the net negative fiscal impact will be very similar. There's not a tremendous economy of scales in this matter. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Any further questions? (No response.) CHAIRMAN HENNING: Thank you, sir. MR. SORENSON: Okay, thank you. MR. SCHMITT: Next speaker is Tom Pelham, followed by Tony Pires. ~ MR. PELHAM: Mr. Chairman, and -- excuse me, Mr. Chainnan and Commissioners, good evening. My name is Thomas Pelham of the Fowler White Law Firm, My office is in Tallahassee, Florida, but for many years I have been engaged in this kind of work, and most areas, and frankly most local governments in the State of Florida. I'm a land use lawyer and an AICP certified planner. I spend the great bulk of my professional time working with local comprehensive plans and land development regulations and issues and problems that arise when local governments are trying to interpret and apply their comprehensive plans and to adopt Page 66 ...-._.-~ -._--- ------------. Agenda Item No. 88 March 22, 2005 Page 231 of 235 December 10, 2003 regulations that will hopefully be consistent with their comprehensive plans. In those kind of cases, the issue always is what does the local comprehensive plan say? What does it mean? What is the proper interpretation of the plan? Ultimately that's a legal question for the courts, if you ever wind up in litigation. Therefore, the way you approach and deal with that question is very, very important. I want to in my presentation address two things: Very briefly, I want to address the density issue which Mr. Depew discussed, because I also think it's fundamentally important here. And then I want to touch on the Burt Harris Act, which is frequently used by some people to attempt to prevent or stop the adoption of regulations. It's used as a threat. It's thrown around very loosely, and it's frequently misunderstood. Let me take the density issue first. I commend your professional planning staff for spelling out in detail in writing how they arrived at their interpretation of the Comprehensive Plan with regard to density. Frequently you do not find that, and people are left to guess as to why local planning staffs are interpreting the plan the way they are. And here they haven't left us in doubt about that. They've told us. Like Mr. Depew, I respectfully disagree with their interpretation. And quite frankly, I think this county has a ticking time bomb here with regard to the densities permitted in your coastal high hazard area. Your coastal high hazard -- your coastal and conservation element has a very specific provision that addresses densities in the coastal high hazard area. And it indicates that it is limited to a maximum of four units per acre. Your staff, in dealing with that expressed provision, has discounted it for several reasons. First, it says it's internally inconsistent with provisions in your future land Page 67 Agenda Item No. 88 March 22, 2005 Page 232 of 235 December 10, 2003 use element. I suggest that that is not a legally tenable position. When the Department of Community Affairs reviewed this . county's plan and found it in compliance, as a matter of law it found it to be internally consistent. Internally consistent. It is not acceptable now for staff to reject that detennination and argue, oh, yes, but there still is an internal inconsistency as a way of ignoring the expressed density limitation. Secondly, the rule of interpretation that applies here is that a specific provision controls over a general provision. The specific provision here is the provision in your coastal high hazard element that says the maximum density in that area is four units per acre. The density rating system that you find in the future land use element is a more general provision. So with regard to the coastal high hazard area, that specific provision in the coastal element controls as a matter of law. Next your staff says well, in detennining what the pennitted density is, you look only to the future land use element. I respectfully disagree. It is the plan as a whole that governs. And you have to construe all the provisions of the plan together to give all of them force and effect. If there is a density provision or requirement in your coastal element or indeed in any other element, it cannot be ignored. It must be respected and it must be applied. I point this out only to tell you that I think at some point this county, like some other local governments, is likely to encounter a problem. And if litigation is something that you're fearful of, I would suggest that you should consider that if you adopt development orders that allow development in the coastal high hazard area at a density higher than four units, you may very well get a lawsuit challenging that that will tie this county up in litigation over that density issue. In its staff analysis, the staff has suggested that you may want to amend your plan to take out that provision about the coastal high hazard density or to reinforce it. I would suggest to you that if you Page 68 -- _.'__m_o.._·,·. - Agenda Item No. 88 March 22, 2005 Page 233 of 235 December 10, 2003 send a plan amendment, a proposed plan amendment up to the Department of Community Affairs that proposes to increase densities in the coastal high hazard area over what is expressly allowed in your Compo Plan, you will encounter stiff resistance, because the Department these days is rejecting amendments that attempt to increase densities in the coastal high hazard area. I would suggest respectfully that this Commission should carefully consider this Issue. Let me turn to the Burt J. Harris Act. The Burt J. Harris Act is no reason not to adopt this regulation, if this Commission believes that this regulation is in the best interest of this county. I say that for several reasons. First of all, the act, the Burt Harris Act by design is an act of very narrow scope and application by design. It was written that way. I say that as a person who was a member of the legislative working group that drafted that legislation. I know what the intent was, I mow what its provisions are. It applies only to governmental action that affects a vested right or an existing use of property, as defined in the act. Nothing else. Only those two situations, where there is a vested right or an existing use. And then if you determine that a vested right or an existing use has been affected, the question is, okay, does the governmental action inordinately burden it. You don't reach Mr. Fishkind's analysis about burden until you decide that there has been an effect on someone's vested right or their existing use. Now, the legislature, when it enacted this act, wanted to provide additional protection and relief for individual property owners who in fact do have vested rights or an existing use which has been inordinately burdened. And I would never suggest to this county that you should not respect that and be concerned about it. But what the legislation does to avoid, frankly, the claims that are going to arise -- people are going to come in here before you, oh, don't adopt this regulation, you're going to be violating the Burt Harris Act, you're Page 69 .-- -------- ~ ----... -. ---.... Agenda Item No. 88 March 22, 2005 Page 234 of 235 December 10, 2003 going to be tied up in lawsuits. Not true. First of all, because of its very narrow scope, a very few people will even be affected by it. But even as to those who are, before they can go running off into court, they have to come to you and present to you their case. They have to prevent (sic) to you their complaint and infonnation that establishes that they have a vested right or that they have an existing use. And if they do that, the act authorizes you to enter into a settlement with that landowner to avoid a violation of the Burt Harris Act. So you may safely pass this regulation with confidence that you're not going to run roughshod over anyone's property rights because they get the opportunity to come back to you and say here is our case. It would not be appropriate for you to apply this overlay to our property. You get a chance to judge it on the merits based on the evidence to you that's presented, and then you in effect exempt them from the act and you enter into a settlement that allows them to build their property. That's why I say the Burt Harris Act simply does not provide any basis for you not to adopt this general piece of legislation. I appreciate very much the time. If you have any questions, I'll be happy to try to answer them. CHAIRMAN HENNING: Questions by the Board? Commissioner Halas. COMMISSIONER HALAS: Are vested rights transferable? MR. PELHAM: Possibly. And if a local government wants to recognize their transferability, it may do so. If a local government doesn't want to recognize the transferability, there's some rules established by our courts in case law that detennine whether they are or they are not. COMMISSIONER HALAS: Okay, I'd like to ask another question here. You say vested rights on an exis -- on an existing property . Page 70 ..----- ________u_____ ,. Agenda Item No. 88 March 22, 2005 Page 235 of 235 December 10,2003 MR. PELHAM: Vested rights, or there is an existing use on the property . COMMISSIONER HALAS: Existing use. Say you have -- in the case of the Vanderbilt Motel, you presently have a two-story unit there. The person wants to sell this, but he'd like to get it rezoned so that he can sell it with the vested rights that he can put a 100- foot or a 75-foot building on there. That's where I was leading in with my first question, does -- that vested right, can it be transferred from one owner to the other after that particular first owner has gone through this process of trying to get that land rezoned for -- well, it's going to be not rezoned, it's going to be used for something different than a two-story motel. MR. PELHAM: Well, again, I would caution. In every case, vested rights is a very fact-intensive situation that varies from property to property. So I would just throw in the general admonition, we want to make sure we have all the facts. Secondly, though -- the first question is, does the Vanderbilt Inn have vested rights that it can transfer? That's the first question. If it doesn't have any vested rights, it doesn't have any to transfer. COMMISSIONER HALAS: What constitutes vested rights? MR. PELHAM: Okay. If government takes action, let's say, for example, it adopted R T zoning for vacant property, and in reliance upon that RT zoning the landowner has spent large sums of money or changed its position or started plans for building something that's allowed by the RT zoning, that landowner may well have a vested right in the RT zoning. On the other hand, if the landowner had built something on that land before the R T zoning was ever enacted, then that landowner has no vested right in the RT zoning, and I would suggest the only thing they're vested in is the actual structure that sits on the property. COMMISSIONER HALAS: Well, this has always been -- to clarify this, this has always been in R T zoning. And what we're Page 71 ...,..-"-..,,-....-.. " Agenda Item No. BC March 22, 2005 Page 1 of 17 - EXECUTIVE SUMMARY Recommendation to Adopt An Ordinance Amending the Certificate of Public Convenience and Necessity Ordinance 04-12, Section Four, Allowing for an Exemption for Vehicles Transporting Stretcher Patients Needing No Medical Services to Routine Scheduled Medical Treatments and Providing for An Effective Date. OBJECTIVE: To provide better protection for the health, safety and welfare of the residents of Collier County by amending Collier County Ordinance 04-12, Section Four entitled: Exemptions and Exclusions from Certificate Requirement. CONSIDERATIONS: Collier County Ordinance 2004-12 allows for the exemption from the COPCN requirement for vehicles transporting persons to routine scheduled medical treatments provided they do not require services en route. The Ordinance does not exempt vehicles transporting persons who do not require services en route but do require transport by stretcher and such transports are provided by Collier County Emergency Medical Services. Staff feels that the use of Advanced Life Support transport units for patients not requiring medical intervention is a waste of resources, and believes that eliminating this level of service will improve the response times to true emergency calls. r-. FISCAL IMPACT: The Fiscal Impact associated with revising the COPCN is a loss of revenue estimated to be One Hundred and Seventy Eight Thousand ($178,000) in FY 05. Eliminating the need for the future growth units offsets this revenue loss in the amount of One Million Five Hundred and Ninety-Five Thousand dollars ($1,595,000). GROWI'B MANAGEMENT IMP ACT: The elimination of stretcher transports by EMS also eliminates the need for future EMS units to provide for the transport of persons not requiring medical services but requiring transport by stretcher. RECOMMENDATION: Recommendation that the Board of County Commissioners Adopt an Ordinance amending Ordinance 04-12, Section Four entitled Exemptions and Exclusions From Certificate Requirements and providing an effective date. Prepared by: Jeff Page, Chief Emergency Medical Services -- Agenda Item No. 8C March 22, 2005 Page 2. of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Oltl BC Recommendøtion to Adopt an Ordinance ArTlet,ding Ordinance 04-1:2, Section Four, Exemptions and Exclusions from Certificate Requirements and Providing ror an Effective Date. 3/22/20059.00:00 AM - Item Number Item Sum miry Prepared By Jeff Pig. Date EMS Chief 3/41l005 4:10:37 PM Bureau of Emergency Service. EMS Approved By Darcy Waldron &"r1lor Administrative Aa.lstant Oate County Manager'1 Office Emergency Management 314120054:09 PM A pproved By Jell Page EMS Chler Oat. BUfe;lu of Emergency Servicu EMS 31111006 12:D2 PM Approved By Scott R. Teach A...lsttnt Coumy Attomey Dat. County Auorney County Attomay Onlce 311/2005 1 :53 PM Approved By Dan E. Summers Bureau of Emer'gency Services Oate elr.etar County Manager'1 Office Bureau of Emergency Servl~es S/8/200510:22 AM Approved By OMB Coordinator Adminiøtrø11vIII ARletant Date County MantlgQ-r':¡ Offîc:e Office of M.nagC)mønl &. Budget 3/8/20054:04 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's. Office Office Dt Managemont & Budget 3115/200512:56 PM Approved By Mlch.el Smyt<uwakl M.nagement & Budget Director Date County Manager's otf'lCt Office of Menagement & Budget S/15/200S 5:20 PM A pproved By James V. Mudd County Manager Date BOlrd of County County Manager's Office 3116120054:50 PM Commissíonera Agenda Item No. BC March 22, 2005 Page 3 of 17 ORDINANCE NO. 2005 . AN ORDINANCE AMENDING ORDINANCE 04-12 BY AMENDING SECTION FOUR ENTITLED: EXEMPTIONS AND EXCLUSIONS FROM CERTIFICATE REQUIREMENT. WHEREAS, Collier County desires to make available to its citizens safe, professional emergency health care transportation SCTYices for the tranBfer of patients between and among local hospital facilities; and WHEREAS, Collier County desires to facilitate the provision of such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the amendment to Ordinance Number 04·12 results in a benefit to Collier County by reducing response times for certain transports and providing for the availability of more transport vehicles. NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section I: Purpose This ordinance is adopted pursuant to Chapters 125 and 401, Florida Statutes. The purpose of this ordinance is to provide better protection for the health, safety and welfare of the residents ofCo!lier County, in ambulance and ALS matters, by establishing unifonn county-wide standards for certification of ambulance or advanced life support or services, or operations by promulgating complete and clear rules and regulations for operation of all ambulance or rescue companies or services in Collier County. Section 2: Definitions A. Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable Florida Statutes and Florida Administrative Code, Section 64E. B. Administrator shall mean the County Manager or his designee. C. Ambulance means any privately or publicly owned land, air, or water vehicle that is designed, constructed, reconstructed, maintained, equipped or operated, and is used for or intended to be used for air, land, or water transportation of persons, who are sick, injured. or otherwise helpless. D. Board shall mean the Collier County Board of County Commissioners. E. Certificate means a certificate of convenience and necessity as authorized in Section 401.25 (2)(d), Florida Statutes. F. Emergency Call shall mean the transit of an ambulance under conditions which warrants travel with flashing lights and siren operating. . Agenda Item No. BC March 22, 2005 Page 4 of 17 G.. Operator shan moan ~y person, organization or governmental entity providing ambulance or ALS services. H. Patient shall mean an individual who is ill, sick, injured. wounded, or otherwise incapacitated or helpless. 1. Routine Call or Routine Transfer shall mean the transportation of a patient under Don· emergency call conditions. 1. Rescue Service shall mean first response treatment of patients but does not include Advanced Life Support (ALS) or transport. Section 3: Requirements For CertiRcate It shall be unlawful for any person, finn, agency, or any other entity, including governmental units, to provide an ambulance service or provide advanced life support without first obtaining a certificate therefore from the Board of County Commissioners of Collier County. Section 4: Exemptions and Exelu.lon~ From CertiRcate Requirement Certificates shall not be required for: A. Rescue Services. B. The use of a non.ambulance for any transport of a patient pursuant to the Good Samaritan Act, Section 768.13, Florida Statues. C. Vehicles rendering ambulance-type services when requested to do so by the Board of County Commissioners or County Manager in the event of a major catastrophe or other such emergency which requires more ambulances that are available in the county. D. Ambulances based outside the county which pick up a patient in the county and transport him out of the county, or which pick up a patient out of the county and transport him into the county. E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles transporting persons who require services en route ar '::lts FßQst III eaPFieš S8 II strlteker are not covered by this exemption. Section 5: Procedure For Obtaining Certificate An applicant for a certificate shall obtain forms from the department to be completed and returned to the Division Administrator. Each application shall contain: A. The name, age. and address of the owner of the ambulance or ALS provider, or if the - owner is a corporation, then of the directors of the corporation and of all the stockholders Words underlined added and words swel[ hraQgft arc deleted. 2 Agenda Item No. 8C March 22, 2005 Page 5 of 17 holding more that 25% of the outstanding shares. For governmental units, this infonnation shaH be supplied for members of the governing body. B. The boundaries of the territory desired to be served. C. The number and brief description of the ambulances or other vehicles the applicant will have available. D. The address of the intended headquarters and any sub-stations. E. The training and experience of the applicant. F. The names and addresses of three (3) Collier County residents who will act as references for the applicant. G. A schedule of rates wlúch the service intends to charge. H. Such other pertinent information as the administrator may require. I. An application or renewal fee of two hundred fifty dollars ($250.00). (Exception Collier County EMS.) J. Financial data including assets and liabilities of the operator. A schedule of all debts encumbering any equipment shall be included. Section 6: Review of Application The Administrator shall review each application and shall investigate the applicant's reputation, competence. financial responsibility, and any other relevant factors. The Administrator shall also make an investigation as to the public necessity for an ambulance or ALS operation in the territory requested, and shall then make a report to the Board containing his recommendation whether to grant a certificate to the applicant within sixty (60) days of the time the Administrator detennines the application is complete. Section 7: Requirement For Board Approval In Granting Certitlcate The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence that each of the foHowing standards has been satisfied: A. That there is a public necessity for the service. In making such detennination, the Board of County Commission shall consider, as a minimum. the following factors: (1) Tbe extent to which the proposed service is needed to improve the overall Emergency Medical Services (EMS) capabilities of the County. (2) Tbe effect of the proposed service on existing services with respect to quality of service and cost of service. Words underlined added and words 8Wuek threllgh are delcted. 3 Agenda Item No. 8C March 22, 2005 Page 6 of 17 - (3) The effect of the proposed service on the overall cost of EMS service in the County. (4) The effect of the proposed service on existing hospitals and other health care facilities. (5) The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. B. That the applicant has sufficient knowledge and experience to properly operate the proposed service. C. That, if applicable, there is an adequate revenue base for the proposed service. D. That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service area. Seedon 8: Appointment of Hearing Offieer In making the determinations provided for in Section 7, above, the Board may, in its sole discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing Officer shall render a written report to the Board within 30 days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only. SeedoD 9: Rights and Dudes Granted By Cerdftcate The certificate granted by the Board shall be valid for one calendar year and shall be personal to the applicant and not transferable. In the case of a corporation, if there occurs such a transfer ofstoçk or other incidents of ownership as to change the majority or largest stockholder, a new certificate must be applied for. Changes in the officers of the corporation will not require a new certificate. Acceptance ofthe certificate by the applicant shall obligate the applicant to: A. Service the entire zone granted to the applicant. B. Provide coverage to adjoining zones, when requested to do 80 by Emergency Control for emergency calls when the certificate holder for that zone is unable to respond. C. Keep posted at his place of business a copy of the fee schedule, which must be filed with .- the Administrator (If applicable). Words underlined added and words swek Û1re~gk are deleted. 4 Agenda Item No. BC March 22, 2005 Page 7 of 17 D. Operate in accordance with the rules and regulations adopted pursuant to this Ordinance and any applicable County Ordinances, and Chapter 401 Florida Statutes, and any administrative regulations adopted pursuant thereto. E. Employ at a times sufficient persoMel experienced in operation and management of emergency medical services to ensure proper and efficient operation. Section 10: Renewal of Certincate Each certificate holder shall file within ninety (90) days of expiration. an application for renewal of his certificate. Renewals shalJ be based upon the same standards. as the granting of the original certificate along with sucb other factors as may be relevant. The renewal application shall be accompanied by a two hundred and fifty dolJar ($250.00) renewal fee. The renewal certificate may be approved routinely by the Board, upon advice of the Administrator, or the Board may hold a hearing on same. Section 11: Emergency Provisions The Board may modifY, suspend or revoke a certificate in the interest of the public health. safety and welfare, only at public hearing and after reasonable notice has been given to the certificate holder affected. However, if a situation exists which poses a serious threat that ambulance or rescue service will not be available to any certain area of Collier County, the Administrator shall have such temporary emergency powers as are necessary to provide that service. These temporary powers are intended to provide interim protection until such time as the Board meets to resolve the emergency. Section 12: CI...mcations of Certificates There shall be two (2) classifications of service in Collier County, as folJows: A. Class I: Collier County EMS: ALS Rescue: An EMS provider with the capability of rendering on the scene prehospitaJ ALS services and who mayor may not elect to transport patients. An EMS provider rendering this level of service for a govcmmental entity shall be deemed to be operating under the Class I - ALS rescue certificate of public convenience and necessity held by the governmental entity. An EMS provider holding a Class I - ALS rescue certificate may provide post-hospital interfacility medical transfer services and routine ALS and BLS calls within the County. A Certificate Of Public Convenience and Necessity must be obtained from the County before engaging in this level of medical service. Words underlined added and words lINe)( thrS\lgB are deleted. 5 Agenda Item No. 8C March 22, 2005 Page 8 of 17 B. Class 2: Collier County Hospitals: 1. ALS Transfer: An EMS provider who ronden ALS intcrfacility medical transfer services. An EMS provider who is awarded a Class 2 - ALS transfer certificate and docs not possess a Class I - ALS rescue certificate shall not respond to an emergency call and provide ALS rescue services unless called upon by the appropriate Class I - ALS rescue provider to provide emergency backup service. In these instances, it shall be deemed to be operating under the Class I - ALS rescue certificate of the governmental entity requesting such emergency backup service. 2. Class 2 - ALS transfer certificate holders may provide post-hospital interfacility medical transfer services and routine ALS and BLS calls within the County but only to hospitals owned by the certificate holder, however, the Class 2 certificate holder may provide out-of-County transports. Unless an EMS provider possesses a Class I - ALS Rescue certificate issued by the County, a Certificate Of Public Convenience and Necessity must be obtained from the County before .- engaging in this level of medical service. 3. Class-2 transfer certificate holders shall contract with the Class - I rescue certificate holder's Medical Director for the performance of services set forth in Florida Statutes. Section 401.265 and as specifically set forth herein as follows: a. He shall supervise and accept direct responsibility for the medical performance of the paramedics and Emergency Medical Technicians (hereinafter EMTs). b. He shall develop medically correct standing orders or protocols relating to life support system procedures when communication cannot be established with a supervising physician or when any delay in patient care would potentially threaten the life or health of the patient. c. He shall issue standing orders and protocols to ensure that the Class-2 transfer certificate holder transports each of its patients to facilities that offer a type and level of care appropriate to the patient's medical condition. d. He or his appointee shall provide continuous 24-bour-per-day, 7-day-per-week medical direction which shall include, in addition to the - development of protocols and standing orders, direction to the Class-2 transfer Words underlincd added and words swell threwgk arc deleted. 6 Agenda Item No. BC March 22, 2005 Page 9 of 17 certificate holder's personnel as to the availability of "off-line" service to resolve problems, system conflicts, and provide services in an emergency as that tenn is defined by section 252.34(3), Florida Statutes. e. He shall establish a quality assurance committee to provide for quality assurance review of all EMTs and paramedics operating under his supervision. f. He shall audit the perfonnance of system personnel by use of a quality assurance program that includes but is not limited to a prompt review of patient care records, direct observation, and comparison of performance standards for drogs, equipment, system protocols and procedures. He shall be responsible for participating in quality assurance programs developed by the Class-2 transfer certificate holder. g. He shall ensure and certifY that security procedures of the Class-2 transfer certificate holder for medications, fluids and controlled substances are in compliance with chapters 401, 499 and 893. Florida Statutes, and chapter 100-45 of the Florida Administrative Code. h. He shall create, authorize and ensure adherence to, detailed written operating procedures regarding all aspects of the handling of medications, fluids and controlled substances by the EMS personnel and comply with all requirements of chapters 40 I, 499 and 893. Florida Statutes. i. He shall notifY the Florida Department of Health, (hereinafter the "Department") in writing when the use of telemetry is not necessary. j. He shall notify the department in writing of each substitution of equipment or medication. k. He shall assume direct responsibility for the use by an EMT of an automatic or semi-automatic defibrillator; the perfonnance of esophageal intubation by an EMT; and on routine interfacility transports, the monitoring and maintenance of non-medicated LV.s by an EMT. He shall ensure that the EMT is trained to perfonn these procedures; shall establish wrinen protocols for the performance of these procedures; and shall provide written evidence to the Florida Department of Health documenting compliance with the provisions of this paragraph. Words underlined added and words slfuek R'.1'8t1gh are deleted. 7 Agenda Item No. 8C March 22, 2005 Page 10 of 17 1. He shall ensure that all EMTs and paramedics are trained in the use of the trauma scorecard methodologies as provided in sections 64E·2.017 of the F.A.C., for adult trauma patients and 64E-2.017S, F.A.C., for pediatric trauma patients. m. He shall participate as a crewmembcr on an EMS vehicle for a minimum of 10 hours per year and complete a minimum of 10 hours per year of continuing medical education related to pre-hospital . care or teaching or 8 combination of both. n. He shall ensure that all of the Class-2 transfer certificate holder's EMTs and paramedics have all proper certifications and receive all training necessary to maintain their certification. Section 13: Transfer Or Assllnment of Certificates No certificate issued under this Ordinance shall be assignable or transferable by the person to whom issued except unless approval is obtained ftom the Board in the same manner and subject to the same application, investigation, fees and public hearing as original applications for certificates. Any majority transfer of shares or stock or interest of any person or operator so as to cause a change in the directors, officers, majority stockholders or managers of such person or operator shall be deemed a transfer or assignment as contemplated in this Ordinance and subject to the same rules and regulations as any other transfer or assignment. Section 14: Revocation, Alteration Or Suspension Grounds A. Every certificate issued under this Ordinance shall be subject to revocation, alteration and/or suspension of operation, by the Board, for a period of up to one year, where it shall appear that: 1. The operator has failed or neglected for a period of thirty (30) days during any calendar year to render all services authorized by his certificate. 2. The operator has been convicted of a felony or any criminal offense involving moral turpitude. 3. The certificate was obtained by an application in which any material fact was omitted or falsely stated. 4. The operator has knowingly pennitted any of its motor vehicles to be operated in violation the laws which result in conviction of the driver or operator of a /."...... Words underlined added and words iMNek tfifewgh are deleted. 8 misdemeanor in the second degree or greater, or has knowingly permitted a driver with more than two previous convictions to operate emergency vehicles. S. The operator has failed to comply with any of the provisions of this Ordinance. 6. The public interest will best be served by revocation, alteration, or suspension of any certificate upon good cause shown. 7. The operator or his agent has demanded money or compensation other that that established and prescribed under this ordinance. (If applicable). 8. The operator has without sufficient justification failed or refused to furnish emergency care and/or transportation promptly for a sick or injured person. 9. The operator or his agent has been found guilty of malpractice or willful and wanton misconduct in the operation of its service. B. All complaints shall be investigated and a report thereon made to the Board, together with findings and recommendations, within fifteen (15) clays. If revocation, suspension or alteration of any certificate appears warranted, the Board shall give notice to the operator holding the certificate that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five (5) days from the date of the notice. The Board shall thereupon consider the complaint and either revoke, suspend or aJter the certificate or dismiss the complaint. Section 15: General Operating ReauJationl All certificate holders, operators, and drivers shall comply with all state statutes and administrative regulations as following regulations: A. Twenty-four Hour Service. Every certificate holder shall be required to operate sufficient ambulances, as stated on the certificate of operation and detennined by the Board, on immediate call at aJl times. B. Prompt Service Required. Every call for ambulance service shaJI be answered promptly. Patients shaJl be loaded and transported without being subject to unreasonable delays. All calls for emergency assistance requiring over twenty (20) minutes Ifom time of notification to arrival on scene shall be reported to the Administrator with complete documentation of the circumstances, which delayed the response. Those instances where more that three (3) minutes elapse between receipt of an emergency call and dispatch of an ambulance shall also be reported to the Administrator with documentation of circumstances. Words underlined added and words øwek tM9Ygh are deleted. 9 Agenda Item No. BC March 22, 2005 Page 11 of 17 _..~ -..-- Agenda Item No. BC March 22, 2005 Page 12 of 17 C. Bed Linens. Clean and sanitary be~ linens shall be provided for each patient carried and shall be changed as soon as practicable after the discharge of the patient. D. Daily Log. Every operator shall maintain in a daily log upon which shall be recorded the place or origin, time of call, time of dispatch, time of arrival at scene, time left for hospital, time of arrival at hospital, and charges for each trip made and sucb other operating and patient infonnation as may be required by Ordinance. Every operator shall retain and preserve all daily logs for at least two (2) years, and such logs shall be available for inspection by the Administrator. E. Communications. Each ambulance shall maintain twcrway radio communication with the location of primary dispatch from which it operates, as well as any additional communication capabilities required by Ordinance or state law. F. Vehicles and Equipment. Each vehicle shall be equipped with the proper medical and emergency equipment as required by the laws of the State of Florida and shall be subjected to inspection from time to time to insure compliance with the laws of Florida and this Ordinance. G. Certification. In addition to the State of Florida Department of Health, Bureau of Emergency Medical Services requirements for certification, each paramedic must be certified by the County Medical Director. Each paramedic must work with a Collier County EMS ambulance for a sufficient length of time for the ambulance service medical director to properly judge his capability. At minimum, the paramedic must work in that capacity not less than one full month's work shift lIlIJ1ua1ly. Salaries of other than Collier County EMS paramedics will be paid by the agency seeking the Medical Director Certification. H. Application. Each ambulance or ALS service shall be subject to those roles and regulation as promulgated by Ordinances of the Board for the purpose of carrying out this ordinance. Section 16: Central Place of Business Each operator shall maintain a central place ofbuainess which shall be entirely within his designated operating zone, at which place he shall provide two·way radio communication with his vehicles, the County Emergency Control Communications Center, and his place of business, a properly listed telephone for receiving all calls for service and at which central place of business he shall keep such business records and daily logs available for inspection or audit by Words underlined added and words swelt tftre\&gft are deleted. 10 .-----".- Agenda Item No. BC March 22, 2005 Page 13 of 17 the Administratór. Every operator shaH keep 00 file with the Administrator and the County Emergency Control Communications Center a business address and telephone number at which the operator may be reached at all times. This information will be maintained at the Emergency Control Center. Section 17: Recorcù To Be Kept Every operator shall keep accurate records of receipts from operations. operating and other expenses, capital expenditure and such other operating and patient infonnation as may be required by the Board. Section 18: Rates Every operator shall file with the Board a schedule of the rates. Such rates shall be filed as a part of each new or renewal application, and a rate schedule shall also be filed when changes in rates are proposed. All such rates shall be subject to review and approval by the Board. Section 19: Operator'slnsuranc:e Every ambulance operator shall carry bodily injury and property damage insurance with solvent and responsible insurers authorized to transact business in the State of Florida to secure payment for any 1088 or damage resulting from any occurrence arising out of or caused by the operation or use of any of the operator's motor vehicles. Each vehicle shall be insured for the sum of at least one hundred thousand dolJars ($ 100,000.00) for injuries to or death of anyone person arising out of anyone accident and the sum of at least three hundred thousand doHars ($300,000.00) for injuries to or death or more than one person in anyone accident and for the sum of at least fifty thousand dollars ($50,000.00) for damage to property arising trom anyone accident. They shall also have malpractice insurance. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the operator and present insured or any person driving the insured vehicle. Such insurance shall be obtained and certificates or certified copies of such policies shall be filed with the Board. All such insurance policies, certificates thereof or certified copies of such insurance policies shall provide for a thirty (30) day cancellation notice to the Board; Section 20: Conduct of Drivers And Attendants All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic registered hereunder shall: Words underlined added and words stftlek threligk are deleted. 11 Agenda Item No. 8C March 22, 2005 Page 14 of 17 A. Failor refuse to promptly transport, if applicable, or attend any sick or injured person after responding to a call. B. Demand or receive compensation other that that established and approved in accordance with this ordinance or fail to give a receipt for moneys received. (If applicable). C. Give or allow rebate, commission, discount or any reduced rate not provided in the established rate. (If applicable.) D. At any time induce or seek to induce any person engaging an ambulllJ1ce or ALS service to patronize or retain the services of IIJ1Y hospital. convalescent home, mortuary, cemetery, attorney, accident investigator, nurse, medical doctor or other service occupation or profession. E. At IIJ1Y time release his patient from his care until he is assured that some responsible person is available to receive such patient. F. At IIJ1Y time use a siren or flashing red light unless on IIJ1 emergency call. G. Disobey the lawful orders of the law enforcement officer at the scene of IIJ1 accident, or other similar such emergency or at a flTe scene, the fire officer in charge. H. Smoke while within the confines of IIJ1 ambulllJ1ce. I. Operate or ride in IIJ1 ambulllJ1ce without using seatbelts. (Personnel attending patients are exempt). Section :n: Pa.sengen No person shall be aboard ambulances when engaged in emergency or routine medical calls except the following: A. Driver, attendants IIJ1d fire or law enforcement personnel; B. Patients; C. Not more that one relative or close friend of the patient, or if the situation warrants, the paramedic in charge may authorize more than one passenger. D. Physicians and nurses; E. Personnel in an observing capacity that are being trained for ambulllJ1ce or ALS service. .r F. Operator's supervisory personnel. Seetion :z:z: Obedience to Trame Laws, Ordinances or Regulations, A. The driver of an ambulllJ1ce or ALS vehicle when responding to IIJ1 emergency call or while transporting a patient may exercise the following privileges when such driver has Words underlined added IIJ1d words sWllk tlv8~gß are deleted. 12 Agenda Item No. BC March 22, 2005 Page 15 of 17 reasonable grounds to believe that an emergency in fact exists requiring the exercise of such privileges: 1. Park or stand, irrespective of the otherwise applicable provisions of law, ordinance or regulations. 2. Proceed past a red light or stop signal or stop sign, but only after slowing down as may be necessary for safe operations. 3. Exceed the maximum speed limits pennined by law so long as he does not endanger life or property. 4. Disregard laws, ordinances or regulations governing direction or movement or turning in specified directions so long as he does not endanger life or property. B. The exemptions herein granted shall apply only when such vehicle is making use of audible and/or visible signals meeting the requirements of this Ordinance. C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the drivér from the consequences of his reckless disregard for the safety of others. Section 23: Vloladob In addition to the remedies provided berein, 8 violation of any provision of this ordinance shall be punishable as provided by law for the violation of County ordinances. Section 24: UniformIty of Application The Ordinance shall constitute a unifonn law applicable in all of Collier County. Section 25: Authority To Enforce It is hereby declared to be the duty of the Board of County Commissioners of ColHer County, its officers, agents, employees and other governmental agencies, the sheriff's department of ColHer County, its deputies and agents, fire departments, as well as the police departments of the various municipalities falling under the provisions of this Ordinance to strictly enforce the provisions of this Ordinance. Section 26: Repealaad Codification Ordinance 75-50 is hereby repealed. This Ordinance shall be codified in the Collier County Code as Chapter 4 of said Code, and said Code is hereby amended accordingly. Section 27: Conflict and Severability In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, Words underlined added and words InBk .nrSlIgII are deleted. 13 Agenda Item No. BC March 22, 2005 Page 16 of 17 the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Qrdinancc Is for any reason held invalid or unconstituti01'l8l 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 oftbc remainder of the Ordinance. ~DZ8: Eft~eD~ This Ordinance shall become ctIective upon receipt of notice that it bas been filed with the SecretarY of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of .2005. AlTEST: DWIGHT E. BROCK., Clerk By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chainnan ~~~Trpl:L- Scott Teach Assistant County Attorney Words underlined added and words IDl!.ok 1hre~8k are deleted. 14 ~~/~~/L~~~ l~:lb ': '11 ..:f:1 'I tj 1 '11:1 MIlA/rAY BILES PAGE 01 Agenda Item No. BC March 22,2005 Page 17 of 17 1""0'. JJ+ p~ Fay R. Biles, Pb.D. P~kI...t, 'AVA AIIoeiatel 1588 Heiptl Ct., Marco blaad, FL U145-6616 (139) 394 3089, f- (239) 394 8140 favbileriUlol.cCLm Mel'r.h :\. 2~ Chairman Fred W. Coyle COlllØÜasioaer, BeC 3301 Ent Tamlamj Trail Nap"', FI 34112 Dear Cbairman Coyle: EMSAC baa beld ita ,ul)...commfttee meeting OD tbe c:bangea requested by Mike Murphy, Fire Chief, Marco IsIaDd to tbe COPeN. There was . good discualloD. ne recommendatioD from tbat 8ub-eommittee to EMSAC at their replar meeting was .pproved. There will be no e.bange to tbe wt COPCN iB wbich the words regardiDg streteher patienu should remaiD as el'Olled out. The Public Vehide Advisory Committee can take care of aU detaill. EMSAC ",ill appoint a member or our Counc" to attend tbeir meetiDgs aDd keep aD eye Oft any possible problem. and report back to EMSAC- Second I'eUOn addreued the Deed for another vehicle ifwe were to go aBother route. That expense It not warranted at this time. The item ean be brought up at the Bee any time. EMSAC will atteDd the lD"tiDet lad if øeeded. taD address the reasons we advise the revision should remain as written. Thank you for anowing EMSAC to punue additional time to ltudy the COPeN. Sineerely , Fay R. Biles, Ph.D. ChairpenoD, Emergency Medical Services Ad\'ilory Councll (EMSAC) c~: JetrPage, Director, EMS Agenda Item No. 80 March 22, 2005 Page 1 of 11 ,,-.., EXECUTIVE SUMMARY Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida applying the Annual Mid-Cycle Indexing adjustments to amend the General Government Buildings Impact Fee rate schedule, which is Schedule Nine of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended) and providing for a delayed effective date of April 1, 2005 OBJECTIVE: Recommendation that the Board of County Commissioners (Board) adopt the attached Resolution to amend Schedule Nine of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, thereby increasing the General Government Building Impact Fee rates by 4.1 percent (4.1 %) per land use category and implementing 85% of the indexed fee, which is consistent with the Board's direction for a three-year phased implementation of the impact fee, as set forth by Code of Laws Section 74-31O(t)(2). .~ CONSIDERATIONS: On March 9, 2004, the Board of County Commissioners adopted Ordinance No. 2004-16, which amended Ordinance 2001-13, the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, . and established the General Government Building Impact Fee. The regulations reflect the Board's direction for the implementation of the impact fee in three phases, over three years as follows: "i. that for one year from the effective date of the ordinance the rates set forth in the then currently adopted General Government Impact Fee Rate Schedule shall be applied at 75% (seventy-five percent) of the then applicable rate; ii. that for one year following the one year period in i., above, the fee to be applied will be 85% (eighty five percent) of the then applicable rate; and iii. that at the end of the time period set forth in ii. above, and thereafter, the rate to be applied will be 100% of the then applicable rate." [Section 74-3tO(f)(l-3)] Section 74-310 of the Code of Laws also sets forth indexing methodologies to provide for annual indexing adjustments to General Government Building Impact Fees based upon calculations utilizing percentage changes in Just Values of real property as detennined annually by the Collier County Property Appraiser's Office and the Building Price Index prepared by the Engineering - News Record (a national publication of construction cost indices). The application of the indexing methodology results in an average increase of 4.1 percent (4.1 %) per land use category. Staff presented the indexing information to the Development Services Advisory Committee (DSAC) on March 2,2005. The committee unanimously voted to accept staff's report, but not to endorse the recommendation to index. The attached Resolution provides for a delayed effective date of April 1, 2005, which is approximately one year after the impact fee and phase one rates were adopted. ,,-.., ,- RcøolutiOll- GovctmnCDt Building IF Indexing Page 2 Agenda Item No. 80 March 22, 2005 Page 2 of 11 GROWTH MANAGEMENT IMP ACT: The application of this rate indexing is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." The rate indexing ensures that General Government Building Impact Fee assessments consistently reflect a pro rata share of the costs of growth-necessitated capital improvements, promote predictability of the annual revenues, reduce costs for services of rate consultants, and is intended to avoid larger rate increases every three years. FISCAL IMP ACT: It is anticipated that approval of this rate indexing should generate approximately $500,000 more in annual revenue. The additional funding will enhance the County's ability to provide government service-related capital improvements that are necessitated by growth. LEGAL CONSIDERATIONS: The proposed changes to Schedule Nine of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances are internally consistent, comply with all applicable constitutional and general law, and are legally sufficient for Board consideration and approval, ,.-. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution to amend Schedule Nine of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, (The Collier County Consolidated Impact Fee Ordinance, No. 2001-13, as amended) to increase the General Government Buildings Impact Fee rates by an average of 4.1 percent (4.1%), and implement 85% of the indexed fee, which is consistent with the Board's direction for a three- year phased implementation of the impact fee, effective April 1, 2005. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES ,- Item Number Item Sum miry Meeting Dlte Agenda Item ND. 8D March 22, 2005 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8D Recommendlillion to adopt a Resolution of lhe Beard or County Commissioners of Collier County, Florida applying the Annual Mid-Cycle Indexing adjustments to amand the General Government BuIldIngs Impact Fee rate schedule 3122/2005 9.00:00 AM Preplred By Impact Fee: Manager 3/812005 9:45:51 AM Amy PaUerson Community Development & Environmental Service. Date Financial Admin. & Houllng Sandra Lea OIte Approved By Community Development & Environmental Services ExeC;:lJtlye Secretary Community Development & Environmental Service, Admin, 3/8/2005 1 :66 PM Approved By Patrick G, White County Attorney Assia.tant County Attorney Olte County Attorney Omee 319/20058:44 PM Approved By Financial Admin 8. Housing Director Date Denton Baker Community Development & Environmental Servlc.elll Financial Admin. & Hou.ing 31101200512:69 PM Approved By Date Joseph ¡.c. Schmitt Community Development & Environmental SeNic.. Communtty De'lelopment & Environment.1 Services Adminatrator Community Development & Environmental Services Admin. 3/11/2005 2:67 PM Admini5tr3tlve Aaslstant Date Approved By OMS Coordinator County MonagGr's OffIce Office of Management & Budgot 3114/2005 10:51 AM Mal1<.lsackson Budget Analyst Date A pproved By County Manager'. Office Office of Mlnagement & Budget 3115/2005 11 :08 AM Approved By Michael Smykow»ki County Manager's Office Management & Budget Director Date Office of Mønolgem.nt & Budget 3/15/2006 :57 AM County Manaoe, Date Approved By Jam08 V. Mudd Board of County Comminìoners CQunty Manager's Office 31151200512:21 PM ~,--_._- Agenda Item No. 80 -March 22, 2005 Page 4 of 11 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NL"Œ OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, 'fHE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, THEREBY INCREASING THE GENERAL GOVERNMENT BUILDING IMPACT FEE BY AN AVERAGE OF 4.1 PERCENT PER LAND USE CATEGORY; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE NINE OF APPENDIX A; PROVIDING A DELAYED EFFECTIVE DATE OF APR.D..1, 1005. WHEREAS, on MMch 13.2001, tbe Board of County Commissioners adopted Ordinance No. 2001-13, !he Collier County Consolidated Impact Fee Ordinance (CIFO), repealing and superceding all of the: County's then ewting impact fee rcgulatioos, and consolidating all of the County's impact fee regulation., ínto that one Ordi:naDce. codified ín Chapter 74 of tbe Conier County Code of Laws and Ordinances (Code of Laws); and WHEREAS, on March 9. 2004, !he Board of County COllllIÙSSioners adopted Ordinw:e No. 2004-16 which amended !he CIFO and Chapter 74 oflbe Code of Laws ttJ establish the: General Govemmcnt Building Impact Fee, providing for the implementation of the impact fee in tbrce phases. subject ttJ the following Jími13tions: i. that for one year from the effective date of the ordinance the 11It\Ia set forth ín the then cummt1y adopted General Govet'Dnmlt Impact Fee Rate Schedule shall be applied at 75% (seventy-five percent) of the then applicable rate; ii. that for one year following the one year period in i., above, the fee ttJ be applied will be 85% (eighty five percent) of the then applicable rate; and iii. that at the end of the time period iet forth in ü. above, and th8reaftet, the: rate to be applied wiD be O()<'.-(¡ (ane.hundml perocnt) of che chen applicable rare. WHEREAS, Ordinvnce No. 2004-16 also Bet forth inde:ring methodologies In Code of Laws Section 74-310(g) ttJ provide for annual indexing adjustments to the General Government Building Impact Fees based upon calculations utilizing percentage changeø In Just Valueø of n:aI property as determincdarumally by the Collier County Property Appraiser'. Office and the Du.i.ldiug Price Index prepared by the Engineering -News Record, and which Bha11 be calcuJated utilizing tbe rvtes In full Bet forth in the General Government Impact Fee Rate Schedule; and WHEREAS, Colüer County IlKS impact fees to fW1d necessary capil3l improveme:nts required to provide public facilities ttJ SClVe new population and reJateddeve10pment that is necesaitated by growth in Conier County; and WHEREAS, this application of indexing adjustments provides for an average of a 4.1 pl.orcent inc~ in the General Government Building Impact Fees; I1Dd Page 1 of2 Agenda Item No. 80 March 22, 2005 Page 5 of 11 WR.JtREA$. tho .bo~ rec:ommendeci rate increaøe esœb1isbca tbcsc mea.t the maximum lcllCb alJOWIKi i1I acœrdance with equity teSIS establishod and cxjstingpUTl'1Wlt to Florida law; and WlŒREAS. staffhas thomJ.Isbly mdewcd the calculatíOlli and findìn¡a and staff tollC1US with the xecOlJllI1l!lldôd ~ w the Oene¡aI Go~nunent BuiIdiø& Impact Fee !'lite Rcbed111e. and staff re<:ODIIDeIlds that the Bou-d of County CcrmmissioueIS adopt this Rcø01uuon to ìmplement thete recornnlCnded chan¡es; and WJŒREAS. the Board of County Commissionem atcepts tho recommendationt ftom st:a1f. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLQlUDA, that: The Board of CoUDty Commissioners hereby declares, af\er advertised public hc!lring, that tho General GovlmlIUClrt Building Impact 'Fee rate$ aet forth in tho revised Schedule Ni1Ic of Appendix A of Ordinance No. 2001-13, as amended/the Cottier County Caoaolidaœd Impact Fee Ordinaoce, tho same being schedule Nine of Appendix A of Chapter 74 of the Collier County ('..ode of Law and Ordi:llances, ottaclIed iIoreto, and incorporated by referenee herein BS Exhibit "A" are fairandrcasonable and are to be a.s8Cssed to th01lc who receive or will receive benefits frorn relat-ed publicfacihtics. whìcl1 is Mceuitated by iucreased population and related growth driVl.,) developmenl BE IT FtlRTHER RESOLVED tbIIt these revised General GoventnJllJot Building lmpaçt Fees will take effect 118 of 8:00 A.M. on Friday, Apríll,200S. 1'his :Resolution is adopted taer tnotion; second and ttUljority vote favoring adoption 1hís _œy _.2005. ATTEST Dwight B. Brook. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_._ Deputy Clttk By:______ FREt> w. COYLE, Cbaimum A,pproved Q8 to form ~~'~ ~ Assistunt County Attorney Pqe 2 of2 "0",___,,,,--""-°'-"'·- Agenda Item No. 80· March 22, 2005 Page 6 of 11 APPENDIX A SCHEDULE NINE: GENERAL GOVERNMENT BUILDING IMP ACT FEE SCHEDULE Land Use &m: Residential . Residential Manufactured Home $141.22/1,000 sq ft $255.19/1,000 sq ft Transient. Assisted. GrouD HotellMoteJ Nursing HomeJALF $235. 37/Room $304.74/Bed Recreational Marina Golf Course Movie Theater with Matinee $79.28IBerth $8,651.71/18 Holes $2,926.02/Screen Institutions Hospital Elementary School Middle School High School Jr.lCommunity College University/College Church Day Care Center . $738.32/1,000 sq ft $56.98/Student $76. 8 O/Student $91.67/Student $94. 15/Student $166.00/Student $272.53/1,000 sq ft $218.031 Student Office and Financial Office 50,000 sq ft or less Office 50,001-100,000 sq ft or less Office 100,001-200,000 sq ft or less Office 200,001-400,000 sq ft or less Office Greater than 400,000 sq ft Medical Office $951.39/1,000 sq ft $810.17/1,000 sq ft $688.77/1,000 sq ft $587.1911 ,000 sq ft $535.16/1,000 sq. ft $1,196.67/1,000 sq ft EFFECTIVE APRIL I, 2005 Agenda Item No. 80 March 22, 2005 Page} of 11 APPENDIX A SCHEDULE NINE: GE~ GOVERNMENT BUILDING IMP ACT FEE SCHEDULE (CONTINUED) Retail Specialty Retail Retail 50,000 sq ft or less Retail 50,001-100,000 sq ft Retail 100,001-150,000 sq ft Retail150,001-200,000sq ft Retail 200,001-400,000 sq ft Retail 400,001-600,000 sq ft Retail 600,001-1,000,000 sq ft Retail greater than 1,000,000 sq ft Pharmacy/Drug Store wfDnve- Thru Home Improvement Superstore Quality Restaurant High Turnover Restaurant Fast Food Restaurant w/Drive-1ñru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Convenience Store/GaslFast Food Auto Repair Tire Store NewlUsed Auto Sales Self Service Car Wash Bank/Savings: Walk-in Bank/Savings: Drive-in $1,248.70/1,000 sq ft $1,501.41/1,000 sq ft $1,387.44/1,000 sq It $1,523.71/1,000 sq ft $1,412.22/1,000 sq ft $1,189.24/1,000 sq it $1,241.27/1,000 sq ft $1,226.40/1 ,000 sq ft $1,052.97/1000 sq it $1,038.11/1,000 sq ft $1,065.3611,000 sq fi $3,433.93/1,000 sq ft $3,795.65/1,000 sq ft $4,026.07/1,000 sq ft $874.591Fuel Position $594.62/Bay $1,377.53/1,000 sq ft $2,249.64/1000 sq ft $2,296.72/Fuel Position $3,409.1511,000 sq ft $1,590.61/1.000 sq ft $822.56/Bay $998.46/1,000 sq it $1,008.38IBay $1,389.92/1,000 sq ft $1,214.01/1,000 sq ft Industrial General Industrial Business Park Mini- Warehouse $465.79/1,000 sq ft $1,]24.82/1,000 sq ft $39.64/1 ,000 sqft EFFECTIVE APRIL 1, 2005 COLLIER COUNTY GENERAL GOVERNMENT BUILDING81MPACT FEE ANNUALIND~NG-PROP08EDFEES Agenda Item No. 80 March 22, 2005 Page 8 of 11 A B C D E F YEAR 2 PHASE-IN CATEGORY UNIT CURRENT RATE FULL RATE (100%) IND~NG (4.1%) (85% OF INDEXED (75%) (Column "C" x 1.041%) FEE) (Column "E" x 85%) Residential lœr 1 Ooasf ... $119.70 $159.80 ........ .' '. . ·'.166.14 ......>. $141.22 IlAanufaclured Home œr 1 000 sf 216.30 288.40 300.22 255.19 HotellMotel Room 199.50 . 266.00 · '·276.91 235.37 Nurslna Home/AlF Bed 258.30 344.40 358.52 304.74 Marina Berth 67.20 ,89.80 '. 93.27 .........< ··'79.28 Golf Course œr 18 holes 7 333.20 9 777.60 10.178.48 8651.71 Movie Theater Scœen 2480.10 3.306.60 . ~442.38 2.926.02 Hrumlfa oer 1 000 sf 625.80 834.40 868.61 738.32 EleMenÚlrv SChool .... student 48.30 64.40 87.04 / ..··.··5ð.S8 Middle School student 65.10 86.80 90.36 76.80 HlahSchool Student 77.70 103.60 '.' 107.85 .. 91.67 Junior/CommunItY CoIleCJe Student 79.80 106.40 110.76 94.15 Unlverslt\f/CblI8ae .... ... Student 140.70 .. 187.60 195.29 .. 166.00 Church IDRr 1 000 sf 231.00 308.00 320.63 272.53 Dav Care Student 184.80 246.40 256.50 218.03 OfIice > 50 000 sf œr 1 000 sf 806.40 1.075.20 1119.28 951.39 OfIice 50. 001 - 100.00081' œr 1 000 sf 686.70 . 915.60 953.14 ...... 810.17 OfIIce 100 001 - 200 000 sf œr 1 000 sf 583.80 778.40 810.31 688.77 OfIice 200 00 1 - 400 000 sf oer 1 000 sf 497.70 663.60 690.81 ..... 587.19 Offtce < 400 000 sf oer 1 000 sf 453.60 604.80 629.60 535.16 MedIcal omce lœr 1.000 sf 1.014.30 1352.40 '.' 1407.85 1196.67 SD8C/altv Retail loer 1.000 sf 1 058.40 1411.20 1 469.06 1 248.70 Retail > 50 000 sf !Der 1 000 sf 1 272.60 1 696.80 1.766.37 t501.41 Retail 50 001 - 100 000 sf IDRr 1 000 sf 1 176.00 1 568.00 1.632.29 1 387.44 Re1aII1oo 001 - 150 000 sf !œr 1000 sf 1291.50 1,722.00 1.792.60 1;523.71 Retail 150 001 - 200 000 sf oer 1 000 sf 1.197.00 1 .596.00 1661.44 1412.22 Retail 200 001 - 400.000 sf oer 1 000 sf 1.008.00 1 344.00 1399.10 1189.24 Retail 400 001 - 600.000 sf oer 1 000 sf 1 052.10 1402.80 1 460.31 1 241.27 Retail 600001 - 1.000000 Sf oer 1.000 sf 1 039.50 1 386.00 1442.83 1226.40 Retail < 1 000 000 sf loer 1 000 sf 892.50 1 190.00 1 238.79 1 052.97 PharmacY/Drua Store oer 1 000 sf 879.90 1 173.20 1221.30 1.038.11 Home ImD. SUDerstore cer 1.000 sf 903.00 1 204.00 1 253.36 1 .065.36 Qualltv Restaurant œr 1.000 sf 2.910.60 3880.80 4 039.91 3 433;93 Hlah Turnover Restaurant oer 1 000 sf 3.217.20 4 289.80 4.465.47 3 795.65 Fast Food w/drlve-thrtJ œr 1 000 sf 3.412.50 4 550.00 4.736.55 4026.07 Gas/Service Station Fuel PositIon 741.30 988.40 1 028.92 874.59 Quick Lube Bav 504.00 672.00 699.55 594.62 SUDermarket loer 1 000 sf 1 167.60 1 556.80 1 620.63 1 377.53 ConvenIence> Store loer 1 000 sf 1906.80 2 542.40 2 646.64 2 249.64 Convenience Store w/Gas Fuel Position 1 946.70 2 595.60 2 702.02 2296.72 Convenience Store w/Gasand Fast Food œr 1 000 sf 2 889.60 3,852.80 4.010.76 3409.15 Auto ReDalr DRr 1 000 sf 1 346.20 1 797.80 1.871.30 1 590.61 Tire State . Say 697.20 929.80 967.71 ~.56 New and Used Car Sales Der 1 000 sf 846.30 1 128.40 1 174.66 998.46 S8If Servlcê CarWðSh Bav 854.70 1 139~60 1 188.32 ... 1008;38 Bank/Savlnas Walk-In I œr 1 .000 sf 1.178.10 1.570.80 1 635.20 1 389.92 BankfSavfl'las Drive;.!n . loer 1.000 sf 1 029,00 1 372.00 1428.25 1214.01 General Industrial I cer 1.000 sf 394.80 526.40 54 7 .98 465.79 Business Park loer 1.000 sf 953.40 1 271.20 1323.32 1124;82 Mini-Warehouse lcer 1 000 sf 33.60 44.80 46.64 39.64 Prwparwd by: A, Pa.....n FAH/CDES 3/1D12OO5 . Agenda Item No. aD COLLIER COUNTY IMPACT FEES Page90f11 · 2.800 SQUARE FOOT SINGLE FAMILY HOME (2,500 LIVING AREA) Updated March 2, 2005 lot .. I COMMUNITY PARKS 1------~;;;~;------1 [------=~~-~-----] ~._"......._..,,"_.___."_._m_R.._.".,,_..___"""."·_..M_R....."._......_._._.__.......................'''.. CORRECTIONAL FACILITIES WATER FIRE ______~__J TOTAL (Cu.rrent) ~I ~ ~ I------$~~-----¡ ~ ~ [_____=!~~_~___J ~ ~ 1··--$-1~-;-----l ~ ~ [ $2.660 ~ ~ 1--- ~;O ~ ~ I $17,491 I ..................................."...."........................................................"........"....".."."...."........""...1 ~ $822 . 005 --,~-,._-. A enda Item No. 8D COLLIER COUNTY IMPACT FEES Page10ôf11 10,000 SQUARE FOOT RETAIL BUILDING Updated March 2, 2005 ROAD I ¡ :> I $85,650 EMS :> I $2,100 CORRECTIONAL i" :> I $10,920 FACILITIES ; I :> I FIRE , I $3 JOOO WATER :> I $1 OJ 000 (ESTIMATED - 1 %" METER) SEWER :> I $11,400 (ESTIMATED 1 %" METER) GENERAL GOVERNMENT ~ I , $15,014 (w/Proposed Indexing) V TOTAL l' I .. . -----..-----,---------------"~v> $138,084 (with Indexing) TOTAL I :> I $135,796 (Current) ,.. . DOLLAR CHANGE :> I $2,288 (from Indexing)" Agenda Item No. 80 COLLIER COUNTY IMPACT FEES 10,000 SQUARE FOOT OFFICE Updated March 2, 2005 - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 2/6/04 -"~....,._.-,,~._.._._,.-.,.~.~...- · Agenda Item No. BE March 22, 2005 Page 1 of 14 ~ EXECUTfVESUM~Y An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land development regulations for the unincorporated area of Collier County, Florida, by providing for: Section one, recitals; Section two, findings of fact; Section three, adoption of amendments to the Land Development Code, more specifically amending the foRowing: Chapter 6 - infrastructure improvements and adequate public facilities requirements, including See. 6.06.01 sidewalk, bike lane, and greenway requirements; Chapter 10 - application, review, and decision-making procedures, including See. 10.01.03.b.l. final site development plan procedure and requirements; Section four, conflict and severabllity; Section five, inclusion in the Collier County Land Development Code; and Section six, effective date. OBJECTIVE: This is the second of two required public hearings addressing a proposal for consideration by the Board of County Commissioners to amend the text of the Land Development Code (LDC) as it pertains to sidewalks to address interconnectivity issues and authorizing payments-in-lieu of construction for sidewalks and bike lanes and to develop a comprehensive system of sidewalks and bike lanes that will achieve the maximum degree of inter connectivity, which serves the best interests.ofthe community. -- CONSIDERATIONS: On December 7, 2004, at a Board of County Commissioners (BCC) workshop to address various issues regarding the mandates and associated language in the Land Development Code requiring the construction of sidewalks and bike lanes in Collier County, and in a subsequent BCC meeting on December 14,2004, the Board, as agenda item 16.A.ll, approved a Special LDC Amendment Cycle. The purpose of the Special Cycle is for staff to address urgent matters regarding sidewalk and bike lane issues pursuant to Chapter 10 of the Collier County Land Development Code. The most significant of these amendments is the proposal to create a payment-in-lieu of construction option, as summarized below, which may be authorized or required as part of any corresponding development order or pennit, at the discretion of the County Manager or designee, for any or all of the following circumstances. . 1. Where planned right-of-way improvements are scheduled by the County Transportation Division in the County's Capital Improvements Program (CIP), any governmental entity's adopted five year work program; or 2. Any developer's written commitment approved by the County where the cost of proposed sidewalks or bike lanes would be greater than twenty-five percent of the development's cost of improvements, as determined by the project engineer's estimate approved by the County Manager or designee; or 3. An existing development that has not been constructed with sidewalks or bike lanes and no future connectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or within the Plan's current five year work program. Funds provided as payments-in-lieu do not release the developer from meeting these requirements if the payment-in-lieu amO\mt is less than what would otherwise be required to completely construct all of the required sidewalks and bike lanes. In that event, the development will continue to be obligated ~ SE-04-AR-S494 1 Agenda Item No. BE March 22, 2005 Page 2 of 14 ,- to payor construct the outstanding requirements until fully paid or' constructed, except that partial payments previously made will fully vest that portion paid. Any future payments-in-lieu will be applied to the developer's continuing obligation to construct sidewalks and bike lanes under the current LDC specifications. The proposed amendment also provides for clarification as to the location of sidewalks and provides alternative sidewalk designs that are detennined by the County Manager, or designee, to be at least equivalent in function to that which would otherwise be required and would serve each dwelling unit. The Board of County Commissioners heard this item at the first of two required public hearings on March 8, 2005 and directed the following changes: Section 6.06.02.A superscript 4 change the reference from lots to dwelling units and paragraph E. separate the construction material requirements for concrete sidewalks along roads with a functional classification of arterial or collector vs. local; add clarification that for sidewalks not constructed over a limerock base that they must be constructed over a compacted subgrade; add clarification that roads with a functional classification of local, may be constructed of a minimum of four inches of concrete over a compacted subgrade. All of the requested changes were made to the attached ordinance. FISCAL IMPACT: ,-' The proposed regulations will authorize an alternative source of revenue from payments-in-lieu of construction that will be spent for system improvements. Payment in lieu of construction costs are identified in the Schedule of Fees and are based on current Florida Department of Transportation (FDOT) Planning statewide construction costs which are currently approximately $6.00 per square foot or a certified Engineer's estimate. GROWTH MANAGEMENT IMPACT: This request will have no impact on the Growth Management Plan and has been deemed consistent by the appropriate Collier County staff. LEGAL CONSIDERATIONS: The Collier County Land Development Code mandates the process for amending text of the Land Development Code. All text changes are required to be considered in relationship to their consistency with the County's Growth Management Plan. DEVELOPMENT SERVICES ADVISORY COMMITTEE IDSAC) AND COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: Due to the number and size of the DSAC's recommendations, they are specifically restated (as best as can be articulated) where the suggested alternatives would otherwise occur, i.e., footnotes 3 and 4 of the Typical Cross-Section Table as part of this amendment. The CCPC unanimously recommended approval of deleting DSAC's footnote 4, and amending footnote 3 as shown in blue and by double- underlining on the attached amendment. ,-. SE-04-AR-5494 2 .- ,--. --- Agenda Item No. 8E March 22, 2005 Page 3 of 14 STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment consistent with the recommendations of the Collier County Planning Commission finding these provisions consistent with the County's Growth Management Plan, Prepared by: Susan Murray, AICP, Director, Zoning Department March 11, 2005 SE-04-AR-5494 3 Item Number Item Summary MHllng Data Agenda 110m No. BE March 22. 2005 Page 4 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8E An Ordinance of the Board or County Commissioners of Comer County, Florida, amending Ordinance Number 04-41, os amonded.lhe Collier County I.ond Oe.elopment Code, which includes the comprehensive land development regulations for the unincorporated area of Colli.r County, Florida, by pro.iding fer'. Section ene, recitals: Section two, findings of facl: Section three, adoption of amendments to the Land Development Code, mora apecificaHy amending the following: Chapter 6 - infrastructure improvements and adequate public facIlities requirements, Including Sec. 6.06,02 sidewalk., bike lene, Bnd greenway requirements: Chapter 10- application. review', and decision-making procedures, including Sec. 10 O:i.,03,b.1, tinsl site devftlopment plan procedure ønd requirements, Section four conflict and severabiHty~ Section five. inc¡usiol"l in the Collier County Land DeveloprTlent Codtð: and SElction six, effective dnte 3122/20059:00:00 AM Prepared By Patrick G. Whim A5a:lltant County Anorney 311512005 8 :54: 36 AM County Attorney Date county Attorney Offîce Zoning & Land Development Director Date Approved By Suun Murray, AICP Community Development & E"vlronmentll Servlcea Zoning & Land Devetopment Review 3/15/20059:34 AM Constance A. Johnson Oato Approved By Commul1lty OEllvelopment 1:1. Environmental Service. Operltlon5 Analyst Con1munlty Development .8. Envlronment,t Servlcea Admin. 3/15/200510:51 AM Oat. Approved By Sandra Lea Community Development & Environmental ServlcoliI Executive Secretary Community Development & Envlronrnentl,1 Service» Admin. 3/15/2005 11 :00 AM Date A pproved By Joseph K. Schmitt Community Development & Envlronmlltntal Servlçes. Community Development & Environmental Servlc.e5 Admlnstrator Community Devetopment & Envìronmental Services Admin. 3/15/~005 1 :45 PM Norm E. Feder. AICP Tren5portation Division Admlnía.trator Date Approved By Tranlportlon Services Transportltlon Servic8s Admin. 3115/2D05 4:18 PM Aaa.I'Itant County A.ttorney Date Approved By Patrick G. White County Attorney County Attorney Office 3/1512005 4: 33 PM Date Approved By Mlch.el Smyl<owskl County Manager" OtrIce Management & Budget Director Offiçe of Minagement & Budget 3/161200511:52 AM County Manager Dlte Approved By Jame. V. Mudd BOlrd of CDunty Commissioner. County Manager's Office 3116/20051:31 PM - Agenda Item No. 8E March 22, 2005 Page 5 of 14 ORDINANCE NO. 05- _ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, ~CH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.06.02 SIDEWALK, AND BIKE LANE REQUIREMENTS; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.03.B.1. FINAL SITE DEVELOPMENT PLAN PROCEDURE AND REQUIREMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVÉ, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance Number 04-41, which repealed and superceded Ordinance Number 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, on December 14, 2004, the Board, as agenda item 16.A.ll, approved a Special LDC Amendment Cycle the purpose of which is an additional Agenda Item No. 8E March 22, 2005 Page 6 of 14 land development code amendment cycle to address urgent matters regarding sidewalk and bike lane issues pursuant to Chapters 6 & 10 of the Collier County Land Development Code; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on March 8, 2005, and March 22, 2005, and did take action concerning these amendments to the LDC; and WHEREAS, the su~ject amendments to the LDC are hereby detennined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers ofFla. Const. art. vm, § leg); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. -< Agenda Item No. 8E March 22,2005 _ Page 7 of 14 SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Comer County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the II Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular See, 163-3202(1). FIa. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), FIa. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan II or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if Agenda Item No. BE . March 22,2005 Page 8 of 14 the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). FIa, Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superceded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code, SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE The LDC is hereby amended as follows by underlining newly added text and provisions, and by deleting existing text and provisions by strike tàfeaghs: ._..__.~.__._--- Agenda Item No. 8E March 22, 2005 Page 9 of 14. 6.06.02 Sidewalks and Bike Lane RequirementJ A. Unless otherwise exempted by the regulations of this LDC. all develomnents é& de\<eI~er must construct sidewalks and bike lanes.. where applicable, prior to completion of construction authorized by a final subdivision plat. site improvement. or site develQPIIIent plan. or any substantial amendment thereto. and as described below; æHess etåefwiBe 981BJ'ted fFem tàe StÆDMSION regulatisBs at" lHe LOC. h Sidewalks and bike lanes, where requir~lieaBle, must be constructed eeaÐgaÐ1:1S within t& public and private roaèways right§.-of-way& or easements, which are adjacent to and internal to the site, iß eSßf9fmØ:Ðøe witl1 tfie felJ.e'W\i:øg eriteria: as follows: I. JUKE LANBS m'Ð5t Be previàeà eft hetà Bides ef COLLECTOR 8Bè :\RTBRIl'LL STIŒETS. 2. SIDEW:\LKS &He (€;) feet ÌÐ wiàth HHiSt he pI'Ð'Aàeà eft Beth sides ef COLIÆCI'OR and fÆ.TERI:\L STREETS, 3. SIDE.\V fLLKS w/e ($) feet iB 'Niàth must he pre'Aded 9B heth s_a at" leGal s1:Feets. Tvoical Cross w-aIks - Both sidesJ ,¡, ".. Bike Lanes - Both sides I ¿".. Section 6 Feet wide 5 feet wide Arterials and X X collectors LocaIlInternal X Accessway I - exce,pt that onlv reqUIred on one SIde (closest to the development) where nght- of-wav is adiacent to. but not within. the subiect develoDment and exceot as set forth below in this section. 2_ unless otherwise detennined by the County Manager. or designee. that the existing ROW cross-section is physically cons1rained or construction would result in unsafe conditions. 3_except that for residential develo.,pment proiects where 75% or more of that project's land area has been ~oved as of fthe effective date of this ordinance] for site develoDment Dlans or final subdivision Dlan with sidewalks or bike lanes that are only required on one side of the ROW. then all applications for subseauent site develoDment ulans or {"mal subdivision Dlat may be aDDroved with sidewalks or bike lanes on onlvone side of the ROW. 4_ for develoDment Droiects seeking atroroval of a final subdivision Dlat or site develoDment Dlan of 25 or fewer dwelling units where those units front on a ROW that terminates in a cul-de-sac. then sidewalks or bike lanes will only be required on one side of the ROWand not around the circumference of the cul-de- sac. Agenda Item No. 8E March 22, 2005 Page 10 of 14 2, 4.For multi-family site development and site improvement projects, within all conventional zoning districts RT, RMF t;, RMF 12, Ed RMF Hi and all multi-family residential components ofPUD districts~ a. t-Sidewalks, five feet in width, must be provided eø betà sides ef laeal STREETS within a dedicated public or private right-of-way or Æaå'l:ay E.AASBMENT other internal access way--fetiè.. Where there is no public or private right-of-way or internal access way DrODosed within a develooment. al reaåway E:'..SEMBNf, sidewalks must be constructed in accordance with Code standards contained herein to connect from each on-site residential bulldingOO to a sidewalk within an adjacent private or public I'e8åri2ht-of- way or, if no sidewalk exists therein. te-must connect to the edge of the adjacent paved road within the right-of-way lÌBe ÌB aeser_se with Cade staB_ds eaBt:aÏøed ftefeiB. b. Alternative sidewalk designs that are detennined by the County Manager. or designee. to be at least equivalent in function· to that which would otherwise be required and would serve each dwelling unit. may be approved. Should a two-directional shared use path!!!! be utüiædproposed as an ahernative design. then the minimum paved width of the pathway must not be less than ten feet. l. ~ All sidewalks and bike lanes aleøg paWie B:Bå pIT/ate raaåways must also be constructed in accordance with design specifications identified in sub-section En below4.Q3.QS Ed 5.QS.Q& eftffis LOC. 4. é.- All bicycle lanes must also have signage and be marked in accordance with the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. B. All developments pfevièiBg required to provide interconnections to existing and future developments parsaaat te tàe DENSITY FatÌBg system seetÌÐø of the GMP must dedicate iBelaàe sufficient right-of-way or easement for all required t& aeeammedate tè.e road¡wey, sidewalks and bike lanes, where FeE¡Wred. Bike lanes and sidewalks must be constructed concurrently with the required roadway interconnection. C. Payment-in-lieu of cons1ruction. as set forth below. may be authorized or required as part of any correspondimr development order or permit. at the discretion of the County manager or designee. for any or all of the following circumstances: :wfteM 1. where planned right-of-way improvements are By the Ceæty TFaBspartatieø Di'ßsieB scheduled in the County's capital improvements program (CIP)~ governmental entity's adODted five year work Drogram. or any developer's written commitment awroved by the County weaW e&\:1Se the feme'/aI ef aøy SID&''v:\LKSar BIIŒ Lf~NBS.,. 2. the cost of prODosed sidewalks or bike lanes would be lZl'eater than twentv- five (25%) per cent of the development's cost ofimproyements as determined bv the proiect engineer's estimate ap.proved by the County Manager. or designee. or Agenda Item No. 8E March 22, 2005 Page 11 of 14 3. an existinli! develomnent has not been constructed with sidewalk. or bike lanes and no future ~onnectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or within the Plan's current five year work program. D. 'The 1W.'eleper, i!n lieu of construction of tBe-required sidewalks and bike lanes, all develoDments aoproved or reauired to make Davments-in-lieu must provide funds for the cost of sidewalk!.,and bike lane! construction as set forth in defiBeå BY the Schedule of Development of Review and Building Pennit Fees adopted in the Collier Coun~ Administrative Code into a Pathway fund or identified CIP project. appre'¡eå "By the C81:1Bty MBB6ger a1 desigøee, Such funds will be used by the County for future construction of required sidewalks and bike lanes. and system improvements to the bic::ycle and pedestrian network at locations as close in proximity to the subiect site as is feasible. 9y the C91mty. The time frame fer this ßmEliøg eptieø is two ~ frem the date sf iss\HI:Bee of the :first BUILDING peflBit to thedøte that the r-eaå oootHnietÎoo is reqliÌfeEI to "Be bid. Funds provided as payments-in-lieu do not release the developer from meeting these requirements if the payment-in-lieu amount is less than what would otherwise be reauired to comoletely constnJ.ct all of the reauired sidewalks and bike lanes. In that event. the development will continue to be obligated to payor construct the outstanding requirements until fully paid or constructed. excej)t that partial payments previously made will fully vest that portion paid. Any future payments-in-lieu will be aooHed to the deveIooer's continuinli! oblili!ation to construct sidewalks and bike lanes under the current LDC soecifications. l).;. E. Sidewalk and Bike Lane Desien & ConstructionIMateria/s. .L. All sidewalks shall be constnJ.cted of Portland cement concrete. or payer brick in confonnance with the standard ri~t-of-way cross sections contained in appendix B in locations illustrated on an approved site development plan. Concrete sidewalks for roads with a functional classification as an arterial or collector shall be a minimum of fom-inches- thick, Pørtkmtl eemeøt eaBel'ete with a 28-day compressive strength of 3,000 psi and be constructed over a compacted fom-inch limerock base. or a minimum of six inches thick of such concrete which may be constructed without a limerock base but must be constructed over a compacted subszrade: roads with a ftmctional classification as local or with no functional classification (i.e.. drive- or accessways) may be constructed of a minimum of fom inches of such concrete over a comuacted subgrade. Expansion joints shall be one-half-inch preformed bituminous conforming to the latest edition of ASTM. Contraction joints shall be saw-cut joints with longitudinal spacing equal to the width of the walk. The saw cut depth shall equal or exceed one-forth the concrete thickness. All workmanship materials, methods of placement, curing, forms, fomdation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction, section 522. Paver brick, sidewalks, or paver brick accents in sidewalks must be installed over a fom Agenda Item No. BE March 22, 2005 Page 12 of 14 inch thick, compacted limerock base, eKcqJt as otherwise allowed above for sidewalks. 2. All bike lanes shall be designed; and constructed; aBEl sigHed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the "Manual of Unifonn Minimum Standards for Design. Construction and Maintenance for Streets and Hi2hways" (commonly known as the "Florida Greenbook") requirements. . . . . . . . * * . . * 10.02.03 Submittal Requirements for Site Development Plans * . * . . * . * * * * * B. Final site development pJan procedure and requirements A pre-application meeting shan be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the app8cant. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: . . * * * . . . . * * . i. Infrastructure improvement plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards of Sections 10.02.04 and 10.02.05 and any current county ordinances, reguJations, policies and procedures which consist of, but are not limited to, the following items: . . . . * * . . * * . * xlii. Sidewalks and bike lanes. For all projects required to be developed through the site development plan (SDP) process, the developer must construct sidewalks and bike lanes where applicable as described in Section 6. 06. 02gelew. Applieaèility: Fer all Elistriets, sidewalks" B:Bè. 'bike lees Blast ee eeBstn1eteEl eeBâgaeus te ¡NeUe eEl prh'ate raadways Fight ef ways wBieh life aàjaeeø.t tEl 8ßèler ÎBtemal te the site, ÎB e9BfeØBØ:B.ee with the eriteria åeseriheEl Belew as f(dle"lIs: Agenda Item No. 8E March 22, 2005 Page 13 of 14 (a) giEie""løl.ks, six feet ÌB "lriElth øæst àe fJl'9videEl e8 à8th siàes ef eeIleetør &Bd arterial så'eets. (Ð) g¡æ.::aIIEs, five feet ÌB width, must àe pre~rieteà 8B àeth sièes ef ]aaal stFeets (e) Bike ]&Bes must àe fJFevided eB àeth sides ef eelleeter &:Bd a.rteri8:1 streets (d) Før multi fami]y site DEVELOPMENT aød site iHlJ'l'Ø"leæeøt fJfØ:jeets, æamms RT, RMF 6, RMF ]2, aød RMF ] 6 &Bd 8:1] æHki famHy resiàeatial eelBp9BIHHs of PUD åistriets; 8IDB'},' ALKS, five feet ÌB wid1:h, HR-lst àe pfÐViàeè Sfl beth sietes of ]oe8:1 STREETS ".vithiB a eteåieated J3uàlie RIGHT OF W faY ør Feadway EASBMENT aeeess mad. ~VhER there is Be fJHàlie RIGHT OF W.I.\Y, ar readway E.A...SBMENT, SIDE\V:\LK.8 must eeBBem fÌ"eæ the eB site l'esideBtial BUILDINGS(s) te a SIDEW.ALK. witIHB a 1*1àlie r-eadv."8Y or, if 8e SIDEW.\LK Mists, te the RIGHT OF W/"~Y ]iBe iB aeeeråaBee .with Cede BtanåaFàs eeBteiBeEl hereÌB. Shø1::lW a !we åireetieBal shared 1:18e path àe atilizeEl, the miBim\:IfB paved width mHSt àe teB feet. ( e) f...ll sidewalks aBd àike ]&Bes aleBg puàlie aBEl private reawllBYs IffiiISt àe eeB9tmeted ÌB Beeøl'èa:Ðee with åesigB speeifieati.eas ideBtifieEl ÌÐ. the Callier C01:lBty Cee.stmetiOB StaÐèeFès Mamlal aBd SemieB 5.05.08 afthis Cede. (f) De"felepæeøts pfevièiBg ÌBteFeeBBeetieas te æristÌBg &Bd future develepmeBts pursliaÌlt te the deBSity FBtÌBg system semieB of the CoIHer CÐ\:mty gl'9wtß æaøagemeBt plan mNre laBd use elemeøt, Hl1:18t ÌBellide 8HffieieBt right of way to aeeoæmeàete the roatt.vay, siàew8:lks, aBd àike laBes, wheFe Fe~d. Bike l&Bes aBd siete".":aIJæ æust be OOBMmeted eOBewreøtly with the readway ÌÐtereeBBeetiofl. (g) 'Where p]aBBed RIGHT OF WfaY impFeO¡emems ày the eeemy tFaBspel'tBtisB di-ßsieB sehedWed ÌB the eapital improvemeBts fJFOgæm (CIP) "."louM eBuse the remo";al of 88Y SIDE~}.T¡\LKS af BIKE Lf...""ŒS the de11eleper, ÌB lioo af eOBstæetieB sf the FeE¡l:iired sideWBlhs &BEl bike laRes, æast previàe ñæås fer the east of sidewalk &:Bè bike laRe eeflstnletion as defiBeEl ày the seheèæe of development review aBà buildiBg permit fees Ed è8f'esit the same into a pathway fuBd, for fH.mre eeBstraeti9B of FeEf':lÌFeè sidewaDøi anà bike lanes, ày the esœty. The time fFame for this RmdiBg aption is two yeBfS fi:em the Elate of Agenda Item No. BE March 22, 2005 Page 14 of 14 iSS\HI.fiee 9f the first h1lUåiRg p.eHBit t9 the date that the reøà e9BSweti9R is FeE¡wed te be bæ. SECTION FOUR: CONFLICT AND SEVERABD...ITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. 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 of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Or<µn&nce may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECflON SIX: EFFECTIVE DATES 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 22nd day of March, 2005. ATTEST: DWIGHT E. BROCK, CLERK. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: Patrick G. White Assistant County Attorney Agenda Item No. SF March 22, 2005 Page 1 of 12 -.. EXECUTIVE SUMMARY Petition SNR-2004-AR-6950, Vanderbilt Beach Property Owner's Association, represented by Arthur T. Sweatman, requesting a street name change from Willett Avenue to Willet Avenue for property located in Conner's Vanderbilt Beach Estates, Unit 2, Block N, in Section 32, Township 48 South, Range 25 East. OBJECTIVE: The Petitioner is requesting to change the street name of Willett A venue to Willet Avenue, spelled with one "t". CONSIDERATIONS: ---- The Petitioner contends that the current street name was misspelled. Further, the street name represents the name of a bird common to the Gulf Coast which is spelled with only one "t". Therefore, the Petitioner is requesting the street name be changed so it correctly represents the name of the bird it was named after. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 19 owners of property abutting the street in question, 13, or 68 percent have granted their approval of the change. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the fonn of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sherifrs Office), Post Office, EMS, and 911 Emergency Services will be incurred in the fonn of costs to update records and maps. The Petitioner has requested that the County bear the cost of replacing the street signs as the Petitioner feels the street name was misspelled when it was platted in 1955. Based on a cost estimate from Traffic Operations Department, replacing the existing sign, which includes both material and labor, will total approximately S50.00. --- SNR-2004-AR-6950 1 Agenda Item No. 8F March 22, 2005 Page 2 of 12 GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Corrnnissioners (BCC) must be based. The legal considerations are reflected in Ordinance 2003-14. A summary of the legal considerations and findings are noted below: 1. The proposed street name is not a duplication. 2. The petition submitted has been signed by fifty percent plus one of all the property owners abutting the street to be renamed. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2004- AR-6950, changing the name of Willett Avenue to Willet Avenue. However, staff recommends denial of the petitioner's request for the County to cover the cost of changing the street sign and recommends that the petitioner bear the cost to replace the street sign in accordance with Ordinance 2003-14, Section Sixteen that states "it shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by the Director of the Transportation Operations Department". PREPARED BY: Joyce Ernst, Planner Department of Zoning and Land Development Review SNR-2004-AR-6950 2 ,-" ,- Item Number Item Summary Meeting Date Agenda Item No, 8F March 22, 2005 Page 3 of 12 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8F Patitlon SNR-20Q4-AR-S950, Vanderbilt Beech Property Owner's Allaciatlon, repre.ented by Arthur· T, Sweatmll', requesting a street name change from \Mllett Avenue to Willet Avenue for property located in Conner'. Vanderbilt Beach Estates, Unit 2, Block N, in Section 32, Township 48 South, Range 25 east. 3122120059:00:00 AM Prepered By 31412005 8:09:39 AM Joyce Ernst Community Development and Environmental Bervitei alt. Plannef Zoning & Land Oevelopment Review Approved By Date Joyce Ernst CommunIty Development and Environmental Service. Planner Zoning & LAnd Development Review %11512006 2:63 PM Approved By Date Con.tane! A.. Johnson Community Dev,lopment & Envronmental Servcu Operations An.lyat CommuTllty Development & Environmental Services Admin. .,412005 1: 25 PM Dale Approved By Sand... leø Community Development & Environmental S.rvicaa EJCecutlvl Secretary Community Development & Envlronment.1 Services Admin. 314120052:25 PM Approved By Jennifer A. eolp.dlo County Attorney Approved By Donold L. Scott T...nlportion servicos Anlstant County Attorn!y Doto County Attorney Office 31712005 10:38 AM Transportation Planning Diractor Olte TranBportotlon Planning 3171200510:40 AM DolO Approved By Royeellowe Community O.\I.lopment & Environmental Services Chief PI.nner Zoning & Lind DlvelÞpment Review .17120052:2.1 PM Approved By Su..n Mumy, AICP Community Development & Environmental Services l,onlng & Lønd Development Dire<;tor Date Zoning & Lind Development Review 318/2005 9:03 AM Approved By Norn, E. Fedor, AICP Date Tl1Insportlon Services Tr.neportatlon Division Administrator TranaportutloJl SeNlt.. AdmJrt 315/200510:00 AM Approved By Joseph K. Schmitt Community Oevelopment & Environmental Services Community Development & Environment., Services Admlnstrator Community Oevelopment & Environmental Service. Admin. Date 31812005 11 :54 AM Date Approved By OMS Coordinlltor County Man.g.r's OfficI! Administrative A..i..tant OffIce of Management & Budget 3/812005 ~:oo PM Date A pproved By Mark Isackeon County Manager's ()ffl~e Budget Analys.t Office of Management & Budget 31141200511 :.~ AM Dlllte Approved By Michael Smykowskl County Manager's Office Manag-ement & Budget Director OfrlCQ ot M..nagament & BudGet '114/200512:02 PM Date Approved By James V. MUdd Board of County Commlssioner'l County Menager County Mlnllll,,4Jr'5 Office 311412005 7:5& PM Agenda Item No. 8F March 22, 2005 RENAME WILLETT AVENUE TO WILLET AVENUlfage4of12 RENAME TO 1015.. ¡..v N WILLET A VB. z Ii; I¡; - i!: F IØ III 16th All III 9W1 AV N '4th A'V N IIJrd AV N 92IId 10'1 N SITE MAP . . ... " Immokalee Rd. - L - Vanderbilt Drive Tamiami Trail No. LOCATION MAP SNR-2004-AR-69S0 - RESOLUTION 05- Agel¡'lda Item No. 8F March 22,2005 i Page 5 of 12 RESOLUTION OF TIlE BOARD OF COtJNTY. COMMISSIONERS OF COLLIER COUNTY, FLORIDA! RENAMING WILLETI' A VENUE TO WILLET A VENUE; WHICH STREET IS LOCATED IN CONNER'S VANDERBILT BEACH ESTATES, UNIT 2, BLOCK N. SECTION 29, TOWNSHIP 48 SOUTH. RANGE 25 EAST; COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTNE DATE. i WHEREAS, the legislature of the State of Florida by enacting Sectio~ 336.05, Florida ! Statutes, has conferred on all counties in Florida the power to name or rename ¡streets and roads, I I WHEREAS, the County pursuant thereto has adopted Collier County prnmance 03-14, which is codified as Chapter 22, Article X, of Code of Laws and Ordinance~, and establishes ! except for certain state roads; and criteria and procedures to rename streets or roads; and , I I WHEREAS, the Collier County Board of County Commissioners (B~ard), has held a public hearing after notice as is in said regulation being made and provided. and has considered the advisability to grant Vanderbilt Beach Property Association's request to rename Willett Avenue to Willet Avenue which is located in Section 29, Township 48 Sou~ Range 2S East, Collier County, Florida, legally known as Conner's Vanderbilt Beach Estates, pmt 2, Block N, recorded in Plat Book 3, Page No. 17; and I i I WHEREAS, the Board has determined that all criteria set forth in Chapter, 22, Article X, of I Code of Laws and Ordinances has been met and specifically finds that there is bo other street in I the incorporated or unicorporated Collier County with the same name or any 'similar sounding name as is being requested; and I I WHEREAS, the Board has determined that it is necessary for identific~tion purposes to confinn the name of this street, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Effective the date of hearing, the name of this street described in the above recitals is changed 1Ì'Om Willett A venue to Willet A venue, and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Phblic Records of I Collier County, Florida, and referenced upon the maps of the street and zoning ~ases of Collier County, and the above-referenced Plat Page I of2 ------- .-.--- . - - Agenda Item No.8F March 22. 2005 Page 6 of 12 ; This Resolution adopted after motion, second and super m¡ijority vote of the Board. Done this day of ,2005. AITEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. BY: DWIGHT E. BROCK, DEPUTY CLERK FRED W. COYLE. CHAIRMAN Approved as to Form and Legal Sufficiency \(1 ~ ~"-' J enrlifer A B . 0, Assistant County Attorney SNR-2004-AJt-6~o.'lEI.p Page 2 of2 ---.---.. . . SNR-ZOO4':AR1950 - PROJECT #2004120027 DATE: 12120/04 JOYCE ERNST Agenda Item No, 8F March 22, 2005 Page 7 of 12 RECEIVED DEC 8 2004 ING DEPARTMENT " . . ;.. '.:'-' -. - - -.... ~ .- STREET NAME CHANGE 'PROCEDURES Collier Coun9' Ordinance No. 2003-14 states that anyone wishing to rename a County street must submit a petition of fifty percent plus one of th~ property owners abutting the street to be renamed. The . . proposed name may not duplicate an existing name. Applica.u.ts must verify with the Addressing Section of the Collier County Planning Department (403-2482) that the proposed name is Dot a .duplication prior to submi~g the application. The application should be forwarded with a cover letter describing the proposed change to: Sunn Murray, AICP '/o?/-'-""+ . Current Planning Section Manager .' Community Development Services 2800 North Horseshoe Drive Naples, FL 34104 DEC '3 20ß1t 1. A petition signed by fifty percent plus one of the property owners abutting the street to be renamed. (A list of property owners should be obtained from the Collier County Property Appraisers Office.) - ,Lß'~ ~4 The application must include the followin~: 2. A site plån of the street to be renamed, showing the length of the street in tenths of miles. the location and number of street signs. and the zoning of abutting properties. 3. The legal description, including section. township, range, and subdivision (as applicable). of the abutting properties. 4. The reason for requesting the change. ,- 5, An administrative fee for Street Name Change (Platted) of $500.00, plus $1.00 (one) for each property owner requiring notification of the proposed name change, plus a $120.00 Fire Prevention & Control review fee and a $25.00 Data Conversion Fee. Street name Ch~IW!fUed) or Project Name Change $500.00. (submit one check for entire amount made p~ .~d of County Commissioners). UI~ l 0 8,Z004 Application for Street Name Chanee- Revi,ed April ]4,2003 Pale 1 IIr6 -~--,-~,_. ,;¡ Þ ..... _<..__., " Agenda Item No.. 8F March 22, 2005 Page 8 of 12 " .. " i; APPLICATION FOR STREET NAME CHANGE DATE: AGENT'S NAME: AGENT'S FIRM: AGENT',S ADDRESS: AGENT'S E-MAIL ADDRESS: PETITIONER'SNAME:AT'LIIftlIl-rSv€A-rJl1AN TelephoneNo. 7-3f-S"97-1.f91/ PKl1uONER'SADDRESS: ~ /~ M/.L£rr A-vG""A/tiE Telephone N~ Fax No. PETITIONER'S E-MAIL ADDRESS: Fax No. / ! COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS l".I¡u.1,lON. ( Provide additioaal sheets If øeeessary) Name of Homeowner Association: ~lLT Befi!I{ !?kPf:?Jl11j OøV~ ÂiGo&liFfTciJ MalliDgAddress 1:0. &~ 77/ 3s0 City 'P/lft&"-s. State~ Zip 3~/o7 Name of Homeowner Association: MaiJigg Address ' City State_ Zip Name of Master Association: £iV Futt: ~ ~ }{ 8:1:,.. A ..t..t_ ' E-Mail address: Name of Chic Association: Mailing Address City State_ Zip E-Man Address: Fax#: *Be aware that Collier Coanty has lobbyist regulations. Guide yourself accordin¡iy and ensure that you are in compliance with thel4! regulations. ' COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING ZSOO NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 Application for Street Name ChllDlc - Revised April 14, 2003 Page 2 of 6 Agenda Item No. 8F March 22, 2005 Page 9 of 12 . t PROPOSED CHANGE: CURRENTÑAMEOFS11ŒET: --11/1 t.. '-~TT AVtNI.lJ:"" PROPOSED STREET NAME: hi ILL.. t: 1 ~ Â V t"N''' t .~ .~ STREET IN QUESTION is: Ai:! public, or 0 private Reason for proposed change: ¡;; (Ú;J~-a..r; t()/flfr:r: ''"ß.GJ...II/EVe- 7õ BE: 4AJ tJ4.L¡;/JJII4y J'UJS S/e-LLc:7) H"'-E tPt:" ~ giRl>. f!e,M~_ ~,_. J4;47;;-;~~;:::~~7;~/~:~:':=J~ " Q·WiI1!'t<~.',(j(t!,t, f¡4-é ~ name of ,_ . d:ta.....1.bo.' ,~~... jare80tÞêò'.. ~.':' ,,;. ij, . '. ,.' ." .'.. t':-:-. .., '\"',.". .',..",',¡,¡, t ~,' ,m. ..'."])e.'~. J..... ,,'¡, ..... .' :'i!i...,. f'aJ)d. -w. .tit.'. .;'.' ..ioÌ18.' :-.leg. . .. ~.::. . ,'~.;:~.i ;. '.. ·dr.n~... at..·. '.'=. " ':''':.' .,....~."t. 'bî.. ' a·"~. ~).d'~....~t .~.H~t " ",';tY*, o~: ' '.' r~. ;;ltf.éet, ,.', ~ef ,~. .' ;' l;bl:ct"I.ak:c'o~diDgtO :~bätëh:,:' ~d·lbà.d· '.': t~~.~.~:~¡ ". ',,' ion, .., ·'..~.·:,~:;r¡··, '~" '~'. ,:r,'N;fW:~d~=.~~=,' !'~;PPG.~::,~I.'~""j,::¡,~..~'¡~ð:'.1. is ..,J;'-öÏi:; ,". '~',;¡"\TiÜîderbiít~,1tOàdõérife@'<1öØí1i,: 'w. '~,. ".:,."........t...:. ....~M4,~,~s1gn " ~lt . "::. ,:t)tâtiAVenùè;'NOrth aDd;.Jsr.A.v.~;'·: ~·oJi1YO:~~:·D~~'.\:~~'tíê~~"üf~~;:~C)f'li_ JI~"=.the,'.-tît· "-1t."~',"".'!.'J1U~NOrth. thø..~fficW,. æTi 'new .ip'With.two..,'1"'~W!P·X, " ~~s.~:,"1¡'!",~\, j '. ~fs'how oûr" . ·'dëUVetelt. i is Wnni,lliettDeA&YPge~øc...........o ,tØ:I;'~(~. \0." reOect¡;__~.J..1I.j, ]....=' '..,1,. >¡¡t' .~, \~" the . '.;1;' ~.Üt-¡ "'¡;'¡' " Co e >eiie, "Y"''"'.'" 'DIØ1e . .~" j .K;fn JU 1;",Çpbi,.WO,~:'~.""·.,;' ;¡d~."~.· ',' j' fortbe. county's TranSportation ". 'TO·~. . .~, a:aJao' øf ....Know. '. ·CO. ".:"~~;o...jt,''';:.;'JCall- '&,e.'.,et.Dame. ·e,~q,,'W'. ~.t1'tWo,'.,·úld ¡ ServicesDep~e..nt. ., '. street, file a·peti~nwitbthe, i71B:,2l1-6OO7... " 'O"f-'.I~__. .". .! oPt'~or~ ._.~ '. I Deane said the .county's A~- ,'''eompreheuiVe. ~.Mt~r ~ intlIèIèno~@~~~S.CO~ :: ' '~ ·....HJf'......; . . \'\ '. '. r' ',;:;';,",' :".~'~..:- A. A 'WiVetiJ"aJal'ge, !FRY-. Approximate length of street: · '1.f" IU, t.ß Number of parcels or lots abutting street: I r Total Number of property owners abutting street to be renamed: ( 1 ' Total Number of property owners signing petition to change street name: 1.3 Percentage of property owners signing petition: (p~, f% Applicant 0 does, or Ø"does not, agree to pay cost of street sign replacement for public street. (approx. SlOO.OOpersisn) 5t:"t£ Ar;Ol'G" ~)o..LtT :. f!e,UtlN;F]:)EA1IJ¡: WU.L SII-fre: ()¿,.X> Snt.Ei!r S tt;Ú, Appljcation for Stre.t Name ~e - Revised ApriJ 10(, 2003 hge30f6 , . Agenda Item No. 8F March 22, 2005 . Page 10 of12 - . t LOCA TION: (Attach additional pages ü necessary) A. Subdivision: {nnn,---iS \/o....M d~ ~J ~ ~~h !..L.~ A. Scction:' z.. 'f Townsbip: LrfS Range: 7... e; UDÌtNo.. . z... ß\t(:. 'IIa,"t ¡.¡e. AJ l.o--'s r - ,( B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. . Tract No. C. Section.: Townsbip: Range: D. Subdivision: Unit No. Tract No. D. Section: Township: Range: F, Subdivision: Unit No. Tract No. ~~. ...- - . -...---- .. ·F.-S~ûua:-· --::-::"l"uwt&dp;- Application for StrUt NIUDe Cbauge - Revised April 14, 1003 f'aøe40(6 · , Agenda Item No. 8F March 22, 2005 Page 11 of 12 . , I PETITION TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDElWGNED PEnnONERS HEREBY REQUEST THE BOARD OF COUNTY CoMMISSIONERS TO CHANGE mE NAME OF mE FOLLOWING STREET NAME' nOM --:..WI L J..e'"T/ TO J¡.!1J..¿é'J (;JAJ.1MIL'~ V~l>t:!U(Lr ~~ 'GSl74-r"Ii: . ttÞr: ßLI.' I-Pr --- A.pplicatiOD for Street N_ Change - Rensed A.prit14, 2003 PageS of6 -'-~___h'^__ i E_!EE!æH-' 1 .... 'a, . . . f fMf " ......, ZONE VE (EL 15) ZONE VE (EL 17) .. .. : 1I11¡!¡%¡¡I¡:!¡i¡ I' !11¡~!¡¡~jll I !!!!!!!mUnm ~.··""'=':.'IJ'. Agenda Item No, 8F March 22, 2005 Page 12 of 1 2 Í' ] _....,.lMIIt_."'............_1I1UII -,.-.....-..---... -~.........--.-----....I.. - - - .... ........ u,'II fM# ........ ......,., -..-.,-' ,........ \lilt ....... __ ØPIØ1M ..'It!...., _ ,.,.... ~ AI .... Of .... ...,~ t~c~fC;N~;~L~~~~ COWWUNITT' Dnn.ofIYEHT DlIo1S1OH ,.. 4IS,,"1i _. 5) 21 so 1 .. A ~29S' Agenda Item No. 8G March 22, 2005 Page 1 of 74 EXECUTIVE SUMMARY PUDZ-A-2003-AR-4942, Conquest Development USA, LC, requesting a PUD to PUD rezone for the purpose of amending the Silver Lakes PUD for property located on the east side of Collier Boulevard (CR 951) and approximately one and three-quarter miles south of Tamiami Trail (US 41), in Sections 10 & 15, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) consider an application to rezone the subject site ftom Planned Unit Development (PUD) to PUD for the purpose of revising the PUD document to be consistent with the existing development within the project and to make sure that the project is in hannony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. This petition was scheduled to be heard by the BCC at the February 22,2005 meeting, but due to an error in the advertisement by the local newspaper this petition was rescheduled for the March 8, 2005 BCC meeting. The petition was then rescheduled to the March 22, 2005 BCC meeting at the petitioner's request. CONSIDERATIONS: The approved Silver Lakes development is located on the east side of Collier Boulevard (CR 951) and approximately 1 3/4 miles south of the Tamiami Trail (US 41). The petitioner wishes to amend the PUD document and Master Plan as follows: increase the conservation tract area fium 3 to 26 acres, reduce the Park!ITRV (Travel Trailer Recreational Vehicle) area from 26 to 24 acres, reduce the buffer area from 5 to 3 acres, reduce the commons/recreation area fium 97 acres to 78 acres, and to reconfigure the development tracts within the park. These changes are the result of the State and Federal environmental permitting requirements and also the desire of the applicant to provide an acceptable 9-hole golf course for the residents of the development. FISCAL IMPACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help to offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level Of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development PtnDZ-A-2003-AJi-4942 EXECUTNE SUMMARY Page 1 of5 Agenda Item No. 8G March 22, 2005 Page 2 of? 4 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 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 the inclusion of impact fees and taxes collected are for infonnational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMP ACT: The subject property is designated Urban - Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. The proposed rezone indicates the construction of a maximum of 400 park!rTRV lots and 160 recreational residential lots within the total project area of ±146 acres. The Land Development Code (LDC) limits TTRV units to 12 dwelling units per acre and provides that the calculation of residential density includes the total project acreage less the commercial or industrial components and less components having a use with a residential equivalency (reference LDC Section 2.03.06). Furthermore, the Future Land Use Element (FLUE) provides that commercial and industrial components of a project cannot be utilized in residential density calculations. The LDC classifies TTRV use as commercial. If 53.3 acres of the PUD are used for purposes of calculating residential density for the 160 recreational residential dwelling units, the density is three dwelling units per acre. This leaves a balance of 92.67 acres of the PUD to use for calculating the ITRV density for the 400 units, resuking in a density of 4.32 dwelling units per acre. Accordingly, the residential density and ITRV density were found consistent with the FLUE. ENVIRONMENTAL ISSUES: The Environmental Services staff has reviewed an Environmental Impact Statement (April 2001) (Exhibit "C") and the South Florida Water Management Pennit (September 12, 2002) and has recommended approval subject to the conditions contained in Section 8.8 of the PUD document. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) ISSUES: This petition was not required to go to the Environmental Advisory Council (EAC) because the EAC had previously reviewed and approved this application on August 1, 2001. Subsequently, an alternative plan was submitted to the EAC on November 7, 2001, which was approved with a recommendation to relocate the proposed western-most Commons/Recreation area to the eastern side of the property. That recommendation was found not to be in confonnity with an approved South Florida Water Management District easement and pennit through an Ad.minis1rative Hearing by the State of Florida, dated July 24,2002. PUDZ-A-2003-AR-4942 EXECUTNE SUMMARY Page 2 of5 Agenda Item No. 8G March 22, 2005 Page 3 of 74 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPe) heard this petition on January 20, 2005, and by a vote of 9 to 0 unanimously recommended to forward this petition to the Board of County Commissioners (BCe) with a recommendation of approval subject to the following conditions: 1. Revise Section 5.4 of the Silver Lakes MPUD to reflect that the existing Silver Lakes Clubhouse does not meet current hurricane shelter criteria, and is not an approved County Hurricane Shelter. 2. Section 8.8.H of the Silver Lakes MPUD shall remain worded as "Developer" as originally approved. 3. With the exception of the "Common and Recreational Area" (CR) located on the northwesterly portion of the property, the remaining "CR" property shall be turned over to the property owners association after the improvements are completed. It should be noted that several persons spoke in support of the proposed amendment during the CCPC hearing. In addition, because the CCPC unanimously recommended approval, this petition was placed on the Summary Agenda. The petitioner has submitted proposed language to try to address the CCPC's third condition. The language in Subsection 8.9.D. of the PUD document states: D. The following tracts and parcels will be conveyed to the Silver Lakes Property Owners Association, Inc., by the delivery of executed deed(s), within sixty (60) calendar days after the adoption of this PUD: 1. Tract CR2 of Silver Lakes, Phase Two-B according to the plat thereof recorded in Plat Book 25, pages 69 and 70 of the Public Records ofC01lier County, Florida; 2. Except for the Southwest 300± foot, fenced parcel, lying south of the FP&L Easement, Tract CR5 of Silver Lakes, Phase Two-C according to the plat thereof recorded in Plat Book 27, Pages 74 and 75 of the Public Records of Collier County, Florida. Said excepted parcel may be used for a temporary construction staging area, including storage of construction equipment and materials, for a period not to exceed three (3) years from March 8, 2005. On, or before March 8, 2008, all construction equipment and materials shall be removed from said excepted parcel, and that parcel deeded to the Silver Lakes Property Owners Association, Inc.; 3. Tract B2 of Silver Lakes, Phase Two-E according to the plat thereof recorded in Plat Book 31, pages 45 through 47 of the Public Records of Collier County, Florida; PUDZ-A-2003-AR4942 EXECUTIVE SUMMARY Page 3 of5 Agenda Item No. 88 March 22,2005 Page 4 of 74 4. Tract C02 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida; 5. Tract CR6 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida; 6. Tract CRlO of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida; 7. Tract CRII of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 ofthe Public Records of Collier County, Florida. Mr. Tony Pires, legal representative of the Silver Lakes Property Owners Association, Inc., has expressed his concerns as to the appropriateness of this language meeting the association's needs. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Collier County Planning Commission (CCPe) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: · Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved · Are there special conditions and circumstances, which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request. · A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. · The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. · Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. PUDZ-A-2003-AR-4942 EXECUTNE SUMMARY Page 4 of5 Agenda Item No. BG March 22, 2005 Page 5 of 74 · Granting the variance will be in harmony with the intent and pwpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. · There are natùral conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. Granting the variance will be consistent with the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2003- AR-4942 that repeals Ordinance Number 91-90 as described by the Ordinance of Adoption and exhibits thereto, the Silver Lakes PUD regulatory document, and adopts the new PUD regulatory document attached hereto. PREPARED BY: Michael 1. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review PUDZ-A-2003-AR-4942 EXECUTNE SUMMARY Page 5 of5 Agenda Item No. 8G March 22, 2005 Page 6 of 74 COLLIER COUNTY ..- BOARD OF COUNTY COMMISSIONERS Item Number Item Summary BG This item will be heard at the March 23, 2005 BCe Meelmg. This Item has bee!1 continued fr"ofT1 the February 22, 2005 BCe Meetmg. This item requires that alJ parlicipanls be sworn 111 and ex parte disçlosure be provided by Commission members. PUDZ·A-2003· AR-4942 H Conquest Development USA, LC, requesting a PUD to PUD rezone for property located on the East Side of Collier Boulevard (CR 951:1 and approximately 1 3/4 Miles Scutll of Tamiami Trail (Us 41). further described as Silver Lakes, In Section 10 & 15, Township 51 SOLJth Range 26 East, Collier' County. Florida Meeting Date 3/22i2005 9'00:00 A.M Prepared By Date Michael J, OeRuntz Community Development & Environmental Services Principal Planner 217/2005.:23:03 PM Zoning & Land Development Revíew Approved By Joseph K. Schmitt Community Development & Ellvironmental Services Adminstmtor Date Community Development & Environmental Services Community Development & Ënvironmental Servh;:es Admin. 311612005 2: 37 PM Approved By Constnnc~ A. Johnson Op~ratìon!) Analyst Communìty Development & Environmental Services Admin. Date Community Development & Environmental Servìc.:es 3116120052:56 PM Approved By Susan Murray, AICP Community Developmen1 & EnvirQnmental ServJces Zoning & Land Development Director Date Zoning & Land Development Review 3116120053:23 PM Approved By James V. MUdd Board of County Commissìoners County M;¡mager Q4t. County Manager's OffIce 3116/20054:01 PM ,,- · ,'.----- ----------- A~~~ Page 7 of 74 eo1M'r County - '-- --.~' - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 20,2005 SUBJECT: PETITION PUDZ-A-2003-AR-4942, SILVER LAKES PUD AGENT/APPLICANT: Owner: Conquest Development USA, L.C. 1001 Silver Lakes Blvd. Naples, Florida 34114 Agent: Dwight Nadeau, AICP RW A, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 REOUESTED ACTION: The petitioner is requesting a rezone from Planned Unit Development (PUD) to PUD known as the Silver Lakes PUD for the purpose of revising the PUD document. GEOGRAPHIC LOCATION: The subject PUD is located on the east side of Collier Boulevard (CR 951) and approximately 1 3/4 miles south of Tamiami Trail (U.S. 41) in Sections 10 and 15, Township 51 South. Range 26 East, Collier County, Florida. (See illustration on following page) PUDA-2003-AR-4942, Silver Lakes PUD - .~-~- r Agenda Item No, 8G March 22, 2005 Page 8 of 74 oJ;l "';II... -- ~ ~ :t ..... t)) " "\ ....... LOCA TION MAP PETITION 'PUDZo 2003- AR- 4942 SITE MAP ~ i 1111i§ r:B.1 ifit: B II"~ 8 .5j tI;I en c= i2 _I ..~ ~ ..S.I g eo< ~ ~tt~~ = a . t"I , .,; . ~ 1 . (j) iJ tJ t-f ;~ · L' il~; I t-j a:: <:: ,I ;1 ..~¡ è1 > t::j Ii. ifi .~fi ~ (f) ~ II~I"; IS: I I ~ e-c i ~ >;tz:j> :i~ :;:o.~ 1:'1 t?=j .. _ ~ "lj (f.) . c-c. > z I I¡ I. . _.. ~ ~. ~I Agenda Item No, 8G March 22, 2005,-' : Page 9 of 74 COG j~Yd 9tH . au 01 CAI"III _AD (....111) EXISTING- M.4STE~ Pi-AN - .. . o' . .' , .' . ......... .. . ~,: '. ~::i5.t~Ø· , . ':'. ß" ..' .:. ~.'.'~'.'.~~! ~:~~~ . '.. ; .h.;....... .~~.: J.~.' . ~"'. . .,~~-t. .' .' : . \·;'1~·\.-Ã Jl' " ,.' :<. ~,~~ . ';:~~""'. '.::;v..:<=(ft.; . '" .:-:.:.c :.:.. *' .:. ~: . .. ...... . e"' . . .... . ' ..0 . '.~. £XII'Bir25~ , ',. ~ "I ~ { , , , r- ,- -'," " ~ pI ~g~~;~~ . . . . 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""'-- ........ w ._.__.......-..U0..P.04. ^·,,·"~'____><'".'_.e__ I£xlllBII 3 Agenda Item No. 80 March 22, 2005 Page 11 of 74 PURPOSEIDESCRIPTION OF PROJECT: The Silver Lakes PUD was originally approved by Collier County on May 22, 1990 and was subsequently amended on September 21, 1991 (Ordinance Number 91-90). This current request is to amend the PUD Document and Master Plan to increase the area of the conservation tract from 3 to 26 acres, reduce the Park!ITRV area ITom 26 to 24 acres, reduce the buffer.area ITom 5 to 3 acres, reduce the commons/recreation area ITom 97 acres to 78 acres, and to reconfigure the development tracts within the park. These changes are the result of the State and Federal environmental permitting requirements and also the desire of the applicant to provide an acceptable 9-hole golf course for the residents of the development. The existing POO, as currently approved, contains several small pockets of preserves. The developers have built a golf course over these preserves. They also built a part of the golf course. over a ParkfrfR V tract. This amendment is intended to make the PUD document and Master Plan agree with the improvements in place. The PUD also contained a· recreation tract on the northern portion of the project. Most of the existing recreational tract is proposed to become conservation/preserve tract with a small portion of it remaining as recreation tract. The petitioner also proposes to expand a ParklITRV tract on the north side to compensate for the loss of ParkffTRV tract on the south side. The overall density and number of units will not change, but will be relocated on the property. These changes will not affect the Growth Management Plan. SURROUNDING LAND USE AND ZONING: Subject Parcel: Park rrravel TrailerlRecreational Vehicle, zoned POO South: ASGM Business Center of Naples zoned PUD - undeveloped, and Estates - undeveloped Champion Lakes RV Resort zóned PUD- undeveloped, and Mobile Home District - developed Champion Lakes R V Resort zoned PUD- Wldeveloped, and Pelican Lakes POO - Improved (Residential- Mobile Homes), zoned PUD Collier Blvd right-of-way, then FLP substation, unimproved Agricultural and developed Heavy Commercial (C-5) surrounding- North: East: West: PUDA-2003-AR-4942, Silver Lakes PUD 5 .__._---~----- Agenda Item No. 8G March 22, 2005 Page 12of74 ZONING MAP EXHIBIT 4 PUDA-2003-AR-4942, Silver Lakes POD 6 Agenda Item No. 8G March 22, 2005 Page 13 of74 AERIAL MAP EXHIBIT 5 PUDA-2003-AR-4942, Silver Lakes PUD 7 Agenda Item No. 8G March 22, 2005 Page 14 of 74 - GROwrH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban - Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element (FLUE): Relevant to this petition, this Subdistrict pennits a variety of residential " unit types where densities shall be limited to a maximum of four dwelling units per acre (DUI A), except as allowed by the Density Rating System to exceed four DVIA through the provision of the Affordable Housing Density Bonus and the use of Transfer of Development Right credits. The project site, however, is eligible for a maximum density of three DU/A as it is located within the Traffic Congestion Boundary resulting in a one DVI A reduction and does not qualify for density bonuses. Eligible Density Base Density Traffic Conf?:estion Area 3 DU/A 4 DU/A -1 DU/A According to the FLUE, the Urban Designation accommodates travel trailer recreational vehicle (TTRV) parks, provided the following criteria are met: I.. The density is consistent with that permitted in the Collier County Land Development Code (LDC). 2. The site has direct principal access to a road classified as an arterial in the Transportation Element. Direct principal access is defmed as a driveway and/or local roadway connection to the arterial road., provided the portion of the local roadway intended to provide access to the RV Park is not within a residential neighborhood and does not service a predominately residential area. 3. The usage is compatible with surrounding land uses. The proposed rezone indicates the construction of a maximum of 400 parklTTR V lots and 160 recreational residential lots within the total project area of ±146 acres. As noted above, the residential density is limited to three D VI A. The LDC limits TTR V units to 12 DUI A and provides that the calculation of residential density includes the total project acreage less the commercial or industrial components and less components having a use with a residential equivalency (reference LDC Section 2.03.06). Furthermore, the FLUE provides that commercial and industrial components of a projeçt cannot be utilized in residential density calculations. The LDC classifies TTR V use as commercial. The acreage used to calculate the TTR V density cannot be used to calculate the residential density. However, all other areas of the POD (conservation, buffer, commons/recreation) may be used in density calculations, though the same acreage cannot be used for calculating both the TTRV and the residential densities. If 53.3 acres of the POD are used for purposes of calculating residential density for the 160 recreational residential dwelling units, the density is three DUIA. This leaves a balance of92.67 acres of the POD to use for calculating the TTRV density for the 400 units, resulting in a density of 4.32 DV/A. Accordingly, the residential density and TTR V density may be found consistent with the FLUE. PUDA-2003-AR-4942, Silver Lakes PUD 8 Agenda Item No. 8G March 22, 2005 Page 15 of74 Transportation Element: The Transportation Department has reviewed the amendment, and the Traffic Impact Statement (TIS) for this petition. The amendment would notresult in any additional traffic exceeding that generated by the previously approved Silver Lakes POO. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment, and therefore this petition is consistent with Policies 1.3, 1.4,5.1 and 5.2 of the Transportation Element. Open Space/Conservation: The PUD document indicates that a combination oflandscape, the FPL easement, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.03.05 and Section 10.02.13 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs· should establish a factual basis for supportive action by appointed and elected decision- makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Environmental Analvsis: This petition was not required to go to the Environmental Advisory Council (EAC) because the EAC had previously reviewed and approved this application on August 1, 2001. Subsequently, at. alternative plan was submitted to the EAC on November 7, 2001, which was approved with a recommendation to relocate the proposed western-most CommonslRecreation area to the eastern side of the property. That recommendation was found not to be in conformity with an approved South Florida Water Management District easement and permit through an Administrative Hearing by the State of Florida, Dated July 24, 2002. The Environmental staff has reviewed an Environmental Impact Statement (April 2001) (Exhibit "C") and the South Florida Water Management Permit (September 12, 2002) and has recommended approval subject to the conditions contained in Section 8.8 ofthe PUD document. Transportation Analvsis: Transportation Department Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 8.5 of the PUD document. Utility Issues: The Utilities Department Staffhas reviewed the petition, and has recommended approval subject to the conditions contained in Section 8.6 of the PUD document. Zoning and Land Development Review Analvsis: It should be noted that the subject property is èurrently approved as a mixed use in the existing Silver Lakes PUD for ParkffTRV, recreational residential, preservation/conservation, recreational, and golf course uses. The amendment would alter the master plan to conform to the existing development. The conservation/preservation area (3 acres) that had been removed to develop the golf course would be re-established in a 25-acre tract of land. The PUD Master Plan illustrates a development permitting 560 dwelling units on 146 acres. The resulting project density remains at 4.32 units per acre, and is consistent with the Density Rating System. In regards to compatibility with the adjacent properties, the surrounding land uses of the adjacent developments are as follows: To the north is the approved ASGM PUDA-2003-AR-4942, Silver Lakes PUD 9 Agenda Item No. 8G March 22, 2005 Page 16 of?4 Business Center of Naples PUD, which is undeveloped. To the east is the approved Champion Lakes RV Resort PUD, which is undeveloped, but is permitted for 300 Mobile Home (MH)/RV units. To the south is the approved Pelican Lakes PUD, which is developed and permitted for 400 MH units. Based on the intensity and densities of the surrounding developments, staff is of the opinion that the subject PUD is consistent with the surrounding developments. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on March 25,2004 that was attended by approximately 155 individuals. Of those persons who spoke, most expressed a concern as to when the common and recreation areas would be turned over from the Developer to the Home Owners Association. There were concerns about what limits would exist for accessory structures. Concern was also expressed with regard to where a storage component would be located on the property and who would be using it. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDZ-A-2003-AR-4942 that repeals Ordinance Number 91-90 as described by the Ordinance of Adoption and exhibits thereto, the Silver Lakes PUD regulatory document, and adopts the new PUD regulatory documentattached here to. PUDA-2003-AR-4942, Silver Lakes PUD 10 -.'-..---' Agenda Item No. 8G March 22, 2005 Page 17of74 Business Center of Naples PUD, which is undeveloped. To the east is the approved Champion Lakes RV Resort PUD, which is undeveloped, but is pennitted for 300 Mobile Home (MH)/RV units. To the south is the approved Pelican Lakes PUD, which is developed and permitted for 400 MH units. Based on the intensity and densities of the surrounding developments, staff is of the opinion that the subject PUD is consistent with the surrounding developments. Deviation Discussion: The petitioner is seeking one deviation (see Sections 3.5.0.1, 4.5.0.1, and 5.3.E.l) of the PUD document. The deviation seeks relief from LDC Section 3.05.07 (preservation Standards), which requires all principal structures shall have a minimum 25-foot setback from the boundary of any preserve. The petitioner maintains that this reduction is appropriate because the majority on the lots are improved and virtually all of the infrastructure is in place, and would be in appropriate to change these requirements. The petitioner also references Section 1.04.03 of the LDC, where provisions of this Code shall not affect the intensities of land uses that had been previously approved. Staff has analyzed the deviation pursuant to the requirements of LDC Sections 10.02.13.A.l.3 and finds the petitioner has adequately demonstrated "the element man be waived without a detrimental effect on the health, safety and welfare of the community", and further, staff recommends approval of this deviation. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on March 25, 2004 that was attended by approximately 155 individuals. Of those persons who spoke, most expressed a concern as to when the common and recreation areas would be turned over from the Developer to the Home Owners Association. There were concerns about what limits would exist for accessory structures. Concern was also expressed with regard to where a storage component would be located on the property and who would be using it. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDZ-A-2003-AR-4942 that repeals Ordinance Number 91-90 as described by the Ordinance of Adoption and exhibits thereto, the Silver Lakes PUD regulatory document, and adopts the new PUD regulatory document attached here to. PUDA-2003-AR-4942, Silver Lakes PUD 10 ~---_..... Agenda Item No. 8G March 22, 2005 . Page 18 of 74 PRE. . PARED BY: ..t ~~,~ . ~ VI MICHAEL J. ER 1'Z, PRIN PLANNER DEPARTMEN'f OF ZONING AND LAND DEVELOPMENT REVæW /-Q-05 DATE REVIEWED BY:ß/I.- RA y at}:¡". MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUS~C~ DEP AR1MENT OF ZONING AND LAND DEVELOPMENT REVIEW 1...1../--°5 DATE J-S·OS DATE - APPROVED BY: ~ Tentatively scheduled for the 1/20/05 Board of County Commissioners Meeting COLLIER CD7DOMMlSSION: RUSSELL A. BUDD, CHAIRMAN PUDA-2003-AR-4942, Silver Lakes PUD II Agenda Item No. 8G March 22, 2005 Page 190f74 REZONE FINDINGS PETITION PUDZ-A- 2003-AR-4942 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The density peimitted within the Silver Lakes PUD is consistent with the FLUE as currently provided in the Growth Management Plan by Policy 5.1 that provides that property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the GMP and designated on the Future Land Use Map series. Therefore, this petition is Consistent by Policy. 2. The existing land use pattern. To the north is an undeveloped Commercial pun identified as ASGM Business Center Of Naples,· and an undeveloped Estates zoned tract. To the east is a developed mobile home park, and an undeveloped PUD identified as Champion Lakes RV Resort. To the south is the undeveloped PUD identified as Champion Lakes RV Resort, and then the developed Pelican Lakes PUD. To the west is Collier Boulevard (C.R. 951), and then a FPL sub-station and undeveloped Agricultural (A) and developed Heavy Commercial (C-5) zoned lands. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Silver Lakes PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the Silver Lakes PUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. 5. Whether changed or changing conditions make the passage or the proposed amendment necessary. The subject property was developed. with a golf course that was not consistent with the approved Silver Lakes PUD master plan. This amendment is intended to make the PUD document and Master Plan agree with the improvements in place. EXHIBIT "A" PlnDA_2003-AJt-4942,SilverLakesPtnD 12 - Agenda Item No. 8G March 22, 2005 Page 20 of 74 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and compatibility with neighboring properties. The proposed rezone will have no significant impact on any adopted level of service standard. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in no increase in daily trips within the Silver Lakes PUD. as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary. every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zOIÙ11g districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the Silver Lakes POD will not be affected by the requested change to the PUD document. Therefore. staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective detennination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value. PUDA-2003-AR-4942, Silver Lakes PUD 13 ~.......".~-_-.... Agenda Item No. 8G March 22, 2005 Page 21 of74 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties nearby the proposed PUD should not be affected by the requested amendment in that the project provides a landscape buffer, increases the area dedicated for conservation/preserves, and is consistent with the approved zoned projects in the area. 12. Whether- the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The Comprehensive Planning staff has detennined that proposed amendment to the PUD complies with the GMP. In light of this fact, the proposed PUD Amendment 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 said plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment Silver Lakes and does not seek to alter the current uses or development standards. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the Silver Lakes PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate inftastructure and to some extent the timing of the action is consistent with all County codes. . 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The area within the subject site affected by the proposed amendment is currently structured and consistent with the Future Land Use Element to receive such development. PUDA-2003-AR-4942, Silver Lakes PUD 14 _._---~~- Agenda Item No. 8G March 22, 2005 Page 22 of 74 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service detennined that required inftastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. .- PUDA-2003-AR-4942, Silver Lakes PUD 15 Agenda Item No. 8G March 22, 2005 Page 23 of 74 FINDINGS FOR PUD PUDZ-A- 2003-AR-4942 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a fmding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Silver Lakes PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate tp arrangements or provisions to be made for the continuing operation and maintenance of sue. 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 conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The adopted PUD, including all the attendant buffering, land use Locational criteria, and other compatibility development requirements reasonable assured the project was constructed with internal and external compatibility addressed. EXHIDrr "B" PUDA-2003-AR-4942, Silver Lakes PUD 16 Agenda Item No. 8G March 22, 2005 Page 24 of 74 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section V - Commons/Recreation Area and Section VI - Conservation Area of the PUD Document, 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. Given the fact that the Silver Lakes PUD is currently under development, the 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. Due to surrounding property ownership and existing development, it is highly unlikely that the Silver Lakes project could be expanded in land 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. Much of the property was developed in accordance with the provisions of the adopted PUD Document. Further, the subdivision was developed in accordance with the development procedural requirements as contained in Article 3 of the LDC. The proposed PUD to PUD rezoning is intended to bring the project into conformity with the proposed MPUD Document, when compared to the land improvements on the ground - PUDA-2003-AR-4942, Silver Lakes PUD 17 Agenda Item No. 8G March 22, 2005 Page 25 of 74 APPLICATION FOR PUBLIC HEARING FOR: []PUD REZONE (PUDZ) r8JpUD TO PUD REZONE (PUDZ-A) ~_._-~.--- Date Received: Planner Assigned: PUDZ-A-2003-AR-4942 - PROJECT #2003100056 Commission District: DATE: 10/30/03 - FRED REISCHL Petition No.: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) ConQuest Development U.S.A. L.c. Applicant's Mailing Address 1001 Silver Lakes Blvd. City Naples State Florida Zip 34114 Applicant's Telephone # 239-775-2575 Fax # 239-775-9989 Applicant's E-Mail Address: Name of Agent Dwight Nadeau Firm RW A. Inc Agent's Mailing Address 3050 North Horseshoe Drive. Suite 270 City NavIes State Florida Zip 34104 Agent's Telephone # 239-649-1509 Fax # 239-649-7056 Agent's E-Mail Address: dhn@rwa-consult.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANN1NG 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 AnnlicatioD For Public Benin!!: For PUD Rezone 8/29/03 Agenda Item No. 8G ~Be aware that Collier County has lobbyist regulations. Guide yourself accordingly Mparch 2226' 2f0045 d h . I· . h h 1 . age 0 7 an ensure t at you are m comp lance WIt t ese regu ations. Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: Silver Lakes Property Owner's Association of Collier Co, Inc. Mailing Address 1001 Silver Lakes Blvd City Naples State FL Zip 34114 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. lfthe 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 John Biesemeyer Percentage of Ownership 100% of Folio: 73625036240 Philip & Judy Cosart 100% of Folio: 73625036224 Lucila Tillotson 100% of Folio: 73625036208 ,- Application For Public HeariDI! For PUD Rezone 8/29/03 Agenda Item No. 8G March 22, 2005 b. If the property is owned by a CORPORATION, list the officers and stockhold:g~á~J 74 percentage of stock owned by each. Name and Address, and Office Percentage of Stock Conquest Development U.S.A. L.C 100% of Folios: 00732640000, 73625008155, 73625006568, 73625035089, 73625035186, 73625035160, 73625009688 William E. Brid2ett - Mana2er 50% of Conquest Dev. 123l Quintana Ct, Marco Island, FL 33937 Wayne H. Henuset - Mana2er 50% of Conquest Dev. 32 Lake Sincoe Green, Calgary. Alberta. T2J 5RT Silver Lakes Propertv Owners Association Of Collier County, Inc. 100% of Folio: 73625020023 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 Pe~entageofOwne~mp 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. Na.m£ and Address Percentage of Ownersmp Date of Contract: Application For Public Hearin2 For PUD Rezope 8129/03 Agenda Item No. 8G March 22, 2005 . I ddi' al . 1· all .Paae.28 Qf 74 If any contingency clause or contract tenns mvo ve a hon partIes, 1St mdMdualS or officers, if a corporation, partnership, or trust. f. Name and Address g. Date subject property acquired (X) leased (): 8/20/1992 Tenn oflease yrs./mos. If, Petitioner has option to buy, indicate date of option: tenninates: , or anticipated closing date and date option h. Should any changes of ownership or changes in 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 le2al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 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: 10 & 15 Township: 51S Range: 26E Lot: Block: Subdivision: Plat Book#: 20.24.25.27.29.31. 33 Page #: 91. 92. 54. 55. 69, 70. 74. 75. 34. 35. 45-47. 33,37.38 PropertyI.D.#:_00732640000. 73625008155, 73625006568. 73625035089. 73625035186. 73625035160. 73625009688. 73625020023. 73625036240. 73625036224. 73625036208 Metes & Bowuis Description: The subiect property being approximately 146 acres is described as the South Yí of the Southeast 1;4 of Section 10. Townshiu 51 South. Range 26 East. lying East of State Road 951. Collier County. Florida. and the South Yí of the Southwest Y4 of Section 10, Township 51 South. Range 26 East. lying East of State Road 951. Collier County. Florida. and the North 220.00 feet of the North Yí of the North Yí of Section 15. Township 51 South. Range 26 East. lying East of State Road 951. Collier County. Florida 4. Size of property: 1590 ft. X 4000 ft. = Total Sq. Ft. 6.360.000 Acres 146.00 5. Address/2enerallocation of subiect propertY: ADDlic:ation For Public Hearinl! For PUD Rezone 8129/03 1001 Silver Lakes Blvd. Naples, FL, 34114 Agenda Item No. 8G March 22, 2005 t-'age ;¿~ of 74 6. PUD District (LDC 2.2.20.4): o Residential 0 Community Facilities o Commercial 0 Industrial [gJ Mixed Use 7. Adjacent zonine and land use: Zoning Land use N PUD, E-Estates ASGM Business Ctr of Naples - Unimproved, Estate Lot - Unimproved S PUD Champion Lakes RV Resort - Unimproved. Pelican Lakes PUD _ Improved (Residential - Mobile Homes) E PUD. MH Champion Lakes RV Resort - Unimproved. MH - Unimµroved W A-Agricultural ~ One Comer - FPL Sub-station - Improved, Balance of west property- C - ~ Unimproved 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 Request: This application is requesting a rezone from the PUD zoning district(s) to the Mixed-Use PUD zoning district(s). Present Use of the Property: Infrastructure to support 373 park/travel trailer lots. and 149 recreational residence lots has been constructed in the following manner: Phase One (Plat Book 20, Pages 91 and 92); Phase Two-A (plat Book 24. Pages 54 and 55); Phase Two-B (Plat Book 25. Pages 69 and 70); Phase Two-C (Plat Book 27. Pages 74 and 75); Phase Two- D (plat Book 29, Pages 34 and 35: Phase Two-E (plat Book 31, Pages 45-47): Phase Two-F (Plat Book 33, Pages 37 and 38). Phases One. Two-A, and Two-C Phases Two-B, Two-D. Two-E. and Two-F have received Final Acceptance. As of Februarv 22,2001. 372 park/travel trailer lots have been sold. and 148 recreational residence lots have been sold. Proposed Use (or range of uses) of the property: Mixed Use Planned Unit Development- TTRVC & Residential Uses with Accessory facilities & areas. Apolication For Public He.rim!: For pun Rezone 8/29/03 - 9. Agenda Item No. 8G Original PUD Name: Silver Lakes PUD Ordinance No.: 91-90 March 22, 2005 Page 30 of 74 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. 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. Adoption of the Silver Lakes PUD, in 1991, set the development pattern for the area. Several similar mixed use type PUD's have been approved and developed adjacent to, and near by the Silver Lakes Subdivision. 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. The existing Silver Lakes Subdivision is unifonnly controlled by the Developer, Conquest Development U.S.A. L. C., and the Silver Lakes Property Owner's Association of Collier County Inc. At the time of filing this rezoning petition, the Silver Lakes Property Owner's Association of Collier County Inc.(SLPOA), had not provided the necessary legal documents to be a participant in the proposed rezoning. However, it is anticipated that the SLPOA will be a participant in the rezoning process in the near future. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. By virtue of the fact that the Board of County Commissioners adopted the Silver Lakes PUD Ordinance 91-90, and no administrative challenges were filed related to the adoption of that zoning district, the PUD is in compliance with the Collier County Growth Management Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The adopted PUD, including all the attendant buffering, land use locational criteria, and other compatibility development requirements reasonable assured the project was constructed with internal and external compatibility addressed. AODllcatlon For Public Hearin!! For PUD Rezone SIZ9f03 Agenda Item No. 8G 5. The adequacy of usable open space areas in existence and as proposed to serv~fhe 2l1' ~?n develop1nent g The proposed MPUD will provide for effectively the same usable open space areas as was originally approved in the Silver Lakes PUD Ordinance No. 91-90, with some of those useable open space areas being shifted. 6. The ti1ning or sequence of develop1nent for the purpose of assuring the adequacy of available i1nprove1nents and facilities, both public and private. The subdivision is constructed, with all utilities having received final acceptance by the Coooty. Additionally, all but 38 units have received building pennits, so with the project virtually built-out, further concurrency review would not be necessary. 7. The ability of the subject property and of surrounding areas to acco1n1nodate expansion. Due to surrounding property ownership and existing development it is highly unlikely that the Silver Lakes project could be expanded in land area. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such 1nodifications of justified as 1neeting public purposes to a degree at least equivalent to literal application of such regulations. Much of the property was developed in accordance with the provisions of the adopted PUD Document. Further, The subdivision was developed in accordance with the development procedural requirements as contained in Article 3 of the LDC. Due to certain lack of clarity for procedural requirements in the LDC, the proposed PUD to MPUD rezoning is intended to bring the project into confonnity with the proposed MPUD Document, when compaired to the land improvements on the ground. 10. Deed Restrictions: The County is legally precluded from enforcing deed restnctIons, 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. 11. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? AR-1404 June 11th, 2002 - Proposing map changes to the PUD Master Plan to provide a clear depiction of the project as it has been developed consistent with the existing PUD document. The Conservation Area (Tract CO), was proposed to be modified to reflect the result of the project's environmental Pennitting, which increased the conservation commitment :trom the oricinal 3 acres to the pro"osed 18 acres. Although the residential and travel trailer development tracts have been reconfigured in the project. the acreages have not been exceeded since the PUD's adoption, nor has the number of units allowed by the PUD been increased. That land use petition was withdrawn. 12. 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. Application For Public Hunnt! For PUD Rezone 8/29/03 Agenda Item No. 8G March 22, 2005 Page 32 of 74 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: Hill if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) ofa 24" x 36" conceptual site plan [and one reduced 8Y2" x II" 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 hnpact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDe) , 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 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); 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); _. AoolicatiOD For Public HearlDI!: For PUD Rezone 8/29/03 Agenda Item No. 8G 1. Any additional requirements as may be applicable to specific conditiom!''I1~~3~~~ identified during the pre-application meeting, including but not limited to any ~%qrifrgd 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 fmal action on this item, please remove aU public hearing advertising sign (s) immediately. ADulication For Public Hearinl!: For PUD Rezone 8/29/03 ORDINANCE NO. 05- Agenda Item No. 8G March 22, 2005 Page 34 of 74 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER coUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP(S) BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "MPUD" MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS SILVER LAKES PUD, FOR PROPERTY LOCATED AT 1001 SILVER LAKES BOULEVARD IN SECTIONS 10 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 146±. ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-90, THE FORMER SILVER LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Incorporated, representing Conquest Development V. U. S. A., L. C., 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 10 and 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "MPUD" Mixed Use Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map(s), as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Codes, islare hereby amended accordingly. SECTION TWO: Ordinance Number 91-90, known as the Silver Lakes PUD, adopted on September 24, 2001 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page 1 of2 SECTION THREE: Agenda Item No. 8G March 22, 2005 Page 35 of 74 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: FRED W. COYLE, CHAIRMAN Approved as to Fonn and Legal Sufficiency MaIjorie M. Student Assistant County Attorney PUDZ-A-2003-AR4g421MD/ld Page 2 of2 Agenda Item No. 8G March 22, 2005 Page 36 of 74 SILVER LAKES A MIXED USE PLANNED UNIT DEVELOPMENT PREP ARED FOR: CONQUEST DEVELOPMENT USA, L.c. 1001 SILVER LAKES BLVD. NAPLES, FLORIDA 34114 PREP ARED BY: UWTA~C CONSULTING ...L" Y 'f.L ..L RW A, INC. 3050 NORTH HORSESHOE DRlVE SUITE 270 NAPLES, FLORIDA 34104 DATE FILED 10/29/03 DATE REVIEWED BY CCPC 1/20/05 DATE APPROVED BY BCC 3/22/05 ORDINANCE NUMBER 05- EXHIBIT "A" N:\2001 \01-009\00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-AmendmentlSilver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 37 of 74 TABLE OF CONTENTS PAGE LIST OF EXHIBITS I STATEMENT OF COMPLIANCE II SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III LOW DENSITY P ARKITRA VEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3-1 SECTION N LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4-1 SECTION V COMMONS / RECREA nON AREA 5-1 SECTION VI CONSERVATION AREA 6-1 SECTION VII BUFFER AREA 7-1 SECTION VIII DEVELOPMENT COMMITMENTS 8-1 N:\2001 101-0091.00 Silver LakeslOOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 38 of 74 LIST OF EXHmITS EXHmIT A Mixed Use Planned Unit Development Master Plan I N :\200 I \0 1-0091.00 Silver Lakes\OOO 1 Insubstantial PUD Amendment #373 5\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22,2005 Page 39 of?4 STATEMENT OF COMPLIANCE The development of approximately 146 acres of property in Collier County, Florida as a Mixed Use Planned Unit Development (MPUD) to be known as Silver Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The recreational residential and recreational facilities of the Silver Lakes MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property is within the Urban Coast Fringe Subdistrict Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2) The proposed gross density of the Silver Lakes development, being 3.83 lots per acre is derived fÌ'om the Density Rating System of the FLUE fÌ'om Collier County's GMP. Therefore, the gross density of the Silver Lakes development is consistent with Collier County's GMP. 3) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5) The project development will result in an efficient and economical extension of community facilities and services as required in Policy 5.3 of the FLUE. 6) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in regulations required by Objective 1.5 of the Drainage Sub- element of the Public Facilities Element. 7) The project shall comply with the provisions of Sections 6.02 and 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use Element. II N:\200 I \0 ]'{)091.00 Silver LakeslOOOI Insubstantial PUD Amendment #3735\2003-AmendmentlSilver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 40 of 74 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Silver Lakes MPUD. 1.2 LEGAL DESCRIPTION: The subject property being approximately 146 acres, is described as the South Y2 of the Southeast 1,.4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South Y2 of the Southwest 1,.4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North Y2 of the North Y2 of Section 15, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of the individual lot owners, Conquest Development USA, L.c. and the Silver Lakes Property Owners Association of Collier County, Inc. 1.4 SHORT TITLE This Ordinance shall be known and cited as the "Silver Lakes Mixed Use Planned Unit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Sections 10 and 15, Township 51 South, Range 26 East. Furthermore, the subject property is located on the east side of State Road 951, approximately 1 % miles south of East Tamiami Trail (U.S. 41). B. The zoning classification of the subject property prior to the date of this approved MPUD Ordinance was PUD. 1.6 PHYSICAL DESCRIPTION: The project site is on the east side of Collier Blvd. (S.R. -951) in the Rookery Bay Watershed. The subject property receives little or no run-off from adjacent properties due to the existing farm outfall swales on adjacent properties, and the Collier Blvd. (S.R. -951) drainage system. Traversing through the site is an FPL easement, which isolates the property into two portions. Existing ground elevations range from +3.4 to +4.2 N.G.Y.D., with the higher elevations in the northeast comer causing a southwesterly flow of on-site run-off. 1-1 N:\2001\01-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc .---....- Agenda Item No. 8G March 22, 2005 Page 41 of 74 Water management for the proposed project will be accomplished by two interconnected on-site lakes. Runoff will be directed to the lakes through a series of grass swales and culvert systems. Project discharge is into the adjacent Collier Blvd. (S.R.-951) roadside outfall canal that runs along the westerly property boundary and flows toward Rookery Bay. The water management system will provide a balance between the needs of the residents of the project and the requirements of the natural hydraulic systems of the area. The soils found within the project boundaries include predominantly equal portions of Arzell fine sand and Charlotte fine sand and minor areas of Immokalee fine sand in the northwest, southwest, and southeast comers of the property. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. 1.7 PROJECT DESCRIPTION The Silver Lakes MPUD shall be a mixed-use development incorporating park I travel trailer recreational vehicle (parklTTRV) development with recreational residential development. Also, the project will offer diverse recreational amenity opportunities. The amenities proposed to be provided in the project include, but are not limited to, a 9-hole golf course, typical accessory uses, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each lot will be served with publicly provided utilities including potable water and electricity. Collier County provides sewer service via its central system. 1-2 N:\2001 \01-0091.00 Si1ver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 42 of 74 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Silver Lakes MPUD. 2.2 GENERAL: A. Regulations for development of the Silver Lakes MPUD shall be in accordance with the contents of this Document, MPUD- Mixed-Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building pennit application. B. Unless otherwise noted, the definitions of all tenns shall be the same as the definitions set forth in the Collier County LDC in effect at the time of SDP approval or plat approval, where applicable. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Silver Lakes MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. 2.3 PROJECT PLAN AND LAND USE TRACTS: A. The MPUD Master Plan, including layout of streets and general depiction of land uses, is illustrated graphically by Exhibit "A", MPUD Master Development Plan. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". TRACT "A" Park/T.T.R.V. 400 24 TRACT liAR" RECREATIONAL 160 15 RESIDENCE TRACT "CR" COMMONS/RECREA TION 0 79 TRACT "CO" CONSER V ATION 0 25 TRACT"B" BUFFER 0 3 Total 560 146 TYPE UNITS ACREAGE +/- 2-1 N:\2001 \01.0091.00 Silver Lakes\ooOl1nsubstantial PUD Amendment #3735\2oo3-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 43 of 74 B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, intennittent wet and dry depressions for water retention purposes. Such areas, lakes and intennittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 400 parklTTRV lots and 160 recreational residential lots shall be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density will be a maximum of3.84 lots per acre for 560 total lots. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: The project shall be platted in accordance with Section 10.02. of the LDC to define the rights-of-way and tracts as shown on the Master Plan, unless ownership is to remain with one entity (no fee simple selling of lots or tracts), and a SDP is submitted for approval for the entire area encompassed by the MPUD Master Plan. A. If a plat is to be recorded on this project, the following shall occur prior to development of any individual parcel, tract or lot: 1) Construction plans and plats over the entire MPUD shall be submitted and approved in accordance with the LDC. 2) Construction plans and plats for either the entire MPUD or that portion proposed for initial construction shall be submitted and approved. B. Further development of any platted tract or parcel shall be subject to the following: 1) The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided in said Section prior to the issuance of a building pennit or other development order. 2-2 N:\2001 101-0091.00 Silver LakeslOOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 44 of 74 .- 2) The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a final subdivision plat, for that tract in confonnance with the requirements established in Section 10.02.04 of the LDC. Construction plans and a final plat shall subsequently be submitted and approved. Additional lakes (i.e.: golf course lakes), and facilities characteristically incidental to such a development are excluded from this provision but remain subject to the requirements of Section 3.05.10 of the LDC. Construction plans and a plat shall subsequently be submitted and approved. 2.6 GENERAL DESCRIPTION OF DEVELOPMENT: Areas designated for park/TTRV land uses on Exhibit "A" are designed to accommodate a full range ofrecreational vehicle types and customary accessory uses. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific type of residential dwelling as set forth in Section IV of this Document. Approximate acreages of all tracts have been indicated on Exhibit "A" in order to indicate relative size and distribution of the pennitted uses. These acreages are based on conceptual designs and shall be considered to be approximate. Actual acreages of all development plan tracts shall be provided at the time of development plan approval in accordance with Section 2.5 of this MPUD Document. 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with the Collier County LDC. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with the applicable regulations in effect at the time approvals are requested. A property owners' organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 2.8 P ARK TRAILER & RECREATIONAL RESIDENCE MODELS: Park trailer and recreational residential models, not to exceed four, (i.e. 1 "Sales Center" and 3 "Dry Models") shall be pennitted in conjunction with the promotion of the development. 2-3 N:\200 I \0 1-0091.00 Silver lakes\OOOI Jnsubstantial PUD Amendment #3735\2003·Amendment\Silver lakes PUD 3·15-05 Proposed Clean.doc --....... .~"-~-,.,--,,._>---~_.. Agenda Item No. 8G March 22, 2005 Page 45 of 74 No more than three "dry models" may be constructed prior to recording a plat for the project if applied for by the owner. Site(s) for the model(s) shall conform to zoning standards and shall be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model ffom the model serving as a "sales center", or an approved independent "sales center". Access shall be for pedestrian traffic only, no paved road shall be allowed. A "sales center" may be constructed prior to recording of a plat. The "sales center" shall be limited to one structure (one building permit). It may be serviced by a temporary utility system (i.e. dry well and septic tank/drain field) prior to availability of central utility systems, at which time connection to the central system shall be made. Interim fire protection facilities in accordance with NFP A requirements are required unless a permanent water system is available to serve the center. Review and approval of the "sales center" shall follow the requirements of the SDP process. A metes and bounds legal description shall be provided as part of the application. Access to the "sales center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan shall be provided which accommodates the run-off ffom the "sales center", the required parking and access road / driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for the "sales center", a temporary use permit shall be obtained. "Sales centers" may not be occupied until a certificate of occupancy (CO) is issued. Models shall obtain a conditional CO for model purpose only. Models shall not be occupied until a permanent CO is issued. 2-4 N:\200 1101-0091.00 Silver UikeslOOOI Insubstantial PUD Amendment #3735\2003-AmendmentISilveT Uikes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 46 of 74 SECTION III LOW DENSITY pARK / TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract A, park/TTRV. 3.2 DEFINITIONS: (taken from the 2003 Florida Statutes, Chapter 320.01, Definitions, General. ) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when construèted to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. C. Travel Trailer (includes fifth-wheel travel1Tailer): A vehicular portable unit, mounted on wheels, of such a size and/or weight as not to require special highway movement pennits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 Y2 feet and an overall body length of no more than 45 feet when factory-equipped for the road. 3-1 N:\2001 \01-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\20ü3-Amendment\Silver Lakes PUD 3-15-05 Proposed C1ean.doc Agenda Item No. 8G March 22, 2005 Page 47 of 74 D. Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. E. Truck Camper: A truck which is equipped with a portable unit which is designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. F. Motor Home: A vehicular unit which is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number ofparklTTRV lots allowed within the MPUD shall be as follows: Tract A = 400 Total = 400 3.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1) Park trailers: One (t) per lot. 2) Travel trailers (including fifth-wheel trailers): One (1) per lot. 3) Camping trailers: One (1) per lot. 4) Truck campers: One (1) per lot. 5) Motor homes: One (1) per lot. 3-2 N:\200] \0 1-0091.00 Si1ver LakeslOOO 1 Insubstantial PUD Amendment #3735\2003-AmendmentlSilver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 48 of 74 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, camping, or travel use: One (1) per lot. B. Accessory Uses: 1) One (1) caretaker's residence in conjunction with the operation of the park. The residence may be a single family residence subject to the development standards of the RSF-5 Zoning District, as contained in the Collier County LDC in effect at the time construction pennits are requested. Furthennore, any three (3) parklTTRV lots may be combined to satisfy this provision without being subject to Subsection 2.5.B.2 of this Document. 2) Accessory uses and structures customarily associated with parklTTRV recreational vehicle lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen/glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed five hundred (500) square feet. Modular construction of the accessory structure is pennitted, and may be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within designated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be permitted to have a similarly modularly constructed accessory structure. (c) In addition to the foregoing, roofed, screened or enclosed rooms pennanently anchored to a lot, or attached, provided such screen rooms are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building pennit was issued, in existence as of the date of adoption of this MPUD Document shall continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 3) Utility and drainage facilities. 4) Golf cart paths. 3-3 N:\2001 'Dl-009l.00 Silver Lakes\OOOI Insubstantial POO Amendment #3735\2003-Amendment\Silver Lakes PUD 3-l5~5 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 49 of 74 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot) boundaries. B. MINIMUM LOT AREA: 2,350 square feet. C. MINIMUM LOT WIDTH: 1) Comer Lots: Forty-five (45) feet. 2) Interior Lots: Thirty-five (35) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA: Five Hundred (500) square feet, exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen (15) feet. 2) Accessory Structure: Fifteen (15) feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. 3.6 PERMANENT LOCATION OF PARK I TTRV UNITS: Park I travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in Public Records of Collier County restating the MPUD restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: 3-4 N:\200! \()!-Q091.00 Si]ver LakesIOOO! Insubstantial PUD Amendment #3735\2003-Amendmcnt\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 50 of 74 A. Lots Rented: For those parklTTRV lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of the rental lots, and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a parkITTRV lot, and their occupancy shall be subject to the penalties prescribed by applicable Collier County Codes. B. Lots Sold: For those parklTTRV lots that are sold, the developer / owner of the lots shall include in the sales contract a notice that current zoning regulations prohibit the use of the lot for permanent occupancy. The new lot owner shall be responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.7 PERMANENCY CONTINGENCY: If, after the approval of this MPUD, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this MPUD Document shall become null and void. 3.8 FLOOD PLAIN ELEVATIONS: All park / travel trailer recreational vehicles and accessory structures shall meet flood plain elevations if permanently attached to the ground or utility facilities. 3.9 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS: All travel trailer units that require a special license and/or permit to be transported on Florida state highways, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County. These units shall be connected to the public water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 3-5 N:\2001\01'{)091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes POO 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22,2005 Page 51 of 74 SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4.1 PURPOSE: The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract AR, Recreational Residence. 4.2 DEFINITIONS: A recreational residence is a transportable unit which has a body width not exceeding 14 feet, and which is built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. All recreational residences located in the development shall have water closets designed to have a maximum water flushing capacity of 1.5 gallons. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions including expandable rooms, but not including any bay window, shall not exceed 700 square feet. The total length of a recreational residence is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism, to the exterior of the wall at the opposite end of the unit, where such walls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. The total length of a recreational residence shall not exceed 50 feet. All recreational residences shall be constructed to United States Department of Housing and Urban Development Standards. 4.3 MAXIMUM DWELLING UNITS: The maximum number of recreational residential lots allowed within the MPUD shall be as follows: Tract AR = 160 Total = 160 4-1 N:\200 ¡ \0 ¡ -o09! .00 Silver Lakes\OOOJ Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. BG March 22, 2005 Page 52 of74 4.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Recreational Residences: One (1) per lot; 2) All land uses permitted in Section 3.4.A. of this Document. B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen! glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed seven hundred (700) square feet. Modular construction of the accessory structure shall be permitted, and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the lot within designated Tract AR lots. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a lot, or attached, shall be pennitted provided such screen rooms are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. ( e) One carport per lot. 2) Utility and drainage facilities. 3) Golf cart paths. 4-2 N:\2001 \01-0091.00 Silver Lakes\O001lnsubslantia1 PUD Amendment #3735\2003-Amcndment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 53 of 74 4.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot) boundaries. B. MINIMUM LOT AREA: 3,800 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Fifty-five (55) feet. 2) Interior Lots: Forty-five (45) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA: Seven Hundred (700) square feet, exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen (15) feet. 2) Accessory Structure: Fifteen (15) feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. 4.6 ANCHORING I SEWER, WATER AND ELECTRICAL CONNECTIONS: All recreational residential UIÚts, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County for mobile homes, and be cOlU1ected to the public water and sewer system. Additionally, such units shall obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 4-3 N:\2001 \() 1~9!.00 Silver I.akes\OOOI Insubsmntial PUD Amendment #3735\2003-AmendmentlSilver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 54 of 74 SECTION V COMMONS / RECREA nON AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR, Commons / Recreation Area on Exhibit "A". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, hurricane evacuation shelter facilities for recreational uses, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 5.2 USES PERMITTED: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Utility, water management and right-of-way easements. 2) Golf courses for use by the residents of the development and golf cart paths. 3) Structures which house social, administrative, or recreational facilities. 4) Hurricane evacuation facilities for recreational residential land uses. 5) Lakes. 6) Signage for project identification or advertising. 7) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the commons areas. 8) Small docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non-internal combustion lake recreation apparatus used by residents of the project. 5-1 N :\2001 \0 1-0091.00 Silver Lakes\OOO1 Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 88 March 22, 2005 Page 55 of 74 9) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. B. Accessory Uses: 1) Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses. 2) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage (including R.V. storage), recreation or shelter with appropriate screening and landscaping. 3) Upon completion of the development of this project, convenience establishments of a commercial nature including stores, laundry and dry cleaning agencies, beauty shops and barber shops shall be pennitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%) percent of the project; shall be subordinate to the use and character of the project; shall be located in the area of the northernmost and, or westernmost recreation facilities as may be depicted on the MPUD Master Plan. Said accessory commercial uses shall serve the exclusive trade of the service needs of the persons residing in the project; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the project. 4) Solid waste refuse facilities (i.e.: dumpster, compactor, etc.) 5.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be hannonious in tenns of landscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings shall be set back a minimum of fifteen (15) feet from all parcel boundaries and the right-of-way tract. C. Buildings shall be set back a minimum of thirty-five (35) feet from abutting off- site residentially zoned districts, and a minimum fifteen (15) foot Type "B" perimeter landscape buffer shall be provided. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. 5-2 N:\2001 \0] -0091.00 Silver Lakes\OOO 1 Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22,2005 Page 56 of 74 E. Preserve Setbacks: 1) Principal Structure: Twenty-four (24) feet. Deviation from LDC Subsection 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. F. A SDP in compliance with these Development Regulations shall be required in accordance with Section 2.5 of this MPUD Document. G. Maximum Height: 1) Principal Structure: Thirty-five (35) feet. 2) Accessory Structure: Fifteen (15) feet. H. Minimum Off-Street Parking and Loading: 1) Private Golf Course: Two (2) spaces per hole plus one (1) space per 300 square feet for office / lobby / pro shop / health club / clubhouse / lounge / snack bar / dining / meeting room areas and 50% of normal requirements for exterior recreation uses not accessory to the golf course use including: swimming pools and tennis courts. No additional parking spaces shall be required for the golf course. Golf cart, golf bag, and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation (non - golf course) I Administrative Areas: One (1) space per tennis court; one (1) space per 150 square feet of water area for the first 1,000 square feet, and one (1) space per additional 250 square feet of water area for swimming pools, spas and hot tubs. One (1) space per additional 250 square feet of gross floor area for other (enclosed) recreational I administrative facilities. 3) Convenience Commercial Areas: One (1) space for each 250 square feet of gross floor area for all uses set forth in Subsection 5.2.B.3. of this Document. 4) Loading Areas: As required by the LDC in effect at the time of final site development plan approval. 1. Landscaping: The landscaping requirements shall confonn to the County LDC in effect at the time of final site development plan I construction plan approval. 5-3 N:12001 \O1~091.00 Silver Lakes\OOO! Insubstantial PUD Amendment #373512003-Amendmenl\Silver Lakes PUD 3-15~5 Proposed Clean.doc ___1 ~'--- Agenda Item No. 8G March 22, 2005 Page 57 of 74 5.4 HURRICANE SHELTERS: The clubhouse caUed the Silver Lakes Clubhouse was constructed to specifications in place at the time of building pennit application. However, since that time period it has been detennined that hurricane shelters shall not be provided within the Coastal High Hazard Area. Therefore, the Clubhouse shall not be deemed a hurricane shelter. 5-4 N:\2001 \0] -0091 .00 Silver Ùlkes\OOOl Insubstantial POD Amendment #3735\2003-AmendmentlSilver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 58 of74 SECTION VI CONSER V A TION AREA 6.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area on Exhibit "A". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. 6.2 USES PERMITTED: No structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Open spaces I nature preserves. 2) Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the residents ofthe project. 6-1 N:\2001\OI-0091.00 Silver Lakes\OOOl Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-\5-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 59 of 74 SECTION VII BUFFER AREA 7.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area on Exhibit "A". Tract liB", Buffer Area, is subject to an easement intended to protect residential land uses from more intensive residential land use, possible impacts from adjacent roadways and / or nonresidential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this Document. 7.2 USES PERMITTED: A. Principal Uses: 1) Landscaped buffer in accordance with the LDC in effect at the time of final site development plan approval. Existing native plant types may be substituted for those plant types set forth in the LDC subject to Planning Services Staff administrative approval. 2) Benns a. Grassed benns: 4:1 maximum slope. b. Benns planted with ground cover and landscaping: 3:1 maximum slope. 3) Fences / walls: In accordance with the LDC in effect at the time of SDP approval. 4) Signage. B. Accessory Uses: 1) Utility and drainage facilities. 7-1 N:\2001 101-0091.00 Silver LakeslOOOl Insubstantial PUD Amendment #37J5\2003-AmendmentlSilver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 60 of 74 7.3 DEVELOPMENT REGULATIONS: A. A twenty (20) foot wide right-of-way has been provided and maintained adjacent and parallel to the Collier Boulevard (S. R. 951) rights-of-way. Furthermore, adjacent and to the east of the clear area, a twenty-five (25) foot buffer shall be provided and maintained to effectively screen this project from the roadway. The property owners' organization shall be responsible for the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit "A" as Tract B, other than those addressed in "Paragraph A" above, shall be maintained with a minimum fifteen (15) foot wide buffer strip. - 7-2 N:\2001 \Ol..Q091.00 Silver Lakes\OOOllnsubstantìal PUD Amendment #3735\2003-Amendment\Sìlver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 61 of 74 SECTION VIII DEVELOPMENT COMMITMENTS 8.1 PURPOSE: The purpose of this Section IS to set forth the development commitments for the development of the project. 8.2 GENERAL: All facilities shall be constructed in strict accordance with the final SDPs, final plats and all applicable State and local laws, codes and regulations in effect at the time of submission of the petition for final plat or SDP, as the case may be. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall develop the project in accordance with Exhibit "A", MPUD Master Plan, and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer, his successor or assigns, in title, are bound by the commitments within this Document. 8.3 MPUD MASTER PLAN: A. Exhibit "A", MPUD Master Plan illustrates the proposed development. Minor site alterations may only be administratively handled pursuant to Subsections 10.02.03 and 10.02.05 of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 8.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase of development identified in this Section. SDP procedures for this MPUD are set forth in Section 2.5 ofthis Document. 8-1 N:\2001 \OJ -0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-AmendmentlSilver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 62 of 74 The Silver Lakes MPUD is planned to be developed in two phases. The development of Phase I may include the construction of 178 parklTTRV lots and 81 recreation residence lots along with their related infrastructure. The lakes and recreation facilities may also be developed in Phase 1. The plan of development for Phase II will be to construct the remaining lots and related infrastructure. as well as the remaining recreational facilities. The developer reserves the right to develop portions of the described phases. or both phases simultaneously, as market demands change. Commencement of construction of Phase II will occur no later than three (3) years after phase I is completed. 8.5 TRANSPORTATION AND ENGINEERING: 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 LDC B. A 20 foot wide strip of land along the entire west property line was dedicated for the widening of Collier Boulevard (S.R. 951). C. A FDOT right-of-way permit shall be provided before construction plans approval. All work within Collier County rights-of-way or public easements shall require a right-of-way pennit. D. A letter of no-objection from Florida Power and Light allowing encroachment into the Florida Power and Light easement shall be provided before construction plans approval. E. The developer provided a southbound left turn lane on Collier Boulevard (S.R. 951) at the project entrance. The length is sufficient to accommodate two of the largest vehicle combinations expected to use it. F. The developer provided a turning radius of not less than 50 feet to serve northbound turning movements. G. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. H. The existing approval of the entrance location shall not imply that a median opening will be pennitted upon the four laning of Collier Boulevard (S.R. 951). 8-2 N:\2001 \0\ -û091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #373S\2003-Amendment\Silver Lakes PUD 3-\S-ûS Proposed Clean.doc ._---..!.-.."'..- Agenda Item No. 8G March 22, 2005 Page 63 of?4 1. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. J. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Subsection 10.02.07 of the LDC, as it may be amended. K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 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 MPUD 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. L. 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 for damages against the County by the developer, its successor in title, or assignee. M. All internal roads, driveways, alleys, pathways, and sidewalks 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. N. If any required turn lane improvement requires the use of existing County rights- of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. O. 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. 8.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water and / or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Number 04 -31, and other applicable County rules and regulations. 8-3 N:1200 ¡ 101-0091.00 Silver LakeslOOOI ¡nsubstantial Plm Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15'{)5 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 64 of 74 B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and / or sewer service to the project, the water and / or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and / or sewer facilities are available to serve the project. C. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and / or receive and treat the sewage generated by this project. Should the County system not be in a position to supply the potable water to the project and / or receive the project's wastewater at the time development commences, the developer, at his expense will install and operate interim water supply and on-site treatment facilities and / or interim on- site sewage treatment and disposal facilities adequate to meet all requirements of all the appropriate regulatory agencies. If an existing private utility will be utilized to provide service to the project, such service shall be regarded as interim, with the project connecting to County owned facilities when they become available. An agreement shall be entered into between the County, the interim utility provider and the developer, binding on the interim provider and the developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement shall be determined to be legally sufficient by the County prior to the approval of construction documents for the project, and shall be in conformance with the requirements of Collier County Ordinance No. 04-31. D. The existing off-site water facilities of the District shall be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E. The on-site water distribution system to serve the project shall be connected to the District's lO-inch water main on the east side of SR-951 (Isle of Capri Road) and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1) Dead-end mains shan be eliminated by looping the internal pipeline network on cul-de-sacs, unless otherwise approved by the Collier County Utilities Division. 2) Stubs for future system interconnection with adjacent properties shall be provided to the east, south and the west property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. 8-4 N:\2001 IDI-0091.00 Silver Lakes\OOOI Insubstantial PVD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 65 of 74 F. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the SR 951 right-of-way. The force main shall be extended from the main on-site pump station to the east right-of-way. The force main shall be extended from the main on-site pump station to the east right-of-way line of Collier Boulevard (S.R.951) and capped and valved for future disconnection from the proposed interim utility system to serve the project. The configuration will pennit the simple redirection of the project's sewerage when connection to the County's central sewer facilities becomes available. G. OTHER UTILITIES Telephone, power, and TV cable service shall be made available to all park/TTRV and residential areas. All such utility lines shall be installed underground. 8.7 WATER MANAGEMENT: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering and Environmental Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Department of the Community Development and Environmental Services Division. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. An excavation permit will be required for the proposed lakes in accordance with Section 22 of the Collier County Code of Laws and Ordinances (COde) and SFWMD Rules. D. Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards, may be removed and utilized off-site subject to the requirements of the Code. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards shall meet the requirements of a commercial excavation pursuant to Section 22 of the Code. E. A copy of SFWMD Permit or early work permit is required prior to construction plan approval. 8-5 N:\200J '1)1-009].00 Silver Lakes\OOOJ Jnsubstantial PUD Amendment #373512OO3-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 66 of 74 - F. A Florida Department of Transportation permit approval to outfall into the Collier Boulevard (S.R. 951) right-of-way shall be submitted before construction plan approval. If the Department of Transportation requirements for water management significantly alter the master plan submitted for approval, the developer shall consult with the Planning Services Department which shall coordinate the Engineering Department of the Community Development and Environmental Services Division to affirm that the project design is consistent with the approved master plan. G. The off-site drainage shall be routed through the project in an interceptor swale that discharges to the Collier Boulevard (S.R. 951) canal or to an existing ditch located on the easterly, adjacent property at the property boundaries. The off-site drainage shall not be incorporated in the on-site water management system. H. At the time of construction plan review, the developer shall provide an analysis of the capacity of the proposed off-site runoff interceptor swale. I. The proposed off-site runoff interceptor swale shall be platted and dedicated as a drainage easement. J. All proposed easements for Collier County storm water facilities shall be maintained free of landscaping, berms, or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 8.8 ENVIRONMENTAL: A. This MPOO shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. This MPOO shall comply with the guidelines and recommendations of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those protected species shan be submitted to Environmental Services Department Staff for review and approval prior to final SDP/ construction plan approval. C. Except where provided for elsewhere in this Document, all new principal structures erected or placed pursuant to permits applied for after the effective date of this MPUD shan have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. 8-6 N:\2001 'Dl-0091.00 Silver Lakes\OOOl Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15'()5 Proposed Clean.doc Agenda Item No. 8G March 22,2005 Page 67 of 74 D. AH Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas by the developer and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A preserve area management plan shaH be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All required approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final SDP/ construction plan approval. G. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and shall be protected by a permanent conservation easement to prohibit further development. H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff by the developer for review and approval prior to final SDP/construction plan approval. A schedule for removal of exotics within alJ preservation areas shaH be submitted by the developer with the above-mentioned plan. 8.9 PLANNING COMMITMENTS: A. Improvements within Unit 30B, as described in the Deltona Settlement Agreement, on the site shall meet the requirements of the Deltona Settlement Agreement at the time of permit submission. B. Although construction plans / plates) may be approved, the Silver Lakes development may not proceed with infrastructure improvements prior to May 1, 1992. SDP approval and the resulting construction of a "Sales Center" and associated "Dry Models" are exempt from this provision. C. If during the course of site, clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, the applicable provisions of the Collier County LDC shall be followed. 8-7 N:\2001 \OJ -û091.00 Silver Lakes\OOOl Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-15-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 68 of 74 D. The following tracts and parcels will be conveyed to the Silver Lakes Property Owners Association, Inc., by the delivery of executed deed(s), within sixty (60) calendar days after the adoption of this PUD.: 1. Tract CR2 of Silver Lakes, Phase Two-B according to the plat thereof recorded in Plat Book 25, pages 69 and 70 of the Public Records of Collier County, Florida; 2. Except for the Southwest 300± foot, fenced parcel, lying south of the FP&L Easement, Tract CR5 of Silver Lakes, Phase Two-C according to the plat thereof recorded in Plat Book 27, Pages 74 and 75 of the Public Records of Collier County, Florida. Said excepted parcel may be used for a temporary construction staging area, including storage of construction equipment and materials, for a period not to exceed three (3) years from March 8, 2005. On, or before March 8, 2008, all construction equipment and materials shall be removed from said excepted parcel, and that parcel deeded to the Silver Lakes Property Owners Association, Inc.; 3. Tract B2 of Silver Lakes, Phase Two-E according to the plat thereof recorded in Plat Book 31, pages 45 through 47 of the Public Records of Collier County, Florida.; 4. Tract C02 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 5. Tract CR6 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 6. Tract CRI0 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 7. Tract CR 11 of Silver Lakes, Phase Two- F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida. 8-8 - N:\2001 \01-0091.00 Silver Lakes\OOOI lnsubstantia1 PUD Amendment #3735\2003-Amendrnent\Silver Lakes PUD 3-\5-05 Proposed Clean.doc Agenda Item No. 8G March 22, 2005 Page 69 of 74 8.10 SIGNS: All signage shall be III accordance Section 5.06.00 of the LDC, with the following exceptions; A. Two (2) project identification signs may be affixed to a proposed wall adjacent and along the Collier Blvd. (S.R. 951) frontage, and may protrude above said wall to the extent of not more than three (3) feet, subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material; 2) Any project identification sign(s) shall not exceed sixty (60) square feet. B. One (1) ground or wall sign may be located along the Collier Boulevard (S.R. 951) frontage for the purpose of promoting the development. Such a promotional sign shall not exceed thirty (30) square feet. 8.11 LANDSCAPING FOR OFF-STREET PARKING AREAS: All landscaping for off-street parking areas shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. 8.12 POLLING PLACES: Pursuant to the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement 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, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation / public building / public room or similar common facility to be used for a polling place, if determined to be necessary by the Supervisor of Elections. 8-9 N:1200l \O1'{)()91 .00 Silver Lakes\OOOI Insubstantial PUD Amendment #373512003-Amendment\Silver Lakes PUD 3-l5'{)5 Proposed Clean.doc Agenda Item No, 8G March 22, 2005 Page 70 of 74 SIL VER LAKES MPUD MASTER PLAN TRACT "B" II::: i:1 - - -.-- --r - e:~e~eø \:e \ (i!J'sæœ øe eeGl æ. ß! s' II' æ œ.e~ It œ lBe -»0 tBS0eCð fa :1111:-'*---(-,....,.....,1 :œ:Cðt'£lGSe . œ~&eœl!:i9~e'»e:œ:= eG)!Rr1~lbœeeœ œeœf:l$œ0~",#œeG!eeœ 11,:::':-'__ TRACT'CR" ..¡:::..""" ".. ..œ",".,@æ.... .......,,,,,,,.,,, "rHA"",O;:"" ..:.."¡;,""'.."",,....",,~... 1'1'1':: "":,,,""R... ",,'" ~ ..""CÜNSElj,\.\·]jQN ),RLA 3:.. ..:" "'''...... "..: ~"",:: ,,@.._@"" ",," ..~"....':''¿,.....''œ",,'':'''''''"'' Ole ..""""".....,.....,,, o I I I: \: "_~...F.::.'.:"'= :'"~: ø,," 'J;,e"!Ë-~ ..e~ "..¡¡¡~.. ¡¡U~:: ~:œ"", œ œ"": ~ : : ~ : ·.~~=oo't =--..- - - TR;';;T :""" @~ -=-----=-im¡~ : ,;,].- - ~1":.;œ~/~~~":_~..h-:::-' ~~~ T~Aë~~A_~ ---- .".'" ~_: '" " '0 ",',,, "31 - .I~~~' cR' 7::='=---=-=--'r.-1W=--=~- -- 0'1 ,: j :: 'I r;:::'\ (:--.~ .~' /~II~--=~~(~~ I ~:~ ::~I~ ~ ,il ¡ ç\¡ ':'1 i ~ ~~al~ JI (~ç¡) L)) TRACT 'CR' jf;# /;><~~~-;;;.----=-'C..---~~J J) LAKE 2 ~"--J-=' I:i ~ ;¡ g I o ~ I I ,I (",I, \\. l~ J" U I" L~J ',I / ----- ",-.J~ (~ ~; IIi'JIIIJ ::: !;[ ¡;w \'~=-::__'I~ri<A.:'-:~¿¡~L.~__:"~~-<.di:~/ .TRACT 'CR" ~~==--~~~-------~-~): .- ~ U I ': - - - ~ TRACT "AR' ~~- :t=:: /~__ ~- - ,,~ l:, - (l'-;¡~- _ _ _~ _ __ ,"OLE,,""'" - ~I I '¡ i i ~:=-7~~ (3;' 'A~_~~~ ~~cc_-7~·-~~·~·==:"=~~.,~A~ ~=~~~~1cc·A·_._u.JI_j~, " , _. c. ,_~ TRA"'!._~_ __ T"', -, d¿J TRACT' A' ~ ':'RACT '''s' ,....-........""'~ .....-......-- .....-:.w.__. ~ ~ \~::;:1~;~·~ _-..,.¡¡~. jÿ ~~~_~ .' 'c .,,_~ "-~n ~ LEGAL DESCRIPTION '('HE soun! !:!ALP or TOE 90'J'I'HXAST QUAJlTER Of SECTION 10. TOWNSHIP ~1 SQtrI'H. RANGE 21'> EAST, :.Ym" ~ OF niT!!: ROAD !illS!, COUJER COUNTY, FWRlIJA. AND THE SÐUTH MA.l..I' UF f)E 9OUnIWBS'T Qu.ur.:1!:H tiP' sa:cnO)l IC, ranSHIP iiI SOUTH. RANC::; 2ß ur.. I.,YJ)(G £.A.S'I' OF STAn: ROAD 91>1, cCl.I.Œn OOœn'Y. r..oRmA. AND 'rn& NOR't'H 220,00 ~ OF '!'HI NORTH HALf" OF' '"":8 NORTH iULr OF SEmON 16. TOWMSHlP M OOIJ1'H. RAHGI 2tI RAm', L'tntG E4.'fI' 0" STA'I'I! ROAD 111\1, COI..Lll!:R COUNTY. P:..nRIDA. SAle PAlfCn CotI'T'AIN!}(I; 4.fH-/- ACRJ:S, SUBJECT 1'0 u..<;¡;:NItNTS RES'TRIC'T'fONI'!, AND RC!lIRYhT!OW!'! 01" RJ!.:nlRIJ -~~-t~ ~~~~~ --.. .~:.r-.._---<=1 .-~.?~'1 _. ~~ I,." i:ft'I"-. '¡.p.-=-. ..._w_ LAND USE SUMMARY TRACT TRACT "A" TRACT "Aft TRACT "CR" 'fRACT "CO" TRACT "E' TOTAL LAND US F, P ARK/TTRV AREA RECREATIONAL RESTDEKCE AREA COMMONS/RECREATION AREA CONSERVATIOK AREA BUFFER AREA ACREAG E 24 -- /- ACRES 15 .....j- ACRES ']9 + /- ACRES 25 + /- ACRES 3 + /- ACRES 146 +/ ACHES ':::;~'ÞÍ t "I .il Ji U: I ~a~l ! t--.:~-t I t ~~!~ i ¡ 5.11 ¡ , 1 i---- I ! , . ~ ~ IJ"\ ~ --' ~ ~ IJ"\ I- m :E >< LIJ -~ \~ ~ ~ . :lò¡ 1< . ~~ ~ ï>::' ¡ ~ ::;,: ~ ~ ~ . ~ a ~ - "~ W ! ~ IO! 1- · . / ~ Agenda Item No. 8G ~. . March 22, 2005 A-nJ'f~ ./ 7Pa~of74 '7"...... :,......4 ,.../"'~~ - Sf1ver Laku Pr~ 0wt1m; AsfOclAtiØf1 øf CoUkr Cotmt\i me. JOO1 Si1verLaku&w1~Arb }Þ)a:r~)jUWJ' 'NÂM~~tJ4 Lß15~ ':I. V October 29,2004 NOV 3 2004 NOV 0 1 2004 Mr. Joseph Schmitt ZONING DEPARTMENT ~ COMMUNrryt:~. ~..;~.. J- C.c. Community Development & Environmental Services Division ~ ¿.:n..--- __ _~_~ 2800 North Horseshoe Drive ~ ~ ~ Naples,FL34!04 ~ ~ ,Æ/R ~ },:I., .,~ Dear Mr. Schmitt. j;t:é- (J '7; I would like to thank you and your staff: especially Mr. Michael Deruntz. for your assistance in recent weeks. It is refreshing to know that when you need assistance county staff is always there to help. Enclosed is a copy of the letter I sent to Dwight Nadeau ofRW A Consulting and Atty. Anthony Pires for your records. To repeat what I said in my e-mail advising you of our action the vote took place after a great deal of discussion. There were concerns by the Board that our action appears to be a reversal of our past position of wanting CR land in the NE comer for a future storage site not in the west end as will be the result of this PUD amendment. However, in looking at the whole picture, the Board took a position that sometimes in order to move forward you have to take a step back. There were many other important items beneficial to the community in the PUD amendment that took precedence over the desire to have some CR land tracts in the northern area at this time. There is also pending litigation initiated by the Association over the ownership of the 40 acres that was taken into consideration. The Board felt that at some future date after the litigation is resolved and all the land in the project has been turned over to the Association the Association may consider amending the PUD itself and seek permission to flip the west end CR tract to either the middle or east end through mitigation or whatever procedure might be available at the time. The ~or concern was that if we accepted the west end CR now and ultimately won the litigation we would never be able to change it or flip it to the east end because we agreed to it now. The Silver Lakes community has had a great deal of support &om the various Collier County Boards, Committees and staff: We sincerely appreciate that support and hope that it will continue into the future. The Board would appreciate ¡fyou would place this letter in the PUD file for future reference. Very truly yours, ~c;? ~4 úL./JI,j ~ P. DeChellis, President, s.L.p.a.A 2608 Simmons Rd Middlcborougb, MA 02346 Cell (239) 775-7205 C.c. Michael Deruntz ____n__ _.. Agenda Item No. 8G March 22, 2005 Page 72 of 74 ,.~-. s¡tva- uku Prøpert\i Owtwrf Asf(ÞdAtkm øf CoUta- C~1\i me. 1001 Si1va- LAke. Bøw1evAr'b 'NA1'1e., fløribA 34114 October 29, 2004- Mr. Dwight Nadeau RWA Consulting Inc. 3050 North Horseshoe Drive, Suite 270 Naples. FI 34104 Dear Mr. Naedau. Please be advised that the Silver Lakes Property Owners Association's Board ofDirectonv.oted the foUowing motion at its meeting of October 28,2004. ... "That die s.L.P.O.A. advise Dwight Nadeau, representinl Conquest Development, aDd Collier couøty staff that the Silver Lakes Property Ownen Association, in order to expedite the PUD aID_dment proeeu, wiD not oppose the removal of the CR tract north of die Diamond Clubhouse or die CR tract in the northeast comer of the project as currently depicted and submitted. We shall also advise Atty. Anthony Pires to submit the POA's affidavit in support of the PUD alDendment forthwith to the appropriate partiel." We sincerely hope that this removes any obstacles in your efforts to get the PUD amendment moving quickly . through the rest of the process and ultimately in front of the County Commissioners for approval. .- Because you are presenting this amendment to the county we are relying on you to insure that 1I1e statements made to the homeowners at the public hearing earlier this year at Silver Lakes come to fruition. As you are aware there has been a certain amount of mistrust between the developer and the Silver Lakes community in past years. The Board hopes that this action will be a step in a new direction that will promote a better understanding between the developer and the community and that the developer can finish his project to the benefit of all. V cry truly yours, P. DeChellis. President ilvei Lakes Property Owners Association (North Address) 2608 Simmons Rd Middlebor0118l4 MA 02346 CeU (239) 775-7205 c.c. Joseph Schmitt, Michael Deruntz. Collier County Atty. Anthony Pires Agenda Item No. 8G March 22, 2005 Page 73 of 74 Silver Lakes MPUD List of Deviations Deviation #1 seeks relief from LDC Section 3.05.07., that required a principal structed to be set back from a preserve twenty-five (25) feet. As the majority of the lots are improved and virtu.allyall of the infrastructure in place, it would be inappropriate to change these requirements. Additionally, pursuant to Section 1.04.03 of the LDC, "Certain previously approved development orders. The provisions of this Code shall not affect the types, densities and intensities of land uses or the yard or landscape buffer width requirements of any (1) final subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this Code and remains effective according to the time limits and provisions established by this Code." 3.5.G.l Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 4.5.G.l Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 5.3.E.l Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 1 C:\Documents and Settings\deruntzmichael\LocaJ Settings\Temporary Internet Files\OLK138\Silver Lakes-Deviations-] _] 3-05.doc Agenda Item No. 8G Mardl 22, 2005 Page 74 of 74 SILVER LAKES MPUD MASTER PLAN TRACT "B" I ~ :: - T - ::e(ß lß\œg ,l~ (1: e,G œ ~ e øtiIGI œ * $ GI t» e œ e 0 '2 ellle9 œø e I :: II .."'........ ...... e";:": .. ....'" ""..,, œ"œ .... ""'...... '" ,,~""" "".." I',:: TRACT CR' ""~,,""" ~ø<: ..,," ..".. "" "R4tT''': " " .,.. ...... ",,"..'".... ..".......... I : 1'1 ..~....œ:";";'~,,~" .. œ ".:~ ON~',~'i ,]](JI)" .\IŒA ~ 'I. "':;.... """.."'''.. ",,": ¡;;, , ' : ".... (i\ ., :.... .. "e e "œ .. .."',¡ ,,"e e Go Go,," .. e" .... %.. " .."..., "" :.. o I I:', -3f--:¡;:':::~ _ ....:j,~:....'"e....:" ..,..''''''..'''œ....... :$"'I!L"'~""" 1:31 ~l..~L\~....".. "f.....""''":..'''''',,''',,.... p::: I :~ I -==:::.-o~, __~--=---:_~=:::'_-=--~111__-=----- "~~~~ œ_~I..J?~œ _jH~1 ~'1. TRACT A--- _fA I , ,---) 1 TRACT AR ì~¡OOiOO::~~;'M"TRACT c:~:-=----: _cc - -,ja g: ,; : ::' ""~:(----- -- _=-=-=--~--:.~~~~~.,;C~~---f.A~-- ~r----- ìlf""" ~ i i¡ i i i:ji Ii ¡if II I "ACT 'CR" -~~KE^-1~_-~17fJ);-~-~~Jt~;I::~~ --~::~~~~-(:J ii!, ~ :111'", I'~ co I ;: I ,iI ~"\ /-~" ~_)' /' ~,:lll -~ f ""\ l t,~-JI' '1.< ~ ~:;:: Pi I' 1,111 IL' ~ ~(f ),l\ ~ ç[\ 1(¡J TRACT-:R' /~//;;P:-~:-;;:=A:''-~~~ P Y Liú<E 2 ~l=VI~ i:l~ o :. ",I, \',1, I ~ UJ'II ~~~ I':I/r~ --~------- ~'¿/( '= - I::, :: ¡:r:, I ,) ::¡ '\ '~'-_h _~II~T~A:OT -^ Ik~ TRACT ~_¿'/ ~ ~'0" --TRAëTT- - III~'" f-._ µ¡ : : ,~ "'__________~_~CC -= --:----~, 1~5/" // ,TRACT 'CR" "~ '-..:::::===~-~~_=_-_-_-----J) '~_':: I ~~¡ U¡:, _~~ TRACT""" ~----!:*-~- - ----- -- - ~- ~"------- ::¡ U; :-1 !l I 1;+-_ _ _ __~~~- _ i::: .. 'POL <",."r.N' i !! i ¡ :l:~ c~~~-=-~~--! 53F~~:~~ __é-_~~~~~=~A~ ~ =~= ~==~~c; ~='- = =~2;~~,-- - -- -~-\.w 'ffiACT "i3' ~l .....-""..,-_.....~ ..,."............-.... -...."""""" -.. ~-------.----- -1 _~~ht~~- ~__._ '-f ~._ ~ LEGA:. DE SCRIPTIO¡"; !'HE SOU'I'H lLU.F OF mE SOUTHEAS'!' QUARTER 0.' 8EC'I10N 10. TOWNSHIP 51 ¡¡DUTI! MtlGE 26 EAST. :'YUiG EAST Of 8'1'ATE' /WÅD 961. cOWER cOUNTY. MRJÐA. AND TR!: 6DlJ'I'H tuU' o¡r THI!: 9OI.TfK"I!:IIT QU4I!:TBR 01' 5EM10:S 10. TOll'JIISKIP 61 saUTH RANt:;; æ u.~. L't1MG !:AS'!' or STAn: ROAD g!:il, catuEil COœn"í. FLORIDA.. .\HD T){I!: NOR'l'H 22O,OCl ßn 011 TtlB NORTH HALF OF 7t-:1i: MOH1'H IUlJI or SEC."t'IO~ 15, TOW1'I5111r :)1 SOIITH. w.NG& 2& JW\51', Lyme EAZT OF 5'I'A1"(!: RO.n BU, C01,J..JE)I rQUNTY. ~~~~;':;,O~~D ...:;~~~~~;~~;¡oIm~¡;lll'$, SUB,;1tCT TO ~ENENTS .k~~~~~ --~:;;¡? - u~;;. __ .,,-.- '~-~ ._~~;.. ~ ...~i.. 1t:ftF-·~n-- ..-..... ~ LAND USE SUMMARY TRACT TRACT "A" TRACT "AR" TRACT "CH" TRACT ·CO·· TRACT "R" TOT A[, LAND USE PARK/TTRV AREA RECRf.ATIONAL RE:SJDENCE ARE^ COMMONS/RECREATION AREA CONSERVATIOK AREA RUFFER AREA .~CREAG ,; 24 .;.. /- ACRES 15 +/- ACRES 79 + / - ACRES 25 + j.- ACRES 3 + /- ACRES 146 +j.- ACRES ~1ItAP t I! II ~I iil .§il [ ~Î; i ! ~~æ5'~ t , .11 I '" !~--- ! I , i ~ I- m 5: >< UJ \f\ ~ -' ~ "'" \f\ ~ &. '"~ ~, ~~ ~ ~ ¡¡:' II< ~ ~ ~ ~ ......~ ..: . a E ~ - >.~ w ¡ ~ IO! 1- ~ AgEmd~ltem No. 9A EXECUTlVESt.JMM.ARY . March 22, 2005 Page 1 of 10 ~~~!()FMEMBER.(S) TO THBJSLE OF CAPRI FIRE CONTROL DISTRICT .~~$Q,,~·~()~mE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 2005, to the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles ofCaprl Fire Control District Advisory Committee bas 1 vacancy with the term expiring on December 31,2005. This 5-member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Tenns are 2 years and members must reside within the boundaries of the Isles of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. We currently have I vacancy on this committee. A press release was issued and resumes were received from the following 2 interested citizens: APPlJCANT William Rafeld.t Warren Meade CATEGORY DIST ELECfOR AnV. COMM. Resident within MSTU Resident within MSTU None None ~ COMMITI'EE RECOMMENDATION: FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE William Rafeldt RECOMMENDATION: That the Board of County Commissioners consider the recommendation fur appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared. By: Sue Filson, Executive Manager BoardofCountyComm~moners Agenda Date: MARCH 22, 2005 ,-.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 9A March 22, 2005 Page 2 of 10 Item Number Item Summary Meeting Date 9A Appointment of member to the Isles of Capri Fire Control District Advisory Committee. 3/22/20059:00:00 AM Prepared By Sue Filson Board of County Commissioners Approved By James V. Mudd Board of County Commissioners Executive Manager to the BCe BCC Office Date 3/09/200510:57:40 AM County Manager County Manager's Office Date 3/9/2005 1 :02 PM 03/07/2005 12:41 2393945862 ISlES OF CAPRI FIRE PAGE 131 Agenda Item No. 9A . March 22, 2005 Page 3 of 10 ISLES OF CAPRI FIRE & RESCUE DISTRICT March 6. 2005 RECEIVED . MAR 0 1 2005 Ms Sue Filson BoBId of County Commissioners 3301 East TamiRnJÎ Trail Naples, FL 34112 . BoIIIå of County CO....I..... ,,- _.,........,..,.....,........_"'_~.~,,,.~':. rJ', ,.., ,........."...,.~.:,: o' ...":.. '. .~,,,_,,,,,,...,,,,~_. . . ~'" ~. ~3t V;\ ~"::~ ;;r.'" \~ :,;, :·.r..~ :,';-:.... '" ." .r.~ .. 1,"11" "''r.~ ,~~~".Ôåj!:,~, :.~.!.".:" ~ ~I" ~ ,. '!\' 'f ';.1.I....~ Jdi' l~~. ~i' JIot' ,,,1,,0 ';,. - 0.1\" ·,.T ..'''I''''....-l '{"r!". ¡.¡ ,.."c .,or ~ 1f.";~ ,.;,.. ~;~,.. '~"' . . . -,', ': ::.. :.¡; . - :f"'~. ':;( ~.,. . . . ,·:,:;;~~,~t.{i~~~~;~,,:, DearMs Filson: ..,:v'", ......,¡,... ..,"....,..... :r. ot . I' J, .~;~::*~.~~:.r~r~:::~.~.~ \~. :':":':. : Tbaak you for)'~ memo daœd F~,~~6M, advisin¡ us of two ~licants for mem.bcrsbip on o~ Ad~ Board. . ,,t :~ ": (.~::: '.) r .: . . .¡h.. .' Ati1snguJar~ ~y, MIrclJ.~200S, 1be ~ n~mous1y to ..-.-. the IicatiOn ~~Rafe~ ~it~~..· .. ~. -..... app. ,.". 1r:~~.,J! .~':fr(..." . '.' . ~." " .d... I·....~..:~, .,r,' .~.,.f,'i~~I~~"';¡¡;;'~~"+':'':. t:~~'I.;n:.,>::~~ ....'¡I.):~: ;.\:I~ I.,., "~"." I ,,~ "t.,....'.,....', .~; . . ~ We 1ppreçÏ8te your ~lp ~ ~is matta'. .~/ / " ~~,. ~~.. i' V-truly vnll", .\ (j~.i., ~., :; _ . ~t1.¡¡;f: i:i;t :'~" -." ,,~-... ~" "" odjJ, 'iJfj~~ -; /' \ " to . !.;'h ~ ~.zr.' .if:: .,J' , .~. ",' ¡;;. ~.., :ìn~ '.... ;:. ../ '.. . ~ ........~ 'ft';t"..... ~7.... . 'M:..":-:.,, " õf~ I Tff.?"r" .:·;L:.;~: '.U' . ..~. fr...".. . f..,,,.. '1' MJL:rkl 175 CAPRT BOULEVARD'" ISLES OF CAPRI * NAPLES. FLORIDA 34113 + (239) 394.8770 Agenda Item No. 9A March 22, 2005 ,- Page 4 of 1 0 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appI 2ndExpDate 2nd Term VACANT 12/31105 / Naples, FL E-Mail: District: 1 Ctltegory: Resides within MSTU Mr. Benjamin F. Pearson 394-9888 01/14/03 12/31/04 2 Years 152 E. Hilo Street 389-1173 01/11/05 12/31106 2 Years Naples, FL 34] 13 E-Mail.' bfþüi@yahoo.com District: 1 Category: Resides within MSTU Mr, Morris James Louis 09/14/99 12/31/01 2 Years 25 Capri Boulevard 389-0371 02/24/04 12/31105 2 Years - Naples, FL 34113 E-Maü: District: 1 Category: Resides within MSTU Ms. Regina Day 393-2103 01/11/05 12/31/06 2 Years 163 Trinidad Street 389-2198 Naples, FL 34113 E-Mail: rdaymeet@aol.com District: 1 Category: Resides within MSTU Mr. J, Jay Cavanaugh 775-0044 01/14/03 12/31/04 2 Years 8599 Pepper Tree Way 775-0044 01/11/05 12131/06 2 Years Naples, FL 34114 E-Mail.' patcavanah@aoJ.com District: 1 Category: Resides within MSTU ':1t<II'. . Wednnday, MørcIt 99, 2tHJj '. '''N....~'·..:. Õ/f:~:,,~'~ .~,.! ,.,.... ",~' .;.. ~:."'""..,,~,....,~~.<If't.'~'.: ~.... '\., ,"\'-' ~.".".;"",,¡'''''~'''.' :"''''''.0''' ,":" ...... Pqe 1 012 ,- _.,.-.,---...~ Agenda Item No. 9A March 22, 2005 Page 5 of 10 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years. 394-3206, fax 394-5862 FL STAT 125.01 Staff: Chief Emilio Rodriguez, Isles of Capri Fire Depart: 394-8770 Wednl!Sday, MfII'Ch (19, 2fJfJS ·..cA'~:'·'~·,·..:- ',.-.~."~.:,o""""",."",,,,,_,..,,,,._. ..,......,>:.....~" Pøge 2 0/2 MEMORANDUM Agenda Item No. 9A March 22. 2005 Page 6 of 10 TO: February 7, 2005 Elections Office &\ ~ Sue Filson, Executive Manag J Board of County Commissio DATE: FROM: RE: V oter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ISLE OF CAPRI FIRE CONTROL ADV COMM William Rafeldt 1308 M9-it)~il Drive, #911 Naples, FL 34114 COMMISSION DISTRICT Warren Meade 8536 Peppertree Way Naples, FL 34114 J / Thank: you for your help. MEMORANDUM Agenda Item No. 9A March 22, 2005 Page 7 of 10 DATE: February 7, 2005 Chief Emilio Rodriguez Isle of Capri Fire District d& Sue Filson, Executive Manager Board of County Commissione 'II TO: FROM: RE: Isle of Capri Fire Control District Advisory Committee As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this cormnittee to submit a resume for consideration. I have attached the resumes received for your review as follows: William Rafeldt 1308 MainsaH Drive, #911 Naples, FL 34114 Warren Meade 8536 Peppertree Way Naples, FL 34114 Please let me know, in writing, the recormnendation for appointment of the advisory connnittee within the 41 day time- ftame, and I will prepare an executive summary for the Board's consideration. Please categorize tbe applieants in areas of expertise. If you have any questions, please calI me at 774-8097. Thank you for your attention to this matter. SF Attachments 01/29/2B65 14:57 ]' .. ,.. .~" ,".., e -- III 2393930525 ..~~; :J";,IOQ" PATRICIA SlLIMA ¡,~.:a \.II'" ...""."... ,. .I'\c, PAGE 01 Agendá1t'èm~o. 9A March 22, 2005 Page 8 of1 0 Board of County Comøløionen *_ EIIC T......... Trail M.,.., rL MU2 ",-.... r-'·;-:-- (HI) """''7 .., - I'ø: ('41) '17~ , . B''(..' .. .. . .{ .." ..; : f :}C_'f:; Applieation for Advitory CommlueeslBoards 1'1"': M' /1 A fJ1. ~ f£ L 'JJ. r ..... PlIo..: .z 3 ."13 .. ~ 0 'I If.... ÅlJdn.:../~ t! LL/l..t. A/;lf /1 }:> I? -It 91J:A, J;ed.; '¿:J If/I 'I fn "D. ...... ......:- ..............: - ~.. B......¡ "'r4 or C....... A."....r. ,7"111l IOt( Cd').: Ere.....a..J. C.Þprr (If.llcab\e): ~ 't~_'" c_....... ~ .....Ii,.... ................... ..... ... Are 1.. . ....,...,., "...r hi C.1Øtr C....,: Yo X No_ Do ".. CD,,"'" Mid .... ..., Y. II.............. ...., Mo ~ 11 v- J)cI,.. ...............,............... . C'AIIw c...,....... lit ..I......, v. trf'l,.............. -~L NIt ~ ,..... .lIt ...M: U..*a: 2. 'IllS t);'() //If/L IIÆ4-411-? - t!~ Þq~f.l. Esporio..... ~¡:'-~AI/ .lJAIIIA/~¡£ ... J11i1..;rIH~ 1idt. eoA,d , ~" y.tJ . J'''f -- "._ '-L-It .,., ~ ,,,,_"""" ,./1'" ~,.,"" ;I.....,.,........ __'J ".,.-**1.... ,.,...., ..."." fl....,.. -- .~.IC..... c."".".....PfIo 'ill'''''' "__, 7'Nff.1¥"" f1,. 141120 11'fØ """,.,,,,.../lIt,_.,..M....,,,(f4J}'7'!I.J,,,'- ~....u. -... ..... "'""",.",."... ~.._*'__~~c.... -'J~~.l!.. . .. .......-..--- ~ . - .. - 19 05 08:07a ". ML Meade 239-774-9277 p.2 Agenda Item No. 9A' March 22, 2005 Page 9 of 10. Board of County Commissioners 3301 East Tamiami Trail Naplcs, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards W~~ r€ J./ Name: ME'AOï:; Home Address: ~ .~- 3 iP P ~ ~ ç e.1'.. '\Q.i\:: \.i.ÞM" Fax No. , 1 'i~q:~ "'\ ì B.siDCSS Plaoue: H ((..\'\ ~ f' D tvfc~kS' Home Phoae: ~3f1. - "\ "\ '-\ <\A "\ ""\ Zip Code:.] q \ \ '"' e-mail address: Buiness: Board or Committee AppUed for: IJ.·le~ ~ f c.o..pr~ ¡:;',-'(. Bð('.wo.l Category (ifapplic:able): EUlRple: ColDllllula. Dj.crfe't neveloper..,DvlroD_tlilJ.t, lay periOD. de.. Are you a registered voter in Collier COllaty: Ves v No Do you curreatly IIoId publk ornce? Ves If so. .at ÍII tbt oft"ø! . v No Do yoa now Jel'Ye, or ....ve you ever served, 011 . Collier Co.at)' board or co....ittee! Ve. If yes, pI_e I" tile c:ommi1teeslboanls: No V- Please list your community activities (civic clubs. aeighborllood associations, etc. and positions held: .s 4 e J~:t·..,..tk. t\ f:;:ù EducatioD: C (,1\ ,€" c..h Experience: s.e. ~ A- \\C~<':"ti'6'Ð Pluse (lltllcll MY (It/t/MoIIIlI l"fo,.".1III11II YUIl f"1 penlllenL rill, .ppHClldOll ,lJoM/d be forwørt/ed (0 SlIe 1"11H", E.ucMtive Møn(l,er to tile BOlI.rt/ OfCOM~ Co_IøI."crI, JJf) Elln TII."tI_1 TrIlU. "'.plø. Fe. 341/2. 11:10/1 willi, plell.'c III.X you./' qpllcflt/on /0 ('U I ) 114.J603 or c-mtdl '0 ,""lib..rr6i>cmJiøw.... lid. 1'11.11k JNnI.I- volM_i1f6 10 ._ doc cJdt..., tû CøIIMr C....... .~ e -- e - J_" 19 05 08:06a ,;.;. ML Meade 239-774-9277 p.l Agenda Item No. 9A March 22, 2005 - Page 10 of 10 Founder of S&M Food Service Inc, a full-service vending machine company, specializing in providing food to hospitals in the City of Boston and surrounding communities, Coca Cola's largest Massachusetts vending machine distributor of product Held executive seat on National Automated Merchandise Association, for four terms Member of Emergency Response Team for 14 hospitals in the City of Boston. Contributor and supporter of local police department. providing citizen input and raising funds. Member of Ancient and Honorable Artillery Company Member of 100 Club - supplied financial aid to the families of fallen police and firefighters EXECuTtVESUMMARY Agenda Item No. 98 March 22, 2005 Page 1 of 9 -- AP~~NTOF.MßMBER.(S) TO THE (]QLDEN GATE BEAUTIFICATIONM$TU ~~SQ~Y'C()~rrrEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacancy, expiring on October 6, 2006 to the Golden Gate Beautification MSTU Advisory Committee. ÇONSIDERATIONS: The Golden Gate Beautiftcation Advisory Committee has 1 vacancy due to a resignation, with the tenn expiring on October 6, 2006, representing Precinct #323. This 5-member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was fonned for the purpose ofbeautiflcation and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. Ms Nanna Lees-Davis resigned on September 11, 2003. Numerous press releases were issued and one resume was received from the following interested citizen: APPLICANT I Richard Sims CATEGORY I Precinct No. 323 DIST ELECTOR ADV. COMM. ~ None COMMITfEERECOMMENDATION: Richard Sims "-' nSCALIMœACT: 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: MARCH 22, 2005 ,,-- -.----->-'--..-- COLLIER COUNTY Agenda Item No. 98 March 22, 2005 Page 2 of 9 BOARD OF COUNTY COMMISSIONERS Item Number 9B Item Summary Meeting Date Appointment of member to the Golden Gate Beautification Advisory Committee. 3/22/20059:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 3/10/200510:57:40 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/10/20057:12 PM Agenda Item No. 98 March 22, 2005 Page 3 of 9 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Liz De Leon, Operations Coordinator MSTU Date: March 9, 2005 Subject: Golden Gate Beautification IISTU Sue, at the Golden Gate Beautification MSTU meeting on March 8, 2005 the MSTU Advisory Committee reviewed the resume of one applicant, Richard Sims. The committee found the applicant to be qualified. The committee by a vote of 4-0 chose to recommend to the Board of County Commissioners that Richard Sims be appointed to serve in the Golden Gate Beautification MSTU committee. Transportation Services Division Alternative Transportation Modes Department Agenda Item No. 98 March 22, 2005 Page 4 of 9 Golden Gate Beautification Advisory Committee Nøme Work Phone Appt'd Exp. Date Term Home Phone DateRe-tlppt 2ndExpDate 2nd Term Ms. Ginger Martin 455-1654 12/14/04 10/06/07 3 Years 5040 31 st Avenue, S. W. 455-1654 Naples, FL 34116 E-MaU: XTRMOM@aotcom District: 3 Oltegory: Precinct 326 Ms. Barbara Segura 821-3801 12/17/02 10/06/06 4 Years 2343 41st Terrace, S.W. 348-8883 Naples, FL 34116 E-Mail: District: 3 Category: Precinct ~ 3 ;l..S"'. J ~\tY\ Ms. Norma Lees-Davis~" ø ~ 455-1712 12/17/02 10/06106 4 Years 172545thTerrace,S.W. 0\"'\\' 456-ð368 Naples, FL 34116 E-Mail: District: 3 Category: Precinct 625 Ms. Patricia Spencer 03/11/03 10/06/05 2 112 Year 5401 25th Place, S. W. 304-6886 Naples, FL 34116 E-Maü: District: 3 Category: Precinct Q6 3?- f.p Ms. Cheryle L. Newman 1 1/07/95 10/06/97 2 Years 5101 31st Avenue, S.W. 353-7969 11/13/01 10/06105 4 Years Naples, FL 34116 E-Mail: District: 3 Category: Precinct Q6-3M Wødttad4)l, December 15, 2(J(U Pagel øf2 ,...-.-. Agenda Item No. 98 March 22, 2005 Page 5 of 9 Golden Gate Beautification Advisory Committee Name Work Phone AppI'd Exp. Date Term Home Phone DateRe-tlppt 2"dExpDaJe 2nd Term This 5 member commltt8e W8S CI8IIIød by Old. No. 87-78 to advi8e ønd recommend _ to the beeutitication Met ßNIinten8nœ of ,.~ improvem..... within 1he roed right of WIlY _ described by ordIl'18nCIt bound8rles.. The committee IIhaI pt'8p8I'8 an itemized budget t:I the amount of money requiNd to cany out the business of 1he committee for 1he next fI8c:8I year. Amended on September 3, 1996. by Old. No. 98-50 and 98-51. PrecIncIs 818 623, 624, 625, 626, 627, and p8t of 622 / FL STAT 125.01 Staff: Bob Petersen, Project Manager, Landscape Maintenance: 213-5853 Wdnl!lldlzy, Dt!~ IS, ZfJfI" P4ge2of2 MEMORANDUM Agenda Item No. 98 March 22,2005 Page 6 of 9 TO: March 7,2005 Elections Office J Sue Filson, Executive Manager I Board of COWlty Commission DATE: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the countýs 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. GO BEAUTIFICATION ADV COMM COMMISSION DISTRICT Richard Sims 5391 19th Place, S.W. Naples, FL 34116 JP 5 Thank you for your help. - RE.CE.\\IE.O ~~\\ n % 1.00s eoecðotcoun'Y~ ~~_.._-~- ------. .--...-..--...-- MEMORANDUM Agenda Item No. 98 March 22, 2005 Page 7 of 9 DATE: March 7, 2005 TO: Liz Deleon, Transportation ~ Coordinator Sue Filson, Executive Manager / ~ Board of County Commissione FROM: RE: Golden Gate Beautification Advisory Conunittee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a reswne for consideration. I have attached the resumes received for your review as follows: Richard Sims 5391 19th Place, S.W. Naples, FL 34116 Please let me know, in writing, the reconunendation 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 appHcants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attaclunents Agenda Item No. 98 March 22,2005 Page 8 of 9 'Ison_s . .m: advisoryboardsGcolllergov.net Sent: Tuesday. February 15, 2005 5:46 PM To: filson_s Subject: New On-Rne Advisory Board Application Subnitted. ~~,.~ Board of County Commissioners 3301 East Tamlaml TraH Naples, FL 34112 Tel: (231) 774-3802 Fu: (239) 774-3802 f(tþ"..1 . ~ ~ ~ "~" .' . 4, ~ ·f' February 15, 2005 Application for Advisory Committees I Boards Name: Richard Sims Home Phone: 239-455-7062 HOme Address: 5391 19th Place SW -. City: Naples Zip Code: 34116 Fax Number: 239-597 -8986 Business Phone: 239-597-4675 Email Add.....:johnsonsaircondinc@earthlink.net Place of Employment: Johnson's Air Conditioning Inc. How tong have you lived In Collier County? More than 15 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: Golden Gate Beautification Committee Category: (if applicable) No information provided. e Do you currently hold public office? No - 2/16/2005 Agenda Item No. 98 March 22,2005 Page 9 of 9 e Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Attended code workshops in the 1980's to help fonnulate Collier County ordinances pertaining to contractor registration, contractor board business, ammendments to existing ordinances and the creation of the "back-flow" cross connection ordinance ( utilities ). Most of this work has now been replaced by the statewide code established after hurricane Andrew. Local boards were rendered powerless and many of their rules; unenforceable under toctay's statewide system. I was often selected to participate due to my trade expertise, my affiliation with trade programs at the Collier County Va-Tech and my envolvement in trade specific initiatives. Education: Southeast High School- Bradenton Florida e Experience I Background: Lived in Oneca Florida and visited Naples in the 1960's and 7as. Moved to Naples in 1978, Resident of Golden Gate since 1983. Rick and Rickie Sims have been married 20 years; their daughter Erin, attended K-12 at CCPS and recently graduated from Pfeiffer University, she returned to Golden Gate to teach elementary school and coach aquatic sports. Rick and Rickie own Johnson's Air Conditioning Inc., Rick is a State Certified Mechanical Contractor CMC041066. Rick Sims spent 12 years at the JLWVo-Tech, beginning in 1987 as the air conditioning instructor and was a full time state certified vocational teacher. Rick and Rickie have been active in trade associations and in parent organizations ( Rick Sims was the very 1st SAC chainnan at JLWVo- Tech ). Most of our civic activities in the past revolved around our daughters activities; now that our daughter is grown, we have interests ( and more time) to participate in other areas. e 2/16/2005 Agenda Item No.. 9C March 22, 2005 Page 1 of 71 /'""""' ÉXÊCUTtvÊ ·sÏIMM.ÅJlY MEMBERS TO THRPELlCAN BAY MSTBU ADVISORY QBJECTIVE: To appoint 5 members (4 representing the Resident category and 1 representing the Commercial category) to serve 4-year tenns, expiring on March 31, 2009 on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: This 11 member Advisory Committee was established by Ordinance 2002-27 as atnended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-tenn community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in the backup. The terms for Maurice James Burke (resident), George H. Werner (resident), John Domenie (resident), and Christopher F. Sutphin (resident) will expire on March 31, 2005 . We currently have 1 vacancy represe,:tting the (commercial category) due to a resignation. Ordinance 2002-27 states that the Bœrd of County Commissioners shall publish the list of /'""""' nominees and the positions on the Committee for which they have been nominated and deliver a conformed copy to the Clerk of Courts. The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Re$idential or CommerciallBusiness/Other") corresponding with the class for which the balloting is occuning (''Residential or Commercial/Business/Other") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. TIlE BALLOTING DATE WAS: MARCH 14, 2005 Ballots Malled: 6712; Number of Residential Ballots Returned: 1495 APPLICANT CATEGORY BALLOTING RESULTS 1030 976 934 887 576 424 411 No sition ointment Resident Resident Resident Resident Resident Resident Resident Commercial NOTE: According to available records, Mr. John 1. Boland is an officer/director of Pelican Bay ,,-. Property Owners Association, Inc. ~< ,~ <'-~ Agenda Item No. 9C March 22. 2005 Page 2 of 71 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners appoint 4 members representing the Residential category and 1 member representing the Commercial category and direct the County Attorney to prepare a resolution confinning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 22, 2005 COLLIER COUNTY Agenda Item No. 9C March 22, 2005 Page 3 of 71 BOARD OF COUNTY COMMISSIONERS Item Number 9C Item Summary Meeting Date Appointment of members to the Pelican Bay MSTBU Advisory Committee. 3/22/2005 9:00:00 AM Prepared By Date Sue Filson Executive Manager to the Bee 3/14/200510:57:40 AM Board of County Commissioners BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/14/20055:20 PM · Agenda Item No. 9C March 22, 2005 Page 4 of 71 Pelican Bay MSTBU Advisory Committee Name Work Phone A.ppt'd Exp. Date Term Home Phone DateRe-4ppt 2ndExpDIlle 2nd Term Mr. David A. RoeUig 02110198 01/29/02 4 Years 6000 Pelican Bay Blvd., #204 594-2210 01108/02 01/29106 4 Years Naples, FL 34108 District: 4 Ciltegory: Resident/Engineer Mr. David C. Nordhoff 03/25/03 03/31/07 4 Years 8420 Abbington Circle #B 11 594-8420 Naples, FL 34108 District: 2 Category: Resident # "- .\Á Mr. Glen D. Harren (~.s~rlo·~ 598-1605 02108194 01/29/98 4 Years v" 5415 Tamiami TrailN. #320 01/08102 01/29106 4Ycars Naples, FL 34108 District: 3 .--- Ctdegory: Commercial/Developer Mr. Maurice James Burke 05122101 01/29/05 4Years ./' 5801 Glencove Drive, #508 598-3140 Naples, FL 34108 District: 2 Category: Resident Mr. James A. Carro11 02/10/98 01/29/02 4 Years 8430 Abbington Circle, C-31 597-9767 01/08/02 01/29/06 4 Years Naples, FL 34108 District: 2 Ciltegory: Resident/Engineer Mr. George H. Werner 591-2171 02/02/93 01/29/97 4 Years 1919 Trade Center Way, #2 566-3361 OS/22/01 01129/05 4 Years ./ Naples, FL 34109 District.' 2 Category: Resident/CAPS .,~'-" Wed1Jesday, AprU. 23,. 2003 Pap 1 of 3 Agenda Item No. 9C March 22, 2005 ,.---. Page 5 of 71 ...-',. Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ntlExpDate 2nd Term Mr. Donald Spanier 04122103 03131/07 4 Years 812 Pitchapple Lane 594-2851 Naples, FL 34108 District: 2 CattfgO"': Resident Mr. John Domenie OS/22/01 01/29/05 4 Years c./" 801 Knollwood Court 566-3179 Naples, FL 34108 Dåúid: 2 Category: Resident Mr. John laizzo 03/25/03 03/31/07 4 Years 6573 Marissa Loop, #1902 592-0678 Naples, FL 34108 District: 2 -~,..<~ Category: Resident Mr. Ed Staros 598-6626 06/25/02 01120/06 4 Years 753 Brentwood Point 596-4561 Naples, FL 34110 District: 2 Category: Commercial Mr. Christopher F. Sutphin 05121J0l 01129105 4 Years /' sno Bay Colony Drive, #104 596-1351 Naples, FL 34108 District: 2 CaJegory: Resident .,---. WdnesdflJ', April 23. 2003 Page2of3 - "._-~.." ..>-~---".,. Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRJwzppt 2ndExpDate 2nd Term This 15 member committee was created by Ora. No. 90-111 and amended by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commiasioners in detennining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board In effecting a smooth and expeditious transfer of street lighting, water management and beautification se!Vices, responsibilities and obflgations from the Pelican Bay Improvement District. On 11/3198 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On April 11, 2000. the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 members. On 5/28102 the BCC adopted Ora. 2002-27 estabalshing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be representative of the commercial & business interests within the unit Terms will expire on March 31 Jay Cross. Executive Assistant to Clerk 732-2725 ...-:-- FL STAT 125.01 Støff: Jim Ward, Pelican Bay Services Division: 597-1749 "-¡. Wl!dn~ay, April 23, 2003 Pap30f3 ... -...,"-.- Agenda Item No. 9C - March 22, 2005 Page 6 of 71 MEMORANDUM Agenda Item No. 9C March 22, 2005 Page 7 of 71 DATE: January lOt 2005 FROM: TO:' Elections Office RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuaJs for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each appJicant resides. PELICAN BAY MSTBU ADV COMM COMMISSION DISTRICT David J. Trecker ~ 6825 Grenadier Boulevard, # 1902 Naplest FL 34108 John J. Boland eX 8420 Abbington Circle - B-15 Naples, FL 34108 Matthew William Mathias if 2025 Merlin Court Naples, FL 34105 John Domenie óf 749 Bentwater Circle, #201 Naples, FL 34108 Christopher Sutphin 0 8720 Bay Colony Drive, #104 Naples,FL 34108 Joan Sehdev ~ 809 Pine Creek Lane Naples, FL 34108 Maurice James Burke a ,- 5801 Glencove Boulevardt #508 Naples, FL 34108 .. ~"""4IItr. 4'. .... '"7 I,., Mary Anne Womble 816 Kingbird Court Naples, FL 34108 Harry L. Coburn 7515 Pelican Bay Boulevard, #5B Naples, FL 34108 Thank you for your help. ~ cR .~- , Agenda Item No. 9C March 22, 2005 Page 8 of 71 · Agenda Item No. 9C March 22, 2005 . Page 9 of 71 MEMORANDUM DATE: January 10, 2005 TO: Dwight Brock, Clerk of Court Jay Cross, Executive Assistantar Sue Filson, Executive Manager ~ Board of County Commissio " FROM: RE: Pelican Bay MSTBU Advisory Committee As you know, we cmrently have 5 vacancies (4 representing Residential and 1 representing Commercial) 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: David J. Trecker - RESIDENT _ 6825 Grenadier Boulevard, #1902 Naples, FL 34108 John J. Bo1and - RESIDENT 8420 Abbington Circle - B-15 Naples, FL 34108 Matthew William Mathias - COMMERCIAL 2025 Merlin Court Naples, FL 34105 John Domenie - RESIDENT 749 Bentwater Circle, #201 Naples, FL 34108 Christopher Sutphin - RESIDENT 8720 Bay Colony Drive, #104 Naples, FL 34108 Joan Sehdev - RESIDENT 809 Pine Creek Lane Naples, FL 34108 - Maurice James Burke - RESIDENT 5801 G1encove Boulevard, #508 Naples, FL 34108 Mary Anne Womble.. RESIDENT 816 Kingbird Court NapJes, FL 34108 Harry L. Coburn - RESIDENT 7515 Pelican Bay Boulevard, #5B . Naples, FL 34108 . Agenda Item No. 9C March 22, 2005 Page 10 of 71 Please let me know, in writing, the recommendation for appointment of the advisory committee, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter, SF Attachments - fllson s - . Agenda Item No. 9C March 22, 2005 Page 11 of 71 From: Sent: To: Subject: DAVID TRECKER [djtrecker@snet.net] Monday, January 17, 2005 2:36 PM fllson s Pellcãn Bay MSTBU Advisory Board Dear Ms. Filson: I recently submitted my name for nomination to the Pelican Bay MSTBU Advisory Board. I now find that, because of inconsistencies and a possible conflict of interest with my role as head of the effort to annex Pelican Bay to the City of Naples, I must remove my name from consideration. Accordingly, please strike my name from the list of nominees. I hope that this has not caused you any inconvenience. Yours truly, Dave Trecker ,- 1 12/28/2004 13:12 FAX 9417743802 BCC III 001 Agenda Item No. 9C March 22, 2005 Page 12 of 71 ,¡r *~¿ AppJj~atioD for Advisory CommitteeslBoards Board 01 Couøt)r ~ JJOl lat T.... TraU Nllples, n.. 3411.% (239) 7'74-1097 Fa: (239) 774-UOz Edacadoa: E "......... "".,...,~.....,.."..,,,,,,... :nrø ...~.IøeM N~.", ÞMøIw .......... "-"I'!fc.... ,"--Wit I d,JJll" T__ n.&~ n. .J11I2. ",......,...~,.,J,., .""lftzrJ)1N.ffIl",,*"" ..1IiI,.~··..J1IL- .-..11& .n..t,.,J'r..-- ·1 ...._..___"'c.r¡..~ . Agenda Item No. 9C March 22, 2005 Page 13 of 71 DAVID J. TRECKER Personal Age 68 Matried (45 years), with three children & four grandchildren Resident of Naples, FL Education AB. Ripon College (phi Beta Kappa) -1958 M.S. in organic chemistry, University of Chicago - 1960 Ph.D. in organic chemistry, University of Chicago - 1962 Professional Çareer Union Carbide, 1962-1973 Research Scientist & Technology Man~ger Pfizer, 1973-1998 Director, Vice President, then Senior Vice President in Central Research Responsible for research for Chemical Division, resulting in introduction of over 30 new products and processes Member of the Executive Committees of Central Research and the Chemical Division Community Activities Pelican Bay Foundation - Board of Directors (2001~2004) Chairman of the Board (2002-2004) . Naples Better Government Committee (2004 - ) 81. Pierre Condominium - Numerous committees Republican Men's Club of Collier Cty. - Board of Directors (2004 - ) Old Lyme Country Club - Board of Directors (2003 - ) <"............ .Agenda Item No. 9C March 22, 2005 n Page 14 of 71 RECEIVEwo :" :~. ('. ., , "OOk ,)¡,.. 'oJ ..: I ¿ 0 Goarc of County CummisSiJners 6825 Grenadier Blvd., #1902 Naples, FL 34108 December 29, 2004 Ms. Sue Filson, Executive Mgr. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson: I wish to be a candidate for the Pelican Bay MSTBU Advisory Board. As past Chairman of the Pelican Bay F01mdation, I have a good bit of relevant experience and considerable knowledge of the wor~ of Pelican Bay. My application form and resume are enclosed. Please let me know if you need additional information. ;.or very truly, V~~ David J. Treeker · Agenda Item NO.9C March 22, 2005 Page 15 of 71 .lIson_s ~es:rJ erLt I tom: advIsoryboardsOcoIliergov.net Sent: Wednesday, December 29,20044:58 PM To: fllson_s Subject: New qn-fine Advisory Board Application Subnitted. ~~~~ Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (231) 774-3102 Fax:(239)77~802 .f(~ . "~~' ..' ,J .. . ..... . " , - .4 I ~ I December 29, 2004 Application for Advisory Committee. I Boards Name: JOHN J. BOLAND Home Phone: 239-594-0131 Home Address: 8420 ABBINGTON CIRCLE - B-15 City: NAPLES Zip Code: 34108 Fax Number: 239-594-1695 Buslnes. Phone: No information provided. Ernail Address: JOHNSUSANBOLAND@AOL.COM Place of Employment: RETIRED FROM GENERAL MOTORS How long have you lived In Collier County? 10-15 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: PB SERVICES DIVISION Category: (if applicable) No information provided. Re.6~.eY1-r Do you currenUy hold public office? No 12130/2004 -.--...-- Do you now aerve, or have you served on a No Collier County board or committee? Agenda Item No. 9C - March 22, 2005 Page 16 of 71 Please list your community activities: PELICAN BAY PROPERTY OVVNERS BOARD- DIRECTOR PELICAN BAY FOUNDATION NOMINATING COMMITTEE PELICAN BAY TENNIS ADVISORY COMMITTEE CHAIRMAN PELICAN BAY FOUNDATION BUDGET COMMITTEE PELICAN BAY SPECIAL STUDY FOR RESTAURANTS PELICAN BAY ST. KITTS CONDOMINIUM BOARD-VICE PRESIDENT Education: MBA - FORHAM UNIVERSITY BS - MAN HATTEN COLLEGE Experience/ Background: SPECIAL ASSISTANT TO EVP OF INSURANCE SUBSIDIARY OF GENERAL MOTORS OPERATIONS DIRECTOR FOR INFORMATION TECHNOLOGY FOR INSURANCE CORP. SYSTEMS ANALYST 12130/2004 Agenda Item No. 9C . March 22, 2005 Page 17 of 71 IIlson_s . Dm: advisoryboardsOcolUergov .net Sent: Wednesday, December 29,200412:07 PM To: Iilson_s Subject: 'New Qn-line Advisory Board Application Subrritted. -.:.1Pe,. Cmcø~ ~~- Board of County Commissioners 3301 Eat Tami8rnl Trail Naples, FL 34112 Tel: (239)-774-3802 Fax: (239) 774-3802 J.-tþl ',I t #'1 .. .' " ,. ¡ ) December 29, 2004 Application for Advisory Committees I Boards Name: Matthew William Mathias Home Phone: 239-263-9503 Home Address: 2025 Merlin Court City: Naples Zip Code: 34105 Fax Number: 239-598-7598 Business Phone: 239-598-7541 Email Address:mattmathias@msn.com Place of Employment: Wachovia Bank, NA How long have you lived In Colli.. County? 10-15 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: Pelican Bay MSTBU Advisory Committee Category: (if applicable) "Commercial" category - Do you currently hold public otnce? No 12/29/2004 Agenda Item No. 9C . March 22,2005 Page 18 of 71 Do you now serve, or have you served on a No Collier County board or committee? Please list your community actfvltles: Boys & Girls Club of Collier County - Vice President of Financial Services Take Stock in Children - mentor and Chairman of scholarship selection ctee Rotary International - member at large Masonic Lodge - member at large Scottish Rite - member at large Shrine Temple _ member at large Honorable Order of Kentucky Colonels _ member at large Education: Bachelors of Science Degree in Business Administration with dual major in Finance and Muli-national Business Experience' Background: 12+ years in Collier County with Wachovia Bank - formerly First Union Past Secretary, past membership chair, past Vice President and Past President of the Naples Gulf Shore Rotary Club Past Treasurer and current VP of Financial Services, on the Executive Committee and the Board for the Boys & Girls Club of CC Asked to participate on the "Financial Partners" committee for the Collier County Community Foundation 12/29/2004 Agenda Item No. 9C . March 22, 2005 Page 19 of 71 RECEtVEO MAIDA AND JOHN DOMENIE 749 BENTWATER CIRCLE #201 DEC 2 ij 200" NAPLES, FL 34108-6762 "'ÍI1~II'i.;-; \O!ií;:t';. . 239-566-3179 ~ôfG. .:J C,;.\¡nc:j iohandomenie@aol.com Friday,Dece~r17,2004 Ms Sue Filson Executive Manager Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Dear Ms Filson: I am pleased to attach my application for a position to the Advisory Board of the Pelican Bay Services Division - a position to which I was appointed by the Board of County Commissioners 3-1/2 years ago. Please let me know should you require any further data to lete my application. Via FAX - attaching three Da9- - orlginais in the mall 12/13/2004 16:50 FAX 9417743602 Bee ~001 . Agenda Jtem No. 9C March 22, 2005 Page 20 of 71 Applica:tioD for Advisor.,..ÇommitteeslBoards ". ',., c&~ ..., ~ CDIIIIty n-œ"~1 3:J8:1....T......TraiI ......, ""'_12 (D9) 17".." 1M: Ct») 77""'~ p Plate- JiIIt '*' Edu8&lea:. . n-......MJl~~..,...",..þtIl~ J'IoIo. IItIf -Io....~..".....".,..........................*.. ~.¡c...,c:-'fw· ø..1ØIE_T....,~MpW.I1.u"'" /f,.....~~w- 1 .(JØ~- 1IUl/T. nMNIool!ltilðollillr-_. .,.".,.,../itr ~ __* dII-..,~ c..or. I I 1- Agenda Item No. 9C . - March 22, 2005 Page 21 of 71 JOHAN (JOHN) DOMENIE 749 BENTWATER CIRCLE, UNIT #201 NAPLES, FL 34108-6762 TEL: (239) 566 3179 FAX: (239) 566-8179 E~MAIL ADDRESS: johandomenie@aol.com (Please note that my lmml name as It appears on my birth certificate, passport. driver's license, voter registration, etc is JOHAN Domenie. but that since the 1960's I have been known as JOHN Domenle. My present position on the Pelican Bay Services Division Board Is shown as JOHN Domenie) APPLYING FOR A POSITION ON THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD I HAVE BEEN A FULL TIME LEGAL RESIDENT OF NAPLES SINCE OCTOBER 1987. FOR THE FIRST 14 YEARS WE LIVED HERE IN PELICAN BAY IN A PRIVATE RESIDENCE LOCATED AT 801 KNOLLWOOD COURT. WE ARE NOW LIVING AT 749 BENTWATER CIRCLE (APT #201) IN THE BREAKWATER CONDOMINIUM ASSOCIATION, ALSO IN PELICAN BAY. WE OWNED A BUSINESS HERE IN NAPLES UNTIL 1994 WHEN WE SOLD OUT AND I RETIRED. IN THE PAST I HAVE BEEN JUNIOR WARDEN AND THEN TREASURER AT ST. JOHN'S EPISCOPAL CHURCH LOCATED ON CRAYTON ROAD; A MEMBER OF THE BOARD OF THE PELICAN BAY PROPERTY OWNERS' ASSOCIATION; A MEMBER OF BOARD OF THE MANGROVE ACTION GROUP; MEMBER OF THE BOARD OF THE ST TROPEZ CONDOMINIUM ASSOCIATION; AND SECRETARY THEN TREASURER OF THE ARMENIAN AMERICAN CULTURAL SOCIETY . PRESENTLY I HOLD THE FOLLOWING POSITIONS: MEMBER OF THE ADVISORY BOARD OF THE PELICAN BAY SERVICES DIVISION, AND ITS CLAM BAY SUB-COMMITTEE; EX-oFFICIO MEMBER OF THE MANGROVE ACTION GROUP; MEMBER OF THE BOARD OF THE BREAKWATER CONDOMINIUM ASSOCIATION, AND ITS FINANCE SUB-COMMITTEE; CO-CAPTAIN OF THE COMMUNITY EMERGENCY RESPONSE TEAM IN PELICAN BAY (TEAM FOXTROT) - UNDER THE NORTH NAPLES FIRE DEPARTMENT; .- ~._--- · Agenda Item No. 9C March 22, 2005 Page 22 of 71 PRESIDENT OF THE ARMENIAN-AMERICAN CULTURAL SOCIETY: VOLUNTEER IN S.O.S. (SERVING OUR SENIORS); AUDITOR FOR THE ARMENIAN ORTHODOX CHURCH IN HOlL VWOOD, FL. EDUCATION: HARVARD 1950 - B.A. - ECONOMICS EXPERIENCE/BACKGROUND - BASICALLY INTERNATIONAL FINANCE. BORN IN BRAZIL OF DUTCH PARENTS; HARVARD 1950; U.S. ARMY INTELLIGENCE 1961-1963; EVENTUALLY ASST TREASURER ATLANTIC REFINING, BRAZIL; AVP WELLS FARGO BANK INTERNATIONAL, NY; 1ST VP BAYERISCHE HYPOTHEKEN UND WECHSEL BANK, NY; 1987-1994 OWNER/MANAGER THE IMAGE BANK, NAPLES. ---- Agenda Item No. 9C March 22, 2005 Page 23 of 71 illson . ""'0111: advisoryboardsGcol&ergov.net w.nt: Monday, December 20,2004 8:14 AM To: filson_s Subject: New O.n-lIne Advisory Board Apptlcatlon submitted. ci&:r CoHn0' .~--- Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 T81:(231)774-3802 Fax: (239) 774-3802 f(tþl'..1 , , " "~ " . ~ " ..t' 1 ',i' December 20, 2004 Application for Advisory Committees I Boards Name: Christopher Sutphin Home Phone: 239-596-1351 Home Address: 8720 Bay Colony Drive 104 City: Naples Zip Code: 34108 Fax Number: 239-596-1353 Business Phone: 239-596-1351 Emall Address:chris@cfsbbs.com Place of Employment: Retired How long have you lived in Collier County? 5-10 years Have you ever been convicted of any orren.e against the law? Yes If yes, explain: Minor trafic violations Are you a registered voter in Collier County? Yes Board I Committee Applied for: Pelican Bay MSTBU Advisory Committee - Category: (if applicable) MSTBU A. uJ~r1-t 12/20/2004 -,,--,~","._...-._,.~._,--- Agenda Item No. 9C - March 22, 2005 Page 24 of 71 Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Pelican Bay MSTBU Advisory Committee - member since 2001. Currently Vice Chairman and Chairman, Budget Sub-committee Please list your community activities: Penn National Homeowners Association, Fayetteville, PA - President Mansion la Palma Condominium Association _ Director Education: BS(Bus) - University of Idaho, 1957 Post Graduate courses - University of New Hampshire Experience I Background: 32 years in the exectronics industry, 27 of which were with General Instrument Corporation. Retired in 1991 as President, Power Semiconductors. Extensive international experience including directorships of foreign subsidiary corporations. Commissioned in US Navy in 1957. CUlTently lCDR, USNR (RET). 12/20/2004 Agenda Item No. 9C March 22, 2005 Page 25 of 71 RECEIVED NaV 1 0 2004 ,809 PINE CREEK LAND BDard of Count,y COIR.iss 10l/frs NAPLES FLORIDA 34108 Ms. Sue Filson, Executive Manager to the Board of County Commissoners 3301 East Tamiami Trail Naples Florida 34112 November 9,2004 Dear Ms Filson: I am enclosing an application with an. attachment for an advisory board position on the Pelican Bay Services Division. If further information is required prior to consideration of this application, I would appreciate if you would contact me on my business phone, the number is noted on· this application. Sincerely yourt ~~~ JO~hdev - Advisory Board Application cà!f¡ergov.net ------.........-- Search Seen:h Engine Powered by Google. - Select a Department - Commission - Home Advisory Board Annual Calendar Board Agenda Boardroom Calendar Board Meeting Recaps Using the Boardroom Podium Computer Civic Associations Cler1t of Courts Laser Fiche District Map Interpreter's Guide Meetings & Information Press Releases ;~"~ "'-'~~!~:'IíIII~ ':'.~ ',.',~ ;.. :..;.;',..... "M.!l f ' '.'.. r' , '.. .. . '. c' ...... . ~. ...... ',,",~ '. -. . ,... Page 1 of2 . Agenda Item No. 9C March 22,2005 Page 26 of 71 -:: .' . ~<:.4tt. _ .\.~" f;"'~,' ., ' :!" 1{1·~jtl('}1 \~~itor HII....¡t)t·......, I Illrl,,! ,'t Advisory Board Application Please fill out the following form to apply for a Collier County Board I Committee. Once you have fttled out all of the neoeuary fields click the continue button below. 1 Enter Information 3. Prirt Information Name: Joan Sehdev Please type your name as it appears on your VOtf1rs registration Home Add.....: 809 Pine Creek Lane City; Naples Zip Code: 34108 Ho.... Phone: 23Ct-593-3913 Ex. 239-555--5555 au.tneu Phone: 785-554-5626 Ex 239-555--5555 Fax: Ex. 239-555--5555 Important: In order to recieve a copy of your applicetlon you must enIBr a valid E~il address. E-m811 Add...: jsehdev@aol.com BoIII'd or CommttIM Applied for: Pelican Bay Services Diviaion Ca~ ("~): Il.e 51 cr -t! ri1 Exampl,,: Commission District. Developer Environmentf1list. Citizen At-Large, etc. Aft you . reg"'red votar In Collier County? ~ No Do you currenUy hold public oftIce? Yes C!!:> If yes. what office do you hold? Do you now ..rve, or h8ve you ever MrYed on 8 Cofller County boll", or comm.... Yes <]g) http://colliergov.netlbcc/advisoryboard/index.cfm 11/9/2004 I 1- Advisory Board Application Page 2 of2 . Agenda Item No. 9C March 22, 2005 Page 27 of 71 11 yes, pie... llat the boards J commit:løee: ....... Iiet your community ......i... and poeIIIoM held: PIe8M see attactied \1st Example: CMc clubs, neighborhood associations. etc. Education: SA BIology, Raed CoIege. 0nIg0n M.D. Uniwnly d BrIIah CoI\.InbiII. Canada Board CertIIIed In FamIy PnIcIIce FeI\aW American College of Family PhysIcIans Elqlertence f BRkground: Homeowner in Pelican Bay Iinœ 1998 Florida !8SIdent and raglllenld votef' Married. Malher d three grown chlld..n PrinuIry C8I8 physician for 41 years. both In solO and group practICe Ac:t\ve in community lllfalrs and the medical community ActIve In homeOWnefS aaaocllltlon8 In PeIcan Bey, Oakmont and Lake of the Ozat1cs. MIssOuri Email to Sue Filion Reset If you have any questiona regarding this application please contBct Sue Filson, Executive Manager to the Board of County Commissioners, It (239) 774-8097 or emall to auefilson@col.rgov.net If necessary you may download a hard copy of this application and submit to Sue FUson at Sue Filson. ExøcutiVe Manager to the Board of Cou~ CommisaonenS 3301 East Tamlaml Trail Naples, FL 34112 You may also fax your appUcation to (238) 774-3802. Home I Jobs I UsIng Our Site I Contact Us I Dladatmer I Pnvac:y ContaCt the weÞmastw for tedmlC8l questions aboUt our web lite. Copyright 02000 . 2004 Coller County Govemment. All RIghts Reserved. Ueege Is IicenIed under1he tIIn'nS of the GNU Public Licen... Ally oller usage. atrIcItr prohibited. ~- http://co1liergov.netlbcc/advisoryboard/index.cfm 11/912004 · Agenda Item No. 9C March 22,2005 Page 28 of 71 JOAN SEHDEV M.D. 809 PINE CREEK LANE NAPLES FLORIDA 34108 Board of Directors: 1. American Investors Life Insurance Company 2. Tope~lood Bank 3. Saint Francis Hospital, TopekaKansas -- and past president of the medical staff 4. Stonnont Vail Hospital, Topeka, Kansas -- and past president of the medical staff 5. Memorial Hospital, Topeka Kansas - and past president of the medical staff 6. Shawnee County Medical Society, Topeka Kansas - and past president 7. Topeka Civic Theatre 8. Lady Luck Investment Club - and past president of the club 9. Port Velero Home Owners Association, Lake of the O~ Missouri COMMITTEES: 1. Kansas Medical Society - Legislative Committee 2. Golden City Fonun, Topeka Kansas 3. Pelican Bay Women's League 4. Oakmont Hótneowners Association JAH-05-0~ 12:02 PM MATTHEW BURKE STEAMATIC6 1 941 498 1271 P..lp1 ,Agenda Item NO. 9C March 22, 2005 Page 29 of 71 . FAX FAX FAX 01/05/05 TO: Ms. Sue Filson, Executive Manager. Board of county CommJssoners FROM: Jim Burke. Pelican Bay RE: Application for Advisory CommiUeeIRuatds Sue. attached is my application for reappointment to the PeHcan Bay MSTBU advisory committcc.lfyou need additional information please contact me at: TEL: 239 5983140 CELL: 239 2738102 EMAII.: the ri~htpcrson@lT\sn.com . Many thanks. Page 1 of2 .~ ...., , f·;.......· ¡: JAN-0S-0S 12:02 PM MATTHEW BURKE STEAMATIC6 1 941 498 1271 P.02 Agenda Item No. 9C- March 22, 2005 Page 30 of 71 Board of County Commissioners 330J ElIsI Tamlanli Trail ~lIplcs, t'L 34112 (239) 774-8097 Fax: (2.'9) 774-3602 ;) Application for AdYisory CommitteeslBoards Narne:h2AUfLltI IIhMJ'ßuR..ée (...fìm) HòmcPboDe:,¡~~S'"r~ 31t¡ð Home Address: S"l'éJ' (J ILM ~ hllß "..ro¡- :lJp Code: 3 c.¡ I D 2" Fax:'\lo. - . ."&£¡.,~vonod3'i 273 f/CJ2-&-mall addrcss:7HE RI{#T;,~elJ1.)p~ Place of F.mPloyt..cmcnt:--f2g.T\fi~ b Board or Committct~ Applied ror:..£-l..ll CA ~ R. If M ~ rf3 ú..11 fJ VI ø~ CO",,,,, rrE. £ Cateaory (if applicahlC'): I( e ~ I de "t, wmpf&': C:omm'~¡lon Dlsrrltl. D&"nloICr, ~nv'l'6nm.nr.n.,. lu, p&"nHlD. rtr, How IOQ~ have yoo lived in Collier Count)': Years ~ ~onlhs ç X ~C) Arc yoo a reelslerc:d voter in Collier Count)': Yes Do you ~urrcntJy hold A~.blie oftke? Yes )\ ((so. wflat I~ Ihlll omce?~).I(.A 'Ù &'1 .u ~TAU So A bV IS02y Cof1lIV ITTCl:: Have you ever been convicted of any otTenAe against tbe Law? If )'es, explain: _.. Yes_.. N<.) x Do you now sen'e, or ban: yuu ever 'Ji~rved. rr)'~ 1~lt.fC IÌlt Ihr ('Ommltteeslboards; C..\ I Educ:atiun:-.ß. ç, ,·rUß(,t~rti"L ~UT1on,- ~ ~()I(()<G>LllCP. ~(lirt ,hI CI (J,4 m --,-_. N.1$l1It'IIC'II IIIIY .Nllw"lIl Itr/ø'lfrhl/ø" J'Ol4fet'[ ¡WI'I;"""'. Thl, tlþþ/I('(lfl," ,lrø,,1I1H fØt'lWlI'tIl'III' Silt' I"U,.". ~&+('ffll¥ .'11""."., 10 ....",O/ClJNfflJ' C_",,,,'n'.llt',.,. ,¡,¡(}1 '-16$1 T_itJRr¡ Tl'tJiI, /litqlllf", FL J11I1. 1/)'Wllwh",pJMß,.!-yøll,qpll.clltitlfl iii ".1~.J 11¿-.JU' ~ f'-....iI hi ~mll(Nf(li'Cðllýo~'n·__" r"',,4 )'"'' f", I1UIII"tc'C'rilfl III ",vr ,II.. ,'1,1:.£"":1 lIfC«7lrr "",,"/)", JAN-20-05 06:31 PM MATTHEW ~URKE STEAMATIC6 1 9141 4918 121"2,. P 02 Agenda Item No. 9C . March 22, 2005 Page 31 of 71 CANDIDATE IN FORMA TION SHEET Jim Burke 5801 GleDcove Drive, Uoit 508 Naples, FL 34108 COMMUNITY ACTIVITIES: * Pelican Bay MSTBU Board Member, 4 years - Chairman, Clam Bay Sub-Committee ., Glencove Condomhlium AssociatioD - Board Member - 4 years - Board Preslent - 2 years * KniKhts of Columbus - St William CouDcll (positions held) - Deputy Grand Knight - Membersbip Director - Youth Director - ., Collier Harvest Volunteer * Habitat for Humanity Volunteer EDUÇATIONà ,., B.S. Industrial Relations, LeMoYDe Co Ileac, Syracusc, NY ~XPERIENCE: · Management Positions with Procter & Gamble ., Exccuti\'e Positions with: Holiday Hotel Corp Prom us Hotel Corp * Founder/President of Business Development Consultilll Company * Claamber of Commerce - Memphis, TN - Director - Small Business Council 01120/05 ._,....."..,---~~- I .Agenda Item No. 9C March 22, 2005 Page 32 of 71 . ftlson_s .)m: advisoryboardS@coflergoy.net Sent: Wednesday, January 05, 20056:15 PM To: filson_s Subject: New On-line Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamlaml Tnlll Naples, FL 34112 Tel: (238) 774-3602 Fax: (238) 774-3602 "A.-t~1 ....I! ......-.. 1:.,1 - .' . . ·1 .. '. . '., '. . .. , .' I ... January 05, 2005 Application for Advisory Committees I Boards Name: Mary Anne Womble Home Phone: 239-597 -8224 Home Address: 816 Kingbird Court City: Naples Zip Code: 34108 Fax Number: No information provided. Business Phone: No information provided. Emait Address: Teedup1 @aol.com Place of Employment: No information provided. How long have you lived in Collier County? More than 15 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: Pelican Bay Services Division Board Category: (if applicable) Citizen-At-Large Do you currently hold public office? No 1/6/2005 · . Agenda Item No. 9C March 22, 2005 Page 33 of 71 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I convnitt...: Chairman of Teacher Education Council for Collier County Please list your community activities: Member of Pelican Bay Chair of PACI Barron Collier High School Teacher Consult to Sea Gate Elementary School p.T.a. Chair of Interview and Principal Appointment Committee/Barron Collier H.S. Member of The Club Pelican Bay Education: Undergraduate: Centre College of Kentucky - B. A. - Elementary Education Graduate: West Virginia University - M. A. -Elementary Education University of Miami work on Ph.D. in Communication Certification in Gifted Education Certification in English As A Second Language Experience I Background: Teacher since 1970 Have taught all areas of elementary education. Have designed, written, and taught courses with a coordination of science and math... with a strong emphasis on the environment. Have taught gifted (superior intellect) classes - elementary level. Have taught gifted (superior intellect) math classes to different levels. Have been involved with the local environment through many projects that I initiated with my classes and their families. Work with "English as a second language adults" to improve their understanding and pronounciation of English. Work with pre-K children of homes where English is a second language. Have worked as a Peer Teacher. Have worked as a Supervising Teacher. Have written math questions that were utilized by the F.e.A.T. test at the secondary level. 1/6/2005 T :"_U___"__'_"" I I .Agenda Item No. 9C March 22, 2005 Page 34 of 71 fi15on_5 ,·tom: advisoryboards@coIliergov.net Sent: Friday. January 07, 2005 11:22 AM To: filson_s Subject: New On-ins Advisory Board Application Subrritted. -~~-.. Cmcnt,)' ~'"'""'---- Board of County Commissioners 3301 East Tam""l Tl1IiI Naples, FL 34.112 Tel: (239) 774-3602 Fax: (239) 774-3802 f(tþl'.1 , : ~ - .' . :¡ .~ ". f." ~ ." January 07, 2005 Application for Advisory Committees I Boards Name: Harry L. Coburn Home Phone: 239-566-8935 Home Address: 7515 Pelican Bay Blvd. # 58 City: Naples Zip Code: 34108 Fax Number: No information provided. Business Phone: No information provided. Emall Address:Harrycob@yahoo.com Place of Employment: Retired How long have you lived in Collier County? 5-10 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: Pelican Bay Service Division Board <: Category: (if applicable) No information provided. ResJ ;Je/l-t Do you currently hold public office? No 1/7/2005 ,Agenda Item No. 9C March 22, 2005 Page 35 of 71 Do'you now serve, or have you served on a No Collier County board or committee? Pie... list your community activities: No information provided. Education: Bachelor Degree College of the Holy Cross Graduate WorK in Public Administration George Washington University National War College Fort Mc Nair, Washington D.C. Experience I Background: Captain, US Air Force 1956-1959 Foreign Service Officer, US State Department 1960-1995 with service in American Embassies in Madrid, Spain, Rome, Italy and American Consulates in Suva, Fiji and Florence, Italy ,-.. In/2005 fllaon a - Agenda Item No. 9C March 22, 2005 Paae 36 of 71 From: Sent: To: Subject: J. Walter Cross [JWalter.Cross@clerk.collier.fI.us] Monday, March 14, 2005 2:36 PM filson s RE: Pëlican Bay Sue: Heidi Ashton, representing the County Attorney's office and I, representing the Clerk of Courts, have completed the ballot count and are presenting to the Board of County Commissioners the following results: 1.) John J. Boland - 1030 2.) Christopher Sutphin - 976 3.) John Dominie - 934 4.) Maurice James Burke - 887 5.) Mary Anne Womble - 576 6.) Joan Sedhev - 424 7.) Harry L. Coburn - 411 I believe that you are going to prepare the executive summary for the BCC meeting. I will be present to answer any questions. Thanks for your help. J. walter Cross Executive Assistant to the Clerk -----Original Message----- From: filson s [mailto:SueFilson@colliergov.net] Sent: wednesday, February 23, 2005 11:11 AM To: J. Walter Cross; Dwight E. Brock; weigel, David Subject: Pelican Bay Just a note to let you know that the BCC at yesterday's meeting approved the place and time for counting the ballots recommended by the Clerk as: BCC Chambers on Monday, March 14th at 2:00 p.m. Let me know if you have any questions. Thanks. Agenda Item No. March 22, 20 Page 37 of Pelican Bay Ballot C01D1t - March 14, 2005. 1.) 10hnl. Boland 1030 2.) Christopher Sutphin 976 3.) John Domanie 934 4.) Maurice James Burke 887 5.) Mary Ann Womble 576 6.) Joan Sehdev 424- 7.) Harry L. Coburn 411 Total Residential Ballots mailed 6712 Number ofReíidential Ballots Returned 1495 ... _. ~vision of Corporations .- Page 1 of2 Agenda Item No. 9C March 22, 2005 Page 38 of 71 ...~.. . Florida Non Profit Pft.¡~" BAY;I!L-__ ~4...n...!lLL¡:~~M.'~;~~ J ..,"'~ .. .~.. ' . ,- -.,--.._-~. ..-. . . .,___._.,,,..,,..__,... '_"_.'__"·__'h·· __,_.... ......,.,.__.__.. ,.-""," _.____~__. - .._.__.__.. .' ._. 0. 0._ _,.,__. PRINCIPAL ADDRESS 801 LAUREL OAK DRIVE SUN TRUST BLDG STE 600 NAPLES FL 34108 US Changed 01/18/2000 5--......" _".0'_" .~- -,- ........'~~",-.& -... .,._~._._,.~ ~---_._~-._. ~ '''>' -, ....-.....-. -_. --_.' MAILING ADDRESS 801 LAUREL OAK DRIVE SUN TRUST BLDG STE 600 NAPLES FL 34108 US Changed 01/1812000 Document Number N04412 FEI Number 592408707 Date FUed 07/3011984 State FL Status ACTIVE Effective Date NONE .-. - ...-.- ......-,.... __, u·'o'··' _"._. . -..--.- ... ~...._,.."'---- . egis ere ..2ent I Name & Address I PETERSON. MARVIN F 7008 PELICAN BAY BLVD.. NS04 NAPLES FL 34108 I Name OIan¡ed: 04I24l2OO3 I I Address ChaD¡ed: 04I24l2OO3 I R . t dA 'n.~,_ .~~_~ ....~ ..'.~~... affl'({1I1 Officer/Director Detail Name & Address ~s NAPLES FL 34108 II Title I ID I~ ~"'.' http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?a1=DETFIL&n 1 =N04412&n2=N AMFWD&... 3/1/2005 ....., "".' .. "I>jvision of Corporations NAPLES FL 34108 I I . <:ofJIII ~œt8IiI+ J D -~~~~J>,NS03 NAPLES FL 34108 ~160S D NAPLES FL 34108 DIAQUA~:. D ~.4J,I,.-. .....WJ04 NAPLES FL 34108 I .-~ D :~.; 1lJ,., ~",: NAPLES PI.. 34108 Page' 2 of 2 Agenda Item No. 9C March 22, 2005 Page 39 of 71 " ". . ......"..~.~-""-,...._,-'...,-,,-~-"._--...."--, -." -_.,_..-- '." """.,,, .._...".~ nu eports I Report Year ! FOed Date 2002 02lO6l2OO2 I 2003 I 0412412003 I 2004 II 0212712004 An aIR .n_ _,. ,~,_."...... _..., ".___,.~. .....,~ . ..._._...~.' __',_ w _.....~---~_.._-_._._'..._......_....._..._..'-_._--_..--.._-,...-.,,' . ~ <, . - . '. ",I' ," ~ ~ , .,,,' I '\, \.. I" No Events No Name History Information . ., ~...~'''.~_'_~._...._~_.,~__..., '"_.·_'.._.H"_··_.........,~'..__M.____._~_....___.__..~____.__..., ______.........___.'_...,.._.... Document Images Listed below are the images available for this filing. BUS 02102/1998 -- ANNUAL REPORT fJ2/07/1997 -- ANNUAL REPORT 04119/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .,~.""" . .--...._.,.., .'·,,_w,__·....",.~.,....·...., "",._.,~.~., .,m 'u.~"'~._._........_... .._.~."~.._. http://ccfcorp.dos.state.fl.uslscripts/cordet.exe?a l=DETFIL&n 1 =N04412&n2=NAMFWD&... 3/1/2005 · Agenda Item No. 9C March 22, 2005 Page 40 of 71 Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDaJe 2nd Term Mr. David A. RoeUig 02110/98 01/29102 4 Years 6000 Pe1ican Bay Blvd., #204 594-2210 01108/02 01/29106 4 Years Naples, FL 34108 District: 4 Oltegory: Resident/Engineer Mr. David C. Nordhoff 03/25/03 03/31/07 4 Years 8420 Abbington Circle #B 11 594-8420 Naples, FL 34108 District: 2 Category: Resident . ~~ r,l~. .'" Mr. Glen D. Harren (~ po ~1605 02108194 01129198 4 Years /' 5415 Tamiami Trail N. #320 01108102 01/29/06 4 Years Naples, FL 34108 District: 3 .-- Clltøgory: CommerciaVDeveloper Mr. Maurice James Burke 05122J0l 01129/05 4 Years ./ 5801 Glencove Drive, #508 59S-3140 Naples, FL 34108 District: 2 Oztegory: Resident Mr. James A. Carro11 02/10/98 01/29/02 4 Years 8430 Abbington Circle, C-31 597-9767 01/08/02 01/29/06 4 Years Naples, FL 34108 District.· 2 Category: Resident/Engineer Mr. George H. Werner 591-2171 02/02/93 01129/97 4 Years /' 1919 Trade Center Way, #2 586-3361 OS/22/01 01129/05 4 Years Naples. FL 34109 District.· 2 Oltegory: Resident/CAPB ',r'~" Wed1tesdøy, AprU23, 2003 J>øelllof3 "'''''''I\irI....H~~¡...._>I<..III!,~'"''''''''''.,''j¡¡,;¡.,'"....~·<.;,,,·.^·, Agenda Item No. 9C March 22, 2005 - Page 41 of 71 "'-',. Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRtt-appt 2ndExpDate 2"d Term Mr. Donald Spanier 04fl2I03 03131/07 4 Years 812 Pitcbapple Lane 594-2851 Naples, FL 34108 District: 2 Catqory.· Resident Mr. John Domenie OS/22/01 01/29/05 4 Years to/'" 801 KnoDwood Court 566-3179 Naples, FL 34108 Dutrlct: 2 Category: Resident Mr. John Iaizzo 03/25/03 03131/07 4 Years 6573 Marissa Loop, #1902 592-0678 Naples, FL 34108 District: 2 ~-.~ ...~ Category: Resident Mr. Ed Staros 598-8626 06/25/02 01/20/06 4 Years 753 Brentwood Point 596-4581 Naples, FL 34110 District: 2 Category.' Commercial Mr. Christopher F. Sutphin OS/22/01 01/29/05 4 Years /' 8720 Bay Colony Drive, #104 596-1351 Naples, FL 34108 District: 2 Calego",: Resident 'r'--' Wednfllldøy, April 23, 201)3 Pøge2 of3 .~ Agenda Item No. 9C - March 22, 2005 . Page 42 of 71 Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DtzteRø.appt 2ndExpDaJe 2nd Term This 15 member committee was created by Ord. No. 90-111 and amended by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in detennining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Boerd in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District. On 11/3198 the BCe reduced the membership from 15 to 13 members. Tenns are 4 years. On April 11. 2000, the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 members. On 5/28102 the BCe adopted Ord. 2002-27 establishing the 11 member committee. Membership shall be 9 representative of the residential Interests within the Unit and 2 shall be representative of the commercial & business interests within the unit Tenns will expire on March 31 Jay Cross. Executive Assistant to Clerk 732-2725 ..-,- FL STAT ]25.01 Súiff: Jim Ward. Pelican Bay Services Division: 597-1749 .O·-r·, Wednaday, Ápril23, 2003 Pap30f3 ,,- MEMORANDUM Agenda Item No. 9C . March 22, 2005 Page 43 of 71 DATE: January 10,2005 TO: - Elections Office FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. A1so, please list the commission district in which each appÜC8nt resides. PELICAN BAY MSTBU ADV COMM COMMISSION DISTRICT David J. Trecker eX 6825 Grenadier Boulevard, # 1902 Naples, FL 34108 John J. Boland c1 8420 Abbington Circle - 8-15 Naples, FL 34108 Matthew William Mathias if 2025 Merlin Court Naples, FL 34105 John Domenie Jf 749 Bentwater Circle, #201 Naples., FL 34108 Christopher Sutphin eX 8720 Bay Colony Drive, #104 Naples, ·FL 34108 Joan Sebdev cR 809 Pine Creek Lane Naples, FL 34108 Maurice James Burke ój .- 5801 Glencove Boulevard, #508 Naples, FL 34108 . ...... .... - "":"""""",,... n '-1 L-- !~.II_""-'-" Mary Anne Womble 816 Kingbird Court Naples, FL 34108 Harry L. Coburn 7515 Pelican Bay Boulevard, #5B Naples, FL 34108 Thank you for your help. ~ ~ t ..- Agenda Item No. 9C . March 22, 2005 Page 44 ~f 71 "- Agenda Item No. 9C . March 22; 2005 Page 45 of 71 MEMORANDUM DATE: January 10,2005 FROM: Dwight Brock, Clerk of Court Jay Cross, Executive Assistan:arto Sue Filson, Executive Manager , Board of County Commissio oj TO: RE: Pelican Bay MSTBU Advisory Committee As you know. we currently have 5 vacancies (4 representing Residential and 1 representing COIDDJeI'Cial) 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: David J. Trecker - RESIDENT - 6825 Grenadier Boulevard, # 1902 Naples. FL 34108 John J. BoJand - RESIDENT 8420 Abbington Circle - B-15 Naples, FL 34108 Matthew William Mathias - COMMERCIAL 2025 Merlin Court Naples, FL 34105 John Domenie - RESIDENT 749 Bentwater Circle, #201 Naples, FL 34108 Christopher Sutphin - RESIDENT 8720 Bay Colony Drive. #104 Naples, FL 34108 Joan Sehdev - RESIDENT 809 Pine Creek Lane Naples, FL 34108 Maurice James Burke - RESIDENT 5801 Glencove Boulevard, #508 Naples, FL 34108 .".......--.-. Mary Anne Womble - RESIDENT 816 Kingbird Court Naples, FL 34108 . Agenda Item No. 9C March 22, 2005 Page 46 of 71 Harry L. Coburn - RESIDENf 7515 Pelican Bay Boulevard, #5B . Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. 1ñank you for your attention to this matter. SF Attachments """W""__........._..,,"""',..,,,,,·;",.,;. .-..-...__..._- ß- filson s - . Agenda Item No. 9C March 22, 2005 Page 47 of 71 From: Sent: To: Subject: DAVID TRECKER {djtrecker@snet.net) Monday I January 17, 2005 2:36 PM filson s . Pelicãn Bay MSTBU Advisory Board Dear Ms. Filson: I recently submitted my name for nomination to the Pelican Bay MSTBU Advisory Board. I now find that, because of inconsistencies and a possible conflict of interest with my role as head of the effort to annex Pelican Bay to the City of Naples, I must remove my name from consideration. Accordingly, please strike my name from the list of nominees. I hope that this has not caused you any inconvenience. Yours truly, Dave Trecker 1 12/28/200. 13;12 FAX 94177.3802 Bee III 001 . Agenda Item No. 9C March 22, 2005 Page 48 of 71 AppliçatioD for Advisory Committer:sIBoards ., CoImty Board of CGuat)o C............., 3.1011.. T.u..i TraD N.,.es, JL 3411% (239) 774-8097 Pa: (239) 774-3ft2 bNrd or coa.ltkc! Ed.cadø: E ,...... .., ...... ~.....,..f"''''''' I'WI1IIJIIk........... ..~,.,., fa.. ~........ '*' "..".,C...,C~ 'iwlJ1IrIf,'.ffI... T"'ftC~ n. UII2. ",......,.,..Þ«"",.....,. 1r..(ZØ)71"J.h,.~ ",.;¡.,.....W' ....-.....-. n..,..þr-" . ..._..,........,c.œ.,.. ··"","¡"'''.;¡¡¡'"I_",HHW'I¡¡''';'~'«jhL;'''',""i;";'·'''',,;,i_.;,·,Y, -'. .- . Agenda Item No. 9C March 22, 2005 Page 49 of 71 DAVIDJ. TRECKER Personal Age 68 Married (45 years), with three children & four grandchildren Resident of Naples, FL Education AB. Ripon Conege (phi Beta Kappa) - 1958 M.S. in organic chemistry, University of Chicago - 1960 Ph.D. in organic chemistry, University of Chicago -1962 Professional Career Union Carbide, 1962-1973 Research Scientist & Technology Manager Pfizer, 1973-1998 Director, Vice President, then Senior Vice President in Central Research Responsible for research for Chemical Division, resulting in introduction of over 30 new products and processes Member of the Executive Committees of Central Research and the Chemical Division Community Activities Pelican Bay F01mdation- Board of Directors (2001~2004) Chairman of the Board (2002-2004) . Naples Better Government Committee (2004 - ) St. Pierre Condominium - Numerous committees Republican Men's Club of Collier Cty. - Board of Directors (2004 - ) Old Lyme Country Club - Board of Directors (2003 - ) ,,,-....... ·Agenda Item No. 9C March 22, 2005 RECEIVED Page 50 of 71 ¡lEC 3 1 2004 BoarC of County CUffimisSIJRers 6825 Grenadier Blvd., #1902 Naples, FL 34108 December 29, 2004 Ms. Sue Filson, Executive Mgr. Board of C01mty Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson: I wish to be a candidate for the Pelican Bay MSTBU Advisory Board. As past Chairman of the Pelican Bay FowuJation, I have a good bit of· . relevant experience and considerable knowledge of the worlcing9 of Pelican Bay. My appJication form· and resume are enclosed. Please let me know if you need additional information. ¡.or very truly, b'~~ David J. Trecker .- , Agenda Item No, 9C March 22, 2005 Page 51 of 71 .tlsoo_s ~eS;r1frLt . tOm: advl8Oryboards@collergov.net Sent: Wednesday, December 29,20044:58 PM To: 111800_$ Subject: New qn-line Advisory Board Application Subnitted. ~~K~ Board of County Commissioners 3301 East Tamiami Tral Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3802 ~ C~I ~. , I ~:" . .~ . ; ':., . ¡ -It ~ '/ December 29, 2004 Application for Advisory Committees I Boards Name: JOHN J. BOLAND Home Phone: 239-594-0131 Home Address: 8420 ABBINGTON CIRCLE - B-15 City: NAPLES Zip Code: 34108 Fax Number: 239-594-1695 Business Phone: No information provided. Ernail Address: JOHNSUSANBOLAND@AOL.COM Place of Employment: RETIRED FROM GENERAL MOTORS How long have you lived In Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Ves Board I Committee Applied for: PB SERVICES DIVISION Category: (if applicable) No information provided. RS.6~~Y7-r Do you currently hold public office? No ,.-- 12130/2004 Agenda Item No. 9C . March 22, 2005 Page 52 of 71 Do you now serve, or hay. you served on 8 No· Collier County board or committee? Pi.... list your community acUvIUe.: PELICAN BAY PROPERTY OVVNERS BOARD- DIRECTOR PELICAN BAY FOUNDATION NOMINATING COMMITTEE PELICAN BAY TENNIS ADVISORY COMMITTEE CHAIRMAN PELICAN BAY FOUNDATION BUDGET COMMITTEE PELICAN BAY SPECIAl STUDY FOR RESTAURANTS PELICAN BAY ST.KITTS CONDOMINIUM BOARD-VICE PRESIDENT Education: MBA - FORHAM UNIVERSITY BS - MAN HATTEN COLLEGE Experience' Background: SPECIAL ASSISTANT TO EVP OF INSURANCE SUBSIDIARY OF GENERAL MOTORS OPERATIONS DIRECTOR FOR INFORMATION TECHNOLOGY FOR INSURANCE CORP. SYSTEMS ANALYST 12130/2004 ","""'.;""¡¡¡¡"...._"f,.:""",~...¡~"......;¡"~'"";",.,,.,_..., ,Agenda Item No. 9C March 22, 2005 Page 53 of 71 fllson_s . om: advisoryboardsQcolHergov.net Sent: Wednesday, December 29, 2004 12:07 PM To: filson_s Subject: "New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 Eat T.m...... TraU Naples, FL 34112 Tel: (239)774-3802 Fax: (239)774-3802 J..-tþl,,1 ~ , I . . ~.. . 1(,,1 / December 29, 2004 Application for Advisory Committees I Boards Name: Matthew William Mathias Home Phone: 239-263-9503 Home Address: 2025 Merlin Court City: Naples ZJp Code: 34105 Fax Number: 239-598-7598 Buainess Phone: 239-598-7541 Email Address:mattmathiaS@msn.com Place of Employment: Wachovia Bank, NA How long have you lived in Collier County? 10-15 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 Appiled for: Pelican Bay MSTBU Advisory Committee Category: (if applicable) "Commercial" category Do you currently hold public otIice? No 12/29/2004 Agenda Item No. 9C . March 22, 2005 Page 54 of 71 Do you now serve. or have you served on a No Collier County board or committee? Please list your community activities: Boys & Girls Club of Collier County - Vice President of Financial Services Take Stock in Children - mentor and Chairman of scholarship selection ctee Rotary International - member at large Masonic Lodge - member at large Scottish Rite - member at large Shrine Temple- member at large Honorable Order of Kentucky Colonels - member at large Education: Bachelors of Science Degree in Business Administration with dual major in Finance and Muli-national Business Experience/ Background: 12+ years in Collier County with Wachovia Bank - formerly First Union Past Secretary, past membership chair, past Vice President and Past President of the Naples Gulf Shore Rotary Club Past Treasurer and current VP of Financial Services, on the Executive Committee and the Board for the Boys & Girls Club of CC Asked to participate on the "Financial Partners" committee for the Collier County Community Foundation 12/29/2004 . Agenda Item No. 9C . March 22, 2005 Page 55 of 71 MAIDA AND JOHN DOMENIE 749 BENTWATER CIRCLE #201 DEC 2 U 200~ NAPLES, FL 34108-6762 239.566-3179 ~oaf~ \)f CùlJï\f..ï:,,¡tiill\';;;¡! ûnt,.~ iohandomenie@aol.com RECE\vEO Friday, December 17.2004 Ms Sue Filson executive Manager Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Dear Ms Filson: I am pleased to attach my application for a position to the Advisory Board of the Pelican Bay Services Division - a position to which I was appointed by the Board of County Commissioners 3-1/2 years ago. Please let me know should you require any further data to Qlete my application. Sine rely. ~ (!)~..~ ~ John Domenie Via FAX - attachln9 three Dages - originals in the mall 12/13/2004 16:50 FAX 9417743602 BCC ~OOl . Agenda Item No. 9C March 22, 2005 Page 56 of 71 Applica,tiOD for Ad\lisory..~ommitteeslBoafds ...., (ß COIIIIty o-oøwøen 3381 Eut Tuai8IDI TraD MIIIIa¡. :rLMU (239) 17.....wf Jar (2)>) 71~ p Plale-1iIt '*- . Edaa'-:, n-..... _J"''' _.JIII/M ~-~j;4l,...,..,..Pá.,,....... I ~"~."'''''''''''.M....-.''''.. ..." IIffCMIIII C-...,I n .-..JnJ .....J"....,~ MpW. n 14111. 1/,.. ""'~1!IfI' w· ~ .. tJØ~.... ",fIi1li1......~......._. n.-,..þr~"""" ...".... ~ .,~~. .- . Agenda Item No. 9C . March 22, 2005 Page 57 of 71 JOHAN (JOHN) DOMENIE 749 BENTWATER CIRCLE, UNIT #201 NAPLES, FL 34108-6762 TEL: (239) 566 3179 FAX: (239) 566-8179 E~MAIL ADDRESS: ohandomenie@aol.com (Please note that my ~ name as It appears on my birth certificate, passport, driver's license, voter registration, ete is JOHAN Domenie, but that since the 1980's I have been known as JOHN Domenle. My present position on the Pelican Bay Services Division Board Is shown as JOHN Domenle) APPLYING FOR A POSITION ON THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD I HAVE BEEN A FULL TIME LEGAL RESIDENT OF NAPLES SINCE OCTOBER 1987. FOR THE FIRST 14 YEARS WE LIVED HERE IN PELICAN BAY IN A PRIVATE RESIDENCE LOCATED AT 801 KNOLLWOOD COURT. WE ARE NOW LIVING AT 749 BENTWATER CIRCLE (APT 11201) IN THE BREAKWATER CONDOMINIUM ASSOCIATION, ALSO IN PELICAN BAY. WE OWNED A BUSINESS HERE IN NAPLES UNTIL 1994 WHEN WE SOLD OUT AND I RETIRED. IN THE PAST I HAVE BEEN JUNIOR WARDEN AND THEN TREASURER AT ST. JOHN'S EPISCOPAL CHURCH LOCATED ON CRAYTON ROAD; A MEMBER OF THE BOARD OF THE PELICAN BAY PROPERTY OWNERS' ASSOCIATION; A MEMBER OF BOARD OF THE MANGROVE ACTION GROUP; MEMBER OF THE BOARD OF THE ST TROPEZ CONDOMINIUM ASSOCIATION; AND SECRETARY THEN TREASURER OF THE ARMENIAN AMERICAN CULTURAL SOCIETY . PRESENTLY I HOLD THE FOLLOWING POSITIONS: MEMBER OF THE ADVISORY BOARD OF THE PELICAN BAY SERVICES DIVISION, AND ITS CLAM BAY SUB-COMMITTEE; EX-QFFICIO MEMBER OF THE MANGROVE ACTION GROUP; MEMBER OF THE BOARD OF THE BREAKWATER CONDOMINIUM ASSOCIATION, AND ITS FINANCE SUB-COMMITTEE; CO-CAPTAIN OF THE COMMUNITY EMERGENCY RESPONSE TEAM IN PELICAN BAY (TEAM FOXTROT) - UNDER THE NORTH NAPLES FIRE DEPARTMENT; .- · Agenda Item No. 9C March 22,2005 Page 58 of 71 PRESIDENT OF THE ARMENIAN-AMERICAN CULTURAL SOCIETY: VOLUNTEER IN S.O.S. (SERVING OUR SENIORS); AUDITOR FOR THE ARMENIAN ORTHODOX CHURCH IN HOllYWOOD. Fl. EDUCATION: HARVARD 1950 - B.A. - ECONOMICS EXPERIENCE/BACKGROUND - BASICALLY INTERNATIONAL FINANCE. BORN IN BRAZIL OF DUTCH PARENTS; HARVARD 1950; U.S. ARMY INTELLIGENCE 1951-1953; EVENTUALLY ASST TREASURER ATLANT1C REFINING, BRAZIL; AVP WELLS FARGO BANK INTERNATIONAL. NY; 1ST VP BAYERISCHE HYPOTHEKEN UND WECHSEL BANK, NY; 1987-1994 OWNERlMANAGER THE IMAGE BANK, NAPLES. ---- ..,--.- . Agenda Item No. 9C March 22, 2005 Page 59 of 71 ftlson_s ""'Om: advisoryboards@colUergov.net ....nt: Monday, December 20,2004 8:14 AM To: filson_s Subject: New qn..Jine Advisory Board Application SubrTitted. .~ Board of County Commissioners 3301 Eat T8mÛlml Tl'Bil Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3802 ,~t~~ ~~ December 20, 2004 Application for Advisory Committees I Boards Name: Christopher Sutphin Horne Phone: 239-596-1351 Home Address: 8720 Bay Colony Drive 104 City: Naples Zip Code: 34108 Fax Number: 239-596-1353 Business Phone: 239-596-1351 Emall Address:chris@cfsbbs.com Place of Employment: Retired How long have you lived in Collier County? 5-10 years Have you ever been convicted of any orrense against the law? Yes If yes, explain: Minor trafic violations Are you a registered voter in Collier County? Yes Board I Committee Applied for: Pelican Bay MSTBU Advisory Committee "-" Category: (if applicable) MSTBU A. f.,$:C¡~I1-t 12/20/2004 ·~··"~___'"'>"··_"·_"--=___r~" -Agenda Item No. 9C . March 22, 2005 Page 60 of 71 Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Pelican Bay MSTBU Advisory Committee - member since 2001. Currently Vice Chairman and Chairman, Budget Sub-committee Please list your community activities: Penn National Homeowners Association, Fayetteville, PA - President Mansion La Palma Condominium Association - Director Education: BS(Bus) - University of Idaho, 1957 Post Graduate courses - University of New Hampshire Experience I Background: 32 years in the exectronics industry, 27 of which were with General Instrument Corporation. Retired in 1991 as President, Power Semiconductors. Extensive international experience including directorships of foreign subsidiary corporations. Commissioned in US Navy in 1957. Currently LCDR, USNR (RET). 12/20/2004 .- .Agenda Item No. 9G. March 22, 2005 Page 61 of 71 RECEJVED NaV 1 0 2004 869 PINE CREEK LAND 8Dard of Count, COII'I.isSlone-1"S NAPLES FLORIDA 34108 Ms. Sue Filson, Executive Manager to the Board of County Commissoners 3301 East Tamiami Trail Naples Florida 34112 November 9.2004 Dear Ms Filson: I am enclosing an application with an attachment for an advisory board position on the Pelican Bay ServiceS Division. If further information is required prior to consideration of this application, I would appreciate if you would contact me on my business phone. the number is noted on this application. Sincerely yo~ Çr~~ Jli:ehdev Advisory Board Application cãliiergov.net ------~---- Search Se8n:t1 Engine Powered by Google. - Select a Depar1ment - Commission· Home Advisory Board Annual Calendar Board Agenda Boardroom Calendar Board Meeting Recaps Using the Boardroom Podium Computer Civic Associations Cler1t of Courts Laser Fiche District Map Interpreter's Guide Meetings & Infonnation Press Releases ~~"~ ·'<~·:l"",¡. ::. ~...{-;..", 1..J1_~ 1- ' -;. t'"' ' . . .- ..., _. .,"'. ,..... . .~.. ",. '-~ ",'.~ '. ~.. .. .". Page 1 of2 . Agenda Item No. 9C March 22, 2005 Page 62 of 71 -: ;. :~."" t~,?I.. ~...< r:~ .'. . H<'~iò"l1t \ "if or HtI~jn(·",,\..; I I "tpl.., ,'(' Advisory Board Application Please fill out the following form to apply for a Collier County Board I Committee. Once you h8ve filled òut all of the necessary fields click the continue button below. 1 Enter Infonnation 3. Print In1o""lI1Ion Name: Joan Sehdev ~_. no< Please type your f1sme as it appears on your voters registration Home Add,...: 809 Pine Creek Lane City: Naples Zip Code: 34108 Home Phone: 23ft-593-3913 £x. 239·55~5555 Bu~..... Phone: 785-554-5626 £x. 239-55~5555 Fax: Ex. 239-55~5555 Important: In order to recieve 8 copy of your appIic8tIon you must enter 8 valid E-meH address. E......II Add...: jsehdeV@aol.com Bowd or CornmIteN Applied for: Pelican Bay Services DlYi8Ion Ca.ry(1(~): Il.e 51 Cf-en-f Example: Commission District, Developer £nvironmentalist, Citizen At-Large, etc, An you . Ng..,.d voWr In Collier County? ~ No Do you curNntly hold public otIIce? Y- C!!!> If yea. what office do you hold? Do you now ..rve, or have you ever Mf'Yed on . Collier County board or comm.... Yes <!i> http://colliergov.netlbcc/advisoryboardlindex.cfm 111912004 Advisory Board Application Page 2 of2 . Agenda Item No. 9C March 22, 2005 - Page 63 of 71 .- If yes, please list the boerdal committees: P--. lilt your community IICtivitiM and paeIIIoM held: Please see atI8ctied lilt Example: Civic clubs, neighborhood associations. etc. EduCldion: B.A. BIology. Reed CoIege, Oregon M.D. UnMll'sIty of BrIIiIh ColumbIa, Canada Boe/d CerttIIed k\ Family PnIctice FeHow American College of Famly PhysIcIan. Exptrtence I Bllckground: Homeowner in Pelican Bay since 1998 Florida I8IIdent and reglslenld votBf' Manied. MoIher of three grown chld""n Primary CIII1I physician for 41 years, both In solo and group pracllCe ActMt in community 8IfaIr& and the medIc8I community Ac:tNe k\ homeowners IIMOCiatIonI k\ PeIcan Bay. Oakmont and Lake of the Oarks. MIssouri Em.iI to Sue Filion R.... If you have any queationa regarding this application pie... contact Sue Filaon, Executive Manager to the Board of County Commiuioftera, at (239) 774-8097 or ernait to suefilson@colliergov.net If necessary you may download a hard copy of this application and submit to Sue Filson at Sue Filson. ExecutIve Manager to the Board of County Commisaoners 3301 East Tamillml Trail Naples, FL 34112 You may alsO fax your application to (231) 774-3802. Home I Jobs UBlng Our Site I Contact U. I DlIICIaImer I prtvacy Contact the webmester for 1IIc:hnlcel que&tion8 about our web ..... Copyright C 2000 - 2004 Coller County Govemment. AI RIOI* Reserved. Usage IllIIceneed \.WIer the I8rmB of the GNU Public License. Arrt oller uuga Is 8IdcIIy prohibited. .- http://cotIiergov .netlbcc/advisoryboard/index.cfm 11/912004 .Agenda Item No. 9C March 22, 2005 Page 64 of 71 JOAN SEHDEV M.D. 809 PINE CREEK LANE NAPLES FLORIDA 34108 Board of Directon: 1. American Investors Life Insurance Company 2. Tope~l00d Bank 3. Saint Francis Hospital, TopekaKansas - and past president of the medical staff 4. Stormont Vail Hospital, Topeka, Kansas -- and past president of the medical staff 5. Memorial Hospital, Topeka Kansas -- and past president of the medical staff 6. Shawnee County Medical Society, Topeka Kansas - and past president 7. Topeka Civic Theatre 8. Lady Luck Investment Club - and past president of the club 9. Port Velero Home Owners Association, Lake of the O~ Missouri COMMITTEES: 1. Kansas Medical Society - Legislative Committee 2. Golden City Forum, Topeka Kansas 3. Pelican Bay Women's League 4. Oakmont Homeowners Association 1 '.5141 4'.518 1271 P..~l .Agenda Item NO. 9C March 22, 2005 Page 65 -of 71 JAN-05-05 12:02 PM MATTHEW BURKE STEAMATIC6 ,~ FAX FAX FAX 01/05/05 TO: Ms. Sue Filson. Ex.ecutive Manager. Board ofcouoty Commissoners FROM: Jim Burke. Pelican Bay RE: Application for Advisory Commjtteelßoatds Sue. attached is my application for reappointment to the Pelican Bay MSTBU advisory committee. If you need additional information please contact me at; TEL: 239 5983140 CELL: 239 2738102 EMAIJ.: the ri*l'U¡)ç~op@fflsn.com Many thanks. Page 1 of2 .- ·ßwk .- ..... ..~:' JAN-05-S5 12:02 PM MATTHEW BURKE STEAMATIC6 1 941 498 1271 P.02 Agenda Item No, 9C- March 22, 2005 ~ Page 66 of 71 Board of County Commissioners 3301 EX51 Tllmlanl¡ TraU Nllplc5, "'L 34112 (239) 774-8097 Fax: (2.19)774-3602 Application for Advisory CommitteeslBoards Name: PIA U(¿I'~ r /WMJ' ßU R.. ê e (-{ì m ) Horn" Phone: d.:¡tj-S-f~ 3/ Y ð HomcAddr~ss:S-8'O' aÚA.KIZlL!J..Vß f1tro¡- . 7JpCod~: 3lJ/D ~ Fax:'\lo. - 'Jl1I'~~.vmö.J3t¡ ~.7J f/O]..&-mall addrcss:1HE ~/~}i"W1lel1JS"U~ Place of F.mPIO)'ccmcnt:-f2g.T~tt.Q Ò Board or Committc'1 Applied for:; -l.ll(A YJ i<A '{ M cs. TBL.l11 D VI ø~ Co fVI flUr,-é! Cateøofy (if applicahk~): R ~ ~ r de "t. ü.mpl,·: C:omm'~ilon Dlslrl~t. lk'nJoper, cnvlronlUfnhllbl. Iu~ plll'llOn. rt~. How 100& have YOD Ih'ed In l:ollicr County: Vean; Arc YOD a ree¡$ler~od voter io Collier C:o,",nt)': Yes Do you currently hold I\~þlic ofticeo) Yeti ¡... ((so.wharl$lha. om4."c:?+iLll.A 0 ~I( aU ~T~U ~ ~onlhs ç X :'\io No A bv ,s.~y Co..,.,. ¡ITa: Have you ever been convicted of any offense against the Law? If )'es, explain: _,. Yes_., ..No x Do you flOW scn'e, or hK\'C yuu ~"'r srrved, Irye.., 1»ICK'f1: Iile tht" c:ommittftllboards: C-\ t Educatlun:...B. ç, ··IUb(.(~TQilCL ~lJT1onc;- i.R ~ol((J.((kLlC'ø ~(ClCt ,vI --- Nø:ll IIt'III'1t II"'" ,,,li/i,;olllll ¡II/ørmtlflølr .fO/4 ftt'¡ fH""'¡IItII/' Th/$ tlppJ/~It'I(ft ,lrøllli 6t-/~~i ,. SMt' 1"lI,..., ~'"NI,¡w lll,m.,.., lø *,lIHnI 0/("1111111)' ("Þ/II.'fl/I).'/'$, ,f.f' I l".JI.fl TIVIIÚlIIII TI'tIt1. l'i1lfl1,,1I, FL JI I / Z. If}'ou wbrh. pJftU f/IX your """ticlld"n I. ",t9) ".t·,?(.ø, ."r(>.,.,,,n 'II *_tN.I'IMI1J'""ølf'rPlW.m'f. Till'" )'"'' Iv' \>U¡'t"'I'..r{,,~ III /Ir'"" ,hr dll;,'1rx II/CfllFlrr ("_III;·, ..... 1 941 498 1272,. P 132 Agenda Item ~o. 9C . March 22, 2005 Page 67 of 71 JAN-20-0~ 86:31 PM MATTHEW BURKE STEAMATIC6 CANDIDATE IN FORMA TION SHEET Jim Burke 5801 Glenc:ove Drive, Uolt 508 Naples. FL 34108 CpMMUNlTY ACTIVI1'IES: * Pelican Bay MSTBU Board Member. 4 years - Chairman, Clam Bay Sub-Committee · Glencove Condominium AssociatioD .. Board Member - 4 years - Board Prestent - 2 years * KniKhts of Columbus - St William CouDen (positions held) - Deputy Grand Knight - Membersbip Director - Youth Director * Collier Harvest Volunteer * Habitat for Humanity Volunteer EDUÇA)"ION: * B.S. Industrial Relations. LeMoYDe Colleae, Syracuse, NY nPER~ENCE: · Management Positions with Proeter '" Gamble * Executive Positions with: HolidalY Hotel Corp Promus Hotel Corp * Founder/President of Business Development CODsu1ti1l1 Company * Chamber of Commerce - Mentphis. TN .. Director - Small Business Council 01120/05 ,- .Agenda Item No. 9C March 22, 2005 - Page 68 of 71 filsoo_s .)111: advisoryboardsGcofUergov.net Sent: Wednesday, January 05, 20056:15 PM To: filson_s Subject: New Qn-llne Advisory Board Application Subrritted. ~ Board of County Commissioners 3301 East T.mi....i Tral Naples, FL 34112 Tel: (239) 774-3602 F.x: (239) 774-3602 J.-t~1 ..~ I Þ ~ - .' .. . .... ",,1 "/ January 05, 2005 Application for Advisory Committees I Boards Name: Mary Anne Womble Home Phone: 239-597 -8224 Home Address: 816 Kingbird Court City: Naples Zip Code: 34108 Fax Number: No information provided. Business Phone: No information provided. Email Address:Teedup1@aol.com Place of Employment: No information provided. How long have you lived in Collier County? More than 15 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: Pelican Bay Services Division Board Category: (if applicable) Citizen-At-Large Do you currently hold public office? No 1/6/2005 ,- .Agenda Item No. 9C March 22, 2005 Page 69 of 71 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards / convnittees: Chairman of Teacher Education Council for Collier County Please list your community activiti_: Member of Pelican Bay Chair of PACt Barron Collier High School Teacher Consult to Sea Gate Elementary School p.T.a. Chair of Interview and Principal Appomtment Committee/Barron Collier H.S. Member of The Club Pelican Bay Education: Undergraduate: Centre COllege of Kentucky - B. A. - Elementary Education Graduate: West Virginia University - M. A -Elementary Education University of Miami work on Ph.D. in Communication Certification in Gifted Education Certification in English As A Second Language Experience/Background: Teacher since 1970 Have taught all areas of elementary education. Have designed, written, and taught courses with a coordination of science and math...with a strong emphasis on the environment. Have taught gifted (superior intellect) classes - elementary level. Have taught gifted (superior intellect) math classes to different levels. Have been involved with the local environment through many projects that I initiated with my classes and their families. Work with "English as a second language adults" to improve their understanding and pronounciation of English. Work with pre-K children of homes where English is a second language. Have worked as a Peer Teacher. Have worked as a Supervising Teacher. Have written math questions that were utilized by the F.e.A.T. test at the secondary level. 1/6/2005 . Agenda Item No. 9C March 22, 2005 Page 70 of71 . filson_s I·rom: advisoryboards@colliergov.net Sent: Friday, January 07, 2005 11:22 AM To: filson_s Subject: New On-Ine Advisory Board Application Subrritted. ~ Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3602 «tþlool , ..,.A. 's . , . . :¡ . o~ .. . ¡ ~,~ 0,' January 07, 2005 Application for Advisory Committees/ Boards Name: Harry L. Coburn Home Phone: 239-566-8935 Home Address: 7515 Pelican Bay Blvd. # 5B City: Naples Zip Code: 34108 Fax Number: No information provided. Business Phone: No information provided. Emall Address:Harrycob@yahoo.com Place of Employment: Retired How long have you lived in Collier County? ~10 years Have you ever been convicted of .,y offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Pelican Bay Service Division Board 0:: Category: (if applicable) No information provided. R,eSJ -;Je/l-t Do you currently hold public office? No In/zoos ,Agenda Item No. 9C March 22, 2005 Page 71 of 71 Do you now serve, or have you served on a No Collier County board or committee? Ple.e list your community activities: No information provided. Education: Bachelor Degree College of the Holy Cross Graduate Work in Public Administration George Washington University National War College Fort Mc Nair, Washington D.C. Experience / Background: Captain, US Air Force 1956-1959 Foreign Service Officer, US State Department 1960-1995 with service in American Embassies in Madrid, Spain, Rome, Italy and American Consulates in Suva, Fiji and Florence, Italy In /2005 EXECUTIVE SUMMARY Agenda Item No. 10A March 22, 2005 Page 1 of 6 ---. Recommendation to award a $7,596,000 construction contract to Vanderbilt Bay Construction for the construction of the Vanderbilt Beach Parking Garage, project 90295, and approve the necessary budget amendments to include commercial paper financing. OBJECTIVE: To award a $7,596,000 construction contract to Vanderbilt Bay Construction, Inc. and approve the necessary budget amendments to cover a project cost increase and commercial paper financing for the construction of the Vanderbilt Beach Parking Garage. CONSIDERATION: This project is proposed to construct 342 parking spaces with restroom facilities at the site of the current surface parking near the west end of Vanderbilt Beach Road. This area is highly used for. public beach access parking and may be used for evening functions by the nearby hotel. This project was originally approved by the Board of County Commissioners on October 24, 2000, agenda item 8.D.2, with a budget of $3.8M (Tourist Taxes). On December 11,2001, agenda item 10.D, the Board authorized the initiation of legal action to allow the County to proceed with design and construction of the approved Vanderbilt Beach parking garage. A settlement agreement was approved with WCI Communities, Inc. on November 18, 2003, agenda item 10.A. .....'~. A $420,010 design contract was awarded to Walker Parking Consultants, Inc. on March 23, 2004, agenda item 16.E.7. The Site Development Plan was approved on February 22, 2005. On February 7, 2005, formal bid invitations were posted in the lobby of Building G-Purchasing and distributed to 182 firms that provide these services. On March 9, 2005, bids were received and opened from two (2) firms. Upon the review and evaluation of the bids, the Facilities Management Department determined that the lowest, "qualified and responsive" bidder is Vanderbilt Bay Construction, Inc. Vanderbilt Bay Construction, Inc. Lodge Construction, Inc. $7,596,000.00 $7,636,210.00 The direct project costs are as follows: Design I Permitting Construction Contingency TOTAL $ 600,000 $7,596,000 $ 400,000 $8,596,000 On December 16, 2003, agenda item 10.K, the Board approved a TDC Category "A" funding policy that requires one third of the revenues to be set-aside for beach park facilities and this equates to approximately $2M per year for beach park facilities. The Vanderbilt Beach Parking Garage was approved prior to this policy and therefore only the cost increase will be charged against beach park facilities. "...- The current project budget is $4.6M and the current project estimate is $8.596M. Due mainly to the major beach renourishment project scheduled for next winter, the additional funds are not currently available in Tourist Tax Reserves. Commercial financing over a ten year period would allow both this project and the various beach projects to be pursued simultaneously which will allow for the peak cash flow anticipated next fiscal year. The currently approved budget is $4.6M with $600,000 for design and permitting. The remaining $4M is recommended for ,'-" Agenda Item NO.1 OA March 22, 2005 financing at a cost of $1,135,000 assuming a 5% interest rate for a 1 O-year loan. Any addftiQ;rta£ of 6 costs above $4.6M will be financed from the beach park facilities annual set-aside. The table below shows the direct costs of the project as well as financing scenarios (only the construction costs will be financed) at various rates: Financing % None 2% 3% 4% 5% Design $600,000 $600,000 $600,000 $600,000 $600,000 Construction $7,596,000 $7,596,000 $7,596,000 $7,596,000 $7,596,000 Financina - Beaches $0 $457,500 $677,500 $897,500 $1,117,500 Financinc - Parks $0 $413,100 $610,900 $808,700 $1,006,400 Financing $0 $870,600 $1,288,400 $1,706,200 $2,123,900 TOTAL $8,196,000 $9,066,600 $9,484,400 $9,902,200 $10,319,900 Financing is proposed under the commercial paper loan program. The commercial paper loan program interest rate is adjusted monthly. Commercial paper rates are paid monthly based upon actual program interest rates. Transfers to debt service from fund 195 will be based upon actual program interest rates. For March 2005, the commercial paper financing rate was approximately 2%. Historically over the past three (3) years, the rate has remained relatively stable varying between two (2) and three (3) percent. Predicting the interest rate is difficult and for budget purposes an ultra conservative five (5) percent rate is assumed. Should interest rates remain low and stable, we can expect commercial paper rates to remain in the two (2) to three (3) percent range. As shown above, this would translate into substantial interest cost savings from the five (5) percent assumed budget rate. ,- Payoff of this project loan is anticipated well before the ten (10) year financing timeline. Construction is scheduled to begin this summer with completion early next year. However, both the South Florida Water Management District Environmental Resource permit and the Florida Department of Environmental Protection Coastal Construction Control Line permit are pending and could impact the construction schedule. On February 10, 2005, the Coastal Advisory Committee (CAC) recommended approval of the increased direct project costs as well as the financing of the construction costs of up to $7.5M. On March 10, 2005, the CAC recommended financing up to $8M to include covering the contingency amount. At the February 28, 2005, Tourist Development Council meeting, a motion to approve the cost increase and commercial financing failed by a vote of 3-4. On March 16, 2005, the Parks & Recreation Advisory Board will review this issue. It is expected that the Board of County Commissioners will consider the prerequisite Commercial Paper Financing Resolution subsequent to Finance Committee action at the BCC's regular April 12, 2005 regular meeting. FISCAL IMPACT: The current Tourist Tax Category "Aft Reserves are $561,634 and the funding policy approved by the Board in December 2003 requires $1,500,000 in Reserves this fiscal year. Approving both the total project costs and the commercial paper financing will both allow the project to proceed and return over $2.8M to the current fiscal year Reserves. - GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. Agenda Item NO.1 OA March 22, 2005 RECOMMENDATION: That the Board of County Commissioners 1) approve the awarcfCQfeá3 of 6 _ construction contract to Vanderbilt Bay Construction, Inc. in the amount of $7,596,000 and 2) endorse the use of commercial paper financing in the amount of $8M and approve all necessary budget amendments. Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department ~~. ,-... Agenda Item NO.1 OA March 22, 2005 Page 4 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 10A Recommendation to award a $7.596,000 construction contract to Vanderbilt Bay Construction for the construction of the Vanderbilt Beach Parking Garage, project 90295, and approve the necessary budget amendments to include commercial financing (Len Price. Administrator, Administrative Services and Ron Hovel!. Pnncipal Project Manager Facilities Management) 3/22/200590000 AM Item Number Item Summary Prepared By Date Ron Hove'11 Principal Proje'ct Manager 31101200510:57:39 AM Administrative Services Facilities Management Approved By Maria Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3110/2005 5:05 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 3110/20056:44 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 3111/20058:09 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 3111/200510:37 AM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 3111/2005 10:39 AM Approved By Skip Camp, C.F,M, Facilities Management Director Date Administrative Services Facilities Management 31111200510:52 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3111/2005 11 :50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3111120052:17 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/1512005 10:26 AM Approved By - Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 31151200512:54 PM >·";""'~·"'''""''';'''"'''''''<~"_i>Jijj/IIj''~..,...oiIi''',''",''.''''.'··, Agenda Item No, 10A March 22, 2005 Page 5 of 6 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/15/2005 3:02 PM Agenda Item No, 10A March 22,2005 Page 6 of 6 90295 Vanderbilt Beach Parking Garage FY03 FY04 FY05 FYCIA FY07 FY08 2003 2004 2005 2006 2007 2008 EVENT Cost Qtr1 Qtr2 Qtr3· Qtr <I Qtr1 Qtr2 QtrJ. Qtr <I Qtr1 Qtr2 ~, Qtr4 Qtr1 Qtr2 ~.Qtr4 Qtr1 Qtr2 Qtr3 ,Qtr4 Qtr1 Qtr2 Qtr3 Engineering Services - - Design/Permit, $600,000 Monitor COnstruction Construction (incl. $7,H6,OOO I Contingency) Project Total $8,596,000 I Recommendation to award 8 $7,596,000 construction CDntrect to Vandarbllt Sa Conatructlon for tha construction of the Vanderbilt Beach Parklna Gare08, ro'act 90295, and BMï-rove the "ucessaN budaet emendmenta to Include çonwnerciel flnaneina. I I I I I I Agenda Item No. 10B March 22, 2005 Page 1 of 20 - EXECUTIVE SUMMARY To Review the Written and Oral Reports of the Advisory Boards and Committees Scheduled for Review in 2005 in Accordance with Ordinance No. 2001-559 including the Coastal Advisory Committee, Collier County Planning Commission9 Disaster Recovery Task Force9 Ochopee Fire Control District Advisory Committee, and Smart Growth Advisory Committee OBJECTIVE: To determine if existing advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. ~ CONSIDERATIONS: Ordinance No. 20Ot-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. In 2005, eleven (11) advisory boards are scheduled for review. The first six (6), including the Bayshore Beautification MSTU Advisory Committee, Lely Golf Estates Beautification Advisory Committee, Radio Road Beautification Advisory Committee, Vanderbilt Beach Beautification MSTU Advisory Committee, Bayshore/Gateway Triangle Local Redevelopment Advisory Board, and Golden Gate Estates Land Trust Advisory Committee, were presented at the March 8, 2005 Board meeting. The remaining five (5) are to be presented at the March 22, 2005 Board meeting. The five (5) Advisory Committees up for review are listed below in the order of presentation: Coastal Advisory Committee Collier County Planning Commission Disaster Recovery Task Force Ochopee Fire Control District Advisory Committee Smart Growth Advisory Committee Each board Chair provides to the County Manager a written report (copies attached) that answers specific questions provided for within the ordinance. Staff comments, if applicable, are also included in each report. In addition, the ordinance calls for each board to make an oral presentation to the COWlty Commission during March of the year in which they are to be reviewed. FISCAL IMP ACT: In most cases the boards scheduled for review require only the staff time needed to attend, prepare back up information. minutes and any additional infonnation required by committee members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to the County may be as much as $50,000 to $65,000 annually in staff time, copying charges, minutes and other expenses. ..--... Agenda Item No, 10B March 22, 2005 Page 2 of 20 /.....-., GROWTH MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners review the written reports and oral presentations of the boards and committees scheduled for review in 2005, and if applicable, direct any revisions necessary to have these committees function as efficiently and effectively as possible. PREPARED BY: Winona Stone, Assistant to the County Manager -' ~ ;.- Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No.1 08 March 22. 2005 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 108 This Item to be heard at 9:30 am. on March 22. 2005. Recommendation to review the Written and Oral Reports of the Advisory Boards and Committees scheduled for review in 2005 in accordance with Ordinance No. 2001-55. Including the Coastal Advisory Committee, Collier County Planning Commission, Disaster Recovery Task Force, Ochopee Fire Control District Advisory Committee, and Smart Growth Advisory Committee, (Winona Stone, Assistant to the County Manager) 3/22/200590000 AM Management & Budget Director Date Office of Management & Budget 3110/2005 8 :32 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/1012DD5 6:54 PM --- Agenda Item No. 10B March 22, 2005 Page 4 of 20 ADVISORY COMMITTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2005 A. ADVISORY COMMITTEE: Collier County Coastal Advisory Committee lB. I C. I D. IE. IF. I G: CHAIRMAN: I Ron Pennington STAFF LIAISON: I Maria Bernal STAFF AGENCY: I Tourism, County Manager AUTHORITY: I Ordinance No. 2001-03 SUBMITTAL DATE: I January 11, 2005 FY 05 REVIEW DATE: I March 22, 2005 H. LAST BCC REVIEW DATE: No prior review date, created in 2001 I. SUMMARY: Collier County Ordinance 200 1-03 created the Collier County Coastal Advisory Committee (CAC), in cooperation with the City of Naples and the City of Marco Island, to assist the Board of County Commissioners (BCC) with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the BCC and the Tourist Development Council (TDC) of project priorities with respect to funding sources available to Collier County for restoration and protection of its shoreline. The Committee is composed of nine members with three each ITom the unincorporated area of Collier County, the City of Naples and the City of Marco Island. The governing bodies of the two cities may endorse and submit names and resumes of individuals for consideration. The BCC appoints individuals to the committee for a tenn of four years. Members are to possess familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs. The Committee reviews and analyzes all beach related Tourist Development Category "A" grant and funding allocation MEB: I:TDC CATEGORY A:CAC REVIEW::FY 05 Page 1 of4 Agenda Item No.1 08 March 22, 2005 Page 5 of 20 ,,- requests and makes recommendations to the TDC and BCe. The Committee also analyzes the needs of Collier County coastal resources management and makes appropriate recommendations for improvement to the BCC. Regular Committee meetings are held on the second Thursday of each month in the BCC Boardroom. The current membership is composed of City of Naples representatives Ron Pennington (Chairman), Councilman John Sorey III and Murray Hendel; City of Marco Island representatives Councilman John Arceri (Vice-Chair), James Snediker and Paul Sullivan; unincorporated Collier County representatives Anthony Pires, Graham Ginsberg and Heidi Kulpa. 1. Whether the Committee/Board is serving the purpose for which it was created. The Committee is effectively and enthusiastically serving the BCC and the people of Collier County for the purpose for which it was created. 2. Whether the Board is ade uatel servin current communi needs. The Committee is responsive to the identified coastal management needs of the County with a vision of future requirements. 3. List the Board's major accomplishments for the preceding 12-month eriod. a. During CY 2004, the Committee reviewed, analyzed and made recommendations concerning 39 Tourist Development Tax Category "A" funding requests and grant applications totaling $25,823,178. b. The Committee developed and proposed an adjusted 1 O-year TDC Category "A" funding/requirements projection, consistent with the funding policy established by the BCC on December 16, 2003. c. With recognition of a need for increased attention to the County's coastal resources, the Committee developed a recommendation to the BCC for the County to add a Coastal Systems Management function. d. As recommended by the County Attorney, the CAC adopted procedures for conducting its business. e. The Committee began a process to provide recommendations to the BCC defining arameters for fundin ass/inlet maintenance. Page 2 of 4 MEB: I:TDC CATEGORY A:CAC REVIEW::FY 05 Agenda Item No, 108 March 22, 2005 Page 6 of 20 f The Committee recommended action for the dredging of Wiggins Pass. g. The Committee maintains continuing oversight of ongoing projects including the major renourishment of Vanderbilt and Naples beaches, dredging of Doctors Pass, maintenance of Clam Pass and adjacent County Park beach, renourishment and T -groin construction at Hideaway Beach and South Marco Island beach/Caxambas pass dredging. This oversight includes evaluation of the several outside consultant recommendations and their responses to FDEP on permitting matters. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The comprehensive approach by the Committee and its composition of broad representation from the County and its two major Cities, provides a basis for quality recommendations to the BCC, which could not be readily duplicated. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The present ordinance, 2001-03, adequately provides the basis for effective functioning of the Committee. 6. Whether the Board's membershi re uirements should be modified. The current membership requirements enable the needed community representation. 7. The cost, both direct and indirect, of maintainin the Board. The costs associated with the maintenance of the Coastal Advisory Committee are generally related to conducting the monthly meetings. The following is an itemized estimate of the annual meeting costs. Principal Project Manager (10% FTE) $ 8,500 Liaison to the Board (10% FTE) $ 4,250 Mailing *$ 233 Minute Taker $ 3,345 Public Notices **$ 755 Total cost $17.083 * In late 2004 the CAC website was launched and agenda packets are now available online **Since late 2004 this item is being coordinated through our Communication & Customer Relations D 1. MEB: I:IDC CATEGORY A:CAC REVIEW::FY 05 Page 3 of4 Agenda Item No.1 08 March 22, 2005 Page 7 of 20 J: ADDITIONAL BOARD/COMMITTEE COMMENTS: I This Committee is dedicated to serving the citizens of Collier County and providing the best possible advice and counseling on beach and inlet related matters to the Board of County Commissioners. K: STAFF COMMENTS: This Committee is a real asset to the Tourist Development Council and the Board of County Commissioners by advising on the coastal beach and inlet projects that qualify for Tourist Tax funding. It adequately represents the coastal interests of each of our cities and the unincorporated areas of Collier County. Page 4 of4 MEB: I:TDC CATEGORY A:CAC REVIEW::FY 05 Agenda Item NO.1 OB March 22, 2005 Page 8 of 20 ADVISORY COMMlTTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2005 A. (print in upper/lower case, no bold, forward report to the attention of Winona Stone) Collier County Planning Commission (CCPC) ADVISORY COMMITTEE: I B. CHAIRMAN: I Russell A. Budd C. STAFF LIAISON: Susan Murray, Zoning Director D. STAFF AGENCY: Department of Zoning & Land Development Review, CDES E. AUTHORITY: Ordinance Number 04-41, as amended (Collier County Land Development Code) and Section 163.3174 & 163.3194 of the Florida Statutes. I F. SUBMITTAL DATE: I January 13, 2005 I G: FY 05 REVIEW DATE: I March 22,2005 I H. LAST BeC REVIEW DATE: I March 13,2001 I. SUMMARY: The Collier County Planning Commission (CCPC) serves as the local planning agency (LP A) and land development regulation commission as required by Florida Statutes. The CCPC prepares the Collier County Growth Management Plan (GMP) and the Land Development Code (LDC) regulations and Code to implement the GMP; initiates, hears, considers and makes recommendations to the BCC on applications for amendments to the text of the GMP and LDC; initiates, hears, considers and makes recommendations to the BCC on applications on amendments to the Future Land Use Map of the GMP or the Official Zoning Atlas of the LDC; makes its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission or agency of the county, state or federal governments; recommends to the BCC additional or amended rules of procedures not inconsistent with the LDC to govern the Planning Commission's proceedings; hear, consider, and make recommendations to the BCC on applications for rezoning of land, conditional uses petitions, and variances; and performs those functions, powers and Page 1 of4 CM: Winona's folderl FY 05/4 year review/ report template Agenda Item NO.1 08 March 22, 2005 Page 9 of 20 duties of the Planning Commission as set forth in Florida Laws. The Planning Commission consists of 9 members to be appointed by the BCe. In addition, a representative of the Collier County School District appointed by the school board shall serve as a non-voting member of the Planning Commission unless the BCC grants voting status. The members are appointed or reappointed by resolution of the BCC. After serving staggered initial terms, Planning Commission members are appointed to four-year terms, and they must be permanent residents and electors of Collier County. Although no specific experience requirements shalt be necessary as a perquisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning and related fields. Further consideration in the appointment of members shall be made to provide needed technical, professional and business expertise to accomplish the duties and functions of the Planning Commission. Regular Planning Commission meetings are usually held on the first and third Thursdays of the month at 8:30 A.M. in the BCC Board Room on the third floor of the W. Hannon Turner Administration Building. Current members of the Planning Commission include: · Chairman Russell Budd, District 3 · Vice-Chair Mark P. Strain, District 5 · Secretary Lindy Adelstein, District I · Robert P. Murray, District I · Brad Schiffer, District 2 · Donna Reed Caron, District 2 · Robert Vigloitti, District 3 · Kenneth L. Abernathy, District 4 · Paul Midney, District 5 · Amy Taylor (School Board/Non-voting Member) 1. Whether the CommitteelBoard is serving the purpose for which it was created. Yes. The Planning Commission continues to serve the purpose for which it was created by providing their special knowledge and expertise upon reasonable request and authorization of the BCC to any official, department, board, commission or agency of the county, state or federal government. The Planning Commission is also vested with the power, authority, and jurisdiction to review the LDC regulations and codes that implement the GMP, and to submit to the BCC an annual report recommending amendments to the LDC and the GMP. Page 2 of 4 CM: Winona's folderl FY 05/4 year reviewl report template ..,..__.~'~'.'"'- Agenda Item No. 10B March 22, 2005 Page 10 of 20 2. current communi needs. Yes. The Planning Commission serves as the local planning agency (LP A) and land development regulation commission in their consideration of applications for zoning action and considers staff recommendations and public comment on each action to ensure that the community's interests are maintained. The Planning Commission also provides a service to the community by volunteering their professional expertise to the BCC and to other various county, state, or federal agencIes. 3. List the Board's major accomplishments for the preceding 12-month period. The Collier County Planning Commission had the following major accomplishments · They held 23 meetings during 2004 to review and consider land use petitions, all of which were open to the public. · They reviewed and considered 87 applications for various land use petitions during the preceding 12-month period. · They reviewed and considered Comprehensive Plan amendments and amendments to the Land Development Code. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No. The Planning Commission is the local planning agency required by Florida Statutes. In addition, the CCPC members are appointed by the Board of County Commissioners on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the area of planning, zoning and related fields. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. No. The ordinance that created the Planning Commission was amended when it was incorporated into the Collier County Land Development Code (LDC). Since the Planning Commission activities have not been constrained by the cunently adopted regulations, no amendments are proposed at this time. However, if changes to the ordinance are proposed in the future, they can be properly processed during the regular LDC amendment cycle. 6. Whether the Board's members hi re uirements should be modified. No. The CCPC consists of nine members that have been appointed by the Board of Coun Commissioners (BCC). The a ointments b the BCC are on the basis of a Page 3 of4 CM: Winona's folder/ FY 05/4 year reviewl report template Agenda Item No. 1 DB March 22. 2005 Page 11 of 20 potential member's involvement in community issues, integrity, experience, and interest in the area of planning, zoning and related fields. The membership requirements appear to be adequate at this time. 7. The cost, both direct and indirect, of maintaining the Board. Members of the Planning Commission serve without compensation, however they may be reimbursed for travel, mileage, and/or per-diem expenses, if authorized by the BCe. In addition, the Planning Commission has no pennanent or solely dedicated office space or County staff that would be considered a direct cost. However, the Community Development and Environmental Services Division does provide adequate staff on an as need basis to assist the Planning Commission to perfonn its duties. Indirect costs include the transcription of minutes and Community Development and Environmental Services Division staff hours. Furthermore, the Bee amended the Schedule of Development Review and Building Pennit Fees in 2004 to more accurately reflect the staff-hours required for petition processing. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: No additional comments. K: STAFF COMMENTS: Staff did not provide any comments. Page 4 of4 CM: Winona's folderl FY 05/4 year reviewl report template Agenda Item No. 108 March 22, 2005 Page 12 of 20 ADVISORY COMMITTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2005 A. lB. Ie. CHAIRMAN: I None at this time. STAFF LIAISON: I Rick Zyvoloski D. STAFF AGENCY: Bureau of Emergency Services, County Manager E. AUTHORITY: County Ordinances # 93-20 & 98-62 (Code Of Laws and Ordinances (Code)- Cha ter 38 (Civil Emergencies» I F. SUBMITTAL DATE: I December 21,2004 I G: FY 05 REVIEW DATE: I March 22, 2005 I H. LAST BCC REVIEW DATE: I March 13, 2001 I. SUMMARY: County Ordinance # 93-20 (part of Code Chapter 38 (Civil Emergencies» establishes, prior to a storm event or emergency, a recovery task force that will oversee the recovery and reconstruction process and serve as an advisory committee to the board of county commissioners on recovery and reconstruction issues. This body will also identify opportunities to mitigate future damages through the management of recovery and reconstruction. To further this intent, the county will make every effort to develop its capacity to identify and coordinate various post-disaster recovery and reconstruction resources while, at the same time, ensuring maximum local control over the recovery and reconstruction process. The Task Force consists of27 members, appointed by the BCC. County Ordinance # 98-62 (part of Code Chapter 38 (Civil Emergencies» also enables the county to identify opportunities to mitigate future damages through the management of recovery and reconstruction through the Recovery Task Force. To further this intent, the county will make every effort to develop its capacity to identify and coordinate various post-disaster recovery and reconstruction CM: Winona's folderl FY 051 4 year TCviewl report template Page 1 of3 Agenda Item No.1 OB March 22, 2005 Page 13 of 20 resources while at the same time ensuring maximum local control over the recovery and reconstruction process. Following a major or catastrophic disaster, sufficient time must be provided to conduct damage assessments, classify and categorize individual structure damage, and evaluate the effectiveness and enforcement of the existing building code. It is further the intent of the county to allow rebuilding and reconstruction in an orderly manner by controlling the issuance of building pennits, development orders and site plans in order to manage the location, timing, and sequence of reconstruction and repair. 1. Whether the CommitteeIBoard is serving the purpose for which it was created. It would if needed The task force has not met in several years. Reference response # 3 below. 2. Whether the Board is ade uatel servin current communi needs. It would if needed. The task force has not met in several years. Reference response # 3 below. 3. List the Board's major accomplishments for the preceding 12-month period. None. We haven't had a disaster of severe enough magnitude to warrant its activation to serve the greatest purpose for which it would be needed.. .coordinate disaster recovery efforts. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. I None. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. I Yes. The law should be amended to allow activation on an "as needed basis". 6. Whether the Board's membershi re uirements should be modified. Yes. The BCC should designate the position of Deputy County Manager as the Chair and delegate the authority for the Chair to choose membership to the Task Force based on the Page 2 of3 CM: Winona's folderl FY 05/4 year revir:wl report template Agenda Item No.1 08 March 22, 2005 Page 14 of 20 situation and extent of the disaster. This should streamline the Task Force and enable all members to be shareholders toward a common pwpose of recovering from a disaster. 7. The cost, both direct and indirect, of maintaining the Board. There should be no costs for membership other than attending meetings when called by the chair. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: Not applicable. K: STAFF COMMENTS: The law establishing the Recovery Task Force is needed; but needs updating. Since the ordinance established the Task Force plans and procedures put in place elsewhere made obsolete many of the provisions contained within the ordinance, e.g., : · The local state of emergency declaration gives the BCC significant latitude to assemble the Task force. · The Collier County Comprehensive Emergency Management Plan (CEMP) allows the flexibility to tailor our responses to emergencies and recovery from them. · The Collier County Hazard Mitigation Plan and CEMP, combined, establish sufficient framework to address disaster mitigation initiatives/strategies both in pre-disaster and post-disaster timeframes. Recommendation: That the Board of County Commissioners direct staff to draft a revised ordinance for the Board's consideration. Staff drafted this report as there is currently no active committee. Rick Zyvoloski, Emergency Management Coordinator Page 3 00 CM: Winona's folder! FY 05!4 year review! report template '·:':';""~'"!!I\i,;;~jt;¡;¡'¡"">''I''¡¡''¡;'""J_''''"",''';''''"'''''''''':"''' Agenda Item NO.1 08 March 22, 2005 Page 15 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2005 (print in upper!lower case, no bold, forward report to the attention of Winona Stone) I A. lB. I C. ADVISORY COMMITTEE: I Ochopee Fire Control District Advisory Board CHAIRMAN: I David Loving STAFF LIAISON: I Paul Wilson D. STAFF AGENCY: Ochopee Fire County, Bureau of Emergency Mana ement, County Manager's Office IE. IF. I G: IH. AUTHORITY: I Ordinance 89-98 SUBMITTAL DATE: I January 31,2005 FY 05 REVIEW DATE: I March 22, 2005 LAST BCC REVIEW DATE: I March 13,2001 I. SUMMARY: Collier County Ordinance 82-76 created the Ochopee Fire Control District Advisory Board to advise the Board of Commissioners on the affairs of the district. Ordinance 82-76 was the amendment to Ordinance 75-6 that created The Ochopee Fire Control District and Emergency Medical Care Special Taxing District. The Original creation Ordinance for the Ochopee Fire Control District was 74-51.The Ordinance has been amended from time to time to change boundaries, create Emergency Medical Services and adjust mileage rates. The amendment dates and Ordinance numbers include 75-6,78-3,81-41,82-76,87-70, 89-98 and 92-100. The Advisory Board is comprised of staggered positions covering the geographic areas of Ochopee/Copeland, Port of The Islands, Everglades City, Plantation and Chokoloskee. The Ochopee Fire Control Advisory Board is comprised of Chairman David Loving-Everglades City, John Pennell- Plantation, Kent Ornert-Chokoloskee, Julie Ballard-Port of The Islands. There is a vacancy in the CopelandlOchopee seat. The Advisory Board reports to the Board of Page I of3 CM: Winona's folder! FY 05!4 year review! report template Agenda Item No.1 08 March 22, 2005 Page 16 of 20 Commissioners on the affairs of the district as well as developing the department budget. The Ochopee Fire Control District Advisory Board meets monthly on the second Tuesday of the month at 7:00pm in Everglades City. The board usually recesses during the summer months. 1. Whether the Committee/Board is serving the purpose for which it was created. At this time, it is felt the Board serves the pwposes for which it was created. 2. current community needs. The Ochopee Fire Control District Advisory Board feels it is adequately fulfilling the needs of the communities it represents. We would like to see the Department expand to Port of The Islands. 3. List the Board's major accomplishments for the preceding 12-month period. The Advisory Board has helped develop and oversee the 2004-2005 district budget. Ongoing review ofthe East Naples Fire Merger Study. Placing the Fire/Rescue boat into service to serve the community. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. I None known at the time. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The Advisory Board feels the Ordinance fulfills the needs of the Advisory Board and the community it serves. Page 2 of3 CM: Winona's folderl FY 05/4 year review/ report template "'·"'·""""'"''''''"""''''"'''~"",,,,,........¡,¡,,¡¡;...",,,,,,,_,,,o;.;",,,·, Agenda Item NO.1 DB March 22. 2005 Page 17 of 20 6. Whether the Board's membershi re uirements should be modified. No changes at this time are needed. The Ordinance serves the community. 7. The cost, both direct and indirect, of maintainine the Board. Copy paper, ink cartridges, copy machine, tapes, tape recorder, copy machine cartridges and hourly wage for secretarial transcription of the minutes. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: None. K: STAFF COMMENTS: No comments were provided by staff. Page 3 of3 CM: Winona's folderl FY 05/4 year reviewl report template Agenda Item No.1 08 March 22, 2005 Page 18 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2005 (print in upperllower case, no bold, forward report to the attention of Winona Stone) A. ADVISORY COMMITTEE: Smart Growth Advisory Committee lB. I C. CHAIRMAN: I Mark Morton STAFF LIAISON: I J.E. Sweat D. STAFF AGENCY: rehensive Plannin De artment, CDES IE. IF. I G: AUTHORITY: I Ordinance No.2001-41 SUBMITTAL DATE: I January 11, 2004 FY 05 REVIEW DATE: I March 22, 2005 H. LAST BCC REVIEW DATE: No prior review date, created June 26,2001 I. SUMMARY: On June 26, 2001, the BCC created the Community Character/Smart Growth Advisory Committee (CCSGC) to oversee and assist staff with the implementation of the Community Character Plan for Collier County and other smart growth concepts. The annual term of the committee has been extended several times with the most recent occurring via Resolution 2004-101 on March 13, 2004. The sunset date for the committee is June 26, 2005. The CCSGC is comprised of 12 members with Commissioner Tom Henning serving as the BCC liaison. The original ordinance indicated that duties and functions of the CCSGC shall be: 1. To oversee and assist staff with the implementation of the Community Character Plan and other smart growth concepts. 2. To provide outreach to neighborhoods and other groups to encourage involvement in pursuing the goals of the Community Character Plan. 3. To provide a forum for discussion of additional long-range planning ideas to further the implementation of the goals of the Community Character Plan and other smart growth concepts. 4. To make a recommendation to the BCC on the Governor's Committee on Growth Management changes. Page 1 of3 Agenda Item NO.1 OB March 22,2005 Page 19 of 20 The CCSGC has contributed to the implementation of seveml Community Character and related smart growth concepts into the Growth Management Plan. Examples include, but are not limited to: 1. The creation of new subdistricts in the Future Land Use Element: The Residential Mixed-Use Neighborhood Subdistrict, the Urban Commercial - Commercial Mixed-Use Subdistrict and the Urban Mixed-Use District - Commercial Mixed- Use Subdistrict. 2. Objective 7 in the FLUE that promotes smart growth policies. 3. Promoted parks via the Recreation and Open Space Element. 4. Encourage interconnections between land uses. 5. As a result of the various additions and amendments to the GMP, Land Development Code revisions have also been made to reflect smart growth policies and concepts. The CCSGC has contacted the Collier County MPO, Transportation Administration, Parks and Recreation and other county deparbnents in an effort to create and incorporate additional land development regulations that will perpetuate and strengthen the county's commitment to smart growth. The committee has also consulted with local architects, planners, developers and organizations such as the Urban Land Institute, the Smart Growth Network, the Local Government Commission, the State of Florida and the Lee County Smart Growth Task Force. 1. Whether the Committee/Board is serving the purpose for which it was created. Yes. The CCSGC has implemented concepts from the Community Character Plan and continues to consider and create land development regulations. The committee is currently working with staff to develop specific criteria for the Land Development Code for the Mixed Use districts that were adopted into the GMP. 2. current communi needs. Yes. 3. List the Board's major accomplishments for the preceding 12-month eriod. 1. The creation of new subdistricts in the Future Land Use Element: The Residential Mixed-Use Neighborhood Subdistrict, the Urban Commercial - Commercial Mixed-Use Subdistrict and the Urban Mixed-Use District - Commercial Mixed- Use Subdistrict. 2. Objective 7 in the FLUE that promotes smart growth policies. 3. Promoted arks via revisions to the Recreation and en S ace Element. Page 2 of3 Agenda Item NO.1 08 March 22, 2005 Page 20 of 20 4. Encourage interconnections between land uses through various GMP Elements. 5. As a result of the various additions and amendments to the GMP, Land Development Code revisions have also been made to reflect smart growth policies and concepts. 6. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. IN/A 7. Whether the ordinance creating the Board should be amended to allow the Board to more ade uatel serve the u ose for which it was created. No 8. Whether the Board's membership requirements should be modified. INO 9. The cost, both direct and indirect, of maintaininl! the Board. There are no direct costs associated with this volunteer committee. Indirect costs include multiple staff support, copying and paper supplies. I J: ADDITIONAL BOARD/COMMITTEE COMMENTS: IJ K. STAFF COMMENTS: Committee is scheduled to sunset on June 26, 2005, and will continue to work diligently on smart growth implementation strategies prior to sunset. Staff concurs with the board's decision to sunset this committee in 2005. Concepts and elements of smart growth have been integrated throughout the Collier County Land Development Code and Comprehensive Plan and are now principle elements of design for rural villages, towns and hamlets associated with the implementation of the Rural Fringe Mixed Use District and the Rural Lands Stewardship Overlay District. Page 3 of3 Agenda Item No.1 OC March 22, 2005 Page 1 of 87 - EXECUTIVESU~Y Recommendation to adopt a resolution authorizing condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard (CR-951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $11,120,700.00. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or perpetual or temporary easement interests necessary for the construction of the Collier Boulevard six-lane improvement project from Golden Gate Boulevard to lmmokalee Road (Project No. 65061). CONSIDERATIONS: On September 23, 2003, the Board of County Commissioners authorized condemnation of stormwater retention and treatment pond sites for the project by adopting Resolution No. 2003-335. Later, on May 25, 2004, the Board authorized the condemnation of road right-of-way for the project by adopting Reso lution No. 2004-182. ~ Since that time modifications to the project design have been made in order to improve safety, and to minimize impacts to abutting properties, and thereby reduce the cost of right-of-way acquisition. These design modifications have resulted in revisions to the legal descriptions of the parcels required for construction. Because of the changes in the legal descriptions of the parcels to be taken through condemnation, staff is recommending the adoption of a new resolution authorizing condemnation which incorporates the changes which have been made to the legal descriptions for both the pond sites and the road right-of-way. As stated in the previous executive summaries prepared for the Board's review, the Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long- range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Collier Boulevard (see attached technical memorandum prepared by CH2MHill concerning the pond siting analysis, dated July 21, 2003, as well as the March 8, 2005 memorandum from Norman Feder concerning the criteria which must be considered prior to a vote on the adoption of a condemnation resolution by the Board.) The Board of County Commissioners is further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. ,-" Agenda Item No. 10C March 22, 2005 Page 2 of 87 FISCAL IMPACT: The latest estimate, including both the pond sites and the road right-of-way, puts the total land rights cost at $11,120,700. With land values increasing at 24% per year for Estates property on this particular project corridor (and even higher on raw land), the current estimate is a sizeable increase 1.Tom the previous two estimates (one for the pond sites and one for the right-of-way), which totaled just over $8,000,000. However, the significant increase is also due to the addition of two important property acquisitions as part of this project. (1) A 10.6 acre property at the intersection of Golden Gate Boulevard is being purchased for stormwater retention (an alternate location for Pond Site No.1, which will save the cost of acquiring and litigating final compensation for that particular property) not just for this project, but also for the six-laning of Collier Boulevard between Green Boulevard and Golden Gate Boulevard. Since this property's only access is directly onto Collier Boulevard at this busy "T" intersection, this purchase will forever remove the possibility that the property could be developed. (2) Nearly 600 feet of right-of-way is being acquired for the construction of the intersection improvements at Wolfe Road. This parcel is a late add-on to the project required in order to construct Wolfe Road back to the fire station's entrance. The figure of $11,120,700 includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County __ is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Road Impact Fees and the Transportation Supported Gas Tax fund Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Collier Boulevard (project No. 65061) is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chainnan to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will ofthe Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Kevin Hendricks, ROW Acquisition Manager, TECM Attachment: Resolution Technical Memorandum from CH2MHilI Memorandum /Tom Nonnan Feder 10 Jim Mudd, et aI .- Agenda Item No.1 DC March 22, 2005 Page 3 of 87 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 10C Recommendation to adopt a resolution authorizing condemnation to acquire the right-ot-way necessary tor the widening of Collier Boulevard from two lanes to six lanes between Golden Gate Boulevard and Immokalee Road. (Norman Feder, Administrator. Transportation Services) 3/22/200590000 AM Item Number Item Summary Prepared By Date Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction 3191200510:25:44 AM Transportion Services Approved By Transportion Services Senior Project Manager Transportation Engineering and Construction Date Gary Putaansuu 3191200512:15 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 3191200512:39 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 3110/20051:01 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportion Services Transportation Administration 3/1012005 4:02 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 3/10/20054:40 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 3/11120059:22 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/1112005 10:08 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 3/11/2006 4:31 PM Approved By Michael Smykowski Management & Budget Director Date .- County Manager's Office Office of Management & Budget 3114/200610:52 AM Approved By Agenda Item No.1 DC March 22, 2005 Page 4 of 87 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/14/20058:12 PM ~ Agenda Item No. 10C March 22, 2005 Page 5 of 87 RESOLUTION NO. 2005 . _ A RESOLUTION AUTHORIZJNG CONDEMNATION OF FEE SIMPLE JNTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAJNAGE AND UTJLITY IMPROVEMENTS REQUIRED FOR THE SIX-LANE EXPANSION OF COLLIER BOULEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD. (CAPJT AL IMPROVEMENT ELEMENT NO. 37, PROJECT NO. 65061). WHEREAS, the Board of County Commissioners ("Board"), on November 19, 2002, adopted Ordinance No. 2002-60 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capita! improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2002-60; and WHEREAS, Project No. 65061, the six-lane section of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (hereinafter referred to as the "Project") is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, on September 23, 2003 the Board adopted Resolution No. 2003-335 authorizing the condemnation of property for the construction of storm water retention and treatment ponds required for the Project; and WHEREAS, on May 25,2004, the Board adopted Resolution No. 2004-182 authorizing the condemnation of property for the construction of the actual six-lane improvements for the Project; and WHEREAS, several refinements in the project design have been made for the purpose of saving expenditures on right-of-way and to accommodate the construction of the p\anned improvements, which have resulted in several project parcel legal descriptions having been added or revised since the adoption of the prior resolutions; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the six-lane section of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is ---"".-..,..-- Agenda Item No. DC March 22, 2 05 Page 6 87 necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED th¡1l construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A" to wit: fee simple title interests and/or those perpetual or temporary easement interests. AND IT IS FURTI-ŒR RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution will supersede and replace Resolution No. 2003-335 and Resolution No. 2004-182. This Resolution, adopted on this _ day of , 2005, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and leg:.y sufficiency: Y/LL- ~ CI~-f~ Ellen T. Chadwell AssIStant County Attorney Page 2 --~ No. oe Marc 22, 05 EXHIBIT A h I IPa e7 87 ;,- I \ Page--L of '73 I l L4 ~ :;i Ó GOLDEN GATE ESTATES 0 Ii I UNIT NO. Z 3: -:J. Ó P.B. 4, PAGE 75 Ii ~ I ü z (f) '0 I 0 0 0 .... q q .... l.O N '-/ CJ> N TRACT co. co. .... Ii I 0< 0< l.O @ N. ~ CJ> Ù ~ rri Ii ~ I ù 0< tN LJ I U1 U1 0 0 0 0 I I o. q L4 LINE L40 L41 LINE TABLE LENGTH 10.00 10.00 P.O.B. BEARING N89'31'Z8"E S89'31'28"W LEGAL DESCRIPTION The East 1 0.00 feet of Tract 120 Golden Gate Estates Unit No.2, Plot Book 4. Page 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: Beginning at the Southeast corner of Tract 120; thence S.89·31 '28'W. along the South line of Tract 120, 0 distance of 10.00 feet; thence N.00·28'32"W., a distance of 350.00 feet to its intersection with the North line of Tract 120; thence N.89·31·28"E. along said North line. a distance of 10.00 feet to the Northeast corner of Tract 120; thence S.00·28'32"E. along the East line of Tract 120, 0 distance of 350.00 feet to the POINT OF BEGINNING. Containing 3.500.00 square feet ar 0.0803 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. .M. (FOR THE FIRM) 5834 FEE SIMPlE INTEREST + N .!L1J~ 0 3 (DATE SIGNED) ',.¡- o 2& 50 100 GRAPHIC SCALE I "0 NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCe.. NO. : 102 COLUER COUNTY DEPARTMENT OF TRANSPORTATION WiI.Miller·~·~w- _'1!IvNn .EoaIøIIIr.....,.,. .~- .~~ 1\Io<riIIot', he. ....""....-.-.TIop II1II__"'''''_--'--''''-'-- SKETCH de DESCRIPTION 09/2003 PROJECT NO.: N60lS-00S-DOO mE. NO.: 2L -812 - -~-~~~".. EXHlBITL p~.L-of~ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ LINE L75 L76 L77 LINE TABLE LENGTH 5.00 5.00 10.00 BEARING 589'31 '28"W NB9'31' Boo 589'31 '2B"W LEGAL DESCRIPTION A portion of Tract 120 Golden Gate Estates Unit No.2. Plat book 4, Pages 75 II< 76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 120; thence S.B9'31 '2B"W. along the South line of Tract 120, a distance of 10.00 feet to the POINT OF BEGINNING; thence S.B9·31'2B"W. along said South line, 0 distance of 5.00 feet; thence N.OO·2B'32"W., a distance of 350.00 feet to Its intersection with the North line af Tract 120; thence N.B9·31 '2B"E. along said North line, a distance of 5.00 feet; thence S.00·28'32"E., a distance of 350.00 feet to the POINT OF BEGINNING. Containing 1,750.00 square feet or 0.0402 acres. more or less. No. oe 22, 05 e8 87 ~ Ó ~ ci ~ ~ ó ci z (/) ·0 0 0 0 ..... 0 q ..... I/') N N '-" a> CX!. OJ. ~ VI VI LO N N OJ u :-/. . rT1 ci ~ cJ VI VI LJ (J1 (J1 0 0 0 ° I 0. q, I L NOTES: 1. This Is not a survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East lane. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown herson are per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Paint of Commencement. B. O.R. represents Offiolal Records. 9. L.B.E. represents Landscape Buffer Easement 10. U.E. represents Utility Easement. + N TÐFORARY C()NSTRUCT1ON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) .S.M. (FOR THE FIRM) NO. 6B34 0-/7-03 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 PROJECT NO.' 6506 P,,",EL NO. , 702 Wil."iIIB¡--~UM- -'~.~.....,.,..~~.~~ WIoan\Afr. he. ..""'-.... ...=~,.:..~~.=-._-- Sop 18. 20DJ - 11;37:37 MWoIUREX:\SUR\N801 ð\Sð1 ,d100.dws ~ ' I o 25 ðO'oo 200 GRAPHIC SCALE COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION OØ/200J PROJECT HO,I ALE ND.: N6015-005-000 2L-812 EXHIBIT A °age~ of..J;L _ _ _ _ _ _ ~ooo 1_600] 1 ST AVE. N.W. NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.' 65061 PAACEl. NO. , 10J WiI.lfillel··~W- -- .,,-.EaIIaIIIt .....,.,..~_. ~~ IIIocnWIor; he. ......~......, _=~";"~'=:.c...___ ------- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ LINE L42 L43 L44 LINE TABLE LENGTH 35.00 10.00 30.00 LEGAL DESCRIPTION A portion of the East 1/2 of Tract 119 Golden Gate Estates Unit No.2. Plat Book 4. Page 75-76, of the Public Records of Collier County, Florida. being more particularly described as follows: Beginning at the Southeast corner of Tract 119; thence S.B9'31·2B"W. along the South line of Tract 119. a distance of 10.00 feet; thence N.05·14·27'W., a distance of 301.04 feet to its intersection with the South line of the 60.00 foot right-of-way easement of 1 ST AVE. N.W.; thence N.00·2B'32"W., a distance of 30.00 feet to its intersection with the North line of Tract 119; thence N.89·31 '28"E. along said North line, a distance of 35.00 feet to the Northeast corner of Tract 119; thence S.OD·28'32"E. along the East line of Tract 119, a distance of 330.00 feet to the POINT OF BEGINNING. Containin9 7,801.44 square feet or 0.179 acres. more or less. q - /7 -rJ 3 (DATE SIGNED) PAACS r ~ ~ ,-... ?i o ci '0 o ..... '-" h I I No, Marc 22, I P e9 ?i o ci -i. :i ü --1 ..... 10 (J) ,I I ..... 10 0). ci Ü (/) o o N OJ vi '" fTÌ 0:: Ü ~ ~I I z o u: ~ ~. '" ....¡ ~ARCE . ~ 103 U4 o ~ o ~. U4 U4 o o o. L43 BEARING N89'31'2 "E S89'31'28"W NOD'28'32'W P.O.B. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) bein9 N 00'28'32" W. Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPLE INTEREST ~ N J,.¡- I o 2D 50 100 . 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH && DESCRIPTION 09/200J PROJECT NO.: F1t.E NO.: N6015-005-000 2L -812 - --------_.._-_.-_.__.,...~---~.-_._~-------- OC 05 87 ----- 1 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4. PAGE 75 EXHIBIT A Page-L of...2¿ ---- _ _ 30.00'1 15T AVE. N.W. -- TRACT @ LINE L78 L79 L80 LINE TABLE LENGTH 10.00 5.0Z 5.0Z BEARING S89'3,'Z8"W S89'31'Z8"W N89'31'28"E LEGAL DESCRIPTION A portion 01 Tract 119 Golden Gate Estates Unit No. Z. Plot Book 4. Page 75-76. Public Records 01 Collier County, Florida, being more particularly described os lollows: Commencing at the Southeast corner of Tract 119; thence S.89'31'Z8"W. along the South line of Troct 119, 0 distance 01 10.00 feet to the POINT OF BEGINNING; thence S.89·31'2B"W. along said South line, 0 distance 01 5.02 feet; thence N.05·14·27''W., 0 distance 01 301.04 leet to its intersection with the South line 01 the 60.00 loot right-aI-way easement of 1 ST AVE. N.W.; thence N.89'31·28"E. along said South tine, 0 distance of 5.02 feet; thence S.05'14'Z7"E., 0 distance of 301.04 feet to the POINT OF BEGINNING. Containing 1,506.00 square feet or 0.0346 acres. more or less. 60.00} No. OC 22, 05 10 87 h I I ~ q a:: -J. z « ü L80 .--.. :i o Ii '0 o ~ ......,. .- Il) m Ii Ü z (j) o 0 U) ::: -1>-. -Þ-. N N -..J,,-...J -::frrÏ Il) m ~~: (.oj (.oj o 0 o~ -Þ-. L78 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line at County Road 951 (C.R. 951) being N 00'28'3Z" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point ot Commencement. 8. O.R. represents Official Records. 9. L. S.L represents Landscape Sutfer Easement. 10. U.E. represents Utility Easeme·nt. ~ N TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONS'TRlJCTX:W) 1-I7~o.J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJm NO.' 65061 PARtEl NO. , 703 Wi_MiIIB¡-·~U.- _. ewo-.. ~.....,.,..........._. ~~ ~h> Ma. Aot.... . _ . __ . "- -MrUno...·.....__._ _.",,_. ___ s.p 1e, 2003 - 15:11:47 MW04URE!X:\SUR\Nea15\S5hd100.dws ----- ~ D 25 eo 100 GRAPHIC SCALE 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION 09/200J PROJECT NO.: nL.E NO.: N60T5-005-000 2L-812 fMD&' NO 05 No. DC Marc 22, 05 Pa 11 87 - EXHIBIT A Page-L of--2.i. L45 I --- n ~ a:: Ó ;;i Ii ~ ·0 ü 0 ~ ..-- It) ...,. en GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ z o u¡ (J1 (J1. .þ. ()). ~ U) o q N ()). Vol N ; rrI ;ñ 'Ii ; : Lj y 1 --- --- 60'0J 30.001 1 ST. AVE N.W. --------1-- LINE L45 L46 BEARING N89'31 '28"E S89'31'28"W NOTES: LEGAL DESCRIPTION A portion of Tract 118 Golden Gate Estates Unit No.2. Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: Beginning at the Southeost corner of Tract 118; thence S.89'31 '28"W. along the South line of Tract 118. a distance of 27.74 feet; thence N.03·55'48"W., a distance of 330.60 feet to its intersection with the North line of Tract 118; thence N.89·31 '28"E. along said North line, 0 distance of 47.66 feet to the Northeast comer of Tract 118; thence S.00·28'32"E. along the East line of Tract 118, a distance of 330.00 feet to the POINT OF BEGINNING. Conlaining 12,440.93 squore feet or 0.2856 acres, more or less. 1. This is nol a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florido Slote Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations ond restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents utility Easement. FEE SIMPlE INTEREST ~ N Cf-/7-0} (DATE SIGNED) ... I o 2B 50 100 . 100 GRAPHIC SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 P."'Et:T NOo 65061 PARCI1. NO. , 1 05 Wil."iller-·~- -'~'Eco/ø¡IIoIO''''''''''~-'~~ 1IIIonMIer, h:. ...IIrf....·_·_·r... .....,.""'........---.--.""-.--- COWER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/200.1 PROJ£CT NO.: F'lLE NO.: N6015-oD5-000 2L-812 ~-- ----- --!:3<FflEiïìr-j\--------------------- Page~of )3 - --------------- GOLDEN GATE ESTATES UNIT NO. 2 p.8. 4, PAGE 75 TRACT @ z o Vj U1 U1. ~ 0::>. ê-----:CEL ~ 705 l" o o è..n U1. l" o o U1 (,]1. (f) o Vj U1 U1. .:> 0::>. rri --- ---- 60.00'1 30.00' --- 1ST. AVE. N.W. L81 LINE L81 L82 L83 LI: TABL~ - - - - T - T LENGTH 5.01 5.01 4-7.66 BEARING S89'31'Z8"W N89'31'28"E S89'31'Z8"W NOTES: PARCEL h :i ó ri ~ « ~ () No. DC 22, 005 e 12 f 87 ~ <0 '-' en .... ri <0 en U c::: ~ U L.I I 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. LEGAl DESCRIPTION A portion of Tract 118 Golden Gate Estates Unit No.2. Plat Book 4, Page 75-76. of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Tract 118; thence S.89·31 '28"W. along the North line of Tract 118, a distance of 47.66 feet to the POINT OF BEGINNING; thence S.03·55'48"E., a distance of 300.55 feet to its intersection with the North line of the 60.00 foot right-of-way easement of 1 ST AVE. N.W.; thence S.89·31'28"W. along said North line, a distance of 5.01 feet; thence N.03·55'48"W., a distance of 300.55 feet to its intersection with the North line of Tract 118; thence N.89·31'Z8"E. along said North line, 0 distance of 5.01 feet to the POINT OF BEGINNING. Containing 1,503.02 square feet or 0.0345 acres, more or less 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L,B.E. represents Landscape Buffer Easement. 10. U.E. represents utility Easement. ~ CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMeNCEMENT OF CONSTRIJCTJON) q-/~-o } (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~- o I ::zs ~ 100 GRAPHIC SCALE I 200 PROJECT NO.: 65061 PARCEl. NO. : 705 COLUER COUNTY DEPARTMENT OF TRANSPORTATION WiI.Miller--~U.- _._..................,.....tMØoopo_._~ 1IIooIMIer. he _·¡;,¡.....·_·_·T_ =_1-......._-_.__.,._._- Sop 1e. 2003 - 15:11:47 1lU'J<lURE!X:\SUR\Ne015\9S1od100.dwg SKITCH de DESCRIPTION 09/2003 PROJECT NO.: N6015-oo5-000 + N FILE NO.: 2L -812 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @-:¡..:----------- ---------------- ------------- - CURVE C7 DELTA 0"49'16" LEGAL DESCRIPTION A portion of the South 165 feet of Tract 117 Golden Gate Estates Unit NO.2, Plot Book 4 Page. Page 75 and 76, of the Public Records of Collier County, Florida, being more particularly described os follows: Beginning at the Southeast corner of Tract 117; thence S.B9·31'2B"W., along the South line of tract 117 0 distance of 33.63 feet; thence N.03·55· 48"W., o distance of 68.89 feet to 0 point of curve to the right having 0 radius of 6.726.00 feet and 0 central angle of 00'49'16" and ~ing subtended by 0 chord which bears N.03·31'1 O"W. 96.37 feet; thence northerly along the arc 0 distance of 96.38 feet; to its intersection with the North line of the South 165 feet of Tract 117; thence N.89·31 '28"E., along said North line a distance of 42.90 feet to its intersection with the Easterly line of said Tract 117; thence S.00·28'32"E.. along the East line of said Tract 117 a distance of 165.00 feet to the POINT OF BEGINNING. Containing 6,349.39 square feet or 0.'458 acres, more or less. NOTES: o -...¡ L3í (IJ o q N ex¡ VI K? rri ........ :i Ó ci o o ~ ....... A\ADEI No. OC 22, 05 13 87 ~ Ii) m ci Ü L... r VI VI n ci ;i z « ü ~ Ii) m a:; ü l--J 1. This is not a survey. 2. Basis of bearing is the West fine of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. CHORD BEARING N03'31'10"W 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE TABLE LENGTH 42.90 33.63 68.89 f):' LINE L31 L32 L33 ? -.)3 "OJ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFlCATE OF AUTHORIZATION LB #43 FEE SIMPle INTEREST REVISED 09/22/03 P"""EC'I NO., 6506 PARCEl. NO. , 06 WiI.MiIIB'-·~ÞO- --. ðvIwn' E'coqIIIr.....,.... ~_. ~COnoftD iIIIorMIer, m .... .""..... _. -.r.,. 1III..,1aoI"'.·___,__,,,,,_,___ Sop 22, 2aoJ - 14,ae:4V IoIlAMUIfElX:\SUR\Weo15\V51od1ao.d"1l BEARING N89'31'28"E S89'31'28''W N03'55'48"W + N I _ I D 25 &0 100 200 GRAPHIC' SCALE COLUËR COUNTY DËPARTMËNT OF TRANSPORTATION SKITCH & DESCRIPTION 09/2003 PROJECT NO.: FILE NO.: N6rJ15-005-000 2L-812 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT ------------~--------------- ~-_._-_. '" ~ q a:: o o ~ '-" ------------- L 8 ~ Lt) 0) TRACT @ DELTA 0'49'2.3" 0'49'16" CURVE C8 C9 6725.47 LEGAL DESCRIPTION A portion of the South 165 feet Estates Unit No.2, Plat Book 4, Public Records of Collier County, particularly described os follows: of Tract 117 Golden Gate Pages 75-76, of the Florida, being more Commencing at the Southeast corner of Tract 117; thence S.B9·31'28"W. along the South line of said Tract 1 17, a distance of 33.63 feet to the POINT OF BEGINNING; thence continue S.89·31·28'W. along said South line, a distance of 5.01 feet; thence N.03·55'48"W., a distance of 68.59 feet to a point of curve to the right having a radius of 6,730.47 feet and a central angle of 00'49'23" and being subtended by 0 chord which bears N.D3·31 '06"W, 96.67 feet; thence northerly along the arc 0 distance of 96.67 feet to its intersection with the North line of the South 165 feet of Tract 117; thence N.89·31 '28"E. along said North line, a distance of 5.01 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N.8õ53·28"E., 0 radial distance of 6,725.47 feet; thence southerly along the arc, through a central angle of 00'49'16" and a chord which bears S.03·31 '1 O"E. 96.37 feet, a distance of 96.37; thence S.03'55'48"E., a distance of 68.89 to the POINT OF BEGINNING. Cant ning 27.14 squar feet or 0.0190 acres, more or les . ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA LlC. NO. 606S /t~~~ NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 LINE L88 L89 (DATE SIGNED) REVISED 10-13-03 - REVISED DESCRIPTION REVISED 09 24 03 65061 PAAŒ' NO. , 706 Wil.Mille'-·~"- -,~._......,....~_.~~ iIIIcri4IIr', he; -''''''''-'-''''' l1li...........&10._--.--.,.,-.--- Sop 25, 2003 - '5:03:09 t.\w..URElX:\SUR\H6015\951od100.dw9 PROJECT 1'«1.: () () 0) lD Z VJ 0 0 0)tJ.! VJ cr>Ù\ 0)(}1 0)(J1 .(}1 00..,:- (}1.¡.. lD.CO: lD.CO. fTÏ a:: Ü ~ S89'31'28"W 33.63' CHORD BEARING N03'31 '06"W S03' 31' 10"E NOTES: OC 05 87 \ ~ ~ ó ci <i z < ü ~ Lt) 0) ci Ü ~ 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Paint of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEIFORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM ~ COMMeNCEMENT OF cON8TRUCT1ON) BEARING NB9°31'28"E S89'31'Z8"W N ~ o 2..5:K) '00 GRAPHIC SCALE I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION 09/2ooJ PROJECT NO.; N6015-oo5-000 F1LE NO.: 2L-812 eXHIBITL Pâg&-Î- of-U.. TRACT -------------~~~---- FMCS NO h ....... ~ Ó 0:: a o .... ......, ~ Ó Ii ~ ---------------------------- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT ------------~----- .... LO m Ii Ù P.O.B. LO 0) Ii Ù LI I ~ L29 (/) o q to,) co c.,; to,) o f"Ì 0) ------------------------ 0) (J1 o q L30 CURVE C6 DELTA 1'24 '23" CHORD BEARING S02'24'21"E LEGAL DESCRIPTION A pDrtiDn Df the NDrth 1/2 Tract 117 GDlden GDte EstDtes Unit No.2, Plat BDDk 4 Page, PDge 75-76, of the Public Records of Collier CDunty, FIDrida, being more particularly described as fDllows: Beginning at the NDrtheost CDrner Df said TrDct 117; thence S.00'28'32"E. olDng the EDst line Df said Tract 117. a distance Df 165.00 feet; thence S.89· 31 '28"W. along the South line of the North 1 /2 of said Tract 117, a distance Df 42.90 feet tD the point of curve Df a non tangent curve to the right. of which the rDdius point lies N.86·53'28"E., a radial distance of 6,726.00 feet; thence nDrtherly along the arc, through a central angle Df 01'24'23" and being subtended by a chord which bears N.02·24'21''w. 165.09 feet. a distance Df 165.10 feet to its intersectiDn with the NDrth line Df said Tract 117; thence N.89·31·28"E. alDng the North line Df said Tract 117, a distance Df 48.46 feet to the POINT OF BEGINNING. CDntaining 7,592.96 square feet or 0.1743 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line Df County Rood 951 (C.R. 951) being N 00'28'32" W, FloridD State Plane Coordinates NAD 83/90. East Zone. 3. Subject tD easements, reservatiDns and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.D.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. OR. represents Official Records. 9. L.B-E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L29 L30 BEARING N89'31'28"E S89'31'28"W ~ N 0;-/7 -0 y (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORiDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 FEe SIUPle INTEREST PROoIECT NO., 65061 PARCEL NO. , 107 Wil.Mille¡M'~"- _. --. EooqIIt. ar..,..... ~_. ~"""** ~tIc. .....,.,......-.-."'" .................---.--.,..-.--.... Sep 17, 2003 - OG:31:50 MWoIUREþ(:\SuR\N801e\Ue1od1oo.dwg _.,--~----- 09/200J ~ I o 2S!SO 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO.: flLE NO.: N6015-00S-DOO 2L-812 No. 22, 15 DC 05 87 -.- ,-.--_.----,---_.--------_.__.._~---_._-~-- TRACT @ EXHIBIT Page~ of..2Z.. TRA cI_____________________ ------------ë:[~~ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ CURVE C10 Cll LEGAL DESCRIPTION A portion of the North 165 feet of Tract 117 Golden Gate Estates Unit No.2, Plot Book 4, Pages 75-76, of the Public Records of Collier County, Florida. being more particularly described as follows: Commencing at the Northeast corner of Tract 117; thence S.89'31'28"W. along the Nortr line of Tract 117. 0 distance of 48.46 feet to the POINT OF BEGINNING: said point also being the beginning of a curve to the left, of which the radius paint lies N.88'17'5Z"E.. 0 radial distance of 6,725.47 feet; thence southerly along the arc, through a central angle of 01'24'Z3" and being subtended by 0 chord which bears S.OZ'Z4'20"E 165.09 feet, o distance of 165.10 feet to its intersection with the South line of the North 165 feet of Tract 117: thence S.89'31 'Z8"W. along said South line, o distance of 5.01 feet to the point of curve of o non tangent curve to the right, of which the radius point lies N.86'53'35"E., 0 radial distance of 6,730.47 feet: thence northerly along the ore, through a central angle of 01'Z4'ZO" and being subtended by 0 chord which bears NOZ'Z4'15"W 165.09 feet, a distance of 165.10 feet to its intersection with the North line of Tract 117: thence N.89'31 'Z8"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 8Z6.39 square feet or 0.0190 acres, more or less. 1 c>\ ~ !J;; :j-) .' DAVID J. ÄTT, FLORIDA L . NO. '1-J.-q ~07 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 65061 .,"CEL NO. , 707 Wil.Mille'--~~-- -"~'&*IIII*''''''''''' ,~_. ~ea.-. 1IIIonIk', no _."",.... _, _.r.,. II1II...""'l1li....---.--.....-.-- Sop 24, 2003 - 14:17:05 WW04URElx:\SUR\NII01~\II~lad'OO.dwll PROJECT NO.: ~-----_.- FMCB NO. 589'31 '28"W\ 48.46' I I () () -> -> o -------- --- L91 ,....... ::i q a=: Ò o ~ ......,. ~ IC) 01 OC 05 87 :I ~ ó ci ...J <: Z <: ü ...... IC) 01 ci U ~~ DELTA l'Z4'Z3" "Z4'20" NOTES: 1. This is not a survey. CHORD BEARING SOZ'24'20"E NOZ'24'15"W 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'.32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. . 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Paint of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. + N I 9/24/03 " 50 GRAPH:OO CAl COLLIER COUNTY DEPARTMENT OF TRANSPORTATION LINE L90 L91 'IÐFORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT Œ CONS~ BEARING N89'31'28"E S89'31'28"W REVISED I 200 SKETCH de DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 FILE NO.; 2L -812 ------ Page.1L of.1l... LINE TABLE LENGTH 50.00 48.46 21,04 Tract --------------~ LINE L25 L26 L28 BEARING N89'31'28"E S69'31'26"W NOO'28'32"W GOLDEN GATE ESTATES UNIT NO. 2 P.B, 4, PAGE 75 FARCe NO. 108 h No. OC Marc 22, 05 Pag 17 87 .-.. ;:: 0 Ii "0 '0 0 N 0 ~ CD Lf) ...." <0 ~ o Ii .-J <í Z <í U Lf) 0"> Ii c3 o (J1 It) 0"> Ii c3 L-I I ~ -------------------------------------------------- CURVE C5 DELTA 1'13'35" LEGAL DESCRIPTION A portion of the South 1/2 of Tract 116 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florido, being more particularly described as follows: BEGINNING at the Southeast corner of tract 1 16; Thence South 89'31 '28" West along the South line of Tract 116 a distance of 48.46 feet; Thence 143,97 feet along the arc of a non-tangentiol circular curve concave east hoving a radius of 6,725.47 feet through a central angle of 01'13'35" and being subtended by a chord which bears North 01'05'21" West 143,97 feet; Thence North 00'28'32" West a distance of 21,04 feet to its intersection with the North line of the South 1/2 of Tract 116; Thence North 69'31'26" East. along said North line a distonce of 50.00 feet; Thence South 00'28'32" Eost, along the East line of Tract 116, a distance of 165.00 feet to the POINT OF BEGINNING. Containing 0.1877 acres or 8,175,26 square feet. more or less. ~, CHORD BEARING N01'05'21 "W NOTES: 1. This is not a survey. 2. 8asis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4, Easements shown hereon a re per plat. unless otherwise noted, 5. ROW represents Right-of-Way. 6, P.O,B, represents Point of Beginning. 7. P,O.C. represents Point of Commencement. 6. O.R. represents Official Records, 9, L.B.E, represents Landscape Buffer Easement. 10, U,E, represents Utility Easement. + N FEE SiMPLe INTEREST (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION L8 #43 PRQ,JEC1 NO.: 65061 ",",,0[(' NO. , 108 WlI.Mille¡-·~"- _.~.Ec%IoIr.~.~_.~~ tIIIoIMr, h:. ...Rot......_._.,.. IØ..,~........__.__.,.,_.___ s.p 22, 2003 - 11 :38:58 1lLAM\JRE\X;\SUR\N801S\VS1od100,dwg ~ 02e~ 100 GRAPHIC SCALE I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4& DESCRIPTION 09/200;] PROJECT NO.: F1lE NO.: N6075-D05-000 2L-812 ..-..._-----,~.-- EXHIBIT Page-LL af~ ~CT @ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ----------- TRACT ___________ ~~~--------- TRACT @ MACEI NO No. OC 22, 05 18 87 n 0 ,-.. Ii ~ ...J q 4: a:: ~ ·0 ü 0 ..- ..- I(') '-" 0'1 L94 ;~ y S89'31'28"W I 48.46' I I ------- <D<D UJU1 00 NUJ L92 P.O.B. CURVE C12 C13 CHORD BEARING N01'OS'19"W S01"OS'21"E LEGAL OESCRIPTION A portion of the South 1/2 of Tract 116 Golden Gate Estates Unit No.2, Plat Book 4, Pages 7S- 76, of the Public Records of Callier County. Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 1 16; thence S.89·31'28"W. along the South line of Tract 1 1 6, 0 distance of 48.46 feet to the POINT OF BEGINNING; thence continue S.89"31'28"W. along said line. 0 distance of S.OO feet to the point of curve of a non tangent curve to the right of which the radius point lies N.88"47'SS"E.. a radial distance of 6,730.47 feet: thence northerly along the arc, through a central angle of 01'13'32" and being subtended by 0 chord which bears N.01·OS'19"W. 1 43.97 feet, a distance of 143.97 feet; thence N.00"28'32"W.. a distance of 2 1 .04 feet to its intersection with the North line of the South 1/2 of Tract 1 16; thence N.89"31 '28"E. along said North line, 0 distance of S.OO feet; thence S,00·28·32"E.. a distance of 21.04 feet to a point of curve to the left having 0 radius of 6,72S.47 feet: thence southerly along the ore, thrau9h 0 central angle of 01'13'3S" and being subtended by 0 chard which bears S.01·OS'21"E. 143.97 feet. 0 distance of 143.97 feet to the POINT OF BEGINNING. Containing 825.0S square feet or 0.0189 acres. more or less. LINE L92 L93 L94 L9S q" )... ~ ~07 (DATE SIGNED) NOT VALID WITHOUT T'rIE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORiZATION LB #43 65061 PARCD. NQ. , 708 WiI.Miller-·~~- -"~.~.......,...."~_.--~ ......... ~ _./irt....._._.r_ lIIO....,loIO.....·___·__·r.~·_-- Sop 24, 2003 - 14:17:05 IlWoIURElX:\SUR\N8015\951od100.dW\l PROJ~CT NO.: NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 9S1) being N 00'28'32" W, Florida State Plane Coordinates NAG 83/90, East Zone. 3. Subject to easements. reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Officiol Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LINE TABLE LENGTH 5.00 21.04 5.00 21.04 ~ N II I 200 BEARING 589"31 '28"W NOO'28'32"W N89"31 '28"E SOO'28'32"E .. o ~ 'SO 100 REVISED 09/24/03 GRAPHIC SCALE COLLlE:R COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &- DESCRIPTION 09/200J pROJECT NO.; N6015-005-000 AU NO.: 2L -812 HIBIT A Page~ of..:ll..., GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 o q N O? VJ N TRACT --------------ë:I~~ LINE L47 L48 BEARING N89"31 '28"E S89'31'28"W LEGAL DESCRIPTION A portion of the North 1/2 of Tract 116 Golden Gate Estates Unit No.2, Plat Book 4, Page 75 and 76, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northeast corner of Tract 116; thence S.00·28'32"E. along the East line of Tract 116, 0 distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 116; thence S.89·31'28''W. along said South line, o distance of 50.00 feet; thence N.00·28'32"W., a distance of 165.00 feet to its intersection with the North line of Tract 116; thence N.89"31 '28"E. along said North line, a distance of 50,00 feet to the POINT OF BEGINNING. Containing 8,250.00 square feet or 0.1894 acres, more or less NOTES: PAACE1 No. oe Marc 22, 05 I Pa 19 87 h 3: I q I 0:: -' <{ ~ '0 u 0 .... .... It) '-" 0) I I U~ I It) 0) ci U 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPle INTEREST Q-17-0} (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 '.- o PROJECT NO.: 65061 PMCÐ. NO. : 109 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION Wi"Millel··~U.- -.. ~"__.,,--,.!.MI:IIcIoo_. ~0:NIAIInf0 ~"' ..,.".....- .-.r.,. IIIOMrw........·...__.__./IIr_.__ + 1\1 I 25 50 100 GRAPHIC SCALE I :zoo 09/2ooJ PROJECT NO.: N60 '5-005-000 SKETCH & DESCRIPTION ALl NO.: 2L-812 -----.-..- '_.! i U!L of..:u]RACT ¡ @\ PARCfI NO No. larch 22, Peg 20 I I P.O.B. S89'31'28"WI 50.00' L97 Z (J) o 0 q q N N ~ (XI. t.-I t.-I N "!. ~ ri :i ó ci :;i z « () TRACT -----------c:r~~------- (J) (J) Y' (J1 o 0 --------------------~9~-- h GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ LINE L96 L97 LEGAL DESCRIPTION A portion of the North 1/2 of Tract 116 Golden Gate Estates Unit No.2, Plot Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: Commencing at the Northeast corner of Tract 116; thence 5.89' 31'28"W. along the North line of Tract 116, a distance of 50.00 feet to the POINT OF BEGINNING; thence S.00·28·32"E., o distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 116; thence S.B9·3,'28'W. along said South line, o distance of 5.00 feet; thence N.00·2B'32"W.. 0 distance of 165.00 feet to its intersection with the North line of Tract 116; thence N.89·31 '28"E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres. more or less "..... ;:: Ó ci '0 o ..... 10 (J) ~ () ..... ........ 10 01 Ii c..5 LJ I lJ BEARING SB9'31'28"W N89'31 '28"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line ot County Road 951 (C.R. 951) being N 00'28'32' W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point at Beginning. 7. P.O.C. represents Point ot Commencement. 8. O.R. represents Official Records. 9, L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TeMPORARV CONSTRUCTION EASEMENT (bURA~ON:3VEARSFROM éòMM'NOI!MIINT 011 CONSTRUCTION) '7 -). 3 -0 ) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB /143 65061 PARCEL NO. , 709 WiI.M;lleI·-~U.- --..___,~._.~_.~c.r.- ~,ht> ....""'....._ ._·r... lIII..,ta"'Ø·"__ .--...-. --- Sep 18. 2003 - 13:1,0:54 \I~uREX:\SUR\Neo'~\8~lodIOO.àwg pROJ[CT NO.: ~ N I ~o 100 GRAPHIC SCALE I 200 .,. o 25 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/200J PROJECT NO.: N601!S-005-000 fllE NO.: 2L-812 DC 05 87 - EX...,. ...A- Pet{ll£- of..:J..J.. .30' R.O.W. F EASEMENT --------- 3RD AVE. N.W. (60' RO.W.) N89'31 '28' E ,,0 TRACT 114 - --- --------- -t- z TRACT 115 PARCEL NO DC 05 87 ""' 3i q œ: o o 11 ~ Ç) œ: -J <t Z <t U ~ '-" ,¡") en ,¡") en œ: u ~ a:: u / 5, S89' 31'28" W--\ GOLDEN GATE ESTATES ~ UNIT NO. 2 TRACT 116 _. NOTES: 1. This is not a survey. DESCRIPTION: A portion of Tract 115 of Golden Gate Estates Unit No.2, os recorded in Plat Book 4 Pages 75 and 76 of the Public Records of Collier County, Florida, being more pcrticulorly described os follows: 2. Basis 0' bearing is the West line af County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAO 83/90, East Zone. J, Subject to easements, reservotìons and reslrìctions or record. BEGINN~NG at the Southeasterly corner of said Tract 115; thence South 89'31 '28" West, along the southerly line of said Tract 1 15, for 0 distance of 50.00 feet to its intersection with 0 lire 50.00 Westerly of and parallel with the Easterly line of said Tract 115; thence North 00'28'32" West along said porallel line, for 0 distance af 330.00 feet; thence North 89'31 '28" East, along the northerly line of said Tract 115, for 0 distance of 50.0 feet, to the Northeast corner of said Trocl 115; thence South 00'28'32" East. along the easterly line of said Tract 115, for 0 distance of 330.00 feet to the POINT OF BEGINNING. 4. Easements shown hereon ore per plot, unless otherwise no led. 5 ROW represents Right-aI-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. OR. represents Official Records. g. l.B.E. represents Landscape Buf'er Easement. " O. U.E. represents Utility Easement. Containing 16500 sq. .feet or 0.3788 oc'es, more or less. ¡;¿~¡l!ø" DAVID J HYA,IT, P.S. . FOR THE FIRM) FLORID;". lIC( .\;0. 583~ FEE SIMPle INTEReST J -:2l-/- tlf (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE Of' AUTHORIZATION l_B #43 Revised Per County Comments 2/05 PROJECT NO. 65061 PARCEL NO. . 110 Wil.Miller" PliAnf'IfJfIJ f::r:gJl'WQ(I r:coIogiS~ SIJfYlJY<n' lnll(1~[:;wv ¡\¡mitwr5 'Jirtlfl5¡JOrlIJIJÜI1 Corn;u{lanrs WilsonMJ1iaf, lnc ,~ FIJ1Mr!n'.5.ms«.I ..!hdIntr) ~ Jlœ6;My~w.S;JIII!f» Nff1eS. J:lro'i;J"Vi05·¡j5C¡·F'tu1t 210 SoIS4t1t1! rM]j¡a.64Uì1~ 1tW.>$¡~'1fW,..jlaøJlr.I/!:,,'l.I'I¡ lIor 24. 2004 - 13:06:« IIw.lUREIX:\SUR\N6015\951sd100.dwg 02/2005 4 N r.,.- o 25 50 100 GRAPHIC SCALE I 200 COLLIER COUNTY O[PARTM[NT OF TRANSPORTATION SKHCH & DESCRIPTION F'R'OJ[CT NO.: N60 '5-005-000 FILE NO.: 2L-812 EXHlBITLACT p..&- of.2.U 1 4 PARCB NO. ï 10 --- 30' R.O.W F EASEMENT 3RO AVE. N.W. (60' R.O.W.) --------- -t- I TRACT 115 TRACT 116 GOLDEN GATE ESTATES UNIT NO. 2 LINE TABLE LINE LENGTH ..1 5(1.00' l2 S.CIO' U 5.00' DESCRIPTION' A portion of Tract 115 of Golden Gate Estates Unit No.2. os recorded in Plot Book 4 Pages 75 and 76 of the Public Records of Collier County, Florida, being more particularly described os follows: COMMENCING at the Southeasterly corner of said Tract 115; thence South 89'31 '28" West, along the southerly line of said Tract 115, for 0 distance of 50,00 feet to the POINT OF BEGINNING; thence continue along said South line South 89'31 '28" West, for 0 distance of 5.0D feet: thence North 00'28'32" West, for 0 distance of 300.00 feet, to 0 point on the southerly line of the 30.00 foot right-aI-way easement of 3rd Avenue Northwest os depicted on said plot; thence North 89'31 '28" East, along the Southerly I,ne of sOle easement, for a distance of 5.00 feet to its intersection w'th 0 line 50.00 Westerly of and parallel with the easterly line of said tract 115; thence South OCf28' 32" East, far 0 d',stonce of 300.00 feet to the POINT OF BEGINNING. Containing 1500.00 sq. feel or 0.0344 acres, more or less. L3 ;¡ ?i ~ (/) ~ ci 0:: 0 ci q -' N 0 <t: 01 z 0 <t: '" ~ U ~ ......" ~ rrl Lf) Lf) '" '" ~ 0:: '" U 0 U 0 ~ (:) ~ q ,O.B. o o o o r0 ~ N I"') ëo N b o z P.O,C. \ I NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83(90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-aI-Way. P.O.B. represents Point 01 Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utili:y Easement. THE FIRM) TEJiIFORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COfAIENŒMENT OF CONSTRUCTION) 3-7-()5' (DATE SIGNED) NO" VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 Revised Per County Comments 3(07/05 PROJEC1 NO. 710 55051 Wil.Mille¡~ Planoors Er.gm&'1'5 E:œfogIsJJi' SvrwJ'l"'1f· r MJdsmþf'1 NitJifoct! ~!;pafnbQ'l ConsuttMI1 WílsonMiU8f. Inc '..... FaI..,..'....... -er.,.." ..... J2OO~Lft,~a» ....~:!4!(!S.IlCl·fll\r.Jw1J9.84,§..flIW Ful~IöU1$ /'IWI.$."2'IIW.fl'!fDdw..:MI liar 24, 2004 - \3:06:44 MlßMUREIX:\SUR\N601S\9S1.d100.dwg + N ~ 2~ ~ 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH & DESCRIPTION OJ12005 PROJECT NO,: N60 '5-005-000 f1lE NO.. 2L-812 o. OC 05 87 , 2 I 200 y )( xYx 'X Y YY x X;<AYxY x ( ~ ~ ~ YX x xY g x x ")<,,y y x Y )()( ~ >< x >< Y"ý' y )( Y )( )( x;< >< X X ~x x;x ~X)<)< x'>\. X X '>< \, ~X'^xy)( ""Y"'v'Xy y y S 89'31 '28" W GOLDEN GATE ESTATES UNIT NO. 2 - TRACT 114 EXHIBIT..Â. PIIIt.J.:L ot..:u.. ~ 30' R,O,W. EASEMENT ---------<--- 3RD AVE. N.W. (60' R.O.W.) 1 N 89'31'28" E ~ K'><x 'X XY ,xxx x X 't" X .¡X)( gx x >vv'N ~~ x X 0'X X Y 'J< Y,' >< TRACT 115 x x ;, 'X/)< ><.)<, ä; I X '>\.)1, )( en y '. v Co ky'>< X X o X z 'y 'x 'y ¡;x.x PARCEL x~/ w 'Xx X )< 'xx TRACT 116 LINE TABLE ,- UNE LENGTH II M.OO· L2 .}Q,OO' SEARING N8;"J1 "28" E N00'2S'J2"W DESCRIPTION: A portion of Troct 115 of Golden Gote Estotes Unit No.2, os recorded in Plot Book 4 Pages 75 ond 76 of the Public Records of Collier County, Florida, being more porticularly described as follows: COMMENCING at the Southeasterly corner of said Tract 115; thence South 89'31 '28" West, along the southerly line of said Tract 115, for a distance of 50.00 feet to the POINT OF BEGINNING; thence South 89'31 '28" West, along the southerly line of said Tract 1 15, for a distance of 419.85 feet; thence North 08'59'31" East, for a distonce of 304.14 feet, to 0 point on the southerly line of the 30.00 foot right-of-way easement of 3rd Avenue Northwest os depicted an said plat; thence North 00'28'32" West, for a distance of .30.00 feet to the Northerly line of said Tract 115; thence North 89'.3 1 '28" East, alang said Northerly line, for a distance of .369.82 feet to its intersection with 0 line 50.00 Westerly of ond porollel wite the easterly line of soid tract 115: thence Sou:h 00'28'.32" Eost, for a distance of .330.00 feet to the POINT OF BEGINNING. sq, feet or 2.9737 acres, more . .M. (FOR THE FIRM) 5834 3-7-05 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #4.3 Revised Per County Comments .3/07/05 Revised Per County Comments .3/04/05 PROJECT NO.' 65061 PIoftCEL 00. . B 0 Wil.Mil'e¡k."""_" ~ Er.gmt."EW EonIogI.",. SuMI)'Q'!"lDndSCI¥IØA~ ~1aI~5(~ W¡Is""Mi'18r.lnc. :w,M Fctr..,.,.. Sim«4 -~( ~ 32OOe.rLfllll.SuIII200 ,...fboIit;¡Jf~·AlaM ",MofI.lfP ,"u m".3-5;111 .-,$(II """'.~.CMI 1010' 24, 2004 - '3:06:# Mu.IoOUREIX:\SuR\N6a'S\9Shd,aO.d"9 x x PARCEL NO. ~~ --- --- 369,82' xV xy ,)Ç<.)< y XY X X X' X xx y X 'y x 'X y x )( x X X X 419.85' ~ L1 P.O.B. NOTES: 1. This is not 0 survey, - U1 o 0. N a.1 VI N , ì h q Ct: ..J <I: Z <I: Ü fTI ...... ;Ii ó ci o o '-" en 0') ci Ù ,-L p,o,cl. I 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinotes NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. ~ N ~ o 25 50 100 GRAPHIC SCALE FeE SIMPLE INTEREST I 200 COLLIER COUNTY DEPARTMENT F TRANSPORTATION OJ/2005 P~OJECT NO: N60'S-OOS-OOO SK£TCH de D£SCRIPTlON f'H.E: /'110.: 2L -812 o. OC 05 87 , 3 LíJ 0') ~ U GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT ___________________________________________-z @ S OJ. LN N ~ -- OJ -.D o o ------ 3RD AVE. N.W. -------- ---- BEARING S89'3,'28"W N89'31 '28"E LINE L49 LSO LEGAL DESCRIPTION A portion of the South 180 feet of Tract 114 Golden Gate Estates Unit No.2, Plot Book 4, Page 75 and 76, Public Records of Collier County, Florida, being more particularly described os follows: Beginning at the Southeast comer of Tract 114; thence S.89·31 '28"W. along the South line of Tract 114, o distance of 64.00 feet; thence N.OO·28'32"W., a distance of 180.00 feet to its intersection with the North line of the South 1/2 of Tract 114; thence N.89·31'28"E. along said North line, 0 distance of 64.00 feet to its intersection with the Easteriy line of Tract 114; thence S.00·28'32"E. along the east line of Tract 114. 0 distance of 180.00 feet to the POINT OF BEGINNING. Containing 11,520.00 square feet or 0.2645 acres, more or less. NOTES' PAACe' NO. 1 I "..... ~ o ci '0 o ..- ---- h ~ I q ~ 1 .J .c( ~ ü Marc I Pag ..- If) m ~ I ci m. \ Ü U~ I P.O.B.' 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (c.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Paint of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. LB.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPlE INTEReST DAVID J. HY FLORIDA LlC. NO. '1 ~17 '07 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORDINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~ N -- o 2' 50 100 GRAPHIC SCALE PROJECT NO.: 65061 PAACn. NO. : COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION 111 Wil."'iller-·~w- __. _. E!coIooII.......... .~_.--~ ~tJc .....Aot....·_·_·. ._LIIO....., ._-_.- -.""-.--- SKETCH k DESCmPTlON No. 22, 24 OC 05 87 I 200 09/2003 pROJECT NO.: F1L.E NO.~ N6015-005-ODO 2L-812 EXHIBIT ...8- P..J.L o'-7l TRACT ----------C2~~------------ AARCEL If) o ~o (.J1' SS9'31'ZS''W 2; [;5. 64.00'., o. ~ L100 __1- ----------------- --- - ~ o (". ,-... 3:i q ct:: '0 ° - ....... ------ ----- 3RD AVE. N.W. -- L 10Z ----- I _I- I I I I I I I I I I I I ! TRACT @) LEGAL DESCRIPTION A portion of the South 180 feet of Tract 1 14 Golden Gate Estates Unit No.2, Plat Book 4. Pages 75-76. of the Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Tract 114; thence S.00·28'32"E. along the East line of Tract 1 14, 0 distance of 150.00 feet to its intersection with the North line of the South 180 feet of Tract 114; thence S.89'31'28"W. along said North line, 0 distance of 64.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 150.00 feet to its intersection with the North line af the right-of-way easement af 3RD AVE. N.W.; thence S.B9'31'28"w. along said North line, a distance of 5.00 feet; thence N,OO·28'32''w.. a distance of 150.00 feet to its intersection with the North line of the South 180 feet of Tract 114; thence N.89·31'28"E. along said North line. a distance of 5.DO feet to the PQINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres, more or less. q - J )-0 } (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 ----.-..._----- ---- -- - 10 0) GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ct:: <.5 ~ LINE L100 L101 L102 L103 LINE TABLE LENGTH 5.00 150.00 5.00 150.00 NOTES: I I h 3: I Ò ci ....J <{ Z <{ U .- 10 0) ci <.5 ~ BEARING N89'31' 8"E SOO'28'3 "E S89'31'28"w NOO'28'32"W 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.D.C. represents Point of C<;>mmencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY ~ CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) N ~ o z.e so '00 GRAPHIC SCALE COLL/£R COUNTY D£PARTM£NT OF TRANSPORTATION SKE:TCH de D£SCRIPTION PROJECT NO.: N60 '5-005-000 PROJECT NO.' 65061 PARCD. NO. , 711 WiI.MiIIBr··~w- _._.--._.~_,_Ctno** MooIMr, tic .....".~...... ....=~,.;,.~-::...=.ø.__ 09/200.1 Sop 19, 2003 - 11:24:4& MWoIURElX:\SUR\Neo1S\IS1od100,dW9 I 200 F1LE NO.: 2L-812 I No. foe 2,2 05 25 0 87 ¡ TRACT ---------------~---- z q N (XI. VJ N ~ ~ -~ (.J1 ~ L52 PARCEL OC 05 h 87 ~ Ó ".... Ii VJ ~ 0 <i 0 Ó N Ii z (XI .c{ vJ ·0 Ü N 0 .- rri .- 10 '-' en .- Ii 10 (.J1 en U 0 Ii ~~ 0 o. U U I I Page~ ar..::z:¿ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 --------------- o. ------ -- ---- 3RD AVE. N.W. ------ ------ LINE L51 L52 BEARING S89'31 '28"W N89'31'28"E LEGAL DESCRIPTION A portion of the North 150 feet of Tract 114 Golden Gate Estates Unit No.2, Plat Book 4. Page 75 and 76. Public Records of Callier County. Florida. being mare particularly described as follows: NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. Beginning at the Northeast comer of Tract 114; thence 5.00' 28'32"E. along the East line of Tract 114, a distance of 150.00 feet to its intersection with the South line of the North 150 feet of Tract 114; thence S.89'31'28"W. along said South line. 0 distance of 60.00 feet; thence N.00·28'32"W., a distance of 150.00 feet to its intersection with the North line of Tract 114; thence N.89·31'28"E. clang the North line of Tract 114, 0 distance of 60.00 feet to the POINT OF BEGINNING. Containing 9,000.00 square feet or 0.2066 acres, more or less 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPLE INTEREST ~ N c(-I7'Cj (DATE SIGNED) ...- I I o 2ð5O 1DO . 200 GRAPHIC SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA liCENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.. 65061 P"'CD. NO. . 112 Wil."ille,··RüO- __'~'EcdoIII*' ....,....~- .~~ ~hc. ....Rof...·_·_·r_ .......,.......... ._---.--.Ilol-·--- COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4& DESCRIPTION 09/2ooJ PROJECT NO.: ALL NO.: N6015-oo5-000 2L-812 Page..,lL of'..l2..GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4. PAGE 75 w.RCa NO OC 05 87 SB9'31'2B"wl 60.00' I P I ~c:: 00 m~ TRACT ____ ·----------------------------------------------[105 @ -------- ------ 3RD AVE. N.W. ------- ------- TRACT @ ,..- LINE L104 l105 L106 l107 LEGAL DESCRIPTION A portion of the North 150 feet of Tract 114 Golden Gate Estates Unit No.2, Plot Book 4, Page 75-76. of the Public Records of Collier County, Florida, being more particularly described os follows: NOTES: 1. This is not 0 survey. Commencing at the Northeast corner of Tract 114; thence S.89·31'28"W. along the the Narth line of Tract 114, o distance of 60.00 feet to the POINT OF BEGINNING; thence S.00·28'32"E., 0 distance of 150.00 feet to its intersection with the South line of the North 150 feet of Tract 114; thence S.89·.31'28"W. along said South line. 0 distance of 5.00 feet; thence N.00·28'32"W., a distance of 150.00 feet to its intersection with the North line of Tract 114; thence N.89·.31 '28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres, more or less. ;¡ ~ 0 - ci ~ q ;i 0:: Z <: 0 u 0 .- .- It) '-" m U; Ii m d ~~ LINE TABLE LENGTH 150.00 5.00 150.00 5.00 BEARING SOO·28·.32"E 89'31' 8"W NOO·28'.32"W N89'31'28"E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to eosements, reservotions and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. + N I 2S 30 100 GRAPHIC SCALE T'EMPOfWW' CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT1ON) DAVID J. YATT FLORIDA LlC. NO. q-J.J-OJ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~ o PllWECT NO., 65061 PARCEl. NO. , 712 WiI.Millf¡··~~- _.~.~.~.~_.~~ ~,~ IIII....,LoIo...""....=~,.",~·=.ø.__ 09/200J Sop 10, 2003 - 11:24:48 MlANURE1X:\SUR\N80lS\OSIJld1aO.dwv I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PROJECT NO.: N60r'-OO5-000 SKETCH & oescmPTION F1\L NO.: 2L-812 TRACT - ---------------------------------- ~ @ ~ tN N ::Ë GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 --------- LINE L53 L54 BEARING SB9'31'2B"W NB9'31'2B"E LEGAL DESCRIPTION A portion of the South 1/2 of Tract 113 Golden Gate Estates Unit No.2, Plot Book 4, Pages 75 and 76, Collier County. Florida. being more particularly described os follows: Beginning at the Southeast corner of Tract 113; thence S.B9·31 '2S"W. along the South line of Tract 113. a distance of 55.00 feet; thence N.00·2B'32"W., a distance of 165.00 feet to it's intersection with the North line of the South 1/2 of Tract 113; thence N.B9·31'2B"E. along said North line, 0 distance of 55.00 feet to its intersection with the Easterly line of Tract 113; thence S.00·2B'32"E. along the East line of Tract 113, a distance of 165.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.20B3 acres, more or less ~' q -17 ,() , (OATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 PROJECT NO., 65061 .ARCD. "0. , 11 J WiI.Miller··~"- _.e-..Ec>cqIofI'~'~-'~~ ~,h:. .......,..,...._._·r_ ......,~..... .---.--."'-.--- Sop 18, 2003 - 13:10:32 l,tl,\l,lURElX:\SUR\N8015\V51 od' oo.dwV A\RCEf NO No. OC March 2. 2 05 Pag 28 0 87 "" ~ ~ 0:: ·0 o ..- '-/ h ci :ci z cI: <..) ..- LO 0) ci Ú ..- LO C1) ~ u L LJ 01 (J1 o NOTES: 1 . This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.D.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. D.R. represents Official Records. 9 L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SU'lE INTEREST 4 N '",¡- I Q ~ 50 100 200 GRAPHIC SCAlE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH de DESCRIPTION 09/2003 PROJECT NO.: F1LE NO.: N6015-005-0oo 2L-812 _-.-_..._--~-~~ ,- TRACT @ EXtlBIT .1L p_.:li- 0'-":13. GOLDEN GATE ESTATES UNIT NO, 2 P .B. 4, PAGE 75 PARCEl MO. '11 ~ h M~r No. OC 22,2 05 29 0 87 ....... :i ó ci "0 o ..... '-'" :i ó ci ~ ~ t) TRACT L111 ._---------~------------------------------ ~ 111 OJ ci cJ TRACT @ LEGAL DESCRIPTION A portion of the South 1/2 of Tract 113 Golden Gate Estates Unit No.2. Pages 75-76, of the Public Records of Collier County, Florida, more particularly described as follows: Commencing at the Southeast comer of Tract 113; thence S.89·31'28"W. along the South line of Tract 113, 0 distance of 55.00 feet to the POINT OF BEGINNING; thence continue S.89·31'28"W. along said line, a distance of 5.00 feet: thence N.OO'28'32"W., a distance of 165.00 feet to its intersection with the North line of the South 1 /2 of Tract 113: thence N.89·31'28"E. along said North line, 0 distance of 5.00 feet; thence S.00'28'32"E., a distance of 165.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less r r ~ ~ ~ o N .- 111 OJ ci ù L-- I I l-J LINE L108 L109 L110 L111 L112 LINE TABLE LENGTH 55.00 5.00 165.00 5.00 165.00 BEARING S89'31 '28"W S8S'31 '28"W NOD' 8'32"W N8S'31'28"E SOO'28'32" NOTES: 1. This is not a survey. 2. Bosis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Fiorido State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U. E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCi1ON) '1- n -0 } (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAl RAISED· SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 P"""ECT ",,-, 65061 PIoRCt1. NO. , 71 J Wil.Mllle¡-·~W- _.~.~.~............-,~~ ftIonWIr. m .......UoIo........::~,.;,.~~·=-. _ _ 09/200J Sop 18. 2003 - 13:27:07 IotlNolUREþ(:\SUR\NSOI,,\1I,,1od100.dw9 --~--_._"---- ~ N ~ o 25.5CJ 100 GRAPHIC SCALE I 200 COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO.: N60r5-OO5-000 Fn.£ NO.: 2L -812 PARCEl NO. en (J1 o ~ en (J1 TRACT ______________ 0 ------------------------------ ~ @) - L55 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 LINE L55 L56 BEARING S89'31 '28'W N89'31'28"E LEGAL DESCRIPTION A portion of the North 1 /2 of Tract 113 Golden Gate Estates Unit No.2, Plot Book 4. Pages 75 and 76, Collier County. Florida. being more particularly described os follows: NOTES: No. OC 22,2 05 30 87 h Ii -:i.. :i () ..... '-" ..... Ii) en Ii Ü Ii) en ~ ü L l-J ,. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. Beginning at the Northeast corner of Tract 113; thence S.00·28' 32"E. along the East line of Tract 113, 0 distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 113; thence S.89·31'28"W. along said South line, o distance of 55.00 feet; thence N.00·28'32"W., a distance of 1 65.00 feet to its intersection with the North line of Tract 113; thence N.89' 31'28"E. along the North line of Tract 113, 0 distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres. more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. '.- I o n SQ'OO 200 GRAPHIC SCALE (2~i~ (FOR THE FIRM) FLORIDA Lie'. NO, 5834 FEE SIMPLE INTEREST "l -/ 1-0} (DATE SIGNEO) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 P1<OJECT HO.' 6506 f ....CE!. HO. , 1 f 4- Wil."illtii··~-- _.~'&oi>IIII._.~_.~~ ~,b:. ..."".....-.-.- _".,lø,UtIllO .___ .1!Ino_......_. --- Sop lB, 2003 - 15:11:47 NLNoIURE!X:\SVR\NB015\951od100.dwg ~ N COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH 8& DESCRIPTION 09/200J PROJECT NO.: ALE NO.: N6015-005-000 2L-812 .- TRACT ® EXHIBIT ..A.. p.,.JS:... of...2J. L117 c: c: ~ ~~ ~ TRACT ----------~-------- \22V ------- --------------- L115 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ LEGAL DESCRIPTION A portion of the North 1/2 of Tract 1 13 Golden Gate Estates Unit No.2, Plot Book 4, Pages 75-75, of the Public Records of Collier County, Florida, being more particularly described os follows: LINE L1 13 L114 L1 15 L115 L 117 NOTES: Commencing at the Northeast corner of Tract 113; thence S.89·31 '28"W. along the North line of Tract 1 13. 0 distance of 55.00 feet to the POINT OF BEGINNING; thence S.00·28'3Z"E., a distance of 165.00 feet to its intersection with the South line of the North 1/Z of Tract 113; thence S.89·31 '28"w. along said South line, 0 distance of 5.00 feet; thence N.00·Z8'32"w., 0 distance of 165.00 feet to its intersection with the north line of Tract 1 13: thence N.B9'31·2B"E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. 1. This is not a survey. w.RCS NO. ,.-... ~ q a:: '0 o .- '-" It) 01 c:: c5 ~ I I LINE TABLE LENGTH 55.00 165.00 5.00 155.00 5.00 DC h 05 87 ~ ~ a:: ....J ?J! "" ü It) 01 ~ Ü l-J BEARING S89'31'2B"W SOO'28'32"E S89'31 '28"W NOO'28'32"W NB9'31 '28"E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) bein'l N 00'Z8'3Z" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless ctherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. l.B.E. represents Landscape Buffer Easement. , O. U.E. represents Utility Easement. ~ N ~ o 2& so 100 GRAPHIC SCALE TeMPORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMeNTOFCONS~ 0¡-d1-0) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 (DATE SIGNED) PROJECT NO.: 65061 PARCEl. NO. ; 714 COLU£R COUNTY D£PARTM£NT OF TRANSPORTATION WiI.Mille¡·-·~UO- -'s--.'Iii>c>qIor'*,-.~_.~~ ~h:. ,.,., ·1101..... _. _. r_ -_u......,....__._ _.,.._. ___ Sop 1B, 20QJ - '4:17:34 MLAIoIUREIX:\SUR\NBOIS\;Shd100.dW\l 09/200J PROJECT NO.: N6075-00!S-OOO SKITCH & D£SCRIPTlON ------------ ~-~ '._~"."""--""'--" I 200 F1LE NO.: 2L -812 TRACT ---------------0- -------------------------~ 112 ;3 ~ V. N ~ ~n _~ 01 ()1 o No.10C h 22,2005 32 of 87 ~ 0 ,....., Ii 3i Ó ;J Ii z « '0 ü 0 .- .- If) U1 '-" (7) 0 .- Ii q If) N () U cc. ~ {... N Ü rri GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 LINE L57 L58 BEARING S89'31 '28''W N89'31'28"E LEGAL DESCRI PTlON A portion of the South 165 feet of Tract 112 Golden Gate Estates Unit No.2, Plat Book 4. Pages 75-76, Collier County, Florida, being more particulorly described as follows: Beginning at the Southeast corner of Tract 112; thence S.89·31·2B"W. along the South line of Tract 1 1 2, a distance of 55.00 feet; thence N.00·28'32"W.. a distance of 165.00 feet to its intersection with the North line of the South 1 65 feet of Tract 112; thence N.89· 31'28"E. along said North line, 0 distance af 55.00 feet to its intersection with the Easterly line of Tract 112; thence S.00·28·32"E. along the East line of Tract 112. a distance of 165.00 feet to' the POINT OF BEGINNING. Containing g ,075.00 square feet or 0.2083 acres. more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W. Florida State Plane Coordinates NAO 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 6. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. f5J ~ Î~ DAVID J. An. .S.M. (FOR THE FIRM) FLORIDA LlC. NO. 5834 FEE SIMPlE INTEREST 4 N q -/7 D J (DATE SIGNED) ~ ] o 2ð eo 100 200 GRAPHIC SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJEC"T NO., 65061 PARCEL NO. , 115 Wil.";ller·-·~- ---.~.~.~.~_.--~ .....-. he. _.'-1......-.-.- ...-....... .---.,... -."'-. -- s." Ie. 2003 - 13:1.:01 IoIlAI!URElX:\SUR\Ne01e\øe1...,00.d"g COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH de DESCRIPTION DS/200J PROJECT NO.: nl£ NO.: N6DI5-005-DOO 2L -812 TRACT @ EXHIBIT .1L PeoeZL of~ GOLDEN GATE ESTATES UNIT NO.2 P.B. 4, PAGE 75 IRAÇJ._____________________________J 121 ----------~ ~..- ~ r c:: N N o N PAACEL. NO. ì I~ No. OC 22, 005 33 f 87 ì II. I ~ 0 "...... a:: ~ c:! .J <: c::: ð '0 0 0- Il) ...... 0) Il) c::: 0> cj c::: cj Ma¡C P 9 TRACT @ LEGAL DESCRIPTION A portion of the South 165 of Tract 112 Golden Gate Estates Unit No.2, Plot Book 4. Pages 75-76. of the Public Records of Collier County. Florida, being more particularly described as follows: LINE L118 L119 L120 L121 L122 Commenc:ing at the Southeast corner of Tract 112; thence S.89·31'28"W. 010n9 the South line of Tract 112, a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S.89·31·28"W. along said line. a distance of 5.00 feet; thence N.00·28'32"W.. a distance of 165.00 feet to its intersection with the North line of the South 165 feet of Tract 112; thence N.89"31 '28"E. along said North line, a distance of 5.00 feet; thence 5.00·28·32"E.. a distance of 165.00 feet to the POINT OF BEGINNING. Containing 825.00 squore feet or 0.0189 acres. more or Jess. NOTES: LINE TABLE LENGTH 55.00 5.00 165.00 5.00 165.00 BEARING 589'31'28"W 589'31'2 'W NOO'28'32"W N89'31'28"E SOO'28'3 "E 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W. Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. µ~~~. DAVID J. ~ ATT, . .M. (FOR THE FIRM) FLORIDA !;fC. NO. 5834 1'EMPORARV CONSTRUCTION EASEMENT (DURATION; 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) q -),,3 -O"} (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La /143 ,- o PROoJEcr NO.: 65061 _AACEL NO. , 715 WiI.Mille'-·~-- _.s.,.....S:oIIIoII.~.~_._~ ~.n:. ..·""....·_·_·r... ......,.IA...... ......__.__.,.,_. ___ Sop 19, 2003 - ":24:48 IoI~UREX:\SlJR\NeOI5\95'od'OO.dW9 + N 25 ðO 100 GRAPHIC SCALE I 2"" COLL/£R COUNTY D£PARTMENT OF TRANSPORTATION 09/200:1 PROJEt:T NO.: N6015-005-oo0 SKE:TCH de D£SCRIPTlON PRE NO.: 2L-812 PARŒ' NO. II & No. OC Marc 22, 05 Pa e 34 87 EXHIBIT A PagedL of-23- C1> U'1 TRACT 0 --------------~-----------------------~ ~ o o N CD e".¡ tv :E ~ ~ ~ :i a:: Ó -:i. ci z « '0 ü 0 .- .- It) -./ C1> .- It) a:: C1> Ü ci ~ Ü ~I GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 LINE L59 L60 BEARING 589'31 '28"W N89'31 '28"E LEGAL DESCRIPTION A portion of the North 1 65 feet of Tract 112 Golden Gate Estates Unit No.2. Plot Book 4, Pages 75-76, Collier County, Florida, being more particularly described os follows: NOTES: 1 . This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. Beginning at Northeast corner of Tract 112; thence S.00·28'32"E. along the East line of Tract 11Z, 0 distance of 165.Do feet to its intersection with the South line of the North 1/Z of Tract 112; thence 5.89'31 '28"W. along said South line, 0 distance of 55.00 feet; thence N.OD·Z8'32"W., 0 distance of 165.00 feet to its intersection with the North line of Tract 112; thence N.89· 3 1 'Z8"E. along the North line of. Tract l1Z, 0 distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.Z083 acres, more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPlE INTEREST 4 N DAVID J. FLORIDA LlC. 0.-/7-0} (DATE SIGNED) ... o 2D i50 tDO GRAPHIC SCALE I 200 NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEl NO. , 116 Wil.Millel-·~~- _.~.Eo%¡IIII'~'~-'--~ WIooIMIor, he ,..../iri......_._.r"'" :l1li...,........ ._-_.- -.,.-.-- s.p 18, 2003 - '3:1~:09 MlJ,M\JRE\X:\SUR\N60'~\1I5'od100.dwll COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/200:1 PROoJECT NO.: FlL£ NO.: N607!5-oo5-000 2L -812 -------- TRACT @ Page...2L of.....ll. TRACT ----------~----------- PARCeL NO. L127 r r tv tv en .þ. ----------------- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4. PAGE 75 TRACT CD}) LEGAL DESCRIPTION A portion of the North 1 65 feet of Tract 112 Golden Gate Estates Unit No. 2, Plat Book 4. Pages 75-76. of the Public Records of Collier County, Florida, being more particularly described os follows: Commencing at the Northeast corner of Tract 112; thence S,89·31'28"W. along the North line of Tract 112. a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00·28'32"E., a distance of 165.00 feet to its intersection with the South line of the North 165 feet of Troct 112; thence S.B9· 31'2B"W. along said South line, a distance of 5.00 feet; thence N.00·28'32"W., 0 distance of 165.00 feet to its intersection with the North line of Tract 112; thence N.89'31'2B"E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.01 B9 acres. more or less. L125 LINE L123 L124 L125 L126 L127 LINE TABLE LENGTH 55.00 165.00 5.00 165.00 5.00 NOTES: BEARING S89'31'28"W SOO'28'32"E S89' 31 . 2S"W NOO'28'32"W N89'31'28"E 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83(90. East Zone. 3. Subject to easements, reservations and restrictions or record. MaT h Pa I ~ I Ó I ;--. Ii ~ ...J Ó < Ii z < '0 ü 0 ~ LO ......, en ~ c::: LO en Ü c::: Ü 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. . L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. f5~ f~ DAVia J. I#ATT. ~ .M. (FOR THE FIRM) FLORIDA LlC. NO. 5834 TEMPORARY CONSTRUCTION EASÐENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) q -J...3 -0 J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 I'M>JECT NO.. 65061 .""eEl. NO. . 716 W;"'Mille¡-·~U.- _.~ .1SooI>gIII.....,.... .~_.~-. ~œ .Mrlaa.... .......::-=:'..;..~~.=-. _ __ 09/2ooJ Sop 1V. ZOOJ - 1':Z4:<!e MlAMUftEIX:\SUR\NI501S\V5hdIDO.dw<¡ + N ~ o 25.so 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 8& DESCRIPTION PROJECT NO.: 11/60/5-005-000 I 200 F1L£ NO.; 2L-812 EXHIBIT A Page..32.- of.::J.2... I I I 1 I I _----1- ---- 5TH AVE. N.W. PARCEL NO. II ì No. oc 22, 005 36 f 87 -- h ~ I Ò Ii ~ « ~ u Marc \ Pag ---:- ~ Ò Ii '0 o .,.... .....,. ---- -------- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 -------- TRACT ® LINE L61 L62 BEARING S89'31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the South t 50 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Tract 111; thence S.B9·31'2B"W, along the South J'me of Tract 111, 0 distance of 55.00 feet; thence N.00'28'32"W.. 0 distance of 150.00 feet to its intersection with the North line of the South 1 /2 of Tract 111; thence N.89'31'28"E. along said North line, 0 distance of 55.00 feet to its intersection with the Easterly line of Tract 111; thence S.00·28'32"E. along the East line of Tract 111. a distance of 150.00 feet to the POINT OF BEGINNING. Containing 8,250.00 squore feet or 0,1894 acres, more ar less. DAVID J. HY FLORIDA LI , q-t7 '0'3 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 Pf'OJECT NO., 6506 PARCEL NO. , 7 W;I.Millel-·~üO- _.~.EcØoIOI'_'~-'~~ ~,hc. _.,......._._.r_ IIII_~.....·_-_·__·"'_·_-- Se¡o 18, 200J - 1 J:2ð:27 MlN.I\JRE\X:\SUR\NB01 5\95hd1 oa,clwg <0 C1I Ii Ü <0 C1I z L62 q N OJ l>J N =f oc Ü ~ ~ I I UJ o q N OJ. l>J N. rri (.J1 o NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O,B. represents Point of Beginning, 7. P ,0. C. represents Point of Commencement. 8. O.R. represents Official Records. 9, L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE 8*PlE INTEREST 4 N ~ ,I o 2ð5O 100 200 GRAPHIC SCALE COLUER COUNTY DEPART/oAENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO.: riLE NO.: N60'5-005-000 2L-812 Page.lL of-l.i , I I _1- --- ----- -- -- 5TH AVE. N.W, ----- ---- -- --- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT L131 ----------ë2-2:-i:5------------------------------ r r ~ ~ (JoI (JoI ON TRACT @ LEGAL DESCRIPTION A portion of the South 150 feet of Tract 111 Galden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County. Florida. being more particularly described os follows: LINE L128 L129 L130 l131 L132 Commencing at the Southeast comer of Tract 111; thence S.89·31'28'W. along the South line of Tract 111, a distance of 55,00 feet to the POINT OF BEGINNING; thence continue S.89·.31 '28"W. along said line, a distance of 5.00 feet; thence N.00·28·32"W,. a distance of 150.00 feet to its intersection with the North line of the South 150 feet of Tract 111; thence N.89·31·28"E. along said North line, a distance of 5.00 feet; thence S,00·28·32"E.. 0 distance of 150.00 feet to the POINT OF BEGINNING. Containing 750,00 square feet or 0,0172 acres, more or less, NOTES: LINE TABLE LENGTH 55.00 5.00 150.00 5.00 150.00 PARCEl NO. ,..... ~ o ci '0 o ... '-' h ~ Ó ci O. OC Marcj1 2, 2 05 Pa~e 7 0 87 I ;J. Z <C U ... lO C1> u; c:r: C1> ü ~~ BEARING S89·.31 '28"W S89'31'28"W NOO'28'32"W N89·.31·28"E SOO·28'.32"E 1. This is not a survey. 2. Bosis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'.32" W. Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements. reservations and restrictians or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B, represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E, represents Landscape Buffer Easement. 10, U,E, represents Utility Easement. + N ~ o 2& &0 100 GRAPHIC SCALE µCWJ I' DAVID J. IiŸATT: .S.M. (FOR THE FIRM) FLORIDA lIC. NO. 5834 TEMPORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUcTION) q -)3 --0) (DATE SIGNED) NOT VALID WfTHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 PROJECT NO., 65061 PARCIl. NO. , 71 7 WiI.Mille¡···~- _.~........ .....,...~_.~~ ~tIc -.,UiIO...., ......::-=r.'..:..~~.=.ø. _ __ 09/200,] Sop 18, 2003 - 11:24:46 WI.AIotUR£þC:\SUR\NII01&\tS111d100.dw9 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PROJECT NO.: N6015-005-00D SKETCH &: DESCRIPTION ALE NO.: 2L -812 -- --_. <.._~"'''''--- ...--...".-- EXHIBIT A- Page~ of-2.i. GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ----- ---- -- 5TH AVE. N,W, ---- ------- (X) o T RA C L________________________S --------------C1J:~ L63 LINE L63 L64 BEARING S89' 31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the North 1 80 feet of Troct 1 1 1 Golden Gate Estotes Unit No.2, Plat Book 4, Pages 75-76, Collier County, Florida. being more particularly described as follows: NOTES: PARCEL NO. J J g h I M~~ "ê ~ Ò ri o o ~ Ò ri :i ~ u ~ o",J ~ I ~ I LJ ~ LO 0'> ~ u LJ I I 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements, reservations and restrictions or record. Beginning at the Northeast corner of Tract 111; thence S.00·28'32"E. along the East line of Tract 111, a distance of 1 80.00 feet to its intersection with the South line of the North 1/2 of Tract 111; thence S.89·31 '28"W. olong said South line, a distance of 55.00 feet; thence N.00·28'32"W.. a distance of 1 80.00 feet to its intersection with the North line of Tract 111; thence N.89·31 '28"E. along the North line of Tract 1 11, 0 distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,900.00 square feet or 0.2273 acres, more or less, 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C, represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement, FEe SIfMIlE INTEREST (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PRl>JECT NO, 65061 P/oROEL NO. , 118 W;I.II;ller~·~- -...a--. ,__.ano,cn'~- .~ea-.. ,... . ".,::!:'1;:'. t;;.... . r... .,,--......---.....-.,.,-.--- s.p 18, 2003 - 13:30:32 IoIlAMUREþ(:\SUR\N8015\V51 od1 OO.dwg ~ N .,. o 25 eo 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORT AnON 09/2003 PROJECT NO.: N6015-oo5-oo0 SKETCH &: DESCRIPTION FlU NO.: 2L-812 ,,;,;;,¡o;_~~~',i~;"";¡¡"""""'" No DC 22, 005 e 38 87 I 200 ,- EXHlelrL I 60' RIGHT=-:-=- EA~E:.J 1?~ 33~-d-2.L _15TH AVE. N.W. -- ----- ---- -;-JI r ~ '" '" 0'> .¡>. TRACT ----------C2-~i:5-- ---------------------------L135 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ LEGAL DESCRIPTION A portion of the north 180 feet of Tract 111 Golden Gate Estates Unit No.2, Plot Book 4, pages 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: LINE L133 L134 L135 L136 L137 NOTES: Commencing at the Northeast corner of Tract 111; thence S.00·28'32"E. along the East line of Tract 111 0 distance of 30.00 feet to its intersection with the South line of the 5TH AVE. N.W. right-of-way easement; thence S.89·31'28"W. along said South line, a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00·28'32"E., 0 distonce of 150.00 feet to its intersection with the South line of the North 180 feet of Tract 111; thence S.89·31 '28"W. along said South line, a distance of 5.00 feet; thence N.00·Z8'3Z''W., 0 distance of 150.00 feet to its intersection with the South line of the 5TH AVE. N.W. right-of-way easement; thence N.89·31'28"E. along said South line. a distance of 5.00 feet to the POINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres, more or less. 1. This is not 0 survey. PARŒL NO. .-.. ~ Ó Ii '0 o ~ ......, ~ It) (7) Ii Ù I L-I I LINE TABLE LENGTH 55.00 150.00 5.00 150.00 5.00 ) I (/) '" ~ / ON . CD o " 0", "N rri No. DC 22,2 05 39 87 ~ ~ Ó Ii .-J <: ~ u It) (7) a::: Ù l-.J BEARING SB9'31'28"W 500' 8'32"E S89'31'28"W NOO'28'32"W N89'31'28"E 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 4 N I 2& 50 1CO GRAPHIC SCALE TEMPCIRAR'f CONSTRUC'TIQN EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUC'T1ON) DAVID J. A. .S.M. (FOR THE FIRM) FLORIDA LlC. NO. 5834 q -;'3 -0) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 1- o PROJECT NO,: 65061 PARCEL NO. . 718 Wil.Millei·-·~W- -.....~.~.~.~_.~~ ~,'" ....""'.....-.-.TIIpo -.....IMo....·....__.__."'_.___ Sop 22, 2oa~ - 11:;'5:59 IoILOMUREIX:\SUR\NII01S\Sð1od100.dwS I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 09/2oo:J PROJECT NO.. N6015-005-0oo SKf:TCH &: DESCRIPTION --..- FIlE NO.: 2L-812 ?age ...3':L of....:u.. ------------------,- TRACT : @ i GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ ----------- 5TH AVE. N.W. ~----_._----- PARCEL NO. L87 ¡¡ 3i ó Ii .J <{ Z <{ Ü No. ~arc 22, Pag 40 I I r OJ en L8 ,....... 3i ó Ii '0 o ~ '-" ~ If) 0> Ii Ü z o q N OJ vi' N ~ (/) o q N CX!. VJ N. ~ t[) 0> 0; ü I LI ~ ----- -- ----- LINE L65 L85 L86 L87 LINE TABLE LENGTH 60.00 10.00 75.00 50.00 LEGAL DESCRIPTION A portion of the East 1/2 of Tract 110 together with a portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County. Florida, being more particularly described os follows: Beginning at Southeast corner of Tract 110; thence S.89·31'28"W. along the South line of Tract 110, a distance of 60.00 feet; thence N.00·28'32"W.. a distance of 330.00 feet to its intersection with the North line of Tract 110; thence N.89·31 '28"E. along said North line, 0 distance of 10.00 feet; thence N.00·2S'32"W., 0 distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 109: thence N.89·31'28"E. along said North line, a distance of 50.00 feet to its intersection with the Easterly line of Tract 109; thence S.00·28'32"E. along the East line of Tract 1 Og and Tract 110. a distance of 405.00 feet to the POINT OF BEGINNING. Containing 23,550.00 square feet or 0.5406 acres. more or less. q-17~{;-} (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJEor 110., 65061 P",,"D. 110. , 119 Wil.Millel-·~"- _.~.~......,.,..~_._~ ~,h: ......""......_._.r_ 3ØlMrlolo..... ,,..-_.- _.",_._-- SO) 17, 20QJ - 09'J1:~ MlAMURE1X:\SUR\N801~\9~1od100.dw9 --_....~-~ .'"'....""_'..~~.,-..-><"',,"."'L .B. BEARING S89'31'28'W NS9'31'2S"E NOO'28' 32"W N89'31'28"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, Eost Zone. 3. Subject to easements, reservations ond restrictions or record. 4. Eosements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginnin9· 7. P .O.C. represents Point of Commencement. S. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. rèpresents Utility Easement. FEE SIMPlE INTEREST ~ N .- I o 2&'0 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 8& DESCRIPTION 09/2003 PROJE:CT NO.: m.t NO.; N6015-005-000 2L -812 OC 05 87 -----------188-ÇI----r-----------_____~-^------------ (109) i EXHIBIT..ll- -- I ~:ss-:: of~ I L142 I I I I I I I I I I I I I I I I I I I I I I I I I I ¡ 60' RIGHT-OF-WAY EASEME:J ______1____- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT CD]) --- TRACT @ iJa:/j~ DAVID J. '1% TT, P. .M. (FOR THE FIRM) FLORIDA L C. NO. 5834 PJ -;z. j -0 J (DATE SIGNED) ----~_._-~ --~._-.".~--_._~_._.._---_._-_.._----_._- PARCEL NO. r r ~ LEGAL DESCRIPTION A portion of Tract 110 Golden Gate Estates Unit No.2, Plat Book 4, Page 75, Public Records of Callier County, Florida, being more particularly described as follows: Commencing at The Northeast corner of Tract 110; thence S.B9·31'28"W. along the North line of Tract 110, 0 distance of 60.00 feet to the POINT OF BEGINNING; thence S.00·28' 32"E., a distance of 300.00 feet to its intersection with the North line of the 5th AVE. N.W. right-of-way easement; thence S.89·31'28"W. along said North line, a distance of 5.00 feet; thence N.00·2B'32"W., 0 distance of 300.00 feet to its intersection with the North line of Tract 110; thence N.B9· 31 '28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,500.00 square feet or 0.0344 acres, more or less. ~ ::s L140 5TH AVE. N.W. -----JI 30' I -- LINE L138 l139 L140 L141 L142 NOTES: 1. This is not 0 survey. ì ........ 3i ~ a::: o o ..- ...,; LC') m Ii Ü I I LINE TABLE LENGTH 60.00 30D.00 5.00 300.00 5.00 No. 10C Marah 2,2005 Pa~ 41 of 87 I I II ::i ó ci -I « ~ u lO m a:: Ü ~ BEARING S89' 31 '28 "W SOO'28'32-E S89'31'28"W NOO'28'3Z"W N89'3,'Z8"E 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. B. O.R. represents Official Records. . 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. T'EIFOAARY' CON8TRUCT1ON EASEMINI' (OURATtON: 3 YEARS FROM COMMINCEMENT OF CONSTRUCT1ON) + N ~ o %5 50 100 GRAPHI C SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO., 65061 PARCEL NO. , 719 WiI.MiIIB¡-·~~- -'EqNn.B:aro¡II/O.~.~_.~-. ~~ ....,.........ø -=-~,.;."'='--~:t-. _ __ 09/2ooJ Sop 22. 2003 - 11:38:58 IotlAMUREIX:\SUR\NII015\951IdlOO.dwg i ' 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PROJECT NO.: N6015-oo5-000 SKETCH & DESCRIPTION .~ - -~--_._---- ALE NO.: 2L-812 -- ------.--- TRACT @ EXHIBIT -1.L .....Jf.a- ot".U.. GOLDEN GATE ESTATES UNIT NO. 2 TRACT P.B. 4, PAGE 75 ----------~~~------------------------ ------------ --------------------,---- I I I I I I I I I I I I I TRACT @ LEGAL OESCRIPTIOti A portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No.2, Plot Book 4, Page 75. of :he Public Records of Collier County. Florida, being more particularly described as follows: Commencing at the Southeast carner of Tract 109; thence 5.89·31'28·W. along the 50uth line of Tract 109, 0 distance of 50.00 feet to the POINT OF BEGINNING; thence continue S.89·31 '28"W. along said line, 0 distance of 5.00 feet; thence N.00·28'32"W., 0 distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 109; thence N.89·31'28"E. along said North line, 0 distance of 5.00 feet; thence 5.00·28'32"E., a distance of 75.00 feet to the POINT OF BEGINNING. Containing 375.00 square feet or 0.0086 acres, more or less. s ~ ..,. ..,. U1 -...J L143 L144b LINE L143 L144 L145 L146 L147 NOTES: PARCEL NO. ~7tq A ~ 3: q OC "'0 o ,... - h M~t~ q OC ..-I <: Z <: ü ...... II) m ;ñ ex: I m u tJ ~ LINE TABLE LENGTH 50.00 5.00 75.00 5.00 75.00 BEARING S89'31'28"W S89'31 '28"W NOO'28'32"W N89'31 '28"E SOO'28' 32"E 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W. Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless othe rwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official· Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY CONSTRUCT1OH EAIIÐPIT (DURATION: 3 YEARS fROM COMMENCEMENT OF ~ q - J.' -0, (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #'+3 65061 PAACÐ. NO. , 719A Wil.Milltiï-·~- _.~.~.~.~--.~-* ~,h:. Npr' ""'.... ' _ . _. r... .....LA..... ._--.--,"'-. --- Sep 22, 2003 - , 1:38:M t.1~URE\X:\SUR\H8D1~\g~hd'DD.d"g PROJECT NO.: + N I I 2DO ~- o ~ &I 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 09/2003 PAOJECT NO.: N6075-oo5-GOO SK£TCH & DESCRIPTION nt£ NO.: 2L -812 _...~_.-~.~----_.-----~---- No. 22, 42 DC 05 87 EXHIBIT . Page.:r2- of~DEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 ....... ~ q œ: '0 o TRACT @ - '-" -------------------r I I I , I I I I I I I I I II') æ ci ¡j ~ LINE L71 L72 L73 L74 LINE TABLE LENGTH 50,00 75,00 50.00 75.00 BEARING S89'3,'28"W NOO'28'32"W N89'31 '28"E SOO'28'32"E LEGAL DESCRIPTION A portion of the North 75 feet of the South 150 feet of Tract 109 Golden Gate Estates Unit No.2. Plot Book 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: PARCEL NO. I d. J h 3i Ó Ii No. OC Match 22, 2 05 Pag 43 0 87 <ï! z 0« U - II') æ I I ci ¡j ~ , . This is not a survey. 2. Basis of bearing is the West line of County Road 951 (c.R. 951) being N 00'28'32" W. Florida State Plone Coordinates NAD 83/90, East Zone. Commencing at the Northeast corner of Tract 109; thence S.00·28'32"E. along the Easterly line of Tract 109, a distance of 180.00 feet to the Northeast corner of the South 150 feet of Tract 109 and the POINT OF BEGINNING; thence S.00·28'32"E. along the East line of Tract 109, 0 distance of 75.00 feet to its intersection with the South line of the North 75 feet of the South 150 feet of Tract 109; thence S.89·31'28''W. along said South line a distance of 50.00 feet; thence N.00·28'32"W., a distance of 75.00 feet to its intersection with the North line of the South 150 feet of Tract 109; thence N.89·31'28"E. along said North line, a distance of 50.00 feet to the POINT OF BEGINNING. Containing 3,750.00 square feet or 0.0861 acres, more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.L represents Utility Easement. + N ~ D 26 ISO '00 GRAPHIC SCAlE FEE SIIFl.E fNTEREST 0/-/7-03 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 P"""CT NO.. 55051 PARCEL NO. . 121 Wil.Miller··~uo- --. ~. &oqIII .......,.... LondIoIIoIo_ . TI'1nporioIbn~ MIorØr, h> .... Art.,., _. _, roo,. ........IMo....___ .__.",_. ___ Sop 17, 2003 - all:31:S<! MlAMURE!X:\SUR\N501e\lIe1od10o.dwll COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION 09/20fJ.J PROJECT NO.: N6015-005 000 -----. I 200 nL.l NO.: 2L -812 u:; ci I 0'> U Lj~ __.___._.,__~___ ~._.___~__~____. _____n__ pARCEL NO. '7;J J J TRAC":T @ EXtlBlT -1L Pege~ of-2,3. GOLDEN GATE ESTATES UNIT NO. 2 TRACT P.B. 4, PAGE 75 ----------~~~-------------------------- --- :s: ó ci '0 o ~ ......., L152 ----- --- r ~ U1 --------------------,--------- I I I I I I TRACT @ LINE TABLE LENGTH 75.00 50.00 5.00 75.00 5.00 75.00 LEGAL DESCRIPTION A portion of the North 75 feet of the South 150 feet of Tract 109 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: LINE l148 L149 L150 L151 L152 l153 Commencing at the Southeast corner of Tract 109; thence N.00·28'32"W. along the East line of Tract 1 09, a distance of 75.00 feet; thence S.89·3,'Z8"W. along the South line of the North 75 feet of the Sauth 150 feet of Tract 109, a distance of 50.00 feet to the POINT OF BEGINNING; thence continue S.89·31'Z8'W. along said line, a distance of 5.00 feet; thence N.00·ZB·32"W.. a distance of 75.00 feet to its intersection with the North line of the South 150 feet of Tract 1 09; thence N.89·31'Z8"E. along said North line, 0 distonce of 5.00 feet; thence S.00'Z8'32"E., 0 distance of 75.DO feet to the POINT OF BEGINNING. Containing 375.00 square feet or 0.00B6 ccres, more or less. NOTES: 1. This is not a survey. h ó ci -I <: Z <: () No. Ma~c 22, pr 44 I I lC') m BEARING NOO'28'32'W SB9'31'ZB'W S89'31'28"W NOO'2B'32"W NS9'31'2S"E SOO'ZS'32"E 2. Bosis of bearing is the West line of County Road 951 (C.R. 951) being N Ocr28'3Z" W, Florida Stote Plane Coordinates NAD 83/90, Eost Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. ROW represents Right-of-Way. P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. 5. 6. 7. B. 9. 10. TEMPORAR\' CONSTRUCT1ON EASEMENT (DURATION; 3 YEARS FROM COMMENCEMENT OF CONSTR\JC'I1ON) + N C¡ - f- 3 "0 ? (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~ o 2' 50 100 GRAPHIC SCALE 6506 PARCEl. NO. , 72 Wil."'iller-·~~~ -..... __. £coIoPoOI......,.,.. ~- . -- ""'"'** ~,tIC. """'.I\01......._._·r_ ZIl"'"''''''''''8III'___'__''''~'___ Sop 22. zao3 - ":3e:"" IoIlAhIUREIX:\SUR\NeO'~\ge,.d'oo.dwg COLUER COUNTY DEPARTMENT or TRANSPORTATION PROJEC1 NO.: SKETCH & DESCRIPTION 09/200:1 PROJECT NO.: N6075-005-000 ~-~-----~ ,~,"¡'''i.'.''¡';';;¡-oHiA"""",,,"''_'-'"''''''~';;-'"''''''' 200 F1LE NO.: 2L-812 OC 05 87 PARCEL NO. I,):J EXHIBIT A BOLDEN GATE ESTATES Page~ of...2.3... UNIT NO.2 P.B. 4, PAGE 75 P.O.B. TRACT ----------------ÇJ~~-------- o q N OJ vi N , :::;: ò o ..... '-' OJ o o ______________C?. 10 en ri U ~ I I L98 -------------------,- I I I I I I I I I I I I I I I I I I I ------------------------------ LEGAL DESCRIPTION A portion of the North 160 feet of Tract 109 Golden Gate Estates Unit No.2. Plat Book 4, Pages 75-76, of the Public records of Collier County, Florida, being more particularly described as follows: LINE L98 L99 NOTES: 1. This is not a survey. h ~ Ó ri No. OC March 2, 2 05 Pag 45 0 87 ~ ð 10 en ri U ~ BEARING S89'31'28"w N89'31'28"E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. Beginning at the Northeast corner of Tract 109; thence S.00·26'32"E. along the East line of Tract 1 09, a distance of 180.00 feet to its intersection with the North line of the South 150 feet of Tract 109; thence S.89·31'28"W. along said South line, 0 distance of 55.00 feet; thence N.00·28'32"W., a distance of 180.00 feet to its intersection with the North line of Tract 109; thence N.89·31 '28"E. along said North line, a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9.900.00 square feet or 0.2273 acres, more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-ot-Woy. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE 8IiR.E INTEREST q-/} c?3 (DATE SIGNEO) + N NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFiCATE OF AUTHORIZATION LB #43 ~- 025150 100 GRAPHIC SCALE I ~oo PROJECT NO.: 65061 PARCEl. NO. : 122 WiI.Mille¡-·~U.- -.s-..EooOaIIIO .....,.,..~_. ~ea.-. ~t>o. l1li....."""...... .....:~....~.=-. ___ Sop 18, 2003 - 10:04:08 IoIlAMURE\X:\SUR\NIIOIS\ISIldlOO.d"1l COLUER COUNTY DEPAR7M£NT OF TRANSPORTA170N SKE:TCH &: D£SCRIP170N 09/2003 PROJECT NO.: N6075-oo5-000 --------- -- -------.".-. '--...-_~"~.-~ F1LE NO.: 2L-812 - - -------------..----- TRACT EXHIBIT@ Pa () GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 L 158, ~ r 1I1 1I1 -...J 1I1 TRACT ~ ~ \..2V ~ ------ _________________________________________ L156 --------------------,-------------------------------- I I I I I I I I I I I I I TRACT @ pARCEL MOJ ,f.:2 No. OC Mgr 22, 05 Pa e 46 87 h ó ,..... Ii ~ <t 0 Ii ~ "0 u 0 ...- ...- LO ......, 0> ;¡:; Ii I 0> c3 Ljy LEGAL DESCRIPTION A portion of the North 180 feet of Tract 109 Golden Gate Estates Unit No.2, Plot Book 4. Poge 75, of the Public Records of Collier County, Florida. being more particularly described as follows: LINE L154 L 155 L156 L157 L15B LINE TABLE LENGTH 55.00 180.00 5.00 180.00 5.00 BEARING S89'31'2B"W SOO'2B'32"E S89'31'28"W NOO'2B'32"W NB9' 31'28"E Commencing at the Northeast corner of Tract 109; thence S,B9'31 '2B"W. along the North line of Tract 1 09. a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00·28'32"E., a distance of IBO.OO feet to its intersection with the South line of the North 180 feet of Tract 109; thence S.B9·31'28"W. along said South line, a distance of 5.00 feet; thence N.00"2B'32"W., a distance of 1 BO.OO feet to its intersection with the North line of Troct 109: thence N.B9·31'2B"E. along soid North line, 0 distonce of 5.00 feet to the POINT OF BEGINNING. Containing 900.00 square feet or 0.0207 acres, more or les5. NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00"2B'32" W, Florida Stote Plone Coordinates NAD B3/90, Eost Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C, represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. , O. U.E. represents Utility Easement. TEMPORARY CONSTRUCT1ON EASEMENT (DURATION: 3 Yt:ARS FROM i':;QMMENCEMENT OF CONSTRUCT1ON) .S.M. (FOR THE FIRM) 5B34 1-;).)-D7 (DATE SIGNED) 4 N I I zoo NOT VAUD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~ o 2' 50 100 GRAPHIC SCALE PROJECT NO.; COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 65061 .",",EL HO. , 722 Wil.lliller··~w- """'&rÞ->' fi:oIoIIIoIo'-'-' .~_. n--.~ ~,tIc -Mr'""....III.,..::~,;.. ..=..:::';;;=.ø, --- Sop 1a. 2003 - 14:06:1' fo~UREX:\SUR\N601:!\85'odloo.d"'l 09/200J PROJECT NO.: N60 1 5-005-000 SKETCH 4l DESCRIPTION f1LL NO.: 2L-B12 ___._n__···_ -----.- ---'--------..- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT _ --------------CLQ§5----------------- LEGAL DESCRIPTION A portion of the South , /2 of Tract 'OB Golden Gate Estates Unit NO.2, Plot Book 4, Page 75-76. of the Public Records of Collier County. Florida, being more particularly desdcribed os follows: Beginning at the Southeast corner of Tract , DB; Thence S.B9·31 '2B"W. along the South line of said Tract , DB, 0 distance of 55.00 feet; Thence N.OO"2B'3Z"W., 0 distance of , 65.00 feet to its intersection with the North line of the South , /2 of said Tract 10B; Thence N.BS·3' '2B"E. along said North line, o distance of 55.00 feet to it's intersection with the Easterly line of Tract 1 08; Thence S.00·2B'32"E. along the East line of said Tract 1 OB, 0 distance of 165.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. LINE U6 L37 U8 9-(7-03 (DATE SIGNED) NOT VAliD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PIIOJECT NO.' 65061 PARCEL HO. , 123 Wi_MiIIBrk'~~- _.~"--.-..-..~_.~-- MIcri4Ir, tic ....IIIt......_._.ftIIII .....,...........--.--.""-.--- PARCEL NO. j.J~ No. DC Marc 22, 005 Pa 47 f 87 ;¡ ~ ........ q ~ It: Ó ~ ti '0 0 ..- .... LO ......, en L36 LO ti en Ò l1~ c; CXJ (J o q N CXJ e"j N = fT1 NOTES: 1 . This is not 0 survey. 2. Basis of bearing is the West line of County Road 95' (C.R. 951) being N 00'2B'32" W, Florida State Plane Coordinates NAD B3(90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easement. shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. repre.ents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE TABLE LENGTH 55.00 55.00 , 65.00 4 N BEARING NB9'31 '28"E SBS'31'ZB"W NOO'2B'3 "W FEf saaFLE INTEREST ~- o 2& 150 '00 GRAPHIC SCALE I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORT AnON SKETCH & D£SCRIPnON 09/200:1 PRG.IECT NO.: FILL NO.: N6015-005-OOO 2L-812 --~--- PARCEL NO.7;) i OC 005 87 TRACT @ ,-.. ~ ó ci "0 o .- -.J GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 --------- TRACT -~~------------ _________________116£--- ~ ~- It) a> c: ~ a> () VJ a::: Ü L-: L159 L160 .O.B. TRACT @ LEGAL DESCRIPTION A portion of the South 1/2 of Tract 108 Golden Gate Estates Unit No.2. Plat Book 4. Pages 75-76. of the Public Records of Collier County. Florida. being more particularly described as follows: LINE L159 l160 L161 l162 l163 LINE TABLE LENGTH 55.00 5.00 165.00 5.00 165.00 NOTES: I ~ ~ Ó 0:: ...J < Z < Ü No. Matc 22, P~g 48 I .- It) a> ~ Ü ~¡ 1 BEARING S89' 31 '28"W S89'31'28'W NOO'28'32'W N89'31'2B"E SOO'28'32"E 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'2B'32" W. Florida State Plane Coordinates NAO 83/90. East Zone. Commencing at the Southeast corner of Tract 108; thence S.B9·31'28"W. along the South line of Tract 1 OB. a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S.89'31 '28"W. along said line, a distance of 5.00 feet; thence N.00·28'32"W., a d',stance of 165.00 feet to its intersection with the North line of the South 1/2 of Tract lOB; thence N.89'31·28"E. along said North line, 0 distance of 5.00 feet; thence S.00'28·32"E., 0 distance of 165.00 feet to the POINT OF BEGINNING. Cantaini.~g B25.00 square feet or 0.0189 acres, more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. . 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. g. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARV CQN8TRIJCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) + W- I ~ ~2 '3-0., (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIOA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 .. o 25 50 100 GRAPHIC SCALE 65061 PARCD. NO. , 723 WiI.M;llel-·~""~ _.~,&oIagIItI,_.~-,~~ ~trc. ...""....._._.- ...,,......_-_.- _.",,_. --- s.p 22. 2003 - 11:36:iII Mw.fJREþ(:\SUR\N6016\i61adl00.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PROJECT NO.: SKETCH ðc DESCRIPTION 09/200J PROJECT NO.: N60 75-005-000 I 200 F1LE NO.: 2L-812 "¡¡~-~""-,,,,",.,",,, EXHISlrL Page.1..L of-2.1. GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4. PAGE 75 pARCELNO. i(}Lf No OC Mar 22, 005 Pa e 49 f 87 ;¡ 3i Ó Ii ~ z « '0 u 0 .... lC') '-" 0) .... lC') a¡ ~ u ~ I ~ ~ I (]) (J1 TRACT 0 __ _ ______________________________________0 - -- ~ - LEGAL DESCRIPTION A portion of the North 1/2 of Tract 10B, Golden Gate Estates Unit No.2, Plot Book 4, page 75-76, of the Public Records of Collier County, Florida. being more particularly described os follows: LEGAL DESCRIPTION Beginning at the Northeast corner of said Tract 108; thence S.00·28'32"E. along the East line of said Tract 1 08, 0 distance of 165.00 feet; thence S.89·31 '28"W. along the South line of the North 1/2 of said Tract 1 OB, 0 distance of 55.00 feet; thence N.00"28'32"W., 0 distance of 165.00 feet to its intersection with the north line of Tract 1 08; thence N.89·31 ·28"E. along said North line, 0 distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L34 L35 BEARING N89' 31'28" S89'31'28"W 'lon-oJ FEe SIMPLE INTEREST (OATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB H43 PROJECT NO" 65061 P/oIICE!. NO. , 124 WiI.Miller·-·~uw- _.e"Nn.~.____.~_.~~ MøØer, tic. ."... ""'.....-. _. r.,. IIII.,,..UO..·....__·__·~_·___ 4 N ~ o U 150 'DO GRAPHIC SCALE I . zoo COLLIER COUNTY DEPARTMENT OF TRANSPORTATION. 0I1/2GOJ PRGJECf NO.: N60'S-QOS-OOO SKf:TCH de DESCRIPTION f'1t.f; NO.: 2L B 12 .~.-..- ----,--.----.--..--- TRACT @ EXHIBIT A Page~ 01-1.3. _.~--_._- pARCEL NO. No. DC 22, 05 50 87 L168 c:: !: 0> 0> -...J (J1 -------- TRACT --~§~---------------------------- L166 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ LEGAL DESCRIPTION A portion of the North 1/2 of Tract 108 Golden Gote Estates Unit No.2. Plot Book 4, Pages 75-76. of the Public Records of Collier County, Florida. being more particularly described as follows: LINE 1164 1165 L166 L167 L168 Commencing at the Northeast corner of Tract 108; thence S.89'31 '28"W. along the North line of Tract 1 08. 0 distance of 55.00 feet to the POINT OF BEGINNING; thence S.00·26·32"E" 0 distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 1 06; thence S.69·31·28"W. along said South line, 0 distance of 5,00 feet; thence N.00·26'32"W., 0 distance of 165.00 feet to its intersection with the North line Df TrDct 108; thence N.89·31 '28"E. olong said NDrth line. a distance Df 5.00 feet to the POINT OF BEGINNING. Containing 625.00 square feet or 0.0189 ocres. more or less. NOTES: 1. This is not a survey. ;¡ ~ q 0 Q:: ~ ...J q 4: Q:: Z <: "0 0 0 .... LO '-" 0> .... ~ LO 0> 0 y~ LINE TABLE LENGTH 55.00 165.00 5.00 165.00 5.00 BEARING S89'31 '28''W SOO'28'32"E S89'31 '26"W NOO'28'32"W NB9'31'26"E 2. Basis of bearin9 is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to eosements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless Dtherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 6. O.R. represents Official Records. 9. l.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY' CONSTRlJCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUC11ON) 4 N I 25 50 100 GRAPHIC SCALE q-;)?rD} (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 '.- o zoo PROJECT NO.: COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 65061 PAA<:!J. NO. , 724 Wil.Mille'··~U.- -'.s-. .EooIoWII.....,..... ~_.__~ -....,., b:. ...Ro1....._._·r_ JII....,~....IXI·___·__·Fot_·___ Sop 22, 2003 - ":38:~8 I.I\.N.IURE1x:\SUR\N15O,~\g5'od'00.dwg 09/2003 PROJECT NO.: N6015-005-000 SKETCH & DESC~PTION flU NO.: 2L-812 -.- - ...-.--._.-~- ----~ EXHIBITj Page.!L£of-2,i PARCEL NO. OC 05 87 ;J. ~_J¿g·..?J~~.r~ o .0 l 100.09' ~ ~ ~~ P.O.C. $ S P.O.B. I CJJ I hi o I Ii I .------------------------------------------ RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, ond being 0 portion of those londs described in OR. Book 2107, Page 1174, of the Official Records of Collier County. Florida, being more particularly described as follows: Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N.89·51'33"W. along the North line of the Southeast 1/4 of said Section 34, o distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02'16·01"E. along said right-of-way line, a distance of 1.004.15 feet to the POINT OF BEGINNING; thence continue S.02·16·01"E. along said line, a distance of 334.72 feet to its intersection with the South line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence N.89·49'11"W. along said South line, a distance of 64.05 feet; thence N.02'16'01 "W., o distance of 334.71 feet to its intersection with the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence S.89·49'47"E. along said North line, a distance af 64.06 feet to the POINT OF BEGINNING. Contoining 21,422.33 square feet or 0.4918 acres. more or less. r¡-JP¡~O) (DATE SIGNED) NOT VALID WITHOUT TI1£ SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MÁPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO. , 1 J 1 WiI.MiIIB¡··~W- _.~.Ec%Ior'BOnIa'r./.MIaIIoIIo_.~~ ~,ho. -..........-.-.!IoII -_t.o.".,....__.__.""_. ___ Sop 23, 2003 - 10:58:42 IlWotuRElX:\SUR\Neo1 e\Ve1.d100.dw< z o ~ ,-... ~ 3i ~ Ó Ii 0'> 6'0 o ,.,;~ ...... .0 0'> ~ ~ U (".¡.o I ~ ~W~ LINE L169 L170 NOTES: 1. This is nat a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01· E. Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements. reservations and restrictions or recard. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPLE INTEREST ~ N I 2' 150 '00 GRAPHIC SCALE I 200 1- o COLLIER COUNTY DEPARTMENT OF TRAN$PORTATlON SK£TCH '" DESCRIPTION 09/2003 PRo.ÆCT NO.: N6075-005-oo0 F11.E NO.: 2L-812 .-~'--_.. w ~~ª~'~J~3_,r õ ~ l 100.09' le!' ___....::0. :-~~ NO \ O~ VI 1 L175 Ll PARCEL NO....:u.L EXHIBIT ..A. p....:IJL 01..2.3. RICHARD D. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Sautheast 1/4 of Section 3'-, Township 48 South. Range 26 East, end being a portion of those lands described in O.R. Book 2107. Page 1174, of the Official Records of Collier County, Florida, being mare particularly described as follows: Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N.89'51 'J3"W. along the North line of the South 1 / 4 af said Section 34, 0 distance af 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02'16'01"E. along said right-at-way line, 0 distance of 1,004.15 feet to its intersection with the North lice of South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence N.89·49'47"W. along said Narth line, a distance of 64.06 feet to the POINT OF BEGINNING; thence S.02'16'OI"E, 0 distance of 279.71 feet; thence N.89'49'11"W., a distance af 5.00 feet; thence N.02'16'OI"W., a distance of 279.71 feet to its intersection with the North line of the South 1/2 af the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S.89'49'41'E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1398.49 square feet or 0.0321 acres. more or less. ßwilft DAVID J. HYjÍ,TT, . .M. (FOR THE FIRM) FLORIDA ué. NO. 5834 3 ''7 -tJ? (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 REVISED PER COUNTY COMMENTS 03/07/05 REVISED PER COUNTY COMMENTS 03/04/05 PROJECT NO.' 65061 P.RCEL NO. 7 J 1 Wil."illeiw,,,,,,,-,=,, ~s F~ EroIogIsJ" ~.r.MI15œpf1Archiæcrs ~IImCorJ$!.I1ta'n WilsonMiJ/er. jnc ,.., FarAlrn~ SinsoII .h::9!Ia) ~ J2f1)B"r~ø.SaWm ___I'b1:I;¡¿''<1f!S.6R;7·ftJII2JØ-Ø4~ ¡u¡'J9-~lð ~.s.J~""",,_~.,;(I!?r Iofor 24, 2004 - lJ:06:44 IoU"oJoIUREIX\SuR\N601S\95,.o,aO,Ow9 C r -..,J .¡:. -..,J N L173 LINE L 171 1172 1173 1174 L175 LINE TABLE LENGTH 64.06 279.71 5.00 279.71 5.00 NOTES; 1. Thìs is not 0 survey. ,.-.. ~ ~ a:: " o ~ '-' n o \ a:: I ....J 4: Z 4: () <0 (7) <0 a> ~ U 0::: U ~ BEARING N89'49'47"W S02'16'01"E NB9'49'11"W N02'16'01"W S89'49'47"E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to eosements, reservations and restrictions or record. 4. Easements shown herean are per plot, unless otherwise noted. + N lJ"Æ o 25 ~ IQO GRAPHIC SCALE I 200 5. ROW represents Right-of-Way. 6. P.O.B. represents Point at Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. _.B.E. represents Landscape Buffer Easement. ~epresents Utility Easement. CONSTRUCTION EASEMENT (DURAT1ON: 3 YEARS FROM CXMENœMENT OF CONSTRUCTION) COlliER COUN1Y DEPARTMENT OF TRANSPORTATION OJ/2oo5 PROJ£CT NO; N60/5-005-000 SKETCH & DESCRIPTION ruL NO.: 2L-B12 EXHIBIT ...6.. PagI.!£L. of.1i PARca NO. '13' ._--------------------------------------------------~ I I RICHARO O. AND FRANCIS A. CRAIG O.R. BOOK 2107, PAGE 1174 Agenda Item M~rch Ffage I I --- ~ o a:: h o \ 0:: I ...J « z « ü o o .- '-" If) CT> .- If) CT> I 0::; ü ~~ ------------------------------------ LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34. Township 48 South, Range 26 East, and being a partian of those lands described in O.R. Baok 2107, Page 1174, of the Official Records of Collier County, Florida, being more particularly described as follows: LINE L295 L296 L297 L298 LINE TABLE LENGTH 83.89 55.00 83.89 55.00 Commencing the Southeast corner of the Northeast quarter of the Southeast Quarter of said Section 34 NOTES: Thence North 89'49'11" West along south line of the northeast quarter of the southeast quarter of said Section 34 a distance of 100,09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard) thence continue along said south line North 89'49'11' West 64.06 feet to the POINT OF BEGINNING; Thence continue along said south line North 89'49'11" West 83.89 feet; Thence leaving said south line North 02'16'01" West 55.00 feet: Thence South 89'49' 11" East 83.89 feet; Thence South 02'16'01" East 55.00 feet to the POINT OF BEGINNING. 1 . This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02"16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.£. represents Landscape Buffer Easement. 10. U.E. represents utility Easement. Containing 0.1058 acres or 4,610.05 square feet. more or less. Subject to easements and restrictions of record. + 1\1' [ 25 ~ 100 GRAPHIC SCALE Exclusive Access, Parking and Utility Easement 3-07-{}fj (DATE SIGNED) NOT VAliD WITtiOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA liCENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB ~43 ~- o UPDATED PER COUNTY COMMENTS 03/07/05 UPDATED PARCEL NUMBER ° 1/05 65061 PIoIICEl NO. , 9J1 Wi,."i"e¡···---- PIøIn ~ &a/O¡IIP ~'!MIdIaI¡o- ~~ MaonMIIIer, Inc, -""""".--- .1IIJ....Ln,....1tI> -._¥tfHi!ToII"'_ F.13HIUl1t __,-... P'II!OJECT NO.: I 200 COW~R COUNTY DëPARTMrNT OF TfW./SPORTATION SKETCH a OESCRIPT10N 09/200.1 PROJECT NO.: N60/5-005-000 Mo' 24, 7004 ',3;06.44 MtA¡.JUR[iX'\';l.'R\t-.;60',5\95Isc100dwlj ,.,---"'~- l........,,_.___ FtU NO.: 2L-812 -L214-L h II ;:: ó I ci EXHIBIT A Page!iL of....2i.. ---------------------------------------- ..-- ~ ò ci CON PROPERTIES O.R. BOOK 3004, PAGE o o PARCEL NO. F.;;J. OC 05 87 \ \ .....J « ~ u \ ~ 10 (j> r 660 ~ ~ ~- I m; \ U ~ I \ r ~ !'oJ ~ LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South. Range 26 East, and being a portion of those londs described in O.R, Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: Commencing at the Eost 1/4 corner of Section 34, Township 48 South. Range 26 East; thence N.89'S1'33"W. along the North line of the Southeast 1/4 of Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02'15'01"E. along said right-of-way line, 0 distance of 659.43 feet to the POINT OF BEGINNING; thence continue S.02·15'01"E. along said line, a distance of 334.72 feet to its ir1tersection with the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'49'47"W. along said South line, a distance of 60.05 feet; thence N.02'16·01 "W., a distonce of 334.71 feet to its intersection with the North line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S.89'50'22"E. along said North line. 0 distance of 60.05 feet to the POINT OF BEGINNING. Containing 20,081.46 square feet or 0.4610 ocres. more or less. LINE TABLE LENGTH 100.09 669.43 334.72 SO. 05 334.71 60.05 LINE L214 L215 L216 L217 L218 L219 NOTES: BEARING N89'51'33"W S02'16'01"E S02'1S'01"E N89'49' 47"W N02'16'01"W S89'50'22"E 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being 5 02'16'01" E, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservotions and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Woy. S. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPlE INTEREST 4 3M I 00 100 GRAPHIC SCALE DAVID 'J. f- ,P.. (FOR THE FIRM) FLORIDA LI .' NO. 5834 l7 -;..0/ -03 ' (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 'J- o .. , 200 PROJECT NO.: COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 6506 .",eEL NO. , J2 WiI.Miller···~~- _.-..~.....,..... ~- .--~ wroonwror, h:. 1II!*'./irf....._._.1.,. .....,.......ø ___..... _.,. -.vii' --- Sop 24, 2003 - '4:H:œ ..WoIURE1X:\SUR\Hð01~\9~hdl00.dw9 SKETCH & DESCRIPTION 09/2ooJ PROJECT NO.: N60 15-005-000 -----~ nLE NO.: 2L -812 I I --:~:~~:"~:::~-------------------------------L224----j A portion of the North 1 /2 of the South 1 /2 of the Northeast '/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 3004. page 660. of the Official Records of Collier County, Florida, being more particularly described as follows: EXHIBrT ,A Page..!:fL of..2l. CDN PROPERTIES O.R. BOOK 3004, PAGE 660 Commencing at the East '/4 corner ot Section 34, Township 48 South, Range 26 East; thence N.89'5"33"W. along the North line of the Southeast 1 /4 of Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02·16'01"E. along said right-at-way line, a distance of 669.43 feet to its intersection with the North line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89·50'22"W. along soid North line, a distance of 60.05 feet to the POINT OF BEGINNING; thence S.02"16·01"E., 0 distance of 334.71 feet to its intersection with the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89·49·47"W. along said South line, 0 distance ot 5.00 feet; thence N.02·16'01'W., 0 distance of 334.71 teet to its intersection with the North line of the North '/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S.89·50'22"E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,672.04 square feet or 0.0384 acres, more or less. PARCEL NO. r N N .... L220 hi \ 3i I Ò I ci -I « ~ ü r r N N N N C.1' tH ---- 3i ò ci '0 o I U') I ; \ LJ L--i I I ~ '-' U') en ci LINE L220 L221 L222 L223 L224 L225 L226 LINE TABLE LENGTH 100.09 669,43 60.05 334.71 5.00 334.71 5.00 BEARING N89'51 '33'W S02'16'01 "E N89'50'22"W S02'16'01 "E N89'49'47"W N02'16'01 "W S89'50'22"E NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U,E. represents Utility Easement. + N ~ D 2S 50 100 GRAPHIC SCALE TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMeNT OF CONSTRUCT1ON) P¡-,?ßf-C-'3 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La #43 PROJECT NO.: 65061 PARCD. NO. , 732 Wil.Mille¡··~~- -.'~'.............,.,., "--, ~~ 1IttonIIIr. he. .._~..... ._=-=r.'....~.=-,_ __ 09/200J :so" 2S. 2003 - IS:03:09 MI.,Q,IUREþ(:\SUR\NIIO'S\DShdIOO.dwv I ... COLUER COUNTY DEPARTMENT OF TRANSPORTATION SK£TCH de D~CRIPTlON PROJECT NO.: N6015-005-000 F'lL£ NO.: 2L-812 PARCEL MO.j ~ ~ À- No. OC Mar 22, 05 Pa e 56 87 L231 1/4~ --- N°EXHíB~TEÆOUTHEAST Page SO of..2.:i. I I n a:: \ ....J <C( \ ~ ·0 u 0 ~ 10 '--' a> CON PROPERTIES O.R. BOOK 3004, PAGE 660 10 ci. ;~~ LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 3004, page 650, of the Official Records of Collier County, Florida, being more particularly described os follows: --------------------------------- L229 Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'51'33"W. alang the North line of the Southeast 1/4 af Section 34, a distonce of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard) and the POINT OF BEGINNING; thence S.02·16'01"E. along said Westerly line, a distance of 669.43 feet to its intersection with the South line of the North 1/2 of the Northeast 1 /4 of the Southeast 1/4 of Section 34; thence N.89'50'22"W. along said South line, a distance of 60.05 feet; thence N.02·16'01"W., a distance of 669.41 feet to it intersection with the North line of the Southeast 1 / 4 of Section 34; thence S.89'S1' 33"E. along said North line, a distance of 60.05 feet to the POINT OF BEGINNING. Containing 40.162.62 square feet or 0.922CFEE SIMPlE acres, more or less. INTEREST NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02"16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U. E. represents Utility Easement. LINE TABLE + ß LINE LENGTH BEARING l L227 100.09 N89'S1 '33"w L228 669.43 S02"16'01"E L229 60.05 N89'SO'22"w L230 669.41 N02'1 6'0 1"W '1 - dJ1c-CiJ (DATE SIGNED) L231 60.05 S89'51'33"E N NOT VALID WITHOUT THE SIGNATURE AND THE '..- I I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 0 25 "" 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 65061 PMCt!. HO. , 133 A WiI.Mille'·~-~u.-- ..........' e.--.. Eo%gWI' ano,ø.. ~_. ~~ ~ho. ,...""......._._·1_ ",_""",,,,_--,--'1'01_'--- Sop ~, 2003 - 1~:OJ:09 ~URElX:\SUR\NBO,~\g~l.d'OO.dwg PROJECT NO.: SKETCH &: DESCRIPTION Fll£ NO.: 2L-812 P1I:o.J!CT NO.: N50 75-005-000 09/200;] -------~--. _,w;;..._>J1'__"~"'__.".'''''''''"''''''"''" - ._----_._~_._-_..,--- '-'--"'--~----'----------'-"- .--- EXHIBIT -Å- ......sl- of..2.3. NOTES: 1 . This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02" 16'01" E, Florida State Plane Coordinates NAO 8.3/90, East Zone. .3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.S. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O,R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section .34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described os follows: Commencing at the Eost 1/4 Corner of Section 34, Township 48 South. Range 26 East; thence N.89·51 '.3.3"W. along the North line of the Southeast 1 /4 of Section .34, 0 distance of 160.14 feet to the POINT OF BEGINNING; thence N.89'51'.3.3"W. along said North line, 0 distance of 540.48 feet: thence S.02'16'01"E., 0 distance of 80.07 teet to its intersection with 0 line lying 80.00 feet Southerly of when measured ot right angles to the North line of the Southeast 1/4 of Section .34; thence S.89·51 '.33" E. along said line. a distance of 540.48 feet to its intersection with 0 line lying 160.00 feet Westerly of when measured at right angles to the East line of the Southeast 1/4 of Section .34; thence N.02·16'OI"W, along said line, 0 distance of 80.07 feet to the POINT OF BEGINNING. Containing 4.32.38.25 square feet or 0.9926 acres. more or less. FEE SIMPLE INTEREST ,ß~ ¡;;t DAVID J. HYATT;;" P.SM. (FOR THE FIRM) FLORIDA lIC. .NO. 5834 j-7-C)1j (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: PARCEL NO. : 65061 IJJB Wil.MiIIB¡~ PI~ Û1gi'MJMI E~ StIt\lØ)'OOl·~,4,n::t\iùJd5 ifanspafnlfMConSllltllntt WilsonMi/ler, Inc. ,..,. ~1Iyn. SøsaI ·/hI;,,*,! _ J2OO&lilfrLn,StArt2rD .....Rødl34'lU6I77·",.,,.2J9.j4i-<104O ~~23f."'Ul!8 ~.I'IfW;ØD"'.tQ!I Mar 24. 2004 - 13:06:>1>1 Ml.MtUREIX:\SuR\N601~\9~hdl00.dw9 JWID9 NOJâ CON PROPERTIES O.R. BOOK .3004, PAGE 660 Agenda Item , March Page OC 05 87 951 (100' R.O.W.) c L :R 951 LINE LINE TABLE LENGTH 160.14- 540.48 80.07 540,48 80.07 l1 L2 L.3 L4 L5 ...J CANAL R.O.W. BEARING N89'51 '3.3"W N89'51 '3.3"W 502'16'01" E 589'51 '.33" E N02'16'01"W M-r--- 'r"l- I I o 2S 50 100 200 GRAPHIC SCALE COLL/£R COUNTY D£PARTM£NT OF TRANSPORTATION OJ/2005 SKETCH de DESCRIPTION rilE NO.: 2L-812 PRC),JECT HO.: N60 r 5-005-000 CDN PROPERTIES O.R. BOOK 3004, PAGE 660 \G Ll I I '" n æ ~ -! q <: æ z <: 0 u 0 ~ L/") '-' (J) L/") æ (J) u I r r I (J1 v.. ~ ~ <3 I ~ NORTH LINE OF THE SOUTHEAST 1/4 ~ EXHIBIT ...8.- Pep.2".l- of..2.l. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) \ LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being o portian of those lands described in O,R j Book 3004, page 660. af the Official Records of Collier County, Florida, being more particularly described as follows ------------------------------------------------ ----- CommenCing at the East 1/4 Corner of L 4 Section 34, Township 48 South, Range 26 NOTES: East: thence N,89'51'33"W, along the North line of the Southeast 1 / 4 of Section 34, 0 distance of 160,14 feet: Thence 5,02'16'01" E" o distance of 80.07 feet to the POINT OF BEGINNING: thence S,D2'16'01" E.. 0 distance of 589..34 feet to its intersection with the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section .34: thence N.89'SO'22"W, along said South line, 0 distooce of 5,00 feet; thence N.02' 16'OI"W" 0 distance of 589..34 feet to its intersection with 0 line lying 80,00 feet southerly of when mecsured at right angles to the North line of the Southeast 1/4 of Section .34; thence 5,89'51 '.33" E, along said line, 0 distance of 5,00 teet to the POINT OF BEGINNING, Containing 2946,65 square teet or 0,0676 acres, more or less. 1. This is not a survey. 2, Basis of bearing is the West line of County Rood 951 (C,R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 8.3/90, East Zooe, .3, Subject to easements, reservations and restrictions or record. 4, Easements shown hereon ore per plat, unless otherwise noted. 5, 6, 7. B 9, 10. ROW represents Right-of-Way. P,O,B, represents Poiot of Beginning, P,O,C. represents Point of Commencement. O,R, represents Official Records, L,B,E. represents Landscape Buffer Easement. U.E, represents Utility Easement. NOT VALID WLTHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 REVISED PER COUNTY COMMENTS 03/09/05 PROJECT NO, 65061 PMCEL NO 7 JJ Wi/.Mi//e¡a.n",,=xm PI.a~ ~ F..~ SuNø)'D'S" r..øndsrJlPtIlrrJYtotts Ñ"9I1~(;()"!SUI1IJo'1f!" WilsooMi/fer, Inc t~ FŒI~· Se=w~ .&__ ~ 1NJ~~;I'I!,S;AW2fX) .,...,.~J('~l.P!'(J"2J'·tIofg.~Q 'uJ!UI/~~N 1'$>,s;/t"""'.lI-œ¥!ål!t,iXiIIl ~- o 25 ~ N 50 100 GRAPHIC SCALE I 200 3 - q -0, (DATE SIGNED) LINE TABLE LINE LENGTH BEARING L 1 160,14 N89'51'33"W L2 80,07 S02'16'01"E L.3 SB9,.34 S02'16'01"E L4 5,00 N89'So'22"W LS 589.34 N02'16'Ol"W L6 5.00 SB9'S1 '3.3" E COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/200J PROJECT NO.' N60 15-005-000 F'rL[ NO.' 2L-812 "or 24, 2004 - 13:06:44 "lAfooOUREIX:\SUR\H6015\9511d100,dwg "'~~_";"'''i'''·''''''''''"·"",,.·.··· PARCEL NO. EXH 181T A Page...l3- 01--2.3.. WATERWAYS JOINT VENTURE IV O.R. BOOK 2924. PAGES 3011-3012 s: CO -> s: '0 o CO VI .... '-" .... It) 01 -------------------------------------- LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East. and being 0 portion of those lands described in O.R. Book 2987, Pages 3011 -3012, of the Official Records of Collier County, Florida, being more particualrly described os follows: LINE L178 1179 L180 L181 1182 1183 LINE TABLE LENGTH 100.09 334.81 65.06 334.79 65.06 334.80 Commencing at the East 1/4 Corner of Section 34. Township 48 South, Range Z6 East; thence N.89·SI'33"W. along the South line of the Northeast 1/4 of said Section 34, o distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.OZ·15'04"W. along said right-of-way line, a distance of 334.81 feet to the South line of the North 1/Z of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34 and POINT OF BEGINNING; thence N.89"S2'03"W. along said South line, a distance of 65.06 feet; thence N.02'15'04"W.. a distance of 334.79 feet to the North line of the North 1/2 of the South 1/Z of the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S.89"52' 43"E. along said North line, a distance of 65.06 feet to its intersection with the Westerly right-of-way line of said County Road 951; thence S.02· 1 5'04"E. aiong said right-of-way line; 0 distance of 334.80 feet to the POINT OF BEGINNING. Containing 21,763.18 square feet or 0.4996 acres, more or less. NOTES: OC 05 87 I I I hi I I ~ o ci ~ « ü .... ~ I W BEARING N89'SI'33''W NOZ'1 S'04"W N89'52'03''W N02'15'04"W S89'52'43"E S02'15'04 "E 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02"16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. ~ N I 2$ !SO 100 GRAPHIC SCALE FEE SIMPlE INTEREST ~. J.- C( -() } . (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 '.- o PRWEC1' NO.' 65061 PARCEL NO. , 1 J5 Wil.MiIIB¡···~~- -.._.--.......... .,--. ~~ IIIiw:InIIIIr: he. -_,."..........:~,.;.,~~.=-.___ ()9/2()O,J Sop 23, 200J - 18:0!i:02 MlAMUREþ(:\SUR\Neo1.5\851od100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH '" DESCRIPTION PROJECT HO.: N60 15-()05-000 ---------- I 200 ALE NO.: 2L -812 I I ~ \ ~ \ POB\ ~L1 LJ L186 I \ \ ---------------------------------------------L187---¿~ I I S; \__LL!i4-___~ __ \ \~ LINE TABLE LENGTH 100.09 334.81 65.06 5.00 334.79 5.00 334.79 pARCEL NO. EXHIBIT-L Page~ of-2L L189 L WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 c: s CO to CO 0 \ "...... ~ Ó OC 'b o .- '--" LEGAL DESCRIPTION A portion of the North 1/2 of the South 1 /2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East. and being a portion of those lands described in O.R. Book 2987, Pages 3011-3012, of the Official Records of Collier County, Florida, being more particualrly described os follows: LINE L184 L185 L186 L187 L18B L189 L190 Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'51 '33"W. along the South line of the Northeast 1/4 of said Section 34. a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.02'15'04"W. along said right-of-way line, a distance of 334.B 1 feet to the South line of the North 1/2 of the South 1/2 of the So"theost 1/4 of the Northeast 1/4 of said Section 34; thence N.B9·52'03"W., 0 distance of 65.06 feat to the POINT OF BEGINNING; thence continue N.B9·52'03"W. along said South line, a distance of 5.00 feet; thence N.02·15'04"W.. 0 distance of 334.79 feet to the North line of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S.89'52'43"E. along said North line, a distance of 5.00 feet; thence S.02· 1 5'04"E.; a distance of 334.79 feet to the POINT OF BEGINNING. Containing 1673.94 square feet or 0.03B4 acres, more or less. NOTES: 1. This is not a survey. ç No. OC f'v1arch 2, 2 05 tag 60 0 87 I I I I hI \ ~ Ó a::: --1 4: Z 4: U ..- lO CP BEARING NB9'51 '33'W N02'15'04''W NB9'52'03"W NB9'S2'03''W N02'15'04''w S89'52'43"E S02'15'04"E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'04" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. + N I ~ &0 100 GRAPHIC SCAlE TEMPORARY CONSTRUCTION EASEMENT (DURATION; 3 VEARS FROM COMMENCEMENT OF cONSTRlICTION) . P. . . (FOR THE FIRM) FLORIDA LI . NO. 5834 q.?tj·'03 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~- o I zoo COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PROJECT NO.' 6506 PARCEl NO. , 735 Wil.lfiller-'~"- -,~.~.....,.,..~_.~~ 1IfIGoWIer, he:. IIII_,.......=-=r.'~~·::.ø._-- 09/200J Se~ 23, 2003 - 15,05:02 t.ll}.MU~EX'\SUR\N50'5\ø51od1oo.dwø SKETCH de DESCRIPTION PROJECT NO.: N6015-005-000 nu. NO.: 2L-812 -,--"~.~.~.~.- --- -----,_._-- PARCEL. NO. No. M~rch 2, rag 61 I I I --T2Ë!7---~C. NORTHEAST \ CORNER ... ... ~ SECTION 34 (JJ l- V) W (D C'-. i"-. lLJ I") () I") Z >\ ~ C) -lî) .~ wI") ~ lLJa 0:::1") DO::: :::JU) I-lLJ ':::) s8 ZC) 0 QlLJ ~« U) 0::: Q co t:C) I- Z..¡ ";;- :¿Z -C'! Q :¿- 00> ~a JC". :c U)~ ~~ U) Q Z ~g $: a O:::CI:J I- l¡J I- . ..¡ :'(0::: I") $::0 z 0 ¡:::: u l¡J V) + N TEMPOAARV DRIVEWAY I _ I R¡fipRATtON EASEMENT __ (~ON: ~ YEARS FROM 0 25 &0 100 CQMM&NCEMENT OF CONSTRUCTION) GRAPHIC SCALE 65061 PAR"", 0, 7.39 COLLIER COUNTY DEPARTMENT .."..;""..'..a'-·..·.....- OF TRANSPORTATION "j.~...r'."iïj SKETCH & DESCRIPTION ~. -.. _. ,",-,. ~_. ~"'CarU'" DRIVEWAY RESTORATION EASEMENT ItIIQnWIor. he. /IoI.I\r1..... _. _·r... -.....InI..ø .....__.,.", _.IV _.___ Sop 25. 2003 - 15:03,09 ¡LA!.lURElx:\SUR\N5015\951od100.dwg LEGAl DESCRIPTION A portion of Section 34, Township 48 South. Ronge 26 East, Collier County. Florida, bolng a portion of those Jands described in O.R, Book 2924, Pages 335-337. of the Public Records of Collier County, Florida, being more particularly described os follows; Commencing at the Northeast corner of Section 34. Township 48 South, Range 26 East, Collier County, florido; thence N.89·55'30"W., a distance of 1 00.15 teet to 0 point on the Westerly elght-of-way line of County Rood 951 (C.R. 951); thence 5.02·1S'04"E. along sold Westerly line, a distance of 669.62 feet; thence N.89·54'27"W., a distance of 65.05 feet; thence S.02·15'04"E., o distance at 628.88 feet to the POINT OF BEGINNING; thence continue 5.02'1S'04"W. along said line, 0 distance at 111.00 feet; thence S.BT44'56"W., a distance of 36.00 feet; thence N.02·15'04"W., a distance of 111,00 feet; thence N.8T44'S6"E., a di.tance of 36.0 et to the POINT OF BEGINNING. Canto I ng ,996.00 quare feet or 0.0917 acre . m e 0 Ie AMDREW B. BECI<, P.S.M. (FOR THE FIRM) FLORIDA LlC. NO. 6065 /ð/eO~ 3-- _ (DATE SIGNED) 7' I NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIOA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,I I L289 I \ f¡ \ g I ~ '0 I o Il1 \ ~ \; ~ I Lj ~\ I I NOTES: 1. This is not a survey. 2. Ba.l. of bearing I. the West Une of County Road 951 (C.R. 951) being S 02'15'31" E. Florida Stat. Plone Coordinates NAD 83/90. East Zone. 3. Subject to eosement., reservati one and restrictions or record. 4. Ea.ements shown horeon are per plat. unlese otherwioe noted. 5. ROW repreeents Right-ot-Way. 6. P.O.B. represent. Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. reprennh Official Records. 9. L.B.E. reprenn\s Landscape Buffer Easement. 10. U.E. represente Utility Eaeement. LINE L287 L288 L289 L290 L291 L.292 L293 L294 LINE TABLE LENGTH 100.15 669.62 65.05 628.88 111,00 36.00 111.00 36.00 BEARING N89'55'30"W S02'15'04" N89'54'27"W 50 '15'0 " SO '15'04"E S87·44'56·W N02'15'04 "W N87'44'S6"E 10/200J PROJECT NO.: N6015-005-000 fiLE HO.: 2L-812 OC 05 87 200 It \ \ Tract "A" \ I CAMDEN COVE I PLAT BOOK 39, PAGES 24-25 \ \ L_~ (f) w '-' ~~ , 0 - pu~~ u~~~ OOON ~~g U '5 (L b \ a= 0 ~ -' < I :z. < ---I u \ .... lO en om ~ r-- U .... r0 r0 w \ -...¡- 0 ú1 ~ N 0 V1 POS NORTH LINE OF SECTION 34. TOWNSHIP 46 S, RANGE 26 E RICHARD R. YUREWITCH O.R. BDOK 1533, PAGE 182 589'S4'S8"E 60.05' NORTH LINE OF THE SOUTH 1 /2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 RUBEN A. & ROSA H HERNANDEZ O.R. BOOK ¡ 191, PAGES 1706- 1 707 a= 0 ~ PARCEL 140 0 0 .... N89'S4'27"W ,.-... 60.05' .... lO en \ I ~ u \ \ '-' ...... lO \ \ en Q \ \ < 0 ~ \ \ >< r- \ \ :z. :::> 0 \1\ u REVISED TO REVERSE BEARING CALL 1 -26-05 65061 .,,"OEl NO. . 140 Wi/.Mil/e'" .^,,,,~-, p;M1f1/K'S EngiIIBfM E~'" Surveyrn· LlIfId:'JC8PIÑch'fet.n" ~r:r:rta:1.:Ii1 CøsulifJOh' Wi/SDnMt1/8f. Inc ~ hnlij&"). ~'IISO£I .lb~ ~ 3~'lfw.~2Ø ~.F~')('LIS""'.'p~1! :J-g.ø~~[1~ ii,.f .·39-64'!-Jj~' ~~ _',W~I",'.-", PROJECT NO.: Mot 2"" 2004 - 13:015:44 MLAMUREX:\SUR\NG01:)\951sd100.dW9 No,i0e 22, 2005 62 of 87 EXHlBIT.1L ~ p~ gp of..23- T N lJ- 25'0 100 GRAPHIC SCALE 200 NOTES 1 This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations ond restrjctions or record. 4. Eosements shown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-of-Woy. 6. P.O.B. represents Pomt of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.BE represents Landscape Buffer Eosement. 10. U.E. represents Utility Easement. 11 8,E. represen1s Buffer Easement. 12. P.U.E. represents Public Utility Eosement 13 S.U.E. represents Speciol Utility Eosement. DESCRIPTION: \ A portion 01 Section 34, Township 48 South. Range 26 Ecst, Callier County, Florida, olso being 0 portion of those lands descnbed in OR. Book 1191, Pages 1706-1707 of the Officiol Records of Collier County. Florida; being more particularly described os fonows: \ Commencing at the Southeast corner of Troct 'tD", Comden Cove os recorded in Plot Book 39, Poges 24-25 of the Public Records of Collier County. Florido ond olso being 0 point on the North line of Section 34, Township 48 South. Range 26 Eost; thence South 02' 1 5'04" Eost, olong the Westerly right-ot-woy line of Cour,ty Rood 951 (C.R. 951), for 0 distance of 334.79 feet to the POINT OF BEGINNING; thence South 02'15'04" Eost. olong the Westerly right-ol-way line of County Flood 951, for a distonce of 334.79 teet; thence North 89'54'27" West, for a distonce of 60.05 teet. thence North 02' 1 5'04" West, along 0 line 60,00 feet Westerly of ond running poroUel with the Westerly right-ot-woy line 01 County Rood 951, for 0 distance of 334.79 feet, to 0 point locoted on the North line of the South 1/2 of the Northeost 1/4 of the Northeast 1/4 of the Northeost 1/4; thence South 89'54'58" East, along the North line of the South 1/2 of the Northeast 1/4 of the Northeost 1/4 of the Northeast 1/4. tar 0 distonce of 60.05 feet to the POINT OF BEGINNING. ContOlning 0.46 acres, more or Jess. FEE SIMPLE INTEREST CU[NT (DATE SIGNED) NOT VALID WITHOUT THE 'SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLUE:R COUNTY OE:PARTME:NT OF TRANSPORTATION TiTlE"; SK[TCH 4c OE:SCRJPTION DAT£: 07/2003 P~OJ[CT NO.: N60/5-005-000 nl( NO: 2L-812 ---- II \ \ 1\ I! a f- 1\ () « Tract 'A" 1\ ~ CAMDEN COVE PLAT 800K 39, PAGES 24-25 II - 20' .E. -10' .U.E. II ~ 1\ ~ ~a.. . 0 . 1\ pu~~ õ~~~ COON \ \ ~~~ S89'SS'27"E u ~ -1~0~ a.. L;;~.;- RICHARD R. YUREWITCH O.R. BOOK 1533, PAGE 182 z o ~ ~ V1 0 ~ CJ1. EXISTING 0 -Þ:. WEST f"TÌ ROW LINE Vol Vol -Þ- ;.,,¡ <.D. ~ 0 ~ 0 0 ~ ,....., ...... I.D 0) ~ U .......- ...... I.D 0) ~ 0 ~ ~ z :::> 0 u ~ o -Þ-. :f PARCEL 142 SOUTH LINE OF THE NORTHV/2 . OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 NS9'S4'SS"W 60.05' RUBEN A. do: ROSA H. HERNANDEZ O.R. BOOK 1191, PAGES 1706-1707 REVISED 10-13-03 - REVISED DESCRIPTION 65061 .ARCEL >10. , 142 WiI.Miller-·~w- -'~'I!oaCaIoIo'~'~_'~"'""** MoanI6r, tic. ...../Irf...._._.JIoa ......,L.ooo...1IO .....__.__.,.._. __ Sop 25, 2003 - 15:03:0& MLAlAUREx;\SUR\NS01S\USlod100.dw& PROJECT NO.; _~__~_"______________,._ _~u__~~ ~-~_._------- NO. J 'f I EXHIBIT I page..s:z... of-2:i. 17 ~ o ~ No. OC Marc 22, 05 Pag 63 87 4 N I ðO 100 GRAPHIC SCALE ~- o 2ð I 200 ~ ~ u ...... I.D 0) ~ u NOTES: 1 . This is not a survey. 2. Bosis of bearing is the West line af County Road 951 (C.R. 951) being N 02'15'04' W, Florida Stote Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-at-Way. 6. P .O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 Eost, Collier County, Florida and also being a portion of those londs described in O.R. Book 1533, Page 182 of the Officiol Records of Collier County, Florida; being more porticularly described os follows: BEGINNING at the Southeast carner of Tract "D", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line at Section 34, Township 48 South, Range 26 East; thence South 02'15'04" Eost, along the Westerly right-of-way line of County Road 951 (C.R. 951), tor a distance of 334.79 feet, to 0 point on the South line ot the North 1/2 of the North 1/2 of the Northeast 1/4 at the Northeast 1/4; thence North 89'54'58" West. along the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, for 0 distance of 60.05 feet; thence North 02'15'04" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951). for a distance of 334.79 feet; thence South 89'55'27" East, along the South line of soid Camden Cove, Tract 'D", for a distance of 60.05 feet to the POINT OF BEGINNING. Containing 20 '0tz;;i7' 7. 0 uare feet .or 0.4612 acres, more or Jess. ,4£ ANDREW B. BECK. P.S.M. (FOR THE FIRM) FLORIDA LlC. NO. 6065 ~j;þ~ NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB /143 I I FE-E SIMPlE ,NTEREST (DATE SIGNED) CUENT: COLUER COUN7Y DEPARTMENT OF TRANSPORTATION 'I1TLEo SKETCH 4& DESCRIPTION QAT[, 07/2ooJ FIt.£: NO.: 2L-812 PROJECT NO.: N6015-005-000 Tract "A" CAMDEN COVE PLAT BOOK 39, PAGES 24-25 10~B.:.:l -, -- POB 1\ \ I \ \ \ I \4 III ~ \ L 20' BE. T\ ~1 O~ P. .E. w <:> \ \ . ð~- \ \ ~~~7 ()W~'ICt aOON II .=~g ! I Ü5 JJ D- a f- () <t g: NORTH LINE OF SECTION 34, TOWNSHIP 48 S, RANGE 26 E S89'55'27"[ 5.00' RICHARD R. YUREWITCH O.R. BOOK 1533, PAGE 182 PARCEL 742 N89'54'5S"W 5.00' z (/) o 0 ~ ~ ~ U1" U1 o 0 .¡>.: .¡>.: ::E fTI VJ VJ ;Þ- -.J <D SOUTH LINE OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 RUBEN A. & ROSA H. HERNANDEZ O.R. BOOK 1191, PAGES 1706-1707 TEMPORARY CONSTRUCTION EASEMENT I (DURATION: 3 YEARS FRCN COMMENCEMENT OF CONSTRUCTION)I \. .-~ -.---.-.-- I EXHfe'TL 'í7 P.ge 5H ot..:u... \ ~ o I ~ I I I P:; u It 0.., u øª ¡:¡t; I ~bI -f I I \ EXISTING I WEST ROW LINE YI I ~ \ 0 ~ 0 0 .... .--. .... I!? 0) P:; U ~ .... I!? 0) ~ 0 ~ ~ z :=> 0 u I I , II 10/13/03 REVISED DESCRIPTION 65061 PARCEl. NO. , 742 Wil."ille'M-~LW- --~'SocI/oIJIIII'_'~-'-~ 1IIoonI6r, ..., ....""....._._.r.o ........,Uno...... ._--.--.,...".. --- I I REVISED PROJECT NO.: Sop 25, 200J - 15:03:09 Iot\..OMURE)X:\SUR\N6015\95hd100.dw9 'i_,.·¡i;'·'lidIIt····'·......_··, 4 3M 50 '00 GRAPHIC SCALE I .00 ~ o .. ~ ~ U .... I!? 0) NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Paint of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 1 1. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion 01 Section 34, Township 4B South, Range 26 East, Collier County, Florida, being 0 portion of those lands described in O.R. Book 1533. Page 182 of the Official Records of Collier County, Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Tract "A', Camden Cove os recorded in Plot Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being 0 point an the North line of Section 34, Township 48 South, Range 26 East; thence South 89'55'30" East, along the South line of said Camden Cove, far a distance of 5.00 feet: thence South 02'15'04" East, olong 0 line 60.00 feet Westerly of and running parallel with the Westerly right-ai-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet, to it's intersection with the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89'54'58" West along the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, for a distance of 5.00 feet; thence North 02'15'04" West, for 0 distance of 334.79 to the POINT OF BEGINNING. Containing 1,672.70 square feet or 0.0384- acres, more or less. ~k CU£NT: ANOREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA lIC. NO. 6065 /¥.~;: (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH de DESCRIPTION m,(PORARY CONSTRUCTION E:ASEJlENT TITI.B DA¡[: 07/200;J PRQ.Æ:CT NO.: N6015-005-000 flL£ NO.: 2L -812 AU R. GHAHRAMANI. M.D, O.R. BOOK 1422. PAGE 1906 Ü I- Ü « ~ 5' 1\ IT 1\ \ \ \ \ \ \ \ \ II 20' BE. 10' P. .E. CAMDEN COVE PLAT BOOK .39, PAGES 24-25 II) UJ ~ ~Il. o8ci"an , t'1N õ~~.à. OOON "~O I-¡:;¡CD :5 Il. - Tract "A" CAMDEN COVE PLAT BOOK 39. PAGES 24-25 \ 1\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 1\ 1\ JJ -Ll0~E._ T-- ~ o ~ '0 o .... ,.... .... 1.0 en ~ U ........ .... 1.0 en ~ o ~ ~ z :::> o u a I- U « ~ I EXHIBfTL Ií!age~ of...:u. ~ ~ ~ ~ U PARCEL NO. . 4 N I eo 100 GRAPHIC SCALE DC 05 87 .... o 2~ I 200 CURVE TABLE CUlM: l.fNGTH RADIUS ..... C3 31,14 .00 DELTA rAAGOO CHORO CHORD BEARtNG ".27 .... 1.0 C» ~ U NOTES: 1. This is not a survey. 2, Basis of bearing is the West line of County Rood 951 (C,R, 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements. reservations and restrictions or record, 4, Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P .O.B. represents Point of Beginning. 7. P ,O,C. represents Point of Commencement. 8, O,R. represents Official Records. 9. L.B,E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11, B.E, represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of the Access Easement & Drainage Easement #1, Tract "A", Camden Cave, as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida; being more particularly described as follows: Commencing at the Northeast corner of said Tract "A"; thence South D2'15'33" East, along the Easterly line of said Tract "A", for a distance of 11.56 feet to it's intersection with the North line of said Access Easement & Drainage Easement #1 and the POINT OF BEGINNING; thence continue along Easterly line of said Tract "A", South 02'15'33" East. for a distance of 69,00 feet to it's intersection with the Southeast corner of said Access Easement & Drainage Easement #1; thence 34.53 feet along the South line of said Access Easement & Drainage Easement # 1, and along the ore of 0 circular curve concave r10rth having 0 radius of 538,00 feet through 0 central angle of 03'40'40" and being subtended by 0 chord which bears North 89'58'14" West. for 0 distance of 34,53 feet; thence North 02'15'33" West, for 0 distance of 74.24 feet, to 0 point on the North line of said Access Easement & Drainage Easement #1; thence 35.14 feet along the North line of said Access Eo.emer1t & Drainage Easement #1, and the arc of 0 circular curve concave south having a radius of 469,00' feet through 0 cer1tral angle of 04'17'33" am! being subtended by 0 chord which bear~ South 81'24'46" East, for a distance of 35,13 f..tlt to too POINT OF BEGINNING. Containing or less. THE FIRM) acres; more \ cRf\ÆWAY TOAATlON EASEMENT R. YUREWITCH RES ON' 3 yEARS FROM 1533, PAGE 1 82 COMJ~~TIeN;- OF C9NSTRUCTION) RICHARD O.R. BOOK PROJECT NO" 65061 PARC€I. NO. , 74J Wil.Miller··~U.- _.~.~...--..~_.~~ ~ht:. -,""_._._.- -.."Iø,u.., ._--.--.,.-. --- Sop 2~. 2003 - 1~:03:09 IoILAMUREIX:\SUR\N0010\901.d100.dwg ANDREW B. BECK, P.S.M,· FLORIDA LlC. NO. 6065 /~,1/b l- (DATE SIGNED) CUENT: 4;OT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION mu;, SKETCH & DESC~PTlON DRIVEWAY RESTORATION EASEMf!NT' DATE: 07/2003 PiI!Q.JECT NO.: N601S-DOS-OOO FILL NO.: 2L-812 - ----- --_._------_._---_._--------,_._-~..- _.,,_.._~------- -~--_._--------_._-'- pARCEL No, OC 22, 2 05 66 0 87 INDIGD LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 r 10' U.E, Tra ~ "A" INDIGd LAKES DRIVE All R. GHAHRAMANI, M.D. O.R. BOOK 1422. PAGE 1906 r-- w Narth line of North 1/2 of Narth 1/2 of South 1/2 of Southeast 1/4 All R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 S.U.E. 20' B.E. CAMDEN COVE PLAT BOOK 39, PAGES 24-25 10' P.U.E. (/) w '-' ~~ ¡ I: 0 ~ p()~~ õ~~~ OQON '::~g U ~ ëL REVISED: August 9, 2004 REVISED: August 4, 2004 POB "LJ") lD n n LJ") N o V1 ,.-... - 1.0 0') ~ U '--' -~ 1.00 O')~ ç¡- <8 0_ ~ ~ Z ::J o u ~ 'I g ~ ~ U PROJECT NO.' 65061 '-"'CEl NO. , 146 Wil."ille¡k'fl~"'-'" PIatJoMs Er~ Eootogist,. SLlNlI'ycrs· L8IJ(1SCi1)i ArC'lihtm kansporta!k>n Con$l1lfal'tl5 WilsooMiJ!er, fne Napb Fœf~. 5.n.cof1.s~ ~ mBWt~:I!.SdII2QiJ ~.t1cri:1t3irø-.l507.Pfro¡¡e239619-4OO1 fþ.Z'J/Jó4H71' ~·SIIf_·~_CØ!'I War 24, 2004 - 13:08,44 IoIlAIoIURE!X,\SVR\H501.\&.'od100.dwq - -.---....----.---. _~...;,¡¡¡,""'~"'"'t4;.."....,",;"."""".. \ EXHIBIT .A- pege~ ot21 + N 50 '00 GRAPHIC SCALE I 200 .... o .. NOTES: .... 1.0 en 1 . This is not 0 survey. 2. Basis of bearing is the West line af County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinate. NAD 63/90, East Zone. ~ U 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represenb Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 6. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.:.J.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 27. Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those londs described in O.R. Book 1422, Page 1906 of the Official Records of Collier County, Fiorida: being more particulorly described 05 follows: Beginning at the Southeast comer of Tract "D-1" as shown on Indigo Lakes Unit One, os recorded in Plot Book 34. Pages 76-64- af the Public Records of Collier County, Florida: thence South 02'15'33" East. along the West right-of-way line of County Road 951 (C.R, 951), for a distance of 671.55 feet, to the Northeast corner af Tract "D", Camden Cove as recarded in Plat Book 39, Pages 24-25 of the Public Records of Collier Caunty, Florido; thence Narth 89'55'47" West, along the North line of said Tract "D", for a distance of 6D.05 feet; thence North 02'15'.33" West. along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 671.55 feet. ta a point on the south line of Tract "D-1" as shown on Indigo Lakes Unit One; thence South 69'56'00" East, along said South line for a distance of 60.05 feet to the POINT OF BEGINNING. Containing 40292.98 sq. feet or 0.92 ocr75' more or less. FEE SIMFlE INTEREST \ ßni I Z ' DAVID J. HY)(TT, Pf'M. (FOR THE FIRM) FLORIDA LlC. NO. 5834 'B'-q -C1 (DATE SIGNED) CUENT: NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION TITlE: SKETCH &: DESCRIPTION OATE: 07/200J PROJECT NO,: FILE: NO.: N6015-005-000 2L-812 ---...-- .-' .-..------- ---_.------ ,- () ~ () a « ;J; '" INDIGO LAKES UNIT ONE g: "- PLAT BOOK .34, PAGES 76-84 r 10' U.E. n__.__" ~ ___ _ ~\ ~ Tract "A" "0-1" 0 I' ~ INDIGO LAKES DRIVE ~ POC \ ~ ~ -I u .. '" ...... I' lD 10' L,B,E. O:! ....... ~ 8 U CD '<.0 , LD ., "> I-- "- tV () n n \ « g: w g Î-0 + \;( n ... in All R. GHAHRAMANI, M.D. N O.R. BOOK 1422, PAGE \~ 1906 8 \ '" "NO ;... POB WEST ~ ROW LINE .1 I 1\ N;rth-¡¡;:'-;-- of the N;;lh----- 1/2 of North ¡ /2 of L24 South 1/2 of Southeast 1/4 _____J I PARCEL 746 ~ o ~ g +- '" ŒJ ... ~ \ "n w n . in n n All R. GHAHRAMANI, M.D. ~ N lJ) O.R. BOOK 1422, PAGE 0 N 1906 Z 0 V1 L23 o o ...... ,--... ..... l{) O:! 8 + :ß ... ~ U ----- 8 + I' ~ ..... lD Q) 20' BE -~ \ 1\ VI W (!) ~it 'o801U"1 . nN õQ~J. eOON "'H~ o g 11. ~ Z Þ o u ~ o ~ CAMDEN COVE PLAT BOOK 39, PAGES 24-25 10' P.U.El1 () I-- () « ~ \ \ \ \ \ - PROJECT NO.1 65061 .....CEl NO. I 746 WI'.MlllerM'~W- ,,__. ~ . fcotgIIù ...".,...., ~~ .»~CcMIItnØ \WoonAAIor, In<> .....,""..... ,..=ï:.t.'~ ~.=.ø. ___ Jul 11. 200J - 10;291.18 KT"OMP50IX:\SUR\N60'~\951aJ\OO.d.u r~ N ~-- o II 110- 100 GRAPHIC SCALE iDe 005 f 87 EXHIBIT JL page.kL of-2..L I 100. LINE L2.3 L24 BEARING N89'S5'47"w S89'49'14" NOTES: ,. This is not a survey. 2, Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Caordinatee NAD 83/90, East Zone. .3. Subject to easements, reservations and reetrlcllons or record. 4. Easements shawn hereon ore per plat, unlees otherwise Mted. 5. ROW reprseents Right-of-Way. 6. P.O.B. repres..nts Paint at Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records, 9. L.B.E. represents Landscape Buffer Eaeement. 1 D. U.E. reprs.ents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION'. A portion of Section 27, Township 48 South, Range 26 East, Callier County, Florida, also being 0 portion of those lands described in O.R. Book 1422, Page 1906 of the Official Records of Callier County, Florida: being mare particularly dsscríbed as fallows: Commencing at the Southwest corner of Tract "0-1". as shown on Indigo lakes Unit One, as recorded in the Plot Book 34, Pages 76-84 of the Public Record. of Collier County, Florida; thence South 02' 1 5' .3.3" Ea.t. along a line 60.00 feet Westerly of a nd running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951). for 0 distance of 336.66 feet to it's intersection with the North line of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 and the POINT OF BEGINNING; thence continue along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), South 02'15'33" East, for a distance of 334.89 feet, to a point an the North line of Camden Cove, as recorded in Plat Book 39. Pages 24-25 of the Public Records of Collier County, Florida; thence North 8S"55' 4 7" West, along said North line, for a distance of 5.00 feet; thence North 02"15'.33" West, for a distance of 334.90 reet, to a paint on the North line of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4; thence South 89'49' 14" East, along the North line of the North 1/2 of the North 1/2 of the South 1/2 of the Southsast 1/4, for a distance of 5.00 feet to the POINT OF BEGINNING. '" o ., ~ ClIEtII, (DATE SIGNED) NOT VAllO WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION nTLE: SKETCH &; DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT 0;."', 07/200:1 PROJEOT NO.: NtJO 15-005-000 FILE NO.; 2L-812 SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 1579 PAGES 589-590 -S- 20' L.B.E. INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 0 76-64r 10' U.E. g Tract "A" INDIGO LAKES DRIVE 589'56'00"E 620.51' e. >PAR4' C~'. ..8.6 . ..... -.,.... -'" EXHIBIT ..8- Page.kL 01.23.. j "B-1" 10' L.B.E. PARCEL NO. p P08~ ... 'w I') ~ ... "'. ... ~ . .8"'" 0 'UJ ¡"C! II: '.',,; II) fð~ '0 !.'1!l! ... 0 . .11)- ....4 .~ z ':!.- o ¡,,;a 1/1 ¡¡¡ '" Pi 8. t II: â t) . AU' . R'" GHAHRAlk\NJ, M.D, q.R, SQOI:<14n,. .PAGE .1.906 South line of the South 1/2 of South 1/Z of North l/Z of Southeast 1/4 All R. GHAHRAMANI, M.D. O.R. BOOK 1422. PAGE 1906 DESCRIPTION: A portion of Section Z7, Township 46 South, Range 26 East. Collier County, Florida, 01.0 being 0 portion of tho.e land. described in O. R. Book 142Z, Page 1906 of the Official Records of Collier County, Florida; being more particularly described as follows: COMMENCING at the Southeast corner of T roct "0-1, os shown on Indigo Lakes Unit One, os recorded in Plot Book 34, Pages 76-64 of the Public records of Collier County, Florida; thence North 69'56'00" West along the south line of said Tract D-1 for 0 distance of 60.05 feet to the POINT OF BEGINNING; thence South OZ'15'33' East, along a line 60.00 feet westerly of and parallel with the West right-of-way line of County Road 951 (C.R. 951), for 0 distance of 336.66 feet, to a paint on the South line of the South 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4; thence North 89'49" 4" West, along the South line of the South 1/2 of South 1/2 of the North , /2 of the Southeast 1/4, for 0 distance of 700.63 feet; thence North' 1'17'16" East, for 0 distance of 341 .53 feet; thence South 89'56'OO" East, along the North line of the South 1/2 of the South 1 /2 of the North 1/2 of the Southeast 1 /4, for a distance of 620.51 feet to the POINT OF BEGINNING. Containing 221764.31 sq. feet or 5.09 acres, more or jess. õ - 5 eLf (DATE SIGNED) NOT VAllO WIlHOUT THE SIGNATURE ANO THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PAOJECT NO.: PARCtl NO. : 846 65061 WiI."'lle¡~·~"-'" PfJI1tIØ"I EngirIt""" Er.%fÞIÞ- Survfror8' land.atpfI' NcMttcOJ };enlPOrlaliat rA'lJ'Ul1Mt. W;sonMll/er. Inc. ~ FafAiyttr- ~ ......1 r.p. 11OO.w.r1GÐe.~"" It,pø,FbfH)lIØ.J·RIOIIt 139-6('''' t., ~JUU-51~ I'ft¡.SI!e IIW.~.CØII IoIar 24, 2004 - 13:D8:" MUlMURE\X:\SUR\N8D15\"1Id10D.dwQ "·_~_,i.;'"i"i,,_'"""_' ... IØ '" 700.63 ~ U. EXISTING WEST ROW LINE ... IØ '" ~ i i 1-1 NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 63/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of B89innlng. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents utility Easement. FEE SIMPlE INTEREST r-- I '00 20CI GRAPHIC SCALE ~ ~ o "" CUM: COLLIER COUNTY DEPARTMENT OF TRANSPORTATION TTTU:: SKETCH de DESCRIPTION ru: NO.: 2L -812 PAOJECT NO.: N6015-005-000 mNo Ma h 22, P ge 68 OC 005 f 87 I 400 --------_._-~- « (:I 1'2 o -"0 "-(11 ..rJ ç' z~ ::>.rJ o Ul/\ w (Yl.:> l.u « :::¡<:I. -" o' U~ .rJ "-- o ~ô «0 Om m, er 6° o I U l/\ EXHIBIT -.fL P8ge~ of.23.. ---r 20' L B E INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 """ ;;0 » () """ o PROJECT NO.' 65061 "Rcn NO, . 1 48A CLIENT, W;I.M;lle¡~ ,~,~-'. mLE PlannrK$ E"f1ttIcons Eoo!OfJist,. SJ~'I,lIfIóp:rJJPCMc:f1ltocrs k"1I1'ISIMM1(X1C;on~r()flIS WiJsonMi/Jer, Inc i/_liYil.l.U'.·SIIaIW.~~ DAre:- .tWBitfP!'l..'r.ItSl.r.'i1l(1'J fj!{M.F/c1Ic1Jn¡f;~.~·,'ro",2JU19.J(JU,! '~239<B4J~N~' ~~"'I'\f,I!)sor~:.UII 02/2005 "'or 24, 2004 - 1J:oe;.. WLAMUREIX,\SUR\NeOI5\95'sdIOO,dwg PARCEL 148A Tract" A" INDIGO LAKES DRIVE -- - '" o '() o~ ::; w -'" z« «<:I. ~Ñ erN I.,. «- I l.:>", .0 erO CO :J. «cr ° I I EXISTING I \ "~E~:,, \ V ~ I 0:: I -.J I I r7 ¡:= I 0 0:: I '0 o ..... -- ..... lC') m 0:: u '-" ..... lC') m o -< o 0:: ;:... E-o Z ;:J o u TRACT 0-1 I O. OC ,2 05 90 87 ~ 3M .- I 25 50 oo 200 GRAPHIC SCAlE -" -< z <: u LINE TABLE LINE LENGTH BEARING l' 15.DI 1.2 I~O' ..... lC') m NOTES: 0:: u 1, This is not a survey, 2, Basis of bearing is the West line of County Rood 951 (C,R, 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject 10 easements, reservations and restrictions or record. 4, Easements shown hereon ore per plot, unless otherwise noted, 5, ROW represents Right-of-Way, 6, P.O.B. represents Point of Beginning. 7. P.O.C, represents Point of Commencement. B. O.R. represents Official Records, 9. L. B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. DESCRI PTION: Tract" 0-''', Indigo Lakes Unit One, os recorded in Plot Book 34, Pages 74-84 of the Public Records of Collier County, Florida Contain,ng 900.74 sq. feet or 0.0207 acres, more or less. FEE SIMPLE INTEREST DAVID J, FLORIDA ;Z-,J.'l~05 (DATE SIGNED) NOT VAllO WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO.: N60IS-00S-000 FILE NO, 2L-B12 « o ¡¡; o -'0 "-01 .úJ >-1 >-0; z"" :::JúJ o U(f) w 0:0 w<f :JCL -' 0" Ug: ,,-Lf) 0- ê6 «0 0<D (D. 0: 60 o I U (f) EXHIBIT JL 'I _.k'L of:8- \ \ I \ 1 rz I 0 0:: I ,-1 <:: z <:: u I I EXISTING I \ ri" \ , ~ I 0 0:: o o .-. - .-. 10 0> ----rf 20' L B E \ INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 \ ["J E. \ Tract "An INDIGO LAKES DRIVE --- PARCEL 1488 0:: a u '-" f-- .-. U 10 <::( 0> Ct: 0 I- <:: 0 0:: >- ..... z ::> 0 u ( -- LBEJ- / / N89'S6'OO"W 60.05' '<"- 10' CD f-- U <Z Q: f-- 01 o cia> i- W _"<.:0 z« «"- ¿, «N "'N ~~ I <.:0"",- .0 0:0 <D ::¡ . <fo: o FEE SIMPlE INTEREST PROJECT NO.' 65061 PARCEL NO 1488 Wil."il'e¡- ''''''',='" P/annocs i:l1gJrIf1e1( &:doçist?> SurvtJyors' UJllltSC8()O A1(/1#.{)dr;~/tnSJ(1fMIrH1 CQ(~u~nts Wi/sonMiller, Inc. '1iVW .'rrI.MfI'S" S¡,-oIIQI1 ·/JIwron ~ m&øl.r.t.Sv:b2OJ /(iUffs.~.II!o:s-.!5Ol'.ft,a¡;:J9.6'~,-'O ~a7JU4,!·j;íê ~~iIr.tW~#f!IIItm 1010' 24, 2004 - I J:Oð:44 IoIlAMUREIX:\SUR\N60,5\9510<1'00..W9 ':¡";;;¡¡'~':IIIiii~;;¡¡¡"~~'"''';o" .-----.- - ~- o 25 ~ 4 N I .-J 200 100 GRAPHIC SCALE CURVE TABLE CURvE L£NCTH RAOIuS DELTA TA.NCENT C1 .a.OJ ".00 2f:ì.J2 CHORD 43.27 CHORD BEARINC UNE TABLE .-. 10 0> LINE l.ENGTH 8(ARING L1 2M3 NOTES: 0:; U This 's not a survey. 2. Basis ai bearing is the West line of County Rood 951 (C.R. 95',) being N 02'15'33" W, Florida Slate Plane Coordinates NAD 83/90, East Zone. 3. Subject tc easements, reservations and restrictions or record, 4. Easements shown hereon ore per plat, unless otnerwtse noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. rep'esents Official Records. 9. LB.E represents Landscape Buffer Easement. 10. u.E. represents Utility Easement. DESCRIPTION. A portion cf Tract "Â', Indigo Lakes Drive, Indigo Lakes Unit One, os recorded in Plat Book 34, Pages 74-84 of the Public Records of Collier County, Florida; being mare particularly described as fallows: BEGINNING at the Southeast corner of Tract "Â', Indigo Lakes Drive; thence North 89'56'00" West, along the Saute right-ai-way line of said Tract "A", Indigo Lakes Drive, fcr 0 distance of 60.05 feet; thence North 02'15'33" West, along a line 60.00 feet Westerly 01 and running parallel with H1e Westerly rigot-of-way line 0' County Road 951 (C.R. 951), for 0 distance of 111.10 feet, to 0 point on the North right-of-way line 01 said Tract" A", Indigo Lakes Drive; thence South 89'56'00" East, along toe North right-of-way line of said Tract" A", IndÎgo Lakes Drive for 0 distance of 23.48 feet; thence 46.03 feel along the arc of 0 circLilar curve concave northwest having 0 radius of 38.00 feet through a central angle of 69·24'23" and being subtended by a chord which bears North 55'21'49" East, along the Northerly line of said Tracl "A", Indigo Lakes Drive, for a d'lstance of 43.27 feet, to a paint located an the Westerly right-of-way line cf County Rood 951 (C.R. 951); thence South 02'15' 33" East, along the Westerly right -of-way line of County Rood 951, for 0 distance of 135.75 feet, to toe POINT OF BEGINNING Cantain;ng 6917.64 sq. feet or 0.1588 acres, mare or less. cD, I . I DAVID J. HYATT, FLORtDA LlC. N éJ. - ;zq - OJ' (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SJRVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 CU£NT' COWER COUNTY DEPARTMENT OF TRANSPORTATION TlTL[: SKETCH & DESCRIPTION D"TE 02/2005 PROJECT NO' N60' 5-005 -000 « EXHIBIT ~ I 0 ê2 \ 0 peg.-'£- of.2L -'0 rz lo..", ..0 I >--1 ;:r; ....'" Zco ::J.o 0 0 r:r:: uv> w CI:'" I 0 w« 0 :JD.. 0 r:r:: -' Om - I Uf' ,..:¡ ," "....... « lo.._ 0 -' z &6 It:I « 0> «0 U 0(D (D. r:r:: -' CI: It:I 15ó u 0> 0 '-" :r: U -' p:; (I') It:I 0> U 0 « 0 r:r:: ;>-< E-< Z ;:) 0 U 20' INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 _ _ _10' U.E t Tract "A" INDIGO LAKES DRIVE --- m o ci~ ;:¡w --'" z« <D.. ;:¡ < . CI:'" ~~ I "''' .0 <xO (D :J. «<X o PRQ.JECT NO. 65061 RACT D- 1 EXISTING WEST ROW LINE / 148C Wil.Mille¡~··"'··"'<"'" PIam«:> /:np.'NU5 F.~$19> SUlW,YO/1" LÐfId$C8þ8 ÑrltilcC't$ Jf"~5,OO(1;:¡ljor: Con$ulCnnl, WilsonMjl/(H, f'lC NIiuI F<thW;\r.$~ ~¡ ·8Iw1/r:rJ ~ JmB:lW;Lp.&.f:rJlro ti~.FWJJlfCW50J·f'føltl ~»M!4(1f~ FI). ¡JUlJ·!Jll6 f"JioI...S,1~ """"i·~_~ Mar 24, 2004 - 13:06:44 MLAMUREIK:\SUR\N60IS\9SltdI00.dwg MRŒl NO. 4 N ~ I I o 25 ~o 100 200 GRAPHIC SCALE CURVE TABLE CURVE LENCTH RADIuS DEL.T"- TANGENT (1 "&.OJ )8.00 ... :lI.n C~ORD CHORD BEARING 4J.27 H LINE TABLE LINE L£NCTH SEARING 2~>"e NOTES: This is not 0 survey. 2. Basis of beoring is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Flarido State Plane Coordinotes NAD 83/90, East Zone. 3. Subjecl to easements, reservotions and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-af-Woy. 6. PO.B. represents Point of Beginning. 7. P.O.C. represents Paint of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E represents Utility Easement. DESCRIPTION: Troct "D", Indigo Lakes Unit One, os recorded in Plot Book 34, Poges 74-84 of the Public Records of Collier County, Florida Containing 12269.00 sq. feet or 0.2817 acres, more or less. FEE SIMPlE INTEREST T, D. . ~ (FOR THE FIRM) NO. 58.34 ;Z -).If-()5 (DATE SIGNED) CUENL NOT VALID WITHOUT THE SIGNATURE AND 7HE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AiJTHORIZA TlON LB #43 COLLIER COUNTY D£PARTM£N OF TRANSPORTATION TITLE: SKETCH & DESCRIPTION OA1(: PROJ£CT NO.: 02/200 exHIBIT JL .....Of...2l. ð ¡¡: o --'0 LJ_O'I , 'of] ~I Zm Õ~ OUJ w c:r:l:J lLl < ::::J"- --' o - O~ If) "- .- o '" 00 ~O OCD ro, 0:: --,' 0° o I o UJ " ., '" g ~ 0 ~ 0 " " 0 ., 5 ..--< .. r-- ..-< lO Q) " ~ " - + U ~ ---./ r ~ I 0 ~ ~ ~ U ..-< lO Q) Q «: o ~ ?-< E--< Z ;:J o u .--< I lO 8 Q) ,. '" ~ ~, u '" " + ~ \ 20' L.B,E, EXISTING \ WEST ROW LINE " " i' f,:; .... B \ \, 1- .. '" 3: .... I '-I "' g: POC 60,00' 0 " ~ \ " " 1- 0 ~ f- \ l) <:( D::: g I- i " ~ \"-'--' -".-- ,,---. --- -- INDIGO LAKES UNIT ON PLAT BOOK 34, PAGES 76 E 64 a l- l) <:( ~ ..1 10' U,E, n- nO . .______lfL ~, Tract "A" INDIGO LAKES ORIVE \ N 89'56'00" W 48,54' (IJ g¡ o~ l- :iw l) ....:-l:J <:( ~~ ~ ~Ñ -- ~~ J: to", ",8 CD ::¡, <0:: TEMPORARY DRIVEWAY \ :ESTORATlON EASEMENT (DUAATlON: 3 YEARS FROM _."~9~~.~C-=~~~T~_~~~!P~) 'RDJECT NO" 65061 .ARCEl NO. , 748 WI'.Mllléi--·~-- !'Iomon' ~. -". _,..-..- .1t~"'''''''''''''''' ØlonMIIIor, he. _.l'IItilo'J.-.-.,,,,,, llllldoyLw...If1I·Mo*-_·- -.,.,-....... --- JLlI 09. 2003 - 10;39,1~ kTHDMPSO!X:\SUR\N60 15\El51 ad100,d""y ~~Ii_""oi".''''''''''"'·· PARŒJ NO.,] L g + N Agenda Ite March Peg N .i0e 2 2005 7 of 87 ~ I o 2.5:1D 100 100 GRAPHIC SCALE NOTES: This is not 0 survey. 2. Basis of bearing is lhe West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida Stale Plane Coordinat"s NAD 83/90. East Zone. 3, Subject to easem"nts, reservations and restrictions or record. 4. Easemenls shawn her"on are p"r plot. unless otherwise noted. 5. ROW represent. Right-af-Way, 6. P.O.B, represents Point of Beginning, 7. P.O.C. repre.ents Point of Cammencem"nL B. O.R. represenl. Official Records. g, L.B.E. repres"nts Landscape Buffer Easement. 1 0, U ,E, repres"nts UUlity Easement. DESCRIPTION: A portion of Tract "A", Indigo Lokes Orive, Indigo Lakes Unit One, a. recorded In Pial Book .34, Pages 74-64 of the Public Records of Callier County, Florido; being more particuiarly described os fallows: Commencing at the Saulheast corner of said Troct "A'. Indigo Lakes Orive; lhence North' 89'56'00" West, along the Soulh righl-of-way line of Tract "A", Indigo Lakes Oriv", for 0 distance of 60.05 feet la the POINT OF BEGINNING; thence continu" along the South right-of-way line of said Trod "A", Indigo Lakes Drive, North B9'56'00" W"st, for a dislance of 48.54 feel; thenc" Narlh 02'15'33' Weet. for 0 distance of 111,10 fe"t. to a point of th.. Norlh righi-of-way line of said Trad "A", Indigo Lakes Drive; lhence Soulh 89'56'00" Easl. continuing along the North right-of-way line of soid Tract "A", indigo Lakes Drive, far a di.tance of 4B,54 feet; thence South 02'15'33" Eost, along lhe line 60.00 feel We.teriy of and running parallel with the W"sterly righl-af-way line of County Road 951 (C.R. 951). far a distance of 111,10 feet to the POINT OF BEGINNING. Contcinlng 0,12 acres, mare or less. ¡ \ 7 -/1) -fJ J (OATE SIGNED) ClIrNT, Nor VALID WITHOUT THE SIGNATURE AND THE DRGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4l DESCRIPTION DR/l'fWAY RESTORATION EASélJEfoIr l11U' , DAT£¡ 07/20DJ PROJECT NO.: "'6015-005-000 FILE NO,: 2L-812 CD NO> II) WI ~~ a..(/) (/)W W'-" ~a.._ I'"> WI'"> 6~'t- DOl!) "'0 E. CD I- ffi!;¡:O CD -" -1 Wa.. 1r" - ~ N >. ~ ~(/)I fW"*" -~(/) O~W I '-" LW< ",~a.. ß8ô ",I'"> &-ffi~ 1-'0 "'IDO , ID CD U::e~ e :5 ..... a. Pege\of~ I I « £:) æ o -'0 "-0> II) - ~~ :;>11) o U(I) w ffi~ ::¡a.. -' o· U~ II) "-~ o £:)~ ~8 OCD CD· cr: c5Ó o :r: U (I) r <D .>. P.O. . ~ <D ~ 20' L.B.E. --,-- L193 INDIGO LAKES UNIT ONE PLAT BOOK 34. PAGES 76-84 REVISED 10-13-03 - REVISED DESCRIPTION .ROJECT NO., 6506 ....CEl. NO. . 149 Wil.Mille'M'~W- -"~'IIi:oIagIoIo'~'~-'~~ ~,m. ..... l'øfllln· _, _._ ...,....,I.0Io..., ......__ __,,.._, ___ Sop 25, 2003 - 15:03:09 IAlAMuRE!X:\SUR\NtI015\951od100.dw9 -- a f- U <:t e= ~ o ~ o o .-t ....... .-t lO (j) ~ u '-' .-t lO (j) ~ -< o ~ f:: z ::> o u rJ ~ ~ ~ ~ u I I \ CUt:NT: 'JTI\.B DATE~ 07/20OJ PARCEL NO. I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L193 L194 L195 L196 DESCRIPTION: LINE TABLE LENGTH 65.05 667.50 65.05 667.50 A portion of Section 27, Township 48 South. Range 26 East. Collier County, Florjda, also being 0 portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described os follows: .-t lO (j) BEGINNING at the Southeast corner of Tract "R-1", Pebblebrooke Lakes, os recorded in Plat Book 30. Pages 4-12 of the Public Records of Collier County, Florida; thence South 02'15'33" East, along the Westerly Right-of-way line of County Road 951 (C.R. 951), far a distance of 667.50 feet, to the Northeast corner of Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 76-84 of the Public Records of Collier County, Florida; thence North 89'56'06" West, along the North line of said Indigo Lakes Unit One, for a distance of 65.05 feet; thence North 02'15'33" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951. for a distance of 667.50 feet. to the South line of said Pebblebrooke Lakes Phase 2B; thence South 89'56'21" East, along the South line of said Pebblebrooke Lakes Phose 2B, for a distance of 65.05 feet to the POINT OF BEGINNING. P:.! u ;;;~~;¡~' " 0'" ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA LlC. NO. 6065 /qJ;¡b i?- (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 FEE SIMPlE INTEREST + N 25 50 100 GRAPHIC SCALE I 200 ~- o COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESC~PTlON PROJECT NO.: N6015-Q05-000 FILL NO.: 2L-812 -~-- (I) NIX) on tAl <l:r- Ion e.I/) w "'0 ""'<I: ~e. ...J . ..-, w..-, '" 0,", 00 cr:O (J)(J) W ...Jf- (1):5 ÔO- e. t- O , l!) lí) '¢ to I--- o -J lí) to I--- o --J - L201 EXHIBIT -L PegtJ&- of..23- 'J- o 25 50 PROJEC'T NO.: ~--~------ "'- ~ ~ N >-- ~ o I ~I/).,. IW -"'I/) ?:5t5 l:W<: ",,,,0.. OC 0 . ~OO ",,,, 'CD ~W'" I...JO .cr: (J) 0 - (I) CD ~W oCLI- o <I: ~ ...J f- 0.. L197 r r I'-..) o cD o ()) INDIGO LAKES UNIT 1 - PLATB'õOK: 34 4 PAGES, 76-84 N I 100 200 65061 PARCEL NO. ' ~\\ o ~ ..... 0 I _____ D::: ;c:; ....J I Q') « Z « u D::: U '-" ..... If) Q') P.O.C P.O.S ..... If) Q') o <: o D::: >- E- Z ;::J o u D::: u 1-71.00' I EXISTING WEST :;"" \ L199 a t- U <:( 2: PARCEl~g~ Item , This is not 0 c:rrch . survey. Page 2. 8asis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. NOTES: 3. Subject to easements, reservalions end restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.08. represents Point of 8eginning 7. PO.C represents Point of Commencement 8. O.R. represents Official Records. DESCRIPTiON: A portion of Seclion 27. Township 48 South, Range 26 East, Collier County, Florida, also being 0 portion of those lands described in a.R. Book 1579, Pages 589-590 of Collier County, Florida: being more particularly described os follows: Commencing at the Southeast corner 01 Pebblebrooke Lakes Phose 2B os recorded in Plot 80ak 33, Pages 57-58 of the Public Records 01 Collier County, Florida; Ihence N.89·S6'2'''W. along the South line of Pebblebrook Lakes Phose 28 0 distance of 5.00 feet to the PONT OF 8EGINNING; thence South 02'15'33" Eosl, along a line 65.00 feet Westerly of and running parallel with the Westerly Right-at-way line at County Rood 951 (C.R. 951), for a distance of 667.S0 feet to jts inlerseclion with the North line of Indigo Lakes Unit 1 os recorded in Plat Book 34 Pages 76-84 of the Public Records of Collier County, Florida: thence North 89'S6'06" West, along the North line of said Indigo Lakes Unit 1 for 0 distance at 6.00 feeti thence North 02'1S'33" Wesl, for 0 distance of 667.50 feet, to ilS intersection with the South ',ne at said Pebblebraoke Lakes Phase 28; thence South 89'S6'21" Eost, along said South line, for 0 distance of 6.00 feet to the POINT OF 8EGINNING. Containing 4,OOS.00 square feet or 0.0919 acres. more or less. ;A- 1- 00 , (DA~E SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 LINE L197 L198 L199 L200 L201 LINE TABLE LENGTH 5.00 667.50 600 667.50 6.00 BEARING N8 '56'21"W S02'15'33"E N89'S6'06"W N02'15'33"W S89'56'21 "E J .U~, UAI... NON-EXCLUSIVE SLOPE ItIIÐ UTIJ1Y EA8EI8IT 549 Wi/.",iller" Plannl.'tl'! EfIl)i.'~M EL'OlOj,list" StJl'\'1lyMo'· LIIlIdSCllj)IJ À/t1!Îffli11i ímI1~pc.rtn!lt)J1 C(J,~,~uIfar.s WdsonMü/or. Inc. ~ Faf1lwrt. 5,t,'tS<JfI .&.úm~1 MØ¥I<I ~~L;n,S¡;;¡f2f» J¥i(ót1.,Í(I.-tu3J!G5-Þ5t1.~},t~~4~ ;1.Ii.1WJ.PI~ ¡;w..s.i!II'....-il'r~:iefrorN 1010' 24, 2004 - 13:06:44 MLAMUREIX:\SUR\N60\5\95\.dl00.dw~ ,~'""¡¡i;_;;"'""""",,,',"''"'';'"'"''''''''''-''''' CLIENT' COLLIER COUNTY DEPARTMENT OF TRANSPORTATION TITlE' SKETCH de DESCRIPTION SIDE SLOPE EASEMENT DATE: PROJECT NO,: N60 75-005-000 f'llE NO.; 2L-812 o,10C 2, 005 4 f 87 02/2005 I.[) f- ~ 0 f- <t ....JtL ..13- en 0 g: NOC> Ul WI (!) D (/1r-- :fUl I.[) ~ N >- 0..(/1 !iVJI w (/1c.;J IW" ~ w...: ->'::(/1 50... 0"': W 0 \-'c.;J \~ n ".i:W< p:: wn 0'>.::0.. '" ß8ó '0 0'" 00 Ct:n 0 p:: Ct:o '00 0000 -w'"' ...... I,..:¡ W 1-'0 -'I- Ct:OOo ¡g::s ;_~CI:I -. 1< ...... wo.. 00.. t- tD Z a.. e :'5 CD < I- 0.. U 0::: ...... U tD ~ CD ...... ¡:¿ tD CD U 0 < 0 0::: >- E-- Z ~ 0 U 1-76.00, I r r i'J 0 <D 0 OJ EXISTING WEST ROW LINE 1/ rNDIGO LAKELUN.!L 1 PLAT BOOK: 34 PAGES: 76-84 N IJ- I o 2:!1 50 100 GRAPHIC SCALE REVISED 01-02-05 REVISED 10-13-03 'ROJ'CT NO.. 6506 I ~ CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCl1ON) LINE TABLE LENGTH 11.00 667.50 5.00 667.50 5.00 L199 a I- U <:( g: 200 REVISED LOCATION REVISED DESCRIPTION 'ARC" NO. . 74 9A CUENT: Wi/.MI//era PlfJ'Wn f~ fa:;¡Þgi~e:,. SlJtVf.yors..I..w:!lt.lJlðArcNlOO$ kill11(JortIIIIoIlCo/Uulloir!1& Wi/SOfIMlflfH, Inc. h_ Fod.u:~. $M;MJtr .h,lfiI'Jb'I ....,. I:OOBdtyu:II.SuMm Ml¡Au,FUWJ::(¡;l56"·Pi~,mõfUJ4l) F~2'.ÐMW~ 1tIrIb-$W'."·.r..mliløfØII TITLE; "'or 24, 2004 - 13:06:44 LI(A"uR~lx:\SUR\N60'5\!lSI.dtOO.dw9 DATE; 07/200.3 PARCEL. NOAqéhðiltem No, 1 DC , ---,:¡fãrch 2, 005 1. This IS not 0 survey. Page 75 f 87 2. Sasis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. NOTES: .3. Subject to easements, reservations and restrktions or record. 4. Eosements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right -of -Way, 6. P.O,S. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. OR. represents Official Records. DESCRIPTION: A portion of Section 27, Township 48 South, Ronge 26 East, Collier County, Florido, also being a portion of those lands described in O.R, BooK 1579, Poges 589-590 of Collier Caunly, Florida; being more particularly described os follows: Commencing at the Southeast corner of Pebblebrooke Lakes Phose 28 os recorded in Plot Book 33, Pages 57-58 of the Public Records of Collier County, Florida; thence N .89'56'21 "W. along the South line of Pebblebrook Lokes Phose 2B 0 distance of 11.00 feel to the POINT OF BEGINNII\;G; lhence South 02'15'33" East, along 0 line 71.00 feel Westerly of and running parallel with lhe Westerly Right-of-way line of County Road 951 (C.R. 951), for 0 distance of 667.50 feet to its intersection with the North line of Indigo Lakes Unit 1 as recorded in Plot Book 34 Pages 76-B4 of the Public Records of Collier County, Florida: thence North 89'56'06" West. along the North line of soid Indigo Lakes Unit 1 for a distance at 5.00 feet; thence North 02'15'33" West, for 0 distance of 66750 teet. 10 its intersection with the South line of said Pebblebrooke Lakes Phose 28; thence South 89'56'21" Eost, along said South line, for 0 distance of 5.00 feet to the POINT OF BEGINNING. ' feet or 0.0766 THE FI,R'M) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 LINE L197 L19B L199 L200 L201 BEARING N89'56'21"W S02'15'33"E N89'S6'06"W ND2'15'33"W S89'56'21 "E COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION T£:MPORARY CONSTRUCT/ON £AS£:M£:NT PROJECT NO.; N60f5-0æi-OOO fiLE /oKI.; 2L -8 12 PARCEL NO. 65061 PARCEl. NO. , 7498 Wil."illel-·~W- -.. ~. fi»IIuI*.,,-- ,lftIocIpo_. ~~ ~,1'Ic. ...¡;,.....-.-.,.. .....,.""'..."".---.--.,..-.-- SO> 24, 2003 - 14:17:05 IoI\.a.MUREX;\SUR\N8015\95hd100.dWQ tD NO:¡ If') WI ~:iì 0..(J) (J)W W~ ~o.. :5 _ '" W'" ~ O~ 00 "'0 aJaJ ~ aJ5 e30.. 0.. 1.0 lIJ ~ N >- ~ ~(J)I IW'" -~(J) °:'JW I c:> 1:W< ",~o.. ¡¡::O - ~OO ",,,, , CD ~W~ 1-'0 P::cegg ~W Uo..,.., ~ :5 >- 0.. f- o .....I r N o VI PARCEL 74gB 4 N ~ a 25 so 100 GRAPHIC SCALE I 200 ------ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO.: ""'¡'~~,"'idll<ilölit!lOlM"_~"~".',, \..¡J en -.J a 0,0.¡ \ :7 ~ \~ ~ 0 ~ 0 ~ ..... ,.--.. u ..... lD ..... C) lD C) ~ p:; u '-" u ..... lD C) ~ o ~ ~ z :::> o u I EXISTING I WEST \ \ eo. ""' ( I a I- U ~ CVENT: TT1UO NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 5. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. DESCRIPTION: A' portion of Section 27, Township 48 South, Range 26 East, Collier County, Flarida, also being a portian of those lands described in O.R. Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described os follows: Commencing at the Southeast corner of Pebblebrooke Lakes Phose 2B as recorded in Plot Book 33, Pages 57-58 of Collier County, Florida; thence N89·55'21"'N. along the South line of Pebblebrooke Lakes 2B, 0 distance of 5.00 feet; thence South 02'15'33" East. along 0 line 65.00 feet Westerly of and running parallel with the Westeriy Right-of-way line of County Road 951 (C.R. 951), for a distance of 197.23 feet to the POINT OF BEGINNING; thence continue along said line, South 02'15'33" East, for 0 distance of 125.00 feet; thence South 87'44'27" West. for 0 distance of 56.00 feet; thence North 02'15'33" West, for 0 distance of 125.00 feet; thence North 87'44'27" East, for 0 distance of 56.00 feet to the POINT OF BEGINNING. Containing 6,999.92 square feet or 0.1607 acres. more or less. DR THE FIRM) q -,) c¡ -0 '/ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 143 LINE L202 L203 L204 L205 L206 L207 LINE TABLE LENGTH 5.00 197.23 125.00 56.00 125.00 56,00 BEARING N89'56'2'''W S02'15'33"E 502' 15'33"E S87'44'27"W N02"15'33"W N87'44'27"E COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESC~PT10N ORfl/EWAY RESTORATION o,sE:Mf:NT DATE:: rJ7/Z00J PROJECT NO.~ N6rJ1S-0rJS-ooD nlE ~O.: 2L-812 ~ N ,.., ~ ~",I I"'''' -,!;", o~", I t!) t~c: ~gò ~t') ':.-æ~ 1--'0 QOIDO . ID CC .....W otLo- ~ :S I- tL P~C It) tL", ,,..., u¡W ~J w~ I.[) ~ 0... f-. ""0 '<t- '" -J I.[) 85 QOO f-. cc cc o'jl- -J cc:s -.-ffi º'- 0.. "" o æ o --'0 ....0> . It) ~J. ð~ üv) '" ~t!) W"" :]0.. --' O' ()~ ....It) o~ 0'" ~8 OCC CD· ~ --" DO o :I: Ü V) r N o <D ---- INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-64 ---- - ~ p:: o o ..... -.. ..... ¡(,) 0) p:: c.;) '-' ..... ¡(,) 0) ~ o p:: ~ Z ;:J o () EXISTING WEST ROW LINE V a I- U « ~ ~ p:: ~ ~ () LINE L206 L209 L210 L211 L212 L213 ..... 10 0) ~ () NOTES: 1. This is not a survey. -- o. ~OC ,2005 7 of 87 PARCEL NO 4 N '.-1 I o ~ ~ 100 ~ GRAPHIC SCALE LINE TABLE LENGTH 5.00 591.66 75.84 40.03 74.22 40.00 BEARING N69'56'21 "w S02"15'33"E 502"15'33"E N69'56'06"w N02'15'33"W N8T 44' 27"E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point af Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. DESCRIPTION: A portion of Section 27. Township 48 South. Range 26 East, Collier County, Florida, also being 0 portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier County. Florida: being more particularly described os follows: Commencing at the Sautheast corner of Pebblebrooke Lakes Phase 2B os recorded in Plot Book 33. Pages 57-58 of the Public Records of Collier County. Flarida; thence N.89·5S'21"W. along the South line of Pebblebrooke Lakes Phase 2B, a distance of 5.00 feet; thence South 02'15'33" East. along a line 65.00 feet Westerly of and running parallel with the Westerly right-of-way line of Country Rood 951 (C.R. 951), for a distance of 591.66 feet to the POINT OF BEGINNING; thence continue along said parallel line Sauth 02'15'33" East, far a distance of 75.84 feet, to its intersection with the Northerly line of Indigo Lakes Unit One, os recorded in Plat Book 34. Pages 76-84 of the Public Records of Collier County, Florida: thence North 89'56'06' West, along the North line of said Indigo Lakes Unit One. for 0 distance of 40.03 feet: thence North 02'15'33" West, for 0 distance of 74.22 feet; thence North 67' 44'27" East, for 0 distance of 40.00 feet to the POINT OF BEGINNING. squar~ k0669 acres. ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA LlC. NO. 6065 /Ø-.:¡./;;Ì--- (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION DRMWAY RF:5TORA71ON E:AS£'(ENT cuoo, m.., DATE: 07/200J PROJECT NO.: N60' 5-005-00[) AI.! NO.: 2L-812 TEMPORARY DRIWI\tlV RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) REVISED 10-13-03 REVISED DESCRIPTION REVISED 09 24 03 PROJECT NO., 6506 PARCr, NO. , 749D Wil.Millel·-~UW- ,...,...," ~'5ooiIrII*' ~. L.wIdIcopo_. ~~ 1IIoc:inIoIor..... "'.FotIIIn·_'_·""" ....,.,!.Ino...1JJIJ·...__·__·N_·_ __ Sop 25. 2003 - 15:03:09 Io!I.A!ooIUREX:\SUR\N8015\951od100.dwg Agenda Item NO.1 DC March 22. 2005 Page 78 af 87 >- f- U Tror;l "6" <>: PEBBLEBRCOKE LAKES go PLAT BOOK 3D. PAGES 4-12 lû lû f- ~ a '" -.J N:¡; U) WI lû ~~ <L", "'W ~~ f'.- I ~. ~ "' I lû ~"' U O¥ f- 00 0:0 U Ô'" <{ ~~ Q:: ¡j55 >- wo. \ "- PARCEL 752 CD GJ W >- -;::, ~ (JJ 0Ci >- a o I ;:"'''' ~~ <1:: lfì U -..J IW ::r: I' « lû 15~ Q f'..go >- %,~êf æ~ (JJLO a ¡Yo . -00 W(JJ -..J a:"' ~~ô~ "Cw lû I~O :Et <1::0 "''''0 . "'ID tjA. ti~1- 2 :5 ~ (L WOI' 24, 2004 - t.):06:44 YlMIuREtx:\ SuR'\ N6Q' 5\ 9~ 1 ,d 1 00.<1_1) I ;;: , \ 0 :7 I c:t: "0 I 0 \ ..... \g ~ :õ 0> ....::i ~ <: z 2- <: u :õ :õ 0> 0> 0 I ~ <: 0 u c:t: I Y ;>-< \ E- Z ;:J 0 u DESCRIPTION: The Easterly 4622 fee~ of Tract R. RocKJedge Drive. Pebblebrooke Lakes Phose 28. according to the Pial therl".:of, os recorded in Plot Book 33, Pages 57-58 01 the Public Records of the Collier County, Florida; being more particularly described os follows: BEGINNiNC at the Northeast corner of said Troct R; thence South 02"15'3'" Eost. for 0 distance of 60.00 feet; thence South 8744'29" West. along the South right-of-wcy lifle of Rockledge Drive, lor 0 dis1ance of 46.22 feet; thence North 02°15'31" West 60.00 'eel, to the North line of said Troct R; thence ""crth 8744°29" Ecst, along the North right-of-way 1''''Ie of Rockiedge Drive, for a distance of 46.22 feet to the POINT or BEGINNING. Containing 2773.20 sq. feet 0.0637 acres, more or less. LINE L255 L256 l~257 L258 LINE TABLE LENGTH 60.00 46.22 60.00 46.22 BEARING 502"15'31"[ SB7"44'29"W N02°1S'31"W NB7" 44 '29" E TEMPORARY DlWEWAY RESTORATION EASBEMT (DURATION: ~ ~~....-.tW) ~NTOF"""""'nuv'~" REVISED PER COUNTY COMME.NTS 03/05 65061 752 Wi,-"il,.. . f~ f~Srr.vi'D"0~MM&ttI ~'O"Cal&ub/I!S WItsonhfller,loc -"ØII F!rt"""os-s. ~ Json :;vJ_~,s..t.~ ,""RrdI)ItIU91-°o1t_~ F.nuo5}:f 1'M6-.fiiI_~.' + N t.,¡- o 2:> 50 ~ 100 GRAPHIC SCI NOTES This is not a survey 2 Basis of bearing is the West line a Rood 951 (C.R. 951) being N 02"15'31' Florida Stote Plane Coordinates NAO 83 Zone 3. Subject to easements, reservc·;ons restr:ctions or record 4. Easements shown hereon <- unless otherwise noted 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginnin~ 7. P.C.c. represen~s Point of Commer THE FIRM: 3 "4-0; (DATE SIGNED) NOT VALID Wl1HOUT THE SIGNAl"URE AN QRGINAL RÂISED SEAL OF A FLORIDA LI SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 COlliER COUNTY DEPARTMENT Or TRANSPORTATION SKECTH &: DESCRIPTION DfM.£WAY R£STORArlON CASOKNT DAT[' 03/2005 PROJECT roc H60 r 5-005-000 EXHIBIT .1L ~. \ Agenda Lm EXISTING P.~ 01..23- SIDEWALK o. OC EASEMENT II March , 05 Page 9 87 <1:: '<t I ~ I N U1 q <1:: I 01 .-J rr) ,-.. cr 0- .. ~ Uì .-J W W [TI 0 4: Ii z ::.:: ü 4: rr) 0 <1:: à ü 0 0- f- 0:::: 0 0 m ~ <11 .-J to ......, (j) w rr) .-J ~ m <11 m m (j) ü w 0- cr ~~ 0- U ~ I TEMPORARY DRIVEWAY RESTORATION EA8EMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) DESCRIPTION: NOTES: A pDrtiDn Df LDt 3, PebblebrDDke PIDza, accDrding tD the Plat thereDf os recorded in Plot BDDk 36, pages 3 - 4 Df the Public Records Df Collier County, Florida; being more particularly described as follows: ,. This is not 0 survey. COMMENCING at the Northeasterly corner of said Lot "3"; thence South 02'15'31" East, 0 distance of 356.30 feet to the POINT OF BEGINNING; thence continue South 02'15'31" East, for 0 distance of 125.00 feet; thence South 81'44'29" West, a distance of 62.00 feet; thence North 02'15'31" West 125.00 feet; thence North 87'44'29" East, far 0 distDnce of 62.00 feet to the POINT OF BEGINNING. 2. Basis of bearing is the West line af County Rood 951 (C.R. 951) being 5 02'15'31" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. Containing 7749.94 sq, feet or 0.'779 acres, more or less. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of CDmmencement. 8. O.R. represents Official RecDrds. 9. L.B.E, represents Landscape Buffer Easement. 10, U.E. represents Utility EDsement. n, -i. (FOR THE FIRM) LlC. NO. 5834 LINE L274 L275 L276 L277 LINE TABLE LENGTH 125.00 62.00 125.00 62.00 BEARING S02'15'.3'''E S8T44'29"w NOZ15'3,"W N87'44'29"E + N I 200 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 REVISED PER COUNTY COMMENTS 0.3/05 ~- o 25 ~o tOO GRAPHIC SCALE PROJECT NO.' 65061 PARCEL NO. . 7548 Wil.Mille'··""=- ¡:'Ianllllr$ Er.{)I1'If1II:n E.ctJ~ SurWl'yas. LandKtlpf Ardl¡'trJcø JrM~ ConSI:JJtørJ" Wi/$OfIMiIJer, Inc. ,~ Fcrrllftrto SilUU '~I ~ J2OOBMr,tR,~2r» Nllpn,1bttIII34rlJ5.M01..Phaw1JU&.4CtW '",,;Jl.64U;:6 ~ft1N.~.CQ1'¡ COWER COUNTY DEPARTMENT OF TRANSPORTATION SKtTCH de DtSCRIPTION /0/200J PROJECT NO. N60/5-005-000 fiLE ND.: 2L -812 IA., 24. 2004 - 13,06:44 IAUMUREfX:\SUR'\N80'5\95'Id'OO.dw9 Agenda Item NO.1 OC March 22, 2005 Page 80 of 87 MEMORANDUM DATE: March 9,2005 TO: James V. Mudd, County Manager Commissioner Fred W. Coyle, Chainnan, District #4 Commissioner Frank Halas, Vice-Chairman, District #2 Commissioner, Tom Henning, District #3 Commissioner, Donna Fiala, District #1 Commissioner James N. Coletta, District #5 FROM: Norman E. Feder AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Collier Boulevard from Golden Gate Boulevard to Immokalee Road, Project No. 65061 On February 22, 2005, the Board of County Commissioners will consider for the third time the adoption of a Condemnation Resolution for the property interests necessary to six-lane Collier Boulevard :tTom Golden Gate Boulevard to Immokalee Road. Refinements in the project design have been made for the purpose of saving expenditures on right-of-way, and several project parcel legal descriptions have been revised accordingly. As a result, staff will recommend that Resolution Nos. 2003-335 (related to stonnwater retention and treatment pond sites) and 2004- 182 (related to the balance of the right-of-way nece$sary for construction of the six-lane improvements) be rescinded and superseded by a third resolution authorizing the condemnation of land and easements required for the project. This three-mile project includes a divided six-lane roadway, with bike lanes on both sides and a sidewalk along the west side of the roadway. To the east, the road is bordered by a canal. This memorandum contains vital infonnation that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. The purpose of this memorandum is to supplement and recap the documentation previously presented to the Board. Page 1 of4 """",""¡"~....';,;¡,~..""_.,..""..",.,,,,",.,..., Agenda Item No. 10C March 22, 2005 Page 81 of 87 In addition, the County Attorney advises that the Board must consider the following criteria when adopting the condemnation resolution: 1. Alternate Routes The need for additional north-south arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. The addition of Livingston Road has provided traffic relief west of the Interstate. East of the Interstate is Golden Gate City and the Golden Gate Estates, where opportunities are limited to the existing roadway alignments. The Santa Barbara/Logan Corridor is planned for extension both north and south. Collier Boulevard is being studied for extension into Lee County. Capacity improvements are cUITently planned for Immokalee Road, Vanderbilt Beach Road, and Santa Barbara/Logan. Collier Boulevard from Golden Gate Boulevard to Immokalee Road is the last remaining piece of two-lane roadway. To meet cUITent and future capacity needs, the only viable alternative is to widen Collier Boulevard to six lanes at this time. 2. Safety Factors The design of the Collier Boulevard improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Unifonn Traffic Con1rol Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. 3. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs and safety. Alternative improvements are considered on a network wide basis by the MPO and Collier County Transportation when they program these projects. Consideration of alternative routes and improvements was an integral part of the development of the LRTP. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for upgrading Collier Boulevard has been identified. The project improvements are consistent with CUITent and near future travel demand needs and the availability of financial resources. Page 2 of4 ",,,,,,,,,,",,,,,,,,,,~-$I'''''''';-''"'''''"''.<..;..''' Agenda Item No. 10C March 22, 2005 Page 82 of 87 Originally proposed to be four lanes from Golden Gate Boulevard to Vanderbilt Beach Road, the Board subsequently approved the six-laning of Collier Boulevard over its fu1l1ength at the December 17, 2002, Board meeting. 4. Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Collier Boulevard from Golden Gate Boulevard to Immokalee Road will have minimal environmental impacts. The project has been coordinated with both the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered Species Survey was conducted with negative findings. The project has also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey was conducted, and a determination has been made that wetlands are not impacted by this project. Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds and developing the surface water management system. The use of detention ponds at the chosen location has a lesser environmental impact than using lateral ditches. Other sites did not provide viable options. As a result, this project will use detention ponds for water treatment and attenuation. The ultimate stormwater discharge point for this project is the 951 Canal. There has been coordination with the SFWMD regarding surface water drainage issues, and the application for the Environmental Resource Permit for this project has been submitted and is currently under their review. 5. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The typical section for the project includes a six-lane roadway with bike lanes on both sides and a sidewalk along the west side. South of Vanderbilt Beach Road, model home sites and the residential lots of the Golden Gate Estates bound the corridor to the west with a canal to the east. North of Vanderbilt Beach Road, there is a mixture commercial and residential development with schools and shopping centers to the west, with residential development to the east of the 951 canal. The roadway section has been nùnimized to avoid the taking of additional right of way, while providing for safe and efficient pedestrian and traffic flow. As a result, construction costs and the maintenance of traffic costs during construction are Page 3 of4 Agenda Item No. 10C March 22, 2005 Page 83 of 87 minimized. Of course, during the cost / benefit analysis phase the "do nothing" option is always one of the alternatives considered. While difficult to quantity with absolute precision, the "cost" of traffic congestion on the roadway's users is always a factor when studying the cost and feasibility of any roadway project Construction on this two-year project is planned to commence in fiscal year 2005. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. cc: Leo Ochs, Assistant County Manager David Weigel, County Attorney Don Scott, AICP, Director, Transportation Planning Department Gary Putaansuu, P.E., Senior Project Manager, TE&CM Department ,,- Page 4 of4 Agenda Item NO.1 DC March 22, 2005 Page 84 of 87 TECHNICAL MEMORANDUM Collier Boulevard (CR-951)-Drainage Analysis CH2MHIlL PREPARED BY: Collier County Transportation Engineering and Construction Management Department Steve Wallace, P .E. PREPARED FOR: SUBJECT: July 21, 2003 Collier Boulevard (CR-951) Widening Project (65061) Collier Boulevard - Drainage Analysis DATE: The Collier County Transportation Engineering and Construction Management Department and the Board of Collier County Commissioners planning to widen the Collier Boulevard (CR-951) roadway from Golden Gate Boulevard to Immokalee Road (CR 846). CH2M HILL was tasked by Collier County to prepare the roadway design and associated drainage and to permit the proposed improvements. The Collier Boulevard design is currently at 60% completion (phase II milestone). Proj ect Description Collier Boulevard (CR-951) is located in the west central Collier County and is currently under design to improve the existing roadway from a two lane rural arterial to a six lane urban collector. The following are the 3 major intersection crossings along the CR-951: 1. Immokalee Road, 2. Vanderbilt Beach Road, and 3. Golden Gate Boulevard. Collier Boulevard is predominantly populated with small businesses and residential developments to the west and the 951-Canal, under jurisdiction of the Big Cypress Basin (BCB), to the east The proposed stormwater management system design is based on the South Florida Water Management (SFWMD) criteria. Pond Selection Criteria The proposed stormwater management system for the roadway is divided into 6- drainage basins. Within each basin, Œ2M HILL designed the on-site drainage system and strategically placed stormwater management ponds based on the following four criteria: I. Pond Selection Criteria Outline A) Hydraulics . Basin divides Agenda Item NO.1 DC March 22, 2005 Page 85 of 87 · Sizing of pipe runs · Historic conveyance · Flooding potential B) Environmental · Wetlands . Wild life habitat · Permitting agencies requirements C) Constructability · Pond depths and Seasonal High Water (SHW) · Construction Costs · Joint-use agreements with private developers adjacent to project D) Property Acquisition · R/W limits (parcels) · Future widerùng & growth · Collier County Land Development Code IT. Stormwater Ponds Selection Process This process was used to evaluate and determine the potential pond locations. · Evaluate basin boundaries and set limits based on existing topography and existing drainage divides · Determine the stormwater runoff volume for each basin · Calculate the size of the required stormwater pond based on the volume and storage/ discharge requirements (hydraulics) · Based on the seasonal high water elevation and existing topography, determine overall pond size including berms, set backs, etc. · Review available parcels and choose potential locations · Design ponds with input from the County's R/W personnel to minimize parcel impacts · Evaluate wetland/ environmental impacts · Design drainage pipes lengths based on hydraulic grade line and determine minimal drainage pipe sizes · Review stormwater pond constructability with regard to Geotechnical information (borings taken) · Review stormwater pond and drainage structure location/elevations with the SFWMD. · Modify stormwater pond areas based on the County and the SFWMD input Agenda Item No.1 OC March 22, 2005 Page 86 of 87 . Re-check calculations to assure hydraulic parameters are adequate . Finalize stormwater pond locations, cost effectiveness and most practical option Proposed Drainage Design The existing drainage patterns are distinct and can be divided into the following six drainage basins. Basin 1 - Sta. 70+00 (Golden Gate Blvd.) to Sta. 95+00 Basin 2 - Sta. 95+00 to Sta. 123+00 Basin 3 - Sta. 123+00 to Sta. 153+60 (preswick Lane.) Basin 4 _ Sta. 153+60 (Preswick Lane.) to Sta. 182+00 (Triangle Bay Dr.) Basin 5 _ Sta. 182+00 (Triangle Bay Dr.) to Sta. 211+00 (pebble Brook Lakes) Basin 6 _ Sta. 211+00 (pebble Brook Lakes) to Sta. 229+30 (Immokalee Rd.) The following is a discussion of each drainage basin and an overall summary of the proposed stormwater management system. Basin 1 - Sta. 70+00 to Sta. 95+00 Basin 1 is approximately 2pOO feet long beginning at the Golden Gate Boulevard intersection heading north. Pond selection in Basin 1 was reduced to a single parcel. All other parcels in Basin 1 are either occupied by private residence or not large enough to accommodate the proposed pond. The hydraulic requirements were verified and the available parcel was deemed an acceptable location for Pond 1. This site will not present cause environmental impacts. Basin 2 - Sta. 95+00 to Sta. 123+00 Basin 2 is approximately 2,800 feet long adjoining Basin 1 heading north. There are 2 available parcels in Basin 2. Both parcels meet the hydraulic requirements for the stormwater management system design. The pond selection was made as a result of the property owner expressing interest to the county to make the parcel available for sale. Basin 3 - Sta. 123+00 to Sta. 153+60 {Preswick Lane) Basin 3 is approximately 3,160 feet long and is located north of Basin 2. The stormwater management pond for this basin will be constructed as part of the Vanderbilt Beach Road (VBR) proposed improvements project. The pond site was Agenda Item No. 10C March 22, 2005 Page 87 of 87 selected during the VBR design process and incorporated into the construction plans. Basin 4 - Sta.153+60 to Sta.182+00 (Triangle Bay Dr.) Basin 4 is approximately 2,840 feet long and is located to the north of Basin 3. There are 3 undeveloped parcels within this drainage basin that are suitable for the siting of the stormwater management pond. The southernmost parcel is planned for commercial development. The northwest corner is planned for a school/ church. The parcel to the north is planned for a fire station. Due to hydraulic constraints, the parcel located on the northwest corner is the preferred pond. The pond site selection also considered the feasibility of displacing the church site to the west to accommodate the pond site. Basin 5 - Sta 182+00 to Sta 211+00 (Pebble Brook Lakes) Basin 5 is approximately 2,900 feet long and is located to the north of Basin 4. There are 2 parcels of land that may be suitable for the siting of the stormwater management pond. These two parcels are owned by the same person. The pond site selection, adjacent to the middle school, was based on the hydraulic constraints of the stormsewer design, minimizing the length of the stormsewer to the north. Additionally, the site just to the south of the pond location would be more attractive to future developments not being adjacent to the school. Basin 6 - Sta 211+00 to Sta. 229+30 (lmmokalee Rd.) Basin 6 is approximately 1,800 feet long and is located to the north of Basin 5. All the parcels of land in Basin 6 are occupied by small businesses and/or private residence. Only one parcel of land is available for the proposed stormwater management pond. ,..........-- Agenda Item NO.1 00 March 22, 2005 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed House Bill 1173 and Senate Bill 2302 relating to new regulations controlling the implementation, collection and expenditure of impact fees by local governments that will have a detrimental effect on the county's ability to provide necessary and required growth-related capital improvements OBJECTIVE: Recommendation that the Board of County Commissioners adopt the attached Resolution to express opposition to House Bill 1173 and its Senate counterpart, Senate Bill 2302. CONSIDERATIONS: Proposed House Bill 1173 and Senate Bill 2302 propose to create a new Section 163.3219, Florida Statutes, related to it;npact fees, including, but not limited to, criteria for the appropriateness, amount and collection of impact fees, credit calculations, data to be used when establishing impact fees, timing for the implementation of new impact fees and rate increases, limits on administrative fees, requirements and timing of refunds and requirements for payment of impact fees, in full or in part, at the first real estate closing after the issuance of a Certificate of Occupancy (CO). In cases where the impact fees are paid in part, the remaining balance will be assessed as part of the local tax bill for the property over 10 to 20 years. This proposed addition of Section 163.3219, Florida Statutes, severely erodes the authority and ability of all local governments to plan, manage and fund construction or improvement of public facilities necessitated by growth. The proposed legislation attempts to create standards that are vague and unjustified and essentially would invalidate many current impact fee ordinances without providing direction as to how such current regulations could be amended with respect to the proposed legislation. Proposed HB 1173 and SB 2302 would create oppressive restrictions on the implementation of impact fees/increases. The proposed six-month statutory delay in implementing new impact fees and impact fee rate increases after final approval of enacting ordinances would render unmanageable and ineffective Collier County's existing provisions for annual impact fee indexing adjustments, which were established to provide scheduled, predictable rate adjustments and were designed to avoid economic disruptions caused by large rate increases. The indexing increases are applied at the same time each year and are thoroughly reviewed by staff as well as the County's applicable advisory committees (productivity Committee, Development Services Advisory Committee, etc.). The indexing adjustments not only allow the County to keep fees consistent with increases or decreases in costs related to land, construction and materials, but also provides a schedule by which customers can utilize to plan and budget for changes in impact fees related to their construction projects. Additionally, Collier County already provides ample notice of all new fees and rate increases, as well as delayed effective dates, in order to give builders adequate time to apply for building "..r··..... ~-,-_....., ., HB 1173/8B 2302 Page 2 Agenda Item No. 100 March 22, 2005 Page2of19 permits prior to those effective dates and, thus, be subject to the lower rates in effect at the time of building pennit submitta1. Section 163.3219(6) would create the requirement for local governments that collect impact fees to allow for the payment of impact fees, in whole or in part, at the first real- estate closing after the Certificate of Occupancy for the property is issued, and the additional requirement that fees not paid in fuII at the time of real estate closing will then be paid over a 10-20 year period as a part of the local tax bill for the property. This proposed legislation provides language that is unclear and subject to interpretation upon application as it does not address upon what criteria impact fees would be paid in full or in part, what constitutes "in part," and by what authority such decisions would be made. AdditionaIIy, this proposed requirement not only places an undue administrative burden on local governments to accurately track, calculate and collect the requisite fees, and prepare detailed annual reports for State overseers, but also fails to address impact fee assessments on developments for which real estate closings are not applicable. Further, the proposed legislation provides for the payment of impact fees over extended time periods, but does not address the devastating effect such payment plans would have on conCUITency management and funding for capital improvements, which are mandated by State law to manage and accommodate growth. A key element of CoIIier County's Transportation Concurrency Management System is the collection of 50 percent of transportation impact fees at the time of final local development order and the remaining 50 percent within the foIIowing three years. The proposed legislation would nullify this provision of the County's Adequate Public Facilities Ordinance and severely restrict the County's capacity to fund improvements to increase road capacity in a timely manner. Existing Chapter 163.3202 (3), Florida Statutes encourages the use of innovative land development regulations which include provisions such as transfer of development rights, incentive and inelusionary zoning, planned-unit development, impact fees. and performance zoning, however, the proposed legislation does not properly balance the demand placed on public facilities by growth and the requirement for development to pay its fair share of such necessitated improvements against the requirements of the local governments to fund such construction and improvement projects. Therefore, the enactment of the proposed bills limits the County's ability fund the fair share cost of capital improvements necessitated by growth, the same which are statutorily required to be constructed by the County to manage and provide for the growth. Additionally, proposed House Bill 1173 and Senate Bill 2302, if enacted, does not have a "grandfather clause" pertaining to current impact fee regulations adopted by Florida Counties, and therefore all impact fee regulations that are not in compliance with the new provisions of proposed Section 163.3219, Florida Statutes, would be invalid as of July 1, 2005. The proposed legislation does not provided sufficient definition or detail of the new requirements and standards for developing impact fees and therefore a lengthy litigation process may ensue before such standards are defined. Upon detennination of a set of "standards", Collier County would then be required to update all impact fee regulations to comply with the new provisions of proposed Section 163.3219, however, fIB 1173/SB 2302 Page 3 Agenda Item No. 100 March 22, 2005 Page 3 of 19 in accordance with the proposed regulations, such changes may only become effective six months after their formal adoption. Therefore, until impact fees could be updated, Collier County would be unable to collect impact fees or operate a concurrency management program as the County would be unable to provide the scheduled and future capital facility improvements necessitated by growth. Such inability to adequately provide for growth would likely result in the County's requirement to limit the amount of growth/development approved until the funding issues could be adequately addressed and managed. GROWTH MANAGEMENT IMPACT: This Resolution will have no direct impact on growth management, however, Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." The enactment of the proposed bills limits the County's ability to fund the fair share cost of capital improvements necessitated by growth, the same that are statutorily required to be constructed by the County to manage and provide for the growth. FISCAL IMPACT: The attached Resolution has no direct fiscal impact, however, if the proposed Bills are enacted into law, the Fiscal Impact on Collier County's Impact Fee and Capital Plans will be immeasurable. The County's current impact fee regulations may not meet the new "criteria" being set forth by the proposed bills, and upon the enactment of the Bills on July 1, 2005, the impact fee regulations may be non-compliant. The proposed legislation does not provide remedy for existing Ordinances, but rather states that impact fees or impact fee increases will become effective six months after their formal adoption. Therefore, Collier County's impact fee program is in jeopardy of not only a large reduction in overall annual collection of impact fees, but also the costly requirement for an overhaul of all current regulations. LEGAL CONSIDERATIONS: The proposed Resolution is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board consideration and approval. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express opposition to enactment of this proposed legislation into Florida's General Law and direct staff deliver a copy of this Resolution to the Florida Association of Counties and to each member of Co Ilier County's Local Legislative Delegation. These companion Bills are moving through the Legislative process. If these amendments are enacted into law, they will negatively impact Collier County and all other local governments that assess and collect impact fees. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing Community Development and Environmental Services Division Prepared by: Phillip R. Tindall, Principal Planner - Concurrency, Transportation Planning Department, Transportation Service Division Item Number Item Summary Meeting Date Agenda Item No. 10D March 22, 2005 Page 4 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendation to adopt a Resolution opposing enactment into law proposed House Bill 1173 and Senate Bill 2302 relating to new regulations controlling the implementation. collection and expenditure of impact fees by local governments that will have a detrimental effect on the county's ability to provide necessary and required growth-related capital Improvements (Joseph K. Schmitt Administrator. Community Development and Environmental Services Division) 3/22/200590000 AM Prepared By Date Amy Patterson Community Development & Environmental Services Impact Fee Manager 3/14/2005 2:25:09 PM Financial Admin. & Housing Approved By Phill Tindall Transportion Services Principal Planner-Concurrency Date Transportation Planning 3/14/2005 3:25 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/14/2005 3:32 PM Approved By Denton Baker Community Development & EnvironmHntal Services Financial Admin & Housing Director Date Financial Admin. & Housing 3/14/2005 3:40 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 3/14/2005 3:41 PM Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 3/14/20053:43 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin. 3115/20058:09 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 3/15/20059:01 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 3/15/2005 1 :25 PM Approved By Agenda Item No 100 March 22, 2005 Page 5 of 19 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3115/20052:34 PM ~- Agenda Item No.1 00 March 22, 2005 Page 6 of 19 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW PROPOSED FLORIDA HOUSE BILL 1173 AND FLORIDA SENATE BILL 2302, WHICH PROVIDE FOR NEW REGULATIONS CONTROLLING THE IMPLEMENTATION, COLLECTION AND EXPENDITURE OF IMPACT FEES BY LOCAL GOVERNMENTS THAT, IF ENACTED, WOULD HAVE A DETRIMENTAL EFFECT ON THE COUNTY'S ABILITY TO PROVIDE NECESSARY AND STA TE MANDA TED, GROWTH-RELA TED CAPITAL IMPROVEMENTS WHEREAS, proposed Florida House Bm 1173 and proposed Florida Senate Bill 2302, if enacted, would create a new Section 163.3219, Florida Statutes. asserting "there is a lack of consistent criteria for the determination of the appropriateness, amount, and collection of impact fees;" and WHEREAS, proposed Section 163.3219 (1), states that "In some areas of the state, impact fees are increasing the cost of housing to an unreasonable degree, and there is insufficient oversight of local· governments who collect and use impact fees;" and WHEREAS, proposed Section 163.3219 (4)(a) would require that "An impact fee or impact fee increase may be collected only after 6 months following the date of final adoption of the ordinance imposing the impact fee or impact fee increase" (emphasis added); and WHEREAS. proposed Section 163.3219 (6) would require that "Any local government that collects impact fees shall permit the fees to be paid in who]e or in Dart at the time of the first real estate closing following: issuance of a certificate of occupancy for the property subject to the fee and shall allow any remainder to be assessed as part of the local government's tax bil1 and paid over a 10- to 20-vear period. If the fee is not funy paid at the time of closing, the local government may establish a schedule of payments including any costs of deferring payment of the fee" (emphasis added); and WHEREAS, enacbnent of this legislation would have a detrimental effect on Collier County's ability to coUecr impact fees in sufficient amounts and in a Page I of 4 '0_- ·",,,,",,¡,,¡¡¡¡,;;.~~"",O¡¡"'~Ioi¡"iI.'·H"III"'''''';""''''¡''''''''·''''''·' Agenda Item NO.1 00 March 22, 2005 Page 7 of 19 sufficiently timely manner to fund the construction of public facilities necessitated by growth; and WHEREAS, Collier County has an aggressive program to address the need for affordab1e housing and has implemented many new initiatives in recent years to address housing affordabí1ity, including an expanded impact fee rate structure focused on low-income dwellings and a residential impact fee deferral program for the Immokalee Community Redevelopment Area, with staff currently working with consultants and outside legal counsel on a county-wide deferral program for affordable housing; and WHEREAS, the proposed six-month statutory delay in implementing new impact fees and impact fee rate increases after final approval of enacting ordinances would render unmanageable and ineffeçtive Collier County's existing provisions for annual impact fee indexing adjustments, which were established to provide scheduled, predictable rate adjustments designed to avoid economic disruptions caused by large rate increases; and WHEREAS, Collier County already provides ample notice of all new fees and rate increases, as well as delayed effective dates, in order to give builders adequate time to apply for building pennits prior to those effective dates and, thus, be subject to the lower rates in effect at the time of building permit subnùttal; and WHEREAS, the proposed legislation's requirement for local governments that collect impact fees to anow for the payment of impact fees, in whole or in part, at the first real-estate closing after the Certificate of Occupancy for the property is issued, and the additional requirement that fees not paid in full at the time of real estate closing will then be paid over a 10-20 year period as a part of the local tax bill for the property, is highly problematic in that the language is unclear and subject to interpretation upon application as it does not address upon what criteria impact fees would be paid in full or in part, what constitutes "in part," and by what authority such decisions would be made. Additionally, this proposed requirement not only places an undue administrative burden on local governments to accurately track, calculate and collect the requisite fees, and Page 2of4 Agenda Item No. 100 March 22, 2005 Page 8 of 19 prepare detailed annual reports for State overseers. but also fails to address impact fee assessments on developments for which real estate closings are not applicable. Further, the proposed legislation provides for the payment of impact fees over extended time periods, but does not address the devastating effect such payment plans would have on concurrency management and funding for capital improvements, which are mandated ~)' State law to manage and accommodate growth; and WHEREAS, this legìslation, if enacted, does not have a "Grandfather Clause" pertaining to current impact fee regulations adopted by Florida Counties, and therefore all impact fee regulations that are not in compliance with the new provisions of proposed Section 163.3219, Florida Statutes, would be invalid as of July I, 2005; and WHEREAS, the proposed legislation does not provided sufficient definition or detail of the new requirements and standards for developing impact fees and therefore a le~gthy litigation process may ensue before such standards are defined; and WHEREAS, Collier County would then be required to update all impact fee regulati9ns to comply with the new provisions of proposed Section 163.3219. and in accordance with the proposed regulations, such changes may only become effecti ve six months after their fonnal adoption; and WHEREAS~ until impact fees could be updated, Collier County would be unable to collect impact fees or operate a concurrency management program as the County would be unabJe to provide the scheduled and future capital facility improvements necessitated by growth. NOW, THEREFOREt BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY~ FLORIDA, that: 1. The Board of County Commisßioners of Collier County, Florida strenuously opposes enactment into law proposed FJorida House Bill 1173 and its similar countclJ)aI1, Florida Senate Bill 2302. because proposed Page 3 of 4 Agenda Item NO.1 00 March 22, 2005 Page 9 of 19 Section 163.3219, Florida Statutes." (A) creates standards that are vague, administratively burdensome and unjustified; (B) creates oppressive restrictions on the implementation of new impact fees and impact fee rate increases; (C) requires counties to collect impact fees over an extended period of time, thus delaying much needed improvements; (D) does not properly balance the demand placed on public faci1ities by growth and the requirement for development to pay its fair share of such necessitated improvements against the requirements of the local governments to fund such construction and improvement projects; (F) will Jikely cause Collier County to essentially shut down all capital improvement projects funded by impact fees until a new Ordinance is enacted and becomes effective following the six-month statutory waiting period, and all legal challenges to this new statute are resolved; and (G) is not otherwise in the public interest. 2. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the proposed Bi1ls not be enacted into law unless and until the County's concerns are cured. TillS RESOLUTION ADOPI'ED after motìon, second and majority vote in favor of adoption this day of ,2005. ATfEST: DWIGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTy, FLORIDA , Deputy Clerk By: FRED W. COYLE, Chairman By: Page 4 of 4 F LOR IDA Agenda Item NO.1 OD E PRE S E N T A -fv19rcV2~20Q5 Page 1 vaf 'r'9 H 0 USE o F R HB 1173 2005 .L A bill to be entitled 2 lill act relating to local government land development 3 requirements; creating s. 163.3219, F.S.; providing legislative findings, declarations, and intent relating to local government impact fees; requiring impact fees to be based upon certain available data; requiring a credit against impact fees for certain taxes, fees, assessments, liens, charges, or payments; providing criteria; specifying a time period before collecting an impact fee or fee increase; prohibiting application of an impact fee to certain building permits; requiring local government.s to report certain impact fee information to the Auditor General; limiting imposition of administrative fees; requiring refund of an impact fee under certain 4 ,j E 8 9 10 11 12 1 .~ ....~ 14 ~ c:: .i..¥ circumstances; providing criteria for payment of impact 16 fees; authorizing a local government to establish a schedule of payments; providing an effective date. 17 18 19 Be It Enacted by the Legislature of the State of Florida: 20 ")1 ¿'J.. Section 1. Section 163.3219, Florida Statutes, is created 22 to read: 23 163.3219 Local qovernment impa.ct fees; credits; re-oorts; 24 application; payment.-- ...,r; '- '"' 0) The Legislature finds and declares that there is a 26 lack of consistent criteria for the determination of the 27 appropriateness, amount, and collection of impact fees. 28 Consequentl V, there is a wide disparity developing i.n the Page 1 of 4 CODING: Words striGKen are deletions; words underlîned are additions. F LOR o A H 0 USE o F Agenda Item No.1 00 March 22. 2005 R E PRE S E N TAT P~gèl11'Ebf f9 HB 1173 2005 29 app'ication and rela~ive burden of impact fees in different 30 areas of the state. In seme areas of the state, , -." lrnpact te,e~s are. 31 drivinq up the cost of heusina to an unreasonable deqree, and 32 ~here is insufficient oversiaht of local Governments who collect 33 and use impact fees. Therefore, it is the intent cf the 34 Legislature to enSDre qreater consistency in the determina'Cì:::m 35 of the appropriateness, amount, and collection of impact fees; 36 ensure flexibility in the timing o! pa\'ment of impact fees; 37 provide aocrocriate notice to fee pavers of new fees or !ee 38 increases; and ensure the accountabillty of local oovernments 39 for the collection and expenditure of all impact fees. 4û (2 ) Anv impact fee that is adopted or amendeà sha~l De 411 based upon the most recent accurate and relevant data available. 42 (3) (a) Any local aO'Jernment that imposes a.n impa.ct fee 43 must include in the calculation of the amount of U'"le fee to be 44 paid a credit for the f~ll present value of all taxes, fees, 45 assessments, liens, charaes, or other pavments of an\! kind that 46 have been or will be direc~ly paid bv the fee payer or propertv 47 owner ~o the local government or other service provider and that 48 will be used to conSl-ruet capital facilities of the ~ame type 49 for which the impact fee is imposed. The calculation of the 50 credit shall estimate such payments for a period of not less 51 than 30 years, shall include ad1ustments in ~he estimated annual 52 pavments to accouryt fo.t' inflation, increased taxa:Ole values, and 53 increased cayments, shal~ use a discount rate no qreater than 54 the current costs of borrowinq to finance such caDi tal 55 improvements, and shall be based soleI v upon the estimated Page 2 of 4 CODING: Words ~ are deletions; words underlined are additions. F lOR D A H 0 USE o F R E PRE S E Agenda Item No. 100 March 22, 2005 N TAT Pagà" 12EOf 1:9 ~ HB 1173 2005 56 payments from Dew developmen.:; and the proper":Y upon which t.ne 57 new development is located. 58 (b) A local government that. imposes an impac': fee shall 59 also provide a credit for all taxes or other payment.s of any 60 kind indirectly paid by the fee payer or property owner ~hrouqh 61 state, federal, or ot~er revenues anticipated to be expended t.o 62 construct capital facilities of the same type for which the 63 impact fee is imposed. 64 (4) (a) An im~'act fee or impact fee increase ma V be 65 collected only after 6 months following the date of final 66 adoption of the ordinance imposing the impact fee or impact fee 67 increase. 68 (b) Þ.n impact fee or inlPact fee increase may not aoply so 69 building permits for which a complete application has been filed 70 with the local Government crior to the effective date of the 71 ordinance adopting the impact fee or impact fee increase. 72 (5) (a) Each local Government that collects impact fees 73 shall report to the Auditor General annually on all collections. 74 expenditures, refunds, and administrative expenses relating to 75 such fees. 76 (b) A local qovernment may not impose an administrative 77 fee for collecting, ac,:::ollntinq for f an.d disbursinq irnpact:. fees 78 that exceeds the actual direct costs associated with collectinG, 79 accounting for, and disbursing the impact fees. In no event 80 shall the administrative fee exceed 3 percent of the total fees 81 collected. 82 ( cJ Any local Government that has not expended an impact 83 fee for the purpose for which the fee was collected within 6 Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. F LOR D A H 0 USE o F Agenda Item No. 100 March 22. 2005 R E PRE S E N TAT Peg¥ 13Ebf W HB 1173 2005 84 years after receivinq t~e fee shall refund the fee, with 85 interest, to the person who paid the fee. 86 (6 ) Any local Government that collects impact fees shall 87 permit the fees to be pald in whole or in part at the time of 88 the first real estate closing followinq issuance of a 89 certificate of occupancy fer the property subiect to the fee and 90 shall allow any remainder to be assessed as part of the local 91 government's tax bill and paid over a 10- to 20-vear period. If 92 the fee is not fully paid at the time of closing, the local 93 qovernment may establish a schedule cf oavments includinq any 94 costs of deferring pavment of the fee. 95 Section 2. This act shall take effect July 1, 2005. Page 4 of 4 CODING: Words ~ are deletions; words undsn!ned are additions. Session :BilIs : : flsenate.gov Home Session Committees Senators Information Center Statutes ft Constitution Lobbyist Information ,'4., r-··~o¡ ~ . j2õ05--.3 ""'Y"!';:"':senate 3' ø _Seð~ '"r: rOM..=j B Sear~ Gol '.' \'. Gat¡\c./o. b.·..tl~ ~::~f~( ~Rliiidfl ~. 13 ~~~v:~1l;Jß1¡f(ø ~1.Îf¡~.i'f[¡¡f.~~~W 14 ~i2'''''';~~1_ Pa2e.J of 6 Agenda Item No. íOD March 22, 2005 Page 14 of 19 r):~, ~ ~ CODING: Words ~tJ kkcn are deletions; words unQerJinf'd are additions. ~ ~ Ii> ~ Florida Senate - 2005 SB 2 By Senator Bennett 21.-.:'033-05 See HB J 1 2 3 4 5 6 7 8 9 10 11 A bill to be entitled An act relating to local government land development requirements; creating s. 163.3219, F.S.; providing legislative findings, declarations, and intent relating to local government irnpact fees: requiring impact fees to be based upon certain available data; requiring a credit against impact fees for certain taxes, fees, assessments, liens, charqes, or payments; providing criteria; specifying a time period before collecting an 1~ ¿ impact fee or fee increase; prohibiting application of an impact fee to certain building permits; requiring local governments 15 to report certain impact fee information to '(he 16 Auditor General: limiting imposition of 17 adninistrative fees; requiring refund of an 18 impact fee under certain circumstances; http://www.flsenate.gov/cgi-bin/vicw-page.pl?Tab=session&Submenu= 1 &FT= D&F ile=sb... 3/10/2005 Session :Bills : : flsenate.gov Paue.2 of 6 Agenda IteAi'No. lDD March 22, 2005 Page 15 of 19 19 providing criteria for payment of impact fees; 20 authorizing a local government ta establish a ;! 1 5chedu~e of payments; providi.nq an eff{-:(.:~j,',te 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Se::t,ion 1. Section 163.3219, Florida Statutes, j.s 27 created to read: 28 29 30 31 .L CODING: vJords ". :~.' é···'.:n are deletions; words ~, a:ce ac:.c: Florida Senate - 2005 21-1033-05 5B 2 See HB 1 2 3 4 5 6 7 8 9 http://wwv.¡.í1senate.gov/cgi-bin/view.....Page.pl?T ab=session&Submenu= 1 &FT=D&Filc=sb... 3/10/2005 Session :BiIIs : : flsenate.gov - 10 Paae,1off) Agenda Iferrf No. roD March 22, 2005 Page16of19 11 12 13 14 15 16 17 18 19 20 21 " ') .(.¿ 23 24 25 26 27 28 29 3D 31 2 CODING: WOLds f"r""T are deletìons; \^Ìor,'ds are add.i Florida Senate - 2005 21-1033-05 S8 2 See HB 1 1 ht1p:/ /www.flsenate.gov/cgi-bin/view-page.pI ?Tab=session&S ubmenu= 1 &FT= D&Fi Ic=sb... 3/1 0/2005 Session :Bills : : í1senate.gov Agenda Itb~NJ. 9M3 March 22. 2005 Page 17 of19 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ~, ' 30 31 http://W\\-w.ílsenate.gov/cgi-bin/view-page.pl ?T ab=session&Submenu= 1 &FT= D&File=sb... 3/10/2005 Session :Bills : : flsenate.gov - Agenda It~F1¥~J. 9òé March 22, 2005 Page 18 of 19 3 CODING: Words ¡i"'J:"k:;,n are deletions; words are addi Florida Senate - 2005 21-1033-05 SB 2 Se"o' 23 ] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 Section 2. This act shall take effect July 1, 2005. http://\V\vw.flsenate.gov/cgì-bin/view _page.pl ?Tab=session&Submenu= 1 &FT=D&File=sb... 3/10/2005 Session :Bills : : i1senate.goy P 6 "f) Agenda Ite~o. Wm March 22, 2005 Page 19 of 19 23 24 25 26 27 28 29 30 32. 4 CODING: 1i~CJrds c. r are dRletions; words are adè:L ~F' 1':!~ http://wwv....flsenate.goY/cgi-bin!view...-page.pI?T ab=session&Submenu= 1 &FT= D&F ile=sb... 3/10/2005 Agenda Item No, 10E March 22, 2005 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to adopt a Resolution supporting enactment into law proposed Florida Senate Bill 1940 and House Bill 1461 relating to statutory provisions controlling the distribution and expenditure of gasoline tax proceeds OBJECTIVE: Recommendation that the Board of County Commissioners adopt the attached Resolution to express support for Florida Senate Bill 1940 and House Bill 1461. CONSIDERATIONS: Proposed Senate Bill 1940 would amend Section 336.025, Florida Statutes, reducing the vote requirement for adopting an ordinance to levy the 1-5 Cent Local Option Fuel Tax from a majority plus one vote to a simple majority vote of the governing body of the county. This legislation would strengthen the ability of the Board of County Commissioners to raise critically needed revenue to fund transportation capital improvement projects necessitated by growth. Proposed Florida House Bill 1461 would amend Section 206.41, Florida Statutes, providing for annual adjustments by county ordinance of the Ninth-Cent Fuel Tax rate and the 1-5 Cent and 1-6 Cent Local Option Fuel Tax rates based on the annual percentage change in the average Consumer Price Index, thereby empowering counties to generate additional revenues in response to rising costs associated with the construction of growth-necessitated transportation capital facilities. Whereas, the costs of right-of- way acquisition and road construction have skyrocketed over the past few years with no end in sight, the ability to annually increase gas tax revenues via indexing would be very valuable to Collier County. Proposed House Bill 1461 would also delete existing provisions deducting certain State service charges and administrative costs from fuel proceeds as well as the seven percent service charge to the General Revenue Fund; and would direct the resulting increase in net revenues to fund the County Incentive Grant Program, except for the increase in net revenue to the 1-5 Cent Local Option Fuel Tax, which would be returned directly to the cpunty levying the tax, an increase in net receipts to the county of over $400,000. The Bill would also direct thirty (30) percent of the revenue generated from the State's one hundred donar initial vehicle registration fee to the County Incentive Grant Program. Finally, the proposed legislation would amend Section 320.072, Florida Statutes, defining the term "transportation expenditures" as it relates to the 1-5 Cent Local Option Fuel Tax, to include expenditures for transportation operations and maintenance activities. The law currently limits expenditures to capital expenditures, so this would expand the scope of authorized uses, thereby increasing the county's flexibility in budgeting for transportation-related expenditures. >.,.-....... SB 19401HB 1461 Page 2 Agenda Item NO.1 OE March 22, 2005 Page 2 of 29 GROWTH MANAGEMENT IMP ACT: Adoption of the proposed legislation would positively impact growth management by enhancing available funding for transportation- related capital improvements necessitated by growth. Objective 2 of the Transportation Element of the Growth Management Plan states, "The county will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program." The proposed legislation would certainly enhance the county's capacity to achieve that objective. FISCAL IMPACT: The attached Resolution has no direct fiscal impact, however, if the proposed Bills are enacted into law, the result will be significant increases in both State and local funding for transportation-related programs. Total Collier County receipts for the 1-5 Cent Local Option Fuel Tax would increase by seven (7) percent. The 2005 adopted budget estimates $5,665,000 from this revenue source. A seven (7) percent increase would amount to over $400,000. LEGAL CONSIDERATIONS: The proposed Resolution is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board consideration and approval. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express support for enactment of this proposed legislation and direct staff deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. These Bills are moving through the Legislative process. Prepared by: Phillip R. Tindall, Principal Planner - ConcUITency, Transportation Planning Department, Transportation Service Division "- Aqenda Item NO.1 DE - March 22, 2005 Page 3 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10E Recommendation to adopt a Resolution supporting enactment into law pmposed Florida Senate 81111940 and House 8ill1461 relating to statutory provisions controlling the distribution and expenditure of gasoline tax proceeds. (Norman Feder, Administrator, Transportation Services) Meeting Date 3/22/20059:0000 AM Approved By Phill Tindall Principal Planner-Concurrency Date Transportion Services Transportation Planning 3/15/20052:57 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 3115/20054:19 PM Approved By Pat lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 3/1512005 4:22 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/16/2005 11 :38 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3/16/200511:55 AM Approved By James V. Mudd County Manager Date Board of C ou nty Commissioners County Manager's Office 3/16/20054:24 PM Agenda Item No, 10E March 22, 2005 Page 4 of 29 Florida Senate - 2005 SB 1940 By Senator Sebesta 16-1137-05 1 2 3 A bill to be entitled An act relating to the county road system; amending s. 336.025, F.S.; revising the vote 4 requirements for the imposition of a local 5 6 option motor fuel and diesel fuel tax; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraph (b) of subsection (1) of section 11 336.025, Florida Statutes, is amended to read: 12 336.025 County transportation system; levy of local 13 option fuel tax on motor fuel and diesel fuel.-- 14 15 (1) (b) In addition to other taxes allowed by law, there 16 may be levied as provided in s. 206.41 (1) (e) a I-cent, 2-cent, 17 3-cent, 4-cent, or 5-cent local option fuel tax upon every 18 gallon of motor fuel sold in a county and taxed under the 19 provisions of part I of chapter 206. The tax shall be levied 20 by an ordinance adopted by a majority þl~3 OfiC vote of the 21 membership of the governing body of the county or by 22 referendum. 23 1. All impositions and rate changes of the tax shall 24 be levied before July 1, to be effective January 1 of the 25 following year. However, levies of the tax which were in 26 effect on July 1, 2002, and which expire on August 31 of any 27 year may be reimposed at the current authorized rate effective 28 September 1 of the year of expiration. 29 2. The county may, prior to levy of the tax, establish 30 by interlocal agreement with one or more municipalities 31 located therein, representing a majority of the population of 1 CODING: Words styic](cn are deletions; words underlined are additions. '··"""""_""hL:úOÜlI,,"·'''~''~'JI",,,,,,,:,,,,,,, - Agenda Item No.1 OE March 22, 2005 Page 5 of 29 Florida Senate - 2005 16-1137-05 sa 1940 1 the incorporated area within the county, a distribution 2 formula for dividing the entire proceeds of the tax among 3 county government and all eligible municipalities within the 4 county. If no interlocal agreement is adopted before the 5 effective date of the tax, tax revenues shall be distributed 6 pursuant to the provisions of subsection (4). If no interlocal 7 agreement exists, a new interlocal agreement may be 8 established prior to June 1 of any year pursuant to this 9 subparagraph. However, any interlocal agreement agreed to 10 under this subparagraph after the initial levy of the tax or 11 change in the tax rate authorized in this section shall under 12 no circumstances materially or adversely affect the rights of 13 holders of outstanding bonds which are backed by taxes 14 authorized by this paragraph, and the amounts distributed to 15 the county government and each municipality shall not be 16 reduced below the amount necessary for the payment of 17 principal and interest and reserves for principal and interest 18 as required under the covenants of any bond resolution 19 outstanding on the date of establishment of the new interlocal 20 agreement. 21 3. County and municipal governments shall use moneys 22 received pursuant to this paragraph for transportation 23 expenditures needed to meet the requirements of the capital 24 improvements element of an adopted comprehensive plan or for 25 expenditures needed to meet immediate local transportation 26 problems and for other transportation-related expenditures 27 that are critical for building comprehensive roadway networks 28 by local governments. For purposes of this paragraph, 29 expenditures for the construction of new roads, the 30 reconstruction or resurfacing of existing paved roads, or the 31 paving of existing graded roads shall be deemed to increase 2 CODING: Words strißJtcfl are deletions; words underlined are additions. Agenda Item No.1 OE March 22, 2005 Page 6 of 29 F10rida Senate - 2005 16-1137-05 SB 1940 1 capacity and such projec~s shall be included in the capital 2 improvements element of an adopted comprehensive plan. 3 Expenditures for purposes of this paragraph shall not include 4 routine maintenance of roads. 5 6 Section 2. This act shall take effect July 1, 2005. 7 ***************************************** 8 SENATE SUMMARY 9 Revises the required vote of a county commission from a majority plus one to a simple majority to impose a local 10 option tax on motor fuel and diesel fuel. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CODING: Words ~tyickc~ are deletions; words underlined are additions. 3 _···..,..·....,,·...·''''·'...OI;''""'''''__"'''i'','''''·,··''',,·,,",·,,·,···, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- FLORIDA H 0 USE Agenda Item No.1 OE R E PRE S E N T AMþ~hd~2y;;f~ S o F fIB 1461 2005 A bill to be entitled An act relating to fuel tax proceeds; amending s. 206.41, F.S.; providing for adjusting the ninth-cent fuel tax rate and the local option fuel tax rate by county ordinance; providing adjustment criteria; providing for effect of adjustments; requiring a county to provide a copy of the ordinance to the Department of Revenue; requiring the department to notify certain persons of any adjustment; applying such adjustments to the State Comprehensive Enhanced Transportation System Tax; amending ss. 206.606 and 206.608, F.S.; deleting provisions deducting certain service charges and administrative costs from certain moneys deposited into the Fuel Tax Collection Trust Fund; amending ss. 206.875, 206.9845, 206.9945, and 212.0501, F.S.; deleting a provision deducting certain service charges from certain moneys deposited into the Fuel Tax Collection Trust Fund; amending s. 206.879, F.S.; deleting a provision deducting certain service charges from certain moneys deposited into the State Alternative Fuel User Fee Clearing Trust Fund and the Local Alternative Fuel User Fee Clearing Trust Fund; amending s. 215.22, F.S.; exempting certain additional taxes and trust funds from required appropriations of a service charge to the General Revenue Fund; amending s. 320.072, F.S.; specifying a percentage of certain moneys deposited into the State Transportation Trust Fund to be used to fund the County Incentive Grant Program; amending ss, 336.021 and 336.025, F.S.; requiring adjustment of certain fuel taxes to Page 1 of 20 (X)I)ßI.[J: \\brds striølæRare deletions; \\OIrls underlined are additions. hbl461-OO H 0 USE Agenda Item No.1 OE N T AM<3fch22y20QP S Page 8 of Z9 FLORIDA 29 30 31 32 33 34 35 36 37 38 39 40 41 o F R E PRE S E HB 1461 2005 conform; deleting provisions deducting certain service charges and administrative costs from certain moneys deposited into the Local Option Fuel Tax Trust Fund; defining the term "transportation expenditures"; authorizing additional uses of tax proceeds to fund infrastructure projects and pay court-ordered refund of special assessments under certain circumstances; providing limitations; specifying uses of certain revenues derived from elimination of the deduction of administrative costs on certain taxes and from elimination of the deduction of service charges imposed on certain taxes and trust funds; providing application; providing an effective date. 42 Be It Enacted by the Legislature of the State of Florida: 43 44 45 of section 206.41, Florida Statutes, are amended to read: Section 1. Paragraphs (d), (e), and (f) of subsection (1) 46 47 206.41 State taxes imposed on motor fuel.-- (1) The following taxes are imposed on motor fuel under 48 the circumstances described in subsection (6): 49 (d)~ An additional tax of 1 cent per net gallon may be 50 imposed by each county on motor fuel, which shall be designated 51 as the "ninth-cent fuel tax." This tax shall be levied and used 52 as provided in s. 336.021. 53 2. Beqinninq January 1, 2006, and on January 1 of each 54 year thereafter, each county may provide by ordinance that the 55 tax rate set forth in subparaqraph 1. be adiusted by the 56 percentaqe chanqe in the averaqe of the Consumer Price Index Page 2 of 20 COI)ltl[ì: \\brds smæR are deletions; \\a'ÒS W1derlined are additions. "-''''"''""",I""_,¡¡¡_"",'''","';''':JAAw'"''""i'"';''·,,,,,, hb 1461-00 FLORIDA H 0 USE o F Agenda Item NO.1 DE R E PRE S E N T AM"fch22y'20Q9 S Page 9 of 29 HB 1461 2005 57 issued by the United States Department of Labor for the most 58 recent 12-month period ending September 30 and rounded to the 59 nearest tenth of a cent, as determined by the Department of 60 Revenue. However, the tax rate may not be less than 1 cent per 61 gallon. 62 3. All impositions and rate changes of the tax shall be 63 levied before July 1 to be effective January 1 of the following 64 year. 65 4. A certified copy of the ordinance that authorizes the 66 indexing of the tax authorized by subparagraph 2. must be 67 furnished by the county to the Department of Revenue within 10 68 days after the adoption of the ordinance indexing the tax. 69 5. The department shall notify each terminal supplier, 70 position holder, wholesaler, and importer of the tax rate 71 applicable under this paragraph for the 12-month period 72 beginning January 1. 73 (e)~ An additional tax of between 1 cent and 11 cents per 74 net gallon may be imposed on motor fuel by each county, which 75 shall be designated as the "local option fuel tax." This tax 76 shall be levied and used as provided in s. 336.025. 77 2. Beginning January 1, 2006, and on January 1 of each 78 year thereafter, counties may provide by ordinance that the tax 79 rate set forth in s. 336.025(1) (a) and (b) be adjusted by the 80 percentage change in the average of the Consumer Price Index 81 issued by the United States Department of Labor for the most 82 recent 12-month period ending September 30 and rounded to the 83 nearest tenth of a cent, as determined by the Department of 84 Revenue. However, the tax rate may not be less than the rate per Page 3 of20 (x)I:XI'U: \\brds strielæaare deetions; v.otds underlined are additions. hbl461-00 FLORIDA H 0 USE o F Agenda Item No 10E R E PRE S E N T AMdlfCh22y20Q;S S P'age 10 of Z9 FIB 1461 2005 85 gallon levied pursuant to subparagraph 1. 86 3. All impositions and rate changes of the tax shall be 87 levied before July 1 to be effective January 1 of the following 88 year. 89 4. A certified copy of the ordinance that authorizes the 90 indexing of the tax authorized by subparagraph 2. must be 91 furnished by the county to the Department of Revenue within 10 92 days after the adoption of the ordinance indexing the tax. 93 5. The department shall notify each terminal supplier, 94 position holder, wholesaler, and importer of the tax rate 95 applicable under this paragraph for the 12-month period 96 beginning January 1. 97 (f)l. An additional tax designated as the State 98 Comprehensive Enhanced Transportation System Tax is imposed on 99 each net gallon of motor fuel in each county. This tax shall be 100 levied and used as provided in s. 206.608. 101 2. The rate of the tax in each county shall be equal to 102 two-thirds of the lesser of the sum of the taxes imposed on 103 motor fuel pursuant to paragraphs (d) and (e) in such countYL 104 105 106 after the adiustments made pursuant to subparagraphs (d) 2 . and (e)2., or 6 cents, rounded to the nearest tenth of a cent, 3. Beginning January 1, 1992, and on January 1 of each 107 year thereafter, the tax rate provided in subparagraph 2. shall 108 be adjusted by the percentage change in the average of the 109 Consumer Price Index issued by the United States Department of 110 Labor for the most recent 12-month period ending September 30, 111 compared to the base year average, which is the average for the Page 4 of 20 COI>ThIJ: \\brds stælæß are deletions; \\OtÙs underJined are acktitims. hbl461-00 FLORIDA H 0 USE o F Agenda Item NO.1 OE R E PRE S E N T AMarchI22y20QiJ S P'agé 11 of Z9 .- HB 1461 2005 112 12-month period ending September 30, 1990, and rounded to the 113 nearest tenth of a cent. 114 4. The department shall notify each terminal supplier, 115 position holder, wholesaler, and importer of the tax rate 116 applicable under this paragraph for the 12-month period 117 beginning January 1. 118 Section 2. Subsection (1) of section 206.606, Florida 119 Statutes, is amended to read: 120 121 206.606 Distribution of certain proceeds.-- (1) Moneys collected pursuant to ss. 206.41(1) (g) and 122 206.87(1) (e) shall be deposited in the Fuel Tax Collection Trust 123 Fund. Such moneys, after deducting the aer~ioc ch~rgea impo~ed 124 by o. 215.20, the refunds granted pursuant to s. 206.41, ~nd thc 125 ~dminiotr~tivc ooota incurred by the dep~rtment in oolleoting, 126 ~dminiatering, enforcing, ~nd diotributing the t~J{, \..hich 127 ~dminiotr~ti'Je ooota m~y not eJroecd 2 percent of oollcctiono, 128 shall be distributed monthly to the State Transportation Trust 129 Fund, except that: 130 (a) $6.30 million shall be transferred to the Department 131 of Environmental Protection in each fiscal year and deposited in 132 the Invasive Plant Control Trust Fund to be used for aquatic 133 plant management, including nonchemical control of aquatic 134 weeds, research into nonchemical controls, and enforcement 135 activities. Beginning in fiscal year 1993-1994, the department 136 shall allocate at least $1 million of such funds to the 137 eradication of melaleuca. 138 (b) $2.5 million shall be transferred to the State Game 139 Trust Fund in the Fish and Wildlife Conservation Commission in Page 5 of 20 ~ \\bIds s1DakeRare deletions; \\mJs W1dermed are additions. hbl461-OO H 0 USE Agenda Item No.1 OE R E PRE S E N T AM<¥chI22~0Q6 S P'age 12 of Z9 FLORIDA o F HB 1461 2005 140 each fiscal year and used for recreational boating activities, 141 and freshwater fisheries management and research. The transfers 142 143 144 must be made in equal monthly amounts beginning on July 1 of each fiscal year. The commission shall annually determine where unmet needs exist for boating-related activities, and may fund 145 such activities in counties where, due to the number of vessel 146 registrations, sufficient financial resources are unavailable. 147 1. A minimum of $1.25 million shall be used to fund local 148 projects to provide recreational channel marking, public 149 launching facilities, aquatic plant control, and other local 150 boating related activities. In funding the projects, the 151 commission shall give priority consideration as follows: 152 a. Unmet needs in counties with populations of 100,000 or 153 less. b. Unmet needs in coastal counties with a high level of 154 155 boating related activities from individuals residing in other 156 counties. 157 2. The remaining $1.25 million may be used for 158 recreational boating activities and freshwater fisheries 159 management and research. 160 3. The commission is authorized to adopt rules pursuant to 161 ss. 120.536(1) and 120.54 to implement a Florida Boating 162 Improvement Program similar to the program administered by the 163 Department of Environmental Protection and established in rules 164 62D-5.031 - 62D-5.036, Florida Administrative Code, to determine 165 projects eligible for funding under this subsection. 166 Page 6 of 20 CX)DINJ: \\brds S1rickeR are deletions; \\OJ'ds under1ined are additions. hbl461-00 FLORIDA H 0 USE o F Agenda Item No.1 OE R E PRE S E N T AM<¥chI22v'0~ S Page 13 of ~ ,--,- HB 1461 2005 167 On February 1 of each year, the commission shall file an annual 168 report with the President of the Senate and the Speaker of the 169 House of Representatives outlining the status of its Florida 170 Boating Improvement Program, including the projects funded, and 171 a list of counties whose needs are unmet due to insufficient 172 financial resources from vessel registration fees. 173 (c) 0.65 percent of moneys collected pursuant to s. 174 206.41(1) (g) shall be transferred to the Agricultural Emergency 175 Eradication Trust Fund. 176 (d) A portion of the moneys attributable to the sale of 177 motor and diesel fuel at marinas shall be transferred from the 178 Fuel Tax Collection Trust Fund to the Marine Resources 179 Conservation Trust Fund in the Fish and Wildlife Conservation 180 Commission as follows: 181 182 183 184 185 186 year thereafter. 187 Section 3. Section 206.608, Florida Statutes, is amended 188 to read: 189 206.608 State Comprehensive Enhanced Transportation System 190 Tax; deposit of proceeds; distribution.--Moneys received 191 pursuant to ss. 206.41 (1) (f) and 206.87 (1) (d) shall be deposited 192 in the Fuel Tax Collection Trust Fundr and, ~ftcr dcducting tho 193 ocrvice charge impoocd in chapter 215 ~nd ~dminiotrative cooto 194 incurred by tho dep~rtffient in collecting, adminiotoring, Page 7 of20 CODJ:N]: \\brds strÏølæRare deJetions; \\OJ'ds lD1derlinedare additions. 1. $2.5 million in fiscal year 2003-2004; 2. $5.0 million in fiscal year 2004-2005; 3. $8.5 million in fiscal year 2005-2006; 4. $10.9 million in fiscal year 2006-2007; and 5. $13.4 million in fiscal year 2007-2008 and each fiscal hbl461.QO FLORIDA H 0 USE o F Agenda Item NO.1 DE R E PRE S E N T AMarch,22y20QiJ S Page 14 of 29 fIB 1461 2005 195 enforcing, .:md diatributing thc t.:m, \.·hich ;:¡dminiatr;:¡ti":e ooato 196 HI:.:lY not CJcoccd 2 pcrccnt of collcctiono, shall be distributed as 197 follows: 198 (1) 0.65 percent of the proceeds of the tax levied 199 pursuant to s. 206.41(1) (f) shall be transferred to the 200 Agricultural Emergency Eradication Trust Fund. 201 (2) The remaining proceeds of the tax levied pursuant to 202 s. 206.41(1) (f) and all of the proceeds from the tax imposed by 203 s. 206.87(1) (d) shall be transferred into the State 204 Transportation Trust Fund, and may be used only for projects in 205 the adopted work program in the district in which the tax 206 proceeds are collected and, to the maximum extent feasible, such 207 moneys shall be programmed for use in the county where 208 collected. However, no revenue from the taxes imposed pursuant 209 to ss. 206.41(1) (f) and 206.87(1) (d) in a county shall be 210 expended unless the projects funded with such revenues have been 211 included in the work program adopted pursuant to s. 339.135. 212 Section 4. Subsection (1) of section 206.875, Florida 213 Statutes, is amended to read: 214 206.875 Allocation of tax.-- 215 (1) All moneys derived from the taxes imposed by this part 216 shall be paid into the State Treasury by the department for 217 deposit in the Fuel Tax Collection Trust Fund, from which the 218 following transfers shall be made: After withholding $10,000 219 from the proceeds of 4 cents of such tax, to be used as a 220 revolving cash balance, all other moneys shall be transferred in 221 the same manner and for the same purpose as provided by law for 222 allocation of the taxes levied in part I, including deduction of Page 8 of20 CODD'K.ì: \\brrls s1ri3keß are delefuns; \\OIds underlined are addilims. hbl461-00 FLORIDA H 0 USE o F Agenda Item No.1 OE R E PRE S E N T AMa;=ch,22\.20Q.5 S P'age 15"ofZ9 HB 1461 2005 223 the oarvioo oh~rgao providod for in o. 215.20 ~nd the 224 administrative costs incurred by the department in collecting, 225 administering, enforcing, and distributing the tax, which 226 administrative costs may not exceed 2 percent of collections. 227 Section 5. Section 206.879, Florida Statutes, is amended 228 to read: 229 206.879 State and local alternative fuel user fee clearing 230 trust funds; distribution.-- 231 (1) Notwithstanding the provisions of s. 206.875, the 232 revenues from the state alternative fuel fees imposed by s. 233 206.877 shall be deposited into the State Alternative Fuel User 234 Fee Clearing Trust Fund, which is hereby created. ^fter 235 deducting the oervioe ch~rgeo provided in o. 215.20, The 236 proceeds in this trust fund shall be distributed as follows: 237 one-fifth of the proceeds in calendar year 1991, one-third of 238 the proceeds in calendar year 1992, three-sevenths of the 239 proceeds in calendar year 1993, and one-half of the proceeds in 240 each calendar year thereafter shall be transferred to the State 241 Transportation Trust Fund; the remainder shall be distributed as 242 follows: 50 percent shall be transferred to the State Board of 243 Administration for distribution according to the provisions of 244 s. 16, Art. IX of the State Constitution of 1885, as amended; 25 245 percent shall be transferred to the Revenue Sharing Trust Fund 246 for Municipalities; and the remaining 25 percent shall be 247 distributed using the formula contained in s. 206.60(1). 248 (2) Notwithstanding the provisions of s. 206.875, the 249 revenues from the local alternative fuel fees imposed in lieu of 250 s. 206.87(1) (b) or (c) shall be deposited into the Local Page 9 of 20 CODThlJ: \\brds S1riølæR are deletions; \\Ofds 1D1derJined are additions. hbl461.o0 FLORIDA H 0 USE o F Agenda Item No.1 OE R E PRE S E N T A M"'fchI22YZ0Q6 S Page 16 of 29 HB 1461 2005 251 Alternative Fuel User Fee Clearing Trust Fund, which is hereby 252 created. hftcr deducting the oer~iee ch~rgeo pro~idod in o. 253 215.20, The proceeds in this trust fund shall be returned 254 monthly to the appropriate county. 255 Section 6. Section 206.9845, Florida Statutes, is amended 256 to read: 257 206.9845 Distribution of proceeds.--Moneys collected 258 pursuant to this part shall be deposited in the Fuel Tax 259 Collection Trust Fund. Such moneys, after deducting the oervice 260 oh~rgeo impooed by o. 215.20, the refunds granted pursuant to s. 261 206.9855, and the administrative costs incurred by the 262 department in collecting, administering, enforcing, and 263 distributing the tax, which administrative costs may not exceed 264 2 percent of collections, shall be distributed monthly to the 265 State Transportation Trust Fund. 266 Section 7. Subsection (1) of section 206.9945, Florida 267 Statutes, is amended to read: 268 206.9945 Funds collected; disposition; department 269 authority.-- 270 (1) The department shall deposit all funds received and 271 collected by it under this part into the Fuel Tax Collection 272 Trust Fund to be transferred, less the costs of administration 273 ~nd leoo the oervice oh~rgeo to be deducted purou~nt to o. 274 215.20, as follows: 275 (a) Moneys collected pursuant to s. 206.9935(1) shall be 276 transferred to the Florida Coastal Protection Trust Fund as 277 provided in s. 376.11; Page 10 of 20 COD1NJ: WJrds S1:Ii*eR are deletions; \\Ofds lmderlined are additions. hbl461-00 FLORIDA H 0 USE o F Agenda Item NO.1 DE R E PRE S E N T AM<¥chI22\,2DQ:5 S P'age 11'ofZ9 - HB 1461 2005 278 (b) Moneys collected pursuant to s. 206.9935(2) shall be 279 transferred to the Water Quality Assurance Trust Fund as 280 provided in s. 376.307; and 281 (c) Moneys collected pursuant to s. 206.9935(3), less any 282 refunds granted under s. 206.9942, shall be transferred to the 283 Inland Protection Trust Fund as provided in s. 376.3071. 284 Section 8. Subsection (6) of section 212.0501, Florida 285 Statutes, is amended to read: 286 212.0501 Tax on diesel fuel for business purposes; 287 purchase, storage, and use.-- 288 (6) All taxes required to be paid on fuel used in self- 289 propelled off-road equipment shall be deposited in the Fuel Tax 290 Collection Trust Fund, to be distributed, ~fter deduction of the 291 gener~l revenue oervicc ch~rge purou~nt to o. 215.20, to the 292 State Transportation Trust Fund. The department shall, each 293 month, make a transfer, from general revenue collections, equal 294 to such use tax reported on dealers' sales and use tax returns. 295 Section 9. Paragraphs {v), (w), (x), (y), and (z) are 296 added to subsection (1) of section 215.22, Florida Statutes, to 297 read: 298 215.22 Certain income and certain trust funds exempt.-- 299 (1) The following income of a revenue nature or the 300 following trust funds shall be exempt from the appropriation 301 required by s. 215.20(1): 302 (v) The Fuel Tax Collection Trust Fund created by s. 303 206.875. 304 (w) All taxes levied on motor fuels other than qasoline 305 levied pursuant to the provisions of s. 206.87(1) (a). Page 11 of20 COD1NJ: \\brds striGlæRare deletions; \\OIÙs underlined are additions. hbl461-ûO FLORIDA H 0 USE o F Agenda Item No.1 OE R E PRE S E N T AM8fch,22V20Qf5 S P'age 18 of 29 HB 1461 2005 306 (x) The State Alternative Fuel User Fee Clearinq Trust 307 Fund established pursuant to s. 206.879(1). 308 (y) The Local Alternative Fuel User Fee Clearinq Trust 309 Fund established pursuant to s. 206.879(2). 310 (2) The Local Option Fuel Tax Trust Fund created pursuant 311 to s. 336.025. 312 Section 10. Subsection (4) of section 320.072, Florida 313 Statutes, as amended by section 10 of chapter 2000-257, Laws of 314 Florida, is amended to read: 315 320.072 Additional fee imposed on certain motor vehicle 316 registration transactions.-- 317 (4) A tax collector or other duly authorized agent of the 318 department shall promptly remit all moneys collected pursuant to 319 this section, less any refunds granted pursuant to subsection 320 (3), to the department to be deposited into the State 321 Transportation Trust Fund. Thirty percent of such moneys shall 322 be used to fund the County Incentive Grant Proqram provided for 323 under s. 339.2817. 324 Section 11. Paragraph (a) of subsection (1) of section 325 336.021, Florida Statutes, is amended to read: 326 336.021 County transportation system; levy of ninth-cent 327 fuel tax on motor fuel and diesel fuel.-- 328 (1) (a)~ Any county in the state, by extraordinary vote of 329 the membership of its governing body or subject to a referendum, 330 may levy the tax imposed by ss. 206.41(1) (d) and 206.87(1) (b). 331 2. The rate of the ninth-cent fuel tax on motor fuel shall 332 be adlusted each January 1 as provided in s. 206.41(1) (d)2. The 333 rate of any such tax beinq levied on that date shall be Page 12 of 20 CO~ \\bIds s1:tillæn are deletims; \\Ofds underlined are additions. hbl461.()0 H 0 USE Agenda Item No. 10E R E PRE S E N T A March22y'20QiJ S Page 19 of Z9 .- FLORIDA o F 334 335 336 337 338 339 340 341 342 343 344 345 346 .- 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 fIB 1461 2005 automatically adlusted. Any ordinance levyinq such a tax adopted on or after July 1, 2005, shall specify that the rate of the tax is sublect to adlustment as provided in s. 206.41(1) (d)2. 3. County and municipal governments may use the moneys received under this paragraph only for transportation expenditures as defined in s. 336.025(7). Section 12. Paragraphs (a) and (b) of subsection (1) and paragraph (a) of subsection (2) of section 336.025, Florida Statutes, are amended, and subsections (10) and (11) are added to said section, to read: 336.025 County transportation system; levy of local option fuel tax on motor fuel and diesel fuel.-- (i) (a) In addition to other taxes allowed by law, there may be levied as provided in ss. 206.41(1) (e) and 206.87(1) (c) a i-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county and taxed under the provisions of part I or part II of chapter 206. The rates of the local option fuel tax on motor fuel authorized by this paraqraph shall be adlusted each January 1 as provided in s. 206.41(1) (e)2. The rate of any such tax being levied on that date shall be automatically adlusted. Any ordinance or resolutions levying such a tax adopted on or after July 1, 2005, shall specify that the rate of the tax is subject to adlustment as provided in s. 206.41(1) (e)2. 1. All impositions and rate changes of the tax shall be levied before July 1 to be effective January 1 of the following year for a period not to exceed 30 years, and the applicable method of distribution shall be established pursuant to Page 13 of20 CODIN:ì: \\brds StriøkeR are deletions; \\OI'ds underlined are additions. hb 1461..()O FLORIDA H 0 USE o F R E Agenda Item No. 10E PRE S E N T A Ma;:ch,22\f20Q9 S Page 20 of 29 HB 1461 2005 362 subsection (3) or subsection (4). However, levies of the tax 363 which were in effect on July 1, 2002, and which expire on August 364 31 of any year may be reimposed at the current authorized rate 365 effective September 1 of the year of expiration. Upon 366 expiration, the tax may be re1evied provided that a 367 redetermination of the method of distribution is made as 368 provided in this section. 369 2. County and municipal governments shall utilize moneys 370 received pursuant to this paragraph only for transportation 371 expenditures. 372 3. Any tax levied pursuant to this paragraph may be 373 extended on a majority vote of the governing body of the county. 374 A redetermination of the method of distribution shall be 375 established pursuant to subsection (3) or subsection (4), if, 376 after July 1, 1986, the tax is extended or the tax rate changed, 377 for the period of extension or for the additional tax. 378 (b) In addition to other taxes allowed by law, there may 379 be levied as provided in s. 206.41(1) (e) a I-cent, 2-cent, 3- 380 cent, 4-cent, or 5-cent local option fuel tax upon every gallon 381 of motor fuel sold in a county and taxed under the provisions of 382 part I of chapter 206. The tax shall be levied by an ordinance 383 adopted by a majority pluG one vote of the membership of the 384 governing body of the county or by referendum. The rate of the 385 386 387 local option fuel tax on motor fuel authorized by this paraqraph shall be adjusted each January 1 as provided in s. 206.41(1) (e)2. The rate of any such tax beinq levied on that 388 date shall be automatically adlusted. Any ordinance levyinq such 389 a tax adopted on or after July 1, 2005, shall specify that the Page 140f20 CODINJ: \\brds st:.riølœnare deletions; \\Ofds underlined are additions. hb 1461-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 1 DE N T AMa¡chI22~OQ;P S Page 21 of 29 HB 1461 2005 390 rate of the tax is subject to adjustment as provided in s. 391 206.41(1) (e)2. 392 1. All impositions and rate changes of the tax shall be 393 levied before July 1, to be effective January 1 of the following 394 year. However, levies of the tax which were in effect on July 1, 395 2002, and which expire on August 31 of any year may be reimposed 396 at the current authorized rate effective September 1 of the year 397 of expiration. 398 2. The county may, prior to levy of the tax, establish by 399 interlocal agreement with one or more municipalities located 400 therein, representing a majority of the population of the 401 incorporated area within the county, a distribution formula for 402 dividing the entire proceeds of the tax among county government 403 and all eligible municipalities within the county. If no 404 interlocal agreement is adopted before the effective date of the 405 tax, tax revenues shall be distributed pursuant to the 406 provisions of subsection (4). If no interlocal agreement exists, 407 a new interlocal agreement may be established prior to June 1 of 408 any year pursuant to this subparagraph. However, any interlocal 409 agreement agreed to under this subparagraph after the initial 410 levy of the tax or change in the tax rate authorized in this 411 section shall under no circumstances materially or adversely 412 affect the rights of holders of outstanding bonds which are 413 backed by taxes authorized by this paragraph, and the amounts 414 distributed to the county government and each municipality shall 415 not be reduced below the amount necessary for the payment of 416 principal and interest and reserves for principal and interest 417 as required under the covenants of any bond resolution Page 15 of 20 COI:>IJl.Xf. \\brds stJi1læø are deletions; \IDl"ds underlined are addit.ions. hbl461-00 FLORIDA H 0 USE o F R E Agenda Item No.1 OE PRE S E N T AMarchI22V20Q:5 S Page 22 of Z9 fIB 1461 2005 418 outstanding on the date of establishment of the new interlocal 419 agreement. 420 3. County and municipal governments shall use moneys 421 received pursuant to this paragraph for transportation 422 expenditures needed to meet the requirements of the capital 423 improvements element of an adopted comprehensive plan or for 424 expenditures needed to meet immediate local transportation 425 problems and for other transportation-related expenditures that 426 are critical for building comprehensive roadway networks by 427 local governments. For purposes of this paragraph, expenditures 428 for the construction of new roads, the reconstruction or 429 resurfacing of existing paved roads, or the paving of existing 430 graded roads shall be deemed to increase capacity and such 431 projects shall be included in the capital improvements element 432 of an adopted comprehensive plan. Expenditures for purposes of 433 this paragraph shall not include routine maintenance of roads. 434 (2) (a) The tax levied pursuant to paragraph (1) (a) shall 435 be collected and remitted in the same manner provided by ss. 436 206.41(1) (e) and 206.87(1) (c). The tax levied pursuant to 437 paragraph (1) (b) shall be collected and remitted in the same 438 manner provided by s. 206.41(1) (e). The taxes remitted pursuant 439 to this section shall be transferred to the Local Option Fuel 440 Tax Trust Fund, which fund is created for distribution to the 441 county and eligible municipal governments within the county in 442 which the tax was collected ,:md ·.¡hiGh fund io oubject to the 443 oer~iGo Gh~rge impoDed in Gh~pter 215. The tax shall be 444 distributed monthly by the department in the same manner 445 provided by s. 336.021(1) (c) and (d). The dep~rtment Dh~ll Page 16 of 20 CO~ WOrds strioken are deletions; \\Ol'ÒS underlined are additions. hbl461-û0 FLORIDA H 0 USE o F Agenda Item No. 10E R E PRE S E N T AM<¥ch22:v20Q.5 S P'age 23 of Z9 ,..-' HB 1461 2005 446 deduot the adminiotrativo oooto inourred by it in collecting, 447 .J.dminiotering, enforoing, and diotributing baok to the oountieo 448 the tax, ,¡hioh adminiotrati 70 ooata may not enoeed 2 peroont of 449 colleotiona authorized by thia aeotion. The total .J.dminiatrative 450 ooata ahall be pror.J.ted aFRong thoae oountiea levying the tal[ 451 .J.ooording to the follouing formula, ~hich oh.J.ll be revioed on 452 July 1 of each year: T',w thirdo of the amount deduoted ahall be 453 baaed on the oounty'a proportional ahare of the number of 454 dealera uho are regiatered for purpooea of ohapter 212 on June 455 30 of the preceding otate fioo.J.l year, and one third of the 456 .J.FRount deduoted ah.J.1I be b.J.oed on the oounty'o oh.J.re of the 457 tot.).l amount of the tan oollected during the preceding otate 458 fiacal ye.J.r. The department has the authority to prescribe and 459 publish all forms upon which reports shall be made to it and 460 other forms and records deemed to be necessary for proper 461 administration and collection of the taxes levied by any county 462 and shall promulgate such rules as may be necessary for the 463 enforoement of this section, whioh rules shall have the full 464 force and effect of law. The provisions of ss. 206.026, 206.027, 465 206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07, 466 206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12, 467 206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18, 468 206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22, 469 206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.45, 206.48, 470 206.49, 206.56, 206.59, 206.626, 206.87, 206.872, 206.873, 471 206.8735, 206.874, 206.8741, 206.94, and 206.945 shall, as far 472 as practicable, be applicable to the levy and collection of Page 17 of 20 COI]N]: \\bIds S1rieI.œB are deletions; \\OIds Wlderlined are additions. hb1461-00 .,""._---" FLORIDA H 0 USE o F R E Agenda Item No.1 DE PRE S E N T AM<¥ch,22y20Q!) S Page 24 of Z9 HB 1461 2005 473 taxes imposed pursuant to this section as if fully set out in 474 this section. 475 (10) For the purposes of this section, the term 476 "transportation expenditures" means expenditures by the local 477 government from local or state shared revenue sources, excluding 478 expenditures of bond proceeds, for the following programs: 479 480 (a) Public transportation operations and maintenance. (b) Roadway and right-of-way maintenance and equipment and 481 structures used primarily for the storage and maintenance of 482 such equipment. 483 484 485 (c) Roadway and right-of-way drainage. (d) Street lighting. (e) Traffic signs, traffic engineering, signalization, and 486 pavement markings. 487 488 (f) Bridge maintenance and operation. (g) Debt service and current expenditures for 489 transportation capital projects in the foregoing program areas, 490 including construction or reconstruction of roads and sidewalks. 491 (11 ) In addition to the uses specified in subsection (7), 492 the governing body of a county with a population of 50,000 or 493 less on April 1, 1992, or the governing body of a municipality 494 within such a county, may use the proceeds of the tax levied 495 pursuant to paragraph (1) (a) in any fiscal year to fund 496 infrastructure proiects, if such proiects are consistent with 497 the local government's approved comprehensive plan or, if the 498 approval or denial of the plan has not become final, consistent 499 with the plan last submitted to the state land planning agency. 500 In addition, no more than an amount equal to the proceeds from 4 Page 18 of 20 CX)})ll\[J: Words StriølæR are deletions; \\OI'ds underlined are additions. hb1461.QO FLORIDA H 0 USE o F R E PRE S E Agenda Item No.1 OE N T AMa¡:chI22\,.20Q.5 S Page 25" of Z9 HB 1461 2005 501 cents per gallon of the tax imposed pursuant to paragraph (1) (a) 502 may be used by such county for the express and limited purpose 503 of paying for a court-ordered refund of special assessments. 504 Except as provided in subsection (7), such funds shall not be 505 used for the operational expenses of any infrastructure. Such 506 funds may be used for infrastructure prolects under this 507 subsection only after the local government, prior to the fiscal 508 year in which the funds are proposed to be used, or if pledged 509 for bonded indebtedness, prior to the fiscal year in which the 510 bonds will be issued, has held a duly noticed public hearing on 511 the proposed use of the funds and has adopted a resolution 512 certifying that the local government has met all of the 513 transportation needs identified in its approved comprehensive 514 plan or, if the approval or denial of the plan has not become 515 final, consistent with the plan last submitted to the state land 516 planning agency. The proceeds shall not be pledged for bonded 517 indebtedness for a period exceeding 10 years, except for the 518 express and limited purpose of using such proceeds in any fiscal 519 year to pay a court-ordered refund of special assessments. The 520 proceeds may be pledged for bonded indebtedness not exceeding 15 521 years. For the purposes of this subsection, the term 522 "infrastructure" has the same meaning as provided in s. 212.055. 523 Section 13. Use of revenues derived from elimination of 524 deduction of administrative costs on certain taxes.--Beginning 525 July 1, 2005, the increased revenues derived from the 526 elimination of the deduction of administrative costs from the 527 proceeds of the fuel sales taxes on motor fuel and diesel fuel 528 under s. 206.606, Florida Statutes, the State Comprehensive Page 19 of 20 {X)J:)ßI.U: \\brds &t.riJ:IæR are deletions; \\OIÙs undertined are additions. hb1461.o0 _.,..._.__._._..,_.~, FLORIDA H 0 USE o F Agenda Item No.1 OE R E PRE S E N T AMarch22y20Q:6 S P'age 26 of 29 HB 1461 2005 529 Enhanced Transportation System Tax under s. 206.608, Florida 530 Statutes, and the local option fuel taxes on motor fuel and 531 diesel fuel under s. 336.025, Florida Statutes, shall be 532 deposited into the State Transportation Trust Fund and used to 533 fund the County Incentive Grant Program. 534 Section 14. Use of revenues derived from elimination of 535 deduction of service charges.--Beginning July 1, 2005, the 536 increased revenues derived from the elimination of the deduction 537 of the service charges imposed under s. 215.20(1) and (3), 538 Florida Statutes, from the Fuel Tax Collection Trust Fund, all 539 taxes on motor fuels other than gasoline levied under s. 540 206.87(1) (a) and part IV of chapter 206, Florida Statutes, the 541 State Alternative Fuel User Fee Clearing Trust Fund, the Local 542 Alternative Fuel User Fee Clearing Trust Fund, and the Local 543 Option Fuel Tax Trust Fund shall be deposited into the State 544 Transportation Trust Fund and used to fund the County Incentive 545 Grant Program, except the increased revenues derived from the 546 elimination of the deduction of the service charge imposed under 547 s. 215.20(1), Florida Statutes, from the proceeds of any tax 548 levied by a county under s. 336.025(1) (b), Florida Statutes, 549 shall be returned directly to the county levying such tax. 550 Section 15. Notwithstanding any other provision of law, 551 the requirements of ss. 206.46(3) and 206.606(2), Florida 552 Statutes, shall not apply to any funding contained in this act. 553 Section 16. This act shall take effect July 1, 2005. Page 20 of 20 CODThU: \\brds Striøk'eR are deletions; \\Otds underlined are additions. hbl461.{)O - Agenda Item NO.1 OE March 22, 2005 Page 27 of 29 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING ENACTMENT INTO LAW PROPOSED FLORIDA SENATE BILL 1940, WHICH ALLOWS COUNTIES TO IMPLEMENT THE 1-5 CENT LOCAL OPTION FUEL TAX BY SIMPLE MAJORITY VOTE, AND FLORIDA HOUSE BILL 1461, WHICH ALLOWS COUNTIES TO INDEX LOCAL OPTION FUEL TAXES TO ANNUAL ADJUSTMENTS IN THE CONSUMER PRICE INDEX; ELIMINATES EXISTING PROVISIONS DEDUCTING CERTAIN STATE GOVERNMENT SERVICE CHARGES AND ADMINISTRATIVE COSTS FROM FUEL TAX PROCEEDS AND DIRECTS THOSE MONIES TO THE COUNTY INCENTIVE GRANT PROGRAM, EXCEPT FOR THE INCREASED NET REVENUE FOR THE 1-5 CENT LOCAL OPTION FUEL TAX, WHICH IS RETURNED DIRECTLY TO THE COUNTY LEVYING THE TAX; PROVIDES ADDITIONAL FUNDING TO THE COUNTY INCENTIVE GRANT PROGRAM BY DIRECTING THIRTY PERCENT OF REVENUES GENERA TED FROM THE ST ATE'S ONE-HUNDRED DOLLAR INITIAL VEHICLE REG I STRA TION FEE TO THE PROGRAM; AND EXPANDS THE AUTHORIZED USE OF THE 1-5 CENT LOCAL OPTION FUEL TAX TO INCLUDE TRANSPORTATION OPERATIONS AND MAINTENANCE ACTIVIES. WHEREAS. proposed Florida Senate Bill 1940. if enacted, would amend Section 336.025, Florida Statutes, reducing the vote requirement for adopting an ordinance to levy the 1-5 Cent Local Option Fuel Tax from a majority plus one vote to a simple majority vote of the governing body of the county, thereby strengthening the ability of the Board of County Commissioners to raise critical1y needed revenue to fund transportatíon capital improvement projects necessitated by growth; and WHEREAS, proposed Florida House Bill 1461, if enacted, would amend Section 206.41, Florida Statutes, providing for annual adjustments by county ordinance of the ninth-cent fuel tax rate and the 1-5 Cent and 1-6 Cent Local Option Fuel Tax. rates based on the annual percentage change in the average Consumer Price Index, thereby empowering counties to generate additional revenues in response to rising costs associated wíth the construction of growth~necessitated transportation capital facilities; and WHEREAS, proposed Florida House Bill 146L, if enacted, would amend Sections -. 206.606,206.608,206.875,206.9845,206.9945, 212.0501, 206.879, 215.22 and 336.025, Florida Statutes, which amendments: (1) would delete provisions deducting certain State service charges Page 1 of3 Agenda Item NO.1 OE March 22, 2005 Page 28 of 29 and administTative costs from proceeds deposited into the Fuel Tax. Collection Trust Fund, the State and Local Alternative Fuel User Fee Clearing Trust Funds and the Local Option Fuel Tax Trust Fund; (2) would exempt certain additional taxes and trust funds from required appropriations of a seven percent service charge to the General Revenue Fund; and (3) would, in the view of the Florida Association of Counties, direct the increase in net revenues resulting from these amendments to fund the County Incentive Grant Program, ex.cept for the increase in net revenue to the 1-5 Cent Local Option Fuel Tax, which would be returned directly to the county levying the tax, thereby enhancing State and local funding of vital transportation programs; and WHEREAS, proposed Florida House Bill 1461, if enacted, would amend Section 320.072, Florida Statutes, directing thirty percent of the revenue generated from the State's one- hundred dollar initial vehicle registration fee to the County Incentive Grant Program; and WHEREAS, proposed Florida House Bill 1461, if enacted, would amend Section 336.025, Florida Statutes, defining the term "transportation expenditures" as it relates to the 1-5 Cent Local Option Fuel Tax, to include expenditures for transportation operations and maintenance activities. thereby expanding the scope of authorized uses of said funds and increasing the county's flexibihty in budgeting for transportation-related expenditures. 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 enthusiastically supports enactment into law proposed Florida Senate Bill 1940 and Florida House Bill 1461, because the proposed legislation would significantly increase State and local funding for transportation-related capital improvement projects, as wel1 as operations and maintenance programs, and would increase fiscal and administrative flexibility for the county's senior management personnel and elected officials. 2. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the proposed BllIs be enacted into law. Page 2 of 3 Agenda Item No, 1 DE March 22, 2005 Page 29 of 29 THIS RESOLUTION ADOPTED after motion. second and majori£y vote in favor of adoption this day of , 2005. AITEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy C]erk By: FRED W. COYLE, ChaillTlan By: Page 30f3 Agenda Item No. 10F March 22, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed House Bill 1251 and Senate Bill 2424 deleting the existing statutory provision that a referendum is not a prerequisite to levying ad valorem taxes for providing municipal services within a municipal service taxing unit OBJECTIVE: Recommendation that the Board of County Commissioners adopt the attached Resolution to express opposition to House Bill 1251 and Senate Bill 2424. CONSIDERATIONS: Proposed House Bill 1251 and Senate Bill 2424 propose to, in effect, require that all new Municipal Services Taxing Units (MSTU) be created by referendum. The current law allows counties to create MSTUs by ordinance or resolution to provide municipal services funded by ad valorem taxes. The MSTU levy is separate from the county purpose 10 mill cap, but is under the 10 mill cap for municipal purposes. No referendum is required for municipal millage, and therefore no referendum is required for MSTU millage. Section 125.01 (1) (r), Florida Statutes, currently states, "There shall be no referendum required for the levy by a county of ad valorem taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit." The above Bills would delete the exception language, effectively making a referendum a prerequisite for establishing a new MSTU. GROWTH MANAGEMENT IMPACT: This Resolution will have no direct impact on growth management, however, if the proposed legislation is enacted, the County will be severely restricted in its capacity to provide funding for neighborhood improvement projects. FISCAL IMP ACT: The attached Resolution has no direct fiscal impact. LEGAL CONSIDERATIONS: The proposed Resolution is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board consideration and approval. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express opposition to enactment of this proposed legislation and direct staff deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. These Bills are moving through the Legislative process. Prepared by: Phillip R Tindall, Principal Planner - Concurrency, Transportation Planning Department, Transportation Service Division ...--...,.''''''.......,., Agenda Item No, 10F March 22, 2005 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10F Recommendation to adopt a Resolution oPPosing enactment into law proposed House Bill 1251 and Senate Bill 2424 deleting the existing statutory provision that a referendum is not a prerequisite to levying ad valorem taxes for providing municipal services within a municipal service taxing unit. (Norman Feder, Administrator Transportation Services) Meeting Date 3/22/200590000 AM Approved By Phil! Tindall Principal Planner-Concurrency Date Transportion Services Transportation Planning 3/1512005 3:52 PM Approved By Norm E, Feder, AICP Transportation Division Administrator Date TI'ansportiol1 Services TI'ansportation Services Admin, 3/15/20054:21 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 3115/20054:26 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3116/2005 11 :40 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3116/2005 11 :55 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 3/16/20054:34 PM F L 0 RID A H 0 USE o F R E PRE S E N Agenda Item No. 10F T A March22v20íÐ S Page 3 of f3 HB 1251 2005 1 A bill to be entitled 2 An act relating to county power to levy and collect taxes; 3 amending s. 125.01, F.S.; including municipal public 4 service taxes in certain chartered counties under such 5 power; deleting a referendum exception for a county levy 6 of ad valorem taxes for municipal services in a municipal 7 service taxing unit; amending s. 166.231, F.S.; including 8 certain chartered counties under provisions authorizing 9 imposition of a public service tax on purchases of 10 electricity, gas, and water; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (r) of subsection (1) of section 15 125.01, Florida Statutes, is amended to read: 16 17 125.01 Powers and duties.-- (1) The legislative and governing body of a county shall 18 have the power to carryon county government. To the extent not 19 inconsistent with general or special law, this power includes, 20 but is not restricted to, the power to: 21 ( r) Levy and collect taxes, including a public service tax 22 as provided in s. 166.231 in a county that has adopted a charter 23 pursuant to part II of this chapter, both for county purposes 24 and for the providing of municipal services within any municipal 25 service taxing unit, and special assessments; borrow and expend 26 money; and issue bonds, revenue certificates, and other 27 obligations of indebtedness, which power shall be exercised in 28 such manner, and subject to such limitations, as may be provided Page 1 of? (X)I)]N): \\brds StriclœR are de1etions; \\OI"ds underlined are additions. FLORIDA H 0 USE o F R E PRE S E N Agenda Item No. 10F T AMafchI22y20Q9 S Page 4 of t3 FIB 1251 2005 29 by general law. There shall be no referendum required for the 30 levy by a county of ad valorem taxes, botfi for county purposes 31 and for the pro~iding of ffiuniaip~l oor¥iaco ~ithin ~ny municipal 32 oer¥icc t~xing unit. 33 Section 2. Section 166.231, Florida Statutes, is amended 34 to read: 35 166.231 Municipalities and charter counties; public 36 service tax.-- 37 (1) (a) A municipality or a county chartered under part II 38 of chapter 125 may levy a tax on the purchase of electricity, 39 metered natural gas, liquefied petroleum gas either metered or 40 bottled, manufactured gas either metered or bottled, and water 41 service. Except for those municipalities in which paragraph (c) 42 applies, the tax shall be levied only upon purchases within the 43 municipality or such county and shall not exceed 10 percent of 44 the payments received by the seller of the taxable item from the 45 purchaser for the purchase of such service. Municipalities 46 imposing a tax on the purchase of cable television service as of 47 May 4, 1977, may continue to levy such tax to the extent 48 necessary to meet all obligations to or for the benefit of 49 holders of bonds or certificates which were issued prior to May 50 4, 1977. Purchase of electricity means the purchase of electric 51 power by a person who will consume it within the municipality or 52 such county. 53 (b) The tax imposed by paragraph (a) shall not be applied 54 against any fuel adjustment charge, and such charge shall be 55 separately stated on each bill. The term "fuel adjustment 56 charge" means all increases in the cost of utility services to Page 20f7 OOJ:JThU: \\brds stricken are deJetions; \\OJ"ds underlined are additions. FLORIDA H 0 USE o F Agenda Item No.1 OF R E PRE S E N T AMþCahd~2~~~ S HB 1251 2005 57 the ultimate consumer resulting from an increase in the cost of 58 fuel to the utility subsequent to October 1, 1973. 59 (c) The tax in paragraph (a) on water service may be 60 applied outside municipal boundaries to property included in a 61 development of regional impact approved pursuant to s. 380.06, 62 if agreed to in writing by the developer of such property and 63 the municipality prior to March 31, 2000. If a tax levied 64 pursuant to the subsection is challenged, recovery, if any, 65 shall be limited to moneys paid into an escrow account of the 66 clerk of the court subsequent to such challenge. 67 (2 ) Services competitive with those enumerated in 68 subsection (1), as defined by ordinance, shall be taxed on a 69 comparable base at the same rates. However, fuel oil shall be 70 taxed at a rate not to exceed 4 cents per gallon. However, for 71 municipalities or counties chartered under part II of chapter 72 125 levying less than the maximum rate allowable in subsection 73 (1), the maximum tax on fuel oil shall bear the same proportion 74 to 4 cents which the tax rate levied under subsection (1) bears 75 to the maximum rate allowable in subsection (1). 76 (3) A municipality or a county chartered under part II of 77 chapter 125 may exempt from the tax imposed by this section any 78 amount up to, and including, the first 500 kilowatt hours of 79 electricity purchased per month for residential use. Such 80 exemption shall apply to each separate residential unit, 81 regardless of whether such unit is on a separate meter or a 82 central meter, and shall be passed on to each individual tenant. 83 (4) (a) The purchase of natural gas, manufactured gas, or 84 fuel oil by a public or private utility, either for resale or Page 3 of? OODll'U: \\breis striøJ.œ¡n are deletions; \\Ofds underlined are additions. ,""'-' 85 86 87 88 89 90 91 92 93 94 95 96 97 ,-' 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 -, F L 0 Agenda Item No, 10F PRE S E N T AMa;:ch,22YZ0Q.6 S Page 6 of f3 RID A H 0 USE o F R E HB 1251 2005 for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from taxation hereunder. (b) A municipality or a county chartered under part II of chapter 125 may exempt from the tax imposed by this section the purchase of metered or bottled gas (natural liquefied petroleum gas or manufactured) or fuel oil for agricultural purposes. As used in this paragraph, "agricultural purposes" means bona fide farming, pasture, grove, or forestry operations, including horticulture, floriculture, viticulture, dairy, livestock, poultry, bee, and aquaculture. (5) Purchases by the United States Government, this state, and all counties, school districts, and municipalities of the state, and by public bodies exempted by law or court order, are exempt from the tax authorized by this section. A municipality or a county chartered under part II of chapter 125 may exempt from the tax imposed by this section the purchase of taxable items by any other public body as defined in s. 1.01, or by a nonprofit corporation or cooperative association organized under chapter 617 which provides water utility services to no more than 13,500 equivalent residential units, ownership of which will revert to a political subdivision upon retirement of all outstanding indebtedness, and shall exempt purchases by any recognized church in this state for use exclusively for church purposes. (6) A municipality or a county chartered under part II of chapter 125 may exempt from the tax imposed by this section any Page 4 of? COIJN:J: \\bIds strickeflare de:letions; \\Ofds underlined are adctitions. "., ...... .... ~... FLORIDA H 0 USE o F Agenda Item NO.1 OF R E PRE S E N T A Mþ~hd~2r;~~ S HB 1251 2005 113 amount up to, and including, the total amount of electricity, 114 metered natural gas, liquefied petroleum gas either metered or 115 bottled, or manufactured gas either metered or bottled purchased 116 per month, or reduce the rate of taxation on the purchase of 117 such electricity or gas when purchased by an industrial consumer 118 which uses the electricity or gas directly in industrial 119 manufacturing, processing, compounding, or a production process, 120 at a fixed location in the municipality or county, of items of 121 tangible personal property for sale. The municipality or county 122 shall establish the requirements for qualification for this 123 exemption in the manner prescribed by ordinance. Possession by a 124 seller of a written certification by the purchaser, certifying 125 the purchaser's entitlement to an exemption permitted by this 126 subsection, relieves the seller from the responsibility of 127 collecting the tax on the nontaxable amounts, and the 128 municipality or county shall look solely to the purchaser for 129 recovery of such tax if it determines that the purchaser was not 130 entitled to the exemption. Any municipality or county granting 131 an exemption pursuant to this subsection shall grant the 132 exemption to all companies classified in the same SIC Industry 133 Major Group Number. 134 (7) The tax authorized hereunder shall be collected by the 135 seller of the taxable item from the purchaser at the time of the 136 payment for such service. The seller shall remit the taxes 137 collected to the municipality or county in the manner prescribed 138 by ordinance. Except as otherwise provided in S8. 166.233 and 139 166.234, the seller shall be liable for taxes that are due and 140 not remitted to the municipality or county. This shall not bar Page 5 of? CC)I)IN}: \\brds st:riclœnare de1etions; 'MJIds tmderlinedare additions. FLORIDA H 0 USE o F Agenda Item No. 10F R E PRE S E N T AM<i/fch,22v20Q0 S Page 8 of f3 HB 1251 2005 141 the seller from recovering such taxes from purchasers; however, 142 the universities in the State University System shall not be 143 deemed a seller of any item otherwise taxable hereunder when 144 such item is provided to university residences incidental to the 145 provision of educational services. 146 (8) (a) Beginning July 1, 1995, a municipality may by 147 ordinance exempt not less than 50 percent of the tax imposed 148 under this section on purchasers of electrical energy who are 149 determined to be eligible for the exemption provided by s. 150 212.08(15) by the Department of Revenue. The exemption shall be 151 administered as provided in that section. A copy of any 152 ordinance adopted pursuant to this subsection shall be provided 153 to the Department of Revenue not less than 14 days prior to its 154 effective date. 155 (b) If an area that is nominated as an enterprise zone 156 pursuant to s. 290.0055 has not yet been designated pursuant to 157 s. 290.0065, a municipality may enact an ordinance for such 158 exemption; however, the ordinance shall not be effective until 159 such area is designated pursuant to s. 290.0065. 160 (c) This subsection shall expire and be void on December 161 31, 2005, except that any qualified business which has satisfied 162 the requirements of this subsection prior to December 31, 2005, 163 shall be allowed the full benefit of the exemption allowed under 164 this subsection as if this subsection had not expired on 165 December 31, 2005. 166 (9) A purchaser who claims an exemption under subsection 167 (4) or subsection (5) shall certify to the seller that he or she 168 qualifies for the exemption, which certification may encompass Page 6 of7 CODII\G: \\brds striekenare de1etions; \\Ofds lUlder1ined are addiOOns. ~.._..._-"-"--- '0._., FLORIDA H 0 USE o F R E PRE S E N Agenda Item No. 10F T AM"fchI22v20~ S Page 9 of f3 HB 1251 2005 169 all purchases after a specified date or other multiple 170 purchases. A seller accepting the certification required by this 171 subsection is relieved of the obligation to collect and remit 172 tax; however, a governmental body that is exempt from the tax 173 authorized by this section shall not be required to furnish such 174 certification, and a seller is not required to collect tax from 175 such an exempt governmental body. 176 (10) Governmental bodies which sell or resell taxable 177 service to nonexempt end users must collect and remit the tax 178 levied under this section. 179 Section 3. This act shall take effect July 1, 2005. Page 70f7 CODINJ: "WOrds s1:ricken are deletions; \\OIÒs W1der1ined are additions. -- Agenda Item No. 10F March 22, 2005 Page 10 of 13 Florida Senate - 2005 SB 2424 By Senator Haridopolos 26-1584-05 1 2 3 A bill to be entitled An act relating to the municipal service tax; amending s. 125.01, F.S.; authorizing charter 4 counties to levy and collect a municipal 5 6 7 8 9 10 service tax; deleting the provision that a referendum is not a prerequisite to levying ad valorem taxes for the provision of municipal services within a municipal service tax unit; providing an effective date. 11 Be It Enacted by the Legislature of the S~ate of Florida: 12 13 Section 1. Paragraph (r) of subsection (1) of section 14 125.01, Florida Statutes, is amended to read: 15 16 125.01 Powers and duties.-- (1) The legislative and governing body of a county 17 shall have the power to carryon county government. To the 18 extent not inconsistent with general or special law, this 19 power includes, but is not restricted to, the power to: 20 (r) Levy and collect taxes, includjna a municiDal 21 service tax in a county that has adoDted a charter under part 22 II of chaDter 125. both for county purposes and for the 23 providing of municipal services within any municipal service 24 taxing unit, and special assessments; borrow and expend money; 25 and issue bonds, revenue certificates, and other obligations 26 of indebtedness, which power shall be exercised in such 27 manner, and subject to such limitations, as may be provided by 28 general law. There shall be no referendum required for the 29 levy by a county of ad valorem taxes, ~eth for county purposes 30 ancl fer th~ ~re.iding ef m~nici~al 6cr~!cc3 ~!thin any 31 lfIun!ci~al 6~r. ice temil"l§ tin! t. 1 CODING: Words 6trie](~1"l are deletions; words underljned are additions. Agenda Item No. 10F March 22, 2005 Page 11 of 13 F10rida Senate - 2005 26-1584-05 SB 2424 1 Section 2. This act shall take effect upon becoming a 2 law. 3 4 ***************************************** 5 SENATE SUMMARy 6 Authorizes a charter county's levying and collecting a municipal service tax. Deletes the provision that a 7 referendum is not a prerequisite to levying ad valorem taxes for providing municipal services within a municipal 8 service tax unit. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 CODING: Words ~tyi~](efi are deletions; words underlined are additions. .-' Agenda Item No. 10F March 22, 2005 Page 12 of 13 RESOLUTION NO. 2005-_ A RESOLUfION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LA W PROPOSED FLORIDA HOUSE BILL 1251 AND FLORIDA SENA TE BILL 2424, WHICH WOULD DELETE THE EXISTING WAIVER OF A RE}'ERENDUM FOR A COUNTY LEVY OF AD VALOREM TAXES FOR MUNICIPAL SERVICES IN A MUNICIPAL SERVICES TAXING UNIT. WHEREAS, Section 125.01 (1) (r), Florida Statutes, currently states, "There shall be no referendum required for the evy by a county of ad valorem taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit;" and WHEREAS, proposed Florida House BiIJ 1251 and proposed Florida Senate Bill 2424, if enacted, would amend Section 125.0 I, Florida Statutes, to require new Municipal SeJVices Taxing Units to be approved by referendum instead of by ordinance or resolution; and WHEREAS, the proposed legislation, if enacted, would severely restrict the ability of the Board of County Commissioners to meet the needs of CoWer County neighborhoods through municipal services such as road median beautification and stonn water management projects. 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, Ronda strenuously opposes enactment into law proposed Florida House Bí11 1251 and Florida Senate Bill 2424 because the proposed legislation would create oppressive restrictions on the implementation of new Municipal Services Taxing Units and is not otherwise in the public interest. Page I of2 .----" - .'- - Agenda Item No. 10F March 22, 2005 Page 13 of 13 2. The Board of County Commissioners of Col1ier County, Florida, requests that its Local Legislative Delegation advocate that the proposed Bills not be enacted into law unless and until the County's concerns are cured. THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this day of ,2005. ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman , Deputy Clerk to fonn ney: Page 2 of2 EXECUTIVE SUMMARY Agenda Item No, 10G March 22, 2005 Page 1 of 10 ,-' Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, in the amount of 55,156,000.00, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) Loan program which will fund this contract, Project Number 71006. OBJECTIVE: To obtain Board approval for a conditional award of a bid to construct pumping and transmission facilities for three lower hawthorn raw water supply wells (constructed under a separate contract) for the North County Regional Water Treatment Plant. CONSIDERATIONS: A. Public Pwpose: To' increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of our customers. B. Scope: The scope of this project includes construction of 8,000 lineal feet of 18-inch pipeline, three well buildings, three well pumps, an emergency generator, stonn water retention, an access road to each well building, and associated electrical, instrumentation and controls for three lower ,- hawthorn water supply wells for the NCRWTP, resulting in a net increase of approximately three million gallons per day of treatable raw water supply to the NCRWTP. C. Legal. Purchasing. and/or Finance De.partment Guidance: A recommendation for a conditional award of this project is being made because it will be funded by a low interest rate (approximately 3%) SRF loan. One of the specific requirements for eligibility under the SRF program, requires that the FDEP provide the final approval, authorization to incur costs, and authorization to the Board to execute the construction contract with the low responsive, responsible bidder. This conditional award will allow the County to secure the bid pricing, and upon written notification by the FDEP, the Board Chairman may execute the construction contract. The County Attorney's Office will approve the contract prior to the Chainnan' s signature. The method of procurement for this contract has been coordinated with the Clerk's Office and they have no issues with the approach being recommended. D. Procurement: Bid #05-3756 was advertised on November 5, 2004 and one hundred and twenty (120) notices were sent to prospective bidders. On December 23,2004 sealed bids were opened for this project. Four bid responses were received and are listed below: ,,,.~ Bidder Amount Mitchell & Stark Construction Co. $5,156,000.00 D.N. Higgins $5,269,000.00 Westra Construction Co. $5,490,600.00 Quality Enterprises, USA $5,635,798.00 The lowest responsible, responsive bid was received from Mitchell & Stark Construction Company in the amount of $5,156,000.00, which is lower than the design professional's cost estimate is $5,839,700.00. The bid tabulation is attached. Staff and the design professional, Hazen and Sawyer, have reviewed the bid and qualifications of the low bidder and have determined that MitcheIl & Stark Construction Company is qualified and able to perfonn the required work. Staff ·"··"__...".a.....'a. Executive Summary Approve Contract 05-3756 Page 2 Agenda Item No. 10G March 22, 2005 Page 2 of 10 concurs with the design professional's assessment that scope and costs are fair and reasonable, and therefore recommends award to Mitchell & Stark. The design professional's recommendation letter dated December 29, 2004 is attached. A timeline is attached which shows schedule and costs of all tasks associated with this project. FISCAL IMPACT: A. FY 05 Funding: Funds in the amount of $5,156,000 will be funded by a low interest rate SRF loan and will be available in Project 71006. The source of funds is Water User Fees, B. Total Estimated Proiect Costs: This project was intentionally divided into two succinct parts to expedite completion as follows: (1) Construct three Lower Hawthorn wells: Bid No.: 04-3663, includes site preparation, geotechnical investigation, and the construction and testing of three Lower Hawthorn production wells l8N, 19N, and 20N. The Board previously awarded this contract to Diversified Drilling on July 27, 2004, Item 10M, at a construction cost of $3,207,613.00. Additionally, land acquisition costs of $170,000 were inCUITed. (2) This project as described in the Scope above, Bid No. 05-3756, Pumping and Transmission Facilities, includes piping, pumping equipment, electrical, instnunentation/controls, site work, and structural work associated with the equipping of the wells constructed under Bid 04-3663 above, to make them functional wells that supply raw water to the NCRWTP, at a construction cost of $5,156,000.00. Total engineering design and inspection services costs associated with the total project are $622,350. This contract was awarded by the Board to Hazen & Sawyer on December 16,2003, Item 16(C)(14). Thus, the total project cost for Lower Hawthorn wells 18N, 19N, and 20N in service, producing raw water to the NCRWTP is $9,155,963.00. GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth management. The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25,2004 as Agenda Item 10D, and the FY05 Water Capital Budget approved by the Board on September 23, 2004. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: A. Conditionally award Conira.ct 05-3756 to Mitchell & Stark Construction Company in the amount of$5,156,000. B. Authorize the Chainnan to sign the standard construction contract after approval by the County Attorney's Office and after receipt of final written authorization fi'om the FDEP as required by the SRF loan provisions. PREPARED BY: Peter Schalt, PMP, Interim Principal Project Manager, Public Utilities Engineering Department ····_...,._..-.>·"H"·..""_>O,,_"'~ Agenda Item No. 10G March 22, 2005 Page 3 of 10 ,,- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10G Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, in the amount of $5,156,000.00, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) Loan program which will fund this contract, Project Number 71006. (Jim DeLony, Administrator. Public Utilities) 3/22/2005 9:00:00 AM Meeting Date Prepared By Date Peter Schalt. PMP Senior Project Manager 3/3/20069:16:53 AM Public Utilities Public Utilities Engineering Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 3/3/2006 3 :23 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 3/4/2006 8:64 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 3/4/200511:02 AM Approved By Steve Carnell Purchasing/General Svcs Director Dete Administrative Services Purchasing 3/8/2006 1 :03 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 3/9/2006 7:28 AM Approved By William D. Mullin. PE Principal Project Manager Date Public Utilities Public Utilities Engineering 3/10/2006 8:62 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 3/10/2006 2:04 PM Approved By James W. DeLony Public UtUltles Administrator Date Public Utilities Public Utilities Administration 3/10/2006 3:43 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20069:47 AM Agenda Item No.1 OG March 22,2005 Page 4of10 Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 3/14/200510:24 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/200511:62 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/16/20059:24 AM Environmental Engineers & Scip.ntlsts Agenda Item No.1 OG .. March 22,2005 Page 5 of 10 Hazen and sawyer P.c. 4000 HollywoOd BoulMrd 7SOO, North Tawer HQ/Iywootl, Ft 33021 9~ 987·0066 Fær.: 954 987-2949 HAzEN AND SAWYER December 29, 2004 Pete Senalt, PMP Principal Projeðt Manager COlUER COUNTY PUBUC UTILITIES ENGINEERING DEPARTMENT (PUID) 3301 East Tamiami Trail Building H Naples, Florida 34112 NCRWTP Lower Hawthom WeUs 18N, 19N and 20N Pumping and Transmission Facilities Bid No. 05v3756 R8cDmmen~atiqn to AwarliJ Cpnatruction Contract Dear Mr. Schalt: ( The Collier County Purchasing Department received and opened bids for the above- referenced project on Deœmber 23, 2004. A total of four bida, were opened and read aloud. According 'to tfje' Bid Tabulation prepared by the Coflier County Purchasing Department (attached), aU four bids were responsive. Based upon our review we consider Mitchell & Stark the lowest priced,responsive ·and responsible bidder with aT ota! Bid Price amount of $5,156,000,00 As such, we recommend that the North County Regional Water Treatment Plant Lower Hawthorn We/ls18N, 19N and 20NPumping and Transmission Facilities Bid No. OSv 3756 be awarded to the low bidder, Mitcnell & Stark. Note that the Engineer's estimate for this project was $S,839,700.00 We appreciate the opportunity to assist the County wIth this important project. Please call if you have any questions. Very truly yours, HAZf:N AND SAWYER, P.C. ~/~ George A. Brown, P.E. Project Manager c: Albel1Murr/;t, Gal}' Bars, rifle/ )I;Þt-K:/tl1lm, John Larpey, Merle Medim.; Don WlIIiam¡. John Koro$hfH:, F'ile 41010,00111.2 Attachment 0I470HJL077 turf>' ."~"I! ~J'(" ~Int)[k NV" Pnii¡u~r)'1J. PA.. i;,WfM v,¡ .. ;trJieti"iti. Nr: . eJ.,jr[C<flf ~Jr,.. ¡'¡'lf1,W ¡¡/~.. Ai.illl~rJ ::fA .'1·().T(~';f\oct Ft. £i!ì(~ !IIarr:n ¡:'I. .. j:'fl"! ~~r~. iii. . T'Ui"Q,à ~~i.... $4{;J~(;! H .. CI"a~ G-Þ!)it\~~ H "'-'-.'-"""<-"'.,.-,. 'r ---------- -------------- - -.- -- ---..---------.-"" ---- Bid 05-3756 "NCRWTP Lower Hawthom Wells 1aN. 19N and 20N Pumping and Transmission Facilities" Date Due: December 23. 2004 project Milnager: Peter Schalt Date Poat8d: November 5. 2004 Addendum 12 .... .t.1~~~!_~.!15._ _º~li!l Ent.. USA Westra Conlt Desert Mobilization shall be Smiled to no more than 5 percent of !he talal contract price. Moblllz8tion Includes, but II not limited to, the labor, equipment and materials for the acquisition of all bonds. all insurance. all required permits. setting up of field oIficea, dellvely to the site of aU ContnIctor's equipment required for the first month's . operation8, 8Ubmltlal and ec:ceptance of the pl8COl1atruc:tion videoe, setup of job site sanitary facilities. I installation of all project signs and OSHA required noIices. I have lhe Contractor's superintendent at the job site full I· time, submiIIaI of the Preliminary CPM Schedule (with . intIIrdependenc:ies and logic), and Preliminary Schedule ofj' Values. proper insurance certificate with Collier County Board of County Commissioners being listed as additional insllred, submittal of 8 detailed Schedule of Shop Drawing Submittals, QAIQC Plan, Risk Managemenl Plan. 8ubmittal of the a lilt of iIem8 \he ContI8ctor expecÞ to submit as "Or Equal" Items, II1.Ibmittal of the coating schedule in accordance with 09900-1.04 of the technical specifications, attendance at the pl'llCOl18truction conference, attendance at the Preliminary CPM Schedule Review Meeting, submittal of \he Revised Original CPM Schedule and the Detailed Schedule.ofValues, and project coordination for the Lumø Sum Price of: $250 000.00 $240 SOD.OO $281 789.00 Page 1013 Agenda Item No. 10G March 22, 2005 Page 6 of 10 Notices Sent 120 Packages Received: 4 DNH $234.000.00 Bid 05-3756 "NCRWTP Lower Hawthorn Weill 18N, 19N and 20N Pumping and Tnanlll'l1inion Facilities' Dele Due' December23 2004 prcect MaI1llgØl': Peter Schell Dete P08ted: November 5, 2004 Addendum 12 Agenda Item No.1 OG March 22. 2005 Page 7 of 10 Notices Sent .,20 Packages Received: 4 (' Mitchetl & StaIIc Quatilv EÆ., USA Westra Conal ON Hlaalna ¡ Item o.crtDlion 2 L'..L-uan Conditions Allowance: Included in this allowanoe is WOf1( allOCialed with unto_een conditions or conflicts devetoping from unforeseen conditions. All work authorized for payment wiD be authorized in writing by the OWNER via Work Directive. Amount to be paid per unforeaeen condition or conftict shell be negotiated or agreed to by bolt! parties as fair and reasonable. The OWNER et their discretion, reservea the right to award any, all or none of the money associated with this allowance. $100,000.00 $100,000.00 $100,000.00 $100,000.00 3 Allowance for Excavation and Disoosal of Oraanlc Material fmm Utilitv Trenchino and the ReoI&cement with Off-Site SeIecI Fill Material: Allowance item for all material, labor, and equipment for the excavation, removal and disposal of unsuitable IOiÍII (i.e., contain mont than 10 percent organic materl81s) from the utility trenching. The unsuitable materials shall be replaced with off·site select fill material and compacted in accordance with the Contract Documents. The quantJties shall be detennined as in place 81 calculated from the dimansion on the Otawinga. All work authorized for payment will be authorized in writing by the OWNER. Amount to be paid IIhaII be on a fair and reasonable unit coat basi. negotiated or agreed to by both parties. The OWNER, at , their discretion reserves the right to sward any, all or none ! of the money associated with this allaNance. $300 000.00 $300 000.00 $300 000.00 $300,000.00 Page 2 of 3 Bid 05-3756 "NCRWTP Lower Hawthorn Weils 18N, 19N and 20N Pumping and Transmission Facilities' Date Due' December 23 2004 Project Manager: Peter Schall Date Posled: November 5, 2004 Addendum 12 Mitchell & Stat1c I auarttv Enl, USA Westra Const. Item DescrlDtion I 4 Roc:I\ Removal: Unit COlt Item for aU werle ..-sary for the removal of roc:Ic: In accordance with the Contred Documents" The quantities ani in plaCe as cak:ulated from the dimension on the Drawlnas. 5 Unit Cost TCYi Unit Price {4700 I All Other WorK: Included In the Item Is alllTllllerlal, labor, and equipment for completion of the wori< In accordence with the Contract Documents and not included in other bid Items for the lump sum price of: --... ITOTAL (BID ITEMS 1 THROUGH 5 INCLUSIVE): I I . MATERIAL MANUFACTURERS LIST OF SUBCONTRACTÓRS 'ST ÀTEMENTOF EXPERi'ËNë"e"OFEÏi50ËR" ¡b~~î~f~~~~~Ë~~"-:::~::-:~-~~"-:- iBID BOND . ". - '. Addenda INI Aaent: BRII1da Britat WItneSS: Sue H!Ibbe $25.00 $117500.001 $4,398,000.00 $5,156,000.00 y y y y y y y Page 3 of 3 $31.251 $146;875.001 $10.001 $47,000.001 $4,807,134.00 $5,635,798.00 $4,793,600.00 $5,490,600.00 ..-...... Y i Y y-I y -Tu--¡" -- y - y ~-.~"~:.~-~-~~'" .:'-" ~-~~._~.~.y" -. ~ y y y' ---ÿ ....--"'-.- y y Agenda Item No" 10G March 22. 2005 PaQ.e 8 of 10 Nalices Sent: ..,20 Packages Received: 4 ON Hiooins $50.00 $235,000.00 $4,400,000.00 $5,269,000.00 y- y- y-- .y.__ ~- y y I l Agenda Item No.1 OG March 22,2005 Page 9 of 10 Fact Sheet SUDDlement North County Regional Water Treatment Plant(NCRWfI') Lower Hawthorn Wells tIN, t9N, and 20N Pumping and Tran.mi..ion Facßitfe. The first phase of this project cummtly under a separate contract, consists of only drilling lower hawthorn wells 18N, 19N, and 20N. It was bid on July 9, 2004, and the Board approved that work on July 27, 2004, Item 10M. The Notice To Proceed is currently awaiting site development plan approval. The work associated with the award of this bid will add the necessaty appurtenances to the aforementioned wells being constructed in the first phase, and will allow conveyance of the raw water from the wells 18N, 19N, and 20N to the NCRWTP for treatment and ultimate distribution of potable water to our customers. Agenda Item NO.1 OG Märch 22, 2005 Page 10 of 10 Project Name: North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Well. 18N, 19N, and 20N Pumping and TrBMmIHlon Fac:llltI.. I I : I EVENT Coat Land Acqulllltlon t1'1t.NO nln - o.Ign/Permlt N22,31O Conetructlon 1I.MI.t11 ....-.......-." InllMlCitlon """In........ Project TDÞI ...1...... Reœomendation:_Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18Nt 19Nt and 20N Pumping and Transmfulon FadUties, In the amount of SStlS6,OOO.OO, subject to the Florida Department of Environmental Protection's (FDEp) approval, authorization to Incur colts, and authorization for the Board to execute the subject construction contract as required by provisions oftbe low Interest rate State Revolving Fund (SRF) Loan program whleh will fund this contract, Project Number 71006. ¡ EXECUTIVE SUMMARY Recommend the Board adopt a Resolution opposing proposed House Bill 1325, and any similar Florida Statutes, that will severely limit all governmental authorities from providing cable and telecommunications services, as well as acquiring (or even contracting with) tax-paylng water and/or wastewater entities, including requiring the acquiring government to continue to pay ad valorem and other taxes being paid by the tax-paying entity, and regarding all such service., that the Florida Public Service Commission must rule in favor of the tax-paying entity OBJECfIVE: That the Board adopt the attached Resolution to oppose legislation, ~ if enacted into Jaw. will diminish the authority of Florida's local governments to provide Wi-Fi (wireless-fidelity), broadband services, and other telecommunications services, even where there is no private provider available in the geographic area. This legislation will also require that ad valorem taxes and other taxes continue to be paid by governmental authorities on tax-paying water and/or wastewater entities purchased or otherwise acquired by the governmental authority. CONSIDERATIONS: Staff is in receipt of a March 14, 2005 letter iÌom Representative J. Dudley GoodIette, requesting input to him regarding proposed House BiU 1325. On Friday, March 18, 2005, Florida Association of Counties (F AC) alerted staff regarding this legislation. F AC is opposing this legislation. Staff recommends the Board oppose this ill-conceived legislation. This is another attempt to further dilute the authority of local governments. House Bill 1325, sponsored by Representative Attkisson (R-Osceola) was overwhelmingly approved the Florida House Committee on Utilities and Telecommunications on March 17dJ. This Bill is moving quickly to the Committee on Finance and Tax and the Commerce Council. Related Senate Bills are SB 2072, sponsored by Senator Constantine (R-SeminoIe), and SB 1714, sponsored by Senator Bennett (R-Manatee), have not been scheduled for a hearing. FISCAL IMPACT: Adoption ofllie attached Resolution will have no fiscal impact. GROWTH MANAGEMENT IMPACT: Impact on growth management is unknown. LEGAL CONSIDERATIONS: Resolution has been approved by County Attomey. RECOMMENDATION: That the Board adopt the attached Resolution to oppose proposed House Bill 1325 and all similar legislation now pending before Florida's Legislature; and further direct Staff to deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier COWlty's Local Legislative ~q~a _~ Prepared by: D. E. "Bleu" Wallace, Director. CDES Operations Pi· ; --- ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,.--...- FLORIDA H 0 USE o F REPRESENTATIVES HB 1325 2005 A bill to be entitled An act relating to governmental authority in communication services; creating the Governmental Authority Provision for Communication Services Act; providing definitions; authorizing governmental authorities to provide I communication services in certain circumstances; providing requirements for the provision of communication services; requiring a referendum for the provision of such services; requiring regulatory compliance by governmental authorities and service providers; providing for the use of certain structures and facilities; authorizing governmental authorities to secure funding for certain costs; providing for the payment of taxes on certain acquired entities; providing severability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Governmental authority provision of communication services.-- (1) This section may be cited as the "Governmental Authorit Provision of Communication Services Act of 2005." (2) As used in this section: (a) "Covered service" includes any cable service Or telecommunications service and should be construed in the broadest sense. b) "Cable service" has the same meanin as in 47 U.S.C. s. 522 (6) Page 1 of 7 CODING: Words striçken are deletions; words underlined are addiUons. AGEN:)A ITÈM No. MAR 2 2 2005 hb1 25-00 Pc· 1. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 5S 56 FLORIDA H 0 USE o F REPRESENTATIVES HB 1325 2005 Ie) "Governmental authority" means any political subdivision as defined in s. 1.01, Florida Statutes, and any utility authority, other authority, board, branch, department, or unit thereof. The term includes any person owned, operated, or controlled by a qovernmental authority or in which a overnmental authorit otherwise has an interest whether direct or indirect. {d "Omitted service" means a covered service that a overnmental authorit determines is desired b the authorit 's residents but is not beinq provided to the residents by any private provider of covered services. (e "Person" has the same meanin as defined in s. 1.01 Florida Statutes. (f "Private rovider" means a rovider of covered services that is not a qovernmental authority. "Providin "" rovide " or " rovision," with res ect to a covered service, means offerinq or supplyinq a service for a fee or other consideration to a person, includinq any portion of the ublic or a overnmental authorit rovider. A erson that rovides a covered service. erson who receives a covered service. (i) "Su " with res ect to a covered service means actuall a service for a fee or other consideration to a includin ortion of the ublic or a overnmental authority or private provider. (') "Telecommunications services" means the transmission of sounds messa es data or Page 2 of 7 CODING: Words stri€:kSR are deletions; words underlined are additions. ~ ITEM Ho._ ht 325-00 MAR 2 2 2005 pt. ~ ? 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 FLORIDA H 0 USE o F R E PRE S E N TAT I V E S HB 1325 2005 other information of the user's choosing, by wire, radio, light waves, or other electromagnetic means, without change in the form or content of the information as sent and received by the user and regardless of the facilities used, and including fixed and mobile terrestrial wireless technologies or applications. (3) Except as specified in subsection (4), no governmental authority shall provide a covered service or a facility used to rovide a covered service. The fore rohibition shall not apply to, and shall not prohibit, a governmental authority from supplying a covered service, or a facility used to provide a covered service, to itself for its internal operational needs. overnmental authorit that is su a covered service on May 1, 2005, shall be permitted to continue su such service; however the overnmental authorit not extend or expand its services or service areas for existinq or new subscribers. overnmental authorit determines that there are omitted services, the governmental authority may commence providing the omitted services only upon the fOllowing conditions in the following order: 1. The governmental authority provides written notice to all dealers of communications services registered under chapter 202, Florida Statutes, with the Department of Revenue describing the omitted services. 2. No provider commences to provide the noticed omitted services or other substantially similar services within 240 days after the date of the written notice. 3. The governmental authority retains a feasibility Page 30f 7 CODING: Words £trj~ken are deletions; words underlined are additions. AGENDA ITEM No. l ~ hb1325-00 § ~ ¡, ~ MAR 2 2 2005 '-I Ps· FLORIDA H 0 USE o F REPRESENTATIVES HB 1325 2005 85 consultant to assess, in a written report, the feasibility of 86 the overnmental authorit 's rovision of the omitted services 87 includin consideration of the ca ital investment in facilities 88 to be used to rovide the omitted services; the ex enditure of 89 funds for labOr, financing, and administering the proposed 90 omitted services; usinq full-cost accounting, the proiected 91 ex enses and revenues; and the overnmental 92 authority's proposed method of financinq. 93 4. If the feasibility study indicates that the 94 overnmental authorit 's rovision of the omitted services ~s 95 feasible, the governing bOdy schedules a public hearing to be 96 held to consider the feasibility study, to afford the public an 97 0 to offer comments on whether the overnmental 98 authority should provide one or more of the noticed omitted 99 services, and to then,vote on whether to proceed. 100 S. If the qoverning bOdy votes in favor of proceeding, it 101 calls an election on whether the governmental authority may 102 rovide the omitted services that were the sub'ect of the 103 notice of the election shall include 104 with any other information reguired by law, a summary of the 105 omitted services and a statement that the feasibility study is 106 available for inspection and copying at a designated location. 107 The ballot at the election shall pose the question substantially 108 as follows: "Shall insert name of the overnmental authorit 109 0 erate a business telecovered or advanced services, 110 or cable services, as applicable (meaning those services III identified in the qoverninq body's vote)] to the inhabitants of 112 the overnmental authorit ] at a total cost of a roximatel Page 4 of 7 CODING: Words strickoll are deletions; words underlined are é!dditions. AGENI:>A ITEM No. hb 325-00 MAR 2 2 2D05 PI. . 0-- '-^""-'''.~,-_. .'~ ---_..-._._-~_..,...~.._."---..__." '-""'- 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 FLORIDA H 0 USE o F REPRESENTATIVES HB 1325 2005 insert amount from feasibilit ear?" (c) The ballot proposition may not take effect until submitted to the electors and approved bv a maiority of those votinq on the ballot. (d) If a malority of the electors vote to approve the ballot question, the qovernmental authority may thereafter rovide the omitted services that were referenced in the ballot question. overnmental authorit rovides a cable service shall comply with the Cable Communications Policy Act of 1984, 47 D.S.C. ss. 521 et seq.; the requlations issued by the Federal Communications Commission under the Cable Communications Policy Act of 1984, 47 D.S.C. ss. 521 et seq.; and all a licable state and federal rules and re ulations includin but not limited, to s. Florida Statutes, and those rovisions of cha ters and 337 Florida Statutes applicable to a provider of such services. (b overnmental authorit rovides a telecommunications service or advanced service shall comply, if a with cha ter 364 Florida Statutes and rules the Florida Public Service Commission; cha ter 166 Florida Statutes; and all applicable state and federal rules and re ulations includin but not limited to those rovisions of chapters 202, 212, and 337, Florida Statutes, applicable to a provider of such services. (c) Exercise of a qovernmental authority's power or authorit area includin or land use to re uire use b erson includin residents of a articular Page 5 of 7 CODING: Words striGken are deletions; words underlined are additions. AGENOA ITEM No. h MAR 2 2'2005 Pi· Iø . R 1325-00 " FLORIDA H 0 USE o F REPRESENTATIVES HE 1325 2005 14: develo of the overnmental authorit 's covered 142 services is prohibited. 143 Cd) A qovernmental authority shall apply the qovernmental 144 authorit 's ordinances rules and olicies and exercise an 145 authorit under state or federal laws includin those relatin 146 to the fOllowinq sublects, without discrimination as to itself 147 and any private provider of covered services: 148 1. Allowinq access to and use of public riqhts-of-way. 149 2. Al10winq access to, use of, and payment for use of 150 overnrnental authorit -owned or controlled oles conduits 151 easements, and similar facilities, such that the qovernmental 152 authorit shall be sub'ect to the same terms conditions and 153 fees if an for access to such oles conduits easements or 154 similar facilities that the qovernmental authority applies to a 155 private provider for such access. 156 (e) A overnmental authorit revenues 157 in su ort of the issuance of an bonds to finance the rovision 158 of covered services outside the qovernmental authority's 159 eo ra hical boundaries. The overnmental 160 authorit a vote of the electors issue 161 one or more bonds to finance the capital costs for facilities to 162 rovide covered services. ¡he election shall be conducted as 163 s ecified in cha ter 100 Florida Statutes. An bonds issued to 164 finance the overnmental authorit rovision of covered 165 services shall be secured and paid solely from the revenues 166 enerated b overnmental authorit from its rovision of 167 covered services. A qovernmental authority may not pay any such 168 bonds or an ination, financin or other costs associated Page 6 of 7 CODING: Words stri~k0f1 are delelions; words underlined are additions. AGENDA ITEM No. hb1325-00 MAR 2 2 2005 Pi. / 6 ._--_._~. __.._,.m_·"_··""'_·~·___"·~I" ._ ---- 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 '-.<-'...,~,--~--.._._"_._-_._--- FLORIDA H 0 USE o F REPRESENTATIVES HB 1325 2005 169 with such bonds, from the qeneral funds or other enterprises of the overnmental authorit or from the roceeds of bonds secured ~70 and to be authorit . the qeneral taxin owers of the overnmental h shall not a 1 to bonds issued b a overnmental authorit rior to the effective date of this act. (f) Notwithstandinq s. 542.235, Florida Statutes, or an~ other rovision of law overnmental authorit rovides covered services is subiect to the same prohibitions applicable to roviders under ss. 542.18 and 542.19 Florida Statutes. (6) If a overnmental authorit an entit that is water or wastewater services the overnmental authorit must continue to levied upon the entity. ~ In all decisions concernin Ii cable taxes overnmental authorit relatin to the ae uisition of or contraetin with covered services, water services, or wastewater services, the Public Services Commission shall rule in favor of tax-paYinq entities. (8) If an rovisions of this section or the a lication of an rovision of this section is found invalid the remainder of this act shall be iven effect without the invalid rovision or application. Section 2. This act shall take effect upon becoming a law. Page 7 of 7 CODING: Words stFickfJr1 are deletions; words underlined are additions. ~ hti~325-00 ~ ""I AG.ENDA ITEM No. MAR 2 2 2005 Y Pg. .. Florida House of Representatives J. Dudley GoodIette, District 76 Chairman, Rules & Calendar Council March 14, 2005 Mr. D,E. "Bleu" Wallace Collier County Government Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Wallace: Thank you for your letter and the resolution in which the Collier County Board of Commissioners expresses opposition to House Bill 305 and Senate Bil] 620 as it relates to "unwarranted and unjustified elimination of local government regulation of wireless commWlication facilities and sites." Currently, House Bill 305 passed unani'mously out of the Utilities and Commwúcations Committee. We wiD continue to monitor this issue. Recently, House Bill 1325 relating to Govenunent Authority in Communication Services has been filed by Representative Frank Atkisson. Enclosed is a copy of the proposed legislation. We would appreciate the" benefits of your thoughts on this legislation at your convenience, If you have any questions please feel free to contact us. Sincerely, /IJ)::--~ Jessica T. Kardas AGENDA lTEM·-'.... . No. ~: Jessica T. Kardas; Sarah H. Innis 330 I East Tamiami Trail Adm. Bldg Suite 203 Naples, FL 34112 (239) 417-6205 Fax: (239) 417-6207 5 \3 The Capitol 402 S. MORIoe SI. Tailabassce, FL 32399-1300 (850) 488-4487 Fa..,,: (850) 922-0806 E-mail address: dudJey.,oodlette@mynoridahouse.go," MAR 2 2 2005 ~. 7 .-. -_..._'".~~-_._._~~._.~---._._.- RESOLUfIONNO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, nOIUDA, OPPOSING ENACfMENT INTO LAW OF SPECIFIED CLAUSES IN PROPOSED nORmA HOUSE BILL 1325 IMPOSING UNREASONABLE AND UNJUSTIFIED OBLIGATIONS AND LIMITATIONS UPON GOVERNMENT AUTHORITIES REGARDING CABLE SERVICES, TELECOMMUNICATIONS SERVICES, WATER SERVICES AND WASTEWATER SERVICES WHEREAS. with renrd to cable services and telecommunication services, proposed House Bill 1325 defines "omitted service" as a "covered service" that a "governmental authority" ("GA") (including all Florida counties) determines is desired by the GA's residents and the omjtted service is Dot being provided by my private provider of the "covered service" and WHEREAS, this proposed BilJ defines "covered service" 10 include any cable service or telecommunications service construed in the broadest sense; and WHEREAS, this proposed Bill specifies (except in Grandfathered instances) that no GA shaH provide any such omitted service umCM the GA provides written notice _ describing such "omitted services" . to all "dealers of communications services" then registered under Chapter 202, Florida Statutes, with the Florida Department of Revenue- even jf the noticed dealer is not providing the "omíttcd ærvice" anywhere within any reasonable gC<Jgraphic proximity to the GA providing notice; and WHEREAS, this proposed Bill prevents each GA from providing its desired omitted service if any "provider" commences to "provide" the noticed omitted service (07 substantially similar service) within 240 days of the date of such written noticc, but the proposed Bill defines "provide" as merely "offering" to supply the omitted service; therefore the "provider" could prevcut supply of the service by the GA simply by "offering" the service within 24Q days of the GA's notice, and actual supplying the service could commence several years thereafter, and WHEREAS, proposed House Bill 1325 prevents each GA from providing its desired omittcd service unless the GA retains a ''feasibility consultant" and the retained consultant provides. feasibility study that indicates the GA's contemplated provision of the omittcd service is feasible; and WHEREAS, this proposed BiJI requires that the GA hold an election of the voters before it can provide the omitted servicc; and WHEREAS, this proposed Bill prohibits each GA from paying for related bonds including costs of origination, financing, and other costs assvciated with such bonds from the GA 's general ~nds or other enterprise fund; and WHEREAS, with rfll!ard to water and wa¡tewater servk:es. proposed House Bill 1325 specifies that if a govemmentalauthority ("GA") acquires any tax-paying entity that is providing water service or wastewater service, the GA must continue to pay the applicable taxes lcvied upon the acquired entity; and NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that; WHEREAS, in all decisions concerning governmcutal authority relating to the acauisition of. or contractiml with covered services. water services. and wastewater ~, the FJorida Public Service Commission shall rule in favor of the tax-paying entity. AGEN)A ITEM ~ MAR 2 2 2005 /0 Pi. .--.- 1. The Board of County Commissioners of Collier County, Florida opposes enactment into Jaw of proposed Florida House BiU 1325 because, with regard to so-called "omitted services" it imposes unreasonable and unjustified obligati0113 to provide notice, retain a "feasibility consultant." be c:ontroJled by thc consultant's "feasibility study," conduct an election, and be severely limited regarding issuing related bonds. 2. The Board of County Commissioners of Collicr County, Florida opposes enactment into law of proposed Florida House Bill 1325 because. with regard to water and wastewater services the GA foJlowing the acqui.sition must continue to Da, the aDDllcable taxes levied UDOn the aCQuired entity:; and 3. The Board of County Co.ouni.ssioners af CoUier County, Florida opposes enactment into law of proposed Florida House Bill 1325 because, with regard to cOntracting with or acquisition of all of the "covered services" as well as water service and wastewater" service, the florid. PubUc Sernce Commission Is mandated to RULE IN FAVOR OF THE TAX-PAYING ENTITY, 4. The Board of County Commissioners of Collier County, Florida, requests that its Local Lcgisjative Delegation advocate that the proposed Bill not be ClIacted into Jaw unlen and until the County's COJlCCnlll, as expressed herein. arc cured by amendments to proposed House Bill 1325, and similar legislation, including, as applicable, proposed Senate Bill 2072 and proposed Senate Bill 1714. THIS RESOLUl10N ADOPTED after motion, second and majority vote in favor of adoption this _ day of , 2005. A TIEST: DWIGIIT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COUlER COUNTY, FLORIDA Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to fann and legal sufficicncy: ~ Assistant County Attorney AGENDA , No. : MAR 2 2 2005 PI. /! ~ II.. Agenda Item No. 12A March 22, 2005 - - Page 1 of 2 NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney-client) session on TUESDAY, MARCH 22, 2005, in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Strategy related to litigation in the pending case of CoUier County v. Department of Community Affairs and City of Naples, Case No. 04- 1048GM, pending in the State of Florida Division of Administrative Hearings and the Second District Court of Appeals Case No. 2DCA#2DOS-392. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK by: Is! Patricia Morgan Deputy Clerk (SEAL) .- Item Number Item Summary Meeting Date Approved By Jacqueline W. Hubbard County Attorney COLLIER COUNTY Agenda Item No. 12A Marcn 22, 2005 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS 12A To discuss strategy related to litigation in the pending case of Collier County v. Department of Community Affairs and City of Naples, Case No. 04-1048GM, pending in the State of Florida Division of Administrative Hearings and the Second District Court of Appeals Case No. 2DCA#2D05-392. 3/22/20059:00:00 AM Assistant County Attorney Date County Attorney Office 3/11/20058:59 AM Approved By OMB Coordinator .,...c:ounty Manager's Office Administrative Assistant Date Office of Management & Budget 3/11/200510:44 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 3/11/20052:07 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/11/2005 2:48 PM EXECUTIVE SUMMARY Agenda Item No. 13A March 22,2005 Page 1 of 2 ,,- TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004. OBJECTIVE: To present to the Board of County Commissioners the comprehensive annual financial report for the fiscal year ended September 30, 2004. CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio Clerk to the Board of County Commissioners is responsible for coordination of the annual independent audit along with the production of the comprehensive annual financial report (CAFR). In this role, the Clerk is pleased to present to the Board the comprehensive annual financial report for the fiscal year ended September 30,2004. The comprehensive annual financial report (CAFR) represents a significant investment of effort by both the Finance and Accounting Department and County staff. We would like to express our sincere appreciation to KPMG LLP, the Board, the other Constitutional Officers, the County Manager, the County Attorney, the Division Administrators and the Department Directors, not only for their assistance with the CAFR, but for their cooperation throughout the year in matters pertaining to the financial affairs ofCoUier County. ,....-.., GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners accept the comprehensive annual financial report for the period ended September 30, 2004. Prepared By: '" f / / k M. Johnssen, CPA General Accounting Manager Reviewed By: 7' J es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: 3/15/ZtOs-' ....../.'/ I' ." Date: ~ý¡Þ::r -............. Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY Agenda Item No. 13A March 22, 2005 Page 2 of2 BOARD OF COUNTY COMMISSIONERS 13A This item to be heard at 11 :00 a.m. on March 22, 2005. To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2004. A copy of the Report is on display in the County Manager's Office, W. Harmon Turner Building, 2nd Floor, 3301 East Tamiami Trail, Naples, Florida. 3/22/2005 9:00:00 AM Management & Budget Director Date Office of Management & Budget 3/15/2005 5: 16 PM Approved By -James V. Mudd ..oard of County Commissioners County Manager Date County Manager's Office 3/15/2005 9:00 PM EMPLOYMENT AGREEMENT BETWEEN DA VID LJACKSON AND THE BOARD OF THE COLLIER COUNlY Co.MMUNITY REDEVLOPMENT AGENCY TIllS AGREEMENT is made and entered into this _ day of . 2005, by and between the Board of the Collier County Community Redevelopment Agency (the "CRA Board", and David L. Jackson. In consideration of the mutual covenants herein contained, the parties do agree as follows: 1. APPOINTMENT OF TIIE BAYSHORFJGATEW A Y TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken by the CRA Board at its meeting March 22, 2005, David L. Jackson ("Director") was selected to be the Executive Director of the BayshorelGateway Triangle Redevelopment Area rCRA"), retroactive to March 16, 2005. 2. DUTIES: The Director shall perform the functions and duties typical of a person in the position of a Director of a Community Redevelopment Agency. a. Director shall act as the Chief Administrative Officer of the CRA, reporting to and responsible to the CRA Board and be responsible for the day-to-day implementation of CRA programs and activities including CRA staff selection and supervision. b. Director shall devote full time efforts to the CRA and its mission. c. Director shall perform such other associated and legally required duties and functions, as the CRA Board and CRA Advisory Board shall direct. d. Director agrees to perform all such functions and duties, faithfully, competently, professionally and promptly to the best of Director's ability. 3. RESIGNATION: In the event Director voluntarily resigns his position with the CRA Board, then Director shall give the CRA Board thirty (30) days written notice in advance, unless the parties agree to waive such notice requirement. 4. ANNUAL BASE SALARY: Director shall be paid for his services rendered pursuant hereto at the rate of Eighty Eight Thousand Dollars ($88,000) per year, payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. AGE... . NOA [EM -"", N~..-,-fj..#-_ f,·~ 2~ 2005 p~ I Page 1 of 4 :1\. 5. SEVERANCE TERMS AND CONDmONS: In the event Director is terminated by CRA· Board with or without cause within the first six (6) months the CRA Board agrees that no severance pay shall be made to the director. After the first si"C (6) months, the CRA Board agrees to pay the director three (3) months of the Director's base salary for tennination without cause. 6. PERFORMANCE EVALUATION: After one year of employment the CRA Board agrees to review and evaluate the performance of the Director on an annual basis prior to the CRA budget adoption. CRA Board shaH provide Director with a written summary statement of the findings of the Board and provide adequate OPPOrtunity for Director to discuss his evaluation with the CRA Board. Based upon said review and performance evaluation, Director's annual base salary may be adjusted in an amendment to this agreement approved by the CRA Board and Director. 7. BENEFIT P ACKA(1E~ CRA Board agrees to provide comprehensive benefit package for Director equaJ to that which is currently provided to professional personnel of CoUier County Government. 8. SICK VACATION. PERSONAL AND !fOT .IDA Y LEA Vij;. Director shall accrue leave at the same ftequency and with the same canyover and other limitations, if any, as œrrently provided to persormel under the Collier County Manager's Agency Policies and Procedures. Director will receive a payout for aU accrued but unused vacation time consistent with the County Manager's Policies and Procedures regarding payment of benefits at separation. 9. DUES AND SUBSCRIPTIONS; CRA Board agrees to pay for the reasonable and CUstomary professional dues and subscriptions of Director necessary for his continued professional participation, growth and advancement, including national and state professional organizations. 10. PROFESSIONAL DEVPT .OPMRNT: CRA Board agrees to pay the reasonable and customary travel and subsistence expenses (in accordance with applicable Florida law), for Director and his staff's travel and attendance at any meetings and conferences, which the CRA Board shall approve. 1 I. AUTOMOBn.E: Director shall receive an automobile mileage reimbursement, payable at the end of each month consistent with the policies foIJowed by Collier County for its employees. Page 2 of .. (4A ~rt.h Z2, ZJX5 .' 12. LIVING EXPENSES: The CRA shall reimburse David L. Jackson for hotel expenses and meal expenses ftom March 16, 2005, through March 31,2005. 13. GENERAL PROVISIONS: a. The provisions of this Agreement constitute the entire understanding between the parties. Only the representations and understandings contained herein shall be binding upon' the CRA Board and the Director. No other representations or understandings are binding on the CRA Board and the Director unless contained in a subsequent, duly adopted and executed written Amendment to this Agreement. b. This Agreement shall be construed and administered in accordance with Florida and any other applicable law. 14. SEVERABILITY: Should any provision of the Agreement be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of the Agreement as a whole, or any part thereof, other than the part declared to be valid. 15. EFFECTIVE DATE OF TIllS AGREEMENT: This Agree~ent shall become effective upon execution by both panies and as otherwise stated in Paragraphs 1 & 11. IN WITNESS WHEREOF, the CoUier County Community Redevelopment Agency, County of Collier, State of Florida, has cause this Agreement to be signed and executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to form and legal sufficiency by the CRA Board General Counsel, and the Director has signed and executed this Agreement, that day and year first written. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: DONNA FIALA, CHAIR ATTEST: DWIGIIT E. BROCK, CLERK AGREED TO AND ACCEPTED FOR TIm DIRECTOR , Deputy Clerk BY: David L. Iackson Page 3 of 4 \4A rf'a.~ 22., 2!X1S Approved as to form and Legal sufficiency: Patrick G. White Assistant County Attorney Page 4 of4 14A tYbrth 22, ZW; i ~ Agenda Item No. 16A 1 March 22. 2005 Page 1 of 38 ,- Sheet 1 of 2 A\nBS~T2003-)URS314 EXECUTIVE SUMMARY Recommendation to approve petition A VESMTI003-AR5314 to vacate, renounce and disclaim the easements for public road right of ways recorded by separate instruments in the Public Records of Collier County, Florida, located in the Summit Place development in Section 34, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate, renounce and disclaim any rights acquired by the County and the Public in certain instruments which may have created a public road right of way. """,.--, CONSIDERATIONS: Petition AVESMT2003-AR5314 has been received by the Engineering Services Department ftom Roger Carter, PSM, from RWA Consulting, Inc. as agent for the petitionert Waterways Joint Venture IV, requesting the vacation of the 30 foot wide road right of ways located in the Summit Place development and referred to m the following Deeds: Official Record Book 589, Page 583, Official Record Book 588, Page 684, Official Record Book 160, Page 379 and Official Record Book 815, Page 1342, Public records of Collier County, Florida. These 30 foot wide road right of ways are described in the Deeds as "...less the north 30 feet and less the west 30 feet reserved for public right of way" and "... subject to an easement for public road right of way over and across the west 30 feet thereof." The Petitioner has not found evidence to show that Collier County has formally accepted these road right of ways. A road has not been constructed within these right of ways and there are no plans to use these right of ways for a public road. Letters of No Objection have been received from the following Collier County Offices: Public Utilities Division . Engineering Services Department Transportation Operations Department Transportation Services Division Letters of no objection have also been received from FPL, Sprint and Time Warner Cable. FISCAL IMPACT: Engineering Services has collected a $1,000 ''Petition to Vacate" fee from the petitioner, which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. ,,- Agenda Item No. 16A 1 . March 22, 2005 Page 2 of 38 Sheet 2 of 2 A\nBS~T2003-AùR5314 LEGAL CONSIDERATIONS: If the Resolution is adopted it will eliminate title concerns regarding whether or not the County and the Public have a right to use these right of ways. RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition A VESMT2003-AR5314 to vacate the County's and the Public's interest in the 30 foot wide road right of ways; 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 of the Resolution in the Official Records. PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department. ,<--- ..-.. Agel1da Item No. 16A 1 March 22, 2005 Page 3 of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MHllnQ DI. 16A1 Recommendation to approve petition AVESMT2003·AR5314lo vacBta, renounce and disclaim the casements for public road right of ways recorded by separate: instruments in the Public Records of Collier CQunty, Florida, located in 'h& Summit Place deyelopment in Section 304, Township 48 South, Range 26 East Collier County. Florida. 3/22/20059:00:00 AM ltam Numblr ltam Summlry Approved By Thoms.. E. Kuck, P.E. CDES Engineering S.rvic... Director Dote COfnRlonl1y Dlllvulopmctnl & CDES En9'no_øring Servlcea 2/17/':100& 12:21 PM EnvironmenÞI Service-. Approved By Sandra Lea EUL"Utivtl Sec:rewlY O..t. Comn)untty Development I. Community Developme"t & Environmental Servic... Envlron"\8nt, Services Admin, 2/2.'200& 3:&2 PM Approved By Con,t.nee A. John.on Oþeratlons. Analyst OatG CQmmunitv Dev*lopmClnt 8. Co""rmUllty DevolDpment 8. EnvlronmiH'btl SRI'VÎCIU¡, Envirolltne"tilll Servic.. Ad,ni". 3/1/20~' 12:11 PM Approved By Jotocph K. SchnlU1. Community Development & Environmental Services Admin5trator Dote Comrnunjty Developln4tnt & Community DeI!y.,lopn10nt & EnYlronment.' Servlce$ Envlronment..1 SII!!JVic.es Admin. 3/312~05 10:4.'1 AM Approved By OMS CODrdinator Adntinl..trativft Auiat.nt O.tn County M.nager's Offiu Office of Managem..nt & Budget 3/mOO& 2:0& PM Approved By Mark lsack.on Budget Analyst Date Coonty M,¡n¡lIger'. Offlc.e Offic.n of Management & Budget 3/101200& 4:45 PM Approved By Michael Smykowiki Managenal1t & Budget Director Dat. County Mønager's Office Office of Manag.ment & Budget 3114/2005 1:26 AM Approved By James V. Mudd CO\lnl)' Mannoor Da1. Boefd of County County Milnll\1er's OfficII Cor"mluiol'wr.. 3/1.1200& 1:02 PM Agenda Item No. 16A 1 . March 22, 2005 Page 4 of 38 RESOLUTION NO. 2005 - A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VESMT2oo3-AR5314 TO V ACA TE, RENOUNCE AND DISCLAIM THE EASEMENTS FOR PUBLIC ROAD RIGIITS OF WAY RECORDED BY SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA, LOCATED IN SECTION 34, TOWNSHIP 48 SOlITH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Sections 125.01(t), Florida Statutes, Roger Carter, PSM, from RWA Consulting, Inc., as agent for the petitioner, Waterways Joint Venture N, does hereby request the Board of County Commissioners to vacate, renounce and disclaim the alleged easements for Public Road Rights of Way set forth below over and across a portion of Section 34, Township 48 South, Range 26 East, Collier County; and WHEREAS, the alleged easements for Public Road Rights of Way appear in the following Deeds recorded in the Public Records of Collier County, Florida: Official Record Book 589, Page 583, Official Record Book 588, Page 684, Official Record Book 160, Page 379 and Official Record Book 815, Page 1342; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests, if any, over and across the 30 foot wide Public Road Rights of Way more particularly described in the above referenced Deeds, incorporated as if set forth herein, is hereby vacated, extinguished, renounced and disclaimed and this action is declared to be in the Public's interest and will provide a Public benefit: BE IT FURTIlER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Rcsolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of after motion, second and majority vote favoring same. ,2005, DATED: AITEST: DWIGIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chainnan Approved as to fonn and legal sufficiency: Jennifer A. Be1pedio, Esq. Assistant County Attorney Page I of I ~erved: 10/14/03 3:0IiilPM; 04~705e -> WATERWAYS HOMES; Q~7058i Oct-14-03 14:53¡ Page 2 Agenda ItiQl.,t.I~ Î;~A 1 MarëR~T, 2005 Page 5 of 38 ~ Sent By:· RWA¡ .. . _. (i) Attach_eat "C" PETmON FORM FOR THE EXTINGUISHMENT or PUBUC DEDICATED EASEMENTS RJ',CORDED BY SEPA.RA.1'E INSTRUMENT IN THE PUBUC lŒCORDS (QTJIEJl TIIAN ON A SUBDMSlON PLAT) ON PLATTED Oil VNPLATrED LA.ND. EXCEPT FOR PUBLIC ROADS A",,*,MTZOC3- Re. ~3J4- DateB.eee1ved:..JJ.,v. ~, ~~ padtloaff: PetltIoaer (Owaer): tv /J. rel2 tA.J ~ ~ ~ 0 J "-.11 Acldr"': J44/ L)AV/¿¿,N' ;5~eE r CitylSttþ: ~""'N~... R· ~4¢9 A...t: Ro~Ë£' C /JR -rit.;t? -. Addreu: 3060 g"e71/ #Ae.fE /)/l/ýt£. 5'H/T':-V(.) Telephoae: Z?J'I...~..1'1J1 city/State: A/ ~Pt ~s . ¡::-'¡¿?I'& /1),1/ Zip Code: ~+ 104- . LoeatloaofSubJec:tProperty: -5"u m Á1 / -r- 'p¿"'~G /t>¡r:::'" A/"pa;~ Locatio.: Secttoa~ Tow..hlp 4-a llaDlc:z4, ~ OffIcial Record. Book 5 e,q Pap (I) 6 e:g C8rreDt ZoDiac: II DoeI t.... affect d.aity?L Legal DeserlptloD: {"/.$,,,,'2 ,,¡Ç' AI£ ~ ()¡:" AI w 11 ,,. N £. ~ , F 5eRþll/ 54- Reason for Request: 5 ç W tv\."t\ Ii< e: QlJ.1 ef""~ e;Ñ T 11Iereby_::^,,~~...ror"''''-'' . v. 0,. ~.. ?/'Y 10 iduJ Slplme of Pedtloalr . I / Date /(c(qr>! ¡)q VofA1 po yf ;J¡- / ,?L-'jJ It / Prlat Name J (TItle) ~I eN~f(" 11L Telcplloae: '2.311- 3SZ- -~p ZIp Code: ~ -4 II ., Please see "Poli~y .ad Procedure forth Extiaauisbmeatot 1'Ubllc Easemeats by Separ.U-1aJtr.......t"- for tllie list of supportive materials ",bleb mu.t aceompa.y tJals petition, and deUver or maB to: COlDJIUIDlty Develop.eat " EavÚ'olUlMDtaI Services Dtvtsloa PlaJUdn& Servtca DepartlDtDt 2800 Nortb Ho....hoe Dr. Nap1.., Florida 34104 (1) If appliclDt II I Iud tnst, ladkate tile DIID' of beJ1eftdarl... (%) If appUcaat 18 . eorpontlon otber thlD a pabUe corporadoa, Indieate the ..me of omeer. &ad major ltoekbolden. (3) Jf appUcant Is a partaerslüp.l1mited part..rlbip or other bllslncu eatity, aadlcate the ....e of priDdpals. (4) Ust all otber owne1'S. - Attacbmcnt"C" 'Page 4 of 4 -~_.- Agenda Item No. 16A 1 March 22,2005 Page 6 of 38 Official Receipt - Collier County Board of County 'Commissioners CDPR1103 - Official Receipt Trans Number 458116 Date 1/30/20042:53:32 PM Post Date 1/3012004 Nbr Appl Name: RW At INC. Appl Stage/Status: COMPLETENESS STAGElPENDING Address: 3050 HORSESHOE DR. NORTH SUITE 270 NAPLES FL 34104 Proj Name: SUMMIT PLACE IN NAPLES Type: RMF TAZ: Subdiv Nbr: 100 Project Nbr: 2002030025 Payor: W A TERW A YS Fee Information GL Account 13113832632910000000 Total A~. Waived '·.00 11000.00 Payments Pa ent Code CHECK Account/Check Number 3628 Total Cash Total Non-Cash ijOO $1~:OO: '$\1¡~(ltOO' Total Paid Memo: Cashier/locatlon: GARRETT _S 1 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:1/30/2004 2:53:53 PM c- t I I I t' . L \ . -'~ . I ..-,- ...-.- I '--.- ______\~_.__ ..:..1_· DIIAPIIIC·IIC.... u--.r. T .~~I.. . " Agenda Item No. 16A1 March 22, 2005 Page 7 of 38 ~/'"'~:z;:t.I~~/ P.5.40, P. eo ..............-.;¡¡¡ t \ I o.&_-~ÏI........ o.a.....,!_N.t'l'li FV'JjRE 1.1\11111 ~Œ PH~S£-. -.na 0.11. IOCIII ... PO. .. =~ " ...."'.~.:'." THII JtfI1'ItWENT ",þ.w;D " JOHN .L HlLJON. 1t,I.W. !.Sf .271 _,,-IIC. LANG lUIYC'I'OItI'AND IIUJtI'OI _ WWN ~ nMW'. .Im' no _na ... ....n. ",""" \ I ._~-^- Aae~~a '11m o. 16A1 ttt' UR:M 2PG;O"'76 tu age 8 of ~ã Afk(~It'"q rdom tv: ~4H.1MI- Po." SfOO1bwn Cerår ~ .- Boca RIiIon. ~.f30 This Instrument Prepared By: John Paulich m, Esq. Paulich, Slack & WoUf, P.A. 801 Anchor Rode Drive, Suite 203 Naples, FL. 34103 ,. s... 3158006 OR: 3256 PG: 2675 UCODn 11 orncm DCOIDS of COLloIlI coom, r~ OC/03/Z003 It U:S7lII mCIT I, 1IOCI, CUU COIl lIotaO'.GO DC m U.S, DOC-.n 7000,01 leb: IDIA1I I CIWIf SlIO I0Il cmn CII ,.ea 1OCI11!111 n. um PREPARED WITHOUT BENEFIT OF 'ITI'LE SEARCH OR OPINION Parcel J.D. Number: 00204640004 00204600002 00203640102 00203640005 WARRANTY DEED THIS WARRANTY DEED made the ~ day of March, 2003, by RICHARD R. YUREWlTCH, SR., . singJe man hereinafter called the Grantor, to WATERWAYS JOINT VENTURE IV, . Florida general partu.enhip, whose post office address is: 914 Grand Rapids Boulevard, Naples, Florida 34120 hereinafter called the Grantee, WlTNESSEm: That the Grantor, for and in consideration of the sum ofS10.00 and other valuable coosidorations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that cortain land situate in Collier Cotmty, Florida, viz: PARCEL 1: The Northwest ~ of the Northwest 1/4 of the Northeast 1/4 of Section 34, Township 48 l' South, Range 26 Bast, Collier County, Florida, less the North 30 feet and less tho West 30 "-!..) feet thereof PARCEL 2: The West ~ of the Northeast 1/4 of the Nortlrwcst 1/4 ofthc Northeast 1/4 of Section 34, 0 Township 48 South, Range 26 East. Collier County, Florida. PARCEL 3: The East ~ of the East Vz of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of J I A Section 34, Township 48 South, Range 26 East, Collier CO\Ulty, Florida. PARCEL 4: The West Vz ofthc East Vz of the Northeast 1/40 the Northwest 1/4 of the Northeast 1/4 of 1-.) I Section 34, Township 48 less the North 30 feet and less the West 30 feet thereof. tÑ'tt:a~¡~~~76 *u Page 9 of 38 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and To Bold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said)and aDd 'Wi1l defend the same against the lawful claims ofall persons whomsoever¡ and that said land is free ofall cmcumbl'anc:es, excepttaxes . accruing subsequent to December 31, 2002; aDd subject to all easemcmts, restrictions aDd reservations common to the subdivision. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signod, scaled & dolivcred in our presence: - STATE OF FLORIDA COUNTY OF COLLIER. The foregoÎDg instrumcmtwas acknowledged before me this ~ 9t' day of m~-t' 2003 by Richard R. Yurewitcb, Sr.: ~ ( ) personally known to me cVprovided D tL VW-S U.CW~ Cb Notary Public as picture identification. - · G AUCIA L.E\'Þ.S8EU" "'*" PIIbIIo . 8l1li af flOllda . . Mt QomIII. IÖJII" Aua 7, 2005 ColMIIatlon' DDG4I141 BandId IIr IoIIdIonaI "*'Y ".", .- -.'.----.-'-..- .-,".--- "._~-' THIS INSTRUMENT PREPARED BY and After Recording Return to: Edward H. Gilbert, Esq. Edward H. Gilbert. P .A. 5100 Town Center Circle, Suite 430 Boca Raton, Florida 33486 3154299 oft~e~~l~~'f 16A 1 RlCORDID in OlPlCIAL UCORDS-O~{W o~12 03/31/2003 at 08:14AM DiIGBJ B. BROC:~lcf;:rITJI 1£ CO'S 350000,00 IIC '11 15.00 DOC-,78 2(50.00 Reta: ID~ARD H GILBIRT PA 5100 roo Cllnl CIlCLI IUO BOCA RAfOl 11. 33'88 Property Appraiser's Parcel I.D. No.: Space above Ibis 1iDe for recorder's use o SJ-ECIAL W ARRAN1Y DEED TIllS SPECIAL WARRANTY DEED, is made 1his -<t> day of March, 2003, bctw~ GOIDEN GA'IE FIRE CONTROL & RESCUE DISTRICT, aD Independent l¡Mdal fire eontroi district of the State of F'Iorid.a (the "Grantor"), whose address is 4741 Golden Gate Parkway, Naples, Florida 34116 and WATERWAYS JOINT VEN'roRE IV, a F10rtda &,eneral parlDenblp (the "Grantee"), whQIe address is 914 Grand Rapids Boulevard. Naples, Florida 34120, . WITNESSETH: Grantor, for and in consideration of the sum ofTen and No/loo DolJars ($10.00), and other good and valuable consideration to said Grantor ill hand paid by said Grantee. the receipt whereof is hereby acknowledged. has gxanted, bazgaincd and sold to the said Grantee. apd Grantee's heirs and assigns forever, the following descnòed land (the "Land"), situate, lying andbcing in Colliec County, Florida. to wit The South 112 of the Northwest 1/4 of the Northeast 114 of Section 34, Township 48 South. Rætge 26 East, Collier County, Florida The Land descn"bed herein does not constitute the homestead of Grmtor. SUBJECI' TO: I. ConditiOas, restrictions, reservations and casements of record, if any, but this provision shall Dot opcraæ to reimpose the same; . 2. Zoning ordinances and restrictions, reServations, prolu"bitioos and any requjrcments imposed by govemmentaJ authority; and . . 3. Taxes and assessments for the year 2003 and subsequent years; Grantor does ·hcrœy fully warrant the 1i1Je to the Land, and will defend the same against the lawful craims of all persons claiming by, through and under Grantor. TO HA VB AND TO HOLD, in fee simple forever, together with aU tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining. . (Signatures appear nut page) 0:'MYDOCSI3.c~ Doa.. At'So_CÌII WBnIIIy~... WWNrV_OI.wpcI _3 11:S1 OR: )25~aB'~ ~1~1 March 22, 2005 Page 11 of 38 IN WITNESS WHEREOF, Grantor has executed this Special WatTanty Deed on the date set forth above. WITNESSES: GOLDEN GATE FIRE CONI'ROL & RESCUE DISTRICT, an independent special fire control district of the State of Florida ~:r~~ Print N . ' L - .<\. ~dL By. ~~.ji( jJt cåA/ Charles M. McMahon, Chairman Print Name: Dt'SùP¿¡) ~ ~~QÙ r STATE OF FLORIDA COUNTY OF COLLIER ) ) SS.: ) My commission expires: ð day of March. 2003, by Robert dent special fire con1ro1 district The foregoing insUument was acknowledged before me this M. Mast, Chairman of Golden Gate. Fire Control & Rescue Distri an in oftbe State of Florida, who (did) (did not) take an oath. o Personally mown. IYProd~ced ID: .::J;"(:IIEe,i Lt~ VICKI tW)TIØI MY COt.NssIoN . 00 17007& ~1RES:"'f 11 ....... "-1IGIIIy1'WÞlc~ ,~." 0:IMY1I0CSIS4~ DcIcuaaØ\SpocIa Wllflllly1>ood.oanD II> WW1VTV OI.wpI moss \7-.$'7 - 2 *** ·OR: madcÐGen t-1J)1~'** March·~! ~ðÒ5 Page 12 of 38 EXHIBIT "A" The South 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 34,.Township 48 South, Range 26 East, Collier County, Florida o . ; G:\MYD0CS\3477\OOS\CIoIing DocwnencslSeller'l Affidayjt.ooFRD to WWN _Ol.wpd 011703 12:21 ~3- THIS INSTRUMENT PREPARED BY: and Returned to 2885339 OI\~eriQ~m~. ·1~')·5 f! · 2b'~ RlCORDIO in OlnCIlL DCOiOS 0 . etllJ!T, FL 11/13/2001 at 04:43PI DWIGH! I. B OCI, CLIRI CORS 1700000,00 DC PlI 15.00 DOC-.7' 11900.00 \ Edward H. Gi1bcr1, Esq. Edward H. Gi1bcr1, P .A. 5100 Town Center Circle, Suite 330 Boca Raton. Florida 33486 Retn: IOVARD B GILBIR! 5100 fOil Cll'la CIa '430 BOCA 11'01 rL 334.6 8 Property A.ppraIscr's Parcel J.D. No.: WARRANTY DEED THISINDBNTtJRE. is made this ~fOdÞber. 2001. betweon THOR REALTY CORP., a Florida COrporatioD (the "Orantor"). ~. is 971 Brilrçliff~ Tallahassee. Florida 32308- 6908; and WATERWAYS JOINT VENTURE IV. a Florida partnership (the "Grantee"). whose address is 914 Orand Rapids Boulevard, Naples, Florida. 34120. WITNESSETH: SpICOebovc this line for recorder's use '.. Tbatsaid Grantor. for and inconsideration of the sum ofTonandNo/lOO Dollars ($10.00). andotber good and valuable consideration to said Grantor in band p"a!d by said Gran~ the receipt whCROfis hereby acknowledged. has ~. bargained and sold to 1bc S81d Grantee, and Grantee's beirs and assigns foreVer. the foUowing described land (the "Land"), situate. lying and being in,Collier County. Florida, to wit: SEE AITACHBD EXHIBIT A SUBJECT TO: 1. Conditions. restrictions, resa:vations and easements of~ ifany, bùt this provision sball not operate to reimpose the same; 2. Zoning ordinances and restrictions, reservations, proJu"bitioos and any requirements imposed by governmental authority; and 3. Taxes and assossm~ts for the year 2001 and sub$cqucot years; and said Grantor does bereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever. ' , .... (8igrratrJrU and Nøtœy .l.c1awwIedgoment appeor nat pap) @J cr.\MYD0CS\i4~wun.aty J)ccð.TIø.wpd 010901 1%:3' " . - -_._--~.,- --- OR:A~~Û~~~9~ Page 14 of 38 IN WITNESS WHEREOF. Grantor has hereunto set Grantor's hand and seal the day and year first above written. WIrnESSES: t V~L~ Print Name: V ¡ c..toYL" C. l~y JzD:w;t:~... 0 J2 ~ Print Name: v-n..r~o..... E.~; (.Q/ STATE OF FLORIDA COUN1Y OF L c..ö c.-.. ) ) SS,: ) The foregoing instrument was acknowledged before me this a~ day ofOotober. 2001. by MICHAEL CONIGUO. as President of1HOR REALTY CORP... a FloridacoJ'þOaatioo, who did not take an oath. o Personally known. 1!t ProducedID: Çt.. A";,,cr~ .; ~~ My commission expÙ'cs: }.A..v c. ~. L ï l.~ v~ c. '5ot..._~ NOTARY PUBUC. State of . Print name: V. ~ -fat,-"... ~ ~,"",.....y 0:\N\'D0CSI347'7\OO2'1OOI\WIIIUIy Deed- nor. wpcI 01090112:31 2 *** OR: 4&2. 1P&:N¡¡~QM1 *** Marcn 2:Y,~ð5 Page 15 of 38 - Exhibit A Legal Description - Thor Parcel The North.Yz of the South ~ of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, ~ Collier County, Florida, Less and Except the Bast 100 feet thereof previously conveyed for highway D right-of-way. . - ø=5~~e3 @ :: 6e8/l484- @ = l~cf3'7'! @; 815/':34-Z I-~A_OA Agenda Item No. T6'ff1 .,... March 22, 2005 D~U.M"~~ 'n-#..,.16of38 c.l2:e...~ S. '!=J M'" ~., 4- "r,q.~ (Zcc.e.., p ,5 Sec·~'rwI1.48 J1. izIg.AJtx. . J "3ò' (rz. E>'I!151Zv5D F"e \.-S~ N. PU51-1J:: f2,/I.tt:.I) L~t W, '30 (e~E2V~ I=tJ2: R.1~IC: III 1&.1 ) - S":NT tI(: THE FUND COLLIER j . B- 7- 2 4:31PM; 9417741835 -> 941 649705Bj Agenda Item No. 16A1 March 22. 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", ' ~~:: .'. ~.:i;:~·.,.(#.· !'!o. .'t'oio..J ;,..',. ".~.r· ':#0.' ~~" ~f.:: .: ....:..,. .~. "10M .¡".....J -',. .oJ ,Iw "".. _" I....."J in .......,_"'" 01.14.. fl. 01 ; ;L..·... ':".."-,',- '. ........ .. .. .. - - .. ~ _ . ,_ . Ten Oft. ".1.10- "": _ _ _ _ _ ".ø.".,.~. ..;.. ';...~. ::,11 liiI'. .-.-'ó,,·1M..I ~ lop ~ ...iJ .,., . IJ.,........J ,......,.s..~--.¡ ..l.H..h'""'-l.' . .'. . ~.I..," S··. ....,...... IoootO"""" .... ...1./ so ",. alllol -" _, !/'r .-..1 -'. It I. l._ . ..... ......~.~, Il.. .I..n....."V d.....;n...' "-I. ._1. ..J 10...,," ... .¡,. .("o.....P ", Co ' If" .. !:~;;...... .t/:'.r-...·!orld. ,'....,....1.; .. .<l~ SENT ~Y: THE FUND COLLIER; B· 7- 2 4:32PMj 9417741B35 ~> 941 649 7056; IM^<';L';HI ""L-oZ-I6295-2 08/07/2oo202:3.':25pm fi(=-~\I'''''r .J 01"·: :,\ ~¡..~..'.::~ ~~~ Ct!;¡.... " ..,. '.' ,.., '. ,. Þ!.Aft·:~r.. r <,:r.:ift t'~l"')I' ..,. ::f': ~ ~ :'~ c·t,. '. ........ 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I ¡!thKUI\' (:f.nlF\ ,..... _ <IIi. ...... ...... ..... .. ~{'::::ì' ....r~ ...,. .....¡.. ¡", .~ AI_,. ..-.--... __ lu.. ''!\of .:"....'" "..~...~ "" ..... .tlll~nI....~,... .......ar aw,"'oIn'd :.~"I .... ~ r"l"Þ~ flforr' 'i !t. ::.'. .. _ ~_. .. .... .Iot ..._ .:.-,.....d in ..d ..... ..,...,.d ,.. '.....',¡.r ¡"'''_II ..... :.r.. "... ~ .:& ~ ... tlO"""'. """"'. 'i\:J;;':.(::. .... Wn:Mi:A ., _ .... .tl"~ ,...1 in .ho a..-,. ... ....... ..., .......... ''''1 '..\"'", ../.~¿,-, : ... D. " i/ ~{im;~{" ..., .,..:~.:. :~i~~~,~~.o :..~~r~~···~ ':-¿."~"·.·;~1' .\.~ .I..~":",J... 'MIl lÞO'NIMIN'f "L,A.cÞ 1'1', ::t~..;:.. ,I'~~t'o:r~.~~ro:~::::';" .:J ':~'..~,. ~.~':~"r~=r';~."õI~~~"'tzI. ~'¡'.r~;:~~:~~;;~~::~~~~:.&>::~~f:~~~;:~;~:~,:~<' '~""' '_A_ t . ) . " I J . -::¡).~."""o?' ,1~:9=....._ ""..n~, "'orris 1"1. ~"""'oI"'~~ ... ....-.. ". .............. .7~\· ...,.t /' . W. ./1. / ....L. j;:tt.¡~~-~~·~"iï1:·· ~:'f.d4Q~.:.. My CQB~I~s1on eNþlr.s: f.l, ;.:. ..... t ... ..,.. ,:, ..~;[¡ ......... - ..... ......... .... .. "iA.";- C;fot......"'. ......... .....:10_.,.. .......t ..... ..1'."_' ~_r Agenda Item No. 16A 1 March 22, 2OI>œ Page 18 of 38 l"a¡:c I t.1 r 1 ® . -. '. .......'" 1 -;. '!.' \;.: . . .... ~ 0. .~. .... "'10.':" .. . ~~;, . . .~ .~.~;:'.~:{ /.~:~~-~~ ·,;1,' .... .~ :.;~y; ~., ~':".;~'~ , ;.'!i:~~ . '~'(f.1 .. "':!).:t. . / ·:-.··:::¡i.{i ~;.:..:~~ '. ~.;~ ,.J! .~( ";:" .,'. .t,.. ". '410; .':ok,,':".f' ...:1..: . .. ~ :'(:~\~~. ~:"..; ~';.~~'.l!. . .. . ~ . ":'.. .. . iI." '. rtà.I..,I..,.rc. MIØUÄ .' ~ Î-,j ,.: ....k .;,~. ,tl1I{.~~þ r .~. D. I_~. ÌJt'trEEN ø... i:o. ~..;.- .;.' !~J!I'4~=t ~ .. , J's.r.'t, ..,1:.. ÒØI'Ih;. .. .".- ..' ~ 01 tll~ C...-y of ," D.f~ . .' ... ... s....¡ ~.... of .r.. ~, ;.-: ..,¡ .ro·P"." uut ~ti.:u.. F~. lW.iblDd wU'e. .. .. ..to&. ~ ~b. eat!."..tt... . '. 84-G B.S. ·1.82 ~o... . . Børt1i JU-.1 B..cb~ l"'3.œ'Ua .~---Vl#' ". ~""':lIrr·l...-- JIIÐ. 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Lherefll;o.!'I..clJ5'-!!'....1: .},i.'L£~:.!~L.!:.~U~.v..2t!..1.x. .qrlOlI~~" .lQ&J¡i~,.r1!J"t:::oi..:.".ny.: _ õ\"CL:lUIIJr:c::'t .~o_..~~ç..l.lI!t...:E!ç. dS_~~~!!!!.Jc;",u l:.y~ ~""Î ~r_!~Z:<!t ,.~~ too ~~..!'~!'._~'!~~bl1c:. .r.o;.!...£_!L! ._....t-"..y..!!~{ ,.no:¡ .01'0*. ~~'t~~~D..!",,! rhl'n~.r! . =~, .... -.. :. ,. ~TA"T".ffi l.... F-L.DÞIÓÀ1' ; DoC'''''''. ;A~'AIiII.t..!"'JI¡I '. 1~';r'll r¡'.r_.~ - . I' . .. . _Ir,'" t ; l Q 0 ·1 ; ~~ .~~ , --___.u_____ -"-.---- , , J>JU!:1IAIIA'l'IG.' 'IF· Ut::I::O Ç.JtLr, ¿!;;'.".C=:--:' .. i).!··J:';'.j.'": ~! ." ~~~~. I~.~..\ !.tU~:l [;'i:~ ~~ ·.r f.....,:rr.l. \'\ II·: 9 !I. 7 "I~; .., ......... __ '\1 _..... .1-:0: ~ ~ -... ,-...... ~ -- .... till. .. ~ 1-01. ..,.¡ .... ~""0w4 .... ....... . _ .... ....1.1 ,10:.... .¡ ... ,A..... ..~". . ~...,. .,...I t\.,.r.....'.. IJW:II... '-I.... ... II""" .,.. ....."(..1 ""~ .... .¡hIt.. _"Me. c.-w IwM ~. to« ........... ...........¡ ......I.o.......,J _ w. _ .,. SI .,~...... "pj'" ""..... ",..w«t~ . ø~ ~J.I,:~'~- . .~~A'i¡¡"LU.tJ ~~~..... - c::;: ; _' . ,_.ß..f.z:f; (. U-..= _ .~ ":,}:)u.::" ¡. W_ tftC)~ .... :IA'Of ~ (/ø,..~ (,)I"," OC . .e u ~ . ~ . ..us- (tDtlfY ..... .. .""r klolt' _. u" ..It...., ...",., ..,..a.1..~' ... ...~ ...""""""'....","" """"'~I, ~~f"' t:llward to. Cec:t:Dli,," .:Ill'll! Mfr.· III. CC'.::\'~1.Ini. C·.Lwzt..~l_¡_c;.,.-4....:..l.. ;__ I~ Ed.....ù £O. C<:c:øol1.ftr (~~~. ,7i'~j·~~:>~~~Lc ~ :~ . lInit:. H. Ccl!col ~r¡). --.-. ...__~I . 16A1 .2005 o of 38 @ ** TOTAL PAGE.03 ** t. --. k..._ .. h..o.... Mf..ø &kr'tfntJt"d tt\ .... ~ ..W<lVI. .. ,_ I...,........ ....,..,..,.... u""t "111"".."'''''"' )",J".,. .... .11.1 t "-t)' ...."...., ..... ..... .' ~ ,~ . .. \I"1Nf.~. 1'IiIIf' "'-"., ... ,,'IV ......J f'\ ... c_""....I ~ _I al.....,". I~, "'l$.J r; "'t' .,1 ./.:.-. ~ I¥ 7~ . .h ''''''''''-'.. . . -'--',--" . . '. J _ .JL~.» .~v<.~_'*'"~ , M" ~::ItI I',.ø.qo\ . . I J ......þl, ","",,", ......=. "--. ..=.-.. ...·..·r.......,....... QM_...~~.~~ ....;.: ~ i~:" ~'k~ · rh........... .....I.JQ ''-'"'' ~.. fl-'.1........ .... " .~ ,. " Parcel Agenda IfeM~ð, ~tÅ 1 March 22, 2005 Page 21 of 38 - Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System 0) OWNER INFORMATION II PROPERTY INFORMATION I Name:lwA TERWAYS JOINT VENTURE IV I parcel:00204I540004 II Acre:e.11 Addresa:914 GRAND RAPIDS BLVD I ~1482634 482634 TRS-, NAPLES I Address:" I [J;!ã!TI34 4826 NI/V1'4 OF NY,l1/4 OF I Address:!! I [J;!ã!TI\NE114' LESS N + W 30FT 9.11 I Addreu:li I Legal: AC Addreaa:NAPLES, FL 34120-4430 I Legal:11 I VALUE/EXEMPTIONS I I TAX INFORMATION I PAY TERMS I PAYMENT INFO Marttet value:l455S00 II County: 111,885.75 I Nov:lu02.21 I Paid Dt :1111'24/04 Taxable value:14S6600 I I School Stl11,72U9 I Dec:lIs,680.S7 Recpt:S3196 Millage Code:II036 I I School loc: II 1 ,107.32 I Jan:lIs,718.93 I Mach:1109 Homestd Ex:llo City Tax:nO.OO I I Feb:lIs,777.28 Paymt:H5,802,21 Agrlcttr EX:O Dependt387.64 I [ Mar: IIS,836.84 Mort:lo WIdow Ex:lo Water: 11239.82 II APr:llo.oo I STATUS INFO. I Blind Ex:llo Independ:1I498.32 II May:lo.oo Disabled:llo I Voter APpr:IIO.OO II Now Due:lo.oO I Non Ad va:N I I Veteran Ex:lo I Groll Tax:S,836.84 I I Inatallment:llN I I Wholly Ex:llo I Appr fe~:llo.oo I I Deferred:IIN I I Civilian Ex:llo I Advertiaing:IIO.Oo I I Bankrupt::IIN I TDA·llo Last Updated: 1/18/2005 5:00pm -, http://www.colliertax.comlRecordDetail.asp?FolioID=00204640004&Tax Y ear= 1/19/2005 '"~-- ._----,.. Parcel Agenda ,&~~J. q~À 1 March 22,2005 Page 22 of 38 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System €J OWNER INFORMATION II PROPERTY INFORMATION , Name:WATERWAYS JOINT VENTURE IV I IParcel:1l00204600002 II Acre:f4.77 , Address:1I914 GRAND RAPIDS BLVD I ~1482634 482634 TRS-, NAPLES I Address:1I I 1J5.!I]134 48 26 W1,2 OF NE1/4 OF Address:1 I I Legal:UNW1/~ OF NE1/4, LESS N 30FT I Address:1 I Legal:1I4.77 AC OR 1533 PG 183 r Address:IINAPLES, FL 34120-4430 I Legal:1 I VALUE/EXEMPTIONS TAX INFORMATION I PAY TERMS PAYMENT INFO I Market Value:1I238500 County:1I992.62 I Nov:2,933.33 Paid Dt :1111/24104 I Taxable Value:1238500 School st:I903.68 I Dec:2,983.88 Recpt:II63196 I Millage Code:lo38 SchOOIIoc:ls79.79 I Jan:2,994M Mach:llo9 I Homestd Ex:lo City Tax:o.oo I Feb:l3,024.99 Paymt: 112,933.33 Agrtcltr Ex:/lo Dependt:U192.45 I Mar:¡3,066.5S I MortUo I Widow Ex:UO I Water: 11125.57 I Apr:llo.oo I STATUS INFO. I Blind Ex:llo I ¡ Independ: J261.44 I May:O.oo I Non Ad Va:N ¡ Dlsabled:O I I Voter Appr:o.oo I Now Due:llo.oo I I Veteran Ex:/lO I I Gross Tax:13,055.55 Installment:/lN Deferred:IIN I I Vllholly Ex:/lO I I Appr fee:IIO.oo Bankrupt::N I I Civilian Ex:llo II Advertising:O.oO TDA:IIO "M~JL ¡ " I '~, ~~~~ ";~'~-lli1~"!ì~'t~~ Last Updated: 1/18/2005 5:00pm http://www.colliertax.comlRecordDetail.asp?F olioID=00204600002&Tax Year= 1/19/2005 Parcel Agenda 1&~f;J. "~À 1 March 22, 2005 Page 23 of 38 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System Œ) I OWNER INFORMATION II PROPERTY INFORMATION I I Name:WATERWAYS JOINT VENTURE IV I Parcel:1l00204080004 II Acre:1I20.00 I Address:1I914 GRAND RAPIDS BLVD I ~385 CR 961. NAPLES (Map) I Addre..: I U!i!Ð134 48 28 S1f2 OF NW114 OF I Address:! I I Legal:lNE114 I Address: II ~I I Address:!NAPLES, FL 34120-4430 I~I I v ALUE/EXEMPTIONS I I TAX INFORMATION PAY TERMS II PAYMENT INFO I Market Value:1000000 I I County: 114,181.90 NOV:\12,299.04 II Paid Dt :1111124104 I Taxable Vlllue:l1oooooo II SchooIStIl3,789.00 Dec:\l12.427.18 II Recpt:llu198 I Millage code:llo36 Schoolloc:l2,431.00 Jan:II12,565.27 I I Mach: 1109 I Homestd Ex:lO City Tlx:IO.OO Feb: 1112,883.39 II Paymt:I12,299.04 I I Agricltr Ex:IO Dependt: 11806.90 Mar:I12,811.50 II MortlO I I WIdow Ex:lo water:1152UO Apr:lo.OO II STATUS INFO. I I Blind Ex:llo Independ:11,096.20 MIy:llo.oo II I Dilabled:IO Voter Appr:O.OO Now Due:llo.oo II Non Ad Va:IIN I I Veteran Ex:O I GrolS Tax:I!12,811.50 InstallmentllN I I Deferred:IN I I VllhollY Ex: 110 I Appr fee:o.OO I Civilian Ex:O I Advertlsing:llo.oo I Bankrupt::IIN I I TDA:O I Last Updated: 1/1812005 5:00pm ,.- http://www.coUiertax.comlRecordDetail.asp?F olioID=00204080004&Tax Y ear= 1/19/2005 ~."'--".. Parcel Agenda I~~~J. ~~À1 March 22, 2005 Page 24 of 38 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System @ ! OWNER INFORMATION I PROPERTY INFORMATION I Name:WATERWAYS JOINT VENTURE IV Parcel:75115300523 II Acre:110.88 I I Address:1914 GRAND RAPIDS BLVD ~1848390 I Address:! I Legal:llsUMMIT PLACE IN NAPLES I I Address: I Legal:llpHASE 1 I Address:/ I Legal:I!TRACT 4 I Address:NAPLES, FL 34120-4430 ~I VALUE/EXEMPTIONS I I TAX INFORMATION PAY TERMS I PAYMENT INFO I Markel value:l~ I County:lO,42 Nov:O.oo I Paid Dt :1100100100 Taxable V.lue:l~ I School SI:lo.38 Dec:llo.oo I Recpt:O I Millage cOde:l@![] I Schoolloc:110.24. Jan:o.oo I MBch:loo I Homestd Ex:IE] City Tax:o.oo I Feb:IO.OO I Paymt/o.oo I Agricltr Ex: IE] I Dependt:/lO.08 Mar:o.oo I MortUO I WIdOWEx:lE] I Water:lO.05 I Apr.o.OO I STATUS INFO. I Blind Ex:11L:J I Independ:o.11 I May:llo.oo I Non Ad VB:lN I DiSabled:l!!::] I Voter Appr:/O.oo I Now Due:O.OO I InstallmentllN I Veteran Ex:IEJ I Gross Tax:/O.oo Deferred:N I Wholly Ex:lE] I Appr fee:llo.oo I Civilian Ex:lE] I Advertising: 110.00 I j BankruPt:IIN I TDA:IO . II COMMENTS ",2 , , )... j '.. .:".~ ". t·, . ~ .,1, Last Updated: 1/18/2005 5:00pm http://www.colliertax.comIRecordDetail.asp?FolioID=75115300523&TaxY ear= 1/19/2005 __~ --:-... 0........ _ ._._.~~ ,..._. .___._ _ -,. "." .,.~.. O".··F "~-' ,,'~'''__'_',.-. .-..- ~ ." _. .' - .......-.".",. .......'.......... Agenda Item No. 16A1 -v' March22 2005 . .Pa'è·'2'Š'-ar38· .- 9 '"",' i \ \! .....................~.~...............,...,... _.,...,..........."..:':~.............,........\ L...,................~~....................... .....,.......,........~~..,................. - NDU'E RIWJ' __ .. ¡.............;.;-..... IIOI.FE II3AD ~1q.~/.tr-n:; J!!!E. "~EÞ III II III III IDI I " OJ! l1li l1li 1211 , ~ I VI5ION p;e. PG. ! . leAl.! 1" - 400' ......u.~..u····..··ií_u.....u..........~ -' " I I ØI l1li III! l1li II, lID 111 ¡> .rt@) . :' I' : I l1li 1m " I all i 011 1JCJ ail II II . " I l1li IJÐ j I lID \" . III! m III! 314 . . I . I . I 11%1 . ¡ I II . 1m \111 ¡ I ¡ I till rm l1li 1m , COLL -~. SECTION !" TOW~HIP . 41! RA.NGE :!!\ OR4WN BV. OUE MIID_ UPDATE- BY, OATE 3B/ //'34· I -- -- ...._..:/10'.......--...--- .Agenda Item No. 16A 1 NORTH 1/4 CORNER SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST KENCO DEVELOPMENT INC INDIGO LAKES UNIT I TRACT C-2 NORTH LINE OF THE NORTHEAST 1/4, SECTION 34. TOWNSHIP 48 SOUTH, RANGE 26 EAST ~ VI .... dC ~~ ~~ "C ...~ co'" VlZ g~ ~;t . '" ::0> >V> z.... g, ... "'. "'VI ,.,1"1 >n VI::! ....0 Z '" .... LESS THE NORTH 30' AND LESS THE WEST 30' RESERVED FOR PUSLlC RIGHT Of" WAY; O.R. SOOK 589 PAGE 583 (PROPOSED EXTlNGUI SHMENT) N W+E LESS 'mE NOR'm 30' RESERVED FOR PUBLIC RIGHT-OF-WAY; O.R. BOOK S8a PAGE 5B4 (PROPOSED EXTINGUISHMENT) P ::0 ::0 I 0 . :> U1 ro::o'" o::oZ 0-<;::: ;>;:(D~ :ßAJ;:: <.DO_ U10 '1)'T;:!: C)EFi ~»r OZo .¡.. . -.J s GRAPHIC SCALE 1"_ 160' TI18 w: 1/2 0' THE N.E. 1/4 0' TllB N.W: '/4 ~ THR N.R. '/4 WATERWAYS JOINT VENTURE IV O.R. BOOK 3317 PG. 1456 o ::0-< 'C: ro::O 01"'1 o~ ^-' o ~;¡: (JI. t::~ -cO C):J: .» ::0 ã;0 .¡.. o 60 160 , TllZ N."'. 1/4 01' THR N."'. 1/4 OF THE N.R. 1/4 WA TERWA YS JOINT VENTURE IV O.R. BOOK 3317 PG. 1456 ROSENMAN, TR ALLEN M. F IBIO ALLEN M. ROSENMAN TRUST O.R. BOOK 1499 PG. 1345 WA TERWA YS JOINT VENTURE IV O. R. BOOK 3317 PG. 1456 LfGAL DESCRIPTION BEING PART OF SECTION 34, TOWNSHIP 48 SOUTH. RANGE 26 EAST OF COLLIER COUNlY, FLORIDA & UPDATE OWNER INFORMATION 2/4/04 RK ABBREVIATIONS; P.G. = PAGE O.R. - . OFACIAl RECORDS . '~.- CALCUL6.TED LfGAL DESCRIPTION: THE NORTH 30 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST '/4 OF THE NORTHEAST 1/4 OF SECTION 34. TOWNSHIP 48 SOUTH RANGE 26 EAST. AND THE NORTH 30 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST '/4 OF SECTION 34. TOWNSHIP 48 SOUTH, RANGE 26 EAST. AND THE WEST 30 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH. RANGE 26 EAST. SUBJECT TO RESTRICTIONS ANO RESERVATIONS OF RECORD. FrWA, INC. . lAND SURVEYORS <It IIC,APPERS ._........ :'" '. '., 3050 NORTH HORSE: OM[. .s\JJTE 270. (m) 8'49-'Ú;09 NAPLES. FLORI~~..'-"'.-~~' ".~._ ,~ - ..... :_~/.....-: :. .~ ~.,~ == , 'p L S'~~ ..., M - LS# 5702 , '"'. ..:-- - - ,..,............- DATE: 2/4/04";. -,;; -'. 'J'- . .....::......::: -,<~:(~::~:~?/ North RevØ l.dwg 02/04/2004 08:21 :38 AM EST nw ¡:! me Engineers, CONst~TIk! Surveyors & Mappers, ..... '" .. I'..J.. ..... Planners, Project Managers . 3050 North Horseshoe Orlve. Su~e 270 Napies, Florlde 34104 Phone: (941) 649-1509 FAX: (941) 849-7056 CONTþJNING 1.'2 ACRES MORE OR LESS. P:\200 1 \0 1-0150.' 1 Summit Place of Naples - Easement Vacotion\Exhibits\Eosement Vocation DATE, 4/16/0.3 SCAlE, 1" = 160' CLIENT: WATERWAYS JOINT VENTURE IV DRAWN 6", RK TITLE: CHECKED BY: RGC SEC, TWP, RGE, PROJECT 34 485 26E NUMBER: 01-0150.11 SHEET I NUÞ.oIBER: OF 2. FILE NUMBER: E.osement Voe. North Agenda Item No. 16A 1 ,.. NOR'TH 1/4 CORNER SECTION 34, TOWNSHIP 48 SOU'TH. RANGE 26 EÁST NOR'TH LINE OF" 'THE NOR'THEAST 1/4, SECTION 4, TOWNSHIP 48 SOU'TH, RANGE 26 EAST ROSENMAN, MICHÁEL D. HÁRRY B ROSENMAN O.R. BOOK 999 PG. 1047 O'IZ 0'10 OON (oJ 00 t.71_ -N ,-..,¡. () : ........== WATERWAYS JOINT VENTURE IV O.R. BOOK 3317 PG. 1456 I '"0 o I') ~ CD ~ O~¡;: ~Z~ \::~~. :;jfT\~ ;g<!:! . % -I -!> (}1 .(> o ~~ CD~ ~~ -2 (JI. ~æ ;g£ .> ~ ¡;¡;O -!> o jç~ CD~ ~; ... ",n ",,;J: ... ...~ "t]2 p~ ¡:o (}1 (}1 HERNANDEZ, RUBEN A. & ROSA H. O.R. BOOK 1 I 81 PG, 551 ROSENMAN. TR ALLEN M. F' /B/O ÁLLEN M. ROSENMAN TRUST O.R. BOOK 1499 PG. 1346 ROSENMAN, HARRY MICHAEL ROSENMÁN ÁLlCE MCNEESE O.R. BOOK 1276 PG. 1064 0'1 m~ O~.aJ_ ,,.,,-.. ~~ .s ;~ 11>% g~ ~~ -~ ~If) ~-I "'- ,.,~ .... 0'1 "'VI 0'1 ,.,¡!! çx¡ >:::1 ,n ~!f ~ ~O '-" Till 8. f /Z 0' 'I'D N."'. 1/" 0' 'l'1Ø N.I. 11" WÁTERWAYS JOINT VEN'lURE IV 0.1'1. BOOl( 3251 PC. 1912 WATERWAYS JOINT VENTURE IV 0.1'1. BOOK 2924. PG. 338 ROSENMAN, HARRY ALICE MCNEESE O.R. BOOK 1275 PG. 2074 SUBXCT TO Á 3D' WIDE PUBLIC ROAD RIGHT-OF'-WAY. 0.1'1. BOOK 160 PAGE 379 (PROPOSED EXTINGUISHMENT) ------------------------- SUBJECT TO A 30' WIDE PUBUC ROAD RIGHT-OF-WAY. 0.1'1. BOOK 185 PAGE 162 0.1'1. BOOK 815 PAGE 1942 (PROPOSED EXTINGUISHMENT) Till N. IIZ 0' 'I'D 8. '/Z 0' 'I'D N.I. '/4 WA TERWA YS JOINT VEN'lURE IV 0.1'1. BOOl( 2924 PG, 335 N r+B 30' o S 1 DO 200 , GRAPHIC SCAlE I·. 200' HOOVER TR. WILliAM L O.R. BOOK 2907 PC. 2221 ROSENMAN TR, ELEANOR O.R. BOOK 2438, P.G. 307 WATERWAYS JOINT VENTURE IV O.R. BOOK 2987, PG. 301 I LEGAL OESCRIPTION BEING PART OF' SEC'nON 34. TOWNSHIP 48 SOU'TH. RANGE 26 EAST OF' COLUER COUN'TY. FtoRIDA LÎ:lUPDATE OWNER INFORMATION 2/4/04 RK ABBREWl1l0NS: P.G. - PAGE 0.1'1. - Of'F1CIAI. RECORDS C . CALCULATED LEGAl. DESCRIPTION: 'THE WEST 30 FEET OF' THE SOUTH 1/2 OF' THE NORTHWEST 1/4 OF' THE NORTHEAST 1/4 OF SECTION 34. TOWNSHIP 48 SOLITH RANGE 26 EAST. AND '!HE WEST 30 F'EET OF' THE NORTH HALF OF' THE SOUTH HALF OF' THE NORTHEAST 1/4 OF' SECTION 34. TOWNSHIP 411 SOllTH. RANGE 26 EAST. RWA. INC. I' ~ ,_. LAND SURVEYORS Ie IoW'PERS .....,.' .' 3050 NORTH HORSE DRIVE. SUrTE 270,' '(2~ .. eot-9:-.'I5OQ.. . _ '. '~ ,.. r,.. NAPLES. fl.ORlDA 34104 - . .~.' .';'" -: ... ~ ....." ...... ::.... .. .....:.... - -"......: ~ . - - ..... ,..- :: /. :. "7.... :: ~ - ~ .. . .. .. .. .. SUBJECT TO RESTRICTIONS AND RESERVATIONS OF' RECORD. CONTAINING 0.92 ACRES MORE OR LESS. P;\2001 \01 -0150. I I Summit Place of Naples - Easement Vacation\Exhib;ts\Easement Vacation South RevN 1.dw9 DArt· 4 1 6 03 nw J:! me. ~N~~TIk! . ....... y 'f.L ..... Engineers, Surveyors & Mappers, Planners, Project Mwagers SCAlE: 1" = 400' DRAWN BY: RK CLIENT: WATERWAYS JOINT VENTURE IV TITLE: 3050 North Horseshoe Drive. SuR. 270 Naples. Florid. 34104 Phone: (941) 649-1509 FAX: 19411649-7056 CHECKED BY: RGC SEC.. TWP: RGE; PROJECT 34 48S 26E NUMBER: 01- 0150.11 SHEET 2 NUMBER: OF' a F'llE NUMBER: EOlomont VOt. South Agenda Item No. 16A 1 - bEe r--March 22, 2005 " I: , ME(J28 of 38 COIJlER COUNIY PUBLIC UfIUTIES ~ðN 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 . FAX (239) 732-2526 August 20, 2003 Roger G. Carter, Principal RWAInc. 3050 N. Horseshoe Drive, 81. 270 Naples, FL 34104 Re: Rosenman-Yurewitch WateIWa.rs}!._y~~~_____ __________ _ - --~------._. '. .-._--- -_.. Dear Mr. Carter: This office has reviewed your request to vacate an access easement within the above referenced property. The Collier County Water-Sewer District has no facilities in the area and we therefore have no objection to the vacation of the easement. Should you have any further questions, please feel ftee to contact me at 732-2571. :3~~q~ Engineering Technician cc: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:\engineering tech\eas6nent-r.e.w "~~l')semnan"Vllrewifih w~tepwaYl<jt. wnture rewed.doc - 11'" A~ ~ Agenda Item No. 16A 1 March 22, 2005 Page 29 of 38 .... '" , ,.La ... July 15, 2003 John Houldsworth Engineer Collier County Project Plan Review 2800 North Horseshoe Drive Naples, Florida 34104 Re: Vacation of an Access Easement Dear Mr. Houldsworth: Please be advised that we are the Consulting Engineers and agent for Waterways Joint Venture IV, property owners of the land described in the attached Exhibit A. We have been engaged by Waterways Joint Venture IV for the purpose of petitioning Collier County in connection with the vacation of an access easement cUlTently existing on their property. This access easement is described and depicted on the attached Exhibit A. As part of the formal procedure to vacate the access easement, Collier County requires that certain utilities and users of the access easement acknowledge this" Letter of No Objection." Please indicate your consent to the vacation of the access easement by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your prompt attention to this matter. Respectfully, RW A Consulting, Inc. Roger G. Carter Principal RGC The undersigned does hereby agree to have no obiection to the DroDosed vacation. BY:~~___\ Print Name:J,Io\~ \\w~"""'L\ Date:~t.t:;\"'~ 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (239) 649-7056 . www.consult-rwa.com --- ~ Agenda Item No. 16A 1 R E C f 'v£ March 22, 2005 o Page 30 of 38 ( ;;,.:-¡ COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT December 15,2003 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659·5787 transportation@colliergov.net Dwight Nadeau, Planning Manager RW A, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 Re: Request for Vacation of Easements Fonner "Golden Gate Fire and Rescue" and Yurewich" Parcels West of Collier Boulevard Dear Mr. Nadeau: Thank you for your letter of December 8, 2003 and the accompanying exhibits. In that letter you explained that the roadway easements are to be encwnbered by a conservation easement in favor of the South Florida Water Management District and as such will become unavailable for any future roadways or other infrastructure improvements. Further, you refer to the Summit PÍace and Brittany Bay PUDs, both of which have provided internal roads; sidewalks and other public safety and welfare improvements that obviate the need for the subject easements. Based on the infonnation provided in your letter and the prior infonnation provided by Mr. Carter of your finn, the Transportation Services Division offers no objection to the requested vacation. P.E. Operations Director cc: Nonnan E.Feder, AICP, Transportation Administrator Gregg Strakaluse, P.E., TECM Director Michael A. Etelamaki, P.E., Road Maintenance Director Don Scott, AICP, Transportation Planning Director Diane Flagg, TO & A TM Director File: Vacations ("Fire Station" and Yurewich") ,~, RECEIVED ~ JUN 262003 ~ COLLIER COUNTY GOVERNMENT Agenda Item No. 16A 1 March 22, 2005 Page 31 of 38' TRANSPORTATION SERVICES DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8494 FAX: (941) 774·5375 A CERTIFIED BLUE CHIP COMMUNITY June 24, 2003 Mr. Roger G. Carter RW A, Inc. 3050 North Horseshoe Driv.e, Suite 270 Naples, Florida 34104 Subject: Vacation of 30' Public Right of Way O.R. Book 589 Page 583, 584 Letter of No Objection Dear Mr. Carter: The Collier County Transportation Operation Development Review and Pennitting Department has reviewed your request to vacate the existing 30' Public Right of Way as described in O.R. Book 589 Page 583, 584. After looking at the infonnation you submitted, from the stonnwater management point of view, this Department has no objection on the vacation of the 30' Public Right of Way as depicted in the sketch and legal description submitted. If you have any questions regarding this matter, do not hesitate to contact me. ~~- . ~idarmes Minor, P.E., Senior Engineer Transportation Operation Development Review and Pennitting Department lAM1jcam CC: Ed Kant, P.E., Director, Transportation Operation Development Review and Permitting Department Richard Grigg, P.L.S., Land Surveyor, Engineering Services Department Reading File F:\ Easement Vacation\ Roger G. Carter """."'--".'- , . . ,- UWTA~ c f) ~, ,0;;. \. r r 1 '\.: (. ....... , ,.L.... . Engineers . Surveyors & Mappers . Planners . Projet:¡ Mana~eß Agenda Item No. 16A 1 March 22,2005 Page 32 of 38 ,: July 16,2004 Joe White Florida Power & Light 4105 15th Avenue S.W. Naples, FL 34116 Re: Vacation of Road Right-of-way Dear Mr. White: Please be advised that we are the Consulting Engineers and agent for Waterways Joint Venture N, property owners of the land described in the attached Exhibit A. We have been engaged by Waterways Joint Venture N for the purpose of petitioning Collier County in connection with the vacation of road right-of-way currently existing on their property. This right-of-way is described and depicted on the attached Exhibit A. As part of the formal procedure to vacate the right-of-way, Collier County requires that certain utilities and users of the right-of-way acknowledge this" Letter of No Objection." Please indicate your consent to the vacation of the right-of-way by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your prompt attention to this matter. Respectfully, ~nsUlting, Inc. n~~ Principal RGC The undersigned does hereby agree to have no obiection to the proposed vacation. BY~ ~ ~r::: Name: . . :Th¡q~¡JYV ~ J4!.SU'M I '-J~ AJö /:;)Q!;T1v<"::a D~~~t> ~c/l.ll1frS IF ~3'T1N~ Oll~ð'I\b ~GL I11tP A'-t$ m~ Ð\S'~ ~'/..Il.. 66 ~W)~ 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104. (239) 649-1509, fax: (239) 649-7056. www.consult-rwa.com Agenda Item No. 16A 1 March 22, 2005 Page 33 of 38 -* Sprint PO. Box 2469 Naples. Florida 34106·2469 August 27, 2004 Roger G. Carter R W A Consulting, Inc. 3050 Horseshoe Drive Suite 270 Naples, FL 34104 RE: Vacation of an Access Easement, Waterways Joint Venture IV Dear Mr. Carter: Attached please find a Statement of No Objection to the above referenced property. If you have any question or need additional infonnation, please do not hesitate to contact me. Very Truly Yours, k-ð4/-Lf Robert B. Whaley Engineering Manager - Naples District 239-263-6276 Enclosure _. .- Agenda Item No. 16A 1 March 22, 2005 Page 34 of 38 August 27, 2004 Page 2 Waterways Joint Venture IV - Vacate Access Easement Statement of No Objection Sprint has no objection to the vacation of the thirty (30) foot Platted Access Easement of as shown on the attached Exhibit "A". Section 34, Township 48, Range 26, Collier County, Florida. Sprint-Florida, Incorporated BY:~~ Robert B. Whaley Engineering Manager - Naples District '. Agenda Item No. 16A 1 March 22, 2005 Pa e 35 of38 , ~,.~ .' ;¡ . it", w· ...~ .... ~ .", .... ....~ ~fT1 ~!f; "Õ ...!i! CI';-"" ",.% ~i :i!:ï! . .., :;<1>- ~~ ~, too):Þ'" "'1'\ ~Q ",::I ....!£ "" ... - EXHIBIT "A II SKETCH mJ)DESCBIPTION KENCO DEVELOPMENT INC INDIGO LAKES UNIT I NOR'tl-i UN£: Œ THE NOR1'H£AST 1/4, SEC110N 34, 1RACT c- 2 . TO'MIISHIP 4B SOU"I1-\, RANGE 26 EAST .; 9 ;0 ::I):tO ~~'14 o::cZ ~-<~ 'i:DZ ø - ",;O;t: <00_ -o~~ p~~ ......>r 02:0 ..¡o.. . -.J ~ THE' NOR1ri 30' AND LESS THE WE:ST 30' RESERVED FOR PUBUC RIGHT OF WAY; O.R. 800K 589 PAGE 5113 (PROPOS£D EXTINGUISHMEN1) L.ESS THE NORiH 30' RESERVED FOR f>UBUC RIGHT-Or-WAY; O.R. BOOK 586 PAGE 58-4 (PROPqSEO' EXTINGUISHMENT) T1IE N.,"". 1/4 or ~ N."". 1/<4' 'OF TEE N.:Z~ 1/4 YUREW1TCH. RICHARD D.R. BOOK 2371 PC. B49 B -"" o ~~ ::0 -< .. 'C !:I ~::c '1'Ó~ õ~ .~ ..~.~ ,,~ :t:.~ ~ (1.£4_" "'-;0 ~.~.~ . "'- ~ ('") -. ... -o:r:""" ¡;: Ç') ~ ...:, ¡;; ~o .... == '" CI" ...~ o ?o2 [1);0 0...... 0;1; ,,~ ('") -:r: f.1\- Vô' "''22 -0£ Ç'):Þ- ::c ~o ~ s ~ o 80 160 , GRAPHIC SCALE 1":; 160' ROSENMAN, TR ALLEN M. F /B/O ALLEN M. ROSENMAN TRUST O.R. BOOK 1499 PC. 1346 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT O.R. SOOK 2668 PC. 902 LE~ DESCR1f>T10N BEING PART OF SEt1'1ON M. "TOWNSHF "'" SO\J1H. IWIGE 26 EÞSr OF COWER COIJN1Y. Fl.ORIDA I\BBREVllli10NS: P.G. E PAGE O.R. - OI'FlC1AL RECORDS C - CAlCULATED ~ "DESCRIFTlON: THE NOR'TH 30 FEET OF THE W£Sr '/2 OF THE NOR'TH£AS'T 1/>4- OF 1!iE NORTHWESr . 1/>4- OF THE NORTHEASr 1!4"OF SECIION 34, rowNSHIP 46 SO\1ni RANGE 26 EÞSr. AND THE NOR'TH 30 FEET OF TIlE NORTHWEST 1/4 OF 1riE NORTHWEST 1/4 OF THE NORTHEAST 1/4 .oF SEC110N 3-4. 'fC!WNSHIP +8 sou'!!;. RANC;[ 26 EAST. AND THE WEST 30 FEET OF THE NOImfWES'T 1/>4- OF 'THE NOIIDIWEST 1(>4- OF THE NOR'IHEAS'T' 1/>4- .oF SEC'I1ON 34. TOWIISHIP 48 SOUTH, RANGE 26 EAST. SUBJECT '1'0 RtS'TRIC'T10NS AND RESERVA110NS OF RECORD. Fr#tA. INC. lAND SUR'/E'I'ORS .,I.IAPPERS 3050 "'ORTH HORSE DRIVE. .SUrrE 270. (239) 64$-1509 NAPlES. FLORIDA :Yo 104 BY: ROGER G. CARTER, PROÆS$10NAL SUR\lE'l'OR. AND' IAAPPER LSI 5702 DAiE:' 4/16/03 . , CONTAINING 1.12 ACRES YORE OR LE:$S. 1":\2001 PrçjeCts\01-01SÓ.1' S!!Tm,it Place of Nopt~ - EQSemen~Vacatian\E<I.!'rnerrt Vacation Narth >4--14-03.dwg 04/'>4-/2003 05~2>4-;~ PM EDT :IE: CLIENT: 4 16 03 WATERWAYS JOINT VENTURE IV SD50 Nor1h Hcraeohoe DriIIe, SuI1e 270 ,.,.... F1cric11341D4 Phone: {lN1)848-1!109 FAX: (941) 8048-701!6 TITLE: EXHIBIT " Atl ;..:-. U\I~"~~~~ CONSUL~! Surveyors & Mappçrs, ..L'" Y 'f J.. .... Planncs, Project: Managers SY; RGC SEe; ~ RQE; PROJECT 34- 4-BS 26E NUMBER: 01-0150.11 SHEEr 1 NUMBER: OF' 1 FU.E NUMBER: EoMmtII'd Val:. Horth ;.' . ... NORTH 1/4 CORNER SECilON 48. TOWNSHIP 48 SOUTH. RANGE 26 EAST EXHIBIT .. Á 'f SKETCH AND DESCRIPTION Agenda Item No. 16A 1 March 22, 2005 F'd:¡O ::18 ur 38 NORTH UNE OF THE NORTHEAST ./4. SECilON 34. TOWNSHIP 48 SOU1ri, RANGE 26 EAST 1------- __~..J \ g 0 0 200 400 0 0 1cë! O)Z I ?~ 1c~ GRAPHIC SCALE 0)0 00;13 m;13 tc", ROSENMAN, MICHAEL D. 01'1 ~! 01'1 1 "= 400' (:X)N ~~ HARR'f B ROSENMAN è.o...l I YUREWlTCH. RICHARD o~ "'-< O.R. BOG< 999 PG. 1047 ())~ O.R. BOOK 2371 PG. 849 (") -Q ",0 \ z;.~ ""... 'N (,1'.- ~ .--. ..þ.. ~~ t::æ ....'" 8::i.1 ;g2 -o~ -02 HERNANDEZ, RU8I'..N A. II .> p~ p~ &: ROSA H. '" Õ;0 Õ;0 <:;0 O.R. BOOK 1181 PG. 551 "" ... '" (J\ ROSENMAN, 1'R ALLEN M. F /8/0 ALLEN M. ROSENMAN TRUST O.R. BOOK 1499 PG. 1346 ROSENMAN, HARRY AUCE IliCNEESE O.R, BOOK 1275 PG. 2074 0) ~ ~ .... CD ëi If:' (:X). ~ "" .--. :g~ 8 "0-, ....:t: 0>"" U)Z ~~ -<--< :I::I: ."., ~?ñ z.... "'- "." ... ". 0'\' '" '" 0) m'" (:X) ~g è.o ....!£ ~ ROSENMAN. HARRY ""Q-iAEL ROSENMAN ALICE MCNEESE O.R. BOOK 1276 PG. 1064 "" .--. ... ('") '-" HOOVER iR. WlLUAM L. O.R. BOOK 2907 PG. 2221 LEGAL DESCRIPTION BONG PART OF SECTION ~, TOWNSHIP 48 SOlT1H. RANGE 26 EAST Of COWER COUNTY. FLDRlDA rIlE S. t /2 OF T1IE N."". '/4 OF TllE NJ. 1/4 . GOLDEN GATE RRE CONTROL &: RESCUE OISTRICT O.R. BOOK 2668 PG. 902 WATERWAYS JOINT VENTURE IV O.R. BOOK 2924. PG. 338 SUBJECT TO A :50' WIDE PUBLIC ROAD RIGHT-Of-WAY. O.R. BOOK 160 PAGE 379 (PROPOSED . EX1lNGUISHMENT) ---- 30' SUBJECT TO A :50' WIDE PUBUC ROAD RIGHT-OF-WAY. O.R. BOOK 185 PAGE 162 O.R. BOOK 8,5 PAGE 1942 (PROPOSED EXTINGUISHMENT) THE N. 1/2 OF THE S. f/2 0' TllE N.E. 1/4- WATERWAYS JOINT VENTURE IV O.R. BOOK 2924 PG. 335 J!!. ¡ ROSENMAN TR. ELEANOR O.R. BOOK 2438. P.G. 307 WATERWAYS JOINT VENTURE IV O.R. BOOK 2987, PC;. .3011 ABBREVIATIONS: P.G. - PAGE O.R. - OFFICIAL RECORDS C - CALCULATED RW.... INC. LAND SURVEYORS & I.W>PERS 3050 NORTH HORSE DRIVE. SUITE 270. (239) 649-1509 NAPLES. FlORIDA 34,04 LEGAL DESCRIPTION: 'TH£ WEST 30 FEET OF THE soUTH 1/2 O~ THE NORTHWEST 1/4 OF THE NORTHEAST , /4 OF SECTION 34. TOWNSHIP 48 SOl1TH RANGE 26 EAST. AND THE WEST 30 FEET OF TkE NORTH HALF OF THE SOIJrH HAlF OF THE NORTHEAST 1/4 OF SECT10N 34, TOWNSHIP 48 SOllTH, RANGE 26 EAST. SUBJECT TO RESTRICTIONS AND RESERVATIONS OF RECORO. CONTAINING 0.92 ACRES MORE OR LESS. BY: ROGER G. CARTER, PROFESSIONAL SURVEYOR AND MAPPER LSI 5702 DATE: 4/16/Q3 P:\2001 Projects\01 -0150.11 Summit Place of Naples - Eosement Vacotion\Eosement Vocation South 4-15-03.dwg 04/15/2003 DillE: 4 16 03 UWJ:"~~ Engm~, CONS'Li'L~~ . Survcyors&Mappers, ........ "."...L ..... Pbnners, Project Managers 3050 North Horseshoe Drive. SuIte 270 Naples, Florida 34104 Phone; (94,) &19-1509 FAX: (941) &l9-71J56 08:45:42 IW, EDT CLIENT: WATERWAYS IV JOINT VENTURE s~ 1" = 400' DRA~ 81'; RK CHtCKED er, RGC SEe: 1'M': RC:E: PROJECT 34 48S 26E NUMBER: TITlE : EXH I BIT "A" SfiEEr 1 NUMBER: OF 1 FILE NUMBER: ~ \lac. -. 01-0150.11 ~ Agenda Item No. 16A1 March 22, 2005 Page 37 of 38 ,- D\lTAmc. CONSULTING ..&.. "" , ..... .&. · Planning - VISualization · Civil Engineering · Surveying and Mapping September 15,2004 Ben Streeter Time Warner Cable 1610 40th Terrace SW Naples, Florida 34116 Re: Vacation of Road Right-of-way Dear Mr. Streeter: Please be advised that we are the Consulting Engineers and agent for Waterways Joint VentureN, property owners of the land described in the attached Exhibit A. We have been engaged by Waterways Joint Venture IV for the purpose of petitioning Collier County in connection with the vacation of road right-of-way currently existing on their property. This right-of-way is described and depicted on the attached Exhibit A. As part of the formal procedure to vacate the right-of-way, Collier County requires that certain utilities and users of the right-of-way acknowledge this" Letter of No Objection." Please indicate your consent to the vacation of the right-of-way by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your prompt attention to this matter. Respectfully, RWA Consulting, Inc. Roger G. Carter Principal RGC The undersigned does hereby agree to have no obiection to the proposed vacation. By:/3~ Print Name:~;,; S.. ~........... Date: 'I h I...{ .# . . , , ~. " ' .. ' ~050 North HOl"l8llhoe Drive, Suite 270, Naples. Florida 34104' (239) 649-1509, fax:"(~3~) 649-7056 a 1542 Carson Street. Fort Myers. Florida 33901 . (239) 278-5224. fax: (239) 278-5419 www.conault-rwa.com -. '~"""'''-'---'' Map Output Agenda hl'eNÞo~ 1 Mar~ 22, 2005 Page 38 of 38 http://arc.collierappraiser.comlservlet/com.esri.esrlmap.Esrimap?ServiceName=ccadesi...1/19/2005 Agenda Item No. 16A2 March 22, 2005 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Leo A. Tegethoff and Shirley R. Tegethoff for 5.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $76,300. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Leo A. Tegethoff and Shirley R. Tegethoff (Tegethoff's). CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item l6A2, the Board confirmed their direction to staff authorizing staff to proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available and to bring these contracts back to the Board for final approval. The Tegethoff's parcel contains 5.54 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $75,000 was based upon one independent, state-certified, general real estate appraiser. ~"""'-" The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by the Tegethoff's, the County will pay the Tegethoff's $750 in liquidated damages. The CCLAAC approved this transaction on March 14, 2005, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $76,300 ($75,000 for the property, $250 for the appraisal, $250 for the Environmental Task Audit I, and approximately $800 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of March 14, 2005, property costs for Conservation Collier properties under contract, including this property, total $24,088,150. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. -, Agenda Item No. 16A2 March 22, 2005 Page 2 of 15 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Tegethoff Page 2 LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and <~- 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to the property, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5. Approve any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services I Facilities Management Department Conservation Collier Land Acquisition Program Project Design Report Date: February 22, 2005 Conservation Collier North Golden Gate Estates Unit 53 Location Map LlOW BLVO W SHAOY HOll.CM' BlVD E AVE N'4Y 4'ST ",,'E HE 3IHH AVE N.... :mTH AVE N E 37T;.¡ AVE NW 31lH "VE NE Tegethoff Property- 5.54 acres 35Ti-t AVE NW 35iH AVE !\IE :t1RD Ave N1I~ '" Q ~ '" JJRD A.VI: Nt: ::> ~ ~ ; ~ ~ "' % r I- r I- " " '" " ~ % % 0 Iõ !¡: ;;¡ 1!~TH ". "'iIi 7J\T}1 /l.V HE :z.t1H .WE NW 24TH AVE NE 24TH Ave NE Legend - NGGE Unit 53 , \'.~.~~d r NGGE Unit 53 _ C~'cle 2 Conservation Lands CREW PrOÐertv Owner: Leo A. and Shirley Tegethoff Folio(s):39490920004 Location: North Golden Gate Estates Unit 53, E 180 Ft of Tract 12 Size: 5.54 acres AÐÐraisal/Offer Amount: $75,000 Agenda Item No. 16A2 March 22, 2005 Page 3 of 15 Agenda Item No. 16A2 March 22, 2005 Page 4 of 15 History of Proiect: Received Project selected Project approved BCC Purchase offer Offer accepted application for the "An for purchase by approval to made to owners category, #1 BCC buy as priority, on the properties Active Acquisition become List by CCLAAC available confirmed 12/22/04 12/15/03 1/27/04 6/22/04 1/25/05 1/25/05 Purpose of Proiect: Conservation Collier Proeram Qualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to development, and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic farm field. Although the unit has been platted for single-family home development, at present there are no homes, streets are unpaved, and there is no electric service. Soils, hydrology, and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta), and a fem species, Royal Fem (Osmund a regalis) listed by the state as Commercially exploited, were observed in abundance. No listed wildlife species were observed; however, the entire tmit is directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and Wildlife Conservation Commission. Black bear, another listed species, are known to inhabit adjoining public lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, and buffer both areas and provide additional public access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land-based natural resource recreation including potential for hunting, as coordinated with limited seasonal hunting permitted on adjoining CREW lands. As to vulnerability, this area is zoned for single-family residences and although none have been built to date, permits could be issued at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manae:ement Activities: Removal of exotic plants, construction of trails, parking, and placement of fencing and signage are projected management activities, but these would not be done until more contiguous properties can be acquired. Item Number Item Summary Meeting Date Agenda Item No. 16A2 March 22. 2005 Page 5 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161\2 Recommendation to approve an Agreement for Sale and PlJrcllase With Leo Ä. iegethoff and Shirley R. Tegethoff for 5.54 acres under ttle Conservation Col1ier Land Acquisition Program, at a CDst not 10 exceed $76,300 3!22/2005 9:00,00 AM Prepared By Sel\i(lt' Pt(),U!tty Acquísition Spr.cialì$t 2:22;:.100512:27:12 PM Cindy M, EM) Admìl'1ístrative Services D~lt~ Facilities Management Re'¡ll E!>t;at¡~ Smviec$ Mallug1!r Oa.tI! Approved By CtWrh.!s l-:'. carrington. Jr., SRlWA Admilli:¡{mtivu St:rvic(>s Facilit¡r.~ Manü'i)ernent Z12Z,120QS 12:36 PM Senior Environmenta' Specialist Dat@ Approved By Alex:lI1dm J, Sulecki Community Development & Environmental Services E"vimntn~"tal S1~rviçote:!i, 21.23i:.1005 9:41 AM William D. Lorenz, Jr , P .E, Ellyimnmunf<ll SNVÍ(;t!~ Oirl!l;1:N Dati! Approved By Community Development & Environmental Services Environmental $crilces Z123l20DS 10:53 AM Sidp Camp, C,F,M. Fm:ilJties Managemcnt Director Dute Approved By Adnlin¡~tr.ati\'~ SmvicI!$ò Fm:Hilìeh Man;}g~rmm1: 2/23/20054:05 PM Sandra Lea Executive Secretary Date Approved By Community Development & Environmental Services Communi1y Dêvelopment & Environmental ServiC'@sAdmin. 2124/20054:06 PM COn$tilll~! A. Johrl!;on OrmratíolH; Analyst Cute Approved By Community Development & EnvironIHenbl $ervi(:M Community Development & En\lìr~)nn\ltnt.al $f!lvict!$ Admin. 3,'1/20059:24 AM D¡¡te Approved By J($eph K. Schmitt ComOlunity DC!!vHlopmont & Environmental Sl¡1rvìc~s Community Oevl!llopment & Environmental Services Adminstrator CommunIty O~velop,"",nt &. Environmp.fl1ul SfTrvicc.'S Admin. 3/3/200810:45 AM OMS Coordinator Administr"3tive Assistant Date Approved By County Manager'!> Office Offíce of Management 8. Budget 314/200$ 2:06 PM Mark Isackson Budget Analyst Oat~ Approved By County Mn"ólgCf'!ô Oftil:E! OtfiCE~ of M;ana!Jellltmt & Bud~l!!t 3/101:.1005 5:U9 PN Michael Smykowski Management & Budget Director Date Approved By County Manager's Officc Office of Managoment &. Budget 3/14/200512:11 PM Ct)unty Manól!ifH DatE! Approved By Jarne!> V. Mudd Board of Caunly Conuni¡¡gÎl)u~m County Manager's Office 3'14/2D06 $:33 PM CONSERVATION COLLIER Tax Identificalion Number: 39490920004 Agenda Item No. 16A2 March 22, 2005 Page 6 of 15 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between LEO A. TEGETHOFF & SHIRLEY R. TEGETHOFF, his wife, whose address is 101 Duffland Street, Pittsburg, PA 15210, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a pOlitical subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as ·Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00). the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Seventy Five Thousand Dollars ($75,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING·, OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. 1 CONSERVATION COLLIER Tax Identification Number: 39490920004 Agenda Item No. 16A2 March 22, 2005 Page 7 of 15 (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser·Seller closing statement. 3.0113 A "Gap: Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Servìce. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201..01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. . IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 2 CONSERVATION COLLIER Tax Identificalion Number: 39490920004 Agenda Item No. 16A2 March 22, 2005 Page 8 of 15 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this AgreelT!ent, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period·), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 It Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. Jf Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible tor any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty·four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 3 ~.."",,,,...,,_..,,,,_.._"-,,-,,"...,,";.;,,...,.. "".,...,,""'''.''''''''''''''''......''''''''''''-'''.._,''"'''...,''~,....''"''''.,.,."'' .. .. ·-.".u"_·..·.._·k ,~..< ...._---~------- CONSERVATION COLLIER Tax Identification Number: 39490920004 Agenda Item No. 16A2 March 22, 005 Page 9 f 15 VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If SeUer shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform ally of the terms, / covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon ~ percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers). hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property. and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge 4 CONSERVATION COLLIER Tax Identification Number: 39490920004 Agenda Item No. 16A2 March 22, 2005 Page 10 of 15 of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents 'that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary / sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landtHl. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to pertorm hereunder; nor is there any other charge or expense upon or 5 CONSERVATION COLLIER Tax Identification Number: 39490920004 Agenda Item No. 16A2 March 22, 2005 Page 11 of 15 related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder. shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile wh automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 ,--_. 6 T ;,""" ------~_.~.- CONSERV A TJON COLLIER Tax Identification Number: 39490920004 Agenda Item No. 16A2 March 22, 2005 Page 12 6f 15 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 If to Seller: Leo A. Tegethoff 101 Duffland Street Pittsburg, PA 15210 Telephone number: 412-884-4175 Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received. the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 7 CONSERVATION COLLIER Tax Identification Number: 39490920004 Agenda Item No. 1 A2 March 22, 2 05 Page 13 0 15 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. . XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise. representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN , Deputy Clerk 8 CONSERVATION COLLIER Tax Identification Number: 39490920004 AS TO SELLER: DATED: ¡;¡. ) ç~ 6 S WITNESSES: ~~L,,<~ (Signature) j1.II¡o/'"'-1l. ,,gC>Þ/iL L (Printed Name) <C~ ~ . .__l~ ~ (Signãture ).J ¡E i. ,Lit is C .., £.. SII J( ,/ 'I-/Z (Printed Name) WITNESSES: \?~ L", f:h~ (Signature) . t24rJ"'-1¿-.q?cl>1L'- (Printed Name) ËL~ ~...~t.-.LJ (Sig~ ;:; L, '2. >1 6i r ,/ (Printed Name) E. (" - !tvlc,i 1/ I<.. Approved as to form and legal sufficiency: ~~ ~fl~l~A>J-'Á Ellen T. Chadwell Assistant County Attorney Q/~ LOA. TEGET 9 Agenda Item No. 1 A2 March 22, 2 05 Page 14 0 15 Agenda Item No. 1 A2 March 22,2 05 Page 15 0 15 EXHIBIT" A" TAX IDENTIFICATION NUMBER: 39490920004 LEGAL DESCRIPTION: THE EAST ONE HUNDRED EIGHTY (180') FEET OF TRACT 12, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Agenda Item No. 16A3 March 22, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Southwest Professional Health Park". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Southwest Professional Health Park" CONSIDERATIONS: 1. On September 2, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Southwest Professional Health Park". 2. The roadway and drainage improvements will be maintained by the project's property-owners association. - 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's property-owners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. - ..-.,,,.......-.....,...-<... Agenda Item No. 16A3 March 22, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Southwest Professional Health Park" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department "...--" '- ,_""""·"",,·..~o.·_~·",·,·,,,·,·. Item Number Item Summary Meeting Date Aqenda Item No. 16A3 ~ March 22. 2005 PaQf~'3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation to grant final approval of the roadway (pnvate) alid draænage improvements for the fmal plat of "Southwest Prof(!ssionai Health Park" The roadway end drðinag~ improvements ~...iII bE: privately maintained. 3122/20059:00:00 AM John Houlds;wortÞ S~f\i()r Ençl¡I'~~r ,212J12005 9:54:34 AM Prepared By Community Developnu~nt & Environmental Se-rvicu D<lt-e Engineering Serljice~ CDES Engineering ServK:es Oirector Date Approved By Thomas E. Kuck, P,E. Community DI!VltloplT1ent & fnliironmenlal Sl1fVic:e<¡ CDes Engineering Service~ 2/23/200510:09 AM Sandra lea Executive Secretary Date Approved By Community De..elopml?'nl & Environn1ental Services Communl1y Development & Environmental Services Admin, 2/2412005 4:06 PM Condatu;t! A, J()~,"iöUtl D<l1e Approved By Community Development & EnvÎronmental Services. Ofle~n:lti(ms Ani.ly"t Community Development & Envin::<nn\enta SeF'llic.efi Admin. 3/1,'200$ 7:65 AM JO$l!':ph K. Sdu"!tl Dute Approved By C()mnllmity Devull)ptl1E~nt... Envirollmental ServicF.)$ Cornnmnity D.wclopmeut & Envìronmental Services Adminstrator CI)mlnunity Dt!ve(pment & Environmental Services Admin. 3/:1/2005 10:46 AM Adn'¡nis.tróltíve As:s.istant Date Approved By OMB Coordinator County Manager's Office Office of MRnagement & Budget 3/<4'2005 2:0G PM Marl< I$.ackt¡on Budglrt An.alyiö1 D:a~e Approved By County Manager's Office Office of Managèment & Budget 3'11/2005 4:58 PM Management & Budget Direc10r Date Approved By Michael Smykowski County Munagcr's Offic~ Office of Management & Budget 3/14f200& 8:27 AM County M~ruHJ~!r Dati! Approved By JilfnP-1> V. Mudd Board of County Commissioners. County MM2Ig~r's Office 3;!15)2005 9:01 AM - ......" "'" ~l !! I . LEE COUNTY -...=: ~ ~ LOCATION MAP -- "'" '(¡," ..... "'" -- ~. Agenda Item No. 16A3 March 22. 2005 Page 4 of 5 SITE MAP IIOI1THWE8T PIIOFE88IONAL I£AI.. TH PARK .~ RESOLUTION NO. 05-_ Agenda Item No. 16A3 March 22, 2005 Page 5 of 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN SOUTHWEST PROFESSIONAL HEALTH PARK., RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSffiILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE SOUTIIWEST PROFESSIONAL HEALTH PARK PROPERTY -OWNER'S ASSOCIATION WHEREAS, the Board of COWlty Commissioners of Collier COWlty, Florida, on JWle 24, 1997 approved the plat of Southwest Professional Health Park for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier COWlty Ordinance No. 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Southwest Professional Health Park, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the COWltyaccept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Southwest Professional Health Park Property-owner's Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2005. DATE: A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant Collier CoWlty Attorney Agenda Item No. 16M March 22, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Berkshire Pines Phase One". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Berkshire Pines Phase One" CONSIDERATIONS: 1. On September 14, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Berkshire Pines Phase One". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. .,t'___ 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The county attorney's office has reviewed and approved the Resolution. ,'......... .,.,._-_............~~.., Agenda Item No. 16A4 March 22, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Berkshire Pines Phase One" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department - .- Item Number Item Summary Meeting Date Agent'. Item No. 16A4 March 22. 2005 Page·:) ot 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16M Recommendation to grant final approval of the roadway (pnvate) and drainage improvements f'or (he fin.:a1 plat of ~B~rkshire Pines Phast! One". The roadway and drainage improvements will be privale)y maintained. 3/22/20059:00:00 AM PI'epared By S~ni(lr En!Jìne~r 212:312:QD5 1Ð:03:S4 AM John Hould~w(lrth Community Development & Environmental Service$- D¡)t~ Engineering Setvic~s COES Engineering Servìces Director Date Approved By Thomas E. Kuck, P.E, Community Pi"'lelopment & Enyironmental SmvíGcs COES Engineering SefVices 2123/200510:11 AM Dalte Approved By Constance A- Johnson Communi1y DevulopmiHll & Environmental Servic.es Operations Analys1 Community Development & Environmental Services Admin. 311/2DD5 7:51 AM EX"I~.;utíy~ S~cmt.ary Date Approved By Sal1dm Li!!'J Communíty Development & Envímnmental Services. Comnmnity Development & Environmental Services; Admin. 31112005 8:44 AM Joseph K. Sdllnít1 Dilte Approved By Community DevtdQprne!lt " Environmuntal S~rV¡C0!i. C()nmunlty De....olopmcn1 & Environmental Services Adminstrator CI)I'OJruJníty Dt!veklpment & Erl\lìronrncnlal Sefvices Admin. 3/Ji20QS 10:47 AM OMB Coordina1or AdminÎ,5.tratíve Äss.istant Date Approved By County Manager's Office Otfíce Df Manøgement & Budgel 314/20052:07 PM Approved By Mark IS;lr:k50n County Manager's Offíce 9udUr.1 AnalY'it Date Office of Management & Budget 3111/2005 8~OO AM Mßnagement & Budget DirectDr Date Approved By Michael Smykowski County MEmager's Officoe Office of ManagE'!rnent & Budg(!t 3/11120059:50 AM C()unty M"n¡ßgt!r Dah! Approved By Jum:e~ V, Mudd Board of County CDmmissioners County Manager's Otti<:e :1/11/20063:69 PM ,- " t¡{JUQI::-..J.TD if! " ~- "'.,.. "".. ,. ... .::;rr.:",_ -"'::'-:0-- .. ..... - ,.,. -- ~. i --.:r'2~- ~ LOCATION MAP Agenda Item No. 16A4 March 22. 2005 Page 4 of 5 SITE MAP IEIK8HRE I'N8 !'HAlE ONE RESOLUTION NO. 05-_ Agenda Item No. 16A4 March 22, 2005 Page 5 of 5 RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORlZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN BERKSHIRE PINES, PHASE ONE, RELEASE OF TIlE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR TIIE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY TIIE HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 2, 1991 approved the plat of Berkshire Pines, Phase One fOT recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final accep1mlce is hereby granted for those roadway and drainage improvements in Berkshire Pines, Phase One , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Berkshire Pines Homeowner's Association. This Resolution adopted after motion, second and majority vote fuvoring same, this _ day of , 2005. DATE: ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney Agenda Item No. 16A5 March 22, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Briarwood Unit Eleven", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security OBJECTIVE: To approve for recording the final plat of "Briarwood Unit Eleven", a subdivision of lands located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Briarwood Unit Eleven". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Section 10.02.04. 0-' Engineering Services Department recommends that the final plat of "Briarwood Unit Eleven" be approved for recording. FISCAL IMPACT: The project cost is $849,213.34 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $219,466.67 - $629,746.67 The Security amount, equal to 110% of the project cost, is $934,134.67 The County will realize revenues as follows: .- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $26,676.41 "",""'- -. Agenda Item No. 16A5 March 22, 2005 Fees are based on a construction estimate of $849,213.34 and were paidFlfI{Je 2 of 4 March,2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,200.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 1,646.00 c) Drainage, Paving, Grading (.75% const. est.) - $ 4,723.10 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 4,938.00 e) Drainage, Paving, Grading(2.25%const.est.) - $14,169.31 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Briarwood Unit Eleven" for recording with the following stipulations: 1. Approve the amount of $934,134.67 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ,- Item Number Item Summary Meeting Date Aqenda Item No. 16A5 - March 22, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Recommendation to .approve far recording the final plat of "Bnarwood Unit Eleven', approval of (he standard 10"11 Construction and MaintenanCE; Agreer!')lJnt and approval of the amount of the performance security 3/22/20059:00:00.AM Prepared By SeoíCJr EngÎl'iMr 2128/2005 8:2g:03 AM John Houlds;warth Community Development & Environmental Services. lJatt! EngIneering SerYice'$ CDES Engineering Services Director Date Approved By Thomas E.l<uck, P.E. Community Di~elop'nent & Ën...ironm~ntÐ SetvicclO COES Engineering Servìce~ 2128ì2005 8:52 AM D3te Approved By Sandra Lea Community Deyclopm.ml & Environmental ServiGes Executive Secretary Community Development 1.\. Environmental Serv~ces Admin. 2/281200511:17 AM Co"stmu:(! A. J(lhn1¡OI! Date Approvrd By Community Development & Environmental Servic@$ Ormmtjous Allí~IY1¡.1 Commun ity Development & Environmental Servjce~ Admin. 2/28/20054:58 PM Approved By JQu:ph K. Sd"nítt Cotnmunity Deltt!IQJlmullt 0\ Environmental Servi<:es Community Oa-vclopmoJlt & Environmenta! Services Adminstrator Date Community Development &. Environmental Sorvlces Admin, 3/31200510:50 AM OMS Coordinator Admínistrative ASòs-istant Date Approved By County Manager's OfficE Office of Management & Budget 3/4/200052:10 PM Approved By Mark 1!Io;u~ks(J" County M.m..yer's Office BlId~p!t Analy~t Cute Office of Ma"agement & Budget 3114/2005 3:26 PM Management & Budget Director Dote Approved By Michael Smykowski County Mnnag~r's OUict:! Offiçe of Management & Budget 3115!2:005 B:SS AM County Man.ngf!r Oatl? Approved By J.arnl!s V, Mudd Board of County CommíssÎoners County Managør's O1fice 3i1S12QQ& 9:19 AM " -.... '"""" ..." LOCATION MAP Agenda Item No. 16A5 March 22. 2005 Page 4 of 4 ~ ~ ¡ I I I I I I III I , , , -.-.-.--.-. -._-. . '.' GGE U211 ~ ~ ~ - 'i . >-------.- , I i I i .... .... CMW. ~ I.O~J~~ON '- 1 I i ~:I " I TT (=I. I I I ª ~ - 1 '--' I I ( '-' , IJ ~:FCil, ~ . H~~~ ! p =\ ìp~ \:::"Ë A t1 c- ,~~"l::::l'~ ~ .~I--.!............, "'2 ~-<~ ( i. ~Ë í i ~~) =~ i f>\ '<: rY -¡lllillll\ zrmv- -----¡ ~I .!!.CRH 1l!r . , I ,1 'r\ 3. f '-. IIII/. . '':'Y -ja, I 7f'f...,Y ~ ¡-I\\ 1 § -J.' ':::f ~\ "^""""'" =J::= /' ~= SITE MAP IIRIARWOOD !NT EI.E'ÆN Agenda Item No. 16A6 March 22, 2005 Page 1 of 4 -- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Madison Park Phase Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Madison Park Phase Two", a subdivision of lands located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Madison Park Phase Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the __ recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Madison Park Phase Two" be approved for recording. FISCAL IMPACT: The project cost is $2,491,712.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage. Paving, Grading - $ 917,330.67 - $1,574,381.33 The Security amount, equal to 110% of the project cost, is $2,740,883.20 The County will realize revenues as follows: -- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $76,296.37 Agenda Item No. 16A6 March 22, 2005 Fees are based on a construction estimate of $2,491 ,712.00 and were pðRt~" 2 of 4 May, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,545.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 6,879.98 c) Drainage, Paving, Grading (.75% const. est.) - $11,807.86 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $20,639.94 e) Drainage, Paving, Grading(2.25%const.est.) - $35,423.59 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to issuance of the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts LEGAL CONSIDERATIONS: The county attorney's office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Madison Park Phase Two" for recording with the following stipulations: 1. Approve the amount of $2,740,883.20 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number Item Summary Meeting Oat. Agenda Item No 1 GA6 March 22, 2005 Page 3 oj 4 COLLIER COU:'IITY BOARD OF COUNTY COMMISSIONERS 15A6 Recommendation 10 ëlPprove for recording the final pla1 of "Madison Park Phase Two" approval of tbe standard fDrrn CO!'1structIon and Main~enance Agreement and approval of the amount of ~i1e- performance security ~!22/2005 9:00.00 AM Prepared By S~ni(t Eu!}ineer 212612005 ~:.51 :54 AM John Hould$.warth Community Development & Environmental Service!. Date Eng\nr.cring Services Approved By COES Engineeríng Services Oirector Date Thomas E, Kuck, P.E. Community Development & En..tronmental $l'fVïccs CDES Engineering Service'iõ 2!2812005 10:19 AM Sandr;¡ Lea Exeçutivl! Secretary Oilte Approved By Community Developme-nl"" Environme.ntal Servi(.es CDrrnnutdty D~velopment &. Environmental Services Admin. 2í23!20QS 11 :12 AM Constaru;p. A. Johnf>(m Opf!tatiotUi An.)lyst [}~Ite Approved By CorrU'nunity Developmen1 & Environmental $i!rvïces Community Development & Environmental Service$; Admir.. 3/1/Z005 7;41 AM JOSl!!ph K. Sdnnltt Dak Approved By Con"nUJI~ity Dev!!lo,nru!lIt 8. EnV~tonmÐn1al Services Community D(!-velopmcnt & Environmental Services Adminstrator Community DeveIClf)tn/!'t'lt & Environmental Services Admin. 3/3/200510:51 AM OMS Coordìn;¡tor Administrative Ass.istant Date Approved By County Manager's Office Office of Management & Budget 314120D5 2:11 PM Approved By Mark 15.;1f:k~on County Manager's Office Bud~ln1 Analyst Date Office of Management & Budget 3f11i2005 5:23 PM Michael Smykowski Manugement & Budget Director Date Approved By County Mønnger''5 Office Office of Management & Budget 3114{200S 8:20 AM Approved By J:nrnes V, Mudd Board of County CommissÎoners County Manilgf!r D3Itt: County Manager'~ 01fice 3114/20058:39 PM LOCATION MAP Agenda Item No. 16A6 March 22. 2005 Page 4 of 4 SITE MAP IW.1ISON PARI< PHASE rNO Agenda Item No. 16A7 March 22, 2005 Page 1 of 12 .- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency (CRA), approve the 2004 Annual Report of the CRA, direct staff to fIle the annual report with the Board of County Commissioners (BCC) and direct staff to publish notice of filing the report. OBJECTIVE: Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency (CRA), approve the 2004 Annual Report of the CRA, direct staff to file the annual report with the Board of County Commissioners (BCC) and direct staff to publish notice of filing the report. .- CONSIDERATIONS: Florida Statutes require the CRA to file an annual report each year ··of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year." The ··2004 Annual Report," attached as Exhibit I, includes these requirements for the fiscal year ending September 30, 2004. The report accurately reflects the income, operating expenses and account balances at the end of the 2004 fiscal year. Approval of this report will enable its filing with the BCC pursuant to Sec. 163.356 (3) (c), Florida Statutes. Please note that a complete audit of the 2004 CRA financials is perfonned along with the overall audit of Collier County, pursuant to Florida Statute Sec. 163.387(8), and is not a part of this report. FISCAL IMPACT: None. The express purpose of this action is to direct the filing of the 2004 Annual Report with the BCC and direct publication of notice. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The recommended action is consistent with all applicable constitutional and general law, and complies with adopted County regulations, and thus, is legally sufficient for Board consideration and approval. RECOMMENDATION: That the CRA approve the 2004 Annual Report of the CRA, direct staff to file the report with the BCC and direct staff to publish notice. Prepared by: John-David Moss, AICP, Senior Planner, Comprehensive Planning Item Number Item Summary Meeting Date ApPl'oved By Stan Litsìnger Community Developrne-ut 0\ Environmental Services Agenda Ilem No. 16A? March 22, 2005 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15A? Recommef1oation that the 8oarc~ of County Commissioners. acting as the Community Redevelopment Agency (CRA), approve the 2004 Annual Report 01 the- CRA, direct stafr 10 file the annual repor1 with ~Ile Board af COllnty Commissionern (BCC) and direct staff to publish notice 01 filing Ihe report 31221200590000 AM Comprehensive Planning Director Dalte Compmtwn,¡;íYE! Plat1nítl9 3{1/2006 2:58 PM Sand m Le:a EX'H:Uti....(~ S(!(:n~t!lry D~lte Approved By Community DevelQpment & Environmental $e-rvices Community Developh'l@nt& Envinmmental Service$ Admin, 3171200510:33 AM Constance Ä. Johnson Operations. An.alyst Dat(! Approyed By Community D(!\lt!lopmf!nt & EnvironmltllÌ<11 Sl!lVict!$õ. Community DI~'Jeloprmmt & Ellvironrnflnt,a! Services A,h'lio. 3m2G05 2:39 PM Randall J. CoheF\ Date Approved By Community De\f~lopITlÐnt & Environmental Services Connnuinty Planning and Rooevelopment Manager Co'nprehl!n~iv¢ PlanrtÎny 3¡S,flG05 6:33 AM Joseph K. Schmitt Date Approved By Community Development & Environmental Services Community Deyelopm"ent & Envl;onlnflntal Se-rvir.:r.:¡¡ Admin:;trutor Community Development & Environmental Services Admin. 1/8!200511:5o$ AM Admínistrative Ä'\õ'5ístant Date Approved By OMS Coordinator County Manager'!. Offier!' Ofl'icC' of MamlgeTl'tenl & Budgld 3181200& 4:02 PM Mark Isackson Budget Analyst Date Approved By County Manilg~r's Offíc~ Office of Mal1agE'I'fIent & Budget 311 Sf2005 12:35 PM Mîchal~ Smvkowski M¡umg!~rnen( & Budgf!t OírHctor Dat't! Approved By County M;¡nag«!r'1' Oftk(! Otfi~;e of Mi!I"..u¢nwnt & 8udSII!t 3115i2005 1:23 PM Approved By James V. Mudd Bmltd Df CI)!H'lty Commiss.ioners. County Manager Date County Mandget's Dffic~ 31161200S 9:21 AM -".--~"".~ -.. -"".""",.- Agenda Item No. 16A7 March 22, 2005 Page 3 of 12 COLLIER COUNTY CRA 2004 ANNUAL REPORT (BA YSHORE/GATEW AY TRIANGLE AND THE IMMOKALEE REDEVELOPMENT AREAS) 1. Business firms and individuals assisted by the community-based development organization: Bayshore/Gateway Triangle Redevelopment Area Residential Rehab Grants Mitzi Sheehan Laura Brownfield Karen Beatty Ramon N ajor Joseph Borgia Joanne Giddens Robert Yuskaitis Dennis Vachon Peter Canalia Impact Fee Assistance Project Jeffrey Lowe CVS Pharmacy Immokalee Redevelopment Area Residential Impact Fee Deferral Program José and Olivia Robles Felipe and Rosa Quintero José and Alicea Arreaga Alvaro and Maria Gonzalez Miguel and Maria Gonzalez Sandra Hernandez Francisco and Maria Mendoza Delicia Powell Edmundo and Isabel Ruiz Jesus and Maria Torres Evens and Marie V olcy Candelaria Zavala Tax Stimulus Program None Commercial Rehab Grants Marco Office Supply Spuds-n-Suds Tree of Life Naples Car Wash English Pub Real Macaw East Naples Baptist Church Fee Payment Assistance Program Sky Truck DLC Marina Agenda Item No. 16A7 March 22, 2005 Page 4 of 12 2. Type, source, purpose, and amount of each individual grant, loan, or donation received by the community-based development organization during the reporting period. None. 3. Number of paid and voluntary positions within the community-based development organization. Bavshore/Gatewav Triangle Redevelopment Area . (1) paid Executive Director and (9) advisory board volunteers Immokalee Redevelopment Area . (1) paid County staff liaison and (13) advisory board volunteers 4. Salaries and administrative and operating expenses of the community-based development organization. Please see Exhibits B and C, attached. 5. Identification and explanation of changes in the boundaries of the target area. In 2004, the Immokalee community redevelopment area expanded its boundaries to include areas adjacent to it, finding that conditions there met the statutory criteria for blight. Exhibit A, attached, identifies these areas. 6. Amount of earned income from projects, programs, and development activities. None. 7. Number and description of projects in redevelopment phase, projects under construction, ongoing service programs, construction projects completed, and projects at sellout or lease-up and property management phase, and a written explanation of the reasons that caused any projects not be completed for the projected development phase. Bayshore/Gateway Triangle Redevelopment Area · Ongoing service programs include the Impact Fee Assistance Project and the Rehabilitation Grants Program for both residential and commercial structures. · Ongoing dredging of Haldeman Creek. · Breaking ground of Botanical Place, a 200+ multifamily development containing affordable housing units. · Bayshore Arts Association's first annual "Invest in Bayshore" seminar. · Haldeman Creek Arts Festival. Agenda Item No. 16A7 March 22, 2005 Page 5 of 12 · Installation of sidewalks along Botanical Gardens. · Engineering of Davis Boulevard streetlighting and landscaping of street at intersections with Commercial Drive and US 41. · Study and design of traffic calming devices on Linwood Avenue. · Teardown of dilapidated structure on Van Buren and Bayshore Dr. · Draft of Bayshore/Gateway Triangle comprehensive zoning overlay completed by consulting firm ofHD~ Inc. Immokalee Redevelopment Area Completion of construction of the Clifton Street Extension (opening up the area for affordable housing), and drainage improvements along 3rd St. 8. Impact of the projects, as a result of receiving funding under the CRA Act, on residents in the target area and the relationship of this impact to expected outcomes listed in the organization's annual revitalization plan. Bayshore/Gateway Triangle Redevelopment Area The momentum of the Impact Fee Assistance Project and the Rehabilitation Grants Program has resulted in several major site improvements and the rehabilitation of deteriorated structures. Grants to businesses have provided an economic stimulus to the area, and the multiplier effect is evident as new businesses are opening in the area without special assistance from the CRA. Immokalee Redevelopment Area The ongoing efforts in the lmmokalee redevelopment area continue to demonstrate improvements in public health, safety and welfare in indigent neighborhoods. For example, the 3rd St. drainage project eliminated a hazardous drainage ditch adjacent to a sidewalk utilized by children walking to and from school. 9. The number of housing units rehabilitated or constructed at various stages of development, predevelopment phase, construction phase, completion and sellout or lease-up phase, and condominium or property management phase by the community-based development organization during the reporting period. The redevelopment area does not operate a housing rehabilitation program. However, as noted, rehabilitation grants are available to qualified applicants in the Bayshore/Gateway Triangle Redevelopment Area. 10. Number of housing units, number of projects, and number of persons served by prior projects developed by the organization, the amounts of project financing Agenda Item No. 16A 7 March 22, 2005 Page 6 of 12 leverage with state funds for each prior and current project, and the incremental amounts of local and state real estate tax and sales tax revenue generated directly by the projects and programs annually. Tax increments will not be known until the next property tax year, as counties tax one year in arrears, per state law. The recipients' properties listed above will be analyzed in the next fiscal year for property tax increases. 11. The number of jobs, both permanent and temporary, received. by individuals who were directly assisted by the community-based development organization through assistance to the businesses such as loan or other credit assistance. N/A 12. Identification and explanation of changes in the boundaries of the service area. In 2004, the Immokalee Redevelopment Area expanded its boundaries to include areas adjacent to it, finding that conditions there met the statutory criteria for blight. Exhibit A, attached, identifies these areas. 13. The impact of completed projects on residents in the target area and the relationship of this impact to expected outcomes listed in the organization's annual revitalization plan. Bayshore/Gateway Triangle Redevelopment Area The funding of grants in the Bayshore/Gateway Triangle Redevelopment Area continues to upgrade residential and commercial structures. Impact fee waiver grants have provided the stimulus for two commercial ventures. The programs identified above are consistent with the CRA's Redevelopment Plan for the Bayshore/Gateway Triangle Redevelopment Area. Immokalee Redevelopment Area Public health, safety and welfare continue to improve in the Immokalee Redevelopment Area. In addition to the 3rd St. drainage project described in #8, the Clifton Road/10th St. project was completed as a means of ingress and egress to an affordable housing project. All ofthe projects identified above are consistent with the CRA's Redevelopment Plan for the Immokalee Redevelopment Area. - Agenda Item No. 16A7 March 22. 2005 Page 7 of 12 R 28 E ,. L~-- 14 i 21 22 23 C/) U) V 26 I- 27 26 Existing & Proposed Community Redevelopment Area R 29 E R 30 E 13 1B 17 ,. 15 ~~_~~3 23 I 18 17 _"'__',__~·~o·, 24 19 :!O 21 22 20 25 29 28 29 33 . . 36.'" . i ' , . ,.. ·1." ,...........1".._ ; i :J2 ·31 I -----------'-1 --- -- - 'i;t,.'.'~'"'''' .... ....¡ "- " , , ~·t- ::f~ +::- '" ' '~,' ~i · r:-l--:-+--: i 16 15 18 17 21 :!2 23 r 24 w N w+, 0.5 2Miles s á~r County v#A_'''-''''''·''·~~·~~·~,...=.,,_,m_,_~~ Legend iiI.~¡Community Redevelopment Area c::::IProposed Community Redevelopment Area Areas 10 be Added to Community Redevelopment Area Exhi bit A ~:.a 8yCDES Gnp;¡(ioGiSfì'HfOfl'CWPIa.''1nJinwr.~_C''AAV¡1lMlÓiRliLtmrn.:No:_CR'',/TI')d »'.~ 3KJ4 Agenda Item No. 16A7 March 22. 2005 Page 8 of 12 EXHIBIT B: BAYSHORElGATEWAY REDEVELOPMENT AREA I -- Fund Comm. Expendltu... Fund Center Item WBS Title FY 03-04 187 138325 512100 00000 Sm . . - '29,308 187 138325 513100 00000 . :. . .' .' 187 138325 514100 00000 . . . I . II 187 138325 5]8100 00000 ]-_....-:.~ 187 138325 519100 00000 187 138325 5211 00 00000 187 138325 522100 00000 ~... 187 138325 523150 00000 . . 187 138325 523160 00000 LlFE,INSURAN . . 187 138325 524100 00000 . . . .., . ohIl......ol1lll Serv\cell ~,n 187 138325 634999 00000 OTHER CONTRACTUAL SERVICES 110,526 187 138325 634970 00000 INDIRECT COST REIMBURSEMENT 0 187 138325 634980 00000 INTERDEPARTMENT PAYMENT FIR SERVICES 0 187 138325 639987 00000 TEMPORARY LABOR 0 187 138325 840200 00000 MilEAGE RE-IMBURSEMENT 0 187 138325 640300 00000 TRAVEL - PROFESSIONAL 0 187 138325 640310 00000 TRAVEL - REGULAR 2,938 187 138325 841100 00000 TELEPHONE BASE COST 0 181 138325 841700 ÐboOo 0 187 138325 841900 00000 r--- 844 181 138325 841950 00000 . 0 181 138325 843100 00000 IE . 743 187 138325 643400 00000 --,- 0 181 138325 844100 . 00000 9,750 1187 138325 . 00000 IN$URANCI;~NERAL . . . 2,000 1181 . 138325 . 1648710 00000 . OFFICE· EQUIPMENT'.RM. . 0 1181 . . 138325 . 1648910 00000 ., DATAPROCESQING EQUIP, 0 181 138325 f~iB;r 45 187 138325 oaooo I: . 0 1187 . 138325 00000 .. . '. ". . 1,570 1187 138325 . 1210 100000 .' . . 0 Agenda Item No. 16A7 March 22. 2005 Page 9 of 12 187 .. 138325 651910 lo000o . TMINOROI=FICE EQUIPMENT 165 187 138325 651950 lo000o "TMINOR.DATA·F'RQCESSING 0 187 1$3.25 1652920 . IQOO(IO .ICOMF'UTERSOFTWAA12 0 187 138325 1652990 ··IöTHEROPERATlNG·SUPPUES 2,950 187 138325 f653710 00000 . rTRAFFlCSIGNS 0 187 138325 854210 00000 DUES AND MEMBERSHIP 795 187 138325 854360 QQOQQ OTIiER TRAINING EDUCA 0 187 1$325 883100 QQOQQ PAYMENT IN LIEU OF IMPACT FEES 0 187 138325 884200 00000 RESIDENTIAUCOMM, REHAB 1,780 TotIIl Operatlna Expenses 134,082 187 1$325 763100 00000 IMPROVEMENTS GENERAL 0 187 138325 764360 00000 OFFICE EQUIPMENT 0 187 138325 764900 00000 DATA PROCESSING EQUIPMENT 6,289 ToIIIl C._I ED>8na.. 6,289 Cost C.nlllr TolIIl 175.345 187 919010 991000 00000 RESERVE FOR CONTINGENCIES 0 187 919010 993000 00000 RESERVE FOR CAPITAL OUTlAY 0 TotIIl 0 187 929010 911110 00000 T...nsfer IIsm Gen....1 Fund 85,700 TotIIllntllrfuncl T...nsters 85,700 TotIIl Expe.... 261,1145 187 989010 381170 00000 INTEREST - SBA (1,4971 187 989010 361180 QQOQQ INVESTMENT INTEREST (15,035) 187 989010 361185 00000 MARKET ADJUSTMENT 0 TotIIl ODenltlng R.wn... 116.53211 I 187 919010 489200 00000 CARRY FORWARD - GENERAL 187 919010 489201 QQOQQ CARRY FORWARD - ENCUMBERANCES I 01 187 919010 489900 00000 REVENUE RESERVE (OPERATING ONLY) I 01 Agenda Item No. 16A7 March 22. 2005 Page 10 of 12 Totel Other Revenue 1834,412 187 929010 481001 00000 TRANSFER FROM GENERAL FUND (528,300 187 929010 481111 00000 TRANSFER FROM UNINC AREA MSTe GENERAL (110,000 Totel Other Revenue (838,3001 Total RllYtlnu.. 11.488,2441 Annu.1 ReYllnuu . Annual Exp_u (1,228,198 SAP Tie Out (375,923 Immokalee Redevelopment 186-138324 FY05-06 Agenda Item No. 16A7 March 22. 2005 Page 11 of 12 EXHIBIT C: IMMOKALEE REDEVELOPMENT AREA Actual Fund Camm. Expenditure Fund Center Item Title FY 03-04 186 138324 631410 SURVEYING FEES 0 186 138324 634999 OTHER CONTRACTUAL 176,473 186 138324 634980 INDIRECT COST REIMBURSEMENT 0 186 138324 634980 INTERDEPARTMENTAL PAYMENT FOR SEF 0 186 138324 640300 TRAVEL - PROFESSIONAL 0 186 138324 640310 TRAVEL REGULAR 707 Total Ooeratlna ExDenses 177.180 186 138324 762100 BUILDING ACQUISITION 0 186 138324 763100 IMPROVEMENTS GENERAL 0 186 138324 736501 LlGHTI NG POLES 0 186 138324 763310 LANDSCAPING 0 Total Caoltal Exøense. 0 COI5t Center Total 177,180 186 919010 991000 RESERVE FOR CONTINGENCIES 0 186 919010 993000 RESERVE FOR CAPITAL OUTLAY 0 Total Reserves 0 186 929010 911110 TRANSFER TO MSm GENERAL FUND 113,185 Totallnterfund Transfers 113185 Total ExDenses 290,365 Revenu.... 186 989010 361170 INTEREST - SBA (765\ 186 989010 361180 INVESTMENT INTEREST (6.699\ 186 989010 361185 MARKET ADJUSTMENT 0 Total Ooeratlna Revenue (7,464\ 186 929010 481001 TRANSFER FROM GENERAL FUND 1241.300\ 186 929010 481111 TRANSFER FROM UNINC AREA MSm GEN (50.200\ Total Other Revenue ~O) 3/15/2005 Immokalee Redevelopment 186-138324 FY05-06 Agenda Item No. 16A7 March 22. 2005 Page 12 of 12 186 919010 487910 REIMBURSEMENT SPECIAL I 0 186 919010 489200 CARRY FORWARD - GENERAL 186 919010 489900 REVENUE RESERVE 0 TotalCMÞerRevenue 1309,167) Total Revenues (608,131) Annual Revenue.· Annual Expense. I I SAP Tie Out I (3,999)1 marklsackson Page 2 3/1512005 ^-"""-~"~--"- Agenda Item No. 16A8 March 22, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Fiddler's Creek, Phase 2A Golf Course OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Fiddlers Creek, Phase 2A Golf Course has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 3, 2002. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. ,_, 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Performance Bond No. 35000241 or Cash Bond in the amount of $2,765.41, will be released to the Project Engineer or the Developers designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. - LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Fiddlers Creek, Phase 2A Golf Course, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No 16AB March 22, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - M..ting CIllo 16A8 Recommendatjo" to .pprove lI"al ac.ceptance of weier and sewer utility føcíliúel for Fiddler's Cr..~, Ph... 2A Golf Cours.. 3122/2006 9:00:00 AM ¡111m Number ¡111m Summary Approved By ThOMl. E. Kuc:k, P.E. CDES Engineering Servic.ea Dlreçtor O.te Community Dav.lopment & CDES Engin..rlng Services ZI141Z0061:U PM Environmenlall&ervictrS Approved By S..,d,. Leo Executive Sucnlt¡,"Y Dot. Community Developml'nt & Communl1y Development & ZI1412006 4:U PM Environm..,tal '.rvled Environmenbil S.rvlçtillo Admin. Approved By Cona.tanCCt A. Johnson Operations Anelylt Dote Community Oevelopment & Community Developm.'1t & 2/16120092:45 PM Environment.1 Servle-u Euvtrønrnll11t.1 S41lrvlc~t$ Admin. Approved By Pamela Libby Water Operations Manage, Date Public UtHttletS Water 2119120059:21 AM Approved By Palll Muftj)Ulch Watltr Di,øcror Dnt. Public. UCllttlea WO'Iter 2116/2006 ':32 AM Approved By Stephen L. Ne9Y Wutowtl1er Collectlom M.n*9Cfr 001. Public UUlitrs W..,teWlrter 314120067,« AM Approved By Roy S. Anderson. P.E. Publíc UtUítl.1 Engin..ring Director D... Pubilc Utltties Public Utllitl.. Engineering 31B12006 6:12 PM Approved By Joaeph B. Ch...tha.m Woatttwamr Director D... Public UtilftloG WaaCeWater Treatment 3/912005 1 :.6 PM Approved By Jo..ph K. Schrnltt Community Development & Dote Environmental S.rwice'l Adminstr.tor Comnu;nttv Dovltlopmen t & Community Oevetoprnant " 3/10/200510,66 AM Envlronm4lntal Services Enyjronmeomal Services Admin. Approved By OMS Coordinator Admlni..tl'lltive Ani.tant Date County Man.ger'. Oftlce Office of Milnagement & Budg.t 3111/2006 ':33 AM Approved By Marit laacbon Budgll't Anslyt;1 Date County Mll.lnl"..,'a Offk~t OHIef! of Managenlft"t & Budget 3/11/20064,49 PM Approved By MIchie' Smykow..kl Management.. Budget Director D.te County Mønagor'. Office Office of Man.gement.& Budget 3/14/2005 B:23 AM Approved By Ju'n.n. V, Mudd CDunry Man.gor Datn Board of County Commi.lllioners. County Manager',. Office 3114/20059:18 AM LOCATION MAP Agenda Item No. 16A8 March 22, 2005 Page 3 of 3 SITE MAP FIIDLER'II CREEK. PIIAIE 2-1. IC Agenda Item No. 16A9 March 22, 2005 Page 1 of 5 ,......- EXECUTIVE SUMMARY Recommendation to approve the amended Conservation Collier Active Acquisition List and direct staff to actively pursue the added A-category property (Mcintosh Trust). OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval to amend the recently approved Conservation Collier Active Acquisition List (AAL) and further, to obtain direction for staff to actively pursue the added A-category property (McIntosh Trost). .- 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 cycle 2 acquisition proposals to recommend for inclusion on the Active Acquisition List, This recommended list was presented to the Board on January 25, 2005 and while it was unanimously approved, the Board also gave direction to the CCLAAC to reconsider the McIntosh Trust property, which had been removed from consideration by the owner prior to CCLAAC finalizing the ranking of second cycle properties. On February 14, 2005, after receiving written notification from the Trustee of the McIntosh Trust property that the trust was once again a willing seller, the CCLAAC did reconsider the property and voted six (6) tò three (3) to place it in the A category. A subsequent vote of five (5) to one (1), with three (3) members abstaining due to conflicts, recommended amending the AAL to include this parcel as an A- category property. The contract will be brought back to the BCC for approval before purchase. See attached Proposed Amended AAL and attached Map for location of the McIntosh Trust property. FISCAL IMPACT: The costs of the currently approved A-category AAL properties have been estimated at approximately $7,987,000. The addition of the McIntosh Trust property will add an estimated $729,000 to the cost of the AAL. This cost accounts for approximately I-acre of right- of-way the Transportation Division has indicated it will purchase at an estimated cost of $136,000. After adding McIntosh Trust, the new total for cycle 2 properties will be approximately $8,716,000. These costs are staff estimates with the actual costs to be established by formal appraisals. Associated acquisition costs for the McIntosh Trust parcel are estimated to be $65,000. The adopted FY05 Conservation Collier Program Budget provides sufficient funds to accommodate these expected costs. The addition of the McIntosh Trust property to the previously estimated costs for cycle 2 properties and those properties already purchased and approved for pmchase in cycle 1 will result in a total cumulative authorization of approximately $45,359,950 in property value. .-- To date, the County has acquired or has under contract properties valued at $24,088,150. Properties valued at approximately $21,271,800 are authorized and under pursuit. Program acquisition expenses are offset by Conservation Collier bonds which were recently issued realizing net proceeds of $34,820,000 . Available reserves for land acquisition total $15,800,000. Agenda Item No. 16A9 March 22; 2005 Page 2 of 5 GROWTH MANAGEMENT IMP ACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in section 11 provides a legal ftamework 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 Amended Active Acquisition List and direct staff to actively pursue acquisition of the added A- category (McIntosh Trust) property. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program - 2 Agenda Item No. 16A9 March 22, 2005 Page 3 of 5 - Proposed Amended Active Acquisition List Geasnpblcal I (.4) PrtorIty DIItrIbu.1IIIaI ; AppnIIed ~ T.... H_ ,Value Malmlllll PrtIpoIm.....A.. P.~ . Jl'œI~ v.....Sub- V~)I"" . ~'I TeIal (E)J'.ICIaui¡ed --1* UIt "....,. _ AI-. SIa Ie Sub&ere SCIore IJab.8cIn SIIIb&:cn Score VIIue v.... un- 83.2 67 78 75 T7 371 E S4 750 157 ~I A 1 ùnd 0muII LID Nfllllll.RF 80 46 57 75 70 ¡ 328 E $11.870.000 I S23 75 A 1 INOGBUuitS3 NOGB w 49 59 100 67 I 296 E S4 $15 71 A 2 . _ 13 __ un- 13 58 61 0 57 I 189 E 5153 46 A nIa G I IlirrDM . un- 411.93 79 411 30 67 224 E $112i:ooD 52 10 A ] hÐa1Bo11dSeœœ24 nlaNIIIinI 6S 57 70 4S 93 266 E SID40.000 $] 100 A 1 IIIftiI:àI1oœI un- '1f>.71 71 80 35 67 262 E $11261100 54 162 A ] iDaIIaiIII" heed NOOE 141 53 78 50 80 '1f>1 E !l4,700.000 I 53 133 A ] McJmCIbTrlllt ·UIbII 6.304 2S 70 50 53 198 B ~ 5136,400 A nIa beRIia UI'bIn 13 34 67 !O 63 ·114 B sf3ÏiÕÖÕ S40.769 B 1Iab.4.71_ ¡YINIIIinI 4.71 22 411 46 30 153 E $1'7-Q(,/)S2..717 B .ommII' UI'bIn 18.75 53 0 45 73 172 E 51Q6911M $105013 B "XII Bcød-M-.ø1ia PoadDr. UJœ1 8.75 33 80 SO 70 193 E $11101il1OO $11 971 B IIauweø'SbIdcr UIbIn 10 52 0 45 80 171 E III $16C ggg. B .._ UJbIn 2.5 42 0 4S 87 174 E ~ ~ B I TotII 57.71 I IBIãó - 9.54«nB miIIœ rned aiøon IIIÍI II! nIa NeaIrI1 UJbIn SendinJz s..ndirHr U1tJen Sendin2 9.54 4.6 5 20 0.8 10 49.94 r1 26 36 20 51 62 57 6S SO 17 2S 42 45 SO 45 ~ 50 ~ 68 83 80 20 83 60 197 224 211 96 :zœ I 193 E E E E B E S84JIOO $1.200.000 576.000 S2001iIO $I~.ooo ~ SI.;;:;¡¡¡ $ 526 51 51 $1 000 S .500 c c c c c c ToIIII 3 ._.,.__...'-'"'"...,.._~ Agenda Item No. 16A9 March 22, 2005 Page 4 of 5 Map - Location of McIntosh Trust parcel Mcl ntosh Trust Parcel TAMARIND RIDGE DR SYCAMORE DR (I) C ..J a:I Z <C C) 9 o 0.125 0.25 Miles 05 W+E c6ff't;r County ~ s Conservation CollierlMaps/Alex's M~s Parcel Data from Collier County Property Appraiser 4 Item Numba, ltam Summary Maating Date Agenda Item No. 16A9 March 22, 2005 . Page50f5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 Recommendatior¡ for the approval of the smended recently approved ConeervBtlon Colher Actíve Acquisìtion Us, and direction for ,tart to actively pursue the added A-category property (Mclnto&h Tru&tj 3122/20059:00:00 AM Alexa.--dr. J. S1l1.ø:ki Slt11im Env'rD""utnt_IIJlflclnllst 31712004 12:30:23 PM Preparod By Community Development & EnvironmilFllal Service.. Da:t~ Environmental Servlc:.es Approved By wmøm D. Lo,.,nz, Jr. P.E, Community Dl!velopmctnt & EnllironmMml S(tfVic"" Environmw-nu.1 Servtces Dlr.etor Date Etwironm.ntal Services. 3/7/20044:49 PM Da.. Approved By S.ndNl Lea Community nevulopmenl & Env¡,onmenta.1 Servi(¡;e. Executive Secretary CDmmunity Development & EnvironmentalServlctlS Admin. 3181200410:34 AM Date Approved By Joseph K. Sçhmftt Community De...elopml'nt & Envlronmllnto! SOlVh~ul Community Development & Environment.1 Services Admlnlitriltor Con1muníty Development & EnvinmlnentJtl S~rviÇ.K Admín. 3/11120048:41 AM c.hløf Anìtiunt County Attorney Dote Approvod By MlchulPl'ttit County AnDntct)' County A1tDmey Offjcc 3/111200110:36AM Administrative Assistent D... Approvod By OMS Coordinator County Manager'1i OfficII Office of Man.gement & BLldg," 31111200411:23 AM SlIdglllt At".ly.t Do" Approvod By Mark l'5i11ckBon County Managctr'1t; Off":.:1t oni~n 01 Managa'futf'lt & Budget 311511006 ':31 AM Date Approvod By Michael Smykowski County Milnilgœr'& OtriCItt Manage.,...nt & Budget Director Ofl'1ce of Manegttment & Budget 3/1 Sl2004 8:00 AM County MnoÞger Dot. Approvod By Jaroos V. Mudd Board of County Commissioners Count)' Munagvr'1i otlicv 3/1112006 8:49 PM Agenda' Item No. 16A 10 March 22, 2005 Page 1 of 4 .........", EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Heritage Bay", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security OBJECTIVE: To approve for recording the final plat of "Heritage Bay", a subdivision of lands located in Section 13 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: ,- Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Heritage Bay". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided 'and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Heritage Bay" be approved for recording. FISCAL IMPACT: The project cost is $2,948,058.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,638,906.00 - $1,309,152.00 The Security amount, equal to 110% of the project cost, is $3,242,863.80 The County will realize revenues as follows: .- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $92,881.75 ,.- .- Agenda Item No. 16A 10 March 22,2005 Fees are based on a construction estimate of $2,948,058.00 and were paRt~ 2 of 4 September, 2004 and February, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 4,440.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $12,291.80 c) Drainage, Paving, Grading (.75% const. est.) - $ 9,818.64 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $36,875.39 e) Drainage, Paving, Grading(2.25%const.est.) - $29,455.92 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Heritage Bay" for recording with the following stipulations: 1. Approve the amount of $3,242,863.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attomey's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Il1Im Number Il1Im Summlry Mllting Dltl Agenda Item No. 16A 10 Marc~1 22, 2005 Poge 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M10 Recommend'1ion to approve for recording the final plat of -Heritage Bay", approval 01 the standard form ConltrucUon arid Maintenilnce Agreement and approval or the amount of the performance security. 3/22/2005 9:00:00 AM Preplred By Sltnlctt El"Igmear 3/10120058:08:41 AM JQh" Houldaworth Community Development & Environmenial Service¡. Dnte Engineering Services D... Approved By Sandra 1.... Comt"Llnity DøveloþlnClnt &. Envlronmenml Scttvïc.,... Encutlve Secretary COlnmufl!ty DUVttlopmunt & Environmental SlftrYlc~1:ò Adrnïn. 3110120058:33 AM 0.", Approved By Thoma&. E. Kuck, P.E. Community De\lvlopment & Environmentll Service. CDES Enolnearino Services Director CDES Enointtnring hrviclM 3/101200510:07 AM D.", Approved By Joseph K. Schmit! Community Dewelopment & Enl/lromnentGl Smvjcltll CQlTlmunjty Development & Environmental Service. Adn,inSltrlltor Community Development & EnvltonlMntalSel'YlceK Admin. 3/11/200511:13 AM DItto Approved By OMS Coordinator County Mennger''Ii Office Admini.tr.tìve Auist.nt Otflc.o1 MlllnagetlTlon1 & BudGet 3/111200511:22 AM Budge1 Analyst D... Approved By Mark Il8ck..on County Manager's Offk:. Offlçe of Man.g.ment & Budge1 3/10412005 9:07 AM Managllnutl1f &. BudUM Director 0.'" Approved By Michael Smylmwsr.lfj County M¡¡".øer'. öf'fic:ft Ol'fffie of Monugoment & E&udQtlt 3/U/20D5 10:18 AM County Manager Date Approved By Jame5 V. Mudd Board of Coutl1y Commìulonef'1J County ManUnCr'R otrtl:e 3/1412005 8:57 PM Agenda Item No. 16A10 Maret, 22. 2005 Page 4 of 4 r:: z § II " - " 1ÐrT(jff lA, _~ lAY LEE COUNTY UJ ~ D ... ........ """ .:r. II .. - -. 81TE LOOATION ~ 141:1 11 1. - -. -y lA, ..,..., ... ..,.... .: -. ~ IÐrTfllAr ~TI I ~ . I . 1 . . . -...- ... =-:--- .... ....... --- --- - . -. -. -, - . .., n Ii~ I i , LOCATION MAP SITE MAP H!RITAtE lAY Agenda Item No. 16A 11 March 22, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan Advisory Committee OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval for creating the Habitat Conservation Plan Advisory Committee CONSIDERATION: On February 15, 2005, the Collier County Board of County Commissioners (BCC) conducted a Listed Species Workshop and provided staff with direction to propose the creation of a Habitat Conservation Plan Advisory Committee (RCP AC) for the BCC's further consideration. As proposed in the attached resolution, the purpose of the nine member HCP AC is to assist the Board of County Commissioners in detennining the feasibility and desirability of developing and implementing a Habitat Conservation Plan (RCP) that will provide for the protection of Red-cockaded woodpeckers. All meetings of the HCP AC shall be open to the public and shall be governed by the Florida Government in the SWlshine Law. Summary minutes will be taken at committee meetings. In order for the BCC to consider funding the development of a HCP in FY06, the HCPAC will need to complete and present its recommendations to the BCC at the first BCC meeting in September (9/13/05). FISCAL IMP ACT: Staff time for the committee is estimated to average 10 hours per meeting. Existing staff from the Environmental Services Deparbnent (ESD) that are not part of the Environmental Review Section will be assigned to coordinating the committee's functions and researching infonnation relative to HCPs. Summary minutes will be contracted out at an estimated cost of $175 per meeting. Staff estimates that the committee will meet 6 times to develop its recommendations for BCC review in September. Although not specifically budgeted for this committee, funds are available in the ESD budget to cover the $1,050 in contractual services to prepare summary meeting minutes. GROWTH MANAGEMENT IMP ACT: This effort assists in implementing various policies of Goal 7 of the Conservation and Coastal Management Element that addresses the protection and conservation of wildlife. LEGAL CONSIDERATIONS: Ordinance 2001-55, as amended, outlines the requirements for the creation and implementation of County advisory committees. The HCP AC will be subject to these requirements. RECOMMENDATION: That the Board of County Commissioners approve the attached resolution creating the Habitat Conservation PIan Advisory Committee. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Agenda Item No, 16A 11 Marc~1 22, 2005 Page 2 of 4 -, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'lam Number Item Summ.ry 16A11 RecommendatIon to approve ReSolution 2005-_ creating the Habitlt Conservation Plan Advisory Commìttee 3/22/2005 9:00,00 AM MMllng Do.. Prepored By C.te Willi.m D. Lorenz., Jr., P,E. COInmuhity Devulopr,"umt &. Environmentld $MVic18s Environmental Services Director 3/10120063:48:38 PM Environmental Services Approved By Sandro Lea. EX8cutive Secretary Community Deyltloprmtnt & Environmental Services Admin. Date Community Development & EnYironmentlil Services. J110/2DOS .:04 PM Approved By Conttanc. A. JohnsOh Operations AnalY.lt Community Dl6yclDþnulIl1 & Enviroutnental S.rviC8S Admin. 0... Comlnunity D(!Velupment fI. Environmental Sorviços 3/11/2005 .:1. AM Approved By Josoph K. Sc:hn,itt Communrty Development &. Envlronmentlll Servic;u Admlnstrator 0... Contmunity DeveløplYJent & E.nviron-mentaISltrv¡ce. COfnfOunity D,tvølopnumt & Environmental Services Admin. 31111200511:15 AM Approved By OMB Coordinator Admínlstrattve A&siatant 0... County M.n.glllr':I Office Office ot Man..gement & Budget 31111200511:21 AM Approved By Mlch.el Srnykowvkj ManagertMlrlt & Budget Director Office 01 Manaflem."t & Budget Cate County Manager'. OffiC'1t 311.120011 9:30 AM Approved By Jam., V. Mudd County Man_gar Oat. Board of County Comminíoners Counw Malmgu'~$ orrico 3/18/20059:52 AM - Agenda Item No. 16A 11 March 22. 2005 Page 3 of 4 RESOLUTION NO. zoos- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ESTABLISH THE HABITAT CONSERVATION PLAN COMMI1TEE AS AN AD HOC COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR TERMS, APPOINTMENT OF MEMBERS, AND FAILURE TO ATIEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND COMPENSATION: PROVIDING FUNCTIONS POWERS AND DUTIES: AND PROVIDING FOR DISSOLUTION OF THE COMMITI'EE. WHEREAS. the Board of County Commissioners has expressed 8 desire to create a Habitat Conservation Plan Advisory Committee as an ad hoc committee to assess the feasibility of developing and implementing a Habitat Conservation Plan (HCP) for Red-Cockaded Woodpeckers and to provide B recommendation to the Board of County Commissioners as to the desirability of the County to pursue the development of said HCP. NOW. TIIEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: CreatioD and Purpose of the Habitat Conservation Plan Advisory Committee. Pursuant to the provisions of CoUier County Ordinance No. 2001-55, the Board of County Commissioners hereby establishes the Habitat Conservation Plan Advisory Committee (the "Committee") as an ad hoc committee to assist the Board of County Commissioners in determining the feasibility and desirability of developing and implementing a Habitat Conservation Plan to provide for the protection ofR.ed-Cockaded Woodpeckers. SECTION TWO: Terms of Office; Appointment of Memben; and F.ilure to Attend Meetinp. The Committee is hereby created as an ad hoc Committee for II period to expire three years from the date of the resolution appointing the members. Membership of the Committee shall be sought and appointed in accordance with CoUier County Ordinance No. 2001-55 or its successor ordinance, and shall serve the full three-year term under the ordinance. The Committee shall be comprised of nine (9) members. To the maximum extent possible, the Committee membership should have representation from various stakeholder groups including, but not limited to, potentially affected property owners, the development community, and environmental interests. The members shall serve at the pleasure of the Board of County Commissioners. The County Manager shall select a staff liaison to attend the Committee meetings and assist the Committee. If any member of the Committee is absent from two (2) or more consecutive meetings or one-half of tbe meetings in a given year 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 or its successor ordinance. - SECTION THREE: OftJeen; Quorum; aDd Compell.latioia. At the Committee's first meeting. the membership shall eJect a Chair and Vice-Chair. Thereafter, Chair members shall be appointed annually. The presence of a majority of the voting members shall constitute a quorum. The Committee shall adopt rules and procedures for the transaction of business and shall keep records of meetings. findings and detenninations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Function., Powen aDd Dutlu of the Committee. The functions.. powers and duties of the Committee sha1l be: A. To serve as a forum for community review and discussion rcgardin& Habitat Conservation Plans. B. To evaluate the feasibility of using a Countywide Habitat Conservation Plan to protect Red-Cockadcd Woodpeckers in Collier County. C. To estimate the costs of developing and implementing a Habitat Conservation Plan. D. To provide a recommendation to the Board of COWlty Commissioners regarding the development and implementation of a Habitat Conservation Plan. 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 the location, time and subject matter of the meetings. SECTION FIVE: DialOtatioD of Commjttee. At the conclusion ofthrce (3) years tiom the date ofth.e resolution appointing the members, the Committee's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the tenn of the Committee, dissolution shall occur at the end of the extended term. This Rcsolution adopted after motion, second and majority vote. Agenda Item No. 16A 11 March 22, 2005 Page 4 of 4 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, ChlÚnnan Approved as to fonn and legal sufficiency: vJMµ Irvtr- Michael W. Pettit Chief Assistant County Attorney - 2 Agenda Item No. 16A 12 March 22; 2005 Page 1 of 42 ,...-.... EXECUTIVE SUMMARY Recommendadon to adopt a Resoludon amending the CoWer County Administradve Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. OBJECTIVE: To have the Board of County Commissioners (BCe) approve a resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. CONSIDERATIONS: The majority of operations within the Collier County Community Development and Environmental Services Division (CDES) are funded by fees paid by those engaging CDES' services. CDES fees were last amended on December 14,2004. This Executive Summary is requesting the approval of two fee reductions. One fee reduction relates to the Environmental Impact Statement (EIS) fee, item C) 4) in the CDES Fee Schedule and the other reduction relates to the re-naming of the un-platted street name or project name change fee, item K) 22) in the CDES Fee Schedule. -,"-', The EIS fee was originally approved by the BCC on November 16, 2004. At the December 14, 2004 BCC meeting, the BCC requested staff to review the BIS fee and detennine if the ¡It and 2nd submittal fees were in fact relative to the level and costs of effort required for the two submittals. A staff review of the calculations that provides the basis for the fees suggests that staff should combine the 1 st and 2nd submittals and lower the fee fÌ'om $3,100 for the two submittals ($1,600 for the 1 It review, and $1,500 for the 2nd review) to $2,500, which combines the 1st submittal and 2nd submittal if applicable. The calculation consists of a combined average time for a lit and 2nd submittal at 50 hours (this includes time for site inspections, document review, report preparation, and staff participation at the Environmental Advisory Committee (EAC». At $50 per hour, the combined fee for ¡It and 2nd submittal is therefore $2,500. . At the March 2, 2005 Development Services Advisory Committee (DSAC) meeting, the committee approved the reduction of the BIS and Addressing fees by a vote of 8-2. The two committee members voting against the change expressed concern regarding the desire to have reviews approved on the first submittal. Staff certainly supports the effort to have submittals approved after one review but such action is solely dependent on the applicant's ability to comply with the mandated standards of an EIS submittal. The fee for re-naming a street or changing a project name is presently $500. A review of the effort level associated with these requests suggests that a reduction of the fee is appropriate. Staff is recommending that requests for un-platted street name or project name change be charged a fee of $100.00 per application fee plus $50.00 per additional hour or partial hour of research required to process the application, not to exceed $500. f.......... Included with this Executive Summary are: 1. Attachment "A" - Resolution with Exhibit "A," Fee Schedule (Fees in bold) '.~'-_...,.",".' Agenda Item No. 16A12 2. Attachment "B" - CDES Fee Schedule - showing the additions and deletions. . ~~?~~ the additions are depicted by an underline, the deletions are depicted by a strike-thro~i£,o and established fees are depicted by bold 3, Attachment "C" - Summary of Fee Changes FISCAL IMP ACT: This Executive Summary requires no budget changes and/or reallocation of funds. These fee changes have no significant effect on the FY 2005 budget as presented to the Board on September 23, 2004. GROWTH MANAGEMENT IMP ACT: There are no growth management impacts with this Executive Summary. LEGAL CONSIDERATIONS: The proposed Resolution to amend the Collier County Administrative Code Fee Schedule, provided for by Chapter 2-11 of the Collier County Code of Laws and Ordinances, is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board approve the enclosed resolution and attached Exhibit A, which adopt the proposed changes to the Administrative Code for the Fee Schedule. PREPARED BY: Michael S. Levy, Administrative Assistant, Financial Administration and Housing, CDES '"-'·'·'"·-·__,,··_·.···.·0,0' ¡\!1m Number ¡\!1m Summ.ry M.oting OlIO Agenda Item No. 16A12 Mardi 22, 2005 Pag", 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recommendetlon to adopt 8 Reaolutiol1 amending the Collier County Administrative Code- Fee Schedule of devtloþmenl-related review and proc&¡sing fee, Ai provided for In Code of Laws Section 2~ 11. 312212005 9;00:00 AM Prep.red By 3110'200S 4:18:57 PM Mich¡ml &, Levy Community Deyelopment & Environmentll Service.. Cote Admintatrativa Auis..."t Financial Admin. & Houllng Dot. Approved By Sandra L.. Community D(tV.lopm4tnt & Environmental Scrrvicctv Executive SlfCretary Cornmuflftv DevolQpment " Environmental SOn'ic.. Admin. 3110/20054:25 PM Dote Approved By WiJliam D. Lorenz, Jr., P,E. Community Oe.vcrlopmcrnt' EnvironmenÞi Servic.e.. Envìl'onment.r SelVices Director ellvironrnOflhll $orvico$ 3110120055:02 PM Dot. Approved By Denton Bakuf Community Development & Environmental Servlc... Firlancía' Adn)m & HOllslnø OinÞCtor Finan&ial Admin. & HDualniQ 3110120055:05 PM Oat. Approved By Sleu Wallace C'omrnunjty D4fvelop,nent & EII\'lronmcmtnf SIt"ÎCIt1õ coes Operations Di,..ctor CDES Ope,ationSl 3111120058:18 AM Oa1e Approved By Constlnee A., Johnson Community Development & Ehvlronmentll Serviua Operations AnlllfyS1 Cornrnunrty DeveJopment & Environmwn1al Service. Adm.", 3/11/30058:01 AM Dnte ^,- Approved By Patrlt~k G. I"'hltt! County Attorney Assistant County AttamCtV COUßty Attorney Office 31111300511:14 AM O.tu Approved By Jeuulph K, Schmitt Com,nunjty DeVCllo)lnMt & EnyronmctJltal Sltrv¡t~D" Community Development & Envíronmentallervlc",,. Admlnstrataf Community DevltlopnKl'lt & Envlromnental Servlus Admin. 3/11120052:&8 PM Do" Approved By OMS Coordinator County Manager'" Office Admìnl~1ratiy. Assist.nt Office of Manag.me"t & Budget 31141200510:50 AM Dol. Approved By M.nk h.ac:kaol\ Cnuoty M..n..g~r'. Offlt.:l!I Ehnigøt Analyst Önicft of ManOlgnm.nt & Budget 3114/300511:57 AM Oat.. Approved By Michul Slnykow~ki County Managœr'. Offlc.e Management & Budget Dlroctor orr/ct!' 01 M.nagoment & BudgClt 31141300513:16 PM Cot. Approved By JlnHt$ V. Mudd Board of County Commi:uionen COUtlty MRIHIger Ccuurty Mana911r'u. Officer 3115120081:56 AM .- Ageoda Item No. 16A 12 March 22, 2005 Page 4 of 42 RESOLUTION NO.1005-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY t FLORIDA, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR REVISED FEES PERT AIN1NG TO THE ENVIRONMENTAL IMPACf STATEMENT (EIS); AND UNPLATTED STREET NAMES AND PROJECT NAME CHANGES; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY ADMINISTRATIVE CODE PURSUANT TO CODE OF LAWS SECTION 2-11; SUPERSEDING RESOLUTION NO. 2004-391; AND PROVIDING FOR AN EFFECfIVE DATE. WHEREAS, the Collier County Code of Laws and Ordinances, Section 2-11 provides that amendments to the Collier COWlty Administrative Code may be adopted by resolution; and WHEREAS, the Board of County Commissioners previously had approved Resolution No. 2004-391, establishing a fee schedule of development related review and processing fees on December 14, 2004; and WHEREAS, the revisions and clarifications in the fee schedule for EIS, un-platted street names or project name changes, and related administrative processing (items C) 4), and K) 22» are reflective of the actual cost ofpcrfonning those tasks. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and pennitting processes. BE IT FURTHER RESOLVED that this Resolution, relating to fees authorized by the Collier County Administrative Code for all fee changes, be recorded in the minutes of this Board with an immediate effective date upon the Board of County Commissioners approval. and that Resolution No. 2004-391 is hereby superseded by the adoption of this Resolution effective as stated above, and that the Exhibit attached to this Resolution be included in, and be made a part of, the Collier County Administrative Code. Agenda Item No. 16A 12 March 22, 2005 Page 5 of 42 This Resolution adopted after motion, BCCODd and majority vote. Done this day of .2005. BOARD OF COUNTY COMMISSIONERS COILIBR COUNTY. FLORIDA ATTEST: DWIGHT E. BROCK. CLERK. Deputy CJerk FRED W.COYLE, CHAIRMAN Approved as to form and legal sufficiency: - ,- 2 c o (~ March '22, 2005 Page 6 of 42 . T Or Ct ... ... t y BXBDI'IT .A. COLLIER COtm'l'y COMMtJNITY DEVELOPMENT AND ENVJ:RONMENTAL SERVICES FEE SCHEDULE Bce propo..ð ver.ioza, X.røh 22, 2005 Conteut.: A) ADMINISTRATION ............................................................................................................................................ ..................................................... 2 B) BLASTING PERMITS & INSPECTION .............................................................................................................. ....................................................2 C) ENVIRONMENTAULANDSCAPING .................................................................................................................................................................... 3 D) EXCAVATION PERMITS ..... ................... ... ......... ....... ....................................................................................... ...................................................... 3 E) FIRE CODE REVIEW FEES.......................... ..... ...................................................................................................................................................... 4 F) SITE DEVELOPMENT PLANS .......................... ...................................................................................................................................................... 4 G) SUBDMSION ..........................................................................................................................................................................................................S H) ENGINEERING INSPECTION FEES ........ .............................................................................................................................................................. 6 I) TEMPORARY USE PERMITS .................................................................................................................................................................................. 6 J) WELL PERMITSIINSPECTIONS .............. .......... ........ ... ............. .................. ........................ ........... .......... ......................... .......................................7 K) ZONINOILAND USE PETITIONS ..................... ........... .... ........... ................................................. ....... ...., .............. .............................................. 7-8 L) MISCELLANEOUS .......................... ........... ..... ... ....... .......................... ......... ........... ............................... ............... ........ ........................................... 9 M) BUILDING PERMIT APPLICATION FEE ........................................................................................................................................................... 10 N) BUILDING PERMIT FEES ................................................................................................................................................................................ 11 0) ELECTRICAL PERMIT FEES ........................................................................................................................................................................ P) PLUMBING PERMIT FEES....... ............ .............. ...................... ............. ............................................. ............................................................. ~ Q) MECHANICAL PERMIT FEES ............................................................................................................................................................................. 12 R) FIRE PREVENTION AND CONTROL PERMIT FEES...............................................................·...·....·......·......·..................................................13 S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ................................................................................................... 13 1") CHICKEES AND S~ILAR STRUC11JRES..........................................................·...........··..··..··..........................................................................13 U) POOL OR SPA PERMIT FEES...............................................................................................................................................................................13 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ........................................................................................................................................13 W) SIGN PERMIT FEES .................... .........................................................................................................................................................................13 X) CONVENIENCE PERMIT FEES.... ........................................................................................................................................................................ 14 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ............................................................................................14 Z) PERMIT EXTENSION .............." ..... .................................................................................................................................................... ................... 14 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES........................................··......·......·....................·............·..........................14 BS) PRE-MOVING INSPECTION FEES .. ..... ................ .... ... ..... .................................................... ..... .......... ............................................ .................. 14 CC) INSPECTION FEES............ .......... ..... ................... ....... .............................. ............................... ....... ... .... ..... ......................................................... 14 DD) REINSPECTlON FEES ........... .... ......... ..... ........... .............. ..................... .................................... ....... .............. .................................................... 1 S EI!) FAILURE TO OBTAIN A PERMIT ............................................................................."...."................................................................................ IS FF) LICENSING............ .................... .............. ...................... ....... ........ .......... .............................. ...... .... ..... .............................................. ................... 15 GG) DUPLICATE PERMIT CARDS ........................................................................................................................................................................... 15 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ................................................................................................................................ 15 11) PERMIT FEE REFUNDS ................................................................................................................................................................... ..................... 15 JJ}RECORD RETRlEV AL................................................................................................................."....................................................................... 16 KK) COpy FEES.......................................................................................................................................................................................................... 16 LL) RESEARCH .................................. ........................................................................................................................................................................ 16 MM) SUBSCRIPTION SERVICE........................."...................................................................................................................................."............... 16 NN) ELECTRONIC DATA CONVERSION SURCHARGE............................................··..··........·..·......·..........·.......................................................16 00) REGISTRATION OF RENT AI. DWELLINGS ............................................................ ....................................................................................... 16 PP) CERTIFICATE TO BOARD BILLING .................................................................................................................................." ............................. 16 QQ) ADDITIONAL FEE REPUND PROVISIONS ............................................................................................................................................ ......... 17 RR) REFUND PROVISIONS................................... .................... ........... ........ ..... ..... .... ....................... ....... ........ ...... ........ 17 5S) ADDITIONAL PEE PROVISIONS.............................. ........ ........ ...... .............. .......... ............. ........ ............................... 17 IT) PUBLIC VEHICLE FOR HIRE FEES........ ........................... ....... ..... ........................... .......... ..... ...... .............. .......... ......17 UU)"PAYMENTIN LlEUOP" FEE FOR PATHWAYS (SIDEWALKS. AND BIKE LANES)...............................·..................·..·..·.... .18 Fees are in bold CDES Financial Administration, rev 3/1105 ma] pase 1 March 22. 2005 Page 7 of42 - FEES ARE ESTABUSHED BY TIlE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY nœ BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPUCABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPUCABLE. WHERE AS PART OF A REZONING, PLAT OR SIMILAR APPUCATION TYPE, THE BOARD OF COUNTY COMMISSIONERS DIRECTS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE STANDARD TYPE OF APPROY AL PROCESSES REQUIRED, THE DIRECTOR OF THE APPROPRIATE DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET THE BOARDS REQUIREMENTS. THE APPUCABLE FEES SHALL BE TIlOSE WHIæ MOST CLOSELY RESEMBLE TIlOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING AND THE LIKE. A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (IDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based OD staffhours: Less than 20 hours $1,500.00, 20 to 40 hours $3,000.00, more than 40 hours $5,000.00 2) Intetpretation request submitted in cottjunction with a land use petition or requested during site development plan review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal ofYested Rights Determination. 5100.00 5) Amendment to Land Development Code. 53,000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC). $1,000.00 (non-refundable) B) BLASTING PERMITS &'INSPECTION 1) 30 day permit fee. non-refundable payable upon application. 5250.00 2) 90 day permit fee, non-refundable payable upon application. S6OO.00 3) Yearly permit fee, non-refundable payable upon application. $1,SOO.00 4) Renewal permit fee, non-refundable payable upon application. $200.00 5) After-the-fact fee, due to blastittg without a permit. 510,000.00 6) Fine fee, per detonated shot with aftet-tb.c-fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. 5100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. ,- CDES Financial Administration, rev 3/1105 ms1 page 2 " March 22, 2005 Page 8 of 42 C) ENVIRONMENTAULANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or f.Taction of an acre. $SO.OO ($3,000.00 maximum) 2) Agricultural Land Clearing a. Land Clearing Notification 5250.00 b. Land Clearing Permit 5250.00 Each additional acre or fraction of an acre. SSO.OO (53,000.00 maximum) 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (EIS) $1,500.80 for I st submittal and 2nd submittal if applicable, 3rd submittal $1,000.00, 4th and subsequent submittals $500.00 each 5) Landscape Re-inspection 111 $50.00, 2nd $75.00, every inspection afterward 5100.00 6) Vehicle on the Beach Permit Application. 52S0.00 (Permit fee sball be waived for public and non- profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 7) Beach Nourishment Permits - $400 8) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. 550.00 ($5,000.00 Maximum) 9) Coastal Construction Setback Line (CCSL): a. CCSL Permits 5400.00 b. Variance - Petition. $1000.00 10) Sea Turtle Permit- a. Sea Turtle Handling Permits. S1S.oo b. Sea Turtle Nesting Area Construction Permit $200.00 c. Sea Turtle Nest Relocation. $100.00 11) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. 550.00 ($3,000.00 Maxinmm) 12) . After-the-fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 41: normal fee D)EXCAVATIONPERNUTS 1) Annual Renewal. 5300.00 2) Application (private). $400.00 3) Application (Commercial). $2,000.00 4) Application (Development). $400.00 5) 5150.00 per inspection paid in advance for 12 months 6) Reapplication: 5300.00 plus 5200.00 per month inspection fee 7) Cubic Yardage Review Fee: $200.00 fIrSt 5000 cy, plus $10.00 per additional 1000 cy with a maximum ofS20,OOO.OO 8) Time Extension. $150.00 plus $200.00 per month inspection fee CDES Financial Administration, rev 3/1105 msl page 3 9) After-tho-fact Excavation Permit. 4:1 .ppDutton fee E) FIRE CODE REVIEW FEES 1) Fire Code Rc:v.iew fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDPA - Site Development Plan, Am~dment $150.00 c. SDPI - Site Development Plan. Insubs1antial $100.00 d. SIP - Site Improvement Plan $150.00 e. SIPI - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans 5150.00 g. PSP A - Prelinúnary Subdivision Plans, Amendment $100.00 h. PPL - Plans & Plat, Subdivision $100.00 i. FP - Final Plat Sl00.00 J. CONSTR - Construction Plans, SubdivisionlUtilities S108.00 k. ICP - Construction Plans, Insubstantial 5100.00 I. DR! - Development of Regional Impact $200.00 m. DOA - Development Ordor, Amendment $150.00 n. POOZ - Planned Unit Development. Rezone 5150.00 o. POOA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development. Insubstantial 5100.00 q. RZ - Rezone, Regular Zoning $100.00 r. CU - Conditional Use 5150.00 F) SITE DEVELOPMENT PLANS I) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per DIU b. plus 5100.00 per residential building structure; c. plus S.10 per square foot for non-residential d. plus $200.00 per building for non-residential. e. Additional fees for 3"" review $1,000.00, 4th review $1,500.00, Sill review 52,000.00, 6d1 and subsequent reviews $2,500.00 2) Pre-application fee. $500.00 (to be credited toward application fee upon submíttal.) a. Second and subsequentpre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staft's request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting wiJl be required. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) S100.00 per building pemút application 4) Site Development Plan Insubstantial Cbange a. Site Development Plan Insubstantial Change. $400.00 for first sheet, 5100.00 for each and every additional sheet submitted. b. Additional fees for 3"" review 51,000.00, 4111 Review 51.500.00, Sd1 and subsequent review $2,000.00 5) Site Development Plan Conceptual Review 5750.00 - CDBS Financial Administration. rev 3/110S msl page 4 6) Site Improvement Plan Review (SIP). 51000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75o/eofprobable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee a. Construction Documents Review Fee 0.75% of probable Paving. Grading, Drainage, Lighting, Code Mininmm Landscaping, and any other appurtenant cost of construction b. Construction Inspection 2.25% of probable Paving, Grading. Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction 9) Site Development Plan Amendment (SDP A) 52,500.00, a. Plus $40.00 per DIU plus $100.00 per resiœntial building stnlcture b. plus $.10 per square foot c. plus $200.00 per building for non-residential d. Additional fees for 3rd review $1,000.00, 4th Review $1,500,00, 5th and subsequent review $2,000.00 10) SBR Fees a) Pre-Acquisition Meeting $500.00 (no refunds or credits) b) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (aU normal pre- application provisions apply) c) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staff hours 11) Violation of the conditions ofapproval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP ISDP application fee 12) Request for alternative architectural design 5500.00, no separate or additional fee for appeals to, or requests for assistance from, the Architectural Arbitration Board. G) SUBDMSION 1) Lot Line Adjustment (LLA) $250.00 2) Subdivision Review Fe~s (PPL), (PPLA) - a. Construction Documents Review Fee 0.75% of probable Paving. Grading. Drainage, Lighting, Code Minimum Landscaping and any other appurtenant cost of construction b. Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimwn Landscaping, and any other appurtenant cost of construction c. Constnlction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 for each additional sheet d. Subdivisions - 3rd and subsequent additional reviews - 5500.00 e. Subdivisions - Substantial deviations from approval construction documents $5.00.00 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus 55.00 per acre (or fraction thereof) for residential, plus 510.00 per acre (or fÌ'action thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat (FP) $1,000.00 plus $5.00 per acre (or fraction thereof) for residential, $1000.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) CDES Financial Administration, rev 3/1105 mal pageS --...--..----.,.-..---..--.-.... .--."..' _.._.-.._-,._..-.,._---------_..__.-~_.._- ,- 5) Additional review of cons1roction plans for phased construction of subdivision improvements. 51000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction DocUD1CI1t Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Docwnent ModifiClition 0.25% of probable water and/or sewer construction costs a. 3rd and subsequent re-submittals - 5S00.00 9) Water and Sewer Facilitîes Construction Inspection Fee 2.25-/0 of probable water and/or sewer construction costs I 0) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PPL, PPLA, PSP, CNSTR or Final Plat Review Fee (FP). 11) Administrative Amendment $250.00 .....-... H) ENGINEERING INSPECTION FEES I) Engineering Inspection Fee $lSO.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: lit re-inspection 575.00, 2" re-inspection $100.00, 3rd and thereafter re- inspection 5125.00 I) TEMPORARY USE PERMITS 1) Beach Events Permits- a. Individual Permit 5100.00 b. Block of 25 calendar days 52,250.00 c. Bloök of 50 calendar days 54,500.00 d. Block of75 calendar days 56,750,00 e. Block of 100 calendar days $9,000.00 f. Block of125 calendar days $11,250.00 g. Block of 1 SO calendar d(¡ys $13,500.00 2) Temporary Use Permit Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development, Mobile home, Agricultural Zoning, and Tetnporary use for "Coming Soon" sign 5125.00 5) Residential and Non-Profit Garage and Yard Sale Pennits No Cbar¡e 6) Temporary Use Amendment. 5100.00 7) Renewals or extensions requested after the expiration date $200.00 -- CDES Financial Administration. rev 3/1105 msl page 6 March 22, 2005 Page 12 of 42 8) Temporary Use Permit for Special Events requiring BCC approval. including Circus and Carnival Pennits. $275.00 9) Political Signs (Bulk Temporary Permit) 55.00 10) Fees for Temporary Use permits issued After the Fact, A'IF: 2]( normal fee J) WELL PERMITSIINSPECTIONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $SO.OO 4) Well permit (construction, repair, or combined consttuction and abandonment at one site) $300.00 5) Well pennit (monitoring) 51SO.00 6) Well Permit (modification of monitor/test welt to a production well) 575.00 7) Well Reinspections a. First Reinspection $75.00 b. Second Reinspection 5100.00 c. Third Reinspection 5150.00 8) After the fact well permits 4:1 normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre-application meeting fee 5500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date oftbe last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Permit 54,000.00 (51,500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DR! Review (In addition to cost of rezone) $10,000.00 plus 525.00 an acre (or fraction thereof) 8) DRI/ DO Amendment $6,000.00 plus 525.00 per acre (or fraction thereof) 9) DRIABN - DR! Abandonment $1,500.00 10) Flood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 l CDES Financial Administration. rev 3/1105 nul page 7 March 22, 2005 Page 13 of 42 12) Non-Confonning Use Change! Alteration $1,500.00 13)Parking Exemption $1,500.00 14) Parking Reduction (Administrative) $580.00 15) Rezone Petition (PUD to PUD): $8,000.00 plus $15.00 an acre (or ftaction thereof) 16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertiseJ];)tnt of petition) 17) Planned Unit Development Amendments (substantial) $6,000 plus $25.00 an acre (or ftaction thereot) 18) Planned Urnt Develop1Ilent Amenchnent (Insubstantial) $1500.00 19) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or ftaction thereot) 20) Rezone Petition (to PUD) 510,000.00 plus $%5.00 an acre (or ftaction thereot) 21) Street Name Change (Platted) $500.00 plus $1.00 for each property owner requiring notification of proposed street name change. 22) Un-platted street name or project name change: $100.00 per application fee plus $50.00 per additional hour or partial hour of research required to process application, not to exceed $500. 23) Variance petition: $%,000.00 residential, $S,OOO.OO non- residential 24) Variance (Admirnstrative) Sl,OOO.OO 25) Zoning Certificate: Residential: $SO.OO, Commercial:Sl%5.00 26) POO Extension - Sun Setting: $1000.00 27) Sign Variance Petition: 52000.00 28) Stewardship Receiving Axea Petition (SRA): $7000.00 per 8RA plus 525.00 per acre for. Stewardship Sending Area Petition (SSA): $9,500.00 29) After-the-Fact ZoninglLand Use Petitions %:1: the normal petition fee 30) Land Use Petition Continuances a. Requested after petition has been advertised $580.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. -- 31) PUD Morntoring (one-time charge at time of building permit pick-up) a. 575.00 per dwelling unit for residential construction within a PUD. ($3.,000.00 maxinmm fee per building permit application) b. $0.10 per square foot for non-residential construction within a POO. (52,000.00 maximum fee per building permit application) 32) Any legal advertising required during any CDES activity or approval process wílI be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and win reconcile and adjust such charges against actual legal advertising billings at the completion of the project. CDBS Financial Administration. rev 3/ll 05 mal page 8 ......-...-... -~·__·_·_-____.____..,.w.. 33) Administrative Review (minor changes to PUD Master Plan) $1,000.00 L) MISCELLANEOUS l) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports shall be copied at actual cost. 4) Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shal1 be at no charge for the first hour, then at the base salary hourly rate of the staffmember conducting the service for time in excess of 1 hour. 7)CD Burning: $1.00, floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Photocopies of documents less than l1x17 inches: SO.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b. Print out on Paper $75.00 + $0.05 for every record over 1500 c. Mailing Labels 580,00 + $0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings 5750.00 c. Pud's or PUD Amendments: $2250.00 d. Letter ofGMP consistency to oùtside agencies: $250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building pennít application 13) Project Meetings: Active applications under review for the following project types will be afforded one inter- departmental meeting at no charge: Planned Unit Development re-zonings and Site Development Plan applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests for all other application types and additional meetings will be subject to the following fees: a. Meetings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress, $150.00 per one hour minimum, $75.00 per Y1 hour thereafter. Additional Department staff attending meeting per applicant request $75.00 per Y2 hour per staff member. CDES Fìnancia1 Administration. rev 3/1105 msl page 9 .............._.......__._._.·H....·· b. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour miniuwm, SZSO.oo per % hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 -+ 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $100.00 (includcsup to I hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000.00 b. Cbapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP Amendment a. Small Scale $9000.00 b. General $16,700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. d. Pre-application meetings for GMP consistency for development orders and zoninglland use petitions: $250 e. Pre-application meetings for GMP amendment petitions: $250 (to be credited towárd application fee uponsubmìttal) 19) Application for issuance IDR, $250 (non-refundable);plus $1.5 per IDR issued and recorded (total fees not to exceed $2750) 20) Engineering Services a) Vacation of Easements: $1,000 21) Building Board of Adjustments and Appeals $250.00 - M) BUILDING PERMIT APPLICATION FEE 1) A pennit application fee shall be collected at time of applying for a . building pennit. The pemùt application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee üthe application is denied oX' if the application is approved and the permit is not issued within the time limitation as sœted in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex S.05 per sq ft with minimum of $100.00 b. Multi-Family & Commercial 5.05 per sq ft up to 10,000 sq ft, $.015 for over 10.000 sq. ft. 3) Maximum. application fee shall NOT exceed $5,000.00. 4) Minimum fee ofS50.00 for each of the following: plumbing; mechanical (AlC); CDES Financial Admini.ll'atíon. rev 3/1105 msl page 10 March 22, 2005 Page 16 of 42 electrical; fire; and building, when applying for additions/alterations. Minimum fee for aU other applicatio,- -" $50.00. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of consttuction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table -(Exhibit B), whichever is greater. Valuation of construction costs oness than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. -SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires pennits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of$750.oo through $4,999.99 - With one or no inspections $50.00, With multiple inspections $100.00 b. Valuation of construction costs of $5,000.00 through $49,999.99- With one or no inspections· 530.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of$2,000.00. With multiple inspections· $80.00 plus $5.50 per thousand dollars, fraction thereof, of building valuation in excess 0($2000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00 - $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess ofSSO,OOO.OO. d. Valuation of construction costs over $1,000,000.00 - 52800.08 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of$l,Ooo,OOO.oo. 0) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures sban be computed as follows: a. $0.40 per ampere rating of aU single-phase panel boards. b. 50.15 per ampere rating for switch or circuit whichever is greater. ifitern #1 above does not apply. c. When not a complete installation, all switcb and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Pennit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be 550.00 per writ or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If CDES Financial Adnùnistration. rev 3/1105 ms] page II -,._..".._-~....- March 22, 2005 Page 17 of 42 inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid P) PLUMBING PERMIT FEES I) The following fee calculations shall be appnedseparatcly when the pennit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing pennit shall be computed at the rate of 550.00 to be charged for each living unit with one to three bathrooms. An additional fee of$10.00 will be ancssed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the fonowing methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or ftaction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate ofS1..00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee 0($50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of $50.00 per floor for each main riser. 4) The cost of apennit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES I) The following fee calculations shall be applied separately when the permit involves oùxed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the rate of 550.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods. whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be 53.00; or The rate of $3,00 per 425 square feet of floor area, or ftaction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of 550,00 per floor for each coolittg tower, or 550.00 Cor the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical pennit fee shall be 550.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. -" CDES FinlUlcial Administration, rev 3/] IOS mal page 12 March 22, 2005 Page 18 of42 R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOME/OrnCE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75,00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fU'C protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fU'C, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES I) For construction of each public pool or spa the fee shall be - a. Valuation of construction costs of up to $4,999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99: $80.00 plus $7.00 per thousand doU81'$, or fraction thereof, of building valuation in excess of 52,000.00. c. Valuation of construction costs of 550,000.00 through 51,000,000.00: $333.00 plus $3,00 per thousand dollars, or fraction thereof, of building valuation in excess ofS50,ooo.00. d. Valuation of construction costs over 51,000,000.00: $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of$I,OOO,OOO.OO. 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCWSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. 52.00 per sq. ft. oftloor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee win then be calculated in accordance with Section N of this Resolution. W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. CDES Financial Administration. rev 3/1105 msl page 13 --"--',,, 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit. however an appropriate fee shall be charged for each sign in accordance with the scbedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES l) Convenience permits ate issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on. the permit. The fee for a book of 10 convenience permits isS400.00. Y) REVISION AND AS DUlLT PLAN REVIEW FEES; CORRECTIONS TO PLANS I) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects sluill be 550.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or 5150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: . a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded". c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No cbarge b. Second Correction to Plans. $75.00 c, Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION 1) The filing fee for each permit extension sluill be equal to 10°!. of the original building pennit fee or $100.00, whichever is greater, but shall not exceed 5500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to detennine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be 550.00 for the demolition of any building or structure. DB) PRE-MOVING INSPECTION FEES l) The fee shall be 5150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES 1) A charge of 520.00 per inspection shall be assessed for inspections for which a pennit is not necessary. CDBS Financial Administration, rev 3/1 105 msl page 14 March 22, 2005 Page 20 of 42 2) A user fee of $40.00 per inspection shall œ assessed for inspections on a time specified basis. 3) A user fee of $110.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First partial inspection for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of $75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $115,00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT I) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed 51,000.00 for pennits costing 5250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $150.00 shal1 œ two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or trom any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING I) Tbe fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. V oIuntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) 00) DUPLICATE PERMIT CARDS 1) The fee shall be 55.00 for the iasuance of a duplicate permit card for whatever reason. BH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a pennit that has been issued, the fee shall be $50.00. TIris fee includes the issuance of a new permit card. D) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. CDES Financial Administration. rev 3/1105 msl page 15 March 22, 2005 Page 21 of 42 JJ)RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as fonows: a. Microfilm copies, of documents less than 1 txl? inches: $0.15 other sizes at cost ofproductiolL f. Microfilm or Blueprint copies: 18 X 2451.25 per page 30 X 36 $1.50 per page 30 X 42 53.25 per page 34 X 44 55.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.S inches 50.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and co~s shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports tbat are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly ~te oftbe staff member conducting the service for tin1e in excess of 1 hour. ,-' MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shan be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of3% oftbe building permit application fee, with the minimum surcharge being $3.00 and the maximum being $ISO.00, will be applied to every building permit application submitted. A flat fee ofS3.00 pel' permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as foUows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee - $10,00 per day 2) Rentallnspection a. Rental Inspection - S200.00 per unit b. Re-inspection Fee - SSO.OO per re-inspection PP) CERTIFICATE TO BOARD BUD.,DlNG I) Initial Boarding Certificate - SO 2) Boarding Certificate Extension - 5150 CDES Financial Administration. rev 3/1105 msl page: 16 March 22, 2005 Page 22 of 42 QQ) ADDmONAL FEE REFUND PROVISIONS I) Requests for fee waivers may only be approved by the Board of Cmmty Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Comrmmity Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and. ifappticable, the nature of the organization requesting the fee waiver. RR) REFUND PROVISIONS 1) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project 2) There will be no refund of Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees. 3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff enor causes the inappropriate or unnecessary filing of an application and payment of fee~ . ~() percent of aU inappropriate fees, shall be refunded upon written request and with the concurrenc Department management. SS) ADDITIONAL FEE PROVISIONS 1) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by aU principals involved. In no case shall fmal C.O. or such certifications of project completeness be issued until payments due CDES are received in full. . 2) All hourly fees are computed and charged from actual Divisional time tracking records. 3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 4) When deemed essential for project review or approvaI.there will be no additional charge for any meetings requested by CDES staff. IT) PUBLIC VEHICLE FOR HIRE FEES I) The following fees shan be assessed for the Public V chicle for Hire Program: a. Initial Application fee (new Companies) - $200 b. Certificate to Operate - $250 c. Vebicle Decal - $50 per vebicle d. Temporary Vehicle Decal- $5 per vehicle CDES Financial Administration, rev 3/1 105 mal page 17 March 22, 2005 Page 23 of 42 c. Driver Identitbtion Card - S!O per driver f. Replacement Identüication Card . SlOper card g. On-site V chicle Pcrmittiq - 515 per vehicle UU)"PAYMENT IN LIEU or PEEJi'OR PATBWA'YS (SIDEW ALK8, AND BID ·LANBS) 1) Calculated using the c:u.rrent Florida DepartmCDt of Transportati()D (FOOT) coaatiuction costs or m engineering estimate DOt to exceed twenty-five percent (2S%) of the submitted app1îc:ation request's total project cost This Is the last page of the CDES Fee Schedule -- CDES Fiancíat Adminiatr.tíon, m' 3/IIOS INI pagelS c . . I. ... ,.-." I "J '~' March 22, 2005 Page 24 of 42 C ø .. . t Y o c~~ T ATTACBMBHT B STRID-TBROtJ'GHS AND UNDERLINES COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE Bce PrOJ)08ed. ver:aion, March 22, 2005 Contents: A) ADMINISTRATION..............................................................................................................................................................................................................2 B) BLASTINGPERM1TS &: INSPECTION .............................................................................................................................................................................2 C) ENVIRONMENTALlLANDSCAPING ...............................................................................................................................................................................3 D) EXCAV ATION PERMITS....................................................................................................................................................................................................3 E) FIRE CODB REVIEW PEES......................................................................................·..........................................................................................................4 p) SITE DEVELOPMENT PLANS............................................................................................................................................................................................4 G) SUBDIVISION ......................................................................................................... ..............................................................................................................5 H) ENGINEERING INSPECTION FEES .................................................................................................................................................................................6 I) TEMPORARY USE PERMITS ..............................................................................................................................................................................................6 1) WELL PERMTTSlJNSPECTIONS ......................................................................................................................................................................................... 7 K) ZONINGILAND USEPETlTJONS .................................................................................................................................................................................. 7-8 L) MISCELLANEOUS ..................;............................................................................................................................................................................................9 M) BUILDING PERMIT APPLJCA TION FEE.............................................................................................·....................................................................... 10 N) BUILDING PERMIT FEES................................................................................................................................................................................................ 11 0) ELECTRICAL PERMIT FEES .......................................................................................................................................................................................... 11 . P) PLUMBING PERMIT FEBS...............................................................................................................................................................................................12 Q) MECHANICAL PERMIT FEES ........................................................................................................................................................................................ 12 R) FIRE PREVEN110N AND CONTROL PERMIT FEES ................................................................................................................................................. 13 S) MOBILE HOMElOFFICE TRAILER AND OTHER TRAILER PERMIT FEES ......................................................................................................... 13 1) CJßCKEBS AND SIMILAR STRUCTIJRES ................................................................................................................................................................... 13 U) POOL OR SPA PERMIT FEES .........................................................................................................................................................................................13 V) SCREEN ENCLOSURE PERMIT &: PAN ROOF PEES ................................................................................................................................................ 13 W) SIGN PERMIT PEES ......................................................................................................................................................................................................... 14 X) CONVENIENCE PERMIT PEES ...................................................................................................................................................................................... 14 Y) REVISION AND AS BUILT PLAN REVIEW PEES¡ CORRECTIONS TO PLANS................................................................·.......·........·....·....·...... 14 Z) PERMIT EXTENSiON........................................................................................................................................................................................................ 14 AA) DEMOLmON OF Bun..DJNG OR STRUC'IURE PERMIT PEES........................................................·.............................·.................................... 14 BB) PRE-MOVING INSPECTION PEES .............................................................................................................................................................................. 14 CC) INSPECTION FEES ......................................................................................................................................................................................................... 15 DD) REINSPECTION PEES ....................................................................................................................... ............................................................................ 15 BE) FAILURE TO OBTAIN A PERMIT ............................................................................................................................................................................... 15 FF) UCENSING ....................................................................................................................................................................................................................... 15 00) DUPLICATE PERMIT CARDS .....................................................................................................................................................................................15 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ........................................................................................................................................ 15 IT) PERMIT FEE REFUNDS ................................................................................................................................................................................................... 15 JJ}RECORD RBTRlEV AL ..................................................................................................................................................................................................... 16 KK) COPY FEBS ...................................................................................................................................................................................................................... 16 LL) RESEARCH ....................................................................................................................................................................................................................... 16 MM) SUBSCRIP110N SERVICE .......................................................................................................................................................................................... 16 NN) ELECTRONIC DATA CONVERSION SURCHARGE ............................................................................................................................................... 16 00) REGISTRATION OF RENTAL DWELLINGS ............................................................................................................................................................ 16 PP) CERTIFJCA TE TO BOARD Bn..L1NG ............................................................. .............................................................................................................. 16 QQ) ADDmONAL FEE REFUND PROVISIONS .............................................................................................................................................................. 17 RR) REFUND PROVISIONS..........,................................................. ................ ........... ....... .......... ...... .............................. 17 SS) ADDmONAL FEE PROVISiONS.......... ................................... .............. ..................... ..... .................... ........... ............ 17 IT) PUBUC vmDCLE FOR HIRE PEBS............ .............. ................ ................. ...... ....... ...... ...... ..... ...... ................... ...... .....17 UU) "PAYMENT IN UEU OF' FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES)..............................................·.........·.... .18 Proposed fee or wording changes - Underlined Previous fee or wording being changed - Strike-through Established Fees - Bold CDBS Financial AdministrBtion, rev 3/11105 mal peg" 1 · . ¿.. "^ . " .",..- . March 22, 2005 Page 25 of 42 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. WHERE AS PART OF A REZONING, PLAT OR SIMILAR APPLICATION TYPE, THE BOARD OF COUNTY COMMISSIONERS DIRECTS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE STANDARD TYPE OF APPROVAL PROCESSES REQUIRED, THE DIRECTOR OF THE APPROPRIATE DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET THE BOARDS REQUIREMENTS. THE APPLICABLE FEES SHALL BE mOSE WInCH MOST CLOSELY RESEMBLE mOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING AND THE LIKE. A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (IDC), Growth Management Plan (GMP), or Building Construction Adminis1rative Code (AdminiS1rative Code). Based on staffhours: Less than 20 hours $1,500.00, 20 to 40 hours 53,000.00, more than 40 hours $5,000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during site development plan review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. 53,000.00 6) Appeal of an Adminis1rative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Adminis1rative Code or the LDC). $1,000.00 (non-refundable) B) BLASTING PERMITS &: INSPECTION 1) 30 day permit fee, non-refundable payable upon application. $2S0.00 2) 90 day permit fee, non-refundable payable upon application. $600.00 3) Yearly permit fee, non-refundable payable upon application. $1,500.00 4) Renewal permit fee, non-refundable payable upon application. $200.00 5) After-the-fact fee, due to blasting without a permit. $10,000.00 6) Fine fee, per detonated shot with after-the-fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. CDBS Financial Administration, rev 3/11/0S msl page 2 · I. .... ."^." .~ March 22, 2005 Page 26 of 42 C) ENVIRONMENT AL/LANDSCAPING 1) Site Clearing Pennit, first acre or fraction of an acre. $250.00 Each additional acre or traction of an acre. $50.00 ($3,000.00 maximum) 2) Agricultural Land Clearing a. Land Clearing Notification $250.00 b. Land Clearing Pennit $250.00 each additional acre or fraction of an acre. $50.00 (53,000.00 maximum) 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (EI~ 52.500.00 for 1 st submittal and 2114 submittal if applicable, Sl'90.00,1Bå SUBmittal Sl~OO.oo, 3 submittal $1,000.00, 4th and subsequent submittals $500.00 each. 5) Landscape Re-inspection 111 $50.00, 204 $75.00, every inspection afterward $100.00 6) Vehicle on the Beach Permit Application. $250.00 (permit fee shall be waived for public and non- profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 7) Beach Nourishment Permits - $400 8) Special Treatment ReView a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. S50.00 ($5,000.00 Maximum) 9) Coastal Construction Setback Line (CCSL): a. CCSL Pennits $400.00 b. Variance - Petition. 51000.00 10) Sea Turtle Pennit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Pennit. 5200.00 c. Sea Turtle Nest Relocation. 5100.00 11 ) Vegetation Removal Pennit a. First acre or fraction of an acre less. 5250.00 b. Each additional acre, or ftaction thereof. 550.00 ($3,000.00 Maximum) 12) After-the-fact Environmental or Landscape Pennits a. CCSL Variance Petition. 2x DOrmal fee b. All other Environmental or Landscape Pennits. 4x normal fee D) EXCAVATION PERMITS 1) Annual Renewal. 5300.00 2) Application (Private). $400.00 3) Application (Commercial). 52,000.00 4) Application (Development). 5400.00 5) $150.00 per inspection paid in advance for 12 months 6) Reapplication: $300.00 plus 5200.00 per month inspection fee 7) Cubic Yardage Review Fee: 5200.00 first 5000 cy, plus 510.00 per additiona11000 cy with a maximum of $20,000.00 CDES FiDancial Administration, rev 3/11105 mal page 3 . "'" , .. '., ."A"'~ March 22, 2005 Page 27 of 42 -" 8) Time Extension. $150.00 plus S2OO.00 per month inspection fee 9) Aft:er-the-fact Excavation Permit. 4::1 applfcatlon fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDP A - Site Development Plan, Amendment $150.00 c. SDPI - Sire Development Plan, Insubstantial $100.00 d. SIP - Sire Improvement Plan $150.00 e. SIPI - Site Improvement PIan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. PSPA - Preliminary Subdivision Plans, Amendment $100.00 h. PPL - Plans & Plat, Subdivision $100.00 i. FP - Final Plat $100.00 j. CONSTR - Construction Plans, SubdivisionlUtilities $100.00 k. ICP - Consttuction Plans, Insubstantial $100.00 1. DRl - Development of Regional Impact $200.00 m. DOA - Development Order, Amendment $150.00 n. PUDZ - Planned Unit Development, Rezone $150.00 o. PUDA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development, Insubstantial $100.00 q. RZ - Rezone, Regular Zoning $100.00 r. CU - Conditional Use $150.00 F) SITE DEVELOPMENT PLANS I) Sire Development Plan Review (SDP). $5000.00 a. plus $40.00 per DIU b. plus $100.00 per residential building structure; c. plus $.10 per square foot for non-residential d. plus $200.00 per building for non-residential. e. Additional fees for 3m review $1,000.00, 4th review $1,500.00, 5th review $2,000.00, 6111 and subsequent reviews $2,500.00 2) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request sball not be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credired towards application fees and a new pre-application meeting will be required. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application .- 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sheet submitted. b. Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, Sib and subsequent review $2,000.00 5) Sire Development Plan Conceptual Review $750.00 CDES Financial Administration, rev 3/11105 msl page 4 -w I. .... ~ '"' ^ A '" March 22, 2005 Page 28 of 42 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% ofprobable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification. submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction b. Construction Inspection 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction 9) Site Development Plan Amendment (SDPA) $2,500.00, a. Plus $40.00 per DIU plus $100.00 per residential building structure b. plus $.10 per square foot c. plus $200.00 per building for non-residential d. Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 10) SBR Fees a) Pre-Acquisition Meeting $500.00 (no refunds or credits) b) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) c) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10010, final project charges at $100.00 per hour for all associated staff hours 11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP application fee 12) Request for alternative architectural design $500.00, no separate or additional fee for appeals to, or requests for assistance from, the Architectural Arbittation Board. G) SUBDMSION 1) Lot Line Adjustment (LLA) $250.00 2) Subdivision Review Fees (PPL), (pPLA) - a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping and any other appurtenant cost of construction b. Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction c. Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 for each additional sheet d. Subdivisions - 3rd and subsequent additional reviews - $500.00 e. Subdivisions - Substantial deviations from approval construction documents $500.00 3) Subdivision, Preliminary Plat (PSP} a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereot) for residential, plus $10.00 per acre (or fraction thereot) for non-residential; (mixed use is residential) 4) Subdivision Final Plat (FP) $1,000.00 plus $5.00 per acre (or fraction thereot) for residential, $1000.00 plus $10.00 per acre (or fraction thereot) for nonresidential; (mixed use is residential) CDES Financial AdmiDistration, rev 3/11/05 msl page 5 · 10 ~ ~ <:> ^ ~., . -"'- -- March 22. 2005 Page 29 of 42 -. 5) Additional review of construction plans for phased construction of subdivision improvements. SI000.00 per phase 6) Two-year Extension $150.00 1) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs a. 3rd and subsequent re-submittals - S500.00 9) Water and Sewer Facilities Construction Inspection Fee 2.25% of probable water and/or sewer construction costs 10) Violation of the conditions of approval of approved construction plans or installation of improvements. clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PPL, PPLA. PSP, CNSTR or Final Plat Review Fee (FP). 11) Administrative Amendment $250.00 H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 111 re-inspection $75.00, 2M re-inspection $100.00. 3M and thereafter re- inspection $125.00 I) TEMPORARY USE PERMITS 1) Beach Events Pennits- a. Individual Permit $100.00 b. Block of25 calendar days S1,250.00 c. Block of 50 calendar days $4t500.00 d. Block of75 calendar days $6t750.00 e. Block of 1 00 calendar days S9tOOO.OO f. Block of 125 calendar days $11,250.00 g. Block of 150 calendar days $13,500.00 2) Temporary Use Pennit Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development, Mobile home. Agricultural Zoning, and Temporary use for "Coming Soon" sign $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Cbarge 6) Temporary Use Amendment. $100.00 7) Renewals or extensions requested after the expiration date $200.00 CDES Financial Administration. rev 3/11/0S msl page 6 -"" I. ,,0. .""A.... March 22, 2005 Page 30 of 42 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $175.00 9) Political Signs (Bulk Temporary Permit) $5.00 10) Fees for Temporary Use permits issued After the Fact, ATF: 1][ normal fee J) WELL PERMITSllNSPECTIONS 1) Hydraulic elevator shaft pennit $300.00 2) Test hole permit (including 1 st six holes) $300.00, each additional hole $10.00 3) Well permit (abandonment) $50.00 4) Well permit (construction, repair, or combined construction and abandonment at one site) $300.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification ofmonitDrltest well to a production well) $75.00 7) Well Reinspections a. First Reinspection $75.00 b. Second Reinspection $100.00 c. Third Reinspection $150.00 8) After the fact well pennits 4][ normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONINGILAND USE PETITIONS 1) Pre-application meeting fee $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Permit $4,000.00 ($1,500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DRI Review (In addition to cost of rezone) $10,000.00 plus $15.00 an acre (or fraction thereof) 8) DRI/OO Amendment 56,000.00 plus $25.00 per acre (or fraction thereof) 9) DRIABN - DRI Abandonment $1,500.00 10) Flood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 CDES Financial Administration, rev 3/11/05 msl page 7 .. . ~"^~" -"'- March 22, 2005 Page 31 of 42 12) Non-Conforming Use Change/Alteration $1,500.00 13)Parking Exemption $1,SOO.OO 14) Parking Reduction (Administrative) $500.00 15) Rezone Petition (pUD to PUD): 58,000.00 plus $25.00 an acre (or fraction thereof) 16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (petitioner to pay this amount prior to advertisement of petition) 11) Planned Unit Development Amendments (substantial) 56,000 plus $25.00 an acre (or ftaction thereof) 18) Planned Unit Development Amendment (Insubstantial) $1500.00 19) Rezone Petition (Regular) 56,000.00 plus $25.00 an acre (or fraction thereof) 20) Rezpne Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof) 21) Street Name Change (platted) 5500.00 plus $1.00 for each property owner requiring notification of proposed street name change. - 22) Un-nlatted street name or nroiect name chanRe: $100.00 t)C1' aœlication fee nlus $50.00 ner additional hour or nartial hour of research reauired to nrocess a1JDlication. not to exceed $500. Street Name (æplatteè) 9f PFejeet Neæe ClJaøge SI90.00 23) Variance petition: $2,000.00 residential, $5,000.00 non- residential 24) Variance (Administrative) $1,000.00 25) Zoning Certificate: Residential: $SO.OO, Commercial:$125.00 26) PUD Extension - Sun Setting: $1000.00 27) Sign Variance Petition: $2000.00 28) Stewardship Receiving Area Petition (SRA): $7000.00 per SRA plus $25.00 per acre for. Stewardship Sending Area Petition (SSA): $9,500.00 29) After-the-Fact Zoning'Land Use Petitions 2:x the normal petition fee 30) Land Use Petition Continuances a. Requested after petition has been advertised $SOO.oo b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. 31) PUD Monitoring Fee (one-time charge at time of building permit pick-up) a. $75.00 per dwelling unit for residential construction within a PUD, ($3,000.00 maximum fee per building permit application) b. SO.10 per square foot for non-residential construction commercial or industrial construction within a PUD, ($2,000.00 maximum fee per building permit application) 32) Ar1y legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required CDBS Finllncisl Administration. rev 3/11105 msl pege 8 .'" I. "'.. ."'A.... March 22, 2005 Page 32 of 42 project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 33) Administrative Review (minor changes to PUD Master Plan) 51,000.00 L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports shall be copied at actual cost. 5.50 as set forth in Resolution 98-498, as amended. 4) Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 7)CD Burning: 51.00, floppy disk: 5.50 8)Complete sets of Official Zoning Atlas Map Sheets 5100.00 per set. 9)Photocopies of docwnents less than l1x17 inches: 50.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record 51.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b. Print out on Paper 575.00 + 50.05 for every record over 1500 c. Mailing Labels 580.00 + 50.06 for every record over 1500 d. Print out on Paper + Mailing Labels 585.00 + 50.11 for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings 5750.00 c. Pud's or PUD Amendments: 52250.00 d. Letter of GMP consistency to outside agencies: 5250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: 575.00 per building permit application b) Express permits: 515.00 per building permit application 13) Project Meetings: Active applications under review for the following project types will be afforded one inter- departmental meeting at no charge: Planned Unit Development re-zonings and Site Development Plan applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests for all other application types and additional meetings will be subject to the following fees: a. Meetings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress, 5150.00 per one hour minimwn, $75.00 per Y:t hour thereafter. CDES FÍD8I1cial AdministrlltioD, rev 3/11105 mal page 9 A _L ,£ .... ~"^~... ." March 22, 2005 Page 33 of 42 - Additional Department staff attending meeting per applicant request $75.00 per ~ hour per staff member. b. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per Y2 hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP Amendment a. Small Scale $9000.00 b. General $16,700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. d. Pre-application meetings for GMP consistency for development orders and zoninglland use petitions: $250 e. Pre-application meetings for GMP amendment petitions: $250 (to be credited toward application fee upon submittal) 19) Application for issuance TDR, $250 (non-refundable);plus $25 per TDR issued and recorded (total fees not to exceed $2750) 20) Engineering Services a) Vacation of Easements: $1,000 21) Building Board of Adjustments and Appeals $250.00 M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected. when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex $.05 per sq ft with minimum of $100.00 b. Multi-Family & Commercial $.05 per sq ft up to 10,000 sq ft, $.025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $5,000.00. CDES Financial AdminiltrlltioD, rev 3/11/05 mal page 10 .'" " ~I~ -fC>h-f'1 --. March 22, 2005 Page 34 of 42 4) MinimInD. fee of 550.00 for each of the following: plumbing; mechanical (Ale); electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance of the total pennit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building pennit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table -(Exhibit B), whichever is greater. Valuation of construction costs ofless than 5750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. ·SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Co1líer County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of $750.00 through $4,999.99 - With one or no inspections 5SO.00, With multiple inspections $100.00 b. Valuation of construction costs of $5,000.00 through $49,999.99- With one or no inspections - 530.00 plus $6.00 per thousand dollars, or ftaction thereof, ofbuílding valuation in excess of $2,000.00. With multiple inspections - $80.00 plus $5.SO per thousand dollars, or ftaction thereof, of building valuation in excess of$2,OOO.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00 - 5250.00 plus $2.40 per thousand dollars, or ftaction thereof, ofbuílding valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00 - $1,800.00 plus $2.40 per thousand dollars, or ftaction thereof, ofbuílding valuation in excess of $1 ,000,000.00. 0) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. 50.40 per ampere rating of all single-phase panel boards. b. 50.15 per ampere rating for switch or circuit whichever is greater, ífitem #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at SO.15 per ampere. d. Pennit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. r. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. CDES Pinancial Administration, rev 3/11/05 mal page 11 ,. . . " ^ . .... .'" March 22, 2005 Page 35 of 42 - EXCEPTION: Ordinary repairs limited to a $200 vaiue or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of 550.00 to be charged for each living unit with one to three bathrooms. An additional fee of$tO.OO will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or :/Taction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of 5SO.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of$50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be 5SO.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the rate of 5SO.00 fur each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be 53.00; or The rate of $3.00 per 425 square feet of floor area, or ftaction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of$50.oo per floor for each cooling tower, or 550.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above CDBS Financial AdministratiOD, rev 3/11/05 msl pase 12 ~'~ .... .CA." March 22, 2005 Page 36 of 42 mechanical permit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOMFlOFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1) The pennit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional pennit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For consttuction of each public pool or spa the fee shall be - a. Valuation of construction costs of up to $4,999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99: $80.00 plus $7.00 per thousand dollars, or ftaction thereof, of building valuation in excess of$2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of$SO,OOO.OO. d. Valuatiœ of construction costs over $1,000,000.00: $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in ~cordance with Section N of this Resolution. CDES FiDanciaJ AdminiIb'lltion, rev 3/11/05 msl page 13 ."'. I. '" ~"'^~,., March 22, 2005 Page 37 of 42 -- W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECI10NS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be 550.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum cons1ruction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded". c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECfIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION 1) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLmON OF BUILDING OR STRUCfURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or stmcture. CDES Financial Adminislrlltion, rev 3/11/0S ms1 pASI! 14 ,. I'd. .."'^.." ."'. March 22, 2005 Page 38 of 42 CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of$40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of$120.oo per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of $75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1,000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person ftom fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating 51.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be 55.00 for the issuance of a duplicate permit card for whatever reason. HH) CHANGE OF CONTRACfOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontmctor, on a permit that has been issued, the fee shall be 550.00. This fee includes the issuance of a new permit card. D) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged. other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. CDES Financial Administration, rev 3/11105 msl page 15 (.. . I. I,... A ... I""J ." .. March 22, 2005 Page 39 of 42 - -- JJ)RECORD RETRIEVAL 1) No charge for retrieving records ftom inactive or remote storage including microfilmed documents KK.) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than Ilx17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 51.25 per page 30 X 36 52.50 per page 30 X 42 53.25 per page 34 X 44 55.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.S inches 50.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. MM) SUBSCRIPTION SERVICE The fee for on~year subscription service to be mailed quarterly shall be 515.00 per year. The subscription year is ftom Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of3% of the building permit application fee, with the minimum surcharge being 53.00 and the maximum being 5150.00, will be applied to every building permit application submitted. A flat fee of53.00 per pennit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - 530.00 b. Annual Renewal - 520.00 c. Late Fee - 510.00 per day 2) Rental Inspection a. Rental Inspection - 5200.00 per unit b. R~inspection Fee - $50.00 per re-inspection PP) CERTIFICATE TO BOARD BUll.DING 1) Initial Boarding Certificate - 50 2) Boarding Certificate Extension - 5150 CDES Financial Administration, rev 3/11/05 msl page 16 ^ ."'. ..J. I.. "I. ~"'^~., March 22, 2005 Page 40 of 42 QQ) ADDmONAL FEE REFUND PROVISIONS 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. RR) REFUND PROVISIONS 1) PAYMENT OF FEES: Full payment of fees is required for a complete application. Deparbnent policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refimd of Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification. there will be no refund of submitted fees. 3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management SS) ADDmONAL FEE PROVISIONS I) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until payments due CDES are received in full. 2) All hourly fees are computed and charged from actual Divisional time tracking records. 3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 4) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff. TT) PUBLIC VEHICLE FOR HIRE FEES 1) The following fees shall be assessed for the Public Vehicle for Hire Program: a. Initial Application fee (new Companies) - $200 b. Certificate to Operate - $250 CUBS Financial Administration, rev 3/11/05 D181 page 17 ·, -" ~I~ ~t:>^~.., v . March 22, 2005 Page 41 of 42 c. Vehicle Decal- S50 per vehicle d. Temporary Vehicle Decal- $5 per vehicle e. Driver Identification Card - $50 per driver f. Replacement Identification Card - $10 per card g. On-site Vehicle Permitting - $15 per vehicle UU)"PA YMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES) 1) Calculated using the current Florida Department of Transportation (FOOT) construction costs or an engineering estimate not to exceed twenty-five percent (25%) of the submitted application request's total project cost This is the last page of the CDES Fee Schedule CDES Financial Administrati01l, rev 3/11/0S mal page 18 PrI!I'Viøaa Fee Schedu1I!I Secbon: Environmental I:mpact Stale!mmt (EIS) ~ 2nd submitta11U!12.OO., 3rd submi1ta1 ~ 4th and subloqucnt lUbmiüals llQQ.Q!l __ Fee ScbodI11e SocIiOll Street Name (unplatted) or Project Neme Chen¡¡e UI12. Agenda Item No. 16A12 March 22. 2005 Page 42 of 42 """--FeeSobedDùo Section 01) Environmental Impact Statement (EIS) $2,500.00 for 1st submittal and 2'"' submittal if applicable, 3rd submittal 51,000.00, 4th and subsequent submittals 5S00.00 each .",< ProboIed Fee ~Ñwtnl... SectiOD D2) IJD-platlld 1b'Iet_ or project II&IDI cbaage: Sloo.oo per oppllcoâoa foe pluo 550.00 per addidoaal hour or poni&I hour of-œ required to pn>ceII çpliœtìoa, Dot to exceed S500 _II'! c· Summaryo!~ chongMID tho CDE8fM_1e FAH -.... ~ 3/1112005 Agenda Item No. 16/1.13 March 22, 2005 Page 1 of4 ,...-'" EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of IIQuarry Phase 1", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security OBJECTIVE: To approve for recording the final plat of "Cuany Phase 1", a subdivision of lands located in Section 23 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cuany Phase 1". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Section 10.02.04. Engineering Services Department recommends that the final plat of IICuany Phase 1" be approved for recording. FISCAL IMPACT: The project cost is $3,412,718.66 (estimated) to be bome by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,452,009.33 - $1,960,709.33 The Security amount, equal to 110% of the project cost, is $3,753,990.53 The County will realize revenues as follows: - Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $104,476.54 Agenda Item No. 16A 13 March 22, 2005 Fees are based on a construction estimate of $3,412,718.66 and were paliö*,2 of 4 -September, 2004. - The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 2,095.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $10,890.07 c) Drainage, Paving, Grading (.75% const. est.) - $14,496.94 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $32,670.20 e) Drainage, Paving, Grading(2.25%const.est.) - $43,490.81 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLÖGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Cuany Phase 1" for recording with the following stipulations: 1. Approve the amount of $3,753,990.53 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. '-, PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A13 March 22, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .,.,-".. Muting DI'" 16A13 RecommendetioM to approve 10r recording the fi"sl plat of ·Ouarry Phaae 1', .pprovlII of the Itandsrd form Construction and Maintenance Agreernent and a3provaj of the amDunt of the perfDnT'\8nCe security. 3/22/200b 9:00:00 AM Item Number I..m Summlry Approved By Thonul~ E. Kuçk, P.E. CDES Enginuering Servlcas Dhet.1or Dabl Community Development & 3/14/20054:01 PM Environmental Sorvicl!t$ CDES Enili""';"g Service. Approved By Sandra Lea Executiyc Sec:rl&tary D.te Cornrnunlty Dltvutopmltnt ... CI)I1Ununíty DáVe'(),),nent & 3/14/20054:22 PM Environmant.1 ServiclIII Enyironrmmt.1 Services Admin. Approved By Jo..ph K. 1S(:htnltt Community Development & Dute Environment., Services Admin_tr_tor Community DltvalopmltfH & Community Development & 3/14/20057:13 PM Environmental Service.. Environmental 8eNlces Admin. Approved By Constnnce A, J(lhnnon Of~uf1ltj(ln6 AtJllty3t Cute Community O..valopment & Community Development & 3/15120058:31 AM Envirunrnfl"tal Servlc:e:s Environmuutal Smvic.ls Ad,,,ln_ Approved By OMS Coordinator Administra(ve A&s¡.t.nt Data Count)' Manager'. Office OmCl!! of Mon.geme"1 & Budget 3/1&120054:20 PM Approved By Micchael Smykowski Munugement & 8udgot Din."Cb>r Date County M..nager's Offh:e Office of Manllgement & Budg~t 3/15120055:18 PM Approved By Jamus V. Mudd County Manugllr Dat~ Bourd 0' CQunty County ManQger'. Ol'fice 3/15/20059:21 PM CommiulonC!J$ ,.,.- LEE COUNTY . "'fñ ~,=~."M I I ~ . __~1IIMnD 1 .... M1IIIITA_ ..... LOCATION MAP ~ z 8 ~ I W . --'::'''",'''''. - "" . QUARIn' PKoUE I -- ,. _OAY '" Agenda Item No. 16A13 March 22, 2005 Page 4 of 4 HllJTAÆ MY DOl BITE LOOATION SITE MAP I«JnMIE BAY COt I. . .. HDIITMIt lAY '" Agenda Item No. 1681 March 22, 2005 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel No. 103B required for the construction of a storm water retention and treatment pond necessary for the widening of County Barn Road from Davis Blvd. to CR-864. (project No. 60101, Capital Improvement Element No. 33). Fiscal Impact: $126,950.00. OBJECTIVE: To approve a Purchase Agreement for the acquisition of a pond site required for the constmction of improvements to County Barn. Road. CONSIDERATIONS: The subject property is located at the Southwest comer of the intersection of County Barn. Road and Cynthia Lane and is 1.02 acres in size. The property is required for the construction of a stormwater retention and treatment pond necessary for the construction of improvements to County Barn Road scheduled to commence in the swnmer of 2006. The property owner purchased tills property in June of 2004 for $115,500.00. The County's real estate appraiser estimated the value of the land required for the pond at $112,000.00 as of December 7, 2004. Staff has negotiated a settlement with the property owner for the purchase of the pond site for $125,875.00. In view of the fact that various real estate appraisals obtained for - right-of-way acquisition projects throughout the Urban Area of Collier County have indicated that properties have been increasing at between 1.7% and 2.0% per month, an updated appraisal of the subject property as of the proposed closing date (May 2005) might weIl be as much as $123,200.00. If the County had to resort to its power of eminent domain to acquire the property, the costs to pay the property owner's experts and the possibìIìty of costs of a future trial (which would include the County's attorney's fees and costs, an appraiser and other expert fees and costs for consultations, appearances at mediation and testifying at trial) could easily approach $20,000.00. This settlement amount is fair to the property owner and benefits the County by saving thousands of doIlars in probable expert fees and costs. FISCAL IMPACT: Total expenses wiIl not exceed $126,950.00 including the purchase price for the land, closing services, title insurance and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMP ACT: As the County Barn. Road widening project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Giowth Management Plan. RECOMMENDATION: That the Board of County Commissioners ofColIier C01.m.ty, Florida: 1. Approve the Purchase Agreement for County Barn Road Parcel No. 103B, in the amount of $125,875.00 and authorize its Chairman to execute same on behalf of the Board; - Agenda Item No, 1681 March 22, 2005 Page 2 of 3 2. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; 3. Accept delivery of the Warranty Deed for the property as provided under the Purchase Agreement; 4. Authorize staff to close the real estate transaction, and to record said deed in the public records of Collier County, Florida; and 5. Authorize any and all budget amendments, which may be required to carry out the collective will ofthe Board. Prepared by Debbie Annstrong, TECM - Right-of-Way - - - Item Number Item Summary Meeting Date Agenda Item No, 1681 March 22. 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Re.commendalion to approve the purchas-F.i of Parcel NO.1 038 required for thl' construction of ß storm water retentiDn and treatment pond necessary for the widening {)f COlJnty B8m Road from Davis. Blvd. to CR·864 (proJcct \i) 60101. CapltallmproVE:ment Element No. 33) FiscRi Impact $126.950.00 3/22/2005 9:0000 AM Prepared By Propc!rty Acquil¡¡tÎon Spp.ci;¡U~ 2:12.512005 9:36:5D AM Dt:bbit: Arm$irorrg Transportk>n Serv¡ce~ Date TECM-ROW SenÎor Project Manager Date Approved By Allen R. Ruth, P.E. Tran¡;:porlìol'1 SC>fVice5 Tr;cf\$PQrlation EO{llner.ring imd Construction 2l25{2005 11:.49' AM Ke....ìn Hel'1dric.ks Right 01 Way Ac;qlJisitîon Mill1l1ger Dare Approved By Transportior, Services Tr.antipnrt¡dion En9¡r,,~rin¡;¡ and Con:l;!t\I(;tion )/412005 12:33 PM Euge-ne Calvert D,lt€' Approved By Transport,dioos S~rvjcM Prì~'cipQI Project M.anAgB'r 'frafl:lipo.rtatlol'l ElJuineering ¡¡lid GnnstrLlction Management 3f1f2005 2:2,1 PM l.isa Tayior Mtln3lg~'ne"t.lÐudgt!t Ani1tYtit Dale Approved By lrantiportiøn Se;rvice¡; lml1$pt>rt.ution Admlllistrat!OII 3/7120052:50 PM Sharon NeWmatl Accounting SUp~rvism Oate Approved By Tr;¡llsportion Serv!c:es Transportation Admlnistution 317120066:02 PM Approved By Norm E. FedN, AICP Tran5portion Sr!fViCf'5 TranGpOftation Oivi$ion Adrniníslf.,or Date Tran5portali0l1 Ser"ir.r.$ Admin. 3/8120051:41 PM Pat let'lI'\ha'd Exe<.:w1i"e St!cm1i11ry DiI.t~ Approved By Transportation Services Tral1,¡¡pClrtation Services. Adnl¡'" ~'8/2005 1 :56 PM Approved By OMB CoordiMtor County Mannger';OS Olffc~ Admil1i,trati'lO:: Äfsìst.ant Date Office or Managcrrn>I'I1 8. Bl.ldQt!'1 3181200& 4;01 PM Senior Mal'!,tnern!~n~IHlJttgf!t AtJ;lys;t Oab1- Approved By $1.1$,11"1 Usohp.r County MU!"Iilger'f¡ Ofñ~e Oflir;e of Munagemefl1 & Buùgl!t 3/11/20D5 1:48 PM M.al,agement.& Budget Director D;!1e Approved By Mkhael Smykowski County Manager's Office Office of Mana!1emcl"lt & Budget 3:/1412005 \);36 AM County Managcr Date Approved By Jilm!!\s v, Mudd Bo;¡rd or County Commissioners County M;uwgf'r'li Ortice 3r14f200S 10:29 AM Project: #60101 Parcel: 1038 Folio: 00426760005 Pt1ïPt<!H-K e;1Jt- TC £~lècUïlùe SÙMMAAL[ TTe:M l",6.1.. MA-«CHf ~(&.ooS" PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of , 2005, by and between DAVID C. RANDALL, A Single Man, whose mailing address is 11363 Tamiami Trail E. Naples, FL 34113 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described South ~ of the South % of the Northwest % of the Northwest % of Section 17. Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPTING the West 1085 feet thereof. (Folio #004267600(5) (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to PurchaSer for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for Conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00). and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by refèrence as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement 2. OWner shall convey the Property to Purchaser for the sum of $125,875.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, incJuding all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, incJuding all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. .".... *lb'8l Obrth ~ 2ro5 I ,. f- t:.; f . ; Purchase Agreement Page 2 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. The Purchaser obtained Title Commitment No. 44962 towards the future purchase of a title insurance policy on the Property. The Owner and the Purchaser have reviewed Title Commitment No. 44962, with an effective date of 12/27/04, and hereby accept the stated requirements and exceptions to a future title policy. 5. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 6. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchàser by reason or arising out of the breach of :#.tb "Bl rrp.rch 22., 2:05 Purchase Agreement Page 3 Owner's representation under Section 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shaU pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and disbibution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holderfor the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission Of registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the Property by Owner is contingent upon no othef provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. ~-~"---_.._-~._._.,"--.._- ¢ Ibðl tra C"ch ZZ, 2JJJ5 Purchase Agreement Page 4 13. This Agreement is governed ~nd construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of I 2005. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COlliER COUNTY. FLORIDA , Deputy Clerk BY: FRED W. CòYLE. CHAIRMAN AS TO OWNER: DATED: ~·I~ -0 S ~m)~ :)U7l'1{)n{) ~\.~~ Ni~ ~4A. - Witness ( ure) -::D I~ ~NAJ ~Lo&.(.~.e-.. Name (print or Type) G::;~ Approved as to fonn and Jegal sufficiency: ~ V (1/ .Ü.-./ ...£Uen T. Chadwell Assistant County Attorney Agenda Item No. 16B2 March 22, 2005 Page 1 of 7 -- EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel Nos. 119, 719 and 719A required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $201,500.00. OBJECTIVE: To approve a Purchase Agreement for the acquisition of right-of-way and temporary construction easements required for the construction of the six -laning improvements to Collier Boulevard. -- CONSIDERATIONS: The subject property is located at the Northwest comer of the intersection of Collier Boulevard (CR 951) and 5th Avenue NW. Portions of the property, Parcel 119 (0.5406 acre right-of-way, fee simple purchase) and Parcels 719 and 7l9A (0.043 acres for temporary easements) are necessary to construct the roadway, drainage and utility facilities for the six-lane improvements to Collier Boulevard scheduled to commence in the fall of 2005 (see Exhibit "A" attached hereto). The parent tract from which these parcels are being acquired contains 3.07 acres. The improvements located on the parent tract include a horse barn with stables, a dressage rink, a horse exercise rink, fencing, parking area and grazing land for horses. This parcel also currently enjoys direct access from 951 that will change to 5th Avenue NW once the widening is completed. Immediately to the west and contiguous to the parent tract is another 3.07-acre tract that contains the property owner's residence, a guesthouse, another horse exercise rink and more grazing land for horses. There are three separate issues involved in assembling a full compensation package for the property owner: (a) the land value; (b) the value of the improvements located on the land; and (c) the cost to cure the damage to the remainder property due to the taking of the right-of-way and the construction of the ColIier Boulevard improvements. The County's real estate appraiser estimated that as of December 6,2004, the market value of the land alone was $112,500.00 per acre, and increasing at the rate of two percent (2%) per month. Using this rate of appreciation, the value of the land is estimated to be $130,000.00 per acre by 'September 2005, when it is likely that the County's condemnations for this project will occur. Using our appraiser's market value estimate projected to $130,000.00 per acre by September 2005 (proposed time frame of the Order of Taking hearings for the CoIlier Boulevard project), and applying it to the areas for Parcel 119, 719 and 719 A, the land value alone is calculated to be $71,955.02. Improvements located within the area of the 3 parcels were appraised at $35,400.00. In addition to the land value and the value of improvements calculated by the County's real estate appraiser, a cost-to-cure was developed to try to maintain the functionality of the owner's horse fann. .- The current location of the owner's horse fann places the entrance to the stables 120' from ColIier Boulevard's edge of pavement, which is enough distance to provide room for horse M..."'''_''''''....,..,,,.,,.,,<I_,, Agenda Item No. 1682 March 22, 2005 Page 2 of 7 trailers to enter the site from Collier Boulevard and to maneuver the vehicle and park in such a way that does not disturb the activities on the horse fann. After the six-laning of Collier Boulevard, the new edge of pavement will be only 47 feet from the stable (73 feet closer than it is now). In addition, as a part of the construction of the new roadway (and the installation of a right turn lane serving 5th Avenue NW), the owner will lose his direct access to Collier Boulevard. Access to the farm and the stables will be restricted to 5th Avenue just like the adjacent residence property. This will require a new driveway to be constructed from 5th Avenue NW to the stables. This new driveway, in turn, takes up space on the remainder property in such a way as to require the reconfiguration of the dressage rink. The cost of the new driveway and parking area, and dressage reconfiguration, as estimated by the planning expert hired by the County's real estate appraiser, amounted to a total of $49,600.00. The property owner worked with the County's expert in the development of this cost to cure; but is not convinced that our plan alone will completely restore the functionality of his horse farm, because the horses would have to be led out of the existing barn door and then through a parking lot before reaching the exercise or dressage rinks. After careful consideration, the property owner presented the county with an alternative cure that involved opening his barn in the middle to provide an exit for the horses that would avoid the parking lot. This cure would mean that the property owner would lose one stall and would therefore have to add another stall in order to be made whole. Staff discussed this cure with the County's appraiser to detennine the cost involved in adjusting the cure to reflect these additions. The County's appraiser suggested that we could task our planning expert with estimating this cost for a small fee; but our appraiser also said that by simply consulting a construction cost manual such as Marshall & Swift, he could roughly estimate that the new cure would exceed an additional $25,000.00 to achieve. Adding $25,000 to the adjusted land value, and to the value of the improvements being taken, resulted in a new compensation figure of$181,955.00. Previously, the property owner said that he would settle for $200,000.00. At $182,000.00 (rounded) we are very close to the owner's settlement number. In view of the considerations expressed previously regarding the negotiation of a full compensation package for the property owner, and in view of the costs of NOT reaching settlement and proceeding forward with litigation, staff is recommending settlement in the amount of $200,000.00. As the condemning authority is responsible for attorney fees and the cost of expert witnesses, litigation on this parcel would expose the County to additional costs for its own experts, as well as the cost of the owner's real estate appraiser, land planner, engineer, building contractor and equestrian expert, in addition, of course, to the owner's attorney fees. It is also important to note that the owner has raised no claim for incurable damages to the remainder property, a claim which creative experts hired by the owner's attorney, could be expected to manufacture should litigation ensue. The property owner has lived and earned his living at this site for many years, and no one knows better, or feels the affects of this project more, than the property owner. This settlement is considered a win/win situation for both the County and the property owner. - Agenda Item No. 1682 March 22, 2005 Page 3 of 7 FISCAL IMPACT: Total expenses will not exceed $201,500.00 including the purchase price for the land, title insurance, closing services and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-Ianing project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the Purchase and Easement Agreement for Collier Boulevard Project Parcel Nos. 119, 719 and 719A, in the amount of $200,000.00 and authorize its Chainnan to execute same on behalf of the Board; 2. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; 3. Accept delivery of the Warranty Deed and Temporary Construction Easements for the property as provided under the Purchase and Easement Agreement; 4. Authorize staff to close the real estate transaction, and to record said deed and easements in the public records of Collier County, Florida; and 5. Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. - Prepared by Debbie Annstrong, TECM - Right-of-Way Attachment: Exhibit A, Property Descriptions - Item Number Item Summary Meeting Date Agenda Item No. 1682 March 22. 2005 Page 4 of 7 COLLIER COliNTY SOARD OF COUNTY COMMISSIONERS 1662 Recommends.tìon 10 lipprove the purchas-e of Parcel Nos. 119. 719 and 719A required for the construction of the six-Ianing of Comer Boulevard (CR 951) from Golden Gate Boulevard to !mmoka!ee Road. (Project No. 65061. Capita! Improvement Element No. 37), FIsc.a1 Impact. $20'1,500.00 3/22/20059:00:00 AM Prepared By Prop~rty Är:qui!¡i1ion Spec¡¡¡Ii~ 21261200511:09:18 AM Dt':bbit': Armstrong Trs,ns.portion Service'!; Date fECM-ROW Ü3ry Puta3ns.uu Senior Project MSn3ljJer Date Approved By TranBportioo S,e;rvic(!!J rr.mspot!;ttlcl"l f.nginp.r.ring and GDn..tructìon 3f212005 8:042 AM Kcvin Hßndricks Right Of Way Acq\Ji5it¡on Milni\ger D,Ite Approved By Tr<l1lsþQrtion Services Triln¡¡porta.tion EngirlMring and (';ons.lruction 3/41200512:33 PM Eugene Ctllv~rt PrindpÐI Projt!'ct Managltt Date' Approved By T{a"¡;port.a¡¡on~ S-~r\lk:e5 T·t¡H!sþort.ttol'1 clIgiru"erif19 and ConGtruc1,ofl ManAgement 3f1J2005 2:24 PM US4I Tay!or M~n¡j¡g(!In,r.nt.rOudßr.t AnalY1lt Dat., Approved By TnHlllþQrtian Survicel1 TnH1$pl)ft¡tion AtHnirtistration 317'200$ 2:52 PM Sharon NiE!wman Accountfng SUþ1Hvi.sor Oute Approved By Tr,"411sportion ServÎces Transportation Administration 317F200f> 3:46 PM Approved By Norm E. FcdN, AICP Ttiln~portio" SI!rvict':!> Transportation Division AdmìnistrMtof Date Tun!õf)urtJ:lnotJ Serllir.:cs. Admin 31a12005 1 :.42 PM Pm LehnhiJrd Execu1i\le Secretary D3te App roved By Transportation Services TrBn6portation Services Admin 5/5120D5 2:0D PM OMB Coordinator Admillilitr¡¡tì"e A,¡,si&tant Date Approved By County M,Hlflger'\'io OfficI!> Office of Ma.n;¡9~m~nl If, Ðudg~1 3/l\l200& 4:02 PM Approved By S,U."i.1n ihhp.t County M¡¡niilger'ii Offic.e S1!'nior Man,'JgnmentIBlldget An.,IYGt O"tP. Office of Man.:wgemellt & Budget 3!11/20D5 2:15 PM Managernent & Budget Directof Date Approved By Michael SmYKowski County M-IH'!a.ger's Office OffiC4! of ManagamcMt & Budgt't 311412005 9~44 AM County MRnagcr Dat~ Approved By James V. Mudd 8Dilfd pr ~ount'1 Cnmmis./i¡ol"ll!!tlõ Count)' Mi1l1age,r'!I Of'fjçe 3l15/2i10512:12 PM ------------------,------------------- TRACT i GOLDEN GATE ESTATES ~ I UNIT NO, 2 ~ : P,B. 4, PAGE 75 TRACT @ ----- -- ---- 5TH AVE. N.W, L87 Agenda Item No. ¡Marc 22, P ge 682 005 of7 ~ r OJ m ~ o ci ...J « z « ü LB5 '" ~ ~ a::: '0 o .0 m ci Ü z o q N OJ. l> N. :;E" (j) o q N OJ l> N . rr1 10 m ~ ........ ~ tN tN o o q a::: Ü I Lj ----- -- ----- LINE L65 L85 LS6 LS7 LINE TABLE LENGTH 60.00 10,00 75,00 50,00 LEGAL DESCRIPTION A portion of the East 1/2 of Tract 110 together with a portion of the South 75 feet of Tract 109 Golden Gote Estates Unit No.2. Plot Book 4, Page 75-76, of the Public Records of Collier County. Florida. being more particularly described as follows: Beginning ot Southeast corner of Troct 110; thence S.89·31·28"W, along the South line of Tract 110. 0 distance of 60,00 feet; thence N.00·28'32"W., 0 distonce of 330.00 feet to its intersection with the North line of Troct 110; thence N.89·31·28"E. along said North line. 0 distonce of 10.00 feet; thence N.00·28'32"W.. a distance of 75.00 feet to its intersection with the North line of the South 75 feet of Troct 109; thence N.89·3'·2S"E. olong said North line. 0 distance of 50.00 feet to its intersection with the Easterly line of Tract 109; thence S.00·28'32"E. along the Eost line of Tract 109 and Trod 110, a distance of 405.00 feet to the POINT OF BEGINNING. Containing 23.550.00 square feet or 0.5406 acres, more or less, , (DATE SIGNED) NOT VALID WITH01.\r 'tHE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO" 65061 p,,"e£\. NO. , 119 Wil.lfiller··~U.- _.___.I!coIofIIo'_'~-'~~ 1IIIonAaIr. he. ,."../Iot....._._.r_ -......... .---.....-.,.,-. - --- SOl' 17, Z003 - 09:31:50 MWdUREIX,\SUR\N801S\gS1od100.d..g BEARING S89'31'28'W N89'3"2S"E NOU28'32"W N89'31'2S"E NOTES: 1, This is not a survey. 2. Basis of beoring is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida Stote Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Eosements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way, 6, P.O.B. represents Point of Beginning. 7, P ,O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. EXHIBIT ..À... pege....L- of~ + N ~ I o 25 50 100 200 GRAPHIC SCAlE COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO.: nu: NO.' N6015-005-000 2L-812 -, TRAC L__-,-_______________________________ ----------c:l~-~ ¡ I I I I I I I I I I 1 I I I I I I I I I I I I I I I I _ _ _ _ _ _\~' RIGHT-OF-WAY EASEME:J L 142 L138 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 r !: -I'- ~ <D TRACT @ L140 --- 5TH AVE, N,W. - - - - ;-JI -- TRACT @ LEGAL DESCRIPTION A portion of Tract 110 Golden Gate Estates Unit No.2, Plat Book 4. Page 75, Public Records of Collier County, Florida, being more particularly described os follows; Commencing at The Northeast corner of Tract 110; thence S.B9'31'28"W. along the North line of Tract 110, 0 distance of 60.00 feet to the POINT OF BEGINNING; thence S.00·28'32"E., 0 distance of 300.00 feet to its intersection with the North line of the 5th AVE. N.W. right-of-way easement; thence S.89·31'2B"W. along said North line, 0 distance of 5.00 feet; thence N.00·2B'32"W., 0 distance of 300.00 feet to its intersection with the North line of Tract 110; thence N.89·31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1 ,500.00 square feet or 0.0344 acres, more or less. LINE L138 L139 L140 L141 L142 NOTES: I ,...... . ~ q 0:: o o ..- ....... LC') 0'> Ii U I I LINE TABLE LENGTH 60.00 300.00 5.00 300.00 5.00 682 005 of? I II ~ ò Ii ;;i z < u LC') 0'> 0:: U ~ 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida state Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements. reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. £)Jß~ DAVID J. f1%TT, P. . . (FOR THE FIRM) FLORIDA LlC. NO. 5834 EXItBIT -L Peøe..6- 012- P¡ -;¡J -OJ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~- o PROJECT NO.' 55061 PARCEL NO. , 719 WI'.MilleIM'~W- _ .~.__ .......,....IJnácopt_ '~c:onoR* ~hc. .......".,........_=~.",;.,~.::..v..___ 09/200J sO, 22. 2003 - 11'3e:oe MLAMUREx:\suR\HeOIO\G~'odl00.d"1l + 3M 25 ðO 100 GRAPHIC SCALE I 200 COLL/£R COUNTY D£PARTM£NT OF TRANSPORTATION PROJECT NO.: N6075-005-000 SKITCH de D£SCRIPTlON Frl£ NO.: 2L -812 TRACT @ GOLDEN GATE ESTATES UNIT NO. 2 TRACT P.B. 4, PAGE 75 ----------~------------------------------------ --------------~-----,------------ I I I I I I r ~ .>. (J1 --:- 3: q oc '0 o .- ...., Agenda Item No. I Mate 22, h Pge q oc ;;J, z < () 6B2 005 of 7 Ii) Q) ~ 0:; I Q) () LJy L144 TRACT @ LEGAL DESCRIPTION A portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No.2, Plot Book 4. Page 75, of the Public Records of Collier County. Florida, being more particularly described os fallows: LINE L143 L144 L145 Ll46 L147 NOTES: LINE TABLE LENGTH 50.00 5.00 75.00 5.00 75.00 I BEARING 89' 1'28"W 89'31 '28'W NOO'28'32'W N89'31'28"E SOO'28'32"E 1 . This is not 0 survey. 2. Basis 'of bearing is the West line of County Rood 951 (C.R. 951) being N 00'26'32" W. Florida State Plane Coordinates NAD 83/90, East Zone. Commencing at the Southeast corner of Troct 109: thence S.BS·31·28"W. along the South line of Tract 1 09. 0 distance of 50.00 feet to the POINT OF BEGINNING; thence continue S.89·31'28"W. along said line, 0 distance of 5.00 feet; thence N.00·28·32"W.. 0 distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 1 09: thence N.B9·3,'28"E. along said North line, 0 distance of 5.00 feet; thence S.00·28'32"E., 0 distance of 75.00 feet to the POINT OF BEGINNING. Containing 375.00 square feet or 0.0086 acres, more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. g. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXHIBIT ..A. PIIge~ of~ q - J. '-07 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAI$,EQ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORiZATION LB #43 r,,¡- o + N I 25 50 100 GRAPHIC SCAlI I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PROJECT NO" 65061 'ARen. NO. , 719A Wil.Miller··~- --.'~._,....."...~-,-~ ......... nc. _......*......_.::~~~.I::.ø.___ D9/200J Sop 22, 2003 - 11 :38:58 NlJoMUREX:\SUR\N8018\g~, od100.dWj PROJ£CT NO.:. N6015-OO5-ooo SKETCH & DESCR~nON FILf NO.: 2L 812 Agenda Item No. 1683 March 22, 2005 Page 1 of 7 ,- EXECUTIVE SUMMARY Recommendation to approve award of Bid #05-3692, "Traffic Operations Signal Components" to multiple vendors (category basis). OBJECTIVE: To supply the necessary signal components to properly maintain and repair Collier County's traffic signal hardware. CONSIDERATIONS: The Collier County Purchasing Department posted Bid #05- 3692, "Traffic Operations Signal Components," on December 16, 2004. Invitations to bid were solicited from 43 vendors, and five responses were received by the bid opening date of January 5, 2005. The vendors who responded were: Traffic Products, Incorporated; Specialty Lighting Solutions; Temple, Incorporated; Traffic Parts, Incorporated; and Transportation Control Systems. Staff recommends awarding the bid to the lowest, qualified and responsive bidder as shown in the enclosed bid award list. In general, most ofthe recommended awards are on a line item basis. However, in some instances, awards are recommended on the basis of an entire category to ensure that all parts of certain assemblies can be ordered in whole or in part from one source. Attached to this Summary is staff's recommended award of bid items to each responsive bidder. r- FISCAL IMP ACT: Funds for annual signal maintenance and repair have been budgeted in the amount of $194,300 for Fiscal Year 04/05 in the Traffic Operations Operating Fund (101). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #05- 3692, "Traffic Operations Signal Components" to Traffic Products, Incorporated; Specialty Lighting Solutions; Temple, Incorporated; Traffic Parts, Incorporated; and Transportation Control Systems. PREPARED BY: Sheila Convery, Senior Administrative Assistant Attachments: Bid Tabulation, #05-3692 Staff's Recommended Bid Award ,.-... Agenrla Item No. 1683 March 22. 2005 Page 2 017 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,:....-. Meeting Date 1683 Rt!cornmendat.ion 1o approve award of Bid #05-3692. °Tn:¡ffic Operations Signal ComJ]l]nen1~' l{ IT1ullír1e verìuorS !,catP.gor)' basi$) 3/22/20059:00:00 AM Item Number hem summary Date Prepared By Sihdla COl1vr.ry Tr"ffic Sign¡¡J Ter.hnjei,lf\ 3/Ji2005 4;.16;31 PM TransþorUofl Ser\rice$ Traffic OperaHoflst ATM Approved By scott JollII.501'1 Purchasing Agent D~te Admloistraliyr. Scrvk"t$ Purc;huing 3I7I';2D0511;O~ AM Approved By Snar('\n N~man Accollnting S.upcfvi$or O;JC! lralltôportiol1 Scrvict~t; Tr;II11i:!ortation Adnlini3tr;ltiol\ ~17I2005 4:39 PM Approved By Rabt:rt W. Tiþton, P.~. C()unty Traffic Ope-nrtiol'1$ Et1glnttt!-r Dato!: Tr¡¡¡n¡;p!'>r1ion Services TrOlffÎc Op~ratiC\n5: ATM 3fÏf2005 5:05 PM Approved By Norm E, Feder, AIC? Traoi<port:iltìon Oivi¡;ìon Administrator Data T 1;lI'ISpOlt\on ServIces. Tlan$þm1ation 5C!r'1/it.:eti Admin. 3JBi2005 9:58 AM Approved By Steve C;lrn~1I PUrl:hu¡ngIGetU~tu\ Svc~ Director DdE! Admi¡,¡.trstive 5C!rvic:e' Purcha$ing 3i6120U5 3:U8 PM Approved By Pat Lehnlurd EKecutÏ'Je Secret¡uy Date Tr.lrJ":H::..rt41tlon Services; Tr"n5port.1t!öO 5erviceli ,A.dmin J/9t2MS 10:53 AM Approved By OMS Cl')orrUn.illol Ad",ìni.fitt;¡U\l1~ Auislnnt Dam County Man;!lger" Office Office o.r M.H1agernen1 & Budget 3[11120059;36 AM Approved By Mark lucl(¡;on Budget Analyst D¡¡te County M"n.ager'!; Office Office of M,mag(!ml?r1t & BUdget 3i11/2005 5:3~PM Approved By Michael 5mykow5ki M:magcment & Bu.dget Director Date CounW Matl4lger'.! Qffke Office of Managen1ent & Budget ~141.:WOS 6:31 AM Approved By JanH~$ V Mudd County M:magt!r Date Board of County COITH1liasinners. Gaunty Manager's Office 3{15f;t00511:51 AM .__c,~__· Project Title: Traffic Opendìons Sìgøal Com [Wnents Tabulatìon for Did: Hid No. 05-3692 Project Mgr: Rllndy Ensell--Notices Sent 43 Agenda Item No. 16B3 March 22. 2005 Page 3 of 7 Onenìnø Date: ,Januarv 5 2005 PosOn.. Dille' 12/16/04 - I>t:SCRJI'TION Tl1Iffic Products, Inc. Speciality Lighting Temple, Inc. Traffic Parts, Inc. TransportaTion Control Syslems Solutions cera 113000 see bid no Ollo!e $ 7 7Û 00 no auote see bid ccro 1/3002 :$ 8810.00 noouole $ 8,225.00 no ouote no 0 uOIe cera li3004 :$ !,ns.oo no ('uote $ J54.oo no (luoTe no o~~__ CC1'O i:3006 $ 129.00 no <luote $ 84.00 $ 83.75 $ ?5.00 cera #3ool!._ see bid no ouote :$ 87.00 $ 105.00 $ 120.00 cem ¡BOlO no "uote nomlole $ 25.00 no ouote see hid CCT0113012 see bid no ouote no ouoce no QUote $ 98.(J{) CCTO#3014 no ouote no ouote S 3.820.00 no ouote no oUOle CCTO #3016 b. Eal!.le EPAe3108M4! TS2 1'vne 1 no ouote no ouote .$ 2. J 88.00 no Quote no Quote Econolite ASE/2S-2Joo1'S2 Tvne ] $ 1,820,00 no "uote no ouote noouote no (fuote Peek 3000 TS(á) Tvoe I Model 3 J OOE no 'lUote no ouote /10 Quote n{) Quote .$ 75.00 eC1'O #3017 n{) (luote no ouote .$ 995,00 no ouote no ouotc CCTO #30 J 8 no Quote no ouote no Quote no Quote no mwte CeTa #3020 see bid no ouote .$ 544,00 :$ 625.00 .$ ó50.,. (,(,TO /13024 "'.. b. ED] MMU·168 Œconolite) S 736.00 no ouote .$ 563,00 :$ ï50.00 110 ouote PEEK TS2-MMU"Double Diamond" no OllOte no ouote no clUote 110 (/Uote .$ 900.00 NAZTEC MMU-516 no OUOte no Ouo!e /10 oUOle no Ouote miouot" CC1'O 113026 Surge P.!.2.t,eetor .$ 42.00 no Quote :$ 32.00 see bid .$ .19.00 Base $ 12.00 no Quote .$ 19.00 soo bid .$ 9.00 ccro 113028 see bid no ouote .$ 20.00 .$ 19,75 .$ 20.00 CCTO #31130 see bid no auote .$ 19.<KI .$ 19.75 .$ 21.00 cem 3032 .. no nuate no Quote no <:Iuote $ 37.45 no ouote CCî'O #3034 .$ 24.00 no ouate no {lUote .$ 33.00 .$ 34,00 ('CTO li3036 no auote noounte no auote d. EeonoUte PS-24 ¡ 2 .$ 340.00 no uuote no ollote 110 "uote no Quote Ea~e CPSlO2 no Quote no ouote .$ 250.00 no <:Iuote no (luote NAZTEC 500098-2000 no ouote no OUOCe no <loote no aUGle no "uote ccro #3037 $ 47.00 no quote $ 32.00 see bid $ 39.00 ccro #3038 b. Ea1!le 811J200 no "flote no Quote $ 257.00 no Cluote no ouote EconoliteßlU-64 .$ 157,00 no ClUote no (Juote no ouote no Q!Iote PEEK Blmoo 110 Quote flO Quote no ouote no auote $ 250.00 cera #3039 $ 33.25 no "uote $ 28.00 $ 43.35 :$ 30,00 Traffic Ops. Components Page 1 of 4 Bid No. 02-3394 CCTO 1/3040 no Quote no Quote $ 73.00 no Quote ge~e~da"::'~h"~' ?~;ñ~ CCTO 3042 Paae4 of 7 t: Eagle Shma! & GEl.l)<Jfe LED 110 Quote no (luote see bid no Q\lote see bid 2. Eal!]e Part NO. BPA503ANL APL#65913320003013 no (1IIote 110 Quote see bid no (¡lIote no Quote CCTO #3044 fEa!!.!e S¡onal & GELcore LED no Quote no Quote see bid no tloote see bid ". EII1!le Part No ßPA503ANLAPL:li65913320003013 no QIlIII" no ooote see bid no Quote no Quote cero #3046 f. EII!!.le SÌI>nal & GELcore LED no Quat¡: 110 ouote see bid 110 Quote see bid !!.. Ea!!]e Part NO. BPA503ANL AI'L #65913320003013 nO'JUote no onote see bid 110 quote no Quote CCTO 113048 -.-- f. Eaele SÌI!1181 & GELcorc LED no ouote no ,mote see bid no auote see bid J!.. Eal!le Parr NOBPA503ANL. AI'L#65913320003013 n() Quote 110 quote see bid I1!JQuote nt) auote cero #3052 f. General Electric no Quote no Quote $ 610.00 110 tluote see bid 12. Baciffilate Part No BJ'A505ANCLA no QUOle no ollote $ 75.00 no Ollote no ouote CCTO 3054 - f Genera! Electric no Quote 110 (mote $ 678.00 no ollOle see bid II/.. Backolate Part No IWA50ANL5 noullote no Qllote $ 75.00 no QUote no u\Jote CCTa #3056 c. Color: Red DR6-RTFß·20A-40 see bid no 'IUOtc $ 49.00 no Quote $ 59.00 .- Yellow )R6· YTFB·20A-40FL see bid no (1lIolc $ 62,00 no ollOle $ 73.00 Greeo DR6·GfFB-20A-40 gec bid no ounte $ 10 1.00 no ouote :I> 119.00 cero #3058 c. Color: Red DR6-RTAAN-21A see bid no auote $ 60.00 no (ßIOtc $ 56.00 Ycllow DR6·YTAAN-21A see bid no (lUote $ 57.00 00 ouote $ - 60.00 Green DR6·(taan·21 A see bid noollote $ 62.()(J no Quote $ 81.00 DESCRIPTION CeTa #3060 see bid no Quote no Quote $ 4.50 see bid CCTO #3062 see bid no Qllote no Ullote $ 4.50 see bid CCTO #3066 no uuote see bid no ouote see bid no Quote CCTO #3067 no ouote see bid no ollote :;eebîd no auote CCTO #3068 no auote no Quote no uuote see bid - no (lUole cero #3069 1\0 LIllOte see bid 110 Quote see bid no Dllote cero #3070 $ 65.00 no ouote $ 69.00 no quote I\> 59.50 CeTO #3072 $ 35.00 no auote $ 40.00 no (Juote :¡; 28.00 cero 113073 see hid no Quote no Quote 1111 QUote see bid CCTO 113076 $ 158.00 no auote $ J88.(JO no ouote see bid eCTO #3080 see bid no otlOte see·bid no Quote .~eebi(1 CCTO #3082 see bid no Quole .$ 116.00 no (JUote set bid CCTO #3086 __ JðC bid no ouote $ 103.00 ..n0 Quote see bid CCTO #3088 $ 118.00 no OIlOte $ 126.00 no Quote see bid cem #3090 see bid no ouote $ 37.00 110 Quote $ 26.00 cera 113094 see bid 110 Quote $ 17.00 no Quote $ 10.00 CCTO 1130102a $ :1 853.00 1\0 ouote no 'JUote 110 Quot" no Quote A d It N 1 'B3 Traffic Ops. Componenls Page 2 of 4 Bid No. 02-3394 · ^ ItQ~ """~ CCTO #301021> no onate nó QUotM"'rch 22. 2005 Beonolite MYP forizontal Bracket $ 105.00 no ouote no Qoote no Clnote no ouote Page ,5 of 7 Econolite MV? Vertical Bracket $ 102.00 no (mote 110 ouote 110 ouote no QUotc CCTO #30102e no auote no ouote b. Econolite Solo Pro 6(J ft cable $ 176.00 no ouote no auole no ouotc nOU1Jote d. Econolite Solo Pro 100 It cable $ 229,00 no (Ilmte no ouote no ouote no ouote CCTO#30102d , b. Ewnolite Solo Pro CII'I 1> 620.00 no Quote no ouole no Quote no qUOte d. Econolüe Solo Pro CII'4 $ 1,150.00 no ouote no (Inote 110 Quote no ouole CeTO #30102e 1> 625.00 no Quote no QUote no Quote no (male cera #4002 see bid no ouote $ 30.00 ~ec bid $ 29.00 CeTO #4006 ~ee bid no ouote $ 5.00 see bid $ 4.00 CCTO #4008 no ouote no auote 1> 238.00 no ouote $ 242.00 CCTO 114010 no ouole nn auote $ 148.00 no ouote $ 13\H)() CCTO 1/401 I no Quale no ouote $ 362.00 no ouote S 377.00 CCTO 114012 see bid no ouote S 30.00 no Quote :$ 28()( CCTO #4014 see bid no auote $ 80.00 no auore see bid cera #4016 see bid no Quale S 88.00 no auote :$ 85.00 eeTO #4026 ---~~ no ouote no ouote no ouote uo ouote no (Hlote CCTO #4028 no uuote. no uuote no Quote no Quote no auote - cC'ro !l403{) no auote no auote no ouote no auole no ouote CCTO 114032 no auote no auot" II{) auote no uuote noo{l{lte ---"- ccm #4036 no ouote uo 1I1I0!" no lIuote no ouote no {JUole CCTO #5102 no Quote lIoouote no Quote $ 15.50 no Quote CCTO#5104 see bid no auote no quote :$ 22.00 no 0 uote cera 116000 consists of the fol1owing; :$ 140.20 no Quote no Quote no OIlOle see bid 1 I. Snan Wire Clarno. Iron will-Bolts - 2. Extcuder Connector Hau!!er Aluminum IO Hole }. Adiustable Tri-Stud Hanger Bodv Aluminum, IO-Ho!c 4. Cast Sign Mount AJumimnfl 16"CTC 5. Tn-Stud Hardware Kit Stainless SteeL 5116" 6. Double Cast SÍlm Mount aluminum, 16" ere 7. Bolt ¡Icx Hd. Stainless Steel, 3/8"-t6x I" -.¥.- .---- 8. Lockwasber SDlit, Stainlcs~ Sleel 5/16" 9. Nul Hex, Stainless Steel, 5116"-18 10. Telher Plate Aluminum 2-lIo]e II. Bolt Hex nD. Stainless Steel, 5i16"-18x2" 12. Stabilizer Bar. 2"x6", 2 lIole 13. 6ft. Hamler Extension (Aluminum) CCTO #6001 24/1 8 see bid no Quote see bid no Quote see bid 30/24 see bid no Quote see bid no auore see bhJ ¡-....36/3O ~. see bid ..!!Q.!ll!0te see bid no Quote SIX; bid (See Bid) (See Bidl (See nid) (&e Bid) (See Bid)' TraffIC Ops. Components Page 3 of 4 Bid No. 02-3394 -, Agenda Item No, 16B3 March 22, 2005 Page 6 of 7 /'7 Prompt Payment Terms: Net 30 Davs Net 30 Davs Net 30 Davs Net 30 Davs Net 30 Davs f/ A O)enine: Ae:ent: I ÁT/ -/ Scott Johnson /AnrTl ZVI ~ "" f V' - 'ilness: í'\ r ) I i" Janict VemÜllion l j(1/}' III l} 'j { Jf/A N'\A A V t/ J lr>J II -- Traffic Ops Components Page 4 of 4 Bìd No 02-3394 A Agenda Item No. 1683 March 22, 2005 Recommended Award of Bid #05-3692, "Traffic Operations Signal Components" Page 7 of 7 Traffic Products, Incorporated Econolite Type 1 controller (CerO 3016b); Flash Transfer Relay (CerO 3034); 152 cabinet power supply (CerO 3036d); 152 Bus Interface Unit (cero 3038b); video detection unit (cero 30102a); MVP horizontal bracket & MVP vertical bracket (OCT030102b); Solo Pro 6O-ft cable & 100-ft cable (CerO 30102c); Solo Pro QP1 & QP4 (cero 30102d); detector port master (cero 30102e) Speåalty Lighting Solutions Signal Lamp (CerO 3066); Ped Lamp, 68 W (Cer03067) Temple, Inc. Controller Cabinet, 15-2 Type 1 (CerO 3002); 1'5-2 cabinet detector rack (CerO 3004); l-O\annel loop detector w/ delay/extend (CerO 3008); 1"5-2 Type 1 controller, SCOOT (cero 3014); Eagle EPAC 3018M41 T5-2 Type 1 (CerO 3016b); repeater (cero 3017); conflict monitor (CerO 3020); ED! MMU (CerO 3024b); load switch (CerO 3028); flasher (CerO 3030); Eagle TS-2 power supply (CerO 3036d); AC surge protector (CerO 3037); Eagle BIU (cero 3038); AC power line filter (CerO 3039); 3 section vertical signal, LED + backplate (cero 3042f, g); 3 section horizontal signal, LED + backplate (CerO 3044f, g); 3 section vertical signal, red arrow LED + backplate (CerO 3046f, g); 3 section horizontal signal, red arrow LED + backplate (cero 3048f, g); 5 section horizontal signal, green & yellow arrow LED + backplate (cero 3052f, g); 5 section vertical signal, green & yellow arrow LED + backplate (CerO 3054f, g); sold lens kit, LED, red, yellow & green (CerO 3056c); arrow lens kit, LED, red, yellow & green (CerO 3058c); countdown ped signal, LED (CerO 4011) Traffic Parts, Inc. cabinet lightning arrester (CerO 3032); dosure assemblies (CerO 3060, 3062); ped lamps, 90W (CerO 3068, 3069); box fan (CerO 5102); thermostat (CerO 5104) Transportation Control Systems Controller Cabinet, Type 5 (CerO 3000); 1-channelloop detector (OCTO 3006); loop detector harness assembly (CerO 3010); 2-channelloop detector w/ delay + extend (CCTO 3012); Peek 15- 2 MMU (CerO 3024b); Surge Protector & base (CCTO 3026); Peek BIU (CerO 3038); 1 section traffic signal - flasher (CerO 3040); disconnect hanger (OCTO 3070); hanger assembly (OCTO 3072); signal mounts (CerO 3073, 3076, 3080, 3082, 3086, 3088); bracket assembly (CerO 3090, 3094); ped push-button (CerO 4002); push-button saddle (CerO 4006); ped signal, LED (CerO 4008); ped signal, incandescent (CerO 4010); ped signal post top (CerO 4012); ped detector pole (CerO 4014); ped transformer base (Cero 4016); span wire clamp + extender connector hanger (CerO 6000); sign mount bracket assemblies - 24/18, 30/24, 36/30 (cero 6001) Prepared for Purchasing Department February 24, 2005 Agenda Item No. 1684 March 22, 2005 Page1of10 ,-.. EXECUTfVESUNrndARY Recommendation to approve two (2) Adopt-A-Road Program Agreements at no cost. Sign age will come from existing inventory. OBJECTIVE: To approve for execution by the Board of County Commissioners, two (2) Adopt-A-Road Agreements signed by the participating volunteer groups. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors ofthe particular segments of roadway named in the Agreements to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: There is no cost associated with these Agreements. Signage will come from existing inventory. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups; Golden Gate Realty & Development, Inc. and Crystal Lake R.V. Park as sponsors of the listed roadways and further that the Chairman be authorized to execute each agreement on behalf of Collier County. r-- Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Department ~ .-,_..~_........-....," Agenda Item No. 1684 March 22. 2005 Page 2. of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item summary 1684 Meeting Date ReCcHl\lntmùation to approve two (2) Ad()Jt-A-Roal1 Agrecrr1l!f1t far IlIe following. Golden G.alc Realty & D~lfotopment, Inc. find Cry:'itlJ.1 Lake RV. Park.. 3/2212005 9:00:00 AM Approved By Sh"rOT"l N~wmall Acco~tnting supervisor Date lrall!;portiol\ Servi..:et: Tratl~portatiun Adm\ni!¡tration 317120U5 4:49 PM Approved By Jeff Klat:.d!ow Alisistunt County Artorll~1' Oute County Attar>1oy County Attorney Office 3ffl.'2:005 9:09 AM Approved By Rookrnin rJauth Acc.ounting T (!-Clmidal1 Da.te Tran5portioil 5~tV¡cet; Transportation Admini¡;trtrtlort 3/ß/2005 9:13 AM Approved By Jonn Vlie! RØ.1d& Maitll(':na.nCf: 51lfJeriotend¡lnt Dale Tran~port¡(n Services Hoad Maint~nßnce 3i6/2005 4:03 PM Approved By Norm E. Feder, AICP TransPQrtation Divisiun Admi,Üstrator Dat~ Tr;¡(~pOr1ion Scntlçes lr;lflfiportation SetVir-~!t Admin. 3/10/20051i:H AM Approved By Pal Lf~hnh.(d [x~(:utiv!t Secrat;uy Dote. frans.pOlhhDn S~""¡lce!> ·frltns.pDlh.tion S~r\I!ce!i AdlTl~n 3!10i2005 1:48 PM Approved By OMS Coordinata( A<JrrÜnistrative A~sl!ito1lnt Date Coonly Managcr·s Office! Offic.£! vt Management & Budg:!!t 3.'11120051 O:{)::! AM Approved By Mark Isack/H)'" Bodg/!'t An¡¡¡yst Dat(! CoUrtty Managl!'r'¡¡. Unlt'l!' Office ,,1 Mo!Inagcmcnt & Bud{Jet 3113/2UOS 10:25 AM Approved By Michael SYfty~ow!lki MalHlgel"Tlent & Budgd DIrector DatI!: CDlwty MatHlger·,; Dffice Office ot Management & Budgel 3./14/20059:41:1 AM Approved By James V. Mudd County Manager Date ßa<u¡ 01 CO\!f1W Commíss.ioners Cf)\Jnty Manager's Office 3/14120057:50 PM - Agenda Item No. 1684 March 22, 2005 Page 3 of 10 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions TIllS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this i1:!f. day of FA6 (¿11M- Y , 20~ by and between Collier County (hereinafter the "COUNT)"'), and the , volunteer group, Crystal Lake R. V. Park (hereinafter the "GROUP"), whose address is 14960 Collier Blvd. #2024, Naples, Florida 34119. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and en:td this-Agreement to permit the GROUP to-contribute toward·the-effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Collier Blvd (CR 951) from Immokalee Road to one mile south (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be . responsible enough to safely participate in titter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold hannless agreement provided by the COUNTY, and attend a Agenda Item No. 1684 March 22, 2005 Page 4 of 10 - safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park aU vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. .- 2 Agenda Item No. 1684 March 22, 2005 Page 5 of 10 B. THE COUNTY SHALL: I . Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter; c. TERM OF AGREEMENT: 1bis is a month-to-month, at-will agreement:, tenninable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may tenninate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the tennination of this Agreement by either party, the GROUP will immediately return all C01Dlty-owned materials to the County project coordinator. D. BOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person perfonning litter removal as part of the GROUP during the performance of the Agreement:, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject:, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 1684 March 22, 2005 Page 6 of 10 - E. NO ASSIGNMENT: This Agreement is non-1ranSferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. .~---- - - -. --.-'- .-.-- --- .--.--- IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATfEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA - By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN GROUP CRYSTAL LAKE R. V. PARK By: ~ e ¿2jtf Name(print): ad w~,oI '- ø q Title (print): Pit ~ sid 12 .# r Phone # (day): ¡¿3 f/~ 'ð 53,,~zJ ~ Phone # (night): ~A-n14 fonn and legal sufficiency: ¡- 4 · Agenda Item No. 1684 March 22, 2005 Page 7 of 10 .. COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into thisd I day of ?~ ~ \.)~f.' 20Ji, by and between Collier County (hereinafter the "COUNTY''), and the volunteer gII up, Golden Gate Realty & Development, Inc. (hereinafter the "GROUP"), whose address is 12435 Collier Blvd #106, Naples Florida 34116 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Golden Gate Parkway from Santa Barbara to Collier Blvd (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perfonn litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Unifonn Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 16B4 March 22, 2005 Page 8 of 10 - safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will binder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the nwnber of people involved, nwnber of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 1684 March 22, 2005 Page 9 of 10 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter fium the Adopted Roadways only under unusual circumstance~ i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free oflitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 í 1- . Agenda Item No. 1684 March 22, 2005 Page 10 of 10 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: 1bis Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties. either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairman Deputy Clerk QUP ~EN GATE REALTY & \ ~~. OPMENT, INC. B .' ~,~. \ ,'K."":' y. ~~ ' Name(print): V ¡:¡~, G ç \ '- \~..,). Title (print): ~('_i)I.(".. Phone # (day): L¡ ~ <. i.>->:;, Phone # (night): II ~,~ ] :>-~/.> and legal sufficiency: .- 4 _"__~__,_"""__",,_,,,,,,",_._._.,m"_'__'__~^__~"''''______m [ Agenda Item No. 1685 March 22, 2005 Page 1 of 32 EXECUTIVE SUMMARY Reeoimnendation to Approve Amendment No.3 to extend the time ·and the amount of the Contract for Professional Services Agreement by PBS&J, Ine., for the Goodlette-Frank Road Improvement Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. Fiscal Impact $152,197 .00 OBJECTIVE: To receive Board approval of Amendment No.3. CONSIDERATION: On September 24, 2002, the Board approved tbe Professional Services Agreement with PBS&J, Inc. for the CEI services of Goodlette-Frank Road, County Project No. 60134, which includes daily inspections, project management and related field office expenses. Amendment No. 3 extends the time to April 30, 2005 and increases the amount in that agreement by $152,197.00. This time extension and additional funds will compensate the CEl (PBS&J) for the added time· for inspections, project management, and field office expenses, which were incU1l'ed when time was added to the construction project. Schedule project completion is March 28, 2005, with additional days still pending. FISCAL IMPACT: Funds ¡nthe amount of $152,197.00 are available in impact fees and gas taxes. Source of funds are impact fees and gas taxes. ~ GROWTH MANAGEMENT IMPACT: This Project is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this request for Amendment No.3, and authorize the Chainnanto sign the Amendment. Prepared by John R. Conti, Project Manager .~ ,- Item Number Item Summary Meeting Dllte Agenda Item No. 1685 March 22. 2005 Page? of 32 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1685 RecommerHlafjrm to approve Amf~l1dment No.3 to extend the time tIf"Id amount cftl1e Contract (or ProfessiQnAI Services Agreement by PSS&J, Inc., for the Goodiette-Frank Road Improvement PFoject. from Pine Ridge RO;:id 10 Vand~rbin Beach Road. Proe-ct ND. 60134- (Fiscal imp<1Ç $152,19"1.00) 3/22/20D5 9:00:DO AM .Job I! R. conti Fidd Enninr.:rmtln In$-pcctof ;)17/1005 fI'1D'.ñl\ AM Prepøred By Tt3nsportion Sl!:rvict!s Date 1 r¡¡!\¡;po;¡rt...tion Engm\!'efÌng alld COI\>ôtru~~t~QI1 Panlel¡¡ J. Lullch p()J~ct f\.bllagt¡r D.d(!' Approved By Tran5portion S~r",jcp':s Traffic Üµeration¡;.í AHA ~i6120(JS 3:19 PM Lisa Taylor Managemt!ntiBudget Analyst Dat~ Approved By Tra"spor!¡I:'In Sf':r\lir.eii Tr,¡<1s-þørlatian Arlmioi..tr'ktion 31912005 9:!i:\ AM A<:coun1ing Supervi1Hu Oat~ Approved By Sharon NC!wman Transpor1iol1 S1!Irvic!!s TranspoJtation Admini1íltr¡¡tfQ!1 319120052:11 PM Eugene Cajvert Principal Project Manager Dilte Approved By Transpor1atioru¡ S<?rviC~5 Tr<m1ipC>rtt!.tjDn Enginerri!lg -"net Con!itructidn Management 3/9120052:27 PM Approved By Contra.ct Specialist Date Rhond3 Rembert Admini$¡U.ltÎvlt S~rvit;(?$ Purc1¡asiJ\9 3/9/2005 2~33 PM PUrdH)$il1g:}Gr.n~ra~ S'JJ:~ mrc-clm Dllte Approved By StE~\Je CnrneH Ät.lmiI11!iÜiJtivt! SI~r\'I(:~~ PUI(:hJls¡"9 3/9120054:51:1 PM ~ Norm E_ F~der, AIGP Trðlu>port¡,ltion Dj\Ú!ÙU!1 Adlnini8tratm D:de Approved By THìnGportioo S~fV¡CM TrMflpoT131;on SN"ic(!$ Admin 3,1'13/2006 2:46 PM Pat lehnh.ud E ;«!:t";uti'lli' Sccre1.:uy Dat(l Approved By "talHlportuUOfl Servk:lts rr(ll)Jpl)rta1km $etvi.:.'*a Admin 3/1012U05 2;54 f'M OMS Coordi1'\iJtol Adrnmì;tr(lt¡\I~ A!I~¡s.t¡:¡nt Oal* Approved By County Manager's Officf'. Office of M3113gen,ent 8. Budgt't 3.111120059::1'1 AM SU5!¡1 Usht"~ Senior Management/Budgel Ana!ys.t Date Approved By Counly Mana!l(!'r'~ Qffir-t¡ Offiet! 01 M¡¡nagfHI'e'nt 8. BIJl10f!t 3i14l2005 8:44 AM Mit:hm~1 5myho\'<skl ManagtHlH!J\t 3. Budgflt Dir~t:1ot [).:lie Approved By Coun1y Manager's Offj,;e OffiCE' of Managelnent... Budgel 3115/20U6 12:35 PM James V, Mudd Coun1y Manage!' Date Approved By 8r>.1rd or COUl'll')' Commissioners County ManagN'a OfficI? 3115'2005 ;.::19 PM ~ .---.....----..---.-".... Agenda Item No. 1685 March 22, 2005 Page 3 of 32 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: CEI for Goodlette-Frank Road PROJECT #: 60134 BID/RFP #: 003184 PO #: 4500002331 MOD #: 3 AMOUNT OF THIS CHANGE $ 152.197.00 Work Order #: PBS-FT-02-01 CONTRACT AMOUNT: ORIGINAL $ 1.265.384.22 CURRENT $ 1.488.736.22 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 1.336.539.22 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval January 28. 2003 Agenda Item # 16 B 6 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 223.352.00 Percentage of the change over/under current contract amount 11.4 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bee 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 2.2004 CURRENT: April 30. 2005 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. The addition of time and money are to pa' for the continuing inspection services and field office expenses for the Goodlette-Frank Road project . JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The Road project is exceedina the oriainal time frame set for its construction due to unforeseen conflicts and additional work requested by the County. This then reauires that the time for insoectionservices andfiekloffice expenses also be extended. PARTIES CONTACTED REGARDING THE CHANGE: Tom Deer and Dennis Day (PBS&J): Lvnn Thorpe TE&CM. 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: This form is to be signed and dated. Februarv 9. 2005 -:]/1 /6 / I Revised 12/23/04 J Agenda Item No. 1685 March 22, 2005 Page 4 of 32 .- WORK ORDER #PBS-FT -02·01·A3 (Professional Construction Eng. Insp.) CEl Major Contract Dated May 8,2001 (Bid # 00-3184) This Work Order is for CEI services for work known as Project: Goodlette-Frank Road Proiect #60134 Reason for Project: To perform full time ConstrUCtion, EnlIÍneeringand Inspection Services for the Road Prolect. The work is specified in the proposals dated February 22, 2005. which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PBS..FT -01.·01.A3 is assigned to: PBS&J Construction services. Inc. ScoDe of Work: Provide Fun time Construction. Engineering and Inspection Services for the County in order to complete the road construction for the Goodlette-Frank Road Project. See the attached proposal. Schedule of Work: Complete the work by April 30. 2005. ComDensation: The County will Cotnpensate the Firm in accordance with the negötiated not-to-exceed sum amount of $152,197.00, as provided in the attached proposal. Original Work Order Amount: $1,265,384.22 Previous Amendment Amounts: $71.155.00 Amendment Amount: $152.197.00 Revised Agreement Amount: $ 1,488,736.22 , .,"-" ..----..-.------------ .'-<'-'_~--'~--~--_'~-_'~'" . N"'_·-"'~'_"~__'NN""""""~_,_~..~ Agenda Item No. 1685 I. March 22, 2005 . Page 5 of 32 Consultant's EmDlovee Hourlv Rate Schedule ~ Hour" Rate Senior Project Engineer Project EngineerlManager Office Engineer Senior Inspector Inspector Secretary $108.00lhr $92.OOIhr $77.OOIhr $67.00lhr $51.00Ihr $47.001hr I .;"....,-~-'-,>+.---. __.u___'______~._.____.,",.__..._'" _ >".......... Preiect Schedule Task 1. Management Enl!iveerin2 Services: · Construction coordination · Complete record keeping of all activities and events · Document all significant changes to the project · Contract, plan, and specification interpretation · Dispute resolution solutions (contractor and the public) · Maintain required level of surveillance of contractors activities · Prepare and document monthly and final pay quantities Task 2. IUSDeetor Services: · Maintenance of traffic inspection services · Erosion, sedimentation and pollution control inspection services · Drainage, Roadway and Bridge inspection services · Signalization and Lighting inspection services · Signing and pavement marlcing plan conformance inspection services · Utility inspection personnel provided per C.C.P.U.E requirements ,...-... Task 3. Testin, Services: · Field sampling and material teSting · Maintain required level of density reports on all applicable materials · Provide Quality control services ona11 construction activities Task 4. Survey Services: · Bench mark verification · Cross-section verification · Spot check contractor lay-out as needed · Reference and reset certified corner records Task 5. Exoenses · Rent · Electric · Cleaning · Phone · Copier ,- Agenda Item No. 1685 March 22, 2005 Page 6 of 32 90 Days 90 Days As Needed As Needed 90Davs ---.-.--...-- w.^'...._"m->......~_...".·..·_·,__· ........ Agenda Item No. 1685 I March 22, 2005 Page 7 of 32 Schedule of fees for Basic Services Task 1. Manal!ement Eneineerin2 Services: $47.174 · Construction coordination · Complete record keeping of all acti vities and events · Document all significant changes to the project · Contract, plan, and specification interpretation · Dispute resolution solutions (contractor and the public) · Maintain required level of surveiIlance of contractors activities · Prepare and document monthly pay requests Task 2. Insoector Services: $94.545 · Maintenance of traffic inspection services · Erosion, sedimentation and pollution control inspection services · Drainage, Roadway and Bridge inspection services · Signalîzation and Lighting inspection services · Signing and pavement marking plan confonnance inspection services · Utility inspection personnel provided per C.C.P.U.E requirements Task 3. Testin2 Services: $808 · Field sampling and material testing · Maintain required level of density reports on all app1icable materia]s · Provide Quality control services on all construction activities Task 4. Survey Services: 51000 · Bench mark verification · Cross-section verification · Spot check contractor lay-out as needed · Reference and reset certified comer records Task 5. Monthly EstilD8ted. .Expenses · Rent · Electric · Cleaning · Phone · Copier 58670 $2100 $200 $240 $250 $100 Tota] for Tasks 1 through 5 $152,197.00 * * Due to the nature of a large construction project, while tlu! total dollar amount might remain tlu! same, there may be some fluctuation in the task categories calculations. ~''''''~·~···¥'~··~·'~'''_V^.^~,.,,_~_ '^~__'^.~~._..._ I - March 22, 2005 Page 8 of 32 CEI CONSULTANT ESTIMATED STAFFING co.....ttam Nam« c.......ttam Aldr-: PrOeot M........, TMphoMNu-: 0.,,: PBS,", C_notion 1119 Tr.deC._ W.!,. SUite 10 Tom Deer. P.I!. (2311)514-7275 F..: (238)514-3881 1131120œ Pma.ct ....m.· Ooc..I......,....uc RoacI ~ o.a!ptlon' RoodWid.ninaNliitieo PMIrJ t:ðn&buctlon 2006 TOIoIo Tl;Itat ",""""""1,,",,",,,,",_ In In r'å! Már An, Months MlIN1(jJt8 ....-.~ 01 0' 01 03 !óO fT"'.1E 0,1) (Hi O~ ,. ~4e. ~f.fiti"'1It M 05 05 1.5 24& &_~IJGØ> ... 10 'f) 'S __'M ..~............ßr!.!. -- '.0 1.0 00 20 - -..... ' 0 10 1.0 '.0 ; ... 00 mTAl5 IN MAN MONTHS 4,60 410 3.10 119 1947 1 2 3 ~~~~~!,W I16tfing -,- ----,- j !..w.ofTI(Il\!h =$-1;!.5 hcOm - -- E..'.....,! AoI__ea.. P.....""'I ClUßC8I""'. ~_I.rvI.... MWìt.\OUt$ Rot. Cool C_ t. fo,ded EMili_ \>0 $1C8 r..S46 'f""'" EnáJ""", ~211 , ... $9? ~OIfœ Aétnbu~ $ 10.47900 ()ff¡CO E"K ¡oeOI 248 111 t19058 ~~ Man_de,",,1 "rwlM!. '47,174 nilPllllCllon "fVkI.. 'f !nsr.eø;OI 518 $61 <SUO, ~_Id" 330 551 51603< S"",..illVAÍ<J .m; $41 $23.265 1 "'01 C<:noulanl Coal O.1'!ltìme AU::Y'..a11on 100% $1.819 . 0101111."_ 8on1c.. '86_ abQf T(I1.41 '10_ LEASE AGREEMENT FOR TENANT: PBS & J,lne., "","lefO \ {\Q.t~ ~~ h~k~~ .ÆI! Agenda Item No. 1685 March 22, 2005 Page 9 of 32 1 \ I -- -'~- II -., f I i - JI ¡ i ~ I ~ I .. I i I ~ ~ ~" I II A J - I j j ~ !1J!h J ¡J. I,· II l¡¡ I IU J."..! ~ UII~i!fJ~J IUJAI) IJ J jj~J I dEliJI_~. ij Jul ,¡f.r 11 U Ju~~~~ ;JhJJI=:i:i j;:i:i PJ~~liiaa~lfJh2iJd}Ht,:~1¡2~~;¡~~;¡fuUdl1H "":Mt-\ . ...J,J'* ,.~f«9 00: 2::!1 ~~:i:!~ =~~;~:lri~;i~~~:t =;;~'f.R;(~:fC::;~.* r Agenda Item No. 1685 March 22. 2005 Page 10 of 32 Agenda Item No. 1685 March 22, 2005 Page 11 of 32 COMMERCIAL LJ.ASE AClUtl:MENT THIS LEASE îs mlNle as of Ibis day of february, 2005 by 11111 bctwccn Orecnll'eC of Naoles. LLC .. whose principle addren is C/O MK Rally Sø"ica, Inc. ':.%5 I'midential Court Suite: C. FOri Myc:s, Florid~ 33919 (!be "LANDI..ORD'1. U\d PBS '" J. Inc. wIIoae principle ~dd~ss is 5300 West Cypres. Strnt Suite 200, Tunpa. Florida, 336 tl (the "TENANT"). ¡.CrnnU.S:.L III cOCSidcnl¡on of the obliptlOll of Ihe TEN^"IT 10 I"'y ",nl ¡¡rn 0{ lI1e othl!f Icnns conl&ìned hefein. LANDLORD hCl1lbyltlUeJ r.ø TIiNA...T IWd TENANT hereby Ie...,. fron, LANDL.ORD that ""<lain IIp&Ce ",fettod \0 h<rein ... tIle "P"",ú""·. (Onlammg approximotely 1.530 >qUilt. f<!llt ond more commOllly ;no'"," os 10661 Ailport.l'ullÌIIS &oad In I. N1iI1e$, PI.. 34109 .. oulJ¡ncd OJ! EldJlbis A. The Prl!rnl>¢il docs hOl iaclude WlY pan of the cxwior walb of lI't buildin¡ in wlùt:h l'rcnIi.... lit locat.d. _ !he ..-.Ikways or Common "'cu. , T.mn, ThIs is . Tni">, Silt (36) month leaK. The Ieuc IemI shall conlmcncc on Marth ¡. 2005. ond shall conlinucÙllOllgh IIId incJlId. the Tennination dale oíFcblU&ly 29, :rooS. :¡:;NAN:;; IIIeIlhl," 1 3 )Ior o"lioft-14I .1111.. I'.illoll' 1Mô Mfi~" H "flhis t- TENANT $ball nO!ify I~"NDLORD of i\1 inlClllion 10 (clTIùnele II is t.case nu les. thAn Nin""y (9C) days prior to Ù1e expiralion of the exisûnl Tw. J. Ren~ 3.1 Totti! Cmm Rm.. TENANT agreø.l0 pa~' LANDLORD for 10661 Airport- PII1U"1 Roads..íle II ToW Groo. RanI w!lieb iadwles, Base Rent, Common Area MlIÙIlcnanee ..,.¡ Sial. Sales Te or 6"1e ¡n eqlAl mon1hl)' in$1allmeru.. WITIiOUT }~.-.NO. DI!I>1.JCT10NORSET.QFf. D1JE AND PAY ABLE ON OR BEfORE t'H£ F1ItST DAY OF £'''01 MONTH. IN ADVANCE, rn.líUNCi THE LEASE TEItM. win. peYlIICDt of die Firs! MonÚl's tent due 011 or beron: ftbnu.T)' I. 200S. Ilant (OUIIY pmod III the ""'" of II", Tom' or."" ',"",," .lud! be . pronsU><! poníOll of 11.. ....nlll1y b",allneolt ~ berein, baed uJQlla (30) day monlh. !\en1 shall b. COIISldomId 1M. ¡fnol nœival by II.. s" Calendar day or the fnarnh II1d TonanlllWl IIY a fœ of $]00.00 or JO"leOfl!\ç(ll11Slandinllænowus, wleich eve: 1¡gn:a{U,I01hc UndIofd. 3.1 Total Base Rent. TENANT .- to pay LANDLORI: for 10661 Airport- PuJing Ro34 Suile 12, net mIIIal base I'CIIIS IIId 1IIDIIII1y net buc nm1s u outlined below: V_ I - 03lO1IOS Ihru 0212lI06 ~ AnnuIIIy or ~ MonIhIy Year Z -03101106 Ihru 0212lI07 ~ AuIaUy or UJ.I2.2J! MonIhIy Year 3 - D3IOlf071hru 02l2Il01 ~Iy or ~ MlIßIhy 3~.1 Total 8uc Rml far Tenn. 'TENM'T aøn:es 10 pay U,NDLORD. for the TCI1II of this Lease. alaal buc rcntalamowl ofm.I04.19.. D4I1!iDed above in _ion 3.2. 3.3 A<lditional1lcnt. :t3J COlI>mOll Net MaÎftu:auqpe, TENANT lhall pay 10 L.ANI>LORD ,¡n e'l"¡¡montltly inslallmenlS of $631.50 as addiliooW nmt mlAN1"S shafe 'Of lite: Common ...."'. Maínlel""'" (-CJO.M") ~, duM¡ 111. first ycat or liIe I..... Tenn, Th......R.l. TENANT .hall P'Y 16 L,....NDI.OIU'> in Cl<¡1DI ""',,'hly i,....IIm<4\.... u addiûonal rant. TENANT'S "'- of Ùle CA.M dw¡¡.. Itued u'lOt1 lI.e proporliòfl Uut!he tqU41C fOOll.gc of flit PrerniÞs louaJ by TENANT beI.r. to .he l<>tal st¡u",. fOOlA¡C of !he ICQablcspaçc at II.. property. TENANT CICC1Ilí.. · IDtal of.t...W2 "'ItW'C fa:! or ~ Dr the lOts! square fooUI\1! oflbe bUìlc1ínzs u_«I by Landlord. StICII MUlIInI siWib. QlJn¡wed ØI\ _J anni\'er$U)lufW «unm",",",nu:IK I)r the Leas. TClTII. Slith cxlCO$CS ihaJl 110& include "pens'" for any C<1piIO! ÎII1provt:menII Of ~CIf s\rtldlll1li l'IIpIin t'II1Ide to ÚIe Propcr1y, Conetled .ums shin bo used, but nÐllImiled \Oìbc folJowin¡¡ PIICpOÞI Md shlU "Pply 10.'" tit ImIÍ7IIt:11ançe decmctI as Normal Wwand TIW: "w 3 ort3 .4ill .u.,____~.,""~~·-..-_,_^~·~·<·,,_ ......- .-"..-.--' .. ^ ... . ..-~>" Agenda Item No. 16B5 March 22, 2005 Page 12 of 32 - I . lilszard, J\ood. lability. and proptrty insurance. 2. COIIImon uùlity e~pcm" 3. solid was'" collcctilm,SaniwY conuvI. 11/111$1 sapuatelv metered. 4. !..awn mamlCIWI\:C servlco for poIIIIIIs and land,"pln$. aprinklll1¥- 6. Exleñot JanilOril1 aI>Ii c!eJnîngswvícc, ..,d rcpaír5 6. BV AC Rc¡Ill1Camcnl ? Peat conln>1 - ~lCrior only a. Real Ellale Taxes 9. Resurfacing and mai_ce of puking arcu 10. Painlina of tile EI¡\I!riotofthe buildin¡ I I. Admini'UllIÎVC I>0I\l 3.4 Taxa to be Paid. '1'I!NANf shall pay 10 LANDLORD Í1I CC1i&I monthly inslaUmems. u ad4itioaalrat. tbe amOllllt of !he sII/Ø lax on tbe nmlal paymcnlS received l'tocn'TENANT. .. ¡l.dm¡nmm~¥c CON. TENANT f.W1Ito:r.a¡I"ÇeIi \0 1'4Y . prolO!ÛOIInf the adminÌ$UlÚve COStSincumsol fot Opct'IÚIIlI tbe propq In .CCJ:JlcIwoIwld1_pWllfÌllClip1I of ,oll/ld lI1:anapmCllt a114 ~\.Ìnl ptIeIio" .. applilld LO 1M opel'alloll of <Ì",ilor buiWinJII. e""9llh111 the ;ìebt mvice $Itlll be> ~\I$iy. IIXpenIiC of dlC LANOLOtQ. The pll'\Îc$ heroIC 'P \ha(lh" rcntad,iustmCftl fQl' the Adminit\l1íl.Ívc COSIS will be> "ŒN/.NT'S prQt1\\ed WIre (4.83%) of ¡¡... pcn:c:nt('%) oftjlC IICI 'CIIÍ' ohll _1M $pK. 011 Ihe propcm.r .",I,hliI be included in lheCI\M 31 ¡m pcD¡I'Ipb 3.3.\ blm:íll. ,. Oe\eIed 6. SecuritY Degosit. ~ANT bu on deposil wi\h LANDL03D. upon sipÍIIlof \hI$,¡.case a sec~ deposit of n..u:z.E Socurity DeposIt ~ IllIIintcI by ;.ANDLOIW for \lie fail1\6ll peñannmcc ofUNAN'I"S dtIIi.. wi oIIUpliolll '*-dcr. -n. S...rity DqM¡sit shall be rà&JmOd 10 TENANT wllbln 1hirty ()CI) okya fÐllowina the t.eu. T_n.adon an4 TEN.ANT'S Iracaûn& !he Pmniscs. . 6.1 Lut Month', Rent. Waived by I...IIIdlonl. 7. ðfCCDlallce of I'mnises. TENANT acceIIs u.. I'YOaIÎM in it. In!!'IIIt "as is. wItcrc is· condition. Willi the Þccplion ofl..and\a'd !mpro_U as OütIined in Secù('" 39. a. Use oCPrcmilC$, - 8.1 ~ 'WANT $lUll use !he premise !iÒiely fOf !he \IIIIIOIIC uf GcneraJ Office of. cn.cï-ring company and nu othCf. TI!N~'T 111.11 no! _the premiaell fOr mr OIhCf purpose Wtlcss 1114 priorwrillCII c:oIIIIcd oru.NDLOIW ~ oblaincd. 1'ENANTWllpromPÚ>' _ply wil1l .nhrws. orØì_, orclcruncl ~latiølU oft"CC(ma the rrembd.NOIIIClion. 11111 or bulknlplty Þ1u ""Y "., J:OruluelCd il\ \lie Pmttises. 1'IØI may \lie Premises lot II..... f"" ""Y 111\1,,,, rut purposeo. U TENANT'S Obliati...... 'l'ENAN1' II\aIleoc dUMp !he ~k\IIIr. ofwbieh dv: Pnmises form a put or be a ouiAneo to oIbar...... ad III&.lkoep!be Premises and walkway, adj_tlO !he PnmJsealllld aøy IoIIdiag pIaIr_ or loadill8 clock .1aIi0llS and servic:c areu a\OQIÞd rot \be IIIC of TENANT (...beIhcr or IlOl such 1158 be oxclllJivc) fI... I'rom rubbish an4 dirt at all ÛIItcI. 1.3 !,).. or Pr.mi..... TENANT JlWlIIonI on tit. Pmni.- orJy ,licit lIIalCrial U TENANT rcc¡1IIra 10 wnduet ita bulinaa nun u..1'IIImisa. TENANT JItaII "ct opent, Dr permit 10 be 0ICßICd on \be PRIQ\ÙICS lIlY coin or tckcn CIII:I'&Ied vendin¡ machines or similar devic:cs, unleø approved by LANDLOD. 9. Çqmman Areas 9.1 !JH. t.ANDLOIID WlI maintain Uld operllle lite COI\lIl1Oll ........ 'COMMON ARÈAS" as .-I .. shall man all .-.. faQIlllcs. and ..... he 13 ~ u.-..._....____.....-· ,mpro'leø¡ents locaced a! tho propcny for \he oonvoniellC:e tIld use of more IhM one (l) lenanl or fór the employees IIId invite.. of Iho 1aIIn1s, includin¡¡ bul nOC limjled 10, Parltlna -, waItw.yo,lØdded __, bWldïnas. ond _ fa;ìliIÍCI. 9.2 a.-. to COMMON A1U!Þ,$ LANDLOIlD shall.1 "limes havo I~ ri¡bt ond priYiloøe of dctamIninalh. nItute ond e.xtcn\ of tho COMMON AIlEAS and of makin. such cbenges. rea/1'arI&CI11Cls. addiûOIIS or reductions wbicb in its opinion aro deemed 10 be desirable. Sucb oddjlion Of tedllCÙ>\I ,haU not alter Iho actO.. or deairability cfTE~"'NT'S space. 9.3 Rules aDd Re"lIlations LANDLORD may aslÙliJh. .1.... or omend and enfotcO against 'ŒNA.NT such 1'CU00000ble nù.. and ~ons IS LANDLORD may dc:cm nec:eøary or adyjsaòlc for tœ propel' aad eftìc:ieDt lI'e, operation II1I<I mainloaance of \he COMMON 1\I1EAS. IO.~ 10.1. TENANT will maintaiD at il$ ~!he followina io&-=: (1) Liability aad ~ Damage willi . limit of DOt .... \ban $1,000,000.00 willi rapoct co ÙljUly or dCldl for Il1)o one (I) ~ $2.000.000.00 agoe¡atc. and a _I of DOt leu !ban $1,000,000.00 with n:speet 10 any property ciamIIp. \ I (n) TENI'JI;T PI'OICIt)' insurance IXI'<crin¡¡ ali 111< IIclns inclllded in TENAN1'S I...cbold !mptll\'cmcnls. pial. ¡¡lIS$, Y.nl~ng and Air ~ffi ."in¡¡ equip......!, Il1IIIc liaURli andptnllfU' I propel1y on \he I'n:mises. and 10 !be UIOllt IlOl COY.ad by l..A.'-æI..ORD'S wllr...". .lIoraliCll>.ldditiQßS or clwlaa made by \he TEN..." T ín \he ""'OUltt nul leM Ihan (W hundred potCCßI (100%) ofllleì. filII repbccm.nl <!D'ts from lime to time durÍII& Iho 1..cas Term. arid ""cb ìlUUI'II><:e ~hall J"1;Iv;de P'ßtectit>n againsl parib included within 1h.51&nclAl<l m......."'" a¡..",o;¡ sprinkler domat!C. YandaIisrn. and malicílJU5 ",i..hi. r (UI) AU politi.. nf imu..n"" shall be in a fnrm L1d from .nm9l"iClo am'ln.blc ID LANDI-OI!.D. E.ch.po1ìçy 1baII be for ,be muJlaI IIftd joill! bcmalltlo LANDLO'RD and TENANT, .wi ex.....led "'Pi.. of Clch policy uf illslUaDce or . cenîlicare IbetllOf sIIa) bo delivCl'Cd 10 lb. LANDLORD within thirty (30) dOlt all... TRNANT taJcC$ possesoion nf II.., Pranises. All sucbpolìcies sItaU conllin 11 prPVi.ìDII \hen"" Ct mpany wriúll8 said pull")' ..m ¡ivcl.l.NDLORD allCUI thirty (30) day. DOl;'" Îl>WTÌÛlIg in advance of my caaccIll1ÌÞ11 or Içsc. or in !be pails lauu:ed 1þIins1. or !bc e«eçlive date n{ any ....daMn in the a:l1OOIIlS of inll1l'11.111:¢. TENANTS policy mlZSt mille Tría<I Group liS adcIiliuoal illSlIf.d. \ IV) TJ.>NANTslWllIOI due Of ptmlÌl \. be done ony¡hi.,g 10 or 1IboUI II1c l'mni... wnidl w!1l in ""y ...y ÎnCm:aIe rhe 'aIC uf LANDLORD'S mtnncc rms upon \he build¡nB in which !be P,crrì.. are: .llulled. If 'I1!NANT causes LANDLO'RD'S ill5\1tarrt:C 'al<;1 II) ",..._, TENAi'<õ wI! u..'" .om¡>cma~ I.ANDLOIlD by 1'&)'1"& arJ41ÍOÞaJ 1'11111 .quallO Ihe I"...._d p:cmiwn. payable ÐII III. !in! day of ¡Iii! Þ .oIIr¡ followinclhe ¡nemIR, 'ŒNANT shall how...... be ¡¡ivCllII.. ol'portunJly Ie allClllpllO r.move I\IIÌd I'&It i"ct~ by compiyinC ...·jlb ncomll'.C1Idalions me by 'he LANDLORD and or t..\NDLOW'S In._ ...trier and or any olbcr govcmcmnct a\MOOted "'8ul&lol)' body. provided WIANT'. oblJptcinn 'n Pay Sll('h incrcasoes unlillhe nle i. redo,cd ,hall TIOI b. ....pcnded, LANDLORD """""'" II1c right 10 dc(¡¡"e AllY ...e of ·It. premises which ""u""" an ~ ¡I\ i_ranee premiulIIs to be . def.ult of!bc U:asa. !'otic !nfl) .$j Agenda Item No. 1685 '-'1., March 22, 2005 Page 13 of 32 ~__.m IS. p.m..... to Pr....ises. LANDLOlU> aadTÐIANI' IIht.Ullavc tM opdon 10 lcmIinatc .ù LU ""Oft ai"¡O¡ wrilÚlll nccice \0 TENANT '" 1..AN1)U)JI.D wilhin .'y (&0) dayl Iller a fiR or oLbcr casuúlY fClUl15 in danulp to the Premltoa ir IIIin)' perg:nt (311%) or mere of \he Pn:mIscs II UIIICnIIbIc after damI¡c or dcs\rUl:tÌOn _cor oø:~"s. UIÙCSS so tarminalod. Ibis 1_ ahaIl conÙllUO in í\l1I f_ a:1II ell'eGt. Up0Ìl an) lermú)ation of this Lease under the pnwisiaos of this HCIion,lhc rent sball toO 14us!Cd as orÙ1C dllO of sudI termination and the parties sbaU be relwod \b.aeby without Further oblip1ioß. "KCClI for W:ms ....:rued and unpaid. If Ibis Lease i. not t_1naIed after damaao 10 the Premise, and if tho Premises are ronclered wholly or ¡MIrtially W\1CIIaØIab1e by -a dIomap or dcsInI;ticn, thee lhe relit payable by 'roNANI' under Ibis Lease durin¡ tho period in whIch 1he Premises an: SQ WI\ctIablO sllall be abatod in dim:t proportion \0 \he percenlalo of Ihe gma I_obi. .. in III", Premises whieb is untenable. 16. Condemnalioll.. 1£ the whol. of'lhe I'rcmÏICS lllall be liken for lilY publie or quui- public, use. lIti. J..cas. shall termillatc u of'lhe day po_imt IbaII be lakeD by such atllhoril)'. and TENANT sbatl pay rCIIIIIIId perform aU of ils obliplion¡ UtIder this I.AQe tip to lllat daIÞ with a propottioIIate refund by L.A1Io"DL01.W of any relit IItat sballllavc been pilei in advance for a period sub5eqllClJl to 111. dat. or\he ,.kinJ. If 1$ than .11 bPI more tAoo OÙIty¡><otCGlt (60%1 of lb. ¡¡ro£s ~I" ....a In iJII Prcmisn blakét. by con<leðlnaUon. then LANDLOfU)1ØII 'l'ENANT $hall éllChhavc tlte riSht to ICITI.ìoIllC thc Lco.sc upon notice> in writìn¡ to Ùi. oIbcr pl;Cty within, u>ty (60) days .ftcr po.sonioa is \:Ikon by IlIÇ\¡eondemnalloD. Ir chis Lease b so ¡,.-,ninaled. II .....11 tennÌNIo II of !he d!ty poucuion $111111 be takOl1 by aucII &\IÙ\Oòty. ami TENA."IT shalt P1IY mil 11111 pwfonn 1111 nf ils otber obliptill'," u~ ÚlÌ4 lcue up 10 tbat dalo wilh pfOpOfIiOll#IC flll\¡u by LAND\..ORD of a.(1)"RfII that RIa)' haY!! been paid Î11adwn"o for a¡>oriod IU~ to tIu d&lCof tho tlkinS· If 1bís ~o ;. ßOI 10 lenninaœd. it shllll U!rmhlllO only with rOolJlC"llo lite puts of the 'rcm;StII so tú= as of tile <1<1)- p"ss....ôon £hall be I.Ibn lIy IUl:.b alllhlitily.and rm\NT shall pay f01l1 up II) IItaI day with a propolÙoMtc fcfund by LANDI..OfU) of...y <01\1 \hat may have beell paid for . period SU~l:IIt to II,e date oC1be Iak\n¡, onddloroaftcr. Ú¡c TtIII 11I.1l1oc mlucotl Íl\wRC\ propø¡tlon \0 the PrctrJu.:s \alum, andLANDIJ)RP apes It LANt>I..ORII'! øœtand cr.pcn... as IOCn II reuonably possible, to restore the I'tcInbÞ '" a .ompkù unil)f like quallty.:w.I clIanocter as existed prior ID such taIc.ín¡. provído:d d...\ ,tANDtOJI.D .hallnol!>e requlrCo:! ló expcn<f more on su<:h IC$tDra\Ìon than 11\ cc¡ul &mOlU\11o thl :ondtlmnat.ioa ..WIllI! received by tANptOJI.D lllribulable \0 tho Prcmi... (1","11 Cl<pcnsc. ~ .l!Iomcys f*lUjd 9OIP't.:osu mcutl'~ by LANDLORD in t:OI1IICGÙon with .ucb award). 111 \he evcn1 of 111)' takin¡ or appropriltinn w~. LA.NDLORD shalt be: CIIIitIccI to any and all aw;uds Id I or settlemenls whídt nsay be aivat. aod TENANT !hall have no claim apllst LANDLOJI.D for such awlrds and I III' seWcmealS, nee' for lbe vlluo of any \JtIeJlpim! t...... of chi I Lc.uc. 17. Tl!NAN1'S Oblieatiolll. TENANTwiU at all time¡ maJrdai.. \he premÏR6 in ¡ood çondition.llld make all needed repaiES and replacancn1S as .pplie$ towards normal Wear and TCilr. 11.1 l\&Jai!:L LANDLOPJ) agrees \0 ~ j¡)n rim \0 WIle. <IS !*t or_on Ifct expcllSCS !or repairs ID Ine exterior or \h. buil4ln¡¡ on Ihe ðcxnisó<l prunit;co III' of "'bld! tbe clemiscd promises arc ¡MIrt. Includln¡ bill not lîrnì1ed 10 n:psir$ 10 MIllIS, curb.. .¡""wal.... a..d alleys and 'TENANT will 1"'1 LANDLORD føt its P"""'" shl'" of Ikose expenses. TENANT :a¡roes 10 make and pay for aU repaiu and mllnlCllIAI."C to \he ín\OrÌor of the demised pmnim. inclwlin¡ bul nOI hmilCd loplumbin¡¡. lì¡tt rlttur.... olCClrie ~0II1I01 panels and all interior plumbin¡ and olCClric lÌl1C!1 oo!IßtÇÚn¡ \hcICto. whidl an:' necessary to Úle same in .ODd 1U!e of tèpair. TENANT sball cønU:C'I wilhl llrienscd IN AC conlr1lClor for a preventative maiß\ClWI\:Ç a8fCCØlent 11>101 incl.. at · miniwnWII; A. CIOCIinS and IMpCelion o( \he air llandltr and olll.itl4conden.SjJq !IfIil 3 limCS ptz year. B. RÞpI""""....1 of air liliet$ <MIrJ 2 mol\lhs. T!!1'tA.NT sbaI! provIde 10 LANDLORD.. copy of suClt maintonaÌlœ qreement ...tldn)f) days front ilia ~ive PIli" 7 oft) .Ætj' \ \ I I \ \ \ ,.-, \ I ....-----'..' ~_'"',N_;<,.,..__;."-,..<·,'~----...-.;.,,""'~'-----·- . -,....,...~.. Agenda Item No. 16B5 March 22, 2005 Page 14 of 32 d.,. "r Lcuc:. I-^NDt.ùRD sbaJl """"'i" for Ine r:p!ècemenl of AU aU/in¡ and air oondílionin& "'I~i¡Jmenl per J.e \enns of 1''''''1!l1Ip~ j,l.lncrcÎn IS th:y «CUr. TENANT . sllall ~ ~fII¡bl. fo, It.. malnlClW"''¢ 0( 1111 pial. ¡Ius ônd d..on of '11. dcnûlUd þfCIniscs. TENANT $lULU nOI mak. CIf CIIUJe repair ,f'dm for itma Ih.II fall undtr lilt LANDLORD'S oblîgatíon C><<<'pI in !hI:. cas: whetc ~ repAir is deem.d and "cmCfgc:ncy" sllualÍon. An "~cncy"' silua!Íon shal! be deemed uoh if lir. or limb is aI risk .nd ir TENANT fs wu_flll in suçb OIßCr¡Cncy .ílllollhn 10 din:tùy ICIc:I1 LANDLORD or .ny of íls «nplO)'C<lS 01 repteSenca\Í..... In.ud> ..OfßOI1\....cy" ",,,,,ir .iI....,¡.j, TENANT I.... 1I1e riGhllo .OII/JC¡ IIlId .cllciiule >udt ~ts ;as ncceswy .,d {o.....td ¡"..ofoo 10 LANDLORI) ímmediately. An'l ..".tJI!>oriud repair ordlm by TENANT. U"'.re nOl coI\I¡d""ed ·'o'""'II.ne'l" .ìlU4û,ml will he<:om. Ibo ~po..'¡bi¡¡,'I ,,(tllo TENANT II. Ri.... of En~. LANDLORD sball have the right \(1 eater upoa the Pn:mí... upon ..0Iiœ1O TENANT 81 all rc&SOIIabIehours (and in ~ 81 aU timcs)1o inapecltbeame. 10 make repairs, -.!ditioas or akendions 10 d1c Prc:mÌICI. ond for MY oIb:t lawful purposeo. TENM"T ahaIl pamit LANDLORD RJtht of Emry, in order to CCmplelc lIlY IIIIcI .U repairs or aI1en!ions for JtCi&bboríng TENANTS located in clIO P~..... For a period comrnen.ìna OM bWldrcr:l (120) dIys pr:or 10 the end of \be La$e tcnn. LANDLORD .ball have rasonable acceu 10 the Premís. hcnill for the pcqIOtC of exhibid..¡ die ~ 10 II'OIJ>CCCiv" _IS aDd 10 post my IISUII\ "Por bat" and "For L&asc" ~ßI1I """" the P~$I!S. 19. ~ TENANT shall nolll'1Mfcr,wi¡r. wblct. CIIltt 11\10 htcn:l. Ot' .oncession ~Qta. ot manpgc thû J..c:aac or \he TENANM btcml ÎiI ancIlo ,he I'lCffli... Of any pan III=! -wìth_LANDLOIW'S pliO( wrillen ._1, which sball not ~ unreasonably withheld ar¡,, any aucmpled InnÛ1:t, usi¡nrncm, S1Iblcllina. jte"",, or co_ion II&\'CCmCIII emeted inla witlwlll LANDLOìU:I'S _ent .hallb. voil/. Any "an.fer of this Leue liom TeNANT by Iftefgj!(. toClSoJida1ion.liqlliùtíon or olh"""io" by 0\'CßÚt" of Law ¡,¡dlldlng bu, ',Ot Jì...¡kIf 10 aQ usignm.1II for Ihe benefil <f ctCÓI1DII, ..itltolllLANDLOR.D'S tollSen!. shaJl ¡,. m<luo,,¡ in lb. Iclm .....'1"'_1· !'or th. purpose o( 1I1i. /..cue. LAHDLO!W'S \:011"",1 10 ..,y·&ucII U'.usfCl.amgnmel1l "" $Ubi..... $hall nøI be çrmudcn:d. .OMen; In any ""1moquCSlI 'I1IIufOf. lS$ignmcnt Of 5111>1_.. In any CYcIIt. TENA}oIT bmby &,¡reu thai it is to remain liable ror ... of hs obHpÚOllS under \,his Lcuc as conaidcra1ion (ot 1.AN.DLORD'S .:orucnl 10 any suo, 1,"".r.r. _iJll\lncrll, or II.1bleuc. LANDLORD WIII'hIJIS usabmty of PlWlì_ (Of inlCllded purpo¡.c 20. Evenl. of Default þv TEN..o."T. 1M ~ or 111)1 of iii. following shall constilute an event of defauk and bradt oflhia Lease by TENANT: (.) if any part of tho rW to be paioI by TEN....'\IT .... Ú1Ù Lease is not paicI witbin , days when datlDll.tler IIOIic:e by LANDLORD; Of (b) TENANT f.Hs In Ú", o~ or peñomwtc. of l1li)' ofits other oovc:nanù. a&rCCmCIIIS or conditiOlll ptøYidcd for in Ibis Lease lII1CI_h fl.ilwe CORtinL1C5 for ;I pctioð of Ibírt)' (30) daya after wrìllOlt node: \,hereof I'ror.1 LANDWRD 10 TEN ANT (unlc" .rodl wllll'l: _t rcuonabl)' bt cured will.m tbifl)/ (30) day' ¡¡,nd 'TEN^",,. C<1mmCl\I:e. 1\ICh CIIrc witbln .iå IbíI1)' (30 da'l period and dilipn1y pursu"'lhe same 10 completion); or (ej TENANT usa Ibo Pn:miacs for IIJI)' purIOle DOl _"",¡¡I)' autborizcd in r.ecli0ll 8 hmeof or aay use ot the prcmisea whic:tt _ aa ........ in ias......" premiwns; or (d) the ...lIt. =Iod in \he 'rnNAJo."T """"'1 it l3k.n in execution Of b~ oÙ1cr process ot taw, or all or 11 SlJbø.n«i.t put ot \he II$>CIS of TENANT 01 ..,y TENANTS þìaIa/IlGr is placed ì.n Ibo hands of a Lquid&tioo orpniUlìon. receiver or trUste. (wi such UlJ"idalìon, ttccivcmhip. ur """'tccsbip i. InvolU111"" IInd u tI01 vacllc4 wililín thirty (30) days), or TENANT Of any Tl!:l'IANT'S ¡¡1I""'lIor înstílUlt:$ any ploœcding under ft4era1 or slit. insolvCllcy ." bAnkruPI.y law... \I.e $I11\C nUW1.'X'S1s DC wide: 111)' IØ1codment thctco( which lIIay I\crcafler be .....1<>lIJ $ Agenda Item No. 1685 March 22, 2005 Page 15 of 32 Agenda Item No. 1685 March 22, 2005 Page 16 of 32 ellaelcd, or under any olber ac:ts reIaûn& 10 Úle :IUbjCCl of brirvplCy wbaR:ìn Ibc 1'ENANT or III)' TENANT'S GuarIlllOt Mks 10 be IIdjudic:atd banlaupt or to bo dillCbar¡:ed of ilS dcbIs, TENAN'I'S GlllnUlltor l1li4. tit)' IIUCh iDsolveÐCY ar bankruptcy 18w. 11. LANDLORD'S Remodi".. h, Ute av",,1 of III)' .r...11 by TEN....NT, LANDLORD may: <a) TcrmiaalC Ihis Lease in which can TENANT shall imrødialCly sum:adCl' ponession of the Prcmi_ lei LANDLORD. LANDLORD IiIaII bo tlll\Útled to recOver Íl1Im TENANT all dama¡es incum:d but nol limilod 10, the coot of recovering po_ion at \he Premises, aKpcMC of rclettin¡. bc:luding -nary renovation and alteration of the Premises, teUJnable 1IIOme:' (coo. rent for !he balance of Ibc Lease lC1'111, ami \bat portiOI\ of lilY leasinll ecC1ll1lission paid by L.ANDLORD end applicable 10 Ibe UIICIIpiTed IenI1 of ibis La5e. (b) Maintain TENANTS ri&hl 10 possession, in wbich e... \hi, Lease sban contÎrwc in c/Tect whclber or ""I TeNANT shall ban abaÞcIonod !he PremIse: and whether or nollhe: \'runi.. ale reIcI. In sueb flVlIII, LANDLOJD Iholl be _tilled 10 enforce an of LANDLORD'S ñ¡bIs IIId remedies under 1\1:1 Lease, inc:lllding the r¡&hl 10 recover II,,: rent ami any other chirp, and adjUSlmenll1S they become due bereunder; or (0) Pur$lle any other remedy now or bcrcaI\c:r av,\ÎlablelO LANDLORD uDder Ibe: ¡ows or judicial cleoisi",," oflh. Stale offlorida. n. ~ TENANT ,trail II&Y for ItI)' and all casu of si.. ami its \N1a1l"1"" ami I1:OIKlval. TENAto.'T 5lu11! IIDI p(~. suffer. or ClCCI sip\5. .WIIIn¡t. """"py. 1d\'ortisiog maI\IIr, ûoow,atic:n, ar Idl.Ctìcg on I"" ¡n\<:rior at the e.1Uior of any door, wIndow, muqucc, roof or ",an. of \he Dt:øù.sed !'remises' w,tbo~ll!liI priOt Wril\clllpptoVal of t..AN¡)\.OiID. To pin 1tII.:n approval. TENANT "'uú $ubmÌlIb LA'N)LORO . .w.ih,4 ...J -'od ,dnwhg of the propoMtl $!I'I øe:ri\Jing 11.. malonal, color. fol\l of Ih. >Î¡¡n. lItIy clCQnColl load lequlrer!lt'lIS al1d bli;l1tJ1!:$$ in fO(!\'~¡C1i:!lld the 1\1111\1\" ín wI1W1 II will be at\:óIC1Ied \0 Ù~ buildi"a. 1(\heIe" .... addillOl>l\ .ìp\ such ... . lmanl d¡rcçll1\')' ~ ,iJIII, .~cn ¡nbmatíOll ÍI reqwml for it as Well. WheA 10 :tpprovi:d, stich sign shall only <;ontaÍII the nanlt of TENANT IIId TENANT 111"'0$ 10 maitttA\1I sue¡ .i8'1 in ¡ood oonì!itÎOn and R>4ir, sa..... ø¢'cnd ""d hold hf\ftflen LANDLOIW ftec of all øst:l" CXpcnR, lœs or damlSt whir:¡ \III)' f~ (rom !be lIrecl!ons, l\1aÍIIlClllm:c, c:xíSICßÇë or n:mo\1Ü of u.e sante, Upoø ~ Ibc Dcmise~ Premise., TeNANT.~ to fànQ\'o a\ such signs Md to repair all dama.e cawed by «(IC0IhÎII¡ f,,,m such rcn>èwal ti.~¡¡IIIPCS or .1l1li'111105 10 waU lnoll/de bill ... nal limited 10, boles, raded ,1IÏ1It around sign, _ bon4Î!\C måll:n¡o] wni.:¡ It.. nol bcOlll'CltlovC<Î, JlCraptl$ aII<I sctatcbcs, bolla or ôCtC~ which bay. nut b<o:n ~..-ed, nccu paìn~ Ole. Sue¡ repaírby TENANT shall _ the portica of Ibo building where Th"NANT altacl1ed the sign. ,bock: 10 . eooditiOll ._plllble b) LANDLORD. If the cOI'ldi1¡on of lb. wall Or sll\JClUII: where the .i8'1 was ~;rvcd frOlß is ,eft in a cucdilion ~ned unllcœpbblc by LANDLORD. LANDLORD ¡nay at LANDLORD'S opúem ROpo.il ouç;b _ and dcdua the ¡:os! of such m,m TENANT'S ocr:urity ccpoUt. No sian Of aclvertisîn& mcdiW'l1 shall Þ« -.: $0 as 10 Þ«. "'U¡_ or me"''''' 10 landlord or olbof "'rUlts. nO\' mall any advertê;iRl! median or d'sp~ wíthm 111; Demised Premises CItIpJoy movin¡¡ or nasÞínl: U(!IIIS. TENANT shall have ¡ spoce on Ilu: Pylon sign III tJu; comet or"'" Ave:. Nt'l'Ù\ Gnd Goodlett. fra..k noad, I..pto:e onlhe marw",...' IIIlhe .nuance 10 Ibc builÆn¡. I spoocc on 111" direI:Ior) 11\ Ii", elllrance .00 b" âUowcci . sian on 'heir ffOnl cloer. 7.3. Subardinarion and Attornment. TENANT aØJ'eos that Lhì~ lcue: slid b. subordiDIIC 10 any n'orIpF ,hat i. ..ow or m.y bonoaftw bo plaood upOll !be Pnmia.. IlK! 10 OR)' and .11 I_wals. repblccmenlS and """",¡OilS theteot If III)' 1I101tpØ or boooJiciary elccls 10 bllVe Ibis lease superior to ils monpgolbcn by notice 10 TENANT, this L..e IhaU be clcemedlUperior 10 Ih. lien, of allY SIICb mortgage, whether Ibis I..euJ is .aIccI cr 1U:OlÒed before or a/\er said monpB.' TENANT sball, upon demand by my foreclosin¡ mar..gee, attorn to such mongaaec as LANDLORD uocIcr this Lease. LANDLOlU>'S ÍIIICr1:S\ uodcr Ibis LAse .)f in Ib" Premises nay be assi¡:ned. PIp 9 ot\J -ÆI1 __".~"."~"""""".__~·,,,,_n,.,_~-·..·_.....,m 24. ConSlnlC\ion Liens, TENANT shall havI 110 power 10 do any IGt r miIM any con1ract which may CRaIe UI)' lion upon Iho Premiscs. SbOllld any conSlNc:lion OIbor lien be filed .¡¡ainsl "'" Prem~ IS . result of TENAN'J'S .ac1S 00' omiaoio.... TEN .ho1I C8US11be samo 10 be disclw¡ed ofm:ord within Ia1 (10) ell,.. afternotiœ by 1.J\NDLORD T!NA.NTIba1I save and hold LANDLORD harmlc" from any damallcs, cost. ilDd at fees inA:uIr\'Jd by TENANT in any ""it arising oul of an)' cOllSlNction or other lien placed '1IfiI the Premis.. by anYD1c porlormios or .upplying labol and I or malcrials irc. upon, or 0 such propony or clKWbm: al tho requests of TENANT. 2~, Fa",. M~ieurr:, LANDLORD and TENANT ""'I h uCUMd r tho period of UI)' delay. in the performance of any obligations hereunder wbon pn:van1cd fro 10 doing by CWSC$ beyODcl LANDLORD or TENANrS """\to!. 26. ~ Any nOlice 10 be giVCII IIIIder Ibis LeaR >hall be in wli II&, shall be sail by United Slates Ccrlilics Mail, return receipt "'I1aIœ, poS!lle ;mpaid,." sIIa1I be doemecIlo have þccn giVCII and received opo", the dole noted OA the n:ceip:. SudI DOli IhaIJ be Iddreucd as follows: IfLo LANDLORD To: Grwllree of Nip I.. U£ C/O JMK ilealI)' S.."í_, Ine. 622S Presidential Court Suite C Fort Myers, Florida 33919 Ann: Property Mcoger Iflo TENANT To: POS" J,Inc. ~300 West Cypras Street SuilO 200 Tampa, PI. 33611 Aun: Corponle Real Ellale or ro .udt orb... address as LANDLORD or TENANT may from lime 10 lime ollter by nOlÍte in aoxonlancc with the pIOvis.ÎOU> ofllú. section. 27. Olllel TENANTS. LANDl.ORD ",.ervu !be riP¡ 10 deal 11 olilct _IS .. LANDLORD nil determine in lito """"""" of i. lOll businlW jouIcmenL ,.Iy ~JIO'I IIIe fKt, ..... <loa LANDLORD npresenc, IhIt III.)' specitie t number of_ or oc:cupan~ shall occupy 111)' space, 2a. Ouicc EnioYmenl Upon payment by TENANT of the rOlll merv the Db,senolKltC anti peñOl1Mllcc of all Dflbl œvClllllls, IcImI WI! CIJDditiom n TENAm"S part 10 be obsaved and perronncd. TENANT ¡ball pltlCNbly asull{IIict.ly bold "'liD)' !be Premiocs for the tcnn hereof without hindnoce 01 inlemlplion by LANDLORD or y 0Iba per50II or pe:sollS lawfully or eqllÍtably ~laimi1l& by, through, 01 WIder LANDLORD. 29. Mj)lc:ell.....ous. 29.1 Ioint 2nd Se"....¡ Obli...lioru If Ibcre should be more OIIC TENANT, the covcoants of TENANT sba1I be the joint md smnl ob pIions of ...,¡, of them. 29.2 Entire ~ ThlI Leaoe ombocIiea all .....,....n1S .. 10 !he lubjeer mailer c:anla!llod bIniD IIId no b.lllin shall be binding upon LANDLORD "I TEN modification of this .....0 be biDdln¡ llpen t...NDLORD such modiûcaûoa is in writing and siped by !he po..rtia betel" 29.3 ADDiicablc Low .!be vùìdíry. constrUC:tÍOA and cufore shall be govc:med by the Law. of !be Stare ofFlor~.. I'qc JO 003 Agenda Item No. 16B5 March 22, 2005 Page 17 of 32 \ -_....~.. Agenda Item No. 1685 March 22, 2005 Page 18 of 32 - 29.-4 ~ Any waiver by l..ANDL01tD or lilY lvcach by TENANT shall not be deemcå 10 b. waiver of lII'Iy .lIbsoqUW broad! of III. same or of any oilier teom covOlW1l .._t or ccmdilion hOR>in CODIIined. lllO:wbHqIll:llI acœpWlœ of any renl fC$Crvocl bcrc:unda by LANDLORD sbal1110t be ôwnod 10 be I waiver of...y hell or deraull by TENANT,olber than 111. failW'C of"ŒNANT 10 pay the particular rent so ~. 29.~ CumuJl\ÍOII of Rem.die$, n. "MOIlS r¡litll. options, el*'l:lÎoll5. po_sand rcmedieJ oontaiDcd in this Leu. shaU be deoßIcd çumolalÍve. 29.6 No l'atlncnhi9 Nothi.Q& eontaillocl in Ibis Lease shall be dMmèd 10 creal. !be relatíonsltip of prìnciple and apIII, or oí pu1Detship or joi~ VOI\I1Im btl:wccn LANDLORD IIId TENANT. 29.7 Tim. i. or~. Time ¡soflbe "'"011" wilhrcspcçllo this Leas.. 29.8 ~ Any provision ofllùs lase w\ùcb ......, prove \0 be iny.lîd, void, or iIIesaI ""11 in no MY elfcct, impair. Of illvalida ...y o1her )rovisioll hereof. 30. Sindin, Elfcot. The covooants and oœdilÎON hclcìn sJJa IIJIP1y 10 and bind the heirs. 10gaI n:pmcnIalÍYCS. and 1USi.- of LANDLORD II1II 'tENANT. INI .all C\M.II8II1S arc to be CCIQSUIICI.\ 1$ condilioos of this Lease. 3]. ÇDl15 and Attcunev,' Fees. In the evenl of any Iiliat1ÎOn lri.inlOlll of or pa\llininlll> the \C(InS and provisions of this 145.. the I1C'VIÎIiII8 pIrty ahIII be cnlÍUocI.o n:cover flU1l tbc other party all costs IIId _.......1. attomcyl' fees Ì/IeUfIocI by ..sai.... prevalliq party, includin¡ thos. ~KIII1JCI ino:urrocl 00 appeal. 32. Radon Gas. Radon is .. tIIIItLIraIly -"n¡ l1Idiooctiye au 1IIat, when il bas ~Iucd in a building in SIIffieilmt qlllllllitic., may pn:scnt boa\th risks 10 persons wbo an> 0XI0SId to II over time. Leyel. of Radon au thaI exceed federal and stale lIIìd.Unca have been found in builditt&l in Plorida. Additional Ìl\fonnation "Bardin¡ ]!.adon Gu and R.odon au ....tlnQ may bC obuún.d from your ooun\y pllb1ic health unit. J). ~ If '11>NANTr.ìls IOp.y any inslllllmon;, or portIOI' of the bas. lOll\' t<mm~n II'U m»inten/Ulee reCII, 01 IOny Dth¢r ,>bIlpllOII by tho ,~ calcodarday of such rental monlh¡lhon TENANT shall pay, on demand by LANDLORD and asaddlliona! rent, a 1.1. fee or w. of !he amount Qw¡nl for ¡bat mlJllU" In adlliúolt, any ....w paym.~t _eel du. to ¡1I$U[Ii¡:iomt fwJt!/¡, sh.tt be ¡ccmocl U II failure 10 pay aay portion oflhc abov~....1 4... and will, in addllÍl>lI to ti,. Lal' rea. wmDIlIIII an equal penalty.. ¡~. ¡¡¡,Ui",1fo bIoul, :rE)¡...Nr 'Mil Ita.a iii. rÎllllIInn.. Iloit 1_, ref .. {I), tlue ~ :J:hl i.. ,II1II ~ ...111......... ÍR ..."iIll1l1ll ...."11.1.3.2 Br 1Iti. I....... 1'6N?.N1" __ AOt lie 11\ ".\He III) 1_. lit .....i..... .r1hîs 1- .. ,....... ,iI/I~~ "Ii_ plftlllt. 1ft Ihc '.l1li1 Jot. mu.:w:r ~1"'1"""'¡'''' .~. e.pø.silltl ... eí his t-a. ..ill! .... l1li11...1 .f kr\,:i'JII)I.ORP. Cltpr.....) ..ti",llI~ "Iøustioe tIuoIl .. ......;....111 II,.. tlll.~ 1iM1_1IIII1II 1ft..... ~~OT ßI'~PMl~· ,r the 'fMtÌHI tho ....1' ....11beft....iø ~pD~... ..eNlli) f'RI ,RelI Ò. sølj.., I. \h. ....-I í~,.tM,I..-...~.) i...illsellt I.illìS9Mt 1_''''. r.¡;jIìS¡ ~~~..-m-<oo""¡"¡Q I..i.. iii. ",eøIhI:, I'll" for"'" 1ftlll\III, '" "'...oe ~~~IÍMItf. hi n. ......_ L.~IOLON:I ... '. hi. PlghI&ie ~ JS, Jruoblljrv 10 Porlè>(!n' 1'1>b Leas" alld tho ob\i¡al.Ìons of TENANT II> be given liu1ill~uI betcin. shall not be impai~ bcca_ LANDLORD is unablc IJ IlllfiU l1l)I of ils obll¡adom be,.;n, or ¡~ ;Je¡ay"ô in do¡rt~ 10 if.loch iaabilit)' or delay ia elUsed by rllUOll of strike Of odltl jabor uooblC1i, cÎvil eOlllrm>lion'$, in"&sion. rebellion. hostìlilìe., niliwy or usurped po:>".r, ,1IÒóIIo1I'. ¡¡ovcrruncuw,c¡ulatJona Dr ""at:rob~ intbility 10 OblaÎrllll'l)' 'ßaIA:rÍal or ."""ice, """'¡:Y ,11"·",,11"."" of GOD., or by ""y oth.r _ beyond tbc _I of L..\NDLOIU>. PII< II 0(1) ~. \ \ \ -"~-------_.~. Agenda Item No. 1685 March 22, 2005 Page 19 of 32 , 16. InU'J'fctalion, This Lease shall in 110 way ÇOSjtu\c or be ÍftIcrp'cte4 as au offer of lilY kind nor a lop! :and binding LeAe, O:>n1nd or AIr-lilt will1aul . tia:!y a_ed veaion beill¡-in \he J'OC$CUi(Ut ofÙlc: I..ANDLOIltI, OwIw, or ils ~v... A runy_1ed Lua4i i. o"e IMt ¡8$ b_ signed by bulb LANDLOlW and TENANT wilt moneys, in United S!a~ Cumw:y lIrc:tJcr IIIIlI OM Hundred DoIIan (Sloo.oo), plAced iJ1 the IOUCSsiOl' of LANDLORD. Owner",,,,,,, "rib Rcprcseø.IaI.iva. J1.~ LaOO!otd aNI T""OlI' .ad. ,,,,,,,,,,wa ..1<1 ""&milts thaI ,t n... had no dCIIUnfl< witb .&I\)' ",al "'Iato broker or "gent ¡n <oonccûon ""ilb the ncgOliation Dr lI,i. 1.=., ...cplÒng only PBS& J, In.. and Wcl51t COIIlP"'Ùt$ Florid.. Inc" allÒ !bat ü",..U""i ""II Tonant k,""'" of no Oilier ,...¡ <Stal. iJrokot or asCl1l who is or .¡¡¡hl b. ""úlled :0 I .0nUlli,,¡Qn in coon..:líon with this Lea... Landl.m) .lId 1'ma1a øtb ~sto illÒcnmify dJåCl!lllUIiI hold lb. ø1ÍlCr 1tarmI_ ITomand IgliM! .11 daÎnlO made> by any broker or findin¡ otbcr tl1an tlte obo.e ;,omcd broku. fer I CORtlniss;"" ÍI\ «>MCÇÛCIl ""ilb tbil Leu.. 38. Posting "FOR SALE', "FOR LEASE", or "FOR RBN'r' Si&JII. U.NDLOlW racrves thc right to place "FOR SALE', 'FOR LEASE", or "FOA !lENT" SiF' 01\ Ibe pteØlilll &I anyl~ as it pertaillS to e¡!bet (he "Subject" Pr=iscs, IU\OIbcr TENANT'S premises or t.hc entire building. TENANT ma)' not pest Ill)' sucb s¡&JII on 1I1e premises. 3~. Landlord Imorovemwts: Landk>rd. u part of !hi> Laue. wi! de tit. followina irnPfovetnwUl !C lb. Pem~..:rcmoy. ,II ,i,,1<:I and 0&1ner.<. r....llQle\ all )m.... wb.t. ,ink, ....,. removed and CI¢W conf.,c;lcc room, jl&ÍQI e!Ta;Ud wall, to rnlotJ:)¡ .~i>tio¡¡. ~II: . .oni~ room ..ilb all n~....iI1)' c:Mn&~, in lite mJd4Ie ef the suit::, rc¡>IKc loluing b..v.board 1IIId mold'''8. ..uik a.nd pain! 10 rllalo:lt .Kístin&o paleo and paint aU d~ wails, l.artdIOfd', lItJUÎ1num contribution I!I Ihi: Lendl.rd lmplOv_~ .n.Ube $5.000.00. TÈ/llnl man 1M: ¡C$>Qnsit.l. for ont and ¡oJ1 costs abIJ.e 1\", $5,000.00. l.andl«dsbaU [umÌ51.. wilhin r;~,\)' (30) days of completion of tho im>fOVcmcnto, a 6....1 cost brcalrdøw,\ 10 Tenanl of II'Y uven¡c oboveW. $5.000.00 paid byu.ndiord. 40. ~ If !he T.1IIßI remIÌDS in the I'remi.. beyøllli tho ..pillllioo Df Ibis ~ sudt hoIdip¡""" .baD nol be dc:c:mcd tD cn:aÞ:.,.y ~. bid tbo T_....\I be> I "'1'_111 SUiter.....· ""d win be able to poy tho last mon!bo n:at &Ad addiIiollolrat for.ix (6) .-lb,. u....1IIIer only .. · rate "'1...1 ... ~ d1c mDllthly b... .....\ Iud olber cIIIqeo duo I.IIIICI' lids lzasc. IN wrrNlSS 11lf.R£OF, TENANT .ad LANDLORD bave caIØCd !his ÍftSUIIII\tI\t to be e:w.ccwed IS of \be day and )'CIU' fIrSt, above wrillen by their respective omcas ·X IIrtics tbI:mmto duly aulhorizcd. LANDLORD: GREENTREE OF NAPLES, LLC A Florida Limited Liability Company Si¡ncd. scaled and delivcrm in \be prcac:nce of'; By: Kevin M. Bums Date Mauger for G.......... of NapI", u.c -- TßNANT: PBS '" J, Inc. A Florid. Corporation Signed, scaled and dclivcn:d in the P!CSClll:e of: fð~'d~ ..D,h".,,- ~IU)( 1.:. - f.k:: ß/~ /7 ~ a~ í' {"loti. Tooi t ,;J -¡ !-()$' Dale It's: AII.oci.to VPIReII £slate M_pr EWdi. A- Pr....... PI..e J2 of U. .~. -_.__.._......,...-......~....~.._..~ - Agenda Item No. 1685 March 22, 2005 Page 20 of 32 .-. EXHIBIT A ·PREMlSES" - .....13 oru ~ r \ Agenda Item No. 16B5 March 22, 2005 Page 21 of 32 LEASE AGREEMENT GREENTREE OF NAPLES,lLC TO POST, BUCKLEY, SCHUH" JERNIGA.'i, INC. FIRST ADDENDUM - FAIR LANGUAGE Th¡a rust Addendum IOOdifIf:S md j¡ made part of tbc Leuc Agrmnent (th: 1..c¡¡e) belWl:Clltlle piniu speçificd above Cor;1hc kued psemises IOCll1ed at 10661 Aitport Pu1Iìne!Wad Sui", 11 Nç4e. Florida. eollllllellCiD¡ 011 0( sbcrtIy a1I.er . _. In addition to die plOVÌliOQl set torth ÍII the iase, cœ panies lpe as follÞwa; 1. Late DelIvery. 11ùs Lease ApacmmII ihal1 be voidable II TClWlt's option it Laødlord b.. failed 10 deli_ posseaion of tho: prcmisea. willi tile ilqlro_1IlpCCified ill Sect.... 39 t (the 1_.... substanliaUy CIlD1'leœd, wiIhiII sixty (60) days of lb. oommcncc:l11GI>1 date IpCciIM:d &bovc, exoept \hat IIùc date s.ball be exteoded 10 rellecllllY delay caused by T""""I's ¡çÛQß or inaclÍllD. 2.. Aol&dit or Oper.Únc E11'_' l..wI1ord .ball ¡no\'1de Tenant a 51a\cADI of _I optmv>¡¡ upcru.es ú( CAM char¡et blUed IOT...3111 (or ~(lbcB_ 'iœ) me! fota" 1IICCa:din¡ YCIfS dIItiD& \he Ictm of Ibis ^~ withm One HUlldro.! .Ekz"tv íl!lO\ da)'l ..nor Ibe tIId of c.IAÌh a1=dar year. Upcn ....eipt of lAodJord's ,ta_ of AM~ ~ r.....pc:nw;, 1'.-01 ""1 clt:ct 10 ClllldDo;lIl1 amlit of ~Liag QSI$ a! its own c:ApCD$C. ad t.:u:IdllXd wiD pltwidt at.m 10 ,.¡¡ nee,,.""'}' book5c ¡mil «cords for 1bc ltll'p<Me of C(lt1>le;in: Ùlat "* Each !'arty wûI bear Ibe cool at lIS OWD emp¡o~ ac.c:ourl1anl.S, auomcys and IIdVÍJon utilized dIItiD¥ th: audit 1'1'0"'1$. If aile, .ud,11be W1ie5.... ur.ab¡. \Ø .ua: on the aII!OUIIt of ~1iII& eX'peœes, the dlfI'er<:ttCc ...t'l1 be ~oJYCd duoogb elU.er a¡b11:ntÌOQ if the p;u:1~ "" .gm: ," o\bc:WI5C by liugarÍØl1. In \be eYCDI or A ÒÙJIiIIC. t1ciIhtr party's pooitioa will be presumed comet pci1dÙl& approprial< ,uoll>lÌo", &lid 1'<_ wüt DOt bet'C\]1lin:d Iu pay &!Ie¡..s 1>a1aDces tb&t it rw;ooably COII5idoø to be _= tf TeDllI11 r..1s to rcq....1 an "udit of II>CIIIIÎIIt ""pcnsc:$w"bl:, 1hircy (30) da)'l of receipt of LaudIord's !~ o!Opc:ratÌil&"""IS,1b<n LaDdlord'l NIcmCtII shall be <III1SidemlIC b&'IC been accepIcd by TCII8Øl 3. Optratiac Espeme ran TbroUcJI Limib. If. JI1IIIA8CIIICOI fee or Ldminislraûve COIl is iDcl1ldcd ill opeøtin¡ expçases or CAM, !bat fee sbaU rtOl be iÐaeasecI by _ dIIIIlli ÌIIIDY yeu oflhis Lease Ierrn. 4.1Ale ØoAroì'" ~¡~ge tilvWl ¡,. êòlled Ie lit lllid lor T_ '111.'4 fie.... .rllt. ....yøel ÌIôIf;~ p......... ìa ~~~ ~ 5. N> RdKatioD or Subo1Itulioll, LanrIIotd shaU lave 110 richt \0 relocaœ T_ or .uòtIiIuIe Illy oU1e: spaoo for the ~ Premàa durirIg the Icm1 of this Lease A¡reemcIII. 6. V."liCIa. So 10lIl\ 15 TCIIIIII pi)'! nmt. I1IIÍnI3ÌnI !be l.eucd 1'RmiseI ÍII good COÐdíûoD 2l1li is DOl oIberwisc ÍII def&Ult under Ihc provÎsíons of 1his Lease, TcnutI'I YlCIÖoD, abaodonmeat or WIure to COIIÓ1ICt bu5ÎIIeSS atlblleaaed preIIJ:ÍSCS sballl10t be coasider1:d III eVCDI of defaull 7. Rotdner, T_ may elect to bold 0'iU for up to three DIODIba a1I.er Ieae expiratioD II a I'eID1 rate equal to lm of tile rate Ibm in e!fed. B. AIIcraÜOœ. AlteraliOlll requiœd I\IbaeqI¡eDI to c.omt,_ will be :~1eted by T_ It TCIWII's sole COS1, utilizjn¡ JiccmecI and insured CORtRctors acJeçcd by TeIIIDI. l..&odIord's a¡:pcoval wiU be nquind only ill the case of 51rt1Ctural alteratiuns. T..- è8IIM' II............ Ie .... '" ..,. a'-I;_ ., Í81t1.' _If. "1"111 lees. ."flirllioD. 9. Haurdousllúleriala. Landlord sba1I comply willi aU eoviroDlJlC#la1lavn applieablelO the bWldinc UId propertY OIl wbicl¡ 1bc Leased P""fIisa ore locaœd. t..aIIIIIo<d obaU properly maintain tile property IlId building syst.emJ !bat are l..aud\Ord·s respomfui1í1y in 01:00 to mainIain ~Iy safe conditio1Js, iDcludia¡ buildinc air quality. LaadIord sha1! iIIIIcttmify and bold IwmIr:3J TeaanI, ill emp10yees &lid agents fiom III)' damage. ÍDjUl}', loa, liability 01' claím arismg from landlon's faj\uR 10 COIq1Iy with Ibis proYÌJÍDII. Page 1 of 3 ß ---- -..-..- -.---.......'.. Agenda item No. 1685 March 22, 2005 Page 22 of 32 - 1 a.. Interruption .r Senicel. If (i) LaI14Ionl j¡iIJ III pm'ídc \IIili1y IX olber senicellbat are LuxIIoId'I mpoDIibilí\)' 10 provide under du: IemIt of Ibis Lcue, IIId (ii) I\ICb fai1uro ÍlllmllpU 3f lipi!JCalllly Ùllpain Tcrmnt', IISC of tile ICúCCI PmIIÍICI, 8Dd (ill) such faillll't is IJØt duo III cooditioal or caUKC be)ODd Landlord', 1'CUOIIIIb1e a1I1IIOl, IIoI1d (iv) 10,* faiJu¡c continues for a period. oCtimc iD exceas of one buIíøcH day, tæn T_ sbaU recei"" anabau:uwø oftelll for the period of 1bíl uucmplioQ. 11.,Bnllœrace. T_1as discloiCd tba& il is a IiceNcd n:alCllaœ brokcfaac COI)Oratioo WI! Tepre5llUUi ¡!&elf ÍlldIiI tnIJ!ACIion. Our JWIdard commilsioa iJ 301. of NET BASlt n:ot for !be enIÌIC \erms iDc:ludiø¡ eXlllllÌOllt 8Dd ._ioÐs. in ÙIIO 0121.. of Texas, Noa1h CarOÜßI aud florid&. 11.. COIIIcata IIIId ApprovJII. NotwìIhsIaDdiI:I allY odIef proYÌIÌOI1 of I.JÍI I..cuc, aU ,OIlSCtlU aad IIppRIvllllO be givco by 1Iu: UmdIotd Of !be TenatII, as 1hc cue may be; sbIJI 1101 te UIIRUODlbly witbbcld or delayed. No ~lÍve fees or upim1C8 sbaI1 be c;barpl in ~LioI1 'IIÍtb III)' u:h approval$, !ø çu.. wboR eitbor pM\)' I\'Itqçises judgement in aceordaoce wilh !be Iem1S of dlilIAut, sucåjud¡mIt:It abaIl be cxcn;iacd rcuolI&bly. 13.;!'fo LaJldlord'rlTeoant's Lien. No lico or ICCtIrity íaIenost is gnnIed 10 eilbcr psny in ~1ÌD1\ with dIiI Leuc. 1... .[rtllU1IDce. Neil!ler party sbaII have !be rigIIt 10 p_ ÍIIsuIIlICC oa bcha.If of tile other. IS. EIlappe11U1d DocwMatl. In fumíIbiø,c estoppel ~ or other d~Lt. !bat may be rec¡,1IiRd ill COJIIIICC$ÍOII wi~ dUs Leuc A~ Teuant sbaIl DOt be obliplcd 10 iDc:11tIIc 18)' 'lI_t wbiI:b it COfIIidm III be UII!ItIc or inaccoraIe, <It to irM:1wIc 18)' provision ~ is 1IOII'CUOIIIbly IICCImII'Y Ie· such d__t or whieh modiIIeI ill ri¡bts IIIIIdF dIís Lease AgraeU>C1lL 16. MInimum Notice IIor lùn>edies. No remedy Cor a.IIeged or lICQII\.defallll by eilbcr party abI1l be penniIted or 1akeI111Dlas tbè plll1y aIlepI to bc ÎD ðcIàuIt hu ~ pJVVidcd wri_ ~ by ccrtüjcd ID&iI to the addz.. speci5ed in tbè Laue ~ and bas failed 10 TaDØdy the defaultWiIbiD TWP.N7V (20\ INIÌIIIII4aya. 17. J..epI JU¡bIL NciÙll:t party waives &1J1 ofits lc¡aI riabÞ or DOIice periods provided by I&w in c_âorI with dUs Lease A¡raemcDI. IIDd 110 provision of this Apemcnt 8bIlI be interpre.... as a wai_ of Iud! rihll. No iuuo Of ~ will be TCSQIvc:d IliWatccally by eiIber pari)' or ill tcpt'ClCDlltiveI. N:I power of 8Itomey or 'Uomcy·in-fact ØIO$ IS ~ to eicber pa.cty ÎD coøoøc:tioo wlth dUs Lease. 18. Lilipion. In Ib.e ew:nt Ihat ei1ber party is rec¡,uIred to utilize JiIi.llIlion Ie ea.fortc die provisio.as of this Leue. tile prcv.ailíD& patty AllaU be œtitkd to recover aUl1.It.\$ØNABL1 HItI. ~NABLE cxaem~ aDd reuoaahIo 3Uor,neY" Iècs ioo:urred ill ~ with ItICb.litlptioa. 19. COIIflit1. !ø the """ DC 18)' COJÚ\Ìct betM:cn 1hc Leuc A~ 1Do! this 'irIt AdderIdum. Ibis FÌIII AddcDIIum sbaU govern. e_ (Tlte remainder ofíllll· papleO illlUtIohaIIy blaû) pa.ge 2 of j -=ÄV; I --~._--.'~- Agenda Item No. 1685 March 22, 2005 Page 23 of 32 n¡; W11'NSSS WJŒUOF, ..... parIÎcI haw IMnuaIo ~ CbiI ~ Cor Ibc purpoIC bacia ~ tbc dale ad JUt below writlal. WITNESSES: I..AM)LORD GrwWft .rN..... u.c By: ~vio M. Dwm Tille: It', J.bnaftt ....~- Dale: WITNESSES: TENANT Pad, Bw:IdIry. SdnIIa ".- .....IIIC. By: Jµ h-,w>-v.-. idle: (lA.A CJ ~~ ~ ~f /;,¥ . ¡'u- ";'1 i.!l ~...,.k,rfR '() I l~ I ~~Il(Jcic. -~ Dab!:. 9/J- (,::;- Page 3 of 3 -4P --------~ ........- -- ~.- «~~ . ".,~_,.o_-,~.,.··_^_···",,~v--'~" ---- Agenda Item No. 16B5 March 22, 2005 Page 24 of 32 - - 'OLD ON 'I."" T1W1 1U0R£ tt:M:tllD Açeount Number: 06884-71093 s..._ Dáu: NOV 13 04 \0 DEe '160' &or"'.. "''1*' u HI'Id I_doll.. n.. t .,": .IAN 20 21101 - ClWps '.10\10 Total Now OUt t'" ) .,IIIER STATEMENT """ 0.1&: DEI;'6 200< .or HIm.; P.OST BUr;;KUY S<:HUH Address: t711 TRADE CEHTER VlAY STE ,0 .IAN 011005 $204.87 ;:-Re.din¡;¡.....'.r =7<5 I Açc:ount Activity R....dlng 85Q; .P,..¡UUI SlilLemcn! 6a1ance 1&7.81 ',. Relding .. ';251 1 P.yrníU\' ~ece¡..d . l1iANK YOV t97.81CR led ïiii i llUllng tar £1.",11: VI. on RII4I: OS. 1 GENERAl. liVC NON.oEMANO 'y Usage .\..., Thit I Eleclr>c. SOrv1coArn<"",t 189.52'" ..!U!. V..r 0'0$1 Recolpt¡ Ta. t"etea.. 1.94 '1M.... ,440 --;ü2\ FIØlidasah.i Ta. \~A1 'YO 33 33 Currenl EI.c.tric. Char,.. 204.17 <IA 5& .des \he lo~owIng cI1Ir9'O: 11 TOTAL. NOW DUE: SilM.n . :;::-;~~h.I::~~.... ~"lh ,MeSSages I.':."::..';;'! " A late payment charge 011,5% will apply if not ~.d by .IAN 0&. toOS, '. so, ."" and vour accounl mlV be aut>ec.t 10 being bill.s.n additional deposit. .-. Vendorll -.ta~' DS~"'Iø<\~ YO\lcher# Project#~c;. 01 Tuk r~ .GUI <-jç.t:ï.i;t1 un~ TEt.f.PJiOltt .\lIAIIEII5 CUilom'" !I\lfVice: 1·800.~1¡¡'2~)4 Çf.5tI Oû\$¡~ Florida: 1..QO·22G·~54$ ~ To lI.port Pø....r (M~es: 1·&OO-40UTAC>!i (46j.ß24'.1) H....rll\GfSpeedllmp.lr.d: t.aO(043~,G554lmrrDD) \li.it FI'I.'t ~~SHe. 1.1 hllp:I/.........II\.l:Om 'WI'" ""(Jf,Im {'IUIT,'ba.r ltJ,Ny-...,hc.n c.atÚrnJ ff'l.. l~tó':zW7t \,,,"h' Co'~.tòlf\t ;, fl3J\02 ,.,- -"-~.~~..~_.~~..,._..,.__.~ -,--------.-.- I Agenda Item No. 1685 March 22, 2005 Page 25 of 32 :P:l.:..~.....:.'-":::":::":':' -~'": _._..........-'.._..~., Sprint~ Monthly statement: Dece","'r 13. 2004 , of 8 .. ..:....,. CU5to~r .ervice ,·800·786·6272 1m.mec address i:uStomer nurnber .p.iat.comJ\oc.lbi& 239-594·7275·637 .,." :.". . .. 3G95 .....~) I 3. 9~ \ "'¡CI' ... ...... 19 99 (¡) i, ..._?~ß'. / &'.....1.. CI><I.øu 35,31 0): J;¡ 31 ; !.:."~_ 00 J4 0' :-;;;~ I nd $",cm..,t. ~rX~:~çî{i.!~'~1~~M]}t~H~~t.~~~{#S t~.:,~fr;U~;:{~:.' ,-.'^.'. /~- 49.19 ?O'~44 ,;< - .; .--, ;} ~ :,_;'1.'", ~ ',;¡'.;;"'..-. ~-:;<- ."x'" 911 :'013\ .. 34.~1-~ Prøvious çh.rges P~y;n¿n' Nov.mbe, 30 - ThiJnk you! Balance 238.11 -238.11 .00 P~~~. Due: $23€j .4.~ ;I~~' Due.; 1~.2005: ,-- I\" 186 çJ ï.~._____ ì I ¡"',..4if-t1.44 ----I t: ~1~:~Ó¡·'~::1 @ Plenø recycle ""'"''''''lI"j''' I Agenda Item No. 1685 March 22, 2005 Page 26 of 32 '- .~~~:::""'r::_,,_._~, ~ .,,_. ~;;.~ ..zt~_~Jt~· sPritJ.t~ Monthlv .tat....."t: Dec....o., 13.200" 2 of I Customer s.rvic.t 1·800·181-4272 Inllmll add....s Cuuame, num"-, .pnM.COmJlo.,.¡.... 23e·aø.·7a71·0J7 nt InformatfBi1~;'~~1:¡(',~j;~~'~è:;;¡'..:r'<{;;; ~ ': ·N:· 't 'r;rt~:i" ':";~""1!;,r::~~f.,~~ '.der.1 r.~a1a'y news conelrNns you, comm..nlution ..."ices. ~¡lInll 10 .1011 and lecler.' ruI.... ¡oc~ plio"" ..rvic. cannal be Im.,nlpteet 10' ,_paynMl' I ol,ha lIe.UICII.......... .. 51. V.lid eN,g.s "'.,... nol f)aid, h_.~ c;su.. ....ailabI hv 0' ,..... be ,.."ided and .nay be SubjIC110 call."lon ee'i...... PI.... ""'tw.vaur bill IIIId "otity Spt1nt 11110';'''' charges 0' chang.. 10.,..,' oo<;ounl. For ",Ofl InIC>rllVdon .~ your bill pt.... call . ¡¡.,1Id a,,'" 'op 0' \his p.g.. (mponanllnformation on<Iibt CIiS_ ,......._.......rJ_ ·11 -".,..... .. ~, ",. ... ... "'..-... ~"... ..-,- ~,", .", .,", .. .... .. .... '" .~.' ," ... .... ... ... .......... '.. ~"__'~_.~._~_~'W__""'~_" r SpriQ.t., Mon'ldy .t...m.nt: Dec.n'ber 13, 2004 3 of 0 Agenda Item No. 1685 March 22, 2005 Page 27 of 32 CIIscom.r servic. 1·800..78&-112.72 Internet address CUltom.r numb.r sprin't.comAoc.lbia :::J8..aM~7Z75.e:J7 Sprint Local Sl!fvices Earn up to $2&,000 per eland, lead when yO\! sign up as a Sprint Lsad AeCorral Agon\! Visit www.sprlm.comlla.ds loday \0 aion up and start raking ín the cash! Detail of Charges for 239-594-n75:_D~ '3 - Ja~.22 ~k.1o!}..a Thi. .tIC""" Í/lCflJ(/es , ..riery øI vo"" ondIor <ill" _/Vie". combined ~.rh c,fling 'ulUte. /n OM si/npIIJ diS""....r.ð oHe/. Sp,inl SolUlions 36.95 ClInic So/<JIÍOtI in<;J<Jda: local øhon. s'",""" c>ll fOfWlfdìrtg. rlllee way ~lIing. i'nonyrnou.s 'I' "¡.ct;'n. "U.r 10, nllUf1I c.11 (·69) Monthly S....ic. C"'rgea lhi. ..c/ÎOt1 PfDvides . 5ummotY 0' ,n. montlJly ~ .nd long d,s"nte ..rvice3. incJurJinJl voic. ,nd dsr. s.IVic... . mtljoriry 01 poohgAO, ,_, roll ehIJl(}es .Ad c.lIíI1J1 f.,lUr... Direc. dial ch,,,oes ,42 ··:·?;:'~_':~~¡.~"·-:1:¡¡'F,f·'~~ "~.,, .I~ ~ ."t."!'~ ! otal Charges for 239-694-7215 S37 37 ¡..¡ í1emind ""tb 'I}1.~ ìhil~:JI,~...."",ain:. "ov~9 .. ~Ì;2 11M g¡..1 h.m\.od ~.II. ~Hln.... ·~..HUhl" ,n .10 '~BWø~~,~ .0 ~ :12 ,42 Detail of Charges for 239·594-3881: Dee 13 - Jail 12 Data S.rvic.. This ..eliøn includes ~..lInd /nforma/ion .«Vie.. 'iJt. High Spoed 0..,. tnd Sprint EIIftIIínk nIllM," Acctss. Hi~ll speed data 23;-594-3881 19.99 Monthly Service CII._ This .ec1ion proIIide. 8 Sumtn8Iy 0' rhe mon,lJIy ~ .Ad long dlsro"". .ervie.s, meWing \'DIce MIa "".. .IJIVÍC.., ,lIIfioriry of p6Ck.,glU, OC~J roll chatQe. .nd c.,~ f.~lllln. LOCI! phone service 1.5/384 Bundl Ea"hlink SgllMl\ 1YR DirecI dial cherglOS 239-594-3811' 23,55 10.00 i 1.24 Sp//ff Iðc" ..rvice. COnlir1uød 1IfIJ/t p.g. I _.._..~--... '~'__'."_~'._____'o;-.-N#___'''_<~^'V ~. :~. <LM ~1'" Agenda Item No. 16B5 March 22, 2005 Page 28 of 32 E" Sprint~ ..,.-., MORthly atat4l108llt: necemho. 13, 2004 401 a Custome r S8rvtt;e 1·800·788-6.17:1 1mer"_, adm.ss .print.ca...,,1oo."bb: I:"stomwr rmmb,,. Z3So884-7.t7!1·u1 Total Char9" for 239-594-3881 S114.88 i,l it."'¡Þd (aU. .h~~.£i .,........Ur..'....~_~>\Hjn m&&:..~..\'m.'fu~~.;J."';'uJj.-_·~~--ì'T ~·~ln..Hit~~i' ,·H·~~IM.I ~O'i 10 12:2. P FOIIT MYERS. FL 239·936-9.4& D'r 6.0 1~!~æêl~i~1~::ª;=fa )o>c 7 ¡:3. A FORT MYERS. FL 239·936-9U5 D.y 3.0 .01 dial ÍlemÌ1ed c.lI, ..0 :22 .10 ,10 ,10 ;1Q .22 1.24 ~ . .,¡.:,. \ I L TaJliua .nd Surchargc,. Thi. seclion iIIc/ud.. iedør.( sIBre and loc,l chll,ge~. FOlan e.'tpl¡¡t1stfot1 01 the ~h.Gtgøs "PPflarin¡ in this $4!(:,iO(1. e.fr )·SOCl-S38·1172 or vis;r sprlnr.conv'la.<'s Inlarstole acce.s .urch. rg_ Fedoral un'vernl service fund WiroloGS pon.bility .ulcllolgO Telecommunications I.I¡y lurcharga Emergency 911 surcharge Federal tox Lacal Comm. Services TII< SII'e Comm. Selvice. Tal< ~f;¡~;::(if~:;~:;:Jf~~~~{~~~~~+:' :~';::.:<:;:r~ ':~;7¡"{~:';~::~; . 14.78 8,54 .9_ .1S 1.00 5,00 3.50 15.28 Scrvice Changes and Cartier'Sclectôon~ . , This se",ion .. Plo'iìded to cQnvenienlly idenl IV any changits to your account sinee the last bill and 10 confirm your carrier selections. Summar,¡ for 239·5"'·7275 Cunene Rimer ..dections Local IOU: Sprint ,aui., trøz. no cnang& lo"ll dìslal1Ce: Sodnl t:3lfÎer itaeze no ch."!I'f Summary tor 239-594-3881 Currant urri.r ....lei:.tioMi Local loll: Sp,i,\! CSt';6f fre~le "10 chang. '."'iCe changes IItId cerri., seloc/ions COJ1litluad n.,1 PlIO. r-' r sr · t Pl1l:l . Agenda Item No. 16B5 March 22, 2005 Page 29 of 32 Monthly ...,__ Dac.........13, 2004 Sot a CustOl"nttt ..ryic:. '_7....Z7;;1 "1\.m.~ addr... l:ustotNr """,ber .""'nt.comIIOo;IIIWa ;z:a.-alM·7Z711.037 Summary for 23.5""3&81 CurT.nt ..."ier MI.ctlo... Long dlll.nee, Sp<inl c"rj., ".,.f, . noc¡"i'IgfI - ''''.rnt\ add,.s, Cuslomer number www..prln~c.... 23.'_7275·':17 Agenda Item No. 1685 March 22, 2005 Page 30 of 32 §print" Montblv stAbnlont: Deumber 13, 2004 G .f 8 l!þ!Ï1I! lanD O¡"t8t\ce 1.aOO·ß17·AO;r.O'·: \·t:r~,":::~f Summary of cunent charges Invoiau charg..: Nov 27 long distance en"rges Olhel chargas and cr.dils T.a~es J)Ð 14.Ð4 .94 '~,:.:;,:;:<' "'·"~;>.~:?\F}'->(~: .T~t.i ~~~~,,~~Iong tJ~.~ ';'.'_~":'::.):';"..< - ;'\,;,-r·~...;,.:::. :__.:;:';:_:;:::~~,(' V throu¡¡h Nov 27.2004 Sprin¡ .ccountIO: 06082636B5 Sprint in~Dice: 1120'647 nc. ch..g.' ,or 2:19·594·7275 ~f~:lI:IOI~"Jllm-·---.'m::1'I,}.otnIl'ir.:nnr.r- 1~ltmntW _h¡I.o1II... 12 9:31 A FORi MYERS. FL 239·70y.om Cay , 0 .00 I 2)·;Ú...~~.';.3 .À:.~:~·~~íí,{~[~i.8~1~.~.w;~~!¥~mÖ~~B.it%1$r1!.,~1;Q'f"~ä5W¥.:øö ;:~':':"~;:;~,:: ~~tfF.i~'i~~;Ü~~iAgf*~l"Æ~~!:)l:W:~iMji:i£f: 12./" .1':28; A.. T~~\r~'M 8t:J:2~~"'~~';;;;i.W:'i".0a.r:;~¡:..,tJ'i'.:~:\¡}"'Ü'f:: t'~'~':;f:;~V'<.'OO /2 >"...t1.28 A .TAMItACNT.R¡'¡,'t'k..JI1W2"'I!7~;"."".""..:":Q~y...,,,,;,,'\1;\.,_:,_><..,,?CLI¡,.".,,,...,,.,.,,..,.OO : ;:\"{:,·:~:;,,:¡~~~~~&~:~):'~l~~$.~~.\îi.MWt~)~Q¡*~m.;¡1&~z~~h:~¡1;fEf(~l~H¿: fi:t1ir . MCMINNVL' TN, 9:S1:~'3-843G,." Evel\\ng .. '.~O. . ," ..,. ' .00 ÌI"1.A;ÜVIr.ì\';$TOrj;;xTN·!r¡!,i,1,.H1.\\¡i';~'Ä1';,ti.¡ÿt~'@¡[¡1J}~W!iV'¡;';V,11,.Ó;i~;E[;'<;!!~:;"'00 , A M5 P . ,LlV!Nq.~T9":,T~p,:ß.:s."a.~~0:,:,,;/;,O~~",q,r;,;;:'¡,,;p;.!S',j"}O' ,;,.,;¡:;.}.:;,oc;/,:OO 1.4/';" 2.08,P ·C:P,OKE"'Ll~. TN,~r;<~,3l·~'att;;~·_:',~,--, "Q.ÿ.¡"f!IÎ:i';':¡;'¡;'!<-¡":;~'..i";<';O{,·~:><:';~'¡";¡;I;",:.f~- '..00 :..~,.' ...~;~~'~ . :t~~~~~j~~1:t:;:t~;~j~;;lj;'\~}¡;;~~~¡T~\Wl~Ä~~ù¡"'¡jJ:Ó'JLti;'.j:;f:;G::::~ " · . ; 2: <7 P .COCi~.6YI~L£.:TN",.!Jn·S~'9fi81..",;,.'.:j~";:'C~~"!'+ii,"'Æ\.¡";"'in!'~', .",>\, :,o"~'''<,~¡ii.'¡?i''':· QO ,,4 ...3.09,1' UHtc.HACA$;,·fl,)¡1:21239o$&IFI.\69"è.· ...."",·Dliv,&·w..¡;¡"HfS",,'þdM,..J .0"""",w.""",OO ",5 .::151' MCMiIolNVL. TN 1131-413.8436 . Oa)' .:.0 ,DO <1;",5 ::{ ;> S~O {p -.<coo~€vn:i~_~:rrtJ~Eßì_1,SlíøØ1"i!'1~(f~ixi~."¥fQMrJ~i~i~jNf&~~f.! ~\f~~;~~~a;i~S¿~~oo- . 16" ,.3'M~OFlr M't'tItS. Fl . }3fH07:4YS7 .. ..pay . , . ,. ,.' ,0 . "" ..110 v '6" ~,-;¡, "';$ 1)1 ,- FOfrr'MVEAs'rF¡)~:\>::39~1Ó7;()757Y;~~S::~;0,D.~;:,fp~~;r::~>Jf~~·~,t?"~~;irHF,¿~;r\~1t~:~:' ,0(} _Iii S:~1 P ARCADIA. FL 0&3..,..6572 Even,".!! ~.O .00 q/". 7;29 A, FÓij'f·M~iišF."WIt~~MJii71V"'~}JtiliM1'-1~ÌÎ.1';~iß)~~ØQ 9 ",5' A VENice. FL 9.1-'&'·20119 CIY . .0 .00 - ":.'$:".".J 1:S3A 'veNiëe::f.il~~~i;~JiŒji.4i4i.~~}:(;t;!l~if~~lm\'i~0k;Æ¡:;fi;,;i!j~;<§i;!(;B:ii.W,iXi ~~; ;<.;~~:~ .::~~~~ifðk~\¡:;[~n.r¡~~~~:;:~~i\\B*'¡;¡;~~1£j'''1i~J~;,:{)ig~ ,,~2 . 3,50 P FORT MYEIIS, FL . 239-707-0757 , . , DIIY .. .. . 1,0 ", ". .00 v>23 ':~'~";':~1:2S p. FOÁT. Mvel\sTF.~tm,:!,:239.707.~0757~~\;.'~é;:~>:b4i(~t:;jt¡!r~~~;:~!:-~~?j;o-;'t~},,~;;!:~, '" :00 jislDnc" cherg"s for 239-59..7275 5,00 mc. charge. for ::19·5.94-3811 H -lhlla_:JI.llCl.Ziilalršn .1nYmfl:.l....llm ,:nrnm ~ 1~rn1.u. '1iìhJlht.. 1.:z9 . 129"[.;, :'~'.:'::. ,v3 'v 4 ,w II B:SAA 8,56,0 '0:56 A . 4:S0 r 9:111< 2:591' ':.0," ~~~'~h·;>.,;:.:,."",33..,2!·~~~¡:·r~Wf%:;;';'.)'"~n¡¡¡¡""~;¡H¡;~¡F::;!f!""'1"~";'';;YF'fi!';~OO , . ..-r.-""''',i..,.~,:;..:>'h;('''', ~,~',¡¡;ioI!'~'~~""':¡(~"""""lt)A, ,.,lA¡ç¡p¡i~{",...~,,.,.~...",,,,J;b":"-" ,.1, ,,;'I:m,¥j{<.~<.\!,~,,1:,,·,~-.,r, V~NICE. .~~. ...,.....". \I;4,.C84:m?..w ·.·..,)~~r~;':!!i<J''""~'iJ:h'F;¥.. '.p}~~¡;r'"'''' .~..' .,.~~ "AMF>A~l;íælJ}.O.~~i21~Ii'7,~a.:i'~:~"1':Q.Y.<~1U;¡~n\\i..I;II"d.\\L'Û~~"OQ ~~~t;':fi.i¡miii~:~~¡1W!~;2~g¡V.{;:šili~;¥¡r;&~iij¡:;i~~~*Nki¥(;2:;óii FORT. MYERS. FL 239.936-9..' DaV U.oo ; oo.c.18 03 Sprntl /01111 dirll_ c/vrrIft c:omìnued MJ(/ /lAfIII \ . H. p.g. 2 for exptilMtion I -- Sprint$ Molltl1lV .,at.ment: D_1Mr 13, 2004 7 of a Agenda Item No. 1685 March 22, 2005 Page 31 of 32 Inl.m~ .clcllI.. _..prlne.co.. CUllomer nOMnt>er ;:~"1M-727~7 -'a} Ibli-_!Jhl....,'~..nt~ ~'mi'i1.¡;.¡..MIl'!: ~.;;.'~ô,'i1:;,'OO A.TÄMPÄClffriC Fk);ií,3·'II1·9331:/: ~ov '2 ';22 P VENlCE.I'L 9. '''8''5511 ~ø.vjj:lli;¡:';"13 þ'.';:NAsHVRi;L'1iih1}8~~iW1~2f; \lOll ,. ei;21 A NASHVI\.Le. TN B\!>-B7c.at9t ~¡;;2i.Mb;!i8 p';¿î;ÄMp~t;rII(;,fi;Kr1íi3,28ì~'4Ú"; \lOll 24 ¡,~ A CLEARWA'THI. I'L 727·~1-6062 II dI._ charo" lor 239-59.-3881 III oII..,.nca cIIlfll" .~_~, _,' _" _ i'<~~'nlJ,~ . ~\tI"'~I~'" :·:~)N¡~~vW~¡kitrtd:~tŒ.~t1.:ø~l¿t~1·~lj~··~: ~OO .. .. ~(~NiW¡'~;¡íid?å:~J;: "~:;iir;x,()}¡,:;!':.~ h~1~i~7£}li0~{~L'~;~~~0~~ Or{ 3.0 .00 $.00 1.00 0111... chal'9l$ and crØiU CARRIfA UNIVERSAL SVC CHARGE PRESU8SCRI8ED LINE CHARGe PROP TXlRECI FEES/USF ADMN SPRINT BLOCK OF TIME MONTHlY CHG FL COMMUNICATION SVC TAX Totol other charge. and c,edit. 2.60 4.10 .1>8 24.00 2.86 $34.0<1 Tlxes Fedel.1 TOlalt.x.. .94 $.$4 , . eM ........ " '- ..N......t...... ".......P.^___..__··,~_'"'_,·,.,.·_.".~'"mc..',"""._~"'...~ ~ ._'~.'.N.-H.""...."-"O>......, --.,--.,'--....,," _ :_"'1,"0." Agenda Item No. 1685 March 22, 2005 Page 32 of 32 ~ Sprint$ Monthlv "a,emllflt: D_",be~ 13, 2004 a 01 8 C"'Slomltr $l!l"tilce 1·800-786-0Z7Z tnt.met 11I"...n CUltOtt1,« number sp'lm.com/Ioaalbiz 239·194-7Z75·8:17 'm~" fíJ.t),l-.,''$ ") .: "'t~ '\""'".... ¡ .....: '\A-<" ~ ~ ¡" I .' ft ' ." or. Vou Diy ,.Ip prOI.." lhe I.¡.phone network olloinst occid.nlol 0111111" Irom ..bl. 'u\& by calling lIIteSI (8 .10rt you diO OJ d,OI.loll-lr..: 1-8Ðo-U2-(770. w.willloell. Þuli.d ..bln fa,vou Ir.. olchOlIl" .-. ...-.....~.......... ,."",-... Agenda Item No. 1686 March 22, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (1) approve rescinding Resolution No. 2004 - 211 for a Local Agency Program (LAP) Agreement with the State Department of Transportation in the amount of $262,500.00 for the purchase and installation of a prefabricated pedestrian bridge over the Golden Gate outfall canal on CR 951: and (2) approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a LAP agreement for the same amount of funds to be used for the purchase and installation of two prefabricated pedestrian bridges over the Santa Barbara Canal located on Golden Gate Parkway (CR 886); (3) authorize the County's contribution of $75,000 for Design and $37,500.00 for Construction from the Gas Tax Fund and approve a budget amendment to appropriate these funds; and (4) approve future fiscal annual costs of the bridges' maintenance and all necessary budget amendments. OBJECTIVE: To obtain approval from the Board of County Commissioners to rescind Resolution No. 2004 - 211, which approved a FOOT Local Agency Program (LAP) Agreement for the purchase and installation of a prefabricated pedestrian bridge within the C.R 951 Right- of-Way located over the Golden Gate outfall canal; approve a new Resolution which recommits and re-al1ocates the use of the LAP Funds for two prefabricated pedestrian bridges over the Santa Barbara Canal, to be located on both sides of Golden Gate Parkway (CR 886); and to approve Collier County's contribution of $75,000 for Design, $37,500.00 for Construction, and annual maintenance. CONSIDERATIONS: On June 22, 2004, the Board of County Commissioner's Chainnan approved Resolution No. 2004 - 211. The Resolution stated that a Prefabricated Pedestrian Bridge was to be installed within the CR 951 Right-of Way over the Golden Gate Outfall Canal for a greenway project initiated by the Parks and Recreation Department along 951. The Parks and Recreation Greenway Project is not ready at this time and therefore the transferred use of these funds from the 951 project to Santa Barbara Canal allows the County to make the best use of available FDOT funding. Pedestrian bridges are needed at the intersection of Golden Gate Parkway and the Santa Barbara Canal. The Florida State Department of Transportation (FDOT) will provide Collier County up to the sum of $262,500.00 for the purchase and installation of two prefabricated pedestrian bridges over the Santa Barbara Canal, to be located on both sides of Golden Gate Parkway (CR 886). Collier County's contribution is $75,000 for Design and $37,500 for Construction towards this estimated $375,000.00 project. FISCAL IMP ACT: The total project cost for the two pedestrian bridges is estimated at $375,000.00; $262,500 will come from FDOT and the County's contribution of $75,000 for Design and $37,500.00 for Construction to be funded by Transportation Gas Tax, and an estimated $1,000 in annual maintenance to come from the MSTD General Fund (111) Landscape. Agenda Item No. 1686 March 22, 2005 Page 2 of 17 GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners (1) rescind Resolution No. 2004 - 211; (2) approve a Resolution authorizing the Chainnan of the Board of County Commissioners to execute the LAP agreement for the same funds to be used for the purchase and installation of two prefabricated pedestrian bridges over the Santa Barbara Canal along Golden Gate Parkway CR 886; (3) authorize the County's contribution of $75,000 for Design and $37,500.00 for Construction from the Gas Tax Fund; and (4) approve future fiscal annual costs of the bridges' maintenance and all necessary budget amendments. PREPARED BY: Mindy Collier, Project Manager Date Item Number Item Summary Meeting Date Agenda Item No. 1686 March 22, 2005 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 Reçom!1lend~tion 10 p) e:pprove rescintiing a RP.'!>ollltion No 2004 - 2'11 for ß Lor-<11 A{]C'!ncy Program (LAP) Agreerrlent with the S~atp. DepArtment rA Tnwsportatiol1 in the arr1Dun! of $262.50D,00 for the þurch¡:¡se <':Iml inst!Jllation of e prefabnCÐted pedestriaf' b!icge wiltllr1 Hie CR 951 rí{Jhl~[)f-\"av O'll;'r the Golden G;)tF. autfa.1I canal and (2) appm'W II Resoiution rippro'Jinq, and authoriz.ing the Chairman of the B08n:1 of County CflITlmis$ioner.:: to exef".ute the Rcsoiution for tile same hmds to be used for the GQnstructiotl of water crossings IQcated o\/o;r the Santa Bflfb3rõ1 Cana! ioeated on Gok1en G!Jtf' Parkw3Y (CR 886\: (3) flllthorizf.' the fiCv;ncF. of tt1e $:262,500,00 and the County'~ conlrihllU'Jn of $75.000 for Dp.äign and S37,50000 !úr Con5tructlDI1 from the Gas Tax Fund and (4) .approve fulurt" fiscal af1l1uai cO'3ls of !h~ bli~lges maintenance and aU neç€ssar,. budget amendments. 3/22/2005 9':00:00 AM Mind).' Collicr PaUIW;1¡y PrDject t~¡¡1!3Q!!t 3F7120as. 2:49:51 PM Prepared By rranSPQrt~lon Servl¡;es Date Alternative T-r;!rlroport.:¡tkm Mod~5 Pathwuy PtOJfH.:t M"mager Date Approved By Mindy CQllier Tran5por1ation Servj~5 Alternative Tran:¡.portation Modes 3f1{20Q5 3:42 PM Assistant County Attorney Date Approved By JeffKlatzkow County Attolfley C(>unty Attornt'y Ol'!ice 3/9¡20GS 3:53 PM Ä<:çouullng 5up~rvj~ur D/.It~ Approved By Sharon Newman Transþo-rtion ::>ervice-s Transpurt<\tion Administration :,;r:¡!ZJ05 5:Hì PM Transport..t¡on Division Administrator Dale Approved By NOl'm E. Feder, A¡Cf" Tratl$portiOI1 Scrv)(:I.'!S Transportáiion Ser\lil~(!s Admin. 3/1 Qi20fJ5 12:51 PM Oiõln~ B r¡.,gg Dat~ Approved By rrar¡¡;portieon Servì~e:¡¡ OI'eclul of Alternative Tra.nspurtation Modes ATM Oir4.,,~tor Alternahve Tral1sportation Moue¡ 3r10/100S 2:36 PM Approved By Pat Lehnnartl Transportation Sr.rvkes Executive Sè;cr~tary Oafe Transportation Services ~\dmin :\,I10i2005 3:38 PM OMS Coordinator Administrative Auistant Date Approved By Courtly Munagcr',¡; Dfti¡:~ OffiCI;! Qf Mana!1~ment & Budgcl J!11!2005 10;01 AM Approved By Su,;an Usher County M11nager's OHio\!! Senior Ma"<I<J~m~n!lBlId9~1 A_nal)'sl Oale Oftice of MlH1s.;¡ement & Budget 3114/2005 1Q:1\I AM M¡wagement 8. Budget Direçtor Oale Approved B)" Michae: Smyi<owski CO\Enty Miulager'!> Of1ke Offic~ of r,;',,')F1ugNnenl ¡¡. Ð~ldgel 3/\ fjf2005 11 :44 AM CO"'"t), ManagN D;¡t~ Approved By .Jam~s V_ Mudd !:3uarlJ of County Commissioner:;; Counly MQnancr's Offir:e 3116rZ005 1;25 PM -......¡ Mar-OB-DS 04:12pm FrOIl-Collllr County AttornlY +7140225 T-614 P, 002100f.~Wtla Item No. 1686 March 22, 2005 Page 4 of 17 - RESOLUllON NQ.1.005 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIQNERS. COUJER COUNfY. FLORIDA, (1) REPEALING AND SUPERSEDING RESOLUTION NO. 2004-211. WHIŒ RESOLUTION APPROVED, AND AUTHORIZED THE CHAIRMAN TO SIGN. A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF tRANSPORTATION FOR THE PURCHASE AND INSTAlLATION OF A PREFABRICATED PEDESTRIAN BRIDGE ON COUNTY ROAD 951 OVER. THE GOLDEN GATE OUI'FALL CANAL, AND (2) APPROVJNO, AND AUTHORIZING THE CRAlRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUI'E. A LOCAL AGENCY PROGRAM AGREEMENT W1iH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE A..'lD INSTALLATION OF TWO PREFABRICATED PEDESTRIAN BRIDGES ON OOLDEN GATE PARKWAY OVER THE SANTA BARBARA CANAL. WHEREAS, by Resolution No. 2004-211, the Collier County Board of County CommissÌonef$ approved, and authorized its ChaitmaD to execute, a Local Agt:rlcy Progl'!JJl'1 Agreement with the State of Florida Depanmcnt of "lTtnsportarion (FDOT), in which ap-eemcnt FOOT a¡recd to reimburse ColÜer County up to Ibe sum of $262.500 of the estimated $300,000 cost fOt the purchase and installation of a prefabricated bridge within the C.R. 951 right-of-way o,vel tbe Golden Gate: outfall canal; ¡md WHEREAS, Parks aDd Recreation, which was 10 utilize these brldaes far me purposes of a Greenway Project, is not ready at this ùme to COJDIDeDCe this Project. and bas accordingly released these funds; and ....-..." WHEREAS. FDOT is willing to rea!1oone the$e funds by entering into II Local Agency Program Agreement ("Agreement") with Collier County. whereÌD FDOT will reimburse Collier County up to the sum of $262,500 for the purcbùe and installalion of two prefabricated p¢estIian btidges on Golden Gate Parkway over the Santa. Barbara CanaJ; and WHEREAS, th!: Colliet' County Board of County Commissioners finds that It is in the public ìnœre$[ to install both of these pedesnian bridps. and that tbis Agreement Ìii in the best interests of the citízt:rls of Collier County. NOW, THEREFORE. :BE IT RESOL VEn BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. Resolution No. 2004-211 Is hereby repealed and SUpI.'rSeded by this Resolution. 2. The Board of COIDlty Commissioners approve" and authorizes Its CluliIman to sign, the alUICbed Agreemeut. 3. A cenified copy of this ResO)UbOtl will be focwarded by the Collier County Clerk to FDOT along with tbe A¡reemetlt for execution by PDQT. 4. This Resolution sball take effect imIYIediarely upon adoption. THIS RESOLUTION ADOPTED afteI JDOtÌon, . ~er:ond, and IDI\iorlty vOte favorin¡ SII1De. this ~dayaf ,2005. A TTBS'I': DWIGHT E. BROCK, Cled: BOARD OF COUNTY COMMISSIONERS OF COUJER COUNTY. FLORIDA By: FRED W_ COYLE, Ch"irman , Deputy Clerk .- Agenda Item No. 16B6 March 22, 2005 Page 5 of 17 State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJ MGT, RESEARCH & DEV OFC OGC - 11103 Page 1 of 12 FPN N0412627-1 Fund: XU FLAIR Approp: Federal No: 7777 116 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 596000558102 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 aqencv of the State of Florida. hereinafter called the Department, and Collier County; 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 Bridae - New Structure and as further described in Exhibit "A" 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 will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A,S are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requiremènts: 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 all 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 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 with the terms, conditions, and specifications of this Agreement shan be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/29/2006 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 will initiate and consummate, as provided by law, an actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. ---.---. Agenda Item No. 1686 March 22, 2005 Page s¡t5(j o14Ø PROJ MGT, RESEARCH & DEV OFC OGC - 11103 Poos 2 of 12 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such 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 $ 300,000.00 . This amount is based upon the schedule of funding in Exhibit "B" 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 funding may be modified by mutual agreement as provided for in paragraph 4.00 of this 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 Federal-aid funds which are limited to the actual amount 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 -~on an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, .1ds 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 will 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 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 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 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 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. .~ere correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld il.compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation . parcel or project costs in part or in total. . ~__" ..u..__.___ Agenda Item No. 16B6 March 22, 2005 Page5f5~f01"V PROJ MGT. RESEARCH & DEV OFC OGe -11103 Page 3 of 12 For 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. 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 obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written 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 "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 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 shari 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 costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 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, 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 federal 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 an9 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 OMB Circular A-133 is not required. 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 OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB 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. 16B6 March 2~2~~ PROJ MGT. RE~ @C§'fqF,C OGC -11103 Page 4 of.12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation 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 recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5,05 Inspection: 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 inspect all work, workmanship, materials, .payrolls. records and to audit the books, records and accounts pertaining to the financing and development of the project. . ..e 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 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 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 resulting 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 (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach -'""'-Gontract by the Department. 4_.·__·____·_·_______..._·. -~~----_.._-----_.._-_._---------- Agenda Item No. 1686 March 2~ 2005 Paqe <r~or1 PROJ MGT, RESEARCH & DEV OFC OGC -11103 Page 5 of 12 7.00 The Department's 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 carrying out of the project and payment of the eligible costs. However, notwithstanding 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 have made 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; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize 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 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 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 by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of 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 thé Agency is not satisfactory, the Department shall 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 not affect the time period for completion of this Agreement. If the Department requires termination 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 include any or all of the following: (a) necessary action to terminate or suspend, as 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. 16B6 March 22¡2~ PROJ MGT, ~Ft t)cœv ()Rf; _ OGC-11/D3 Paga60112 ..l1posed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing 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 Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any 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 Department. Failure 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 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 all 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. -''.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as -,tined in applicable federal and state regulations, 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 shall 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 fed,eral 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 necessarìly 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 transaction," "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 Department for assistance in obtaining a ~py of those regulations. Agenda Item No. 16B6 March 22, 2005 P age 151zfQfióWO PROJ MGT, RESEARCH & DEV OFC OGC-11103 Pege 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,· provided by the Department, without modification, 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 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 non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which 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 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 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 connection with the performance 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 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 following: 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 all contracts modified 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. When 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 Civil Rights Act of 1964 (42 U.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 Civil Rights 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 all 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. 16B6 March 22, 2005 Page 1~5EJIIicJ!.4P PROJ MGT, RESEARCH & DEV OFC OGC ·11103 Page B of 12 12,04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit abid on a contract to provide any 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, supplier, subcontractor, or consultant under a contract with any 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 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, supplier, 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, 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 localíty 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 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 during his tenure, or for two years thereafterr 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 loss incurred in connection therewith. The Agency will 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 Waived: In no event shall the making by the 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 applícable 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 application for the financing -reunder. ,~,.._-=.." - . --_._,._-------~- Agenda Item No. 1686 March 2~~ PROJ MGT. RBíI1,JeHUdo1=l OGC -11103 Page9of12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision 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 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 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 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 claim 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 faifure 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 it!? 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 768.28, Florida Statutes, or any similar provision of law. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the 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 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 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 of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. 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 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 Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural fonn shall extend to and include the singular. All 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 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 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 Joan, 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. 16B6 March 22?5ð:OOö PROJ MGT, R~H'\at¡af d=c OGC - 11103 P.og<t 10 of 12 .' any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or 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 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 grants, loans, and cooperative agreements) and that all subrecipients shall 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 G> will 0 will not maintain the improvements made for their useful life. 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 available 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 dollar ($1) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency _I"eparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly T1pleted 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 Comptroller'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 form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller, Agenda Item No. 16B6 March 22, 2005 Page ~CI¥V PROJ MGT, RESEARCH & DEV OFC OGC -11103 Page 11 or12 FPN NO,412627-1 EXHIBIT A Project Description and Responsibilities This exhibit torms an integral part ot that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collíer County Dated PROJECT LOCATION: On the portion of the Golden Gate Parkway which is over the Santa Barbara Canal. The canal is between 53rd Street SW to the west and 50th Street SW to the east. The project 0 is (!) is not on the National Highway System. The project 0 is (!) is not on the State Highway System. PROJECT DESCRIPTION: Construct and install two Pre-fabricated Pedestrian Bridges on Golden Gate Parkway within the county road right-ot-way over the Santa Barbara Canal. The Golden Gate Parkway Pedestrian Bridges will be along the southerly and northerly sides of the Parkway. 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 04/05). ---- - -,.--.-- .·U..____ __+ Agenda Item No. 1686 March 22, 2005 Page 1 Qdi~ ATTACHMENT PAGE 1 Special Consideration by Agency: All work to be conducted outside of the Department Right-of-Way shall 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 Acf' b) FOOT "Project Development and Environmental Manual,"where applicable c) The Local Agency Program Manual The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the project, the Department will have forty-five (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 04/05). ----... Agenda Item No. 1686 March ~~ijQP PROJ MGT,RE~ ~ lEý)f¡Æ7 OGC -11103 Page 12 of 12 AGENCY NAME & BILLING ADDRESS FPN. NO. Collier County &TAn Of' ~1QoI. DlPNlßIÐfT )II 'ftANU'OATA11OM 412627-1 LOCAL AGENCY PROGRAM 2671 Airport Road AGREEMENT Naples, Florida 34112 EXHIBIT "8" SCHEDULE OF FUNDING PROJECT DESCRIPTION Name Pedestrian Bridges Termini Along the Golden Gate Parkway Length N/A FUNDING (1) (2) (3) TOTAl AGENCY STATE II TYPE OF WORK by Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS P.E. 2003-2004 $0.00 $0.00 2004-2005 2005-2006 Total PE $0.00 $0.00 $0.00 RIght-of-Way 2003-2004 2004-2005 2005-2006 Total Rinht·of-Wav Cos1 $0.00 $0.00 $0.00 Construction 2003-2004 2004·2005 $240,000.00 $30.000.00 $210,000.00 2005-2006 2006-2007 Total Contrad Costs $240,000.00 $30,000.00 $210,000,00 Construction Engineering and Inspection 2003-2004 2004-2005 $60,000.00 $7.500.00 $52,500.00 2005·2006 Total Cons1ruc:tion Engineering $60,000,00 $7,500.00 $52,500.00 Total Construction Cost $300,000.00 $37,500.00 $262,500.00 ESTIMATED TOTAL COST OF THE $300,000.00 $37,500,00 $262,500.00 PROJECT The Department's flscal year begins on July 1, For this project, funds are not projected to be avellabla until after The Department will notify the Agency, In writing, when funds Ire available. July 1 at elch fllcal year. *No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon * legislative approval. Agenda Item No. 16B7' March 22, 2005 Page 1 of 3 . ,~.'~""..., EXECUTIVE SUMMARY Recommendation to award Bid #05-3771 "Secretarial Services for Advisory Committee Meetings" to Manpower Temporary Services for an estimated amount ofS25,OOO,oo. OBJEcrIVE: Award Bid #05-3771 "Secretarial Services for Advisory Committee Meetings" to Manpower Temporary Services for an estimated amount ofS25,Ooo.OO. CONSIDERATIONS: On January 10, 2005 the Purchasing Department sent out thirteen (13) notices for Bid #05-3771 "Secretarial Services Advisory Committee Meetings". On February 3, 2005 one (1) bid was opened. Staff reviewed pricing. A copy of the bid tabulation is attached (attachment #2). Staff recommends that the Board of County Commissioners approve Bid #05-3771 to Manpower Temporary Services for Secretarial Services for the MSTU meetings. FISCAL IMPACT: Funds are budgeted in FY 2004-2005 in all of the Beautification MSTU Funds. Rates will be as follows: Hourly Rate $31.24" Photocopies/each $0.10, and mileage $0,375. For an estimated annual expenditure of $25,000.00. ,.- GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award Bid #05-3771 'to Manpower Temporary Services fur secretarial services for advisory committee meetings. PREPARED BY: ,Bob PeterBen, Project Manager, Department of Alternative Transportation Modes ATTACHMENTS: Bid Tabulation .- AgendaJ~':-d, ~~·.1î~~ Page 2 of 3 COLLIER COUNTY BOARD OF COUN'IY COMMISSIONERS _. MMllng Date 16B7 Recommendation ta award Bid jQ6~3771 "Sf)("..retarisl Servlcet tor Adytsory Committee Meeting~· ta Manpowftf Tømporøry SeNlr.es. 3/22/20059:00:00 AM . 110m Number !tom sum"",,., Prepared By Date Lb De I.eon OperatiDn" CoordinatDr 3191200511:32:65 A.M Tr.n&portation S.rvice. Alt.rn.,tvlt Tran.port_ion Mode. Approved By Sharon Newman Accoum.lng Supervl~' Dote Tr.....pnftlon Sait'Vìcea T tln.port.Uon Admlnl.trlrtion 31912(105 ..: 35 PM Appro..d By 9mnd.8rflhart Pur<:t-c..I"D Agont D.tf! Adminl.tratlve Servlou Purchasing 3JQl2oo64:3& PM Approved By Steve C~t"ell Purcna.lng/Generlll SVea C¡,.ctöt· Data Admínl.tr.tive Service. PurchuinIJ 3181200& 4:59 PM Appro..d By Mike Hauer Acquili1lon M.n.g~r D... Admln¡.tr.tive S8rvlc:.. Purchull\\J 3/11120055:11 PM Approved By Dillrryl RIchard PI'ojat.1 Wan agel D... Tr.n.portlon Servle.. Tr.naportltíon Operation. 31101200$ 11 :00 AM Approv.d By Nom' E. F~e'. AICI' Tron.portltlon Dlvi.ion Admnl,tr.tor Date Tròl".portIOJ\ Servlt:.nl Tran.portatlon SftfVlr.e.. Admll'l. 3110/2Q0511:31 AM Approved By Diane 8. F'1.gg Olrlll~or of Altetnathta Tr.".porlatlon D... Mod.. A TM Director Tr."apnt1loQ 5ft1VIC:etII Altltrll«tlw T,..,..portttloM Mod".. 3'1011005 2::17 PM Approved By Pst lehnhurd E xccuil"'. Sec:r.tary D... TranwporUtion $h.",lo.. rranaportltlon S.rvic.. Admin 31101200& 3:40 PM App......d By OMS Coordl".tor AdminlatrltiY. A..¡atan1 D... County Manage", Office Office of Manlloement & Budgflt 3/111200510:13 AM Approved By Mark Inckaon Budget Anlll)'st Date Coul\ty Manager'. Office Officlot Managltmlltlrt &. BUdget 3(14120058:65 AM Approved By Mich..1 StTlykOWlkl Mun"Ulllltlønt 8. BUdg81 Dlr.ctor D... County Manager'. Office Offica of M8n,,,amG'n1 & Budgcr1 311412006 10:'" AM Appro..d By Jamel V. Mudd County Man."., D.... Board of County Ca~l"ty ManaøIÞ"" Ol'f'lu 3/18/200$ 8:36 Þ.M Comml..lonen - Agenda Item No. 16B7 March 22. 2005 Page 3 of 3 Project Title: Secretarial Services for Advisory Committee Tabulation for Bid: BidN05-3771 Project Mgr. Bob Petenon Openjn1! Date: 3-Feb-05 osting Date: III 5 ac ~Iles ent: 1 DESCRIPTION Manpower Hourly Ratelhour $ 31.24 Photocopies/each $ 0.10 Milealte $0.375 Prompt Payment Terms Addenda received (if applicable) NIA N/A Buyer: Brenda Brilhart ./' I' - fi - I' 2'... ~ . Witness: Janice Vermillion I...V£.I1Ii ¡It ð) 1/" ^.AI U/J.i ) () P Notices Sent 13 Packages Rec: 01200 PleaS Page 1 of 1 ,-' ,- Agenda Item No. 16B8 March 22, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve the updated "Collier County Landscape Beautification Master Plan" and revised echedule for fiscal y..... 2008 and 2007 and the necessary budget amendment. OBJECTIVE: On April 22, 2003, the Board approved the ·Collier County Landscape Beautification Master Plan" for arterials and collectors within Collier County. The objective of this executive summary is to present an updated plan and schedule revisions of landscaping projects for arterials and collector roadways in Collier County for fiscal years 2006 and 2007. The revised landscape installation schedule is based on the Transportation Engineering and Construction Management's five (5) year road construction work plan and the F.D.O.T. (Florida Department of Transportation) work program where landscape installation follows road-widening projects. CONSIDERATIONS: The following schedule revises "Collier County Landscape Beautification Master Plan" to immediately follow the road construction project acceptance (See attachment- Landscape Master Plan Schedule). The following landscape projects are rescheduled: · Immokalee Interchange · RaWesnake Hammock (Polly - Collier Blvd.) · U.S.41 North (Wiggins Pass - County Line) · County Barn (Rattlesnake Hammock - Davis Blvd) · Goodlette Frank (Pine Ridge - Golden Gate Parkway) In addition, the following fiscal year 2006 landscape projects are revised in the following manner: · Pine Ridge Interchange will be planted with trees at the edge of the right-of-way to avoid future road widening conflicts. · U.S. 41 East (Barefoot Williams to Collier Blvd.) FDOT reimbursement funds will be utilized for landscape construction of this segment and design funds in the delayed US 41 North project will be utilized, as FDOT did not budget design funds. FISCAL IMPACT: A budget amendment is needed to transfer $40,000 from U.S. 41 North (Wiggins Pass to County Line) design funds to U.S. 41 East (Barefoot Williams to Collier Blvd.) design since the US 41 North (Wiggins Pass to County Line) is rescheduled. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board approve the revised schedule and funding for the updated ·Collier County Landscape Beautification Master Plan" and approve necessary budget amendment. Prepared By: Pamela J. Lulich, RLA, Project Manager, Alternative Transportation Modes Attachments: No.1 - Landscape Master Plan Schedule ".- ,- Executive Summary Landscape Beautification Master Plan Status Report and Schedule Revision Page 2 of 2 Agenda Item No. 1688 March 22, 2005 Page 2 of 17 Agenda Item No.1 SB8 March 22. 2005 Page 3 of 17 COLLIER COUNTY BOAR!) OF COUNTY COMMISSIONERS "- ttem Number Item lumm.ry 16M Mooting Doto R(!comrn~ndation to Bpprnve UIE: upds1ed "Cc>Uièr County Lllinds08pe BI!IRuUflr.alion MISter Plan" and n~vis\~d schedulo for fI~cøl YI,IHr5 2006 and 2007, 3/22/20059:0000 AM ,_. Prepued By Dattl PatT\flla J. I.ullch PrDer..t MM10llr 3(1012DQ$ 3:11:28 PM Tr.nl-portlon ServiceI Tr.fflc OperatIon.' ATM Approved By Pllmela J. Lulien IÞroject Mlnager Do" Tr.nlllportlol1 Srel"\l¡C':6, 1r."I(: OPt;r41iØftI! ATM 3l1D/ZODfi 3:13 PM Approved By Director of Alteml1lve Tran.port.tlon Do" CI.M B_ Flaga Mod.. ATM Olrutor Tranlportlon Service. AHern¡11h¡/1þ Tranlpoftlltìofl Mocht. )110/2005 3: 18 PM Approved By S~..ron Nawml" Açctluntlng Sl.1peNl8n' 0'" 'r,.n..purtlon S.rvlc.. Tr."spørt.tiøn Adrnlnl.tr.tion 3/101200$ 4:38 PM Approved By Nunn E. Fedllif, AICP Tr"lIfjpurtat\)) I)"'íaion Admlnløtra10r Do" Transport/on Strrvicea Tranøportatícn Ser...icas Adm'n. 3/1C1/Z00:!'i 4:48 PM Approved By Glorle Hlllrrflr. Mttnagcrment/Budglrt Aru,ly.t Do" Trllrl.portlon Servh:;.. "ronlfportutlon O~rutlofl. 311U/2005 4:62 PM Approved By Pat Lehnhard EXi(:utlvlC SecfetAr)! 0... Tfln.aport.,ion S.rvic.. Trln.portltion S.rvlç.. Admin 3/11J2oo5 1 1:10 AM Approved By OMB Coordinator Admlnlatrath/. Aula'ant Do" CQllnly Manager's Offic4!' Ofnce of Man*nnlnont & ßudgot 3/11/200511:17 AM Approved By Michael SmykawskJ Managamont & Budget!: QI...ctor D... County Manager'. Office Office of Man.".m.nt & BudV.t :Sl'tl/ZOOS 5:25 PM Approved By J.mil!'.. V. Mudd County Manag.r D." Soard or County 3'15'2005 7:U PM Comnli..ionli!'5 County M4Ißager'. Offic.e Land.caDe Ma.ter Plan Schedule Ma -h 2 ,:. 05 281M - JDOI 2007 re- NTP I I'raect - u",,"- 111_ - _on I'INAL J ~ III A III J J A 10 III 0 J ~ III A III J J 1410 III 0 J ~ III A III J J A . 0 III 0 J ~ II A II J J A . 0 N 0 ....... ...., ~~ .n....... -- i _:111 ~~. I ... : I': ....." - ~.- ...,"""" .-- I I I 11 T I II I I T ì I =-RcI ~ .~L\w:MmJLLLLLLL.1..1 ...Ll...L"T..:::r::::I"L:L ::I'.. -.., - I~='~.:'" ""''''''''' ,.,.."",.. I I I I I I I I II I I I I I lMIgoIon Rd. I Phaelll : : .~1 ~.- (-_.... ""...... .--. , ITT I II I I I I IT T TTl \IIIR. LhI,-> Ro. ["NÏ'P:8/'I2J04 I ~_rI!!!:BI27105 18cc; 100000000000-"ITI'" 1 f'I.~ .- ''C PtwNIII , -.. -,- (I11II'I to .....""... .....- , --- I I I I I I I I I I I I I I I I I I ¡ 1 I T - NTP:1III04 ace: 1 NTP: 11t1<We -- I I T _to ¡ ¡ 801" ......- ~ ""T- ,'MO_ I I i I i I I I GaIdon~ . tt!/Oo! ·····r· ,.- Pkwy (W"-, .... rTTf' f -'7 _ai_to 0127""'" 11"'- i --- III us 41 ...., ÑfP'-iï1~LL DttP: "'mOIl I!CC. I_ I 1T!'.W'.wII .' """"" - ~.........a." ..."',... 1''''- TTTT T I I I I fT T TTT ! , I i i ~"' ~ a_~ 'W> I ua<41 £alt. I ! I ~tm105 I!CC. '. !If 'NTP 11/1 /QC5 -, -- HTi': 111D1Do1 "r··r~·-T"· ,,"","-. at - -- - omDmA 11/"- I I I ::.....'"".!:. I ! Nï'P,3iiiìò5 ' T IIfqqi'> 7MW ,"7_ .-- I -.- I i i ¡ I I I I ~~ I i I ~"HI2 -.- r I I I I , I us 41 Not1h 'NTP:2III2OCII5 i a.'OII..\TI"!8/UII!eI" (1""'- ~., - _.- 4I1TJ2""" .-- I p";, , ! i I NTP: 2J112OCII5 I I i ......41 - I=~ .",,.,,,,,. .-- I i I I I i . ~ 4 _ median. 01" -bIo -...... 1 _ m.dlan........ - at I'RR _0Dt _ ~75 to SII8 ! I Land.caDe Ma.ter Plan Schedule _ IIIGI - ~~ ~nØa Ite m l'JoI1 psp 2007 IITP ::. =. -01'1 ~OI'I I'INAL J, II "I.. J ",1.0 II þ J , II" M JIJ.. 0 II 0 J ,.. A IIIJ J ",1.1" II þ J , .. A .. J J " . 0 II D us., _(!I~ _. -. - 1= .",- .......... I -. ~~ ,..- - US41_ ~ -, - I::':"'"CoIIor 'H,_ ........,. UUI_ ....., -- ~,~. Cau Uno '""""""" 'LED FOOT I - ~ GO_- I"""",,. """".....1 I TECIot ...... ::::- . -- == -.;;;t.; "'*' ...... ~~ -'LED - ~~. tI': 21 2UI I .J! 12CI!II ./~ ..,~--. I I -. I I I I I f,II,T!':... .. m.' PC )ÿ¡.ÿ¡;liiìi\.:-:r .... ....." ~''',., ..,,,,,, "".,. en ...-.all... 110Il1o_ -- I~_- I;:"":í. IINd. Tø - 1_- _._ 1~~(U$4I· ~"'" __ GoIo """I~":"" CcuI\, 80.. _,_I~ );j'1!ii¡¡¡~' ....", .-..,....... iIiit .. nM""'" ..... ~~!i!'!I!~LL ....J.... ........... lICe _doon._ J....... M._ 1ICe_1iI.....-- 1D_ La I .....__c_ . ···Fõõ;¡;;;;:;;:.;;;'ff"¡" ·..·j..·I·..·.... ...j.. ·....·..·..1·..1..··1.... ... .... ...".. ....... ..,..,-. ....I.... ........- ...........,. ..+·..1···1·.. ·+1·· ...¡. ..... I .- . "';> Agenda Item No. 1688 March 22, 2005 Page 6 of 17 " EXECUTIVE SUMMARy - APPROVE A COUJBR. COUNTY LANDSCAPE BEAUI1FICA110N MASTER PLAN AND FUNDING; APPROVE A LEVBL OFLANDSCAPB BEAUTIFICATION FOR MEDIANS. RETENTION PONDS, AND. INTERCHANGES; ADOP';r THE COlLIER COUN1Y LA..ND$cAPB BEAUTIFICATION MASTER PLAN AS POUCY FOR ARTERIAL AND. COTJ'~RROADWAYS , ' OBJECTlVEiTbat Ibe BoW ~.. '"Collier Couaty I nscape Bcaatificatioo Master Plan" and det'enDiDeI . le¥et of JacIsçapiJJg far futurß roadway beautif;icatiœ projectsœ arterial and coIJectŒ' roadway¡. 'Ibc timoliae 101" tho -comer CoaIIty ,.~ Beautific:atiaa Ma$terPlan" as ~ is based em Trauportatioa .'P~ IIId Coosuuctioa Mua,emeat', five (5) year road construotioD wort plan. Tho (JU,I'pOICoftlús Ktioa is to provide a IcveJ of ¡'¥J<'IPiøI ùODlimproved roadways aocI to maintain a signature lU'eetscapeappcarmce bued 011 estabIisbcd1evels of ImcIscaping witbin the Coœmuuity. C9NSIDER.ATlO~: 'Ibc sipwn-e appeanaçe of Collier· Couaty rœdway IaadscapiDg reflects the cJiånctao·oftbe Cnmmrlllity aod.tbeSoutbwestFlaricla regÎca."1bc IbeCØpe laDdscapiøg iI the most public and visible typcof 1aadÞ¡Je bCatJt.IÍCiíIOII ïijcn1íò most.appreciated by the Conuaunity. The benefits of JaDdscapiDg have been diRdlynIat.ed to traffic CS1mïl\g, ~iqg and scæeaing of adjacent properties, ad iDcaased property values:. . 'Ibc history of tho Strcetscapeprogram emphasizes the preaervatioa of the uniqùe çharacter of.the regiœ IDdthis proposal buUds OD. that origiDal desire. In comparison, the five (5)- year road CODStructioa wart progråm budjct is $S07.537,000 with a 10C11 cootingeocy; the proposed JaodlClpe master plan is a three (3) year landscapebcaudficatioa program with an esrinpted capital budget of $2.6 to $3.1 miUiœ for the next three years-Depending oa the level selected. the cost fw ludscape improvèmeDtsis œly 005~1.3C1, of the roadway coøstructioobudgetin py{)4, O.4~1.1% in FY OS. IUd 005...1.1% ÌD FY06.(Attachment'l) Beyood the 3.-ye&r laodscape muteI" plaa.&taffreçon~ that roadway~ projects completed in FY04-FY07 II weIJ. as those pEOjectedintbe Loog Range 1ìaffIC Plan have landscape beautificatiOll iDODey þudgotcd for their project¡ withiotbc road coaattuct:iœ buc1get. (Attachnvo,nt t#1-t#S) The level is to be determined 0Il.0De of the following 1cvc1s œcom1Mn~ by the Board. Median LandsCqpinR: . A base ~nI af~~"'DtJ was discussed. at the I.,nd-.pe WorbbopoaScptember 5. 2002. A base level is die poûøcI pI~tiOll. for "fuàue pi....... The söqueaciøg.of roadcxpmsion aocI 1......enpe bale prepantioa prevents any duplicatioG of base ~. costs. Abase level of 1aødscapiog iDclucb: e1ecuicalancl iøigatiGD lleeYiog. cJ.eaa ....M1:' bleJãdl with eight (8j of landscape soil. DOII~DIOUDtable curbiag (PDOT Type' P>. babia gnu. _brick pavers at the meðian eDds, The cost to install soddiog. topsoil. IDd sleeving is $61.000 per mile and the cóst to maintain in-house is approximately $52.000.00 per mile for a 17 ·foot mNlim Examples aœ Livingstoo Road (Golden Oaf,eParkway tòPine Ridge Road) and Airport-Pulling "(Pine IWgeto Vanderbilt Beach R., (A~h""'t 12) "'I....e An IandsœDiIU!' builds upon tbcbase preparation of landscaping to include a tn2inJirHl! irrigation system with pop-up system for plaming beds at median ends and bubblers for trees. There is a planting or canopy trees andIor..èS {grou~ or single) , ~~-"""'.,- --.. . "~""""""".It;.v. . .-. ì /'ì ~" ¡ - '.1"'\.:1''---'' ' APR l ~ ~:,"J .' \ - .-....-. ~::~ -, <~ "'~.~.--,~".".... ..¡ ! . 'é . Executive Summary Landscape Beautification MasterPlan for Coûnty R.iglits-øf..Way Page 2of4 .- spaeed SO-Ioo feet apart. The R,adioRoad landscaping (Airport..P\Jl1ing to SantaBarbara Blvd.) is the only exantple of a '"'J'ype A" landscaping within Collier Co1Jl.ty. Tbecost to instalJ. T)'pJ.-A" ~ within a 17-fòot\VÎdth median would cost $1S3,191.4ti anð·..·~ maintenance cost is $S9~138.06 per miJe. . (Attacbmen~ '2). .' . Agenda Item No. 1688 March 2'2,2005 Page 7 of 17 .-- ~ Jr' Iu\,",~tin addition to base levellØd '"1)po. A" items, St. Augustino grass isp1antedinstoldofbahïa:Jbrubs.l1oweriag·UIIes·an4·P~beds·arc PJantod the ~ IeQgtb of 1110 median. -rype BW.1andscIping ~ 10Q%irñpaioa oftbe.~ to support thogrowtb of St. Aupstioo grass or OCberplaQfifl8'. Examples of wrype B" landscaping are Davis Blvd. (AirporI.PulIing·Jœd ~. County ø.m~. Collier Blvd. (Green Blvd. to Golden Gate omd). US41NorIh (pino Ridge to Vanderbilt &ach Road). and Pine RidgoRoed (Airport..Pullingto US 41 N). The cost to installa17..foot ~iaois S174,841.13"pcrmile~ Tho outsourced annual çO$t to niaintaina"TypoB" J 7-foot median is $78.272.Ð8pcr mile. (Attac1uncnt #2). ~ C'" IucbcaDiH' bas all oftbc elements of. Type Bmedian with additional side road pI-ratings, .11tero arc two Ievo1s of side road plantùJgs a ~. tree ~g or TypeCl and a bI1Ø'cr'planting OI'"Type C". An example ofwrype C~"~is US 41 East Phase "B"· (<ì<>vonunent .Conipl_Entnmceto Rattlosnake H8IQß1ock Road). This ~cu1arsogmcnt has a LeVel "Bit modianwitbsidoroad sÞ'ed tree p1antings. A ~ct,. ....DI..2Iu1ssid~roað canopy ~ and/or palœs (Grouped or Singles) 5()..loo feet apart irrigated through a bubbler irrigation S)'S.tem. The edges would remain planted with bahiasod. The estimated ,installation cost is$13S.()()Opermile (canopy trees planted on bodi sidosoftbe __and spaœd 75 feotoocoater). There is an additional annual outsourcod costøfS'7.067 to maintaiathc: 1tnOt'~thl'OQ8h .... inigatiøn ~ (Attacbm~t.#2). Staff does not rocommended,plaDting Street _. without irrigation .beQause of the lowsurvivabi1ity rates and tbe~.fteq,!ency of watering. If !be Board were to rocommond P1antíD&without ~ thc~·.çoSt would be $32,250 per mile for a 7-moatJustabliStunent period.1'bis would ínçlude street trees on both sides oftbe--.This cost doctnot ¡ncludo maiøtoaanceoftraft'ic costs. The ,trees would bo IIlOIÛtOI'Od ona weekly basis and daenwould be no way of predicting tho aotuaIcosts. A ~ C21t1~pi.2hasside road canopy trees 8DdIorpalms (Grouped or Singles) 50-100 feet apart irrigated through a bubbler irrigation system, side road ~bs. flowering trees, plaotil\g beds, and/or St. Augustine grass. The beds and grass would ~uire 10Q4'.4 irrigation. The estimated installation cost is $148,1 S8.S7 per niile. The Outsourced Annualeost tQmaint8in the butferis $30,867.92 per mile. A~S:N~M No,_ Ie; ~ APR 2 2 2003 ~ Pg, ........-........-....'''......, . ""'~''".~.-'_._.~_.......-¥ ,EXecutive Summary Landscape Beautification Master Plan for County Rìgbts-of-Way Page 3 ,of 4 - . Wet Retention Ponds: "Tvoe A" Reteatioa Poad encompas$és pahns and Dative trees and shrubs, littoral zone planting, bahia crass, and planûng beds. An eumpIe. of a "Type A" wet retention pond is at ÛIaQ~a1ossom IIld Y ubcrry Lanc. ':. ó :' ';, : Thc;costto install a '7ypcA" is ~ ~ ~ $15,000 per 3-acre pond. Thc outsoUrÇed. ;:: annuai.intoaaøcc is $24,450 ~~"~,(A~ #12). ; ',' , Agenda Item No. 1688 March 22, 2005- Page'B of 17 . ~ :r, Reteatio. Poad includes palms 8I1éI' native trees ancf .... JittoRI mOo plaDting, bahia grass, p~ beds, aod lightøcl acraüoo fœntaiDs. fa additioa, there woUld be an opportupity for~' site amcmìties and ÍQIprOvomeats such a b;achcs. aacf paths. A pood Iocìœd at US 41 Bast and cm1ina Sum is lQexamptc of a "Type a" right-of- way retontion pond. The cost to install a ~"8" is "~tobe $30,000. per ~-acro pond. The outsourced annualmaintenlnœ is $28,000 per ~-acre site. (A~nt #2). Dry Retenti9nPonds.· , WJ'vÞe A "RetMdoD p. .iacludespaJmslnatìve taws, shrubs, åDd bahiacrus. An oxampleÏ$ at Ool<km Gate Blvd. and SW 31 It Stæet (Max Basso Park) The cost to install a '7ype A" is estianatadto beSl 0,000 per ~pond. The outJourced. annual maintenaace is $15,000 per Sere site. (AttacbmeD.t #2). ",FISCAL IMPACI': Thc installation cost of the "Collier C()UI11y Landscape ~utifJCation .Ma$ter ()' Plan" (Attachment #3) will be budgeted in MSTD Goneral Fund (111) for the first three years. The '. future maintenance will be budgeted through MSTD Geaeral Fund (lll), The ~t will depend OIl &e type of landscaping that Í$ solected Þy d1eBoard. . , Landscape beautification projeçts on newly constructed and RœDStnIcted arterials and eoltectorl within the TransPortation S-Y car Road WOrk Program are to be budgetedtbrough Road Constructioo Fund, Gas Tax Fund and managed through the ~ Operations Scctioaof Alternative Transportation Modes. The Future Maintenance Will be budgeted through MSTDGenera1 Fund (111). The amount wiJl.depcód on the Type of Landscaping that is selcctedbythe Board. (Attachment #5) GROWTQ;~EMENTIMPAcr: N~ne . . ' ItJC9~NDAT{ON: That 1he Board approvc a "Collier County LandscapoBcautification Master Plan'" for arterial and coUectot roadways; and approve 'Type A' landscape beautification for med~ reœotion ponds, and inœrdaanges. Ifbudgct pennits to also install 'Type C It side road JaaØscaping. 1. If a developer IMS1U located on an arterial or cotleccor wishes to iIDprove County ~satpiag IeveJ then they would ben:quïn,d to pay the diffi:reace between the County's 8ßDUa11ftA~ cost and 1he ac:tuaI maintenance cost. Thc dcveloperlMSTU would .-y 100% of thé additional plant material and irrigation improvements. 2. If adevelopcrlMS1U wishes to landscape' a rœd segment outside ofthc 3-year plan, they would be requjred to pay 100-/0 of the installation and maintellanœ. This coadition would be required until thc'County reaches a point where the segment isCODDOCted to a County improved landscape segmcntand thcn the County would assume thc maintenance I'CSpODSibilitiesup to the Board approved level. 3. Staff recommends that revisions be made to Ordinance 93-64, which referencc landscaping within the right of way and amend the LDC Ordinance 91-25, Strectscapc Master þ.nJ:NDA fTEM No.--I {j ~.7 APR 2 2 2003 .3 Pg. ~,-~,_....,...~.,_.,." . ..... ._~~_._-",.~~..-..,.-,- . Executive Summary Ú1¥~pe Beautification Master Plan for County Rigbts'"Of-Way Pagc4of4 Agenda Item No. 1688 March 22, 2005 Pa"ge 9, of 17 >< and replaœ with ~Col1ier County ÙII1dSQIpO BeautifiçJûon Master P1m". Staff desiœs to make these documents consistent with Board ,policy direçtion and prosont nWn.tenaDce . standards. 4. To tully evaluato in-house and outsoarceð. Jand$capo maintenanœ costs, staff rr-commends contiaued use of in~ landscape mainte&Iance staff in co.mbination with 0ûts0tu'Ced1and~ ØUÛJItOQaDCO · firms. :1110 annual ~,'1tndscIPe maiatommcc ·.cost wiUbe fc..evaluated annUållyìO assure effioiooey. PR.\3PAREDBY· ,. ......~ Ia J. UdidL,AS APPROVBDBY: DAm: ~ROVß\)By;:r~;; ~Ltf- bATE: r:f/f¡¡;.õ ¿" ""...." .f,: Attachmènts: No. 1 - Capital Cost cOØiPïrisOiï No.2 - Types ofLandsoapb1S No. 3 - Transportation Projects ... Complotiòft Dates No. 4- LeudseapingPlanfY04. FYOS.fY06 l'lo.S - ÚU1d$caping JastaUation "Maintenance Costs -I ".........,..,..... ....,.......,.. .. .. NO~e~rô~M APR 2 2 2003 Pg. .4 A1TACHMENT 1. COST COMPAFIISIOH CAPITAL COSTS COMPARISION Road 5 VR FY . 04 WOItI..... willi CoIIIInllllOr Type A . FY04 $ 118,678,000 $ Type B - FY04 $ 118,676,000 $ Type A & 01 - FY04 $ 118,676,000 $ Type B & Ci - FY04 $ 118,678,000 $ Type B & C2 - FY04 $ 118,678,000 $ FY-05 FY-08 Type A· FY05 $ Type B - FY05 $ Type A & 01 . FY05 $ Type B & 01 - FY05 $ Type B & C2 . FY05 $ 87,868,000 $ 87.888.000 $ 67,868,000 $ 87.868,000 $ 87.868.000 $ Type A - FY06 $ Type B - FY08 $ Type A & C1 . FY06 $ Type B & C1 - FY06 $ Type B & C2 - FY06 $ 68,680 $ 68,680 $ 68.680 $ 68,680 $ 68,680 $ Land_pe 1,~,195 1,220,008 2,244,695 2,421,508 2,538,623 769.093 899,448 1,781,593 1,911.948 2,010,641 854,176 998.952 1.897.726 2.042,502 2,144,208 Percentage 0.553% 0.647% 1.190% 1.283% 1.345% 0.408% 0.477% 0.944% 1.013% 1.06&>'" 0.453% 0.529% 1.0œ0Á! 1.083% 1.1~ ··.··....__M__ Agenda I m No. 1688 M ~~f.. 2,~05 ~10~17 iÜ··~ ~ 0. c. .' ÁUaohmønt '2 . T~øf Lancl'ctJ)IrIg TYPES OF LAN~CAPING: MEDIAN LANDSCAPING BASE LEVEL I t~... ''''De A" . . Radio Road (Alrport·PuUlitg Road to Santa Barbara Blvd,) ''TVDe B" . ~~., ,'; ", '!' Davis Blvd, (Alrport-PulÞng Road to County Barn Ro~ Collier Blvd. (Green BM:t.'to Golden Gate canal) ,'; ~ , , ::b'08 C," 41 East· Street tree ''T\Ioe C2" Estuary Type Buffér Wet Ret~",tlon Pond.: "TVD8 A" Orange Blossom and Yarberry Lane "Tvoe B" , : ' US 41 East and Catalina street Dry Retention Ponds, ''TVD8 A" Golc;len Gate Blvd. and SW 31 Street (Max Haase Park) WI! 1 1 Asa 5 5 .&D 5 1 , , ~NAT.AL.VoTlONC08T , $61.000 $15a,188Ä8 .1.71I8F $174,841.13 $2.07.1$' I I $135,ooo! I $148,158.87 $16.000 $:SO,OOO $10.000 Agenda Item No. 1688 March 22, 2005 Page 11 of 17 , ANNUAL MA"""A~CE C~ $82,000.0,0 .tt,138.OCS .7Ø1SF $78.272.0. $O.$27/Sf $'l.0f? $30.887.82 $24,450 $28,000 ,'!"" $15,000 j-- ,; ~!, Jli1 ,ON . ~_N~I ,( ~ .' ~' I l (ATTACHMENT 13. PAGE 1) TRANSPORTA~ONPROJECTS PROPOSED FOR LANDSCAPING FY 04 AIRPORT-PULLING ROAD (Çougar- VBR) . PINE RIGE ROAD (AIrpOrt - 1~75) PINe RIGE ROAD (1-75 - NapèBlvd,)' RATTLESNAKE HAMMOCK (US 41 ~ County Sam Road) IMMOKALEE INTERCHANGE GOLDEN GATE BLVD (Collier Blvd.) PROPOSED FOR LANDSCAPING FY 05 US 41 NORTH (VBR - ImmokaJee Road) LIVINGSTON ROAD (GGP- PR Road) US 41 EAST (Rattlesnake Road to St. AndrèWS) PI~E RIDGE INTERCHANGE . PROPOSED FOR LANDSCAPING FY 06 US 41 NORTH (Immokalee Áoad- Wiggins Pass) : IMMOKALEE ROAD (0111tfÌ and US 41 N) US 41 ~AST (St. Andrews· ~arefoot Williams Rd.) . GOLDEN GATE BLVD. (Coll/efBlvd.) US 41 North (Wiggins Pass-County Line) PROJECT START Agenda Item March Pag PROJECT _COMPLETED Y COMPLETI~N 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 .- . 16Bb ~~~ ~:::: Q:: l' RJOftë ~ 8. <---- (ATTAGHMENTQ. PAGe 2) TRAN$ÞORTATlON P~ECTS IMMOKALEE ROAD (CdLLIER - 43RD) GOLDEN GATE PARKWAY ,(LIVINGSTON ~ SANTA BARBARA) GOLDEN GATE INTERCHANGE ' AIRPORT GRADE SEPARATION GOLDEN GATE PARkwAY (LIVINGSTON~ AIRPORT) LIVINGSTON ,ROAÐ(~~~GATE.. PA'AKWAY~ PINE RIDGE) LIVINGSTON ROAD(P'~r: MDàE-VBFI),i ~/INGSTON ROAø(VaR~IMMOI<A1.EE ROAD) INGSTON ROAD(IMMOKALEE ROAD-COUNTY liNE) \:IOODLETTE~1=RANK ~(PA~VBPI~" VBR (AIRPORT ·COLLIER) , RATTLESNAKEHAMMOOK (POLLY - COLLIER) COUNTY BARN ROAQ.¡ ~.; I~' " SANTA BARBARA(DAVtS . PINE RIDGE) COLUER BLVD (GOLDEN GATE BLVD TO IMM~LEE) IMMOKALEE ROAD (US41~1·7S) SANTA BARBARA(DAVIS ~:RA1TLESNAKE HAMMÇ)CK) COLLIER BLVD (GOLDEN GATE BLVD· GReEN BI..vD) GREEN BLVD (SUNSHINE~ANTA BARBARA) . : PINE RIDGE ROAD (L.OGAN ~ COLLl~R SLVD) . GOODLETTE.. FRAN¡;(:':(GOLDEN GATEPARKWAÝ~ PINE RIDGE) COLL.IER BLVD (DAVIS BLVD-US41) . ,. ; PB9JePT START 2003 2003 2004 2004 2004 2002 2002 . 2001 2002 2004 2004 2004 2005 2005 2004 2007 2007 2007 2007 2004 2006 PflO,JEÇJ' C~PL~Ni 2007 2004 2006 2008 ~006 ~003 ~004 ~ 2003 2004 2007 ~oos 2006 2008 2007 2007 2009 2009 2008 2008 2006 2010 ~- - Agenda ItemNo. 1688 M~~~~ t~.~ CALENDAF\ Y ¡~i \)( CAlENDAR YE Âil4 d CALENDAR YE CALENDAR YEAR 06107 L.ONG RANGE TRAFFIC PLAN No. 1688 22,2005 ;~rW (ATrACHMENT" , PAGE 11) f1~ e5'"" -"';;'0:: .; ,': j ~ LANDSÇAPING PLAN Fv 04~' Type A Type B Type C i ò 0. ..' C1 C2 LANMCA" awtlt.fl!Hn IIIIIt ~ AIII:IIaI. ~ AtI:tII6I. ~ MIßI& IIAI!IDI. MIIIIW. AlAPOAT·PULUNG ROAD (cougí/!.~· 2 1.w.sao 57.1511 "11.026 75,884 213,IlOO 14...., 311,1a. 14,1123 PINE AIGE ROAD (AIrpoI\ .. 1-75)' ' 2 JOe,878 11,815 241,e4Q 101.347 270,000 14,134 ..31' ",738 PINE AIGE ROAD (1.75 . Napa Blvd.) . 0 50,10'1 20,1511 5U4' 25,70' 4(1,IlOO 2,120 ....,448 IMÒ R.-.1ïLESHAJ<E HAMMOCK (US 41. Cty8n At 1 27',310 110,osa 325,4112 '46,7511 182,000 'MO '177,711 37,042 IMMOKAU!E INTERCHANGE 2 117.1120 74.200 2111,0120 1111,282 310,IlOO 18,2114 $40,7118 70_ GOLDEN GATE BLVO (CoII.r BM1.j 1 174,882 0,155 204,500 11,580 135.000 7,OtsT 141.15i ~;88I TOTAL . 1,oca, 111 I12,IQ 1,220.ooa 548,352 1,201,IlOO ~, 1,ðt1,115 274,724 LANDSCAPING PLAN nos Typ. A Type B . I I ,Tyþe C C1 C2 LANDSC~I~QM~. .. ~ AIII:IIaI. ~ AtI:tII6I. ~ ~ AIHI6L US 41 NORTH (VBA . Immok" f.!pad) 2 411,11311 111.75(1 58,403 28,154 202,500 1:' 222.238 <16,302 UVlNGSTON ROAD (GGP' PA AOIiII)., 3 382,74& 151,34!11 0147."7 200,454 384,IlOO 11,011 400,l12li 13,343 US 41 EAST (RatU.-k. Rood to St. Mdrowa) 1 146,8110 58,112;1 174.242 78,030 135,000 7,OtsT 148,1511 3C~" PINE RIDGE INTEIICHANGE 2 117.420 74,12' 2111,1!5 118,157 310,500 11,254 $40,7. 70.11118 TOTAL . 711,0113 304;18' 8811,..... 402,7111 1,012,500 ss.oœ 1,111,1" 231,108 LAND,SCAPING~N FV Of Type A Type B Ty~e C C1 C2 LANDIO....I! amMINTA IIIIIt ~ &WIW. ~ AWIIW. QAmAI. AtJ:IIAI, ~ !IIIIWo US 41 NORTH (Immokal.. Aoad· WIggJno PI' Z 511,1180 27.210 50.872 36,127 202,IlOO 10,101 222_ 46,302 IMMOKAU!E RO.-.O (01111h and US41 N) 0 37.00II 14.1138 <13,261 18_ 17,550 ". 111,211 4,013 US 41 EAST (51. AncIrI\OI. Barefoot WlflIamI A Z M.m 137,'1$7 407,3011 182,403 283,IlOO '''...., 311.134 00U23 GOLDEN GATE BLVD. (CoIU.r 81"".) Z 3OT.æs 121pa2 *.128 181 ,275 270,000 14,134 HU18 11,738 US 41 North (Wlgglna PaN-CDIU1IyUIII) 2 111,974 38,474 107._ 4a.1111 270,000 14.134 HUla 11.738 TOTAL . 1N.171 m",0 ....152 ....7,357 1,043,550 54,121 1.1.... ... "".ACi'tId$NT 'S·1.II!dIOIPt IMIdaIIon nI t.IIInIInInOe CollI. LANDSCAPE INITAlJ.ATION .. MAlNTlNANCI COSTS Unl r. era e · .Iue . ,5 23,9Ie,e87 1 Caøl~1 A alntaln 8 n A,C1 lain o.t J:1!!!!!a. 0.1 Agenda Item No. 1688 M~~ ~~, C:>..... -..;....... g: ~ i t Coat Millage . PY.M $1,043,195 $1,043.105 0;04S8 · 1 ,220,008 $ 1.220.Q08 0.051 ø I 2J44,Q$ $ 2.244,8$6 0.0838 flY. Of . 78Q,oø $ 412,se3 $1,181_ 0.0404 · 8911MB S !i48,_ S 1,44.8QO 0.0eø4 S 1,781,_ $ 478,4158 $ 2,257,0&2 0.0$J43 py·GI S 854,178. $ 304,181 S 2,33a,I8$ 0.1 119 I "'8,_ I 402,718 . 2.114'1,548 0.1377 $ 1,881,72ð S ~7,1M S ".511,042 0.2049 $ 337,810 $ 2.m,8D3 0.1118 $ 447,357 S 3,20.4.906 0.1377 S _,438 $ 4,004,3$0 0.20411 TOTAL $2,8ðSA84 $ 1,054.534 S 3,118,408 $ 1,3118,505 $ 6.824.014 $ 1.225,081 Typt..C1 ~ Caø1111 ~8'C2 CoI1· .!!!!e. Caøltal . MIInllln J4!.!!a!. .. . alntaln , FV . 04 $2,421.508 $2,421 ,5OCI 0.1012 $ 2.538.823 I 2,58M23 0.1011 FY.08 $1.1111,9"8 $ 608,248 $2,521,1118 0.1053 S 2,010,841 $ 821,078 12,83U17 0.11es FV . 08 S 2.042,502 $ 455,7119 $ 5,018,407 0.2'''0 · 2.1....,208 $ 834,305 S 5,810,230 0.2830 $ 101,885 $5.121,0482 0.2140 $ 885,918 $ 6.2118.19ð 0.2530 TOTAL $ 8.376.958 $ 1,117,032 · e,693,472 S 2.141,547 _. .# Agenda Item No. 1688 March 22, 2005 Page 16 of 17 TnonaportMlon & Long Ranp LANDSCAPING PLAN FY 03 Type A Type B Type C C1 C2 UllDICAl'I ....IIIID ... wa& ðIWIaI. GamaI. MIUIAI. IòemAI. I11III& G6!II&. .... LIVINGSTOK ROAD (IMMOKALEE RD-COUNTV UNE¡ 2.80 42Use '&5.1187 418,555 2'8.'12 371.000 18.711 414.145 11,- TOTAL 1M .... 111,A7 .... 111,112 871,000 ",111 414.t41 II,ao LANDSCAPING PLAN FY 04 Type" Type B Type C C1 C2 LAllDaCØE ......,.. ... wa& MIIIAI. wa& auIIaI. IWII& 6II1II& GðI!II& 6II1II& GOlDEN G"'TE PNUWV"'V (L/WIgoIoo ~-> 1.00 153,188 58,138 174,141 7U72 '55,_ 7._ 148,1511 ao.- I.MNG$TOK ROAD (PInoo ~ VBR) 2.10 32'.717 124,180 387.188 114.371 213,500 14.141 311.1:14 14,123 LMNGSTON ROllO (V8R.!MMOKM.EE ROAD) 1.70 2eO.437 100.535 2'i7 .230 133.013 221.500 12.014 211.170 S2,476 GOODLETTE-FRI\NK(PI tolE RIDGE -VBR) 2.116 .".487 175.048 517.530 231."5 3n.8OO 20,115 438,651 81.3Ø TOTAL 7.'" 1.1....20 0\61,111 1,He,"'7 Iff ,3t1 1,047,NO 14,t40 1,141,714 211_ LANDSCAPING PLAN FY 05 Type" Type B Type C C1 C2 LM~APa &1GIft1fft .... GaI!IUII. 6IIIUIloI. GaI!II6L 6II1II& WII& lIIIU& GðI!II& 6IIJIII6, RATTLE8rwœ HÞ.MIIOCK (POl.LV-COLLlER) 2.00 30e.s~ "1,271 348,182 161.1144 210,_ 1.,134 291.311 l1.ne TOTAL 2,00 301,317 "1,278 :141,"2 118,144 270,_ 14,1:14 211,311 11.714 LANDSCAPING PlAN FY Ø8 Type A Type B Type C C1 C2 LAlllDACAN ..GlftJlTa .... WII& 6II1II& !WWI. 6IIJIII6, wa& 6IIJIII6, wa& 6II1II& GOlDEN GÞ.TE INTERCHANGECFOOT PROJECT - RllMPI 1.00 '53,1~ 61,131 174,141 78,272 135.000 7,017 141.11t 30.... AIRPORT GR.I.OE SEPARATiON 0.50 71.588 2un 17,02' 38.138 17,800 3.630< 70._ 16.434 GOLDEN GÞ.TE P/IJUONAV (LMNGSTON· AIRPORT) 2.G4 312,826 120,642 311S,171 1&1.175 276,400 14.417 302,2+1 82,1171 COUNTY BARN ROAD 1.10 211.077 112.552 332.1811 148.717 258._ 13,427 281.502 58.648 GOODLETTEoFRIoNK(GQP.pltolE RIDGE) 2.45 376.331 144.151 421.311 181.747 330,750 17.314 3112.1180 7U21 TOTAL lA04 1.:IOI.7H _..n 1,371,487 t17,H7 1,011,150 11,1" 1.111.176 MI.'" LANDSCAPING PLAN FY 07 Type A Type B Type C C1 C2 LAlfDSC.... ....1111'11 at GaI!IUII. 6IIJIII6, IòemAI. 6II1II& IWII& .... wa& .... 1IIII0l<ALEE RO"'O (COLLIER-43RQ) 7.80 1,210,211 487,111 , ,111.245 111,348 1.011,_ H,12t 1.170.451 243.1157 VANDERBILT BEACH ROAD (Þ.lRPORT-COLUER) 4.70 720,033 m.Io!8 121.753 387.178 134.800 33,216 1".347 145.071 IMMOJ<¡O,LEE ROAO (US41~·75) 3.10 551.510 212.187 528,428 281.718 4811,000 21,441 833.372 111.111 COLLIER BI-VD (GOLDEN GÞ.TE BLVD TO IMM()(¡O,L£f} 3.00 4511.515 171.414 524.523 234.111 _,000 21.201 444,477 82.1"'1 TOTAL 11-20 2....,,.,. 1,1H,4I1 I........ 1,102,124 uu.ooa ,...... 2,I44,tU IIt2M4 Agenda Item No. 1668 March 22, 2005 Page 17 of 17 (ATTACHIIINT'. PME 12) T_porIIItIon and Long Rantt ~DSCAPlNG PLAN FY De Typ." Typ. B Typ. C C1 C2 LA.OaeD. aGIIH'T8 lID GA1!IIaI. ðIWIaI. WI!& MIIIIaIo IWQ'AI. UIII6I. ga¡m,¡. 8UJI6I, IWITA IWlBARA <DAIIIS· PINE RIDGE} 4.10 710,672 2IU76 156.122 :IIS,833 881,600 114;121 721.171 '11,211S GReEN BlVD. (8UN8IfNE TO SANTA BAIIIWIA) 1.11 17S, 11. 18,11211 117.170 11.<147 1112,110 7'- 117,420 ",111 PINE RIDGE ROAD (I..OGAN TO COlLIER BlVD.) 1.10 271.1111 101,441 SIU'. li1O.1ItO U¡,OOO 12.721 281.... sue2 TOTAL 6.0, ,,1...... 411.011 1.:111.011 IU,I7I 1,0111.'" ..... f.1IO.... Nf.l" µNDSCAPINO PLAN FY 01 Typ. '" Typ.B Typ. C .C1 02 LülD&CØII......,. ..... IIIm& MIIIIaIo IW!JðI. 6UII& ~ MIIIIaIo IWQ'AI. -- s,wrAIWlBARA (DAIIIS TO M1'TI;ESNo\IŒ ttAMMOCI<I 2,GO ao$.wr l'Ul. ~,M2 '".1144 270,000 14.134 "UII COLLIER BlVD (GOLOI!N GATE BLV!). GREEN BlVD) 2.10 '21,111 124,110 M7.111 1I4.S71 2IJ.500 14,141 '11,134 14,_ TOTAL 1.00 1..114 MI._ 711"" 110.'" -- ..In aør ... M,W LANDSCAPING ~ FY 10 Typ.'" Typ.8 TVp' C C1 C2 LAIIMCDa --n .. ~ MIIIIaIo um& ðIIIIIIIo WJIàI. -- WIf& ....... _. LlER BLVO (DAVIS TO US41) 1,10 1,0011,750 402,I:1t 1.111.1120 1IS2,2IO "',000 41.051 1.007,411 201.102 -'". 1M 1,041,110 -,f. 1,111.'10 A2,11O t1t,01O ...... 1,GO!' ,411 2Dt.1D2 Agenda Item No. 1689 March 22, 2005 Page 1 of 6 EXECUTIVE SUMMARY Approve a budget amendment to transfer $1,354,447.90 between budgeted projects as part of a mid-year Stormwater Management program adjustment to fund both Capital Improvement and regular Maintenance projects under Fund (301 ) OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) for a mid-year Stormwater Management program budget amendment to fund Capital Improvement and regular maintenance projects which are ready for construction, or scheduled to be ready for construction within the next 3-months. CONSIDERATIONS: Our continuous effort and fine-tuning of project feasibilities, design, scopes and permitting constraints are encouraging the Stormwater Management department to request Board approval for a mid-year FY-05 budget amendment to allocate funds towards Stormwater Capital Improvement and regular maintenance projects which are ready for construction, or expected to be ready for construction within the next 3 months. -- The first half of FY- 05 has seen the Stormwater Department regain a fully staffed status, freeing intemal resources to plan and update the Collier County Stormwater Master Plan, implement and project manage the recommendations contained in the Gordon River Master Plan, as well as evaluate the feasibility of previously scheduled projects. At this time, we have identified three (3) projects (please refer to TABLE 1) that once closed, will free up $267,614.45. Closing these projects will have no adverse effect over the Stormwater Capital Improvement and regular maintenance projects. In addition, during the first half of FY-05, the Stormwater Department successfully completed six (6) projects (please refer to TABLE 2), four of which came in under budget and two on budget. The total amount of available funds is $123,201.29. Our internal review processes, as well as our consultants have turned in designs and estimates that are allowing us to identify projects which have a potential surplus of $963,632.16 (please refer to TABLE 3). Relocating the identified surplus is expected to have no adverse effects over the Stormwater Capital Improvement and regular maintenance program. Projects listed in TABLE 3 are in different stages of development. Several are addressing regulatory matters, others are under design and some are in a construction commencement phase. The final step of the Stormwater Department mid-year FY -05 budget amendment is to allocate the funds reported in TABLES 1 through 3, into TABLE 4. All projects listed in .- Agenda Item No. 1689 March 22, 2005 Page 2 of 6 this last table (please refer to TABLE 4), are ready for construction, or scheduled to be ready for construction within the next 3 months. First on the list is the Pine Ridge Subdivision Pipe Replacement, Project No. 510201. This project is an emergency culvert replacement. Stormwater Department staff prepared an in-house engineering design, surveying fieldwork, construction plans and technical specifications. A request for quotes utilizing the Underground Utility Contract No. 04-3535 produced the following results: PINE RIDGE PIPE REPLACEMENT - HICKORY RD. PROJECT - FEB.18, 2005 Quality Enterprises $180,867.10 Mitchell & Stark $210,000.00 Kyle Construction $267,000.00 D.N. Higgins, Inc. $287,000.00 Haskins, Inc. $350,000.00 BCC approval ~f the mid-year Stormwater budget amendment would allocate $150,000.00 to the Pine Ridge Subdivision Pipe Replacement Emergency Work, Project No. 510201 and will allow the Transportation Services Division Administrator to award the project to Quality Enterprises, USA, Inc. for $180,867.10. Second on the list is the Immokalee 5th Street Ditch Enclosure, P.N. 517252. All necessary construction permits are in hand and the plans are 100% complete. A public notice was published in a local paper on March 7, 2005, requesting quotes under Bid No. 05-3803. Bid opening is scheduled for April 13th, 2005. This Bid process is currently in the hands of our Collier County Purchasing Department. BCC approval of the mid-year Stormwater budget amendment would allocate $122,598.55 to the available $877,147.91 for construction of the second and final phase of the Immokalee 5th Street Ditch Enclosure, P.N. 517252. Third and fourth on the list are the Westlake and Twin Lakes Stormwater Improvement projects. These two projects are WBS elements, or bite size pieces of the Gordon River Master Plan, P.N. 51005. The Gordon River Master Plan identified over 20 sub projects that once designed, permitted and constructed, would improve water quality conditions and provide flood protection to existing homes and commercial facilities within the watershed. A large number of the existing homes are on septic systems, which worsen water quality conditions by adding bacteria and nutrients to the floodwaters, as the septic fields constantly fail during the rainy season. The Stormwater Department initiated design and permitting tasks for two of the most critically affected sub projects. The Westlake project is replacing the existing outfall with a 48-inch diameter HDPE (High Density Polyethylene) pipe from the Westlake pond to the Goodlette- Frank Road Canal. The Twin Lakes project is constructing storm drainage along the north edge of Granada Boulevard interconnecting the two ponds in Twin Lakes and discharging east into the Goodlette-Frank Road Canal. BCC approval of the mid-year Stormwater budget amendment would allocate $152,350.00 to the Westlake and $800,000.00 to the Twin _. Agenda Item No. 1689 March 22, 2005 Page 3 of 6 Lakes, P.N. 510054 and 510056 respectively. In addition, the Stormwater Management Department has secured a grant from the SFWMD in the amount of $200,000.00 for construction of the surface water improvements in West Lake and $200,000.00 for Twin Lakes. An executive summary requesting BCC authorization to accept these funds has been drafted and is tentatively scheduled for the April 12th, 2005 BCC regular meeting. These projects are consistent with the Board of County Commissioners approved goals and objectives of the Stormwater Management Capital Improvements program. The Fifth and final item on the list is the Fish Branch Creek Box Culvert, P.N. 510211. The projects consist of extending an existing box culvert crossing on Lake Trafford Road in Immokalee. Enclosing the northern section between the edge of pavement and a pedestrian crossing over the Fish Branch Creek will improve not only the conveyance of surface water, but overall discourage pedestrian youth from swimming in the flood waters. This project will significantly improve vehicular traffic safety conditions at this location. All work is taking place within the existing roadway easements and right of ways. BCC approval of the mid-year Stormwater budget amendment would allocate $129,499.00 to the Fish Branch Creek Box Culvert, P.N. 510211. FISCAl.IMPACT: Approval of the mid-year Stormwater Management program budget amendment to fund Capital Improvement and regular Maintenance projects by transferring $1,354,447.90 between budgeted projects, all within Fund (301). GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the mid-year Stormwater Management program budget amendment. Prepared by: Ricardo A. Valera, P. E. - Director, Stormwater Management Department Attachments: TABLES 1,2,3 and 4 ..,."... IlIIm Number Item Summlry M..tlng Dale Agenda Item No. 1689 March 22. 2005 Page 4 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B9 Rflcommendatinn to approve a budget amendment tD tronsfer $1,967,444.62 betweBn budgeted projects as part of a m1d~ye8r Storrrm8ter M8nflgefTu'Il1t program adjustment to fuoo both CapltallmplOVen1Ðnt and regular Mainumance projects under Fund (301). 3/:1;2/2005 ~:OO·OO AM Prepared By Director 2/23i200S 6:~.:Z2 PM Ricndo Va~efa Tr.u,.porUQf1 Service. DU.. Road M.lntelltlnc.'$tørmwat.r (;I!uld Kurtl. 8..,lor E IIginaar 0... Approv.d By Tn"aportion Servicea Raad Malntenanu· 6tormwater 212"'200511:51 AM MU\,lUe1 ^. ai.hop ProJfle! Manag., 0... Approved By Trln.portion SlIIrvlcClII Raid Mainhrnlno../Stormwat.r :1(24120015 1 :22 PM Approved By Norm E. FodC'f, AltP Tnul1lportiol\ Service. Tr.neportMlon Ohri.¡on Admlni.tr;rtor 0... rron1lportotlon Services Admin 21'241200& 1:39 PM Director Dote Approved By Ric.rdo Volelill Tranapr.artlQn Servlr,¡lI15 ROld M.lnt.nlilnc/tfStortnwlrter 2/a.4120Q.5 4:00 PM Accounting SUþll!rvl.or 0... Approv.d By Sharon Newman Tr'/'IlIpartioo Srt:rviçetS ru"..partlttlon AUnlhd.tnrtion 2124/20055:12 PM Put l..~nh;ltd F.xcw;utlve Sec:rmary D... Approved By Tr.n,port.tlon Se,vlces Transportltion Servloe. Adm!n 2/26/2'U06 8:51 AM OMS Coordinator AdmlniM:rativt' Anistant D... Approved By County Mø:noiJer's O"lclI ottlc. of "',,"Qgeme"1 & Budge1 2/25/2005 11 :45 AM 9411nlor ManaomnøntlBuriget AllillY"òt 0... ,- Approv.d By SUII..n lI.h.t County Man.get'lI Offi~ Offu.::« of Man.gament 8: Budget 3111200510:28 AM Michael Srnykow.kl Manlgarnent & Budget 0I,,*(.10r Date Approved By county ManagÐ'r'. OffícÐ' Otficfl of MRnagl'meont & BudQlII't 3{161:2006 8:58 AM Approved By Jameø V. Mudd 804rd or County Cnrntni..Jonltra county ManaguJ Dale County ~ArloIIger'a orne.. 3/1.5120069:1$ AM Agenda Item No. 16B9 March 22, 2005 Page 5 of 6 County Wide Capital Improvement FUJld (301) Appraprla1l...: SAP FYI! FYIS -.. IV-=--¡ ':.:.0 I ...... ....... ....... ....... ...... ....... T.... ....... PnJoá No. ~ - ..- ~- Q- Quo.. Qoqo Qoqo o.p Qup CIw'4t ~p.w.a 51001] CooIuJUq IiIady Jbr fiIodiD¡ 510031 OIoboI_"'!iyIOoøI ~ 510041 Nopl.PII1c 51005] Gordon R.ì~ Muter P1In 510054 Twía Ukoo 1_ 638737.00 510055 _. f_1Id CuMot 5100S6 W.. Lab 0udàI1 131,6IS.00 1 83'.00 510057 lo4thStrwetOuttt.lJ 510071 5wa1e MaiDlÚlce :!loon WiDow Well Drai.... Sya.n 510073 Palm RIWI' Stormw..... PiplleplllCe S10m Ka1demIa Cl'eCJk Buia a.tonIiœ 5101]1 OkaJ_SIouP Sri._ 510142 N.~Rd_."""'" I 83.. S1015] 1_ FL 9pnoiaIo. Dilcb &.1 (111) 65 :141.09 19 IlO:l.73 SI0181 Gordœ Rivw W.... QuaJi1y !'uk SIOl91 Om>oo _ Q¡1_ RepIoco WY.!Ol ,..,. Ridp lid> Pipn Itpl.tœ 33CY.!Z.04 5S S SlOZil fltb_Crook IIox Cui.... 67 372.31 31 ,31 19903.73 SII01] LnlyA..._ImptovoPrnj(III) 64901.. SII07] A_ SnbooI D<aintp .3 51]ln Wi..... Put ~1 31.71.31 512161 ~1Uwr DrocI8U>a 512171 CoIIIIIyLiMdlldI 512181 IJoIdon Gúo Cilr curdl 514092 Rock Crook_ 515012 AUlbaliaII Piae Ro_ 5t7012 sa·]9 CuI_ Uparndtt (111) 517042 1~n¡biftLabOutfålI (lll) 1316". 1 006.03 sinn ImmIt 51h_Ditcb (I 11) 6$ :141.09 25>101.00 11 .96 12 78.71 I 006.03 SilO!.] Lab RtIly _1tp1..."'..1I 5503<1A 51103] GaIewoy Tria¡I.I__ S 11042 him _ 0Wft11 Dttob I] 78.7 hbtoUh 5,752.101 1 1D,313,615 I 3,67S....S 1 7.7'7.1541 Hi' "*144'.'11 (0.0111 1':.\'1._7.."1 Avallllbla Funds r .._~.. v v v Budgllt Fab.23 2006 Am4Indm'lnt 1 510012 Stermwater Master Plan Uodste S 51 317.00 S 51,317.00 2 510052 Gordon River Master Plan S 161263.11 S 161.263.00 3 516012 Lake Kelly Outfall S 57,877.9£ S 55,034.45 S 270,458.07 S 267,814.45 TABLE 1 LIST OF PROJECTS TO BE CLOSED Agenda Item No. 1689 March 22, 2005 TABLE 2 LIST OF COMPLETED PROJECTS AVIIII.ble Funds Committed for Available from Budget COMPLETED PROJECTS Peb.23 2008 Fln.llzatlOn Comr.leled Prolecta Am4Indment 1 600163 Goldsn Gate & Sunshine Imorovement& $ $ $ $ . 2 516042 Palm Street Ou1fall $ 16.376.77 $ 4,000.00 $ 12,378.77 $ 12,378.77 3 510152 Immokalee Florida Specialties $ 85,144.82 $ $ 85,144.82 $ 85,144.82 4 510121 Bridee Scour SR 858 $ $ - $ $ 5 510121 Okaloacoochee Sloueh Bridee StudY $ 269.70 $ $ 269.70 $ 269.70 6 510191 Graves Brothers Culvert Replacement $ 25.406.00 $ $ 25,408.00 $ 25,408.00 $ 127,201.29 S 4,000.00 S 123,201.29 S 123,201.29 DESIGN I CONST. COST Available Funds Avallabla from Budgat ESTIMATE! Feb.200B Feb. 23 2006 Sumlua AmIIndment 1 517012 Farm Workers Villaae SR-29 Culvert UDllrades $ 350,00000 S 564,748.79 S 214.748.79 $ 61,943.51 2 512122 Wiaelns Pass Outfall $ 190,000.00 S 229,387.87 S 39.387.87 $ 31,478.31 3 517042 ImmokalH . Mockinablrd Lake Outfall S S 132,621.03 S 132,62103 S 132,621.03 4 510041 Naoles Park Outfall Dredalne S 45,000.00 $ 55,745.30 $ 10,745.30 $ 10,745.00 5 510055 Goadlatt8 Frank Rd. CulVert Imoravements S $ 3,901.10 $ 3,901.10 S 3,901.00 6 511012 LASIP (FY-' 05) S 1,200,000.00 $ 1,912,991.68 $ 712,991.68 S 649,014.96 7 511072 Avalon Senoal Dralnace S 450.000.00 S 520,375.31 $ 70,375.31 S 57,094.35 6 518032 Gatewav Trlanale ImDrovements (FY-' 05) S 250,000.00 $ 560,623.28 $ 310,623.28 $ 9 510142 Ibis Way and Lake "N' (FY.' 05) S 100,000.00 $ 122,638.20 $ 22,838.20 $ 16,834.00 $ 2,585,000.00 IS 4,103.232.56 S 1,518,2S2.58 S 983,832,1& TABLE 3 LIST OF PROJECTS WITH SURPLUS FUNDS TOTAL BUDGET AMENDMENT I $ 1,354,447.90 I CLOSED PRO.JeCTS + COMPLETED PROJECTS + SURPLUS FUNDS TABLE 4 LIST OF PROJECTS RECEIVING ADDITIONAL FUNDS $ 1,354,447.90 AYlllable Funda Amount Df Fund. alter Reiling Fab.23 2005 O_oalt Bud".! Amendment Total 1 510201 Pine Rldae Subdivision PiD' A'Dlacem.nt $ 5000000 $ 150,00000 S 200 000.00 IS 1,204,447.90 2 517252 Immokalee 5th Street Dnch Enclosure $ 877,147.91 $ 122,598.55 $ 999,748.46 $ 1 081,84\1.35 3 510054 Twin Lakellln111rconnecl $ IS 800,000.00 $ BOO 000.00 S 281.84\1 .35 4 510056 West Lake OutfalllmDrovementa $ 22,650.00 $ 152,350.00 $ 175,000.00 S 129,499.35 5 510211 Fish Branch Creek Box Culvert IS 5,662.00 IS 129,499.35 $ 135,161.35 $ (0.00) S 1,354,447.90 .."~,-_.,.. 'Agenda Item No. 16C1 March 22, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. .-- CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22,1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service -- Agende Item N". lOCI M.rd122, ?005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS M..tlng D.. 16':'1 Rf!cmnmlmd311~" t(J iildopt a Resolution to np'Jrove the SøtMi¡fadl(r! (If L,il!lt1ICit ¡ Sc)hd Walilt! ItI$itltmtlal ØlI:co~mt Wll~rftln Ir1e Cmmly rIa" r~j:fI\'ð( payme:M "M !Htld lIen 16 1II3IlIsf!ttd ,,, full lor tne 1994 f.,Qhd Waate Collection and Diftþ06;1, ServiDK Spec!æl A15aeument. FlecRI impact i. $:40.00 to record thl! Sali6fadio/'1 of Licn ::U;1}I;lOOi:í 9'OU'I)O A,M It.m Numb.r tt8m Summ.ry Approved By Pam CfllIIlI R~e"ut! SUPCH\IIISOr D... Public UtUltlea uses 311t2DOli I:D6 AN Approved By Tor...... Riesen RCIVGnuc Manaaer D.t~ Public Utllftlu UBCS 3/712006 2:10 .-N Approved By John A. Yonkosk)' UtlUty BIlling Oirector Oat. Public unlltl.. wocs 311120053:18 PM Approved By 'rhoma$ Wdeli OpeuUonl air.ctot D... Pobllc UtWUClI1 Pl.lbllc: UtUlfJu$ opftrnUCl"~ JJ3J201]6 12:"V P'" Approved By Jam.. W. OeLol}V Pl.lbll~ Utlllthell Admllll~'tatl,ll Dllt.. Public UIIUtlftti PUblic Utilltlflll Admlnllol,ltlon 3HOJ;lOQt '1:37 PM Approved By OMS Cuurdlnratot A~fnlnl..u.tlv. AUltitllflt Outlt County Ma"..ger'a (')1Tlcc OMCQ ofMIn.g_ment & Budg..' 3/11120069:36 AM Approved By R"ndy Grnerfw..td Nlanaonmlftl1llf:hlt10flt AnnlY51 f)al~ C<Hll1t)/' Mlnllg.t', Office Dttlc. 01 Nlanc1gem.nt '" BUdGet ¡11H:'lUOI!ò ::1:11 PM Approved By MichaelSmykow,ki Manav~mm1t 8. BUdGet Olrltrcwr D... COUf1Cy Mòllnoilver'i Otttcll: Otf\c. of ihnagemertt.. eudlltt )r141200¡ 1:32 AM Approved By Jlmlll'i V. Mudd Board of County Comml.lìsloners County Managar Dlle County MIt"'\Jltr'$ 01'ftce 3/14/20D5 9:3a AM Agenda Item No. 16C1 March 22, 2005 Page 3 of 4 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamlami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 26580640003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN1Y, FLORIDA was the owner and holder of a certain Lien against: Harris, Jannie 3864 Coconut Cr S Naples, FL 339420000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated In Collier County, Florida, described as follows: COCONUT GROVE UNIT 1 BLK A LOT 16 OR 1580 PG 1153 Folio No. Project No. Account No. 26580640003 64000 4721 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUN1Y COMMISSIONERS COLLIER COUN1Y, FLORIDA By FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attomey Agenda Item No. 16C1 March 22,2005 Page 4 of 4 - RESOLUTION NO. 2005-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 9~75 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended. requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien Individually in the official records of Collier County: Account No. 4721 This Resolution adopted this _day of second and majority vote. , 2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attomey Agenda Item No. 16C2 March 22, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien Is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste _- Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service - ~·.~~·..·o'''''_''''_.-__ Item Number Item Summlry Meeting Cite Approved By PamCallw. PuÞllc Utlllti.. Agenda Hem Nt). 16C2 MarOO n, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16(;,2 F<e4~cmmtmdati(!I' to do~lt a Rf!~DltJtl!)nt(¡ r.ppIOVH !hl!' Satiufocl!(1rI (If Uen tor iÖ Sn1t1; Waitt: rf!~j()tmb.,1 i1u(.(unl wt1erel'1 thf! Cmmty haa Ifl4;6i"~I paY''I'lel\t itn!; s'lId \.Ien 1& tiat~'ifH:I In full torlhe "¡HHi SCllfd Wil8tr! CO)!flçtìon and fJ1ap06al SfHVicefl. Special A&$u$ment FisCõðl Imþact I. $2000 tCl re~ord the- Satllfaction of L.ian :i(2)J20()5 9'OO'j)O AM RIr'V'nu~ auplII'rv¡"or D... UBC5 317J20:05 1:07 AM ReIJllnuo ManaQef Oat. Approved By Tere.. RlCSIIn ~bllçUtlIUi«1 uscs. 3/1(2oo52:10.'M Dale Approved By John A., Yonk05kV PuÞllc UUlltleló Utility Bllllnjl Olr~çtor U8CS 31712005 3:20 PM oper.ltionti Director O.ate Approved By 'Tl'ioma$ Wi/.le. Public UtUltl4l$ PuÞllc Utml:hn; operlJtlnn" :JISI;t006 12':S.O PM Jllme¡,¡ W, OeLon" Public: UtIIltlltij A.dmlnlstrator D.te Approved By PubllclJli1Itl.IO PUhll( Uf.t1l1lcul Admlnl..lnulnn :\/101%0061:311 PM OMB' Conrdlnll;lor Admlni"u,ative Auljtant Oltte Appro"ed By r;ounly MiH\a.get'. omce OMc.n orMmagamCln1 /I. BudO!!"t 3J11JlGU60:3i' AM Approved By Rllndy Grllen..-....ld County Menag..r'1. Office Dale M.,naOftJ'l'lfiI'l1J9I1.dDf!t Analy.t omce of Mllna'iJlllm.nt & BudÇlet :1/1112005 ;:1:18 PM Michael Smykowski MMaOM'l'l«1nt" Budget Dlr~tor Dot. Appro.ed By County ""41".9""$ OfficII Ol'l\c. of Manaoel'l\Ø:rlt & Budget 3114/200& 11:)4 AM Approved By J.melO V, MlJdd Board of COUNty Commluioncus County M./Itlftgcrr Dale County Millna'il.f1t omctl 111./20069:"1 AM Agenda Item No. 16C2 March 22, 2005 Page 3 of 4 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 26580640003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Smith, Jannie M 3864 Coconut Cir S Naples, FL 341044604 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273. In the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as folloWs: COCONUT GROVE UNIT 1 BLK A LOT 16 Folio No. Project No. Account No. 26580640003 65000 5199 Collier County, a pOlitical subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney RESOLUTION NO. 2005- Agenda Item No. 16C2 March 22, 2005 Page 4 of 4 ...-. A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 In Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman Is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 5199 This Resolution adopted this _day of second and majority vote. , 2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attomey Agenda Item No. 16C3 March 22. 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact Is $10.00 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes a Satisfaction for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water , and/or Sewer System Impact Fees executed by: "..- SEE ATTACHED EXHIBiT uA" Full payment and satisfaction of this agreement have been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the sewer impact fee (Fund 413) by $729.18 The fiscal impact for recording the Satisfaction of Lien is approximately $10.00, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this agreement and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,..-- Ag.nd. IIRm No 16C3 March 22. 2005 P.ge2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Mooting D"'" 15C:~ Rl!cOlmn~nd.hlJn to approvo the S.tl1ïf8~lIon for B c~rta¡n ~ater andlor Scrwøl' Impact Fee Paymønt Agrel!'ml!n1 Fíricat Impact Ii $10.00 to reDord the Søtí1ifaction of Lil!n, 3122/2005 9:00~OO AM Item Numbllr Item Summary Appr..ed By P,¡mCaI!i'l. Rllvenue $upervl1oor Da1e PUblic U1I11Utl'\ uses 31112006 &:01 AM Approved By r.rua Rle'l.ltfI Rntnut "'an.g.' Do" Public UUlltlu UDes 317121)0& :Z:11 PM Approved By JCJhn A. Yanko.1cy UUllty Blllln; Director D... Public UUlitlM uacs 3nJ2D06 3:11 PM Approved By Thoma Wldeø Oper.'IOI'IA Dhectur D." Public Utllm~1i PUblic Ut1UtiOtlo Operation' 3/8r..!OU& 12:61 PH Approved By J.me$ W. DeLony Public Utlll1l.. Admlnl"n.tor Oat. Public: Utilities P'ubllç UtmÚeJ Admlnllltrntlon 3/10/2006 1:31 PM Approved By OM B Coordlnatnf AdrnilllMtmUVG A.,I,lanl D.I~ County M.n.ger'. OMc~ Office of Man.-gemen1 & Bl.uSget 3/11/2D051:43 AM Approved By SUsan Ulòher Senior "'.nrlgjfmentiBudget A.nalyst D... County Mana'ifer', O,",(;e OMctr of Manól:Ulment & Budget 3111120D51:51 J'M Approved By Miohael SmykoWJk¡ M"naQament & Budgat Dlroctor Dale County MandO.f':s. Office- Office u1 M..lilVefMnt & BudljJltl 3111120O!i 2:11 PM Approved By James V. Mudd Cou"l!, Menag.' Do.. Board of Counly 3/11120Q5 6:13 ~M Commjuloner. county Man.ge,'. Offtce Agenda Item No. 16C3 March 22, 2005 Page 3 of 4 EXHIBIT "A" 1. Patricia A. Hutchinson, a single woman, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68343560003 ,,,;.;¡¡~,,;,,¡¡;.,,",.,,;.,,,,;;,",,,..,,.,. Agenda Item No. 16C3 March 22, 2005 Page 4 of 4 Prepared by: Robert Zachary Assistant COunty Attorney OffICe of County Attomey 3301 East Tamiami Treil Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Patricia A. Hutchinson, a single woman Whose mailing address is 92 Isle of St. Thomas Naples, FI 33962 Bearing the date of the tt' day of January 2002, recorded in Official Record Book 2958 Page(s) 2578, in the Office of the Clerk of the Circuit Court of Collier County, Stata of Florida, which Agreement imposes a lien on the subject reel property. The Lien secures the principal sum of Seven Hundred Twenty Nine Dollars and Eighteen cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 92, PORT-AU-PRINCE, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 13, AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH THE CERTAIN 1971 CHAMPEON MOBIL HOME, BEARING IDENTIFICATION NUMBER C819884884 AND LOCATED IN AND UPON THE PREMISES LEGALLY DESCRIBED ABOVE. FOLIO NUMBER: 68343580003 Collier County, a political subdivision ofthe State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the OffICial Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of . 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attomey FRED W. COYLE, CHAIRMAN Agenda Item No. 16C4 March 22, 2005 Page 1 of 3 /,,---...< EXECUTIVE SUMMARY Recommendation to approve an Engineering Professional Services Agreement with Owen Ayres & Associates, Inc. under RFP #04-3713, Project #715163, in the amount of $167,000 and to approve a Budget Amendment to transfer funds within Project 71516 OBJECTIVE: To obtain the Board of County Commissioners (BCC) approval to enter into a contract under RFP #04-3723 to initiate the first phase of a projected two phases required for completing the Reclaimed Water Master Plan Project. The Master Plan will be fully consistent with the Growth Management Plan, which directs the County to conserve potable water resources. The Master Plan will conserve potable water by providing a 20-year outlook on implementing an irrigation water infrastructure, with an accompanying Revenue Structure to finance and sustain the said infrastructure. CONSIDERATIONS: The public purpose of this project is to optimize and conserve public irrigation and potable water resources. On September 23, 2004, the BCC approved the fiscal year 2005 Capital Budget for the Wastewater Impact Fee Fund (Fund 413). In Fund 413, a project exists that allows funds for a Reclaimed Water Master Plan Project. .-- Reclaimed irrigation water demand in Collier County far exceeds current available supply. There exists a substantial backlog of customers in the County who have requested reclaimed irrigation water -' the current waiting list contains 118 development requests totaling over 10 billion gallons of annual demand, or about 27.4 million gallons per day. On September 1, 2004, the County Purchasing Department advertised RFP #04-3723 - ''Professional Services to Develop Reclaimed Water Policy, Master Plan, Rate Study and Structure and Ordinance." On November 12, 2004, the Purchasing Department received Proposals ftom Owen Ayres & Associates, Inc., Hartman and Associates, Inc., and Hole Montes. On December 16, after presentations by the three proposers, the Selection Committee met and short-listed Owen Ayres & Associates number one and a contract has been successfully negotiated. In January, 2005, staff decided to change the word "Reclaimed" to "Irrigation" in the project title "Reclaimed Water Master Plan" to reflect the potential use of reclaimed water and other supplemental water sources for irrigation purposes, The scope of the entire Irrigation Water Master Plan Project will include Data Collection, Policy Considerations and Formulation, Master Plan Formation, Rate Structure Fonnation, Ordinance Formation, and LDC and GMP revisions. The first phase of the project includes Data Collection and Irrigation Policy Considerations and Formulation. The second phase of the project will include formation of the Irrigation Infrastructure Master Plan, Rate Structure, and Ordinance, and revisions to the LDC and GMP. ~.,-, The scope of the first phase will include: addressing existing reuse contracts, the reuse customer waiting list prioritization, quantity and availability of water, level of service, division of infrastructure costs, and fiscal policy considerations. All issues will be resolved through Agenda Item No. 16C4 March 22,2005 Page 20f 3 .....- coordination with the Development Services Advisory Committee (DSAC), Productivity Committee, County Attorney, and irrigation water users and other stakeholders. The development of an Irrigation Water Policy will require preparation of drafts for multiple meetings and working sessions with these entities to formulate sub-policies, before presentation and adoption of the final Policy. The project is divided into two phases because the Policy will detennine the extent of work required for the remainder of the project. FISCAL IMP ACT: A Budget Amendment is required to transfer funds between WBS elements within Fund 413 (Wastewater Impact Fees Fund) Project 72516: 725163 (2005 Reclaimed Water Master Plan - subject project) has $50,000 in it; 725161 (2003 Reclaimed Water Master Plan) has $126,374.99 that should be transferred to 725163 (2005 Reclaimed Water Master Plan) to fund the subject Professional Services Agreement and include a contingency. Expense FY05 Budget $50,000 (Proiect 725163) $126,374.99 (Subject Budget Amendment - from Project 725161) Subject Professional Services $167,000 Aereement Continaencv $9.374.99 Total $176,374.99 $176,374.99 .- GROWTH MANAGEMENT IMP ACT: This project is consistent with the 2003 Wastewater Master Plan Update adopted by the BCC on May 25, 2004 as Agenda Item 10(C), as well as the GMP, which directs the County to conserve potable water resources. RECOMMENDATION: That the Board of Collier County, Florida, as Ex-officio the Governing Board of the Collier County Water Sewer District: 1) Enter into and authorize the BCC Chairperson to sign the standard Professional Services Agreement with Owen Ayres & Associates, Inc. under RFP #04-3723, "Professional Services to Develop a Reclaimed Water Policy, Master Plan, Rate Study and Structure and Ordinance" for the first phase of the project - formulation of a County Irrigation Water Policy - in the amount of $167,000 2) Approve a Budget Amendment within Fund 413 in the amount of $126,374 to transfer funds to Project 725163 as outlined in the Fiscal Impact section above. PREPARED BY: Paul Kwa, Project Manager, Public Utilities Engineering Department ..- Agenda ne", N<o. 16C4 M.rch 22, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Moetlng Dlte 1~C4 R~r;omr"et'\dat¡on to appro.....!!I an EnQin~,,'in1¡ P,c¡IMaÎC¡1'\f1i Stlrvlcel. ,A.grefHTlt;f\t with Owen Ayreu & A.1I",oci.tll~ '1'\1: undfH HFP "1(}.4·3"2;~, í:lrot!ct ;.rl25"t63. In 1r1~ amount of $167,000 .aod 10 appto...e .a Bl.ldgf!t Amf!ndmet'\1 to trant-fer fUnda aMong Work 8reakdown Structurr. ElementB within Project 72516 312212C05 9 00'01) AM Ibm Number ttem Summary Prepared By Date pjlul t<W<I PrO/-=t MUMOer 31.&12(111) 10:!iO:Q7 AM Public Utllltle$ Public Utilltle. EnQh,cutnng Approved By Trf;VQt Trink_lis als ArlltlY$1 D... Public Utlllti.. f1ublic Utillthts £.nglne.,lng 3/410100511:29 AM Approved By Roy B. Anderton! P. E. Public. Utilities EnglncerlnQ DI'ector 0.,. public: UtfIUl... Publl(: Utllltle~ Envlnltertni :1.1812006 6:01 PM Approved By Jonph e, Chuthlm Wastewe.ter Dlreçtof Dot. Public umn,atl Wlttltt!Water Trutrnent 31012.OO51:44PM Approved By Lyn WOQd Purc:hnjnv A\Jent DIt. Admlnl1itlatl'Jl Ser'Jlcltllii PIJfch¡u¡lng )110(2005 1 :5. PM Approved By TIU.H'f1J1!i Wld.1Ii; Op.,atlons Ohl&Ctu' D... PUblic: UtjUtilts Public Utlllti"jI ope-raUons 3/101200& ):19 PM Approved By 5t.v. Carnell PU1chu¡",glGtil"le,-' &VCii D¡~ctD' QJlte Admlni1.trative !3erV(;e\l Purch,ntng 3J1\1IZOOð 3:33 PM Approved By Jal..,.1I W, OlfL,(ony Public UtUiUIT$ AdmlnltlotrutDf Pale .'ubl!c Utmtl... Public t.Jtllitllillo AdmlnlaU.tlon 3/1D/2aoS .t:2li PM Approved By OMS Coordinator Admlhi$ultive A.a.lslllf\t D... County Manager's OffIce omçe of M.ln.gement &. 9udglt J/11f2006i 9:50 AM Approved By Suu" U..hltr StÞnlot ManlgemttnV8uclgcrl .'In8Iy.1 Cltlt! COUllty Manllget'" omce omult of rAar\llouument & BUd\let 3/1112Q06 4:46 PM Approved By Miçhael e.mvkowsld MMOfiItpment ø. Budljef Dlr~or Date County M _""gift's Offlclt OMr:. 01 Managetnnnt ø. Ðodget 3/151200& 1;1:58 PM Approved By Jalnt'"' V. Mudd C~utlty M.n~øef D... RDllrd ot coo'\tv ComnlluJClfu:!ra C.CHJtlly Mlln_Dtlr'$ Oftlr.n 3116120063:13 PM Agenda Item No. 16C5 March 22, 2005 Page 1 of 15 ,- EXECUTIVE SUMMARY Recommendation to approve three (3) Work Orders under RFQ #03-3522, "Testing Services for Inßow and Infiltration Study," with Advanced Underground Imaging, LLC and Severn Trent Environmental Services, Inc. under the North County Inflow and Intlltration Study Project, Project Number 725021, in the total amount of $266,357.96, and approve a Budget Amendment in the amount of $93,747.96 OBJECTIVE: To obtain the Board of County Commissioners (BCe) approval for three work orders and a Budget Amendment for inflow and infiltration testing selVices in support of complying with a Florida Department of Environmental Protection (FDEP) Consent Order. CONSIDERATIONS: The public purpose of this phase of the project is to support field-testing work for the North County Inflow and Infiltration Study. The project scope involves developing recommendations for improvements to the North County Wastewater Collection System that will limit the groundwater and storm water inflow into the wastewater collection system. This work is necessary in order to comply with the FDEP Amendment to a FDEP Consent Order, dated April 16, 2003. On September 23, 2004, the BCC approved the fiscal year 2005 Capital Budget for the Wastewater User Fee Fund (Fund 414). In Fund 414, a project exists that allows funds for a r- North County Wastewater Inflow and Infil1ration Study, a FDEP Consent Order project. On January 27, 2004, as Agenda Item 16(C), the BCC approved Work Order #GH-FT-04-03 with Greeley & Hansen, LLC (G&H) under Fixed Term Contract #00-3119 to perform the project's engineering design. The Project Manager (PM) of this project has collaborated with G&H and the Collier County Wastewater Collections Department to determine the area of the County Wastewater Collection System requiring field-testing using four conventional methods: Manhole Inspections (MIl), Flow Monitoring (PM), Smoke Testing (ST), and Closed Circuit Television Inspection (TV). To perform the field testing, the BCC, on July 29, 2003 as Agenda Item 16(C)18, approved the Selection Committee's Short List Ranking for RFQ #03-3522, which authorizes the Chairman to execute con1racts with four field testing firms: STES, RJN Group, All, and Equitas Sewer Services, LLC (ESS). The PM has worked with G&H to develop a Scope of SelVices to define the field-testing work, and then with the Collier County Purchasing Department to solicit quotes for MH, TV, FM, and ST from STES, RJN, All, and ESS under RFQ #03-3522. G&H's recommendation on award is attached. Lowest bids are shown in bold, and the consultant has recommended awarding Work Orders to the lowest bidders, as categorized by field testing procedure. Staffhas reviewed and supports this recommendation. The PM, County Wastewater Collections Department, and consultant have decided to perform inspections on another one hundred nineteen (119) manholes beyond the original scope in order to detennine manhole adequacy in suspect areas in the vicinity of Pine Ridge Industrial Park ,-- Agenda Item No. 16C5 March 22, 2005 Page 2 of 15 ..,-" which were overlooked. Therefore, Change Order No.1 to Work Order ESS-Fr-05-01, Project No. 725021, to ESS in the amount of$7,140 is necessary. Change Order No.1 win be reported administratively on the March BCC Administrative Reports. FISCAL IMPACT: There is currently $204,750 in the FY05 Wastewater Fund 414 Budget for this project - Project Number 725021. To fund the subject field-testing services ($273,497.96) and include a $25,000 contingency, a Budget Amendment in the amount of $93,747.96 is required to transfer funds from Fund 414 Reserves to Project 725021 (Fund 414). Expense FY05 Budget $204,750 (Existing) Subiect Work Orders $266,357.96 MIl Change Order No.1 $7.140 Total $273,497.96 $93,747.96 (Subject Budget Amendment) Contingency $25.000 Total $298,497.96 $298,497.96 The South Florida Water Management District (SFWMD) may fund up to $80,000 of the cost of this North County Inflow and Infiltration Study. At the request of the SFWMD, the PM is currently preparing a status report to submit to the SFWMD to obtain potential grant money. ,....-. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2003 Wastewater Master Plan Update adopted by the BCC on May 25, 2004 as Agenda Item 10(C). RECOMMENDATION: That the BCC of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water Sewer District, approve: 1) Work Order #AUI-FT-05-01 with AUI in the amount of $113,750 to perform Flow Monitoring field testing work and authorize the Public Utilities Division Administrator to execute the Work Order, and that the BCC waive the $100,000 limit on work orders in the best interest of the County 2) Work Order #AUI-Fr-05-02 with AU! in the amount of $78,633.36 to perform Smoke Testing field testing work and authorize the Public Utilities Division Administrator to execute the Work Order 3) Work Order #SAU-FT-05-01 with STES in the amount of $73,974.60 to perform Closed Circuit Television Inspection field testing work and authorize the Public Utilities Division Administrator to execute the Work Order 4) a Budget Amendment in the amount of $93,747.96 to transfer funds from Fund 414 Reserves to Project 725021 within Fund 414. PREPARED BY: Paul Kwa, Project Manager, Public Utilities Engineering Department ,--, Agenda Hem No 16C5 March 22, 2005 Pag!:! 3 of '15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16'.:':5 Re-G()m~n"r;<jati.)n to approve thf(',e {3) \Norn Ord~r$ \JmJfH RFa #03·3~22 'T~titìrtg Selvke:; f<;>i- ir,f!CJw aM lr;f¡ltra1ìc!!1 Stud,!!." v.'iU¡ I\IŸ<ltw..ed Ut'tdotffjf(IUncllrn<qi!lg_ LLC ilnd Se"~tl'1 Trent F..nvlr(.l!'lmatltal SE'.rVIC':f.!8, ¡nc ~mder the Nol1h CO\Jntï Inf10w and infiltration -Study PWIf:ct, PícJec1 Numbljf 725D21 , in Ü"a:~ total am();,¡nt of $26ß,357_36 and ¡;Pprov(: a Budgel Amendment in the arn:)unl o~ !ìÐ3,741.9G Meeting Date 312;ll2Ú05 g-OOOU AM Prepared By Dale PaulKwII Projl!:l;t Manager JIJ~Z¡;¡D5 2:211:29 PM PlIbj!c UliHtíe50 Public Uti!iti~,; Engineeril1Ç1 Approved By n~var TrlnkalH; GIS An;¡ly:¡;1 DatI! Public Lltilltios Publit Utilities. E!'IQ'it1/tcring 3¡.tJ2QO.s 11:27 AM Approved By Roy B. Anderson, P.L Public. lJtJl!til~S F.ngIMr.nng Qirr-.c,tor Da'~ Public Utll1tle!> Public UtHltie1ii Engineering 31t1IZ¡;¡U6 5:04 PM Approved By Jos~ph B. Chr.atham Wastewater mrifctor o.,tc Public Utilities \Na!>teWäter Treatment 3.19120051::39 PM Approved By Lyn Wood Purchas,ll1Ç! Agenl Date Adm"jstfatli(~ Ser..¡ç.e:!> P'urchi!lslng 3/10/2005 1 :54 PM Approved By lhom3!. W!de-s operatioos. Director D<lt~ Public Utilities PubHc. Utilities Opet3th.)IUi 3! IOJ2005 J: (¡ PM Approved By Steve C3,nell ~'urchasil1<;IGe"e,&1 $'Jcs Director Date A.dmin¡!itt"ti...~ Serviœ... PUrcl1i11sin'j 3;10/2006 3:~? PM Approved By Junes w. Oel-ol)', PubUç lItU~!if~$ Admini5trclIDr Dal~ PUbljc; lJlilitlc!. Public Utllìtie¡; Administration 3J1(J2QD5 ~:l3 PM Appro,"'cd By OM!) Goordfni!ltof Admini$l:rahvl!: A:¡;r,ìstant D¡rt~ County Mt:lnaRN'¡;. Offlî.e Office of Management 3. Budge>t 3J1112005 1'1:51 AM Approved By S¡,m.an U$her Se.niot Maf1.3{!ltmfmtrßudgltt AnalY!lt 031(': CQunty ManiJger':i Office Office of Matl3gemen\ & Budgl!l 3/1112005 4:01PM Approved By Michael smykows,l<;i Management ~ Budget [Jir~ctor Date Cuurlty M~lUlg~(!; om<:~ Of(IE;1!: 01 MalHlgemetlt & Buuyet 3/15/20055:23 PM Appro\'cd B)' Ja.me" V. Mudd County Manage.· Date BDtHd of County' Commissioners Cou,1ty M~H19~H'" Office ]i15/20Q5 11:43 PM Agenda Item No. 16C5 March 22, 2005 Page4of15 WORK ORDER #AUI-FT-05-01 Testing Services for InflowlInfiltration Study Contract RFQ #03-3522 Dated July 29, 2003 This Work Order is for contractor testing services, subject to the terms and conditions of the contract above, for work known as Flow Monitorin~ for the North County Inflow and Infiltration Study Reason for Proiect: To perform one of the steps required to satisfy a Florida Department of Environmental Protection Consent Order The work is specified in the proposal dated November 19, 2004 from AUI, the RFQ dated Nov. 9, 2004, and the RFQ Amendment #1 dated Nov. 12, 2004, which are attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #AüI-FT-05-01 is assigned to AUI, LLC. Scope of Work (as outlined in the attached proposal and RFO): Perform Flow Monitoring in accordance with criteria set forth in the proposal dated Nov. 19, 2004, the RFQ dated Nov. 9, 2004, and the RFQ Amendment #1 dated Nov. 12, 2004: Task 1: Perform Flow Monitoring at 40 locations to be provided by Greeley and Hansen LLC. Schedule of Work: Complete all work by Oct. 1, 2005. Compensation (as outlined in the attached proposal): In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the unit cost and total amount indicated in the schedule below. Task 1: Flow Monitoring: Installation and Removal 40 FMs @ $700/FM Maintenance 40 FMs X 12 weeks X $150/FM/wk Installation and Removal 11 RGs @ $350/RG Maintenance 11 RGs X 12 weeks X $75/RG/wk Rain Gauge: TOT AL FEE $113,750.00 Any change within monetary authority of this Work Order made subsequent to final department approval wi II be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREP ARED BY: Paul Kwa, P.E., Project Manager, Public Utilities Engineering Department Date AUTHORIZED BY: Steve Carnell, Purchasing Department Director Date AUTHORIZED BY: Joe Cheatham, Wastewater Department Director Date Agenda Item No. 16C5 March 22, 2005 Page 5 of 15 AUTHORIZED BY: Roy B. Anderson, P.E., Director, Public Utilities Engineering Department Date APPROVED BY: James W. DeLony, P.E., Administrator, Public Utilities Division Date Approved as to Form and Legal Sufficiency: Assistant County Attorney ACCEPTED BY: AUI. LLC Authorized Company Officer Jeff Callahan, President, AU!, LLC Date WITNESSES (2): Fund: 414 CC: 263614 Commitment Item: 631400 WBS Element #: 725021 BCC: 3/22/05 Ag. It. 16.C _. Agenda Item No. 16C5 March 22, 2005 Page6of15 WORK ORDER #AUI-FT-05-02 Testing Services for Inflow/Infiltration Study Contract RFQ #03-3522 Dated July 29, 2003 This Work Order is for contractor testing services, subject to the terms and conditions of the contract above, for work known as Smoke Testing for the North County Inflow and Infiltration Study Reason for Proiect: To perform one of the steps required to satisfy a Florida Department of Environmental Protection Consent Order The work is specified in the proposal dated November 19,2004 from AUI, the RFQ dated Nov. 9, 2004, and the RFQ Amendment #1 dated Nov. 12, 2004, which are attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #AUI-FT-05-02 is assigned to AUI, LLC. Scope of Work (as outlined in the attached proposal and RFQ): Perform Flow Monitoring in accordance with criteria set forth in the proposal dated Nov. 19, 2004, the RFQ dated Nov. 9, 2004, and the RFQ Amendment #1 dated Nov. 12, 2004: Task 1: Perform Smoke Testing for 436,852 LF of sanitary sewers associated with master pumping stations provided by Greeley and Hansen LLC. Schedule of Work: Complete all work by June 1, 2005. Compensation (as outlined in the attached proposal): In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the unit cost and total amount indicated in the schedule below. Task 1: 436,852 LF @ $0.l8/LF TOT AL FEE $78,633.36 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 an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: Paul Kwa, P.E., Project Manager, Public Utilities Engineering Department Date AUTHORIZED BY: Steve Carnell, Purchasing Department Director Date AUTHORIZED BY: Joe Cheatham, Wastewater Department Director Date Agenda Item No. 16C5 March 22, 2005 Page 7 of 15 AUTHORIZED BY: Date Roy B. Anderson, P.E., Director, Public Utilities Engineering Department APPROVED BY: Date James W. DeLony, P.E., Administrator, Public Utilities Division Approved as to Form and Legal Sufficiency: Assistant County Attorney ACCEPTED BY: AU!. LLC Authorized Company Officer Jeff Callahan, President, AU!, LLC Date WITNESSES (2): Fund: 414 CC: 263614 Commitment Item: 631400 WBS Element #: 725021 BCC: 3/22/05 Ag. It. 16.C Agenda Item No. 16C5 March 22, 2005 Page 8 of 15 WORK ORDER #SAU-FT-05-01 Testing Services for Inflow/Infiltration Study Contract RFQ #03-3522 Dated July 29, 2003 This Work Order is for contractor testing services, subject to the terms and conditions of the contract above, for work known as TV Inspections and Line Cleaning for the North County Inflow and Infiltration Study Reason for Proiect: To perform one of the steps required to satisfy a Florida Department of Environmental Protection Consent Order The work is specified in the proposal dated November 19, 2004 from Severn Trent Environmental Services, Inc., the RFQ dated Nov. 9, 2004, and the RFQ Amendment #1 dated Nov. 12, 2004, which are attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #SAU-FT-05- 01 is assigned to Severn Trent Environmental Services, Inc. Scope of Work (as outlined in the attached proposal and RFO): Perform Closed Circuit Television Inspection and Line Cleaning Services in accordance with criteria set forth in the proposal dated Nov. ] 9, 2004, the RFQ dated Nov. 9, 2004, and the RFQ Amendment #] dated Nov. ]2,2004: Task 1: Perform Closed Circuit Television Inspection and Line Cleaning for 70,452 LF of sanitary sewers at locations to be provided by Greeley and Hansen LLC. Schedule of Work: Complete all work within 60 calendar days from Notice to Proceed or by June ], 2005, whichever is earlier. Compensation (as outlined in the attached proposal): In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the unit cost and total amount indicated in the schedule below. Task] : 70,452 LF @ $1.05/LF TOT AL FEE $73,974.60 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 an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: Paul Kwa, P.E., Project Manager, Public Utilities Engineering Department Date AUTHORIZED BY: Steve Carnell, Purchasing Department Director Date AUTHORIZED BY: Joe Cheatham, Wastewater Department Director Date Agenda Item No. 16C5 March 22, 2005 Page 9 of 15 AUTHORIZED BY: Roy B. Anderson, P.E., Director, Public Utilities Engineering Department Date APPROVED BY: James W. DeLony, P.E., Administrator, Public Utilities Division Date Approved as to Form and Legal Sufficiency: Assistant County Attorney ACCEPTED BY: Severn Trent Environmental Services. Inc. Authorized Company Officer Edward Goscicki, P.E., President, Severn Trent Environmental Services, Inc. Date WITNESSES (2): Fund: 414 CC: 263614 Commitment Item: 631400 WBS Element #: 725021 BCC: 3/22/05 Ag. It. 16.C GREELEY AND HANSEN LLC Agenda Item No. 16C5 March 22, 2005 Page10of15 4415 METRO PARKWAY, SUITE 200 FORT MYERS, FLORIDA 33916 PHONE 239-226-9660 FAX 239-226-9663 January 12, 2005 www.greeley-hansen.com ~r.PaulJ(wa,P.E. Proj ect ~anager Collier County Public Utilities Engineering Department 3301 E. Tamiami Trail Bldg. H Naples, Florida 34112 Subject: InflowlInfiltration Study Testing Firm Cost Proposals Contract 03-3522 Dear Mr. J(wa: We have tabulated the cost proposals received by Collier County for Flow Monitoring, Smoke Testing, and Closed Circuit Television Inspection as part of the Inflow and Infiltration Study for the North County Wastewater Service Area and present our findings herewith: 1. General Cost proposals were invited on November 19, 2004 by a Request for Proposal to the four selected testing firms. The proposals were received from the testing firms on November 19,2004. 2. PropOsals Received Four Cost Proposals were received for Contract No. 03-3522, Inflow and Infiltration Study, for the South County Wastewater Service Area. The individual submitted Cost Proposals have been tabulated and are summarized as fol- lows: . Name and Address of Flow Monitoring Smoke Testing Closed Circuit Tele- Testing Firm vision Inspection 1. RJN Group Inc. 160 SW 12th Ave. Suite 110 $ 279,324.00 $ 152,898.20 No Bid Deerfield Beach, FL 33442 2. AUI 11511 Philips High- way $ 113,750.00 $ 78,633.36 $ 102,155.40 Jacksonville, FL 32256 QUALITY SINCE 1914 Agenda Item No. 16C5 March 22, 2005 Page 11 of 15 Paul Kwa -2- January 12,2005 Name and Address of Testing Finn 3. Severn-Trent Avatar Utility Services 5726 Corporation Circle Fort Myers, FL 33905 4. Equitas Sewer Ser- vices P.O. Box 618066 Orlando, FL 32861 Flow Monitoring Smoke Testing Closed Circuit Tele- vision Inspection $ 500,109.00 $ 109,213.00 $ 73,974.60 No Bid $ 152,898.20 $ 186,697.80 A detailed tabulation of the submitted Cost Proposals showing individual Contract Item unit and total prices is included with this report as Exhibit 1. 3. Recommendations We have discussed the proposed locations for Flow Monitoring, Smoke Testing and Closed Circuit Television Inspection with David Fitts from Wastewater Collections. ,..- We recommend that a work order be issued to AUI as follows: Work order for 11 rain gauge locations, 40 flow monitoring locations and smoke testing of 436,852 LF of sanitary sewers associated with the following master pumping and lift stations: 101, 104, 110, 113, 115, 121, 123, 124, 125, 127, 133, 134, 136, 143, 153, 155, 888.23, 888.24, 999.27, 999.28, 999.29, 999.43, 999.44, and 999.45 in the amount of $192,533.36. We also recommend that a work order be issued to Sevem- Trent as follows: Work order for closed circuit television inspection of 70,452 LF of sanitary sewers asso- ciated with the following master pumping stations: 113, 129, and 133 in the amount of $73,974.60. - GREELEV AND HANSEN ......c Paul Kwa - 3 - 4. Attachments Enclosures Agenda Item No. 16C5 March 22, 2005 Page 12 of 15 January 12,2005 Attached are two packages that contain maps and spreadsheets with detailed Flow Moni- torlRain Gauge, Smoke Testing, and Closed Circuit Television Inspection location infor- mation. One package is for your use and one is for the testing firm. Yours Very Truly, ~ Greele ndh:: Tim O. Moore II, P.E. GREELEY AND HANSEN LLC EXHIBIT 1 Agenda Item No, 16C5 March 22, 2005 Page 13 of 15 COWER COUN'TY WATERoSEWER DISTRICT .........,... INFLOW AND INFILTRA110N STUDY ,......... TMtlng Firm COlt P'roposIØ ()poN"o r-: Janu..-y 10,2005 PIOOCI Mgr: Paul Kwo Pooting On: JOftIlOl'f '0, 200i _ SeIt: PIon Sell Sold: PO<I<agn Rllt'd: . NlA . Greeley and Hansen LLC r--I &Mom. T_Avotar Utlty EquItalSeMr_t,)l RJN Group, Inc, AUt SorvIcoI I 160 SW 12th Ave, Sullo .,0 11611 ~ HiglMay :::::-::;=- p,O, _ 0100ee NO,OF Doer1IeId BolICh. FL 33oW2 ','Õî'A[- JacksOnYIIe. FL 32258 <::::::"1=-'"''"=! ITEM NO. CONTRACT ITEM DESCRlPT10N UNIT UNITS UNIT PRICE I UNIT PRleE~TOTAL UNIT PRICE--r TOT';;¡:-- í 1-A INSTALLATION AND REMOVAL OF FLOW MONITOR .-A.A Unit """" per UJCation (Up to '0 La<:aä¡nol $ lIIIO,00 $ 1,000,00 $ 2,~..OO NeBld ! 1-A.8 Unit PrIce per UJCation (11 to 20 LocoIIo"> $ IlOO,00 $ 750.00 $ 2,112.00 NoBiCI '-A,e una Price per LocaIIon (More Ulan 20 LocaIIon.) EA 40 $ 020,00 $ 32,1!OO,00 $ 700,00 $ 20,000,00 $ 1,912,00 $ 16.480.00 NoBkf 1-B MAINTENANCE OF FLOW MONITOR t-B.A UnIt Price per ~ (Up to 10 LocatIo..) $ 560,00 $ 200.00 $ 006,00 Ne BId 1-B,B UnIt Price per UJCation (11 to 20 LocatIoIW) $ 530.00 $ 115.00 $ _,00 No BiI ¡ '·B.e Unit Price per Loc;IIUon (More than 20 Lo<ationo WKS 12 $ 0185,00 $ 232.100.00 $ 1150.00 $ 72,000,00 $ 766,00 $ 307,080,00 NeBId t·e INSTALLATION AND REMOVAL OF RAIN GAUGE 1-C,A Unit Price per UJCation (Up to 10 Loc;oIIonI) $ 550.00 $ 400.00 $ 476.00 No BJd ! '-C,B UnIt Price pet' LocatIon (1'10 20 LocatIoIW) EA 11 $ 500.00 $ 5,500,00 $ 360,00 $ 3,1150,00 $ ~75.00 $ 5,220,00 No Bid NlA I l-CcllA>II Price per LocatiOn (More than 20 L.ocoIIoIW $ 480.00 $ 300,00 $ 375,00 No Bid I ,·0 ,IAINTENANCE OF RAIN GAUGE , I i·0.A. Unit Price per Location (Up to 10 Locationo $ 30.00 $ 00.00 $ 357.00 NeBId 1-D,B UnIt Prlee per Location (1110 20 LocatIoIW) WKS 12 $ 32.00 $ .~,oo $ 75.00 $ 8,900.00 $ 357,00 $ 47,12UO NeBid NlA 1..o.C Unit PrIce per LocatiOn (More than 20 ~) $ 28,00 $ 50,00 $ 257,00 NeBid AJIomaIo".PlI)ft'1OI1Iond-- .___01_ LS $ 4,000,00 $ 4.000,00 $ 2,000.00 $ 3,eoo,00 $ 3,000,00 exceed $200,000,00 -IQ!!U- $ 278,32.4,00 $ 1137SQ.OO $ 000,11M1,00 '¥~ i 2 SMOKE TESTING I i I 2,A UnII P,ica per L....., Foot (0 to 160,000 L,F.) LF $ 0.39 $ 022 $ 0,33 $ 0..05 ! 2.B UnI Price per LIr108I Foot ('60,000 LF, 10 260,000 LF,) LF $ 0.37 $ 0,20 $ 0,20 $ 0,,," 2.e Unit Price per LinUI Foot (Mole..... 2SOQ,000 LF,) LF 430,052 $ 0.35 $ 152,188,20 $ 0.'" $ 7U33,30 $ 025 . 11M1,213,00 $ 0,35 $ '·~d i Attemate *1 . p~ and PetfonnaC8 BondI - Sh.:Ud tWIll cOlt of VI/QI1Ii: LS $ 4,000.00 $ 2,500.00 $ 1,1500.00 $ 2,000.00 exceed $200,000.00 TOTAL $ 152,aøe.2O $ 78 833.36 $ 1QQ.213.00 $ 152,~.2O Page1af2 .~--,.".=..~~., COWER Cot.ffiY WA TER-5EWER DlS'IRICT _,. INFLOW AND INFILTRATION STUDY Tooting FInn Coot P~ """" 0. January 10. 2005 Groeey and Hanlen LLC ._._.~.- ¡ ITEM NO. CONT'RACT ITEM DESCRIPTION 3-A ClOSED CIRCUIT TElEVISION INSPeCTION WITH UNe ClEANING 3-A.A U'" Price per LInooI Fool (Up ID 30.000 LF) UghtCleanlng Medium CIoanIr Heavy Cleaning 3-A.B UnI Pr1ce per L.i'1eaI Foot (30.000 10 ðO,OOO LF) UghtCJeanlng -... CleanIng r 3-Ã.C UnI P1bI per li1eaf Foot (more than 50.000 LF) !~~ I I;;~-__·~__m_ ï-'-- - l_!.OTA1. i TOTAL COMPUTED PRICE BY BIDDER TOTAL COIAPlITED PRiCe BY GREELEY ANC HANSEN LLC TOTAL PRICE OF RECOMMENcED WORK BID SECURITY . BONC COMPANY -~ Ustm_ !~ [Jrench-šiiiõiYAc1 ~. Bid Bond C 'u j _~m Received :-P...chasllg AU- Undetennlned r--~~ Undetennined L___ NOTES: 1. Bidder t8qures rnnmum moblzation of 10,000 LF. 2. Hoavy cIeanIrv ........."" ._ "CIoood Ck<:uII T_1on Inspection Bids. EXHIBIT 1 ~ect Mgr. Paul Kwa PooI01g Cole; .hInuory 10. 2005 RJN GnqI. Inc. 160 SW 12th Ave, Sute 110 NQ.OF CoeIfto!d Beoch-+,,!- 33oU2 UNIT UNITS UNIT PRICE TOTAL LF NOBlC $ LF LF LF LF NOBIC $ LF LF LF LF 70,.452 NO BlC LF LF LF LS NlA $ $ Nore LIIIod ID Dale NlA NlA I NlA NlA NIA I "~- ¡ --.---.-- _ Sent Plan Seta Sokt Packages Rec'd: 4 NIA 4 AUI 11511 PhiIIpo Hig'-Y ~.dtf5ð TOTAl" so.om.TrontA.-WIty Ser.licoo 572S Cofpo<aIion C>do Fort -.s. FL 3390S UNIT PRICE ·TOT..... $ ....5 $ $ 0.87 $ 0.10 $ $ 0." $ 0.10 $ $ 0." $ 0.10 $ $ 0.60 $ ....0 $ $ 0.80 $ 0.10 $ $ 0.55 $ 0.10 $ $ 0.155 $ 0.10 $ $ 055 $ 1.3t1 $ 95,110.20 $ 0.55 $ 0.10 $ $ 0." $ 0.10 $ $ 0." $ 0.10 $ 7.04t1.2O $ 0.50 $ 2,!500.00 $ 1.500.00 $ 102,155.40 432.222.20 $ 294,538.76 .(32,222.20 $ 294.531.76 None LIIIod ID Dale NIA I NIA NIA , NlA NIA NlA NIA , NlA NIA NlA NlA NlA $ $ $ $ $ $ 863.296.60 $ 863.208." Agenda Item No. 16C5 March 22. 2005 Page 14 of 15 ~ Equa.as Sewer _. (1) i P.O. b. 61806E1 ' "~~~~ -TôTALl- -' $ 090 $ 165 $ - $ 1.60 $ . $ 1115 $ . $ 060 $ 185 $ . $ 160 $ . 38,14&.80: ~:~: 49'316~j $ 1.65 $ . $ 1." $ . 35.226.00 $$ 1.95 S 137'381J'0 2.000.00 $ 1 B6.59~ 73,&74.1:10 - $__~92 $ 339.5"" NIA NlA NIA iliA iliA NlA ¡ -----¡ - --¡ [ ~ ~ - - Page 2 of 2 Agenda Item No. 16C5 March 22, 2005 Page150f15 Project Name: Qtr'I Q\r2 Qlr3Qt11&>Qtr'lQtJ2' Qtr3 QtoIIIQtr1 Qtr2 Qtr3 QIr4 i Qtr1 > QI,I2'Qtr3Q1r4' Qtr'I Qtr2 >~Qtr4 EVENT Coat Lend Acqul8ltlon COnltructlon NJA.d nd Z nl NJA Deslgn/Pem'llt ,NO,OOG NIA Inspection NIA NIA Pl'Clject Total NlA Recommended Action: Recommendation to approve three (3) Work Orders under RFQ #03-3522, "Testing Services for Inflow and Infiltration Study," with Advanced Underground Imaging, LLC and Severn Trent Environmental Services, Inc. under the North County Inflow and Infiltration Study Project, Project Number 725021, in the amount of $266,357.96, and approve a Budget Amendment in the amount of $93.747.96 Agenda Item No. 1601 March 22, 2005 Page 1 of 9 -" EXECUTIVE SUMMARY Recommendation to award bid #05-3720 to multiple vendors for purchase and delivery of fertilizer at an estimated annual expenditure of $150,000 Objective: To maintain healthy and beautiful facilities at the lowest possible cost. Considerations: Collier County purchases fertilizer throughout the year for maintenance of facilities countywide. Invitations to bid for contracted vendor status for purchase and delivery of fertilizer were sent to 57 bidders. Eight businesses requested bid packages, and four bidders returned proposals by the due date. Staff has reviewed the proposals and recommends Pro Source One, Helena Chemical Company, and Regenerated Resources, and Lesco, Inc. be named primary, secondary, and tertiary vendors for fertilizer on a line-by-line basis as indicated on the attached bid tabulation sheet. The tenn of the award is two years. ~ Fiscallmoact: Funds are included in the FY 05 and tentative FY 06 budgets in various maintenance budgets within the MS1D General Fund (Ill), General Fund (001), and Pelican Bay MSTBU Fund (109). Growth Manaaement ImDact: Facilities to be maintained are inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners awards bid #05-3720 to Pro Source One, Helena Chemical Company, Regenerated Resources, and Lesco, Inc. as primary, secondary, and tertiary vendors for purchase and delivery of fertilizer on a line- by-line basis as indicated on the attached bid tabulation sheet. PreDared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Dept. ..-' Agenda Item No. 1601 March 22, 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1601 Recommendation to award bid #05-3720 to multiple vendors for purchase and delivery of fertilizer at an estimated annual expenditure of $150,000. 3/22/200590000 AM Item Number Item Summary Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 2/24/200510:36 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 2/25/2005 2:48 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 2/25/2005 3:33 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 2/28/20054:23 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/4/2005 2:08 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/4/20054:12 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 3/8/20054:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/200511:17 AM Approved By James V. Mudd County Manager Date Board of County Agenda Item No. 1601 March 22, 2005 Page 3 of 9 Commissioners County Manager's Office 3/14/20058:19 PM Bid 05-3720 Purchase Delivery of Fertilizer DUE: 12101104 P«>ect Mgr.: JctIn Velt PIorks Recrtl8lion Agenda Item No. 16D1 March 22, 2005 NotI&e@ent c5tr9 Packages Requested: 6 ITEM DESCRIPTiON ProSouree OM Helena Chemkal Company" 16-4-350% Slow Release Price 2 16-4-3 25% Slow Release Priee 3 5--5-2 Price 4 21-0-0 Ammonium Sulfa1e Price Ntn 5 34-0-0 Ammonium Nitrate Price NIB - 6 24-6-19 Osmooote 8-9 month slow release Price NilJ NIB 7 15-5-15 Price NIB 8 24-5-11 Slow Release Price Ntn 9 8- 1 0-10 with Micronutrients Price NIB 10 10-5- 10 Price NIB 11 8--4--8 Price NIB 12 17-5-11 Price NIB 13 13-3-13 Price NIB Page 1 of3 Bid 05-3720 Purchase Delivery of Fertilizer DUE; 12101!04 P«>eá Mg,: Jonn V";1 Parka Rocreørion Agenda Item No. 16D1 March 22. 2005 Notiéèe@erði ðt19 Packages Requested; 6 DESCRIPTION ProSource One Helena Chemical Company" Regenerated Leøco, Inc. " Resources! 14 14-14-14 Polv Plus Sulfur Cooted I Price per ba NIB NIB $\0t{\j;.fm~fi:$1$)'PØ: 15 0-0-22 So-Po-Ma¡;¡, I Price 1JO..'f NiB 16 15-3-15 50"/0 Slow Release I I Price per ba¡;¡, b'$JÙ;t:B,:!¡t:j!·!?84id NIß NIB 17 8-0-1 5 50-1 I I I Price per ba "'.. NIB 18 6-0-22 66% Slow Release I I I Price per baa "'~, NIB NIB ti¡¡J,!jj:tMii[i~i~1$91~~1 19 8-10-10 25% Slow Release I I I Price per bag NIB NIB 20 8-10-10 37% Slow Release I I Price per ball. ¥,$;:]jf;:;1ii}1Æ~&5:' è,~~';;¡hX§S%~{[¡,;~:,~;~th~f¥&~t1;£; NIB 21 8--10-1 0 J I I Price NIB 22 15-5-1 5 I I I Price per bag m~i1~~\o/J't0n04;>¡.~ NIB 23 15-3-) 5 I I I I Price per bal, ¡:SjITii¡;;:jí'¡iij;~:øi¡ NiB 24 24-5-1 I I I I Price per ba NIB li',\j¡~4~~i¡?Ä'~~~t!j 25 0-0-21 SuJfate of POlash-MaQlJesia I I I I I Price Der ba NIB 26 19-0-19 Pre-M Plus Fertilizer with I .3 1% I Pendimetha1ín, plus mimi-fertilizer I Price eer bag NIB NIß NIB ¡,~ , 27 ManlZll11ese Sulfate Mcnohvdrate Price per bal, 1'St ~~::¡:': :~ l(Î$.¡ NIB NIB 28 0-0-62 Muriate of Potash I I NIB Price per bag L g '1 NIB '~¡:'¡¡¡,¡Pif;,¡id~; 29 MaWlesiwn SuJfate Heptahvdrote I I Price per bag !ilk,..w NIB NIB Page 2 of 3 _.________._._..___.._..._m"._...... _.._.. ~ ...... ..._-.--._--..._--.... Bid ()6..3720 Purchase Delivery of Fertilizer DUE; 12101104 p«>ec:t Mgr.; John Veil Pal1<s Recrea1lon Agenda Item No. 1601 March 22. 2005 NOtióèa\'er1i (5'¡g Packages Requested: 8 _. DESCRIYfION ProSource One Helena Chemieal Cempaøy" Regenerated Les£O, Ine.· Reaaurcesl 30 Pelletiud Dolomitic Lime61une I 1 I l Price pef ba NIB , ., 31 12 -0-0 Chelated Iron Plus I 1 Price DI.\'f aat Nm NIB 32 6-3-0 ELITE TrofFertilize I I Price per baa NIB Mì NIB 33 Pre-M 1.31% Plus Fertili7..er I I Price per ba¡¡ NIB , , NIB 34 Organic-Gro.Pro on 8-2-4 Formulated fOf Twf I Gtusses I Price Pd' ball NIB NIB NIB 35 Organic-Gro.. 8-2-4 FOJ1T1ulaled fur Twf Price oer baa NIB NiB ;~;}~¡~Jtf:M~\g~. 36 Custom Blended Fertilizer Cost nlus what nercent (%) Mark-UD NIB NIB NIB Bidder will D!'ovide free soil samolulll llJialvsis? y y y Prompt Paymt.'nt Terms; Net 30 Dflvs Net 30 Davs 2"10 15 DaYS; Net30 Days Net 30 Davs "SEE BID --ÓDeDlDII AlleDt: Brenda Brllhart Witness: Marlbn Whitnev Page 3 of 3 ,- "'" f Bid 05-3720 Purchese Delivery of Fertilizer DUE; 12101104 project Mgr.; JoI1n Veil Parka Recrealicn Agenda Item No. 16D1 pack~~ ITEM DESCRIPTION ProSource ODe HeleD. Cbemic.l ComDlnv* Rel!eDended Resourœsl Lesco. Inc. * Or2.nic Gro* 1 16-4-850% Slow Release Price ocr bal! $ 8.35 $ 11.63 SEE BID" SEE BID" 2 16-4-8 25% Slow Release Price ocr Iwz $ 7.25 $ 10.53 3 5-5-2 Price ner b32 $ 5.05 $6.61 4 21-0-0 Ammonium Sulfate Price Der b82 $ 7.42 $ 9.20 . 5 34-0-0 Ammonium Nitrate Price per bllR $ 7.50 $ 8.54 6 24-6-19 Osmocote 8-9 month slow release Price ocr bag NIB NIB 7 15-5-15 Price oer Iwz $ 8.65 $ 10.77 8 24-5-11 Slow Release Price oer bal! $ 11.25 $ 14.07 'J 8- 1 0-1 0 with Micronutrients Price per bag $ 7.50 $ 9.87 10 10-5-10 Price Der ball $ 6.70 $9.41 11 8--4-8 Price Del' baA $ 5.60 $7.85 12 17-5-11 Price ocr baQ $ 12.05 $ 16.22 .... 13 13-3-13 -.. Price Der baQ $ 9.90 $ 12.82 Page 1013 Bid 05-3720 Purchøe Delivery of fertilizer DUE: 12101104 Project Mgr.: John v..t _ RøcteIIIIon Agenda Item No. 16D1 ~11\ìIiIa.~~ Packages R'~flfJ .of ~ 14 14-14-14 Poly Plus Sulfur Coated Price ocr-ball SEE BID NIB 15 0-0-22 So-Po-MaJl: Price per bu $ 6.50 $ 8.71 16 15-3-15 50% Slow Release Price ner bag $ 9.84 NIB 17 11-0-15 50-I Price ner ball $ 8.10 $ 9.68 18 6-0-22 66% Slow Release Price per baJl: $ 9.20 NIB 11) 8-10-10 25% Slow Release Price ocr bIIIt $ 7.25 NIB L-. 20 8-10-10 37% Slow Release - Price per --¡;a $ 7.10 $ 9.17 21 8-10-10 Price nerbU $7.25 $ 9.33 22 15-5-15 Price nerbu $ 9.98 $ 12.66 23 15-3-15 Price oer bIIIt $ 9.98 $ 15.78 24 24-5-11 Price per bu $ 9.55 $ 13.98 25 0-0-21 Sulfate ofPotash-Mlllttlesia Price oer bu $ 6.50 $ 8.71 26 19-0-19 Pre-M Plus Fertilizer with 1.31% Pendimethalin, plus mimi-fertilizer Price ner ball NIB NIB 27 MSOIzanese Sulfate Monohydrate - Price ocr bu $ 16.50 $ 16.41 -.., 28 0-Q.-62 Muriate of Potash Price per ball $ 6.12 $ 8.97 29 Mlllttlesium Sulfate Heotahydrate Price ocr-twz $ 9.50 $ 10.38 Page 2 of 3 - ..._-,--' ..,- Bid 05-3720 Purcllase Delivery of Fertilizer DUE: 12101/04 Pmjed Mgr.: John Veil Paries R....-on Agenda Item No. 16D1 1ÑCIIëifñ¡.i¡¡n€OOS Packages -'iIkt¡fiS 30 Pelletized Dolomitic Limestone Price per bag $ 6.40 $ 6.63 31 12-0-0 Chelated Iron Plus Price per ¡;¡,at $ 5.25 NIB 32 6-3-0 ELITE TmfFertilize Price per bai! NIB $ 9.47 33 Pne-M 1.31 % Plus Fertilizer Price ocr ba2 NIB $ 12.87 34 Organic-GrtrPro,.. 8-2-4 Fonnulated for Turf Grasses Price per bag NIB NIB 35 Organic-Gro,.. 8-2-4 Fonnulated for Turf . Price per baR NIB NIB 36 Custom Blended Fertilizer Cost plus what percent (%) Mark-Up 10% NIB Bidder will Provide tree soil samplin~ analysis? y Y Prompt Pavment Terms: Net 30 Davs Net 30 Days 2"Æ. 15 Days; Net30 Davs Net 30 Davs ·SEE BID Oneøiull A2eøt: BRøda Brllbart /7 ~ Æ - /' /' ^ Witøesl: Marlin WbitDe ,»011.. " ..,oJ. ~ / 0 . Page 3 of 3 Agenda Item No. 1602 March 22, 2005 Page 1 of 1 0 EXECUTIVE SUMMARY Recommendation to approve the attached Application and Certification of Application, and for the Chairman to sign, permitting the Collier County Public Library to apply for a $500,000 State Construction Grant for the South Regional Library. OBJECTIVE: Obtain signature of the Chainnan of the Board of County Commissioners on the attached Public Library Construction Grant Application and Certification of Application, permitting the Collier County Public Library to apply for a State Library Construction Grant for the South Regional Library. CONSIDERATIONS: The Library currently has Work Order #SS-02-07 with the architectural finn of Schenkel Shultz to provide the site plans for the South Regional Library. The building will be located on the 20-acre parcel between Edison Community College and Lely Elementary School, on Lely Cultural Parkway. An additional $300,000 is appropriated in the Library's Impact Fee Fund (355) for architectural planning during FY 2004-2005. The library anticipates construction of a 30,000 square foot building, at a cost of $8,500,000. The building will include a flexible meeting space for library and community programs, quiet study and reading areas, computers for the public, self-check out units, shelving for 100,000 books and audiovisual materials, segregated areas for children's activities for sound control, convenient parking and a covered book drop with short-tenn parking. The building will take advantage of wireless technology where appropriate. Natural vegetation around the site will be preserved as practical. Library Staff will meet with area community groups to ensure desired features are included during the planning stages of the Library. The State Library provides a special construction grant program for public libraries, with a maximum grant amount allowed of $500,000. The application deadline is April 1, 2005. The Secretary of State will include approved construction grant applications in the Department of State's Legislative Budget Request for consideration by the Legislature. If the application is approved, and funds are appropriated by the legislature, funds will be available in the summer of 2006. Eligibility requirements are minimal: the County Library must provide at least an equal amount of matching funds for the construction project; additional funding needs to be sufficient to complete the construction project; sufficient funds must be available to operate the library after completion; and, the County agrees to operate the building as a library for at least 20 years after completion. FISCAL IMPACT: The grant request is for $500,000 from the Public Library Construction Grant Program-the maximum amount available from this funding source. Agenda Item No. 1602 March 22, 2005 Page 2 of 10 Local matching funds in the amount of $8,000,000 will be requested ITom the Library's Impact Fee Fund (Fund 355) during the regular budget process. It is understood that if sufficient local funds are not available, that the grant, if approved, will not be accepted. GROWTH MANAGEMENT IMPACT: Construction of library space in Collier County Planning Community #5-South Naples will help maintain the minimum floor space standard of .33 square feet per person, established by the Growth Management Plan. Currently the Library has 130,082 square feet of library space, which is slightly more than the growth management standard. As the projected population in this area increases, this project will enable the Library to maintain this standard. Currently, over 14,000 additional residences are anticipated in the service area of the South Regional Library. RECOMMENDATION: Staff recommends that the Board approve the Certification of Application, and provide authority to the Chainnan to sign it, thus allowing Library Staff to apply for this Public Library Construction Grant. ""'H..~> Agenda Item No. 1602 March 22, 2005 Page 3 of 10 -, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1602 Recommendation to approve the attached Application and Certification of Application, and for the Chairman to sign, permitting the Collier County Public Library to apply for a $500,000 State Construction Grant for the South Regional Library. 3/22/2005 9:0000 AM Meeting Date Prepared By Date Marilyn Matthes Library Assistant Director 3/7/200512:12:33 PM Public Services Library Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 3/7/200512:32 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 3/8/2005 12:06 PM Approved By Marilyn Matthes Library Assistant Director Date Public Services Li brary 3/8/2005 12:13 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/9/20055:27 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20059:58 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 3/14/20059:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/15/20055:15 PM Approved By James V. Mudd County Manager Date ----..-, "-""_... Agenda Item No. 1602 March 22, 2005 Page 4 of 10 Board of County Commissioners County Manager's Office 3/16/20059:25 AM Agenda Item No. 16D2 March 22,2005 Moricla Department of State, Division ofLfbrary and Information Serviœs Page 5 of 1 0 PUBLIC LIBRARY CONSTRUCTION GRANT APPLICATION Application Deadline: April!. 2005 I. APPLICANT INFORMATION A. LEGAL NAME OF APPLICANT (GÐvernment) Collier County Board of County Commissioners Street 2385 Orange Blossom Drive City Naples Zip 34109 County Collier Name ofChainnan of Applicanfs Governing Authority Federal Employer Identification (FEll) Number 59-6000558 B. NAME OF LIBRARY DIRECTOR Marilyn Matthes Telephone (239 )593-3511 Fax 2392548167 E-mail mmatthes@ccplib.org Library Collier County Public Library Street 2385 Orange Blossom Drive City Naples Zip 34109 C. NAME OF PROJECT MANAGER Marilyn Matthes Title: Library Director Agency, organization or governmental tmit Collier County Public Library Street 2385 Orange Blossom Drive. Naples. Florida. 34109 D. Telephone (239 )593-3511 Fax 2392548167 E-mail mmatthes@ccplib.org E. NAME OF BUILDING CONSm... T ANT (MLS degree) Marilyn Matthes Street 2385 Orange Blossom Drive City Naples Zip 34109 Telephone (239) 593-3511 F. NAME OF REGISTERED ARCHITECT To Be Detennined Street n/a City Zip Telephone ( ) Registration Number G. INDICATE IF CONSIDERING STARTING THE CONSTRUcnON PROJECT PRIOR TO THE GRANT AWARD YES_ NO XX Public: Library Construction Grant Applic:ation DUSIPLC01, Effective 11912003 1 ~---,.~ Agenda Item No. 1602 March 22, 2005 Page 6 of 10 ll. PROPOSED PROJECT A. Name of Proposed Facility South Regional Library B. Type Construction Project (check one): _XX _ New Building _ Expansion _ Remodeling C. Building to be Used as (check one): Multicounty or library cooperative headquarters Multicounty or library cooperative branch or member (more than one library in county) Multicounty or library cooperative branch or member (only library in county) _XX_Single county branch or library cooperative member _ Independent municipa1library (headquarters) _ Independent municipa1library (branch) Single county library headquarters ID. PROJECT DATA A. F100r Area in Square Feet 1. Facility prior to project (Check one and give square feet where applicable): XX a. _No facility cUITently exists _b. A facility cUITently exists, but will not be used as a library after project completion _c. A facility currently exists and will be used by library after project (may be present library or another building) -0- sq. ft. sq. ft. 2. New facility to be constructed _30,000_ sq. ft. 3. Expansion of existing facility Square footage of existing building Square footage of the portion of building to be expanded T ota1 square feet of building after expansion sq. ft. sq. ft. sq. ft. 4. Remodeling of existing facility (not included in # 3) sq. ft. B. Geographical Area And Population To Be Served By Proposed Facility: 1. Name of city(s), county(s) or region. (lfthe service area does not confonn to city or county boundaries, give the location and population by census 1racts.) _Collier County, Florida Public Library Construction Grant Application DUSIPLCOI, Effective 119/2003 2 Agenda Item No. 1602 March 22, 2005 Page 7 of 10 2. CutTent population 31.189 (Census Trøct InforllUdion. Onlv countv ønd municiDal information avøiltzble throuIlh 'Florida Estimates of Pouuøtion '.) The population should be from !be most current Florida Estimates of Population, University of Florida. IV. ESTIMATED COST OF PROJECT A. Funds By Category (Indicate project cost by applicable categories): 1. Architect's Fees (include planning costs) $ 766.000 2. Site Acquisition $ -0- 3. Acquisition cost of building $ -0- 4. New Construction $ 6.034.000 5. Expansion of existing building $ n/a 6. Remodeling of existing building $ nfa 7. Initial Equipment $ 1.700.000 8. Other (Specify) $ -0- 9. TOTAL (Must equal B.4) $ _8,500,000 B. Source of Funds: 1. Local funds available $ _8,000,000 2. Amount of funds requested fÌ'om the Public Library Cons1ruction Grant Program (State General Revenue) 3. Amount of funds requested fÌ'om other State sources 4. TOTAL (Must equal A.9) $ _500,000 $ -0 $ _8,500,000 If total above includes funds already spent, please specify amounts, type and dates of expenditmes. (Appraisal costs and incidental purchase costs such as surveys, title insurance, legal fees, etc., are not eligible expenditures and are not reimbursable.) Amount Dates Advance plans $ nla Public Líbrary Cons1nlctíon Grant Application DUSIPLC01, Effective 11912003 3 Estimates Acquisition of Lands Other (Specify) ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk. Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Public Library Construction Grant Application DUSIPLC01, Effective 11912003 $ $ $ Agenda Item No. 1602 March 22, 2005 Page 8 of 10 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman 4 - ,- - Agenda Item No. 1602 March 22, 2005 Page 9 of 10 Public Library Construction Grant Application DLISIPLC01, Effective 11912003 5 Agenda Item No. 1602 March 22, 2005 Page10of10 Florida Department of State, Division of Library and Information Services CERTIFICATION OF APPLICATION I, the undersigned, certify that the Library Construction Grant Application submitted on behalf of the Collier County Public Library is true and accurate to the best of my infonnation and belief; that the Applicant will comply with the standards established pursuant to Section 257.15, Florida SÚltIltes; that the Applicant will furnish such reports and infonnation and will follow such procedures as required by the Department of State, Division of Library and Information Services; that all funds received for the project will be expended solely for the purposes for which granted, and such funds, if any, not so expended by Applicant will be repaid to the Department of State, Division of Library and Information Services; and that the current annual appropriation is $9.008.700. A TIEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: Deputy Clerk By: FRED W. COYLE, Chainnan Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Public Library Construction Gnmt Application DLlSIPLC01, Effective 1/912003 Agenda Item No. 1603 March 22, 2005 Page 1 of 2 _. EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing revenue in the amount of $16,400 from an insurance payment covering damage to the boardwalk at Barefoot Beach Preserve Obiective: To keep facilities in good repair and utilize the benefit of insurance coverage. Considerations: The boardwalk at Barefoot Beach Preserve was damaged during Hurricane Charley. Staff hired a contractor on continuing bid to perform the necessary repairs so that they could be completed in a timely manner. Professional Building Systems completed the necessary work for $16,400. The revenues being recognized are from insurance proceeds paid by Fund 516, Property and Casualty Insurance. The Risk Management Department is seeking reimbursement from FEMA of funds expended for these repairs under its self-insured retention as a result ofthis storm pursuant to FEMA policy. .-' Fiscal Impact: Staff has prepared a budget amendment recognizing $16,400 in revenue from the insurance payment and appropriating it to Beach and Water Park Operations within the General Fund (001) budget to reimburse expenditures made for the repair. Growth Manaaement Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners approves the budget amendment recognizing revenue in the amount of $16,400 from an insurance payment covering damage to the boardwalk at Barefoot Beach Preserve and appropriating it to Beach and Water Park Operations. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation .-. Agenda Item No. 1603 March 22, 2005 Page 2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1603 Recommendation to approve a budget amendment recognizing revenue in the amount of $16,400 from an insurance payment covering damage to the boardwalk at Barefoot Beach Preserve. Meeting Date 3/22/20059:0000 AM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 3/8/200512:05 PM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 3/8/2005 1 :31 PM Approved By Murda Smith Beach and Water Superintendent Date Public Services Parks and Recreation 3/8/2005 4:39 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/9/2005 5:37 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/200510:05 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/11/200510:48 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/20059:35 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/14/20058:54 PM " -'--'-- Agenda Item No. 1604 March 22, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a modification in the amount of $25,000 to Purchase Order #4500035141 with Naples Wholesale Bait, extend the sole source vendor designation through September 2006, and approve a seven- day payment schedule Obiective: To sell live bait shrimp to the patrons of Caxambas Park Marina. Considerations: At their September 28, 2004 meeting, the Board of County Commissioners approved Naples Wholesale Bait as a sole source supplier of live bait shrimp for resale at Caxambas Park (Item 16D3). At that time the estimated fiscal year expenditure was $40,000. Shrimp sales have far exceeded staff estimates, and an increase to the purchase order is necessary to assure a continuous supply through the balance of the fiscal year. Naples Wholesale Bait is the only company that offers delivery within Collier County of live bait shrimp. As this fact is not expected to change, an extension of the sole source vendor designation (usually good for one year) until September 2006 will prevent the necessity of another Board action on this designation this September. Naples Wholesale Bait is a small local business. It is the nature of the industry to pay shrimp suppliers on demand for their daily catch. Currently Naples Wholesale Bait is waiting up to 45 days to get paid by the County. This delay is causing the vendor a cash flow problem. A seven-day payment schedule will alleviate the situation. Fiscal ImDact: Total estimated annual expenditure for live bait shrimp is $65,000. Funds to increase the existing $40,000 purchase order are budgeted in the Parks and Recreation Beach and Water Operations budget (Fund 001). Through February 21,2005, fiscal year expenditures on live bait shrimp for resale at Caxambas Park Marina have been $26,000 with gross revenue of $46,000. Staff projects that total fiscal year revenue horn the sale of live bait shrimp will exceed the budgeted amount of $64,000. Growth Management ImDact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners waives formal competition, approves a modification in the amount of $25,000 to Purchase Order #4500035141with Naples Wholesale Bait, extends the sole source vendor designation through September 2006, and approves a seven-day payment schedule. PreDared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 1604 March 22, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1604 Recommendation to approve a modification in the amount of $25,000 to Purchase Order #4500035141 with Naples Wholesale Bait, extend the sole source vendor designation through September 2006, and approve a seven-day payment schedule. 3/22/20059:0000 AM Meeting Date Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 3/8/200512:39 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/8/2005 3:07 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 3/8/2005 3:25 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 3/8/20054:54 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/9/20055:30 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/200510:07 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/11/200511 :12 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/200510:27 AM Approved By James V. Mudd County Manager Date ""--_.. Agenda Item No. 1604 March 22, 2005 Page 3 of 3 Board of County Commissioners County Manager's Office 3/15/20059:24 PM ,....- Agenda Item No. 1605 March 22, 2005 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Let's Talk About It: Jewish Literature grant application to the American Library Association for a series of book discussion programs OBJECTIVE: To receive approval from the Board of County Commissioners to submit a Let's Talk About It grant application to the American Library Association to fund a series of book discussion programs. CONSIDERATIONS: This is the first time that the Library Department has applied for a Let's Talk About It grant. This program offers our library a unique opportunity to present a discussion series, "Fathers and Daughters in a Changing World" that integrates the exploration of Jewish culture with the exploration of literature. This series of five book ta1ks, led by a local scholar (required by Grantor), will encourage a diverse audience to participate in the discussions, and introduce patrons to the services and programs we have at the Library. .'-.... This grant is set by the ALA at $1,500.00, and reflects the total cost of the project. These funds will pay for discussion materials and for an honorarium for the local scholar. Review of grant applications will occur in April and May, and be awarded in June 2005. The time period of the grant is one year from the execution of the agreement; which will come back to the Board for approval. FISCAL IMPACT: None. The total cost of the project, excluding staff time is $1,500.00, the amount of the grant. There are no matching funds required. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Request that the BCC authorize the Library Director to sign this grant application. PREPARED BY: Marilyn D. Norris, Extension Services Manager, Library Department .."......... ''''.--.,,,..,,,., Agenda Item No. 16D5 March 22, 2005 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1605 Recommendation to approve the submittal of the attached "Let's Talk About It: Jewish Literature" grants application to the American Library Association for a series of book discussion programs. Request that the Bee authorize the Library Director to sign this grant application Meeting Date 3/22/20059:00:00 AM Prepared By Date Marilyn Norris Library Extension Services Manager 3/2/2005 9:52:56 AM Public Services Library Approved By Marilyn Matthes Library Assistant Director Date Public Services Li brary 3/4/2005 11 :01 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 3/4/2005 2:38 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/10/2005 11 : 24 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20059:44 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/11/20052:43 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/20059:47 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/14/200512:26 PM ,- --_.~- ~"c.;t 1 Agenda Item No. 1605 March 22, 2005 Page 3 of 18 APPL1CAT10N Let's Talk About It: Jewish Literawre--· Identity tmd Imagination ,__" ,,_ou__~,¥_^,,~y~,,_~'~__""'_'~_"'_""'_""' Co",plorte the followíll9 page and answer the questions In the nilrratj~e ~¡on t>y aruching a two· to F1w'Pilge{doubJe-spilced preferred) Iyp41d sutement. Hamf of Libr;,," ._gc-ll2E'E..ç:'?':1~L.!:':'Ì)f.J.£..~L!.._H€faljqu~>::te:: 8 ßr ,,"ch..__._............ ALII M"mbrr,hJp " (if ol'p),cobloì .JJ)922.'iQ...__..--_·· ....,'..',-- MdŒ:i.S 23B5 Orðnge Blcl$$om Drive ...¥~.~.'__M._.~.K.~...m....,--_~ City $1<1\8, liP .. Nap.! es, FL .....}.':;I?~..___...__..._-,-_...__. PI'iöne, f..a:.. i :>.39) 5';J}:£U"Z7.L_iliSJ ì 591-37ß4 «~'__~'M_"""'''"_ EmJH{r('cuir(Kf) ____~:~~~~..~f25~,~::úlier-llb.or.g ~~._---<-_..~ n.lme 4HH¡7Wc' (JfPffJject DrC<t~]r ~!~~~_~~.?:~.:...,.L~E~~2,bt·dr-iøn ,"'LA r;lWrnt;et~lr, D ø fif itP~dic~Þk») t";(il11f' or Übr",-rv:Oj n:(W~ Marílyn r~atthe,s ,________._..._.<__...~____~H___.. 7· /,. ." }'}', ,..,...,/. ' SJ9r1~t"'eofUb'ary ",((,net ! ì,;' ('~'<~'1::j'L.L.'.lr:1L(::'2:::!"-<--/ -.........-.......".............-- /\J.\ ~.,¡tc"r;."C()h¡P ~ (if appj¡t::1bj~) ~~'04026S' -.----~---,-...,,----~--.~"--..-..-. PorH.lI;.¡u(,n 01 Ubr;Hv'~ Li\l"~ ~j(~rilíceAH'~¿¡ ..H'Úaàc.¡ua~.Iit..aU.d.~....,.J,2.1..{'1[)..ì ! i hrlir.y..«~.29.2 ,4(,6 Statj;~ti(;s iJdSf;.)d on c.cl~icr County! s $q\~re frx:1tage standat:ds and the Stõt.{~ £.ibt·dr-y Namt(s) \~f /)Jr(f~"1·0r~ìaníM1¡(m(:q\¡r app:¡f:aI:r1{1/ __~r;,~·~~.~cwc...ol:~\·/St;.ðtistic$ Indicate _St~~r.tC'\1 Then-u,!' VOUIt HEAItT'S DES¡~.t Sex .and l.Ol/c- in Jl)wi$h L¡lm1HU(f~ DEMO'NS, COlEMS. AND DV6DUK'S t...1tmt;JN'i r::fU1~ lewish ¡rnaginatìon ÐETWEEN 1WO WORLDS SH1dc-s. of F.s.ttar;gi~rT't?(~t .and Homecominç Po. MINO Oç HER OWN hllhen. and DaughtL'rS io,) CI1~1ng¡ng World '#..., .. -..--..... -~.. Programs for Which Funding is Requested ._-~...,._.....~..."-~. CompletethefoilQwlngtable. indlc.atlng proposed dates, times. venut!¡o and antiçìpated artendancefor the "\Ie Let's TalkAbaut Jt:Jrwlsh Literature pTOÇlõ1n1S In thethemèyau t\allf! selected: PLANNED DATE ! LOCATJON I 800KTO BE DISCUSSED' Ii Readqua:t:tcrs I !<I;l'a.~j:he Dai~ Branch Systenj 'l'heater i ......--.-. ··..·«·..··««·«··········..····«-·«······i.... ...-.. ....«.....---...........«...«- sudgen Theat~r ~~ ct'!.~z::s. I . ! 1/26/2005 OCEl 3/30/2006 4/20/2006 ANTICIPATED ATTENDANCE 94 (8éati~ c«pac1 t) of theater) .-. ........ ,.......""..~.....,,",.,. 94 ......... ""·m~..·___ Sugden Theat1'r 118l5_~~A'!ftnue..:._~!'!~ ~ 94 i ---- - ------ ,----" -- NN~_ - ,,--- -----~---~~~...,.,.....,~,«.>~..~ ¡ SUdge" TheelE American -':a..~~~.1.. 94 I Sugden . Theðtf ~~~C!'! 94 . Refl¡rto 9uid1Nln"fotliSI ofÞooI<s. Ifboo"$ are not D"'W1t1!ó In Uleor<ler lined. ptc.ue uplalnwhyln ,he ~""'t¡.. statement I ~--'-'--- Agenda Item No. 1605 March 22, 2005 Page 4 of 18 Agenda Item No. 1605 March 22, 2005 Page 5 of 18 Bethany A. Wilkes Collier County Public Library 2385 Orange Blossom Drive Naples, FL 34109 PH: (239) 591-1873 FX: (239) 591-3784 Let's T aJk About It: Jewish Uterahlre-Identity and Imagination Narrative Statement IntrodNction The Headquarters Library of the Collier County Public Library system is a three-year~ld facility that serves as the main library for the Collier County Public Library system. Our library circulates the most items of any branch in our expanding library system, and both our circulation statistics and visits by patrons have increased every year since our opening in March of 2002 (see Appendix A). We have never applied for a Let's TaikAbolll It grant, and we are eager to present the Jewish Litmltun: IdentitY and ImaginaiWn to our continually growing patron base and use it as a means to introduce new patrons to our library. Overall goals fo,. program Many individuals in our community are curious about various cultures, both those of others and their own. The Je11lifh Literatu1'e: IdentitY and Imagination program offers our library a unique opportunity to present a program that integrates the exploration of Jewish culture with the exploration of literature. Our target audience is an intergenerational one that includes those who enjoy popular fiction as well as those who are interested in culture and participating in readings/discussions. According the Collier County Econonùc Development Council, while the median age in Collier County is 44.1 years, 75% of the population is under 65 years of age. We need to reach out to this age group. We would like to encourage those who work (much of our community is retired) to participate in the programs, and will be holding them at 6:30 in the evening because of this reason. Senior Citizens dominate the audience of many of our programs, and we hope to encourage a diverse age group to attend the Jewish Liter'atun.· Identity and Imagination programs. The reading! discussion sessions will take place once every three to four weeks to allow participants Agenda Item No. 16D5 March 22, 2005 Pale 6 of 18 time to read the literature. The series of programs will be held between January and May of 2006, the season during which we have the highest number of patrons using our library and attending our programs. Our goals include encouraging a diverse audience to participate in the discussion, introducing patrons to services and programs that we ha.ve in the h"brary, and providing a program that offers an in-depth conversation about a specific topic. Much of our programming provides introductory information or overviews of selected topics. One of our primary goals is to cultivate an audience that is interested in pursuing a subject at a deeper level and, while doing so, expose the audience to various resources that are available at the library for pursuing in-depth research. AdditionaJly, we hope to introduce much of our community to the experiences of those who are Jewish and offer an opportunity for those examining their own Jewish identities to interact. There are several reasons why we selected the theme "A Mind of Her Own: Fathers and Daughters in a Changing World." Because we hope to have an audience that is diverse in age the theme "A Mind of Her Own: Fathers and Daughters in a Changing World" seems as if it would generate much dialogue between different age groups about the challenges that they may face and their familial roles. After checking circulation statistics, we found that several of the books included in that theme are already popular with our patrons. Finally, any theme that includes a selection by Philip Roth is sure to provoke some heated discussion! Djrector's Experience Bethany W1lkes, Reference Librarian, has led reading and discussion groups and created and produced programs for the Collier County Public Library. As a Reference L1"brarian, Bethany has extensive contact with the public, and is aware of their information needs and curiosities. She recently presented a program on International Love Poetry for the Naples Women's Club, where she appeared on behalf of the library. She is currently presenting a series of reading discussions on American Classics, the first of which is Willa Cather's My Antonia. Bethany assists local professionals both with research and creating materials to compliment their programs at the Headquarters Library. Agenda Item No. 1605 March 22, 2005 Pa)e 7 of 18 She also plans and presents classes to the public in the library's Sugden theatre. She introduces program presenters in the absence of Senior Librarian Supervisor. (please see attached vita). Program Scholar Alex Myers, English Teacher, has a Master's of Arts in Religious Studies from Brown University. His studies on both the undergraduate and graduate level, when combined with his subsequent teaching experience, have prepared him uniquely for teaching and lecturing on Jewish literature and culture. In his studies, he has focused on early Jewish literature, beginning with the Hebrew Bible and the scrolls of Qumran. This background grants him a solid foundation in the earliest notions of a J ewish identity; it provides a necessary perspective for understanding the development and importance of modem Jewish literature. In conjunction with his studies of ancient Jewish literature, he has frequently been a featured scholar at synagogues and Jewish community centers. Since his graduate studies were focused on more ancient literature, he has on sevenl occasions presented lectures to groups of varying sizes on topics such as "The Formation of Jewish Identity," "Secular Literature from Sacred Traditions," and "Hellenistic Influences on Jewish Literature." Additionally, during his time studying at Brown University, he taught and lectured to undergraduates. Though most of his teaching pertained to ancient texts, he also lectured in courses such as ''The Bible as Literature," which taught modem poetry on the Bible as well as novels such as Stefan Heym's The King David &port and Zora Neale Hurston's Moses, Man 0/ the MONntain. These experiences have given him the confidence to prepare lectures on literature of all types and for audiences of varying disciplines and interests. Currently, he teaches literature and writing to high school students. Though Jewish literature is not the focus of his courses, his work in the classroom everyday has developed his skills as a lecturer, discussion leader, and purveyor of literary ideas. (please see attached vita). - ,- Agenda Item No. 1605 March 22, 2005 Pa4Je 8 of 18 Plibfki!y Efforts Because of the importance of this program, and because our gratitude to the American Library Association for offering this grant opportunity, we will put a great deal of effort into publicity. Our publicity plan includes: · An interview with the program scholar on WINK TV, WGCU (public radio/television) · Advertising in the Napkr DailY Nelli.! · Announcements and possible interviews on WVOI and WCZL, local talk radio stations . Feature on ourwebsite . In-house displays In addition to the aforementioned publicity efforts, we will go beyond our normal channels and reach out to new audiences in new ways through multiple channels. These include: · A web log on our website dedicated specifically to the Jewish Uteratlire: Identity and Imagination program. We hope that a web log will encourage participation to those who are comfortable with online technologies, who tend to be in a younger demographic. · Coordination with the Southwest Florida Holocaust Museum to promote the program by advertising and creating displays in their facility in addition to speaking about the series at their programs (please see attached letter). · Advertising in local college (Florida Gulf Coast University, Edison Community College, International College) newspapers. · Announcements in local synagogue and church newsletters. Please see attached press release and marketing proposal/ packet for examples of past publicity efforts. The Collier County Public Library was awarded a Florida Public Relations Association Golden Images Award for the 2003 Ltme .M;r Ubrary Campaign. Agenda Item No. 16D5 March 22, 2005 Pa!je 9 of 18 EvaiNaJion Methods Our evaluations methods for the success of the program will include a survey, statistics of the number of people attending, and several new methods. We will create a web log dedicated to the Jewish Literature program; before the program we will utilize the blog for marketing and for getting feedback from prospective participants about what their goals will be in attending the program. After the program we will use the blog to ask specific questions about the program and its impact on the participants. By posting these questions we hope to encourage a dialogue that will give us feedback about the program on many levels. We will also create an email "group" and email surveys to patrons following the conclusion of the program. Public Programming Our library has been providing programming since it opened three years ago, including lectures, lecture series, and book discussions. Since librarians typically facilitate book discussions, this grant will afford us with the unique opportunity to present a program to a large audience in which a scholar leads the discussion. Cultural programming continually draws large participation at our library. For example, in January 2004, the program Guatemaian 04Yss~ was attended by 82 people, in February 2004, Hungary, LAnd ofHo.rpitaiitywas attended by 94 people, and in March 2004, Islamic Flmdamentaii.rm was attended by 89 people. Our theater holds 94 people, and our branch is the central branch of the library system. Our cultural programming frequently focuses on introductory material and is designed to provide participants with general knowledge of the subject covered. By holding a program such as Jewish UteraiNre: Identity and Imagination we will be able to offer a series of discussions/presentations that delve more deeply into a topic than most of our programs do. Concú¡¡;on While our library system has a dedicated patton base that attends our programs, we strive to involve new individuals in our library. Jewish UteraiNre: Identity and Imagination will provide us with a ,..- Agenda Item No. 1605 March 22, 2005 Pag& 10 of 18 forum that will encourage dialogue, delve into intriguing subject matter, and promote the significance and joy of literature. The program director's dedication, the scholar's exceptional qualifications, a far-reaching publicity program, new marketing and evaluation methods, and the library's history of public programming are sure to contribute to the success of this unique and important program. Items Cirrulaled: Calendar Year 2002 (opened in 537,192 March) 2003 799,133 2004 855,300 Number of visits.' Calendar Year 2002 (opened in 345,412 March) 2003 398,319 2004 441,567 Appendix A Statistics provided by Janet Pereira, Administrative Supervisor--Circu1ation Agenda Item No, 1605 March 22, 2005 Pag1! 11 of 18 Agenda Item No. 16D5 March 22, 2005 Page 12 of 18 Education Phillips Exeter Academy, Cum Laude, 1996 Harvard University, B.A., Magna Cum Laude, Near Eastern Language and Civilization, 2000 Brown University, M.A., Religious Studies, 2003 Alex S. Myers 1272 Sperling Court, Naples FL 34103e239.298.0274ea1exsmyers@yahoo.com High School Teaching Experience English Teacher, Community School of Naples 2003-present Teach four sections of high school English at Honors and College Preparatory Level. Design curriculum for courses including ninth-grade literature and composition, tenth grade American literature and twelfth grade seminars, including "Modern Fiction" and "Satan in Literature." Also teach one section of Latin. Master Teacher, Northfield Mount Hermon Summer School, 2001 and 2002 Taught two sections of "Skills in Literature" during the five week summer program. Designed the curriculum for the class. Supervised and mentored a teaching intern. Teaching Intern, Phillips Academy Andover Summer School, 2000 Assisted in teaching two classes of tenth and eleventh grade English. Undertook lesson planning, grading, and instruction. CoUege Teaching Experience Writing Associate, Brown University Writing Center, 2000-2003 Worked with all levels of undergraduate and graduate students on academic writing skills. Taught various writing seminars, including "Writing a Research Paper." Teaching Assistant, Brown University, 2000-2003 Taught classes, lectured, and led discussion sections in various undergraduate classes for the Religious Studies department, including "The Bible as Literature," "Israelite Religion," and "The Shaping of the Classical World." Lectures and Conferences Brown Hillel, 2003 "Finding Humor in the Testament of Abraham"; Phillips Exeter Academy, 2001, All-School assembly speaker; Wheaton College, 2001, Guest Lecturer in Introduction to Women's Studies; Smith College, 2000, presenter at Conference on Gender and Identity. Languages Excellent reading skills in Biblical and Rabbinic Hebrew and Aramaic, Ancient Greek, and Latin. Good reading skills in French, Gennan, Italian, and Modem Hebrew. Agenda Item No. 16D5 March 22, 2005 Page 13 of 18 BETHANY A. WILKES Professional Experience Reference Librarian, Collier County Public Library, Headquarters Branch, Naples, FL (Ma.y 2004-Present) Provide in-house, telephone, and virtua.l reference services using both print and electronic resources. Provide specialized a.dult progra.mming for community outreach. Design and tea.ch classes including Da.tabases, PC Basics, World Wide Web, Microsoft Word, and book discussions. Recommend non-fiction ma.terials for inclusion into library's collection. Implemented and currendy coordina.te "Book Bea.t," an online guide to non-fiction recommended by librarians. Graduate Assistant, Goldstein Library, Florida State University, Tallahassee, FL (Aug. 2002- May 2004) Provided in-person, telephone, and virtua.l reference services to pa.trons using print and electronic resources. Provided 90% of training for new employees, including specialized databa.se workshops. Evening and weekend supervisor. Performed in-depth research for fa.culty members as a fa.culty liaison. Restructured serials binding procedures and manuals. Created online instructional modules and handouts. Volunteer, Leon County Public Library Reference Department, Tallahassee, FL (Jan. 2004- Ma.y 2(04) Provided in-person and telephone reference services. Assisted maps librarian in developing a. circulating ma.ps collection. Assisted the collection development librarian in journal review for currency of tides. Intern, FSU Libraries Bibliographic Access Dept., Florida State University, Tallahassee, FL (Aug, 2003-Dec. 2003) Copy and original ca.taloging using OCLC, MARC, AACR2r, and LCSH. Updated and expanded entries for online manual tha.t included tutorials, policies, and procedures for ca.taloging. Store Manager and Buyer, Tikal Trading Company, Key West, FL (Jan. 1997- June 2002) Responsible for all daily opera.tions of one of two retail stores including daily deposits. Supervised and trained employees.iWorked in colla.boration with vendors to select and purchase merchandise. Managed budget for all a.ccessory purchases for two reta.il stores. Professional Associations Serve on Quality Assurance Workgroup for Ask-A-Librarian, Florida's statewide virtual reference service (2004present). Serve on Southwest Florida Library Network (SWFLN) Legislative Committee (2004-present). Member: American Library Associa.tion (2002-present), Beta Phi Mu (2004-present). Agenda Item No. 1605 March 22, 2005 Page 14 of 18 Education Master's of Science, Library and Information Studies, Florida State University, Tallahassee, FL (2004). Bachelor of Arts, English Literature and Creative Writing, Minor in Wilderness Studies, University of Montana, Missoula, MT (1995). Computer and Library SkiDs Proficient in Microsoft Word, Excel, and Publisher. Working knowledge of Dreamweaver. Experience with MARC, OCLC, AACR2r. Proficient with NOTIS, KRAI, and Sirsi Unicorn bibliographic systems. Proficient in searching subscription databases and WWW. References Available upon request. Agenda Item No. 1605 March 22, 2005 Page 15 of 18 Southwest Florida Holocaust Museum Inc. 4760 Tamlami Trail North, Suite 7, Naples, FL,34103 Phone 239 263 9200 Webslte www.swflhm.ora February 22, 2005 Bethany Wilkes, M.L.LS. Reference Librarian Col1ier County Public Library, Headquarters Branch 2385 Orange Blossom Drive Naples, FL 34109 Dear Bethany, For the past several years, the Southwest Florida Holocaust Museum and the Collier County Public Library have worked together to offer programs and displays for the residents of and visitors to Collier County. The Museum is happy to support the Let's Talk About It: Jewish Literature program the Library plans to offer next spring. The mission of the Southwest Florida Holocaust Museum, in part, is to promote respect and tolerance for different cultures and religions. In order to reach this goal, we need to be informed about the various groups around us. The titles selected for the Jewish Literature program will help participants gain a better understanding of Jewish culture. We look forward to future opportunities for the Museum and Library to work together. Sincerely, Amy L. Macera Education Outreach Coordinator ,- MARKETING PROPOSAL FOR "LOVE MY LIBRARY" CAMPAIGN 12/1012002 Purpose: Methodology: Perspective: To encourage Collier County residents to give doUars to Collier County Public Library (CCPL) for the purchase of additional books. Initiate a one-month campaign of psychologically motivating pUblicity and even1s designed to instill appreciation for CCPL within county residents. thereby causing them to donate money to CCPL. Publicity has been generously donated by WINK TV. WGCU (public radiolTV), and the Naples Daily News. News coverage and advertising will both be contributed by Naples Dally News. A full-page ad will appear in WGCU- TV's Impressions magazjne. Ben Bova, who does a weekly radio program on WGCU-FM, will promote the campaign during his program. WINK-TV will provide news coverage on their noon, evening and late-night news programs. The Love My Ubrary kick-off program will be held on Friday, January 31, at 2:30 PM at the Headquarters library. Speakers will include Commissioner Aala (Honorary Chair), author Ben Bova, Lois Thome (Senior News Anchor at WINK-TV), and a representative of the Friends of the Library. The the"" for the kick-off program will be Books. . .Doorways tò the Future. Addltlonal programs are as follows: February 7 - Vanderbilt Beach Branch - Self-Published Authors Panel Discussion moderat9d by Professor Art Rites. February 8 -Immokalee Branch - Immokalee FamIly Day February 14 - Naples Branch - Romance Writem Panel February 22 - Mamo Island Branch - Famlfy Authors Day February 26 - Naples Branch - Berl Sova Talk/Signing February 28 - Headquarters - Naples Dally News Editor Phil Lewis Agenda Item No. 1605 March 22,2005 Page 16 of 18 Agenda Item No. 1605 March 22, 2005 Page 17 of 18 w·········..···..·······..-- ·1"'''' ~_ - ~ .1 ';.1 .' :-,' Ii.. .... . '¡~ PRESS RELEASE CoWer County Public Libmry FOR IMMEDIATE RELEASE For more information coniaet Linda Fasulo Pb:mc: 239·593·3511 Fax: 239.254.816i S~ptember 9, 2004 ART-LITERATURE SERIES OFFERED AT HEADQUARTERS UBRARY is there a correlation between art and literature'? Do we use the smue processes when we experience a work ofarr or Jitt.'T'dtUfC? In II four-part series entít]ed, The Art-Literature Cunnection, these questions and more will be exp]()rcd. This thought-provoking series, offered at CoUier CouOly Public Library's Headquarters in October through November 2004, will focus on parallels between the an of the painler and the ¡1ft ofthc writer. Elements of subject mailer and composition will be illustrated through the study of plot, chamcter. theme, and setting. Featured works include two nove]s ins~~ired by the paimings of Dutch artist Vern~eer: Girl in Hyacinth Bltle by Susan Vreeland and Girl With A Peal'! Earring by Tracy ChcvaJìer. A screening of the Hallmark Ha11 ufFame prcsentJItion Brush wilh Fat<" based on Girl Ì/I l~)J(Icíl1lh BIlle is also included in this unique and enJighumíng series. Series program tacìlÎlator is Margaret (Peg) Kaiser. Ms. Kaiser earned a Master's Degree in English and American Utcramre from [J]inoìs State University with a summer study in Anglo-Irish Drama in Dublin, Ireland. She st11died art at Aquinas College in Michigan and CuthoHc University ill \Vushington, D.C and ha.~ served as 11 voJunteer workshop fncilitJItoT at the von Liebig Art Center in Naples. Program. dates and topics: Tuesday, October }9,6:30 p.m, Tbe Processes We Use "'hen Experiencing .Art or Literature Wednesday, October 20. 2:00 p.m. Screening of Bl'llsh with Fate. Tuesday, October 26, «1:30 p.m. IJIU!;trntìon of the Vital Connection Between .Art and Literature Tuesday, November 9, 2:00 p.m. Vincent Van Gogh and tbe Biographical film, Lust for Life (Screening to fonow discussion) An pwgrams are open to the public at no cost. Seating is limited. and regìs1ration is required fOT each program in the series. Register for the pro!,'TBTI1s by eal!ìog 593..()870 or visit the Headquarters Library Refercnce Desk located al 2385 Or'.mge Blossom Drive in North Naples. Sponsored by the Friends' of/he Library afCollk,. COltnrr, 1/1C-. ". / / j . End-./.. f"j, // C; ~iI/V 7 r;:¿'£. 'f..-!-.T 11/ - v ~ February, in Collier County, Florida, is ... LOVE MINTH Books... Windows to the Past/Doorways to the Future First session Friday, January 31,2:30 PM Headquarters Library Donna Fiala CoWer County Commissioner Lois Thome Senior News Anêhor WINK·1V Ben Bova Author (B(J(lk~ìgnÎ1lg) Seating. for all LOVE MY LIBRARY programs is on a first come, 1Irst served basis. Sp'1tSorod by: lifDmlfil i1 Napœs l1a:ily News naplðlin_.aorn Davidson litles,lnc. _<fA_des""," -~ ~ - - --~ - BORDERS wg£[da~~ ~. 0=-_=_- !'D~!t,.' .. Agenda Item No. 1605 March 22, 2005 Page18of18 ,':31,10 ~/\~l' 17 ¡g J0 .:)0 :2cr 3fJ --, Agenda Item No, 16D6 March 22, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Pubic Parking License Agreement with Royal Palm Country Club of Naples, Inc. to provide parking for the County-operated baseball field located on Warren Street at a cost of $50 for recording the Agreement. OBJECTIVE: To approve and authorize execution of the attached Public Parking License Agreement (Agreement) with Royal Palm Country Club of Naples, Inc. (Royal Palm) for the use of approximately 4,200 square feet located on the east side of Warren Street, south of St. Andrews Boulevard. CONSIDERATIONS: Royal Palm has provided notice to Collier County of its intention to terminate the Public Parking Easement that was entered into on May 29, 1996. The termination date was effective as of December 30, 2004. However, Royal Palm has provided the County with written authorization for the County to remain at the subject property until March 21, 2005, in anticipation that a new agreement would be accepted by the Board of County Commissioners by that time. -~ At this time, in place of the Public Parking Easement, Royal Palm is offering Collier County a Public Parking License Agreement for a 35-foot by 120-foot parcel located to the northwest of the entrance to their maintenance facility. The Public Parking Easement that was tenninated included property on both sides of the entrance to the maintenance facility. However, the County only utilized the paved portion of the Public Parking Easement located on the northwest portion of the subject. Parking at this location is needed for the baseball field, fonnerly known as the Gulf Coast Little League Field, which has become a facility ofthe Collier County Parks and Recreation Department. Over the past several years, the County has reviewed road alignments of Warren Street in an effort to detennine if the parking for the field could be repositioned to provide more convenient and contiguous parking, but the adjacent property owner, Royal Palm, has declined offers to purchase right-of-way in order to realign Warren Street. However, Royal Palm is agreeable to offer the County a Public Parking License Agreement (License). The tenn of the License is unspecified and can be terminated by Royal Palm by providing the County with thirty-days written notice to terminate the License. The County is not required to pay rent for use of the space. The County will be required to maintain Royal Palm's existing chain link fence adjacent to the parking area. The County will be required to maintain the parking area in safe condition. The County will be required to install bollards, or similar devices, to prevent vehicular damage to the chain link fence adjacent to the parking area. -, As contained in the original Public Parking Easement, this Agreement includes indemnification language for the County to hold Royal Palm harmless from any loss or liability arising out of personal injury, wrongful death, or property damage occurring within the leased premises to the extent provide by law, as long as Royal Park was not the cause of the injury, death or damage to property. .'"-"'"..", Agenda Item No. 1606 March 22,2005 Page 2 of 8 The Lease has been reviewed by Parks and Recreation, the County Attorney's Office, and Risk Management Department. FISCAL IMP ACT: The proposed License Agreement required the County to maintain several items within the Agreement. These same obligations exited for the County under the prior Public Parking Easement with Royal Palm, so no new obligations or expenses will be undertaken with this Agreement. Expenses and recording fees shall be withdrawn from Parks and Recreation Fund (111 ). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached Public Parking License Agreement and authorize staff to record the Agreement in the Public Records of Collier County. Agenda Item No. 1606 March 22, 2005 Page 3 of 8 .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1606 Meeting Date Recommendation to approve a Pubic Parking License Agreement with Royal Palm Country Club of Naples, Inc. to provide parking for the County-operated baseball field located on Warren Street at a cost of $50 for recording the Agreement 3/22/20059:0000 AM Approved By Murda Smith Beach and Water Superintendent Date Public Services Parks and Recreation 3/9/20054:56 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/10/2005 11: 27 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/200510:34 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/11/200511:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/20059:27 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/14/20058:50 PM tLl. Agenda Item No. 16D6 March 22, 2005 Page 4 of 8 PUBLIC PARKING LICENSE AGREEMENT THIS AGREEMENT mode ond "nt"red Into this \ l ~ day of ~004 by ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a non-profit Flo' a corporation (hereinafter called "LICENSORII). to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiamì Trail East, Naples, Florida 33962 (hereinafter called the "LICENSEE"). LICENSOR, for and in consideration ofTEN AND 00/100 ($10.00) DOLLARS and other valuable consideration paid by the LICENSEE, the receipt and sufficiency of which is hereby acknowledged. hereby convèys, grants, bargains and 8ell5 unto the LICENSEE, its succeSSOrs and assigns, a revocable and non~exclusive LICENSE for the use and maintenance of a public parking facility over, upon and across the following-described lands located in Collier County, Florida, to wit: See Exhibit ~Av attached hereto and incorporated herein by reference. Hereinafter referred to as the "PROPERTY". Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the LICENSEE and its assigns, together with the right to enter upon said PROPERTY for the purpose of operating andfor maintaining a paved, public parking facility on either side of LICENSOR'S primary entrance on Warren Street, subject to the following stipulations. 1. This LICENSE shall terminate and be revoked upon LICENSOR, its successors and/or its assigns, providing not less than 30 days written notice to LICENSEE, which notice shall specify the date of termination. Such notice shall be recorded in the Public Records of Collier County. Florida, and will be conclusive evidence that, upon such date, this LICeNSE shall be revoked and terminated. 2. LICENSEE shall maintain LICENSOR'S existing chain link fence adjacent to the parking area (the PROPERTY). 3. LICENSEE shall maintain the parking areas in good safe condition during the term of the LICENSE. LICENSEE, however, shall not be obligated to remove the paved parking area, nor to restore the PROPERTY to its pre-ex.î~t¡ng condition upon LICENSOR'S termination of this LICENSE. 4, LICENSEE promises to maintain LICENSOR'S primary entrance driveway on Warren Street free and clear of obstruction, and to take such actíons as may become necessary to ensure LICENSOR'S unobstructed ingress and egress, including but not limited to the posting of appropriate signage, and the marking and striping of pavement. ". ~'~ 2J.£: ? ~,. . , .-'~:"",I"':" . ,..,~ - Agenda Item No. 1606 March 22, 2005 Page 5 of 8 LICENSEE shall install and maintain bol1ards, or similar devices, in order 10 prevent vehicular damage to the chain link fence adjacent to the parking area. 5. 6. Commencing with LICENSEE'S use of the LICENSE, LICENSEE indemnifies and holds LICENSOR harmless form any loss or liability arising out of personal injury, wrongful death, or property damage occurring within the Licensed area to the extent provided by law, as long as LICENSOR was not the proximate cause thereof. . IN WITNESS WHEREOF, the LICENSOR has caused these presents to be executed the date and year first above written. WITNESSES: ROYAL PALM COUNTRY CLUB OF NAPLES, INC., :ðXro&t::;~ . Gustav Chiarello, President (Signature) DIN I'1/.IJ 1"'1. ¡.tA-ll./..-ð (A.) (Print Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing License Agreement was acknowledged before me by Gustav Chiarello as PresIdent of Royal Palm Country Club of Naples, Inc., a Florida non-profit corporation, who ~ is personally known by me produced as proof of identity, and who did take an oath, acknowledging that the foregoing License Agreement wa$ executed freely and voluntarily for the purposes expressed therein. WITNESS my ha \ ~~ dayo seal in the County and State last aforesaid this 2004. -~~d-J ~ ~ry Public ~ P............. .... ..............š:1 ' ,., F.EN A. FOWLER . Com"" D~117 "\ E>qIIrII W\IIIIØF r ~"ded ttvu Floric18 -.. .....!nO ¡ : I. ...............,............. -- -..---------- Agenda Item No. 16D6 March 22, 2005 Page 6 of 8 AS TO THE LICENSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLŒR COUNTY, FLORIDA Deputy Clerk BY: FRED W. COYLE, Chairman 1roVed~fëZZ=:: ~Á&Rt~ Assistant County Attorney Agenda Item No. 16D6 March 22, 2005 Page 7 of 8 ROYAL PALM COUNTRY CLUB PUBLIC PARKING EASEMENT LEGAL DESCRIPTION The Southwesterly 35 feet of the Northwesterly 120 feet of the following described property: Commencing at the South quarter of Section 20, Township 50 South, Range 26 East, Collier County, Florida run S89°33'27"E for a distance of 499.47 feet to a point on the Northeasterly right-of-way line of Warren Street; thence run N38°50'53"W along said Northeasterly right-of-way line for a distance of 230.92 feet to the Point of Beginning; thence continue N38°50'53"W along said Northeasterly right-of-way line for a distance of 293.34 feet; thence leaving said Northeasterly right-of-way line run N51 °03 '22"E for a distance of 190.02 feet; thence run S39°56' 49"E for a distance of 261.90 feet; thence run S41 °53' 18"W for a distance of 197.62 feet to the Point of Beginning. Said parcel containing 53,486.18 square feet or 1.23 acres more or less, subject to easements, restrictions and reservations of record. ~ ?jBY: ~ ._·I#c~ 7/30/ð4 Dàvfá.c-. Holl11aIl~Ÿ;S~1. . FIQrida.RegêttitiorÍ No. 6279 Not váIid uilless signed. ~ Nõt ~á1kt uñÍess:sealé<Í Witlf the orí'g1.riattais~ séal"/'~: McAn1y _Engineering1UlçtDesign, Inc. 5435 Park:Central C91R1 Naples, Horida 341 09 Certificate of Authorization No. LB 6782 EXHIBIT I- ft ~. 1 '& V C:\MTM\My Documents\Royal Palm Country Club\Royal Palm CC Parking Easement.doc --~----- - ';. U:...J SKETCII or DESCRIPTION NOT A SURVEY Agenda Item No. 16D6 March 22. 2005 Page 8 of 8 ROYAL PAUl COUNTRY ¡:Lue PUBUC P~KING EASEMENT l.ECAL- DE:3CRlPTlON THE SOUTHWtSTERL-Y ~ FE'tT DT THE NORTHYESTERl.Y 120 "lET or THE Jl'QLL''WJNt: DESCRIBED PRoptm CONWCNCJNC AT THE SOUTH QUARTER or SECTlOH 20. TOWNSflIP ~o SOUTH. IUNCE ze &.+.sT. COWCR coum. F"LORJDA RUN S81"3:J'2'?"E FOR ,. D13TAHCl or 418.47 'FEET TO It POINT ON THE N'ORTK!:AS'T'ERLY RlCKT-Of-WAY LINt or WARREJIi sntEE'T; THENCE RUN N3Ø"!tO'53"W ALaN(; SAID trìORTH£ASTtRLY RIGHT-Of-WAY LINE FOR A DISTA.NCt or 23Q.V2 FEET TO THE POINT Of' BECINNtNC; THENCE CONt1NUE H38"~'S'''' AlDNC; SAID NORTKEASn;RLY' RlCtn"-or-WAY UNE FOR II DISTANCE or 21i13.34 rtIT: THENCe LEAVI"(; SAID NORTHEASTERLY RiCHT-Of-WAY UHf' RUN N~I·03·22·t roJl II DISTAHCE OF 1~.02 FEET. THENCE RUN S3V&6'",-¡: PaR .. DISTA)iCt or 26lJilO rE!:r: THENCE RUN sc~'e"" FOR II DISTANCE (If url.12 FEn TO THE POINT or BEGtPlNtHC SAID PAHC!:l. CONT~NlNC !J3.4ðe.1ð SguJJl!: fm OR 1.23 ACRES waRE OR LESS SUBJECT TO EASEwtN'TS. R£STRICTJDNS AND RESERVATIONS or RECORD POUlT or COMMEHCEIŒIfr /'tWfMou.urrøCOlllØCII'IICnOIfICl._ liD iIOUTII. IWCt .. ....,. ~ aM.Wn. ~ /----.. nnnn__m·ïim·~;¡:-¡:·4·.:4;' t: ~ )( UI ~BY' ~UIIJ<~ 7/So/o~ FLORIDA REGISTRATION NO. 6:i:7{ NOT VAllI) UN[£!.S SIGNED NOT YAUD UNLeSS s)o:ALED W1TH THE ORJC1NAL RAISED SC.\L - (t~ i, Ii Agenda Item No. 16D7 March 22, 2005 Page 1 of 9 --- EXECUTIVE SUMMARY Recommendation to approve the Lease Agreement with Southwest Heritage, Ine., as amended, for use of the Naples Railroad Depot as a branch facility of the Collier County Museum. OBJECTIVE: To obtain approval from the Board of County Commissioners to update the Board on the status of the terms on a conditionally approved Lease Agreement with Southwest Heritage, Inc. CONSIDERATIONS: On December 14,2004, under agenda item 16 D 7, the Board of County Commissioners conditionally approved a Lease Agreement with Southwest Heritage, Inc. for use of the Naples Railroad Depot as a branch facility of the Collier County Museum. The Lease was approved contingent upon the City of Naples' contribution of their surplus funds from the Diamond Jubilee and the City's agreement to maintain the landscaping. The City of Naples has agreed to the specified conditions and the letter from the City of Naples dated January 28, 2005 is attached to this Executive Summary as an exhibit. The following revisions were made to the previously approved Lease: ARTICLE 2., Paragraph 1, the Lease commencement date was changed to April 1, 2005. ,...-.. ( ARTICLE 5.. Paragraph 1, revised as follows: "LESSOR at its sole cost and expense shall continue to operate, maintain, insure and staff the exhibition gallery known as the "Lionel Train Room" that is located within the building as well as the miniature riding railroad that is located around the exterior perimeter of the property along with its associated railroad 'track, signals, accessories and engine house." ARTICLE 5.. Paragraph 4, revised as follows: "LESSOR may sell train tickets on the Demised Premises in designated areas during normal hours of operation and one-third (1/3) of 'train ticket revenues shall go to the development and preservation of the Demised Premises and shall be paid to LESSEE by LESSOR on an annual basis." ARTICLE 5.. Paragraph 5, revised as follows: "LESSEE shall be allowed to serve and/or sell alcoholic beverages and food upon the Demised Premises at times which LESSEE determines appropriate, including but not limited to, special events, leased functions, gallery shows and fund-raisers." These revisions have been agreed to by the Collier County Museum Director, Office of the County Attorney and Southwest Heritage, Inc. No other changes within the previously approved Lease, including costs, have been revised. ,- FISCAL IMP ACT: None. ,- ,"'-- ,--- Agenda Item No. 16D7 March 22, 2005 Page 2of9 GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Lease Agreement with Southwest Heritage, Inc. PREPARED BY: Ron Jamro, Director, Collier County Museum Agenda Item No. 16D7 March 22, 2005 Page 3 of 9 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1607 Recommendation to approve the Lease Agreement with Southwest Heritage, Inc., as amended, for use of the Naples Railroad Depot as a branch facility of the Collier County Museum. Meeting Date 3/22/20059:00:00 AM Approved By Ron Jamro Museum Director Date Public Services Museum 3/9/2005 11 :35 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/10/2005 1 :01 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/200510:07 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/11/200511:40 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/15/20059:50 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/15/20053:54 PM -. Lease # Agenda Item No.1 D7 March 22, 2 05 Page 4 f 9 LEASE AGREEMENT TillS LEASE AGREEMENT entered into this _ day of , 2005, between Southwest Heritage, Inc., a Florida non-profit corporation, whose mailing address is 1051 Fifth Avenue South, Naples, Florida 34102-6413, hereinafter refeITed to as "LESSOR", and COUlER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter refeITed as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property known as The Naples Railroad Depot, located at 1051 Fifth Avenue South, Naples, Florida, 34102, consisting of a one (1) one-story, freestanding building with approximately 8,000 square feet, three (3) railroad cars (club car, baggage car and caboose), for the sole purpose of operating a County museum and to maintain and preserve the Naples Railroad Depot as a registered historic landmark and other purposes which further the historic nature of the Naples Railroad Depot. LESSOR shall exclude the exhibition gallery known as the 'Lionel Room' and the freestanding, exterior engine house and exterior mini train ride from the Demised Premises, which consists of approximately 1,500 square feet. If, at any time during this Lease, the LESSOR elects to cease its use of the Lionel Room, LESSOR shall offer the use of the gallery to LESSEE for its purposes and operations and which time the gallery shaH become a part of the Demised Premises. LESSOR shall use its best efforts to keep the Lionel Room open during n0l111al operating hours of LESSEE. LESSEE understands that the exhibition times for the Lionel Room vary and may not be compatible with the LESSEE'S operating times at the Demised Premises. LESSOR, however, shall not provide any gaHery hours, or schedule events in the gallery, at any time other than those times which are normal operating hours of LESSEE, unless seven days prior written notice is provided to the Collier County Museum Director, or his designee, requesting approval for LESSOR to utilize its Lionel Room. During said time, LESSOR shall have the use of the outdoor access single-use restroom. The LESSEE accepts the Demised Premises in "as is" condition as it existed on June 25, 2004, during the inspection conducted by the Collier County Facilities Management Department. LESSEE and LESSOR agree that the parking area at the Demised Premises shall be shared by both parties and their employees, volunteers, invitees and guests. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of thirty (30) years commencing on April 1, 2005 and ending March 31, 2035. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for two (2) additional terms of thirty (30) years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than 180 days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon one hundred eighty (180) days prior written notice of such tennination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. LESSOR shall have the right to reasonably oversee LESSEE'S operations at the Demised Premises to ensure that LESSEE adheres to the stated purpose and intent of this Lease. If LESSOR should find that LESSEE is not in compliance with the terms of this Lease. LESSOR shall advise LESSEE of its findings and provide LESSEE with written notice and demand for cure of the default as provided for in Article 11 of this Lease. Agenda Item No. 16D7 ARTICLE 3. . &Gt. March 22. 2005 Page 5 of 9 LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Dollar and 00/100 Cents ($1.00) per annum for each year of the initial lease term and any renewals thereto. ARTICLE 4. Other Exoenøes and Char2es LESSEE shall pay all costs associated with janitorial services and utility charges pertaining to the Domiaed Premises including. but not limited to, charges for gas, electricity, light, heat, ak-conditioning, water, sewer and telephone or other communication serviçc used, rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE S. Other Considerations LESSOR at its sole cost and cxpcnsc sball continue to operate, maintain, insure and staff the exhibition gallery known as the "Lionel Train Room" that is located within the building as well as the miniature riding railroad that is located around the exterior perimeter of the property along with its associated railroad track, signals, accessories and engine house. LESSEE reserves the right to charge admission to the Demised Premises and any exhibits, and to rent the facility or clements of the facility to others, for any use which the LESSEE deems as an appropriate museum-related event or function, and any revenue derived from such rentals shall be for LESSEE'S sole use. LESSEE may, at its option, operate a gift shop located on the Demised Premises, from which all proçceds from the sale ofmcrchandise from the gift shop shall go to the LESSEE to defray operating costs at the Demised Premises. LESSOR may seU train tickets on the Demised Premises in designated 8rcas durin¡ normal hours of operation and one-third (1/3) of train ticket revenues shall go to the development and preservation of the Demised Premises and shall be paid to LESSEE by LESSOR on an annual basis. LESSEE shall be allowed to serve and/or sell alcoholic beverages and food upon the Demised Premises at times which LESSEE determines appropriate, including but not limited to, special events, leased fimctions, gallery shows and fund-raisers. LESSEE shall retain ownership and/or pollSC8lion of any and all artifacts, exhibits and displays brought onto the Demised Premises by the LESSEE. ARTICLE 6. Modifications to Demised Premises LESSEE agrees that no modifications will be made to the Demised Premises, other than routine repairs and maintenance, without advance review and written approval of the plans and specifications by the LESSOR. Tbe LESSEE agrees to maintain the Demised Premises in accordance with good hiltOric preservation practices and that any structural repairs or modifications to the DcmiIed Premises will be made in a manner consistent with the applicable standards and guidelines of the Sec:retary of the Interior's 'Standards for Rehabilitation. ' Prior to making any non-routine change&, alterations, additions or improvements to the Demised PrcmÏses, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, alan¡ with the contemplated startin¡ and completion time for such projec:t. LESSOR or its dcai¡ncewill then have sixty (60) days within which to approve or deny in writing said request for c:hanges, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) daya there bas been no written rcjec:tion delivered by LESSOR to LESSEE resarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, lepak work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises. to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier. and any and all governmental agencies having jurisdiction over the Demised Premises. 2 --"<~'-"-'- · Agenda Item No. 1 07 All alterations, improvements, and additions to said Demised Premises shallat once, when ~rch 22, 2 05 or installed,. be deemed as attached to the &cchold and to have become property of LESSOR. Prior to the Page 6 f 9 termination òf this Lease or any renewal term thereof: or within thirty (30) days thcrcaftcr, if LESSOR SO dîrccts. LESSEE shall promptly remove all such additions, improvements. alterations, fixturca and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE. and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees. shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the pwpose of examining same and making repairs therein, and for the pwposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. As!¡imnnent and SublettiDll Except as permitted in Article 5, LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance Property Insurance: LESSEE sha1l be responsible for procuring property insurance on personal and busincss property owned by LESSEE and shall also be responsible for insuring any betterments and improvements made by the LESSEE to the subject property. LESSEE shall be responsible for procuring insurance coverage on the building, pennanent fixtures and pennanent exhibits. LESSOR shall be responsible for procuring property insurance on the personal and business property owned and retained by LESSOR, in this Lease, such as, but not limited to the, the Lionel Room Gallery, outdoor engine house and miniature train ride, which exist at the commencement of this Lease. General Liability Insurance: LESSEE shall procure General Liability Insurance in an amount of not lcss than $1,000,000 per occurrence for claims arising out of the LESSEE'S use and operation of the subject property. LESSOR shall be responsible for procuring General Liability insurance in an amount of not less than $1,000,000 per occurrence for claims arising out of the LESSOR'S owncnhip of the premises and the LESSOR'S operation of those exhibits and attractions that shall continuc to be under the owncnhip and control of the LESSOR at the commencement of the Lease. Wor~'Co~nsaUonlnsu~nce: LESSEE shall procure Workers' Compensation Insurance on its employees pursuant to the requirements of Florida Workers' Compensation Statute. County shall also procure Employers Liability Insurance in an amount of not less than $500,000 per accident and $500,000 per disease. LESSEE sha1l. to the extent permitted by law, agree: to indemnitY and hold harmless LESSOR for acts arising out of the LESSEE'S use and operation of the Demised Premises. LESSOR shall agree to indemnitY and hold harmless the LESSEE for acts arising out of the LESSOR'S use of the Demised Premises. 3 ARTICLE 10. Maintenance Agenda Item No.1 07 March 22, 2 05 Page 7 f9 LESSEE shall, at its sole cost and expense, keep theDemisod Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR. LESSEE will be 10 advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall aasume and pay all reasonable and necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incUJ'l'Cd by LESSOR. LESSEE shall be responsible for all costs usociated with the interior and exterior'maintenance of the building, including but not limited to, the parking area, exterior lighting. pest control, plwnbing, electrical system, air-conditioning system, painting, roofing, landscaping and exterior irrigation at the Demised Premises. It is the LESSEE'S understanding that the Demised Premises may be eligible for grant funds for renovations and repairs through the National Trust and other like sources. LESSOR agrees, that if required, LESSOR as titleholder to the Demised Premises, will assist LESSEE in any way necessary, to apply for available funding. LESSOR shall be solely responsible for all costs associated with the maintenance, repair and replacement of the Lionel Room and the outdoor engine house and train ride. ARTICLE 11. Default bv LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after one hundred eighty (180) days written notice to LESSEE, unless the default is cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default bv LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. ~ Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses. The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addrcasccs only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. LESSEE: Board of County Commissioners clo Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Southwest Heritage, Inc. t OS 1 Fifth Avenue South Naples, Florida 34102 cc: Office of the County Attorney ARTICLE IS. Surrender ofPremiscs LESSEE covenants and agrees to deliver up and BUITC11der to LESSOR possession of the Demised Premises, and all improvements made thereto during the tcnns of this Lease, upon expiration of this Louc, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease, ordinary wear and tear excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection providod by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency 4 Agenda Item No. 1607 situated in Collier County, and LESSEE acknowledges that any special security measures deemed ~2, 2005 for additional protection of the Demised Premises sh:a11 be the sole responsibility and cost of LESSEE íiíl;¡e 8 of 9 shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to reftain fi'om any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 17. Radon Gas In compliance with Scction 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained fÌ'om your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Govemind.aw This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATIEST: DWIGHT E. BROCK, Clerk BY: . Deputy Clerk BY: FRED W. COYLE, Chairman AS TO THE LESSOR: DATED: I'1AI2£.J+ ~ Zna~ ~ WITNESS (signature) Qobin :Koberf-son print.- ~ \-. ò~ t. ~~~~ WITNESS (signature) L~ \ '=:. D, b-\\. oA- '""' print name SOUTHWEST HERITAGE, INC. ~~ BY' . ~_ C. ge c i of Directors (CORPORATE SEAL) legal sufficiency: 5 B1/28/2BB5 15:51 2392131B33 CITY MANAGERS OFFICE Agenda Item~6[Ø/B2 March 22, 2005 Page 9 of. 9 (Ð ~7~ Janum:y 28. 2005 The HODDIBb1e Fred Coyle. Cbairman Board of COUDty Commissioœrs CoUier County Government Complex 3301 Tamiami Trail East Naples, Florida 34112 RE: NapJeg Depot Muscw:n Dear Chahman Coyle: '. , ,..... At the December 1 S, 2064"City ·Cou:;uill. . ~ the. Cit&' CouncUItt''UÙTQOusly voted to authorize the City Manager !p ~ proçeedS from... ~!Øcs Diamond Jubilee Fund for the proposed. Naples ~ ~~ a1Id.to þe available to Collier County to assist with these expenditures. The Cit1- win. .pledge: ~'881.00 towards the fuuc:iiDg of historically related exhibits at the Naples Depot. 'With the undcntanding that $2,221.00 of these funds will be used to purcbasc: a historical marker, Moreowr, the City is willing to participate with the imProvmtents and maìntcnance of the 1andscIping needed f~ site. If you bave any ~ plcasc:I dO mtbcsité.'to.~··~ ':" . i. " . . . Sincerely~ .:. ." ~...- . . ....' .' . RcbertE. Lee, DPA City Manager . . . , 1;' ;' cc: Mayor 8Dd City Council County Commissioners City Clerk County Manager Mr. Lodge McKee , .. ., .- 736 EIGHTH STREET SOIJT"H . NAPLES, FLORIDA 34102 Agenda Item No. 16E1 March 22,2005 Page 1 of 3 ..- EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to Lease Agreement with Senator Burt Saunden for the continued use of office space for three years for a total revenue of $30. OBJECTIVE: To approve a Second Amendment to Lease Agreement with Senator Burt Saunders for office space on the third floor of the W. Hannon Turner Building. CONSIDERATIONS: Collier County has leased office space to Senator Burt Saunders since 1995. The most recent Lease has expired and Senator Saunders is requesting to extend the Lease with the expiration date that corresponds with the end of his current tenn, January 2, 2008. The Amendment includes a four-year renewal option pending the Senator's re-election. The rent is $10 annually. The County is responsible for all utilities and janitorial service. Senator Saunders is responsible for long distance telephone charges. FISCAL IMPACT: The annual rental fee of$IO shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Second Amendment to Lease Agreement with Senator Burt Saunders and authorize its Chainnan to execute ,,-- same. PREPARED BY: Michael H. Dowling, Property Management Specialist Real Estate Services Department ,,--. Agenda Item No. 16E1 March 22, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16E1 Recommendation to approve a Second Amendment to Lease Agreement with Senator Burt Saunders for the continued use of office space for three years for a total revenue of $30. 3/22/2005 9:00:00 AM Item Number Item Summary Prepared By Date Michael H. Dowling Property Management Specialist 2/11/2006 9:63:43 AM Administrative Services Facilltiea Management Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 2/11/20063:19 PM Approved By Kristina Eager Administrative Assistant Date Administrative Services Facilities Management 2/171200511:06 AM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 3/3/200610:50 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Service. Admin. 3/9/2005 B:63 AM Approved By OMS Coordinator Administrative Anlstant Date County Manager's Office Office of Management & Budget 3/11120069:32 AM Approved By Michael Smykoweki Management & Budget Director Date County Manager'. Office Office of Management & Budget 3111120069:46 AM Approved By James V. Mudd Board of County Commissioner. County Manager Date County Manager's Office 3111/20064:08 PM - "._--~----~ SECOND AMENDMENT To LEASE AGREEMENT ~~ü ItemNo. 1 E1 March 22, 2 05 Page 3 f3 THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this -'-- day of , 200S at Naples, Collier County, Florida by and between Senator Burt L. Saunders wbose mailing address is 3301 Bast Tamiami Trail. Administration Building, Naples, Florida 34112, hereinafter refern:d to as ''LESSEE''. and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 Bast Tamiami Trail, Naples. Florida 34112, hereinafter refern:d to as "LESSOR", WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated March 5, 1999 and a First Amendment to Lease Agreement dated Janua.I)2i, 2OO2i..-L- ...'JÞo" ~/ WHEREAS, the LESSEE and LESSOR are desirous o( amending the Lease Agreement and Amendment in order to reflect the LESSEE'S political term; and NOW THEREFORE. in consideration of the covenants and agreements provided within the said Le~ Agreement dated March S. 1999, as amended on January 25. 2002; and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended to January 2, 2008, and LESSEE shall have the option to extend the Lease, if LESSEE is reelected to the office held at the time of the renewal of this Lease, for an additional four (4) year term following the January 2.2008 extension. LESSEE'shall provide LESSOR with his intention to remain at the Demised Premises within fifteen (IS) from his reelection. Any holding over the expiration of the teons of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-te-month under the teons and conditions as provided herein. until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. 2, Except as expressly provided herein. this Lease Agreement between Senator Burt L. Saunders and Collier County for utilization of the premises described in said Lease Agreement and First Amendment to Lease Agreement remain in full force and effect according to the teons and conditions contained therein, and said teons and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF. the LESSEE and LESSOR have hereto executed this Second Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: ¡j¿(~PRß ~'nl/\ MO\\ff'O.ÁÌ (print name) ~f&..~\~ Witness (s ature) ~~\~ ~¥-.~WŒ; (print nam AS TO THE LESSOR: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA A TIEST: DWIGHT E. BROCK, Clerk BY: f,RED W. COYLE, CHAIRMAN BY: . Deputy Clerk Agenda Item No. 16E2 .. March 22, 2005 Page 1 of 2 -~ EXECUTIVE SUMMARY Recommendation to reject all responses received under Bid 05-3776, Fasteners and Wheel Weights for Fleet. OBJECTIVE: To reject all bids received under Bid 05-3776 and reissue as a bid to provide Fasteners and Wheel Weights for Fleet. CONSIDERATION: Bid 05-3776 was posted on December 22. 2004 in the lobby of the Purchasing Building. Staff solicited qualifications-related information from prospective bidders prior to soliciting bids for the purpose of pre-qualifying them to submit a price bid. Two submissions were received. Neither bidder followed bid instructions and the bid could not be awarded as submitted. Staff recommends this be re-solicited. FISCAL IMPACT: No fiscal impact is involved. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. /"- RECOMMENDATION: That the Board of County Commissioners rejects the bids received under Bid 05-3776. Fasteners and Wheel Weights for Fleet. PREPARED BY: Dan Croft. Director, Fleet Management ~ Agenda Item No. 16E2 March 22, 2005 Page 2 of 2 . ................ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16E2 Recommendation to reject all responses received under Bid 05-3776, Fasteners and Wheel Weights for Fleet. 3/22/2005 9:00:00 AM Item Number Item Summary Approved By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 2/24/2006 11 ;43 AM Approved By Scott Joh nson Purchasing Agant Date Administrative Services Purchaalng 2/26/2006 11 :08 AM Approved By Sleva Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 2/25/2005 11 :68 AM Approved By Len Golden Price Administrative Services Administrator Dete Administrative Services Administrative Services Admin. 3/9/200611:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20069:35 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/11/2006 9:47 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/11/2005 4;59 PM Agenda Item No. 16E3 March 22, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2005 calendar year. OBJECTIVE: Board of County Commissioners' (Board) approval and execution of the attached Resolution authorizing the Chainnan to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery (Cemetery) during the 2005 calendar year. CONSIDERATION: The need existed in Collier County for cemetery space for intennent of deceased indigents, so in December 1964,20 acres, on Little League Road in ImmokaJee, were purchased for this purpose. The property was platted as a cemetery in 1967 with 17,850 (984 infant and 16,866 adult) burial plots. The Cemetery was used solely for indigent burials until opened to the public in 1982. The Board formally adopted a Cemetery operations policy in July 1982 under Resolution 82-105. The policy was revised on September 22, 1987, again on May 1, 1990, and again on September 9, 2003, under Resolutions 87-224, 90-242, and 03-290, respectively. According to the policy, the Real Estate Services section of the Facilities Management Department, under the auspices of the Administrative Services Administrator, is responsible for the daily administration of the Cemetery, which includes preparing and processing Deed Certificates for the sale of burial plots to the public. Deed Certificates require execution by the Board Chairman, and prior to 1992, sales transactions were presented to the Board for approval on an individual basis. These sales are numerous, so in order to expedite the acquisition process and relieve the Commissioners of having to review fonnat documents, the Board has since, on an annual basis, granted the sitting Chairman the authority to execute Deed Certificates on the Board's behalf without further approval required. Deed Certificates are approved by the County Attorney's Office prior to being transmitted to the Chairman for execution. Based upon historic sales data, fifty-seven plot sales are projected during FY 04/05. At $375 for a standard adult plot, $150 for a veteran plot, and $100 for an infant plot, total revenue from plot sales of $19,550 is projected during FY 04105. FISCAL IMPACT: All proceeds from plot sales are deposited in the General Fund Account (001). GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution. Prepared by: Linda SuJevich, Administrative Secretary Agenda Item No. 16E3 March 22, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E3 Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2005 calendar year. 3/22/20059:00:00 AM Meeting Date Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 31312006 7:48 AM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 3131200610:50 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 31712006 3:05 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3191200512:01 PM Approved By ,-' OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3111/2005 9;46 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's OffIce Office of Management & Budget 3111120059:66 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3111/2006 5:36 PM Agenda Item~~. 1!E3 March 22, 2 05 - Page 3 f 3 ! RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEED CERTIFICA TES FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY mE CHAIRMAN OF THE BOARD FOR THE 200S CALENDAR YEAR. WHEREAS. Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15. 1964 from J.c. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180. Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration. maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS. the Board of County Commissioners adopted Resolution 87-224 on September 22. 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17. 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1. 1990 and Resolution No. 03-290 on September 9, 2003, which revise the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deed Certificates for the Lake Trafford Memorial Gardens Cemetery are expedited. while maintaining the safeguards of staff and legal counsel review of such documents; and . WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deed Certificates for the Lake Trafford Memorial Gardens Cemetery. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: I. The Board of County Commissioners does hereby authorize the Chainnan of the Board of County Commissioners to execute Deed Certificates for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 03·290 dated September 9,2003. and the County's administration of that Resolution. whereupon the Deed Certificates have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. 2. The authorization of the Chairman to execute the Deed Certificates for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2005 calendar year. This.Resolution adopted this _ day of .2005. after motion. second and majority vote. A TIEST: DWlOlIT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA , Deputy Clerk BY: Fred W. Coyle, Chairman BY: ~..........." Agenda Item No. 16E4 March 22, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to reject all responses to RFP #05-3748, On.ite Primary Care Services. OBJECTIVE: To reject all proposals received under RFP #05-3748, Onsite Primary Care Services. CONSIDERATiONS: RFP #05-3748 was posted on November 28,2004 in the lobby of the Purchasing Building. In addition to the posting, notification was sent to over 400 participating medical providers in the county's managed care network, Community Health Partners. Two submissions were received. The selection committee met on February 28, 2004 to review the proposals. The consensus of the committee was to reject both proposals. One proposal was considered non-responsive to the requirements of the RFP and the other proposal contained a price proposal that was not cost effective in the opinion of the selection committee. In addition, the committee expressed concern over the lack of response from the medical community which resulted in concerns about quality. .- Therefore, it is recommended that the Board reject both proposals. Staff will review altemative options and bidding approaches with Purchasing staff for a possible re-bid. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board reject all proposals received under RFP #05-3748, Onsite Primary Care Services. PREPARED BY: Jeff Walker, CPCU, ARM, Risk Management Director ,- Agenda Item No. 16E4 March 22, 2005 Page 2 of 2 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16E4 Recommendation to reject ali responses to RFP #05-3748, Onsite Primary Care Services. 3/22/20059:00:00 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 3171200611 :01 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/8/200612:65 PM Approved By Len Golden Price Administrative Services Administrator Data Administrative Servlcas Administrative Services Admin. 3/9/2005 12:03 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/2006 9:47 AM Approved By Michael Smykowski Management & BUdget Director Date County Manager's Office Office of Management & BUdget 3/11/2006 9:64 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 3/11/20056:51 PM Commissioners Agenda Item No. 16E5 March 22, 2005 Page 1 of 26 . EXECUTIVE SUMMARY Recommendation to declare certain county-owned property .. surplus, authorize a sale of the surplus property on April 9, 2005, and authorize the donation of certain surplus property to Reachout Everglades and COPS Association, Inc, OBJECTIVE: To dispose of the County's surplus property in a lawful, cost effective and public manner. CONSIDERATIONS: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property (attachment "A-1" and "A-2") that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately five hundred (500) items that will be auctioned, of which there are several pieces of computer equipment, typewriters, fumiture, miscellaneous office equipment, a pile of dirt, vehicles, small equipment, etc. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statutes. The items on the attached list (attachment "A-1"and "A-2") are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the April 9, 2005 auction date, staff is requesting permission to dispose of additional non-asset surplus items. that may be received subsequent to the preparation of this Executive Summary at the April auction. All items sold and their realized values will be reported in a follow-up Executive Summary. The Purchasing Department staff received a request from Mr. Ray Cadwallader, a representative of Reachout Everglades and COPS Association, Inc., to obtain, as a donation, the items listed on attachment "D" from the surplus inventory of Collier County. No county department has expressed an interest in these items. Staff requested that Mr. Cadwallader provide a written letter of request (attachment "B") for the items to be donated to Reachout Everglades and COPS Association, Inc. and provide the 501 (c)(3) certificate (attachment "C") from the Internal Revenue Service, which establishes this organization as a nonprofit agency. This donation will be conducted pursuant to section 21'3.01, Florida Statutes. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the recommended actions. RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list (attachment "A-1 and "A-2"), on April 9, 2005 and authorize the donation of the items listed on attachment "D" to Reachout Everglades and COPS Association, Inc. SUBMITTED BY: Sue Hebbe, Purchasing Technician, Purchasing Department -.-.-----.-- Agenda Item No. 16E5 March 22, 2005 Page 2 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E5 Recommendation to declare certain county-owned property as surplus, authorize a sale of the surplus property on April 9, 2005, and authorize the donation of certain surplus property to Reachout Everglades and COPS Association, Inc. 3/22/20059:00:00 AM Meeting Date Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/10/2005 3:30 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3/11/2005 8:48 AM Approved By OMB Coordinator Administrative Aeslstant Date County Manager's Of:tlce Office of Management & Budget 3/11/200510:35 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's OffIce Office of Management & Budget 3/11/2005 1 :40 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/11/20053:51 PM . . Agenda IteA, 16E5 Ma~cW, 2005 Page 3 of 26 ATTACHMENT "A-l" SURPLUS PROPERTY" CPU"a 100-11t ITEIII DE8CRlP11ON .....T1I ITElU COUNTY OTHER FND COST DEPT FROM SERIAL NUMBER TRANS TO DEPT FND COST ....t="N .L......FT. CTR .".,. CPU Dell 100 20000382 Tm< CoIiIIdDr CPU Den 101 2000089 Tu c:aa.ctDr CPU Dell 102 2OOOII3IIIi Tm< c:aa.ctDr CPU Dell 103 2000041 Tm< CoUector CPU Dell 104 20000387 Tm< Collector CPU Dell 105 I T m< Collector CPU Dell 108 Tu CoUector CPU Dell 107 Tu eou.c:tor CPU Dell 108 Tm< CoIIedDr CPU Dell 109 Tm< CoIIecIor CPU Dell 110 Tax CoIIedDr CPU Dell 111 Tax CoIIedDr CPU Dell 112 200008921 Tu CoIIedDr CPU Del 113 9811091 Tax CoIIecIDr CPU, Del 114 200008911 Tax CoIIecIDr CPU Dell 115 20000398I Tax Collec\Dr CPU Dell 116 98141 Tax Col..ctor CPU DeU 117 98108 Tax Collector CPU Dell . 118 98111 Tax Collector CPU Dell 119 2001171 001 1222 FacllltiH CPU Dell 120 2001172 001 1222 FllCitltÎIIII CPU Gatøwav 121 99108 32211 MIS CPUt:I.-., 122 982011C1 32211 MIS CPU Gatøwa~ 123 991052 32211 MIS PU Dell 124 20012044 101 18384 Road MIIin! r:ou. Gatewav 125 101 16362 Road MIIint CPU Del 126 101 1636 Road Main! CPU Dell 127 101 16362 Road MIIInt CPU Dell 128 101 163620 Road Main! CPU Dell 129 101 1636 Road Main! CPU Gal8w8v 130 123 15597 Human Svca CPU Dell 131 20011376 123 15597 Human Svca CPU Galftav 132 991098 123 15597 Human Svca CPU Com""" 133 970784 123 15597 Human Svca CPU Dell 134 408 253221 WatBr N Plant CPU Dell 135 20011~ 101 1636301Traffic ~ " . . . Agenda Ite"" 16E5 Mar~m 2005 Page 4 of 26 CPU', 100.1. ! MATt ITEM' COUNTY OTHER FND COST DEPT FROM SERIAL NUMBER TRANS TO DEPT FND COST .....awI AilS.",.. CTA CTR CPU. G8taw 138 98204 010 321211 CMI CPU G8I8w 137 Ø82OI5 010 11u MI:; CPU GeIew 138 982050 010 321110 CIC Admin CPU. Gat8w 139 98203 010 1211.ca MIS CF'U Gltaw 140 9i 010 I 3212111C11/11 CPU G8I8w 141 010 3211í11i1C1I/1J CPU Gatew 142 982 010 321211lclYIl CPU G8I8w 143 982082 010 3101101Fnance CPU. GeIew 144 is 010 321511í1CM CPU Gelewa 146 991 010 321112111RIICIOIdI Moml CPU G_ 148 88 010 3211í11í1OMl CPU GaIewIv 147 88201W 010 3101101F1n1nce CPU GlIeWI 148 882041 010 12111D1C1C Admin CPU GII8wI 148 118204 010 ~"I CPU.~ 150 8821M4 010 32121 mini! CPU GII8wI 151 98201í1 010 I 32121 InII CPU GII8wI 182 882041 010 32121 !nil CPIJ GII8wa 153 94083 010 I 32111 ClC Admin OPU GaleWl 154 200023 408 23331 W..leWlter -I¢PU GaleWl 155 20000273 001 144610 !1ftm Animal 'UG81øw8 156 001 155410 Com Aromal 157 . 158 159 160 181 182 183 184 185 168 187 188' 189 170 171 172 173 174 175 178 . . Agenda Ite'-. 16E5 Ma;c~, 2005 Page 5 of 26 COMPUTER IIONITORS 200-21II !TEll DESCRIPTION MATt ITEIII COUNTY OTHER FNO COlT DEPT FROM SERIAL NUMBER TRANS TO DEPT FND COST &MET . ....",.. CT1I t!TII Monitor. Gaw.y 200 310110 CIC FIn.nee Monitor, GnIwIIv 201 322110 MIS Monitor G8- 202 310110 Fm.nc. Monitor V_ic 203 321218 Prabnt MoniIDr ~ 204 321910 Tqc MoniIDr r:.-.. 205 321910 TIWfftç Monitor VIn80nic 208 321218 f>robI. MoniIDr V_ic 207 321218 PnIbII. Monitor GllIIIwIIv 208 310115 CIC MIn & Røc Monitor G8tAWav 209 310115 CIC Min & Rec Monitor ............ 210 322110 MIS Monllor ............ 211 322110 MIS MonIIDr ~ 212 322110 MIS Monllor.~ 213 322110 MIS Monllor. Gaw.y 214 322110 MIS MonItor GùIwII 215 322110 MIS Monitor o.tawa 216 322110 MIS Monitor. G8111w11 217 322110 MIS Monitor G8__ 218 310115 CIC Mill & Rec MonItor G8- 219 310116 CIC MIn & Rec MonItor QvIIIon 220 96302 310115 CIC MIn & Rec Monitor TTX 221 321910 TI'1II11c Monitor View80nIc 222 991 DO!! 321218 Prob.. MonItor GII- 223 310110 Fin_ Monitor G8... 224 310110 Fm.nce Monitor GIIIIIwII 225 310110 FlNlnce Monitor GIIIIIwII 226 310110 Fin.nee Monitor GllIIIwII 2TT 310110 Fm.nce Monitor 228 TIIX eou.ctor Monitor 0.1 229 TIIX Collector Monitor Dell 230 TIIX CoIIøctor MonItor VIewaonic 231 9810511 TC 2511R T IIX eon.ctor Surwillance Manitor 232 TIIX Collector Surwlllanœ Monitor 233 TIIX CoIlKtor P&R 158381 Surwlllanee Monitor 234 Tu Collector P&R 158381 Monitor G"""""" 23ð 321515 CIv1I . . Agenda Ite..A16E5 Ma~~~ 2005 Page 6 of 26 C~UTER IIONITORS 1-._ /TEll DESCRIPTION IIA TW /TEll . COUNTY OTHER FND COST DEPT FROM SERIAL NUIlBER TRANS TO DEPT FND COST AAIIIET III CTR CT1i Monitor Gat_ 238 321513 Criminal MonItor Gm-aY 237 321513 Crimll1lll Monitor 238 32211 0 MIs Monitor 239 322110 IMIS Monllor 240 322110 MIS Monitor 241 322110 MIS Monitor 242 32211 IS Monitor Gllteway 243 001 122240 .of1~1.. Monitor Dell 244 001 . ac1tJee Monitor Dell 245 001 1lCi11lie. Monitor Daß 248 408 2101 lIED Monitor Dell 247 <408 2101115 PUED Monitor DeN 248 <408 21011111 PUED Monitor Del 249 408 21011 PU 0... Monitor Deft 2SO 001 155810 Health Monitor Dell 251 001 155810 eakh Monitor Del' 252 001 155810 Health Monitor 0401181 253 001 155810 HeaIIh Monltot Dlaltal 284 001 15581 Health ,- ",!onltor, Dell 255 001 155810 Health 'nllor Dell 258 001 15581 Health .lnitor Dell 257 001 15581 Health Monitor De1 258 101 111311201Road Main! WW Collections 408 233351 Monitor Dell 259 101 li5 Malnt &R 158381 Monitor Dell 280 101 1 ad Malnt Monitor Gatewa...- 281 101 11138 Maínt Monitor Dell 282 101 18382 ROId Maint Monllor Dell 283 101 183820 Road Malnt Monllor Dell 284 101 111382!J1Rð11d Malnl Monitor eomDAD 265 123 155117"'Human SYCII Monitor Dell 286 123 1 !l5lJ7!1IHuman SYCII Monitor Gatewav 287 123 1115975 uman SyCS Monitor Dell 286 123 1!1!11175 Humansves Monllor Dell 289 123 15587 Human Sves Monitor Dell 270 123 18511 Human Sves Monitor Dell 271 123 15587 Human SyCS Monitor Geteway 272 123 11159 Human SVca Monllor Dell 273 123 1115978 IHuman SYCII Monitor, Dell 274 101 163840 RoadJ;iJnt Monitor Dell 275 101 163840 Road Malnt . . Agenda Ite...A16E5 Ma;~~ 2005 Page 7 of 26 COMPU1ëR MONITORS I -- , ITEM DE8CRlPT1ON IIA ,.. ITEM . COUNTY OTHER FND COST DEPT FROM SERIAl. NUMBER TRANS TO DEPT FND COST ASIET . "un. CTR CTR Monitor Dell 278 101 183640 Read Main! Monitor Dell 277 101 1836401Ra8d Malnl Monl1Dr 278 408 253221 Wilier N Pl8n1 Monitor 279 408 253221 Wilier N PIent MonI1Dr 280 408 253221 W8IW N PI8nt MonftDr 281 408 253221 Wilier N PI8nt Montor 282 408 253221 W81M, N PI8nt MonJtor Dell 283 111 100130 Comm&CuII Monitor, G8tewav 2M 131 178~ ESD Monitor Dell 285 131 17A11ß. ESD Monitor, Dell 286 131 1781184 ESD Monitor Gatewav 287 31011 Finllnce MonI1or Gelewav 288 31011 F1n8nce Monitor Gateway 289 31011 Finance MonItor Gatewav 290 31011 Finance Monitor Ga1ew8v 291 31011 Finllnce Monitor Gatewav 292 31011 Finance MonItor Gateway 293 31011 Finance Monitor Gatewav 294 31011 Finance Monitor Gatewa 295 31011 Finance Monitor Gatewa 296 31011 Finance Monitor, Gatewa 297 31011 Finance Monitor Gatewa 298 310110 Finance Monitor Gatewa 299 31011 Finance Monitor Gatewa 201A 31011 Finance Monitor Gatew 202A 31011 Finance Monitor Gatewa 203A 310110 Finance Monitor Gatewa 200M 32111 CIC Admin Monitor Gatew 2O!IA 32151 CIvIl Monitor Gatewa 206A 32151 CivIl Monitor Ga1ew8v 207A 32151 CMI Monitor Gatewav 208A 408 23331 WB8Iewater Monitor Dell 209A 408 23331 WB8Iewater Monitor CTX 210A 408 23331 Waatewater Monitor Cell 211A 001 155410 Com Animal 212A 213A 214A 215A 218A 217A ....--., . e Agenda lIe". 16E5 Ma~c~, 2005 Page 8 of 26 PRINTERS 30WII rTEII DEICRIPTION MAD fTEM . COUN1Y OTHeR FND COlT DEPT FROM SERIAL NUMBER TRANI TO DI!PT FND COST .oUIA~ . AIIIII!T It t!TII CTR PrinIIIr, ~ 300 TIIX CoIIecIat PrinIIIr Eœon 301 TIIX CoIIecIIIr PI1nIw Eaaon 302 TIIX CoIIecIat Prinlllr E_ 303 TIIX COIIIICIOr Prill.. EDIIIIn 304 TIIX COIIIICIOr PrinIIIr. t:œon 305 2OO102~ T PrInIIr. EøiIOn 308 2001025 IIX CoIIIdar PrinIIIr E_ 307 TIIX Collector PrinIIIr E.-on 30S III( ~c:Ior Pr1n1llr EDIIon 13DII T:~ PrinIIIr, _ 310 Pltnlltr E_ 311 TIIX c.-- PIt,*" I:œatI 312 TIIX CoIIc:Ior Pltnllr. PIInev a- 313 TIIX CoIIIcIor PrtntIr 314 MIIIIIII 32211 MIS PrinIIIr 315 9207271 32211 MIS pnm.r 318 3~. PIt'*' HP 317 9308351 408 2101 EO Prtnt.r HP 318 113083 408 25 ..... N Plant ~.~...... HP 319 (No :r.8I 408 253221 Wa., N Plant 950980 ,nlllr HP 320 900104 001 15581 HUfllllnSIICII PrInIIr '"""on 321 123 15587 Hu,,*, SIICII PrInIIr Canon 322 123 155874 Human SIICII PrinIIIr HP 323 123 155874 HUI'I\8I1S11C11 PrinIIIr, EDaan 324 123 15587 Human Svœ Prinl8r. HP 325 970470 111 10013(1 Comm & Cuet . . Agenda lIe.... 16E5 Mar~~ 2005 Page ,9 of 26 PRlHTERS 3OO-3It ITEII DESCRIPTION MATt ITEM , COUNTY OTHER FHD COST DEPT FROM SERIAL HUMBER TRANS TO DEPT FHD COST ASSET , ASSET , em CTR Printer HP 328 001 121710 Purch8llnø Printer HP 327 001 121710 Purc:haalna PrInter HP 32ð 001 121710 Purchaalna Printer EPIOn 329 TIIII1IIDOr1aIIon Printer EDSOn 330 001 121110 AdmIn ServIces Prinler HP 331 408 233313 WII1ewIllllr PrInIer HP 332 001 1554 0 Dam AnImal Printer HP 333 001 155410 Dam Anlmll Printer HP 334 001 155410 Dam Anlmel Printer HP 335 001 155410 Dam Anlmel Printer HP 338 001 165410 Dam Anlmll PrInter HP 337 001 155410 Dam Anlmll 338 339 340 341 342 343 344 345 345 347 348 349 350 351 352 353 354 355 356 357 358 359 380 381 382 383 364 385 ......-,.. . e Agenda Ite..... 16E5 Mar~~, 2005 Page 10 of 26 TYPEWRITERllFAX MACHINES 4CIOo4II ITEM DElCRIP'TION 1M. 1W ITElU COUNTY OTHER FND COST DEPT FROM IERIAL NU_E!R TRANI TO DEPT FND COST .....IIT.. AaIIET III r.TD eTR TVDoIWIII8r. "-acInic <tOO 011 31121 Prabel8 10401 T_. PI_Ie 402 DOl 115581 Health T-*r. P_1e 4D3 89D42 H 14811 011 115581 HNIth T--.r. PWIUOIIIc 404 DOlli HeIIth Fa MachIne <t05 84D67 0011 1 HeIIth T_ 1408 401! 1 Wlltllr N PllI1t FIX M8chIne Brother 4f17 123 5687 Humin a_ la I4DII 410 411 412 413 414 415 418 417 418 -, 4111 420 421 422 423 424 425 426 4Xl 428 429 430 431 432 433 434 435 ;.~' ~- e . Agenda ItemA16E5 Marc~ 2005 Page 11 of 26 IUCEl.LAHE0U8 NON· ~ .............-..,....,..... ITEII DESCRPT'ION 1M 'ßI ITEII . COUNTY OTHER FND COST DEPT FROM SERIAL NUMBER TRANS TO DEPT FND COST .......",.. AAIIET . CTR CTR 16l1li Tu Collector J Køvboardll Box of 601 TII( Collector Power COldII Box of 602 To Colleclor CO Rom Drtve 603 TII( Collector ComoolBr EauillllHlnt 604 TIX CoIIIIctor Com"ullr I'nulnmanl Box of 605 TIX Collector Mice Box of 608 ax CoIIecIDr Office SUIXlIleS Box of 607 Tax Con.cIor ISaeaIc8r 608 Tee Collector H.....lnn Ale R.ck Box of 609 MIS H.nnl.... File Rack Box of 810 MIS H.""N File Rack Box of 811 MIS Power Corda Box of 812 MIS BaØIIIII Rack 813 MIS DilkDrive 814 32211 MIS DIak Drive 815 32211 MIS Movie Pictu.. Screen 818 8238 001 15581 Has"" Hearinn lnalrumenl 817 8901060 H 198 001 15581 HaaJth Hearinn lnatrumenl 818 8901059 H 199 001 15581 Health Hurina In.trument 819 8901082 001 15581 HaaJth 0IIIœ Su-MlIea Box of 820 001 15581 Heallh RoIadex Card FIIø 821 001 15581 Heallh WW lab Audiomel8r 822 001 15581 Heallh Box of 823 101 18382 Road Main! Office SooM" Box of 824 001 12171 Purcnasina P&R Laroe Metal Trash Can 825 T/8nllDOltation IKfWbnard Tnov 826 Tlllnsoortslion CaR Phones Box of 627 113 138111X DES Admin Cell Phones Box of 828 111 P&R Can Phones Box of 829 111 P&R Cal Phones Box of 830 111 P&R Cell Phones Box of 831 111 P&R Call Phone P.rts Box of 832 111 P&R Cell Phone Accesaorlea Box of 833 111 P&R Corda .nd Mice Box of 834 31011 Finance KAvhnoords Box of 835 31011 Finance ,,- . . Agenda Ite".A 16E5 Marët1llf. 2005 Page 12 of 26 MI8CELLANE0U8 NON. .... ... ....-....., ITIOUIt ITEM DESCRIPTION MAT1\I ITEM' COUN1Y OTHER FND COST DEPT FROM SERIAL NUMBER TRANS TO DEPT FND COST .uSET .. CTR CTR Traflle Counter 636 101 163830 1'IIf'IIc0na TI'8fIIc Counter 637 101 183630 Trafllc 011& Tl'1IIIIe CountB - 101 1B38301T1'IIf'IIc0œ TrafIIc Counter 839 101 183630_ 0øI Traflie Counter Ø<IO 101 183630T , Dos TrafIIc Counter 8<41 101 183630 TraIftc ODs Trallle Counter 842 101 183630 Traflie 0111 TrafIIc Counter 843 101 1636311 Tl'1IIIIe 0l1li Cell Phones Box of 844 101 163630 Traflie 01>10 ISðMkerI 2 Hta 845 101 185410 Com Animal II4ð 647 848 849 850 851 852 853 ,-- 854 IIS5 858 857 888 859 880 861 862 863 864 865 886 867 868 889 870 871 872 873 874 875 ~._".,~-"-,,,""., . . Agenda Ite'" 16E5 Mar't;~, 2005 Page 13 of 26 IIIIc:eu.ANE0U8 ELECTRONIC 700..,,, 111!1111 I1ÐI DESCRIPTION MATtI 11ÐI' COUNTY OT1iER FND COST DEPT FROM SERIAL. NUIIBER TRANS TO DEPT FND COST ....1I!l1"T . .&IUIJ'T . r.n:I r.n:I Scanner 700 Tax Collector Scanner 701 Tax Collector SC8Mer 702 Tax CoItecIDr Scanner 703 Tax Collector SCIInnar 704 Tax Collector SCIInner 705 Tax Collector SCIInner 706 Tax Collec:tor gEaubnent 707 Tax Collec:tor Eauiamltnt 708 Tax CaIIIIctor VCR 709 Tax CoIIIIctar P&R 156381 Paa- Machine PIIn8V EIaweI 710 981011 Tax CoIIecIor Adtren 711 20011346 32211 MIS Adtren 712 2OO1092t! 32211 MIS AdIren 713 32211 MIS AIftnIn 714 2001134 32211 MIS AdInm 715 200113481 32211 MIS AIftnIn 716 200113!i(] 32211 MIS AdtnIn 717 2001134 32211 MIS AIr ClRner 718 32211 MIS 0nv1i-Cf8Y8 Oven 719 001 15581 Health 720 001 15681 Haalth TV 721 910691 001 15581 H..~h 408 233352 Overhead Pl'DÒIdDr 722 001 15581 H.alth TranaabI< 723 001 15581 HuIth TranacrbIr 724 001 15581 Health ~ PnMctar 725 101 ifiRaed Malnt P&R 156381 ~ Pra6ecIar 726 101 1 Raed Malnt P&R 156381 Power PraIiactar 727 101 18 Raad Malnt P&R 156381 Pawar Pro1actar 728 101 1631W01Raad Malnt P&R 156381 Paør Protactor 729 101 183i Road Malnt P&R 156381 Pawar Protector 730 101 183 Road Mainl P&R 156381 Power Protector 731 101 16364 Raad Mainl P&R 156381 Pawar Suoalv 732 408 253221 Wa1ar N Plant Turbldlrnetllr 733 93011 408 253221 Wa"r N Plant Ethernet CamDuler EaU/DlT1ent 734 8916591 32211 MIS Elhllmet CO/nDU18r EauiDmant 735 891446 32211 MIS . . Agenda Ite"- 16E5 Mar~~ 2005 Page 14 of 26 ^- MISCELLANEOUS ELECTRONIC 700·7. ITllIIA ITEM DESCRIPTION MA ,.. ITEM' COUNTY OTHER FND COST DEPT FROM SERIAL NUMBER TRANS TO DEPT FHD COST "U¡::T" &AIIFT" CTR ....... lSc8nner, Rovel 736 920704 40ð 2333131We1t1lwBtllr 737 738 739 740 741 742 743 744 745 48 747 748 749 750 751 752 763 - 754 7S5 756 757 758 759 780 781 782 783 84 786 788 787 1788 789 770 771 772 773 774 775 .,,-.... . . Agenda Ite....16E5 Mar~~ 2005 Page 15 of 26 FIL II" r.ABltETS IIIßII.III ITEM DESCRIPTION MAD ITEM' COUNTY O'T11ER FND COST DEPT FROM SERIAL NUMBER TRANS TO DEPT FND ~T AR.ET II ....~. ..- 2 Drawer file Wooden 800 IT 3 Drawer File Wooden 801 IT EMS K8rdex Files 802 001 155810 Hulth K8rdu Flies 803 001 155810 Health 4 DI'IIW8I' RIe L""BI 8().4 001 121710 PurchalM Waatewater Lab 4 Drawer RIe Cabinet 805 001 15541 Domestic Animal 4 Drawer Ale Cabinet 808 001 155410 Domeltic Animal 4 Drawer File Cabinet 807 82391 001 155410 Domestic Animal 4 Drawer File Cabinet 808 001 155410 Domestic Animal 4 Drawer File Cabinet eoe 001 155410 DomIl8llc Animal 4 Drawer File Cabmet 810 185' 001 155410 DomIl8llc Animal CDES-Admln 5 Drawer Card File 811 001 155410 Domestic Animal 5 Drawer Card File 812 001 15541 Domastic Animal 2 Drawer file, 2 Drawer Card File 813 9002 001 155410 Domestic Animal 2 Drawer File 814 001 155410 Domestic AnIm81 2 Drawar Card File 815 001 155410 Domastic Animal 2 Drawer File Wooden 818 101 18 Traf'IIc ODS 817 101 18 TraI!Ic Onot 818 819 820 821 822 823 824 825 828 827 828 829 830 831 832 833 834 835 . . Agenda Ite~ 16E5 March , 2005 Page 16 of 26 MATt ITEM' DEPT FROM SERIAL NUMBER TRANS TO DEPT FND COST TR øoo MIS 901 IS 902 MIS 903 32211 MIS 904 32211 1.11 905 910390 322110 MIS 908 I EMS 907 T 808 IT 908 IT 910 87521 IT RoIId Main! 911 IT Rold Main! 912 Em M ml 913 T.... Ad MaIn! 914 TfllIII WIler Dill 408 2 3212 915 T rtatIon 918 rtatJon Wiler 917 1'11111 on EMS 918 TI'II18 rtatJon EMS 919 TI'II18 Rd Malnt 920 fIII1S dMIint 921 TfIIt1I Rd Mlin! 922 Tfllna Ad Mllnl 923 001 155410 DAS 94 871971 LIb 925 lib 928 101 183812 TI'IInI rta1Jon 927 101 18381 fIIl1I rtation 928 101 183812 TI'II n 929 101 183812 TI'II rtatJon P&R 930 101 1 12Tl'llna n P&R 931 101 18383 ramc: 932 101 183812 Trani rtltlon 933 101 183830 ra c: 934 101 183612 ran. nation 935 101 163812 rani rtation F ITEM DESCRIPTION Tlble ?nnlar Rack Pnnlar Rack Desk Wooden SteelC8M o..k SteelC8M Desk Wooden Desk Wooden Delk Wooden Desk Wooden Chew 0IIIce Blue ChIlirSkIe Bookshelf BI8c:k MellI T8bIII Wooden Wooden Shelf Wooden Desk Wooden Chllr Side Mluve Chait Side Mlwe '1Idenze Wooden 8k Wooden i .. DeIIk Wooden .;'.:~"..',~,~ '!II' 'II' íi(~~'i;: 1íl ·~W ~~ ~"~-::::'~ ~j ~:--,.;; ..~¡ ,~:~~:: ~ J'i/--",1Ii Klj~",: _.1 ":'!l~...~..·>';·,·~l.;" _\r¥f'.~,~" ~'1- 'It ~._ --, . . Agenda Ite~ 16E5 Marc , 2005 Page 17 of 26 OfIIce Furniture TtiiiiL ??? I ITEM oe8CRIPT1ON MATI ITEM . ~:~ OTHER FND COST DEPT FROM SERIAL NUMBER TRANS TO DEPT FND COST CTA r.n> De8k 936 861000-A 408 210155 PUEO Deak 937 408 210111 PU 0... Desk 938 408 210155 PUED Desk 938 408 210155 PUED Wsslew8ter Desk 940 408 210155 PUED Desk 941 881823 408 210155 PUED Desk 942 408 210155 PUED Desk 943 861818 408 210155 PUED Desk 944 408 210155 PUEO DIIIIk 945 408 2101S1; PUEO DIIIIk 945 408 210155 PUED Slnllll End Table 947 408 210155 PUED DnIft/iOTabIe 948 408 2101 PUED Desk 949 88178 101 1636 Tra/IIC Desk 950 101 1636 Tra/IIC Desk 951 101 1636 TrM!Ic TabloL Wood 952 101 18311 TrøfIIc Table 953 408 210155 PUED Desk Wooden 954 101 183830 TI'IIffIc QniI Desk 955 101 163630 Tralllc OPa ChaIr Tall Green 958 101 163630 Tralllc Ona De8k Wooden 957 101 183830 TraIIIc r¡¡;a De8k Wooden 958 891104 101 163630 Trslllc Ö"" . Table Round 959 001 100510 Co. Altomev Chair Side Llaht Blue 980 001 100510Co.~ Chair SIdeTinht Blue 961 001 100510 Co. A -= 962 001 100510Co.~ ,'M'''· 963 001 100510 Co. A ~'ç, 964 001 100510 Co. A DIIIIk Steelc:øse 965 001 10051 Co. Alto""'" ~.. ~'T~~'~,~,t-Y-;.";!,I<;:; 968 001 100510 Co. Attomev i;.~'";i~· 967 001 100510 Co. A!tome e. . Steelcue ,.6·'_!III'ID....~."'..i:~~ 968 001 100510Co.~ 969 87401 001 10051 Co. tIIIfiE....· ,·,,,i . .... 970 8729 001 10051 Co. <..~..... .,,,, 971 001 10051 Co. Abom .' ~.'-' .,... ".i... 972 001 10051 Co. Altome Shelves Metal 973 101 1836091Trana Admin !Shelves Metal 974 101 183809 Trans Admin IShelves Metal 975 101 183809 Trans Admin . . Agenda IterrA 16E5 Mar~_ 2005 Page 18 of 26 ~ F.....Ih... 1-111 ITEM DESCRIPTION MA ,.. ITEM ill COUN1Y OTHeR FHD ¡-- IERIAL NUMBER TRANI TO DEPT FND COlT AARET II .---- ~T" She1ve8 Metal 978 101 1 TI'IIIIII Admin SheIvn Melli 977 101 1 TI'IIIIII Admin She/_ Metal 978 101 1 TI'III11 Admin She/ves Melli 979 101 183609 Tl'lln. Admin 980 981 9B2 983 984 98ð Pile of Olr! 9B6 Chllr Blue 987 001 12171 Pun:hl.'na 9B8 989 990 9111 1l1li2 9113 94 9115 99B 997 I 19118 999 ATTACHMENT "A-2" Agenda Item No. 16E5 March 22, 2005 FLEET MANAGEMENT DEPARTMENT Page 19 of 26 VEHICLE & EQUIPMENT AUCTION LIST April 9, 2005 VEHICLES APPROX. COST ASSET , VEHICLE DESCRIPTION VEHICLE ID NUMBER I1ILE..I MILEAGE DEPARTMENT EWm kElfiER 1·Ton Trucks & Above 910039 1990 Ford F900 Boom Truck 1FDYL90A9LVA01514 61085930 33,500 Water 408 253212 930006 1993 Int. 4600 Crew Cab Flat Bed Dump 1 HTSAZPM3PH502485 64314237 91,300 Road Malnt. 101 163620 930007 1993 In!. 4600 Crew Cab Flat Bed Dump 1 HTSAZPM1 PH502484 64314238 85,800 Road Main!. 101 163620 940001 1993 Int. 2674 16-Yard Dump Truck 1 HTGLBBT6RH563404 6613425 232,400 Road Malnt. 101 163620 940007 1994 In!. 2874 16-Yard Dump Truck 1 HTGLAHT9R4601709 66351481 231,000 Road Main!. 101 163620 940008 1994lnt. 267416-Yard Dump Truck 1 HTGLAHT5R460171 0 66351482 207,800 Road Maint. 101 163620 940059 19941nt. 4700 Crew Cab Flat Bed Dump 1 HTSCABM8SH641989 67142897 116,800 Road Malnt. 101 163620 940063 1994 Ford F700 Aerial Platform Truck 1 FDNF7OJ5SVA 18436 67322547 89,700 Traffic Operations 101 163630 960054 1996 Ford L8000 Aquatec Jet Vac 1 FDZW82E7TV A26269 70643324 Road Malnt. 101 163620 960120 1997 In!. 4900 Water Truck 1 HTSHAAR3VH445171 71403327 79,600 Road Malnt. 101 163620 970016 1997 Ford F350 w/utlllty body & crane 1FDJX35G9VEAB1870 72268249 85,900 Wastewater 408 233351 980040 1998 GMC 3500 Sierra wlutlllty body/crane 1 GTHC39J7WF032778 75103204 93,500 Wastewater 408 233351 990057 1999 Ford F350 w/uUlity body & crane 1 FDWX36S5XED054 71 76823514 103,000 Wastewater 408 233351 990066 1999 Ford F350 Craw Cab Pickup 1 FTWW32SXXED83807 77148038 114,600 Parks & Rec. 001 156363 20030945(020099) 1998 Chevrolet C3500 Crew Cab Pickup 1 GCHC33R6WF048274 73929254 108.100 Road Main!. 101 163624 3/4-TD" Trucks 990014 1999 Ford F250 Super Cab 4X4 1 FTPX28WXXNA74277 76581503 114600 Traffic Operations 101 163630 1/2.To" Pickup Trucks 940032 1994 Ford F150 Pickup 1 FTEF15N4RNB17160 66792873 84000 Reet Mgmt. 521 122410 940034 1995 Ford F150 Pickup 1FTEF15N8RNB17159 66792875 84500 Fleet Mgmt. 521 122410 960106 1996 Ford F150 Pickup 1FTEF15Y3TLB62409 70643824 83300 Water 408 253212 970027 1997 Ford F150 Pickup 4X4 1FTDF1823VNC07195 72411717 103900 Road Malnt. 101 163620 970028 1997 Ford F150 Super Cab Pickup 1 FTDX1724VNC19564 72411713 78400 Wastewater 408 233313 970065 1997 Ford F150 Pickup 1FTDF1722VND40189 7339621 106200 Health Dept. 001 155810 980010 1998 Ford F150 Pickup 1 FTZF1722WNA90122 95000 Wastewater 408 233313 20030946 (020100) Dodge 1500 Pickup 1B7HC16X6XS244030 79077578 92500 Road Maint. 101 183624 Page 1 of 5 Agenda Item No. 16E5 March 22. 2005 FLEET MANAGEMENT DEPARTMENT Page 20 of 26 VEHICLE & EQUIPMENT AUCTION LIST April 9, 2005 CornpllCt PI~p Trucks 940043 1994 Ford Ranger Super Cab 1FTCR14U2RTA58032 66793050 75500 Code Enforcement 111 138911 940044 1994 Ford Ranger Super Cab 1FTCR14UORTA58031 66793052 76500 Contr.Licenses 113 138912 950004 1995 Chevrolet S-10 Extended Cab 1GCCS19Z5S8165724 68153454 88000 Fleet Mgm!. 521 122410 960020 1996 Ford Ranger Super Cab 4X4 1 FTRC15UXTPA56480 70283908 88000 Code Enforcement 111 138911 960021 1 Q96 Ford Ranger Super Cab 4X4 1FTRC15U1TPA56478 70283909 98000 Code Enforcement 111 138911 960109 1996 Ford Ranger Super Cab 1 FTCR10U3TUC8451 0 70800368 83500 Water 408 253212 970014 1997 Ford Ranger Super Cab 4X4 1 FTCR15U9VTA27482 72268248 94500 Code Enforcement 111 138911 970017 1997 Ford Ranger Super Cab 4X4 1FTCR15UOVTA27483 72268874 81700 Code Enforcement 111 138911 970044 1997 Ford Ranger Super Cab 4X4 1 FTCR15U3VPA78422 72787047 89000 Code Enforcement 111 138911 960028 1996 Ford Ranger Super Cab 4X4 1FTZR15U8WTA15142 74688790 89500 Code Enforcement 111 138911 980031 1996 Ford Ranger Super Ceb 1FTYR14U1WTA29073 74689089 85000 Utility Billing 408 210151 990025 1999 Ford Ranger Super Cab 4X4 1FTZR15V2XPA65019 76709956 105100 Wastewater 408 210130 990027 1999 Ford Ranger Super Cab 1FTYR14V5XPA69370 76709948 92500 Bldg. Review 113 138915 990028 1999 Ford Ranger Super Cab 1FTYR14V9XPA69372 76709946 98000 Bldg. Review 113 138915 990043 1999 Ford Ranger Super Cab 4X4 1FTZR15VXXPA65026 76823508 88500 Wastewater 408 210130 "- 990047 1999 Ford Ranger Super Cab 1FTYR14V5XPA64234 76710825 93500 Bldg. Review 113 138915 990048 1999 Ford Ranger Super Cab 1 FTYR14V7XPA79371 76710824 108000 Bldg. Review 113 138915 990050 1999 Ford Ranger Super Cab 4X4 1FTZR15V3XPA65014 76710822 82500 Engineering Sves. 138917 990051 1999 Ford Ranger Super Cab 4X4 1 FTZR15V5XPA65015 76710821 114500 Engineering Sves. 138917 990052 1999 Ford Ranger Super Cab 4X4 1 FTZR15V9XPA65017 76710820 112000 Parks & Ree. 001 156363 990053 1999 Ford Ranger Super Cab 4X4 1FTZR15V9XPA65020 76710819 96500 Parks & Ree. 001 156363 20000005 2000 Ford Ranger Super Cab 1FTYR14V7YTA35357 80150120 85000 Bldg. Review 113 138915 20000013 2000 Ford Ranger Super Cab 4X4 1 FTZR15VOYT A35350 80150715 102000 Parks & Ree. 001 156363 20000014 2000 Ford Ranger Super Cab 4X4 1FTZR15V4YTA35352 80150979 93000 Code Enforcement 111 138911 20000023 2000 Ford Ranger Super Cab 4X4 1FTZR15V4YTA40745 80151508 109300 Parks & Ree. 001 156363 20000031 2000 Ford Ranger Super Cab 1 FTYR14V6YTA3903O 80209512 69500 Bldg. Review 113 138915 20000034 2000 Ford Ranger Super Cab 4X4 1FTZR15VXYTA45229 80306776 104300 Wastewater 408 210130 20000040 2000 Ford Ranger Super Cab 4X4 1FTZR15V4YTA45296 80336956 119500 Wastewater 408 210130 I1ßla 940027 1994 Jeep Cherokee 1J4FT28S3RL219606 66792278 76500 Trans. Eng. 312 163615 960008 1996 Jeep Cherokee 4X4 1J4FJ28S5TL149901 87500 Emergency Mgmt 001 144210 960046 1996 Jeep Cherokee 4X4 1J4FJ28S7Tl201285 70643222 60369 Environmental Sve 178984 960048 1996 Jeep Cherokee 1J4FT28S0TL201686 70643221 80000 Bldg. Review 113 138915 Page 2 of 5 -- Agenda Item No. 16E5 March 22, 2005 FLEET MANAGEMENT DEPARTMENT Page 21 of 26 VEHICLE & EQUIPMENT AUCTION LIST April 9, 2005 960051 1996 Jeep Cherokee 4X4 1J4FJ28S9TL201288 70643233 72300 Parks & Rec, 001 156363 960052 1996 Jeep Cherokee 1 J4FT28S4TL201888 70843234 75500 Bldg. Revie'N 113 136915 970001 1997 Jeep Cherokee 1 J4FT28S5TL 168779 71757021 42842 Parks & Rec. 111 156310 970042 1997 Chevrolet Blazer 4X4 1 GNCT18W1VK183188 7265031 97456 Code Enforcement 111 136911 980035 1998 GMC Jimmy 1GKCS13W8WK510014 74832998 71753 Facilities Mgm!. 001 122240 980045 1998 Chevrolet Blazer 4X4 1GNDT13WXWK201892 75103626 60,300 Natural Resources 111 178980 990073 1999 Chevrolet Tahoe 2 Dr. 4X4 3GNEK18R8XG222047 65000 Tourist Deve!. 195 110407 Van. & Bu... 900006 1990 GMC Aeromastar 1 GDKP32KOL3500081 75000 Wastewater 408 233351 960005 1996 Chevrolet G20 Cargo Van 1 GCEG25Z0SF238460 74800 Facilities Mgm!. 001 122240 960007 1996 Chevrolet G20 Cargo Van 1 GCEG25Z1 SF236340 75100 Facilities Mgm!. 001 122240 960025 1996 Ford E250 Cargo Van 1FTFE24Y5THA56268 70283912 53700 Facilities Mgm!. 001 122240 960027 1996 Ford E250 Cargo Van 1 FTFE24Y3THA56270 70283915 74900 Facilities Mgm!. 001 122240 960112 1996 Chevrolet Astrovan 1 GNDM19W9T8167847 70948035 84000 Marco Airport 495 192370 970010 1997 Ford E250 Cargo Van 1FTFE2422VHA75181 72268875 84500 Facilities Mgm!. 001 122240 980012 1998 Ford E250 Cargo Van 1FTPE2429~503 57800 Facilities Mgm!. 001 122240 980023 1998 Ford E250 Cargo Van 1 FTPE2422WHA78474 74688797 91200 Facilities Mgm!. 001 122240 990091 1996 Ford StarTrans mini-bus 1FDLE40F3THB62054 70862525 199400 Trans. Dlsadvan. 109 136330 990092 1996 Ford StarTrans mini-bus 1 FDLE4OF5THB62055 70862617 179100 Trans. Dlsadvan. 109 138330 20000017 1986 Dodge 8250 Passenger Van 2B4HB25Y1KK315361 80167848 87000 Immokatee Airport 495 192330 20000053 2000 Ford E250 Cargo Van w/cages 1 FTNS24L3YHA49089 80556193 95300 Com. Animal SVC8 001 155410 20000055 2000 Ford E250 Cargo Van w/cages 1 FTNS24L 1YHA49091 80602890 92000 Dam. Animal Svcs 001 155410 hdana 970032 1997 Chevrolet Cavalier 1 G1 JC5246V7222476 72529098 50700 Facilities Mgm!. 001 122240 970033 1997 Chevrolet Cavalier 1 G 1 JC5249V7224349 72529097 72000 Public Services 001 155110 970034 1998 Chevrolet Cavalier 1 G1 JC524XV7223209 72529096 63000 Health Dep!. 001 155810 97oo61 1997 Chevrolet Lumina 2G1WL52M8V9305878 73261416 53000 Facilities Mgm!. 001 122240 990059 1999 Taurus SE 1FAFP53U1XA202065 76823512 92000 Fleet Mgm!. 521 122410 Page 3 of 5 Agenda Item Nò. 16E5 March 22, 2005 FLEET MANAGEMENT DEPARTMENT Page 22 of 26 VEHICLE & EQUIPMENT AUCTION LIST April 9, 2005 EQUIPMENT Mlacellan_ua 6840 & 6641 1979 14-ft. Airboat & Trailer XBD0070097914 Road Malnl 101 163628 85831 1985 Honda TRX250 A TV 2026 Parka & Rec. 111 156334 871735 1987 Ingersoll Rand SP56DD Vlb. Roller 7806 Road Main!. 101 163620 881088 1988 Ram-E-Jec Sludge Trailer REJ3227 47135145 Wastewater 408 233312 891843 1989 Club Car Golf Cart AG9007199356 Parks & Rec. 111 156332 900084 Horse Trailer 1E9BS1620l1054236 Dom. Animal Sves 001 165410 940087 1994 Kawesakl Bayou 220 A TV JKBlFBA17RB568820 Environ. Services 001 178985 940090 1994 Ingersoll Rand SD100D Vlb. Roller 30272SFD Road Main!., 101 163620 940509 1994 Kubota F-24oo Tractor Pelican Bay 109 182901 940576 1994 16-ft. Airboat PAPOOO35E494 Road Malnt. 101 163628 940577 1994 Boat Trailer for 940576 4DJA165TF45A001829 83103652 Road Malnt. 101 163628 950446 1995 Kawasaki Bayou 220 ATV JKBlFBA15SB591731 Environ. Services 001 178985 960063 1996 Alamo HY15 Mower Deck Road Malnt. 101 163620 960064 1996 Alamo HY15 Mower Deck Road Malnt. 101 163620 961216 1996 Kawasaki 2510 Mule Pelican Bay 109 182602 960756 1996 Kawasaki Bayou 220 A TV JKBLFBA13TB705873 Environ. SelVices 001 178985 970103 1997 Kaiser Ail-Terrain Excavator X4M212152797 Road Malnt. 101 163628 970126 1997 Ford 7840L4 4X4 Tractor 041755B BeaehlPass Maint 195 116361 970539 1997 Liftmore L22A Crane attch. to 970016 J352W28 Wastewatar 408 233351 980094 1996 EZ GO Wor1d1orse A58917 Parka & Rec. 111 156332 980107 1998 Exprass 20' Enclosed Trailer 1 E9ES2026WC1 03474 75998372 Parks & Rec. 001 156363 960390 1998Yamaha Moo172A ATV 4BD336789 Parks & Rec. 001 156363 980536E 1998 Llftmore L22 Crane attch. to 980040 K111 Wastewater 408 233351 990114 1999 EZ GO Workhorse 1161081 Parks & Rec. 111 156332 990147 1999 Ford New Holland Tractor Pelican Bay 109 182901 990159 1999 EZ GO Workhorse 1171261 Parks & Rec. 111 156332 990174 1999 Yamaha Model YFM25XMGR ATV 5Y4AG01W5YA028215 Parks & Rac. 001 156363 990509 1999 Llftmore L22 Crane attch. to 990057 M417W28 Wastewater 406 233351 20000120 2000 Paca American 20' Enclosed Trailer 4FPAB2022YG047433 60840297 Parka & Rec. 001 156363 20010160 2001 EZ GO Workhorse 1171263 Parks & Rae. 111 158332 20010638 2001 Grapple attached to 990147 Pelican Bay 109 182901 20010639 2001 Wood loader attached to 990147 Pelican Bay 109 182901 Page 4 of 5 Agenda Item No. 16E5 March 22. 2005 FLEET MANAGEMENT DEPARTMENT Page 23 of 26 VEHICLE & EQUIPMENT AUCTION UST Aprll9,2005 20010641 2001 Backhoe attached to 990147 Pelican Bay 109 182901 20010640 2001 Grapple attached to 990147 Pelican Bay 109 182901 20030951 (020130) 1994 Vermeer 125 Brush Chipper 1VRC14131 R10046225 65699067 Road Main!. 101 163624 20042022 Inflatable Boat with Inboard motor not running Isles of Capri FD 144 144360 20042023 Boat Trailer for 20042022 181e8 of Capri FD 144 144360 none Amerk:iln Coleman aircraft tug Immok. Airport 495 192330 none Baggage Cart Immok. Airport 495 192330 none 1985 Chrysler sedan Immok. Airport 495 192330 none AuioCrane Fleet Mgmt. 521 122410 none Spara Parts Fleet Mgmt. 521 122410 LandaCIIDlnv 890166 Athens Model 55 Disk Harrow Wastewater 408 233312 89182O 1989 L88CO 3-gang pull-behind reel mower Parks & Rae. 111 156334 910100 1991 John Deere FBR1200 Field Rake E01200G906544 Parks & Rae. 111 156332 920125 1992 John Deere F725 RIding Mower M054FMX012077 Wastewater 408 233351 920527 1991 John Deere LX186 Riding Mower MOL 186X014098 Westewater 408 233351 960078 1996 Jacobsen T423D Riding Mower 6613601836 Perks & Ree. 111 156332 960081 1996 Jacobsen T423D Riding Mower 6613601845 Parks & Rae. 111 156332 960083 1996 Jacobsen T423D Riding Mower 6613207485 Parks & Rae. 111 156332 960085 1996 Jacobsen T423D RIding Mower 6613601882 Parks & Ree. 111 156332 960089 1996 Jacobsen T423D Riding Mower 6613601830 Parks & Rae. 111 156332 970138 1997 Sand Star 27000B Ball Field Machine 30511 Parks & Rae. 111 156332 980097 1998 Hustler 40" Riding Mower 8015739 Parks & Rae. 111 156332 980104 1998 John Deere Z Trak 48" Riding Mower TCF620X011880 Parks & Rae. 111 156332 981010 1998 Scott Riding Lawn Mower S00574873030050567X8 Solid Waste 470 173441 990111 1999 National Riding Reel Mower 1568 Parks & Rae. 111 156332 990135 1998 Smithco Ball Field Machine 30651 Parks & Rae. 111 156332 990149 1999 John Deere Z Trak 48" Riding Mowar TCF620X014631 Parks & Rae. 111 156332 20000141 2000 Toro 74204 52" Riding Mower 992016 Parks & Ree. 111 156334 20010137 2001 Turfco F12D Ballfield Machine 6006925 Parks & Ree. 111 156334 20010741 2001 Scott BG10230 Riding Mower M017 425051788 Solid Waste 470 173442 none 1oo-g8l10n sprayer Parks & Ree. 111 156332 94F77 Sano 24" Push Mower Road Malnt. 101 163620 95F211 1995 John Deere 21" Push Mower GX14SB058399 Parks & Rae. 111 156332 98F379 1998 Stlhl BR400 Backpack Blower 39882366 Parks & Rae. 001 156363 Page 5 of 5 J . . - .. -...... --. , '1:1'" .~- . .-. Marc,b 22, 2005 Pa!1~ 0'26 82/2S/20BS 14:38 1 ATTACHMENT "B" :J ... :z:¡ - c 5' ReR~ OcJ-- Jtu£A~/AdU f. (!DP5 ;C¡ve.. PO&.. 1lç¡~ C!.hoJ<olosku; FL.. 34}ð~ ßh?/I)I~/~)J~ &¡tf#ca.) 1?e.~ tJu-f wculJ hif"¿ 9"ø ~J< +he... (U,A')-'?I.'5éSlOI'JUl.S 10 a.ffAOV€. ~(. dð/J,q.~Ç,µ (/ F 7 fM)£s/ 7 (!hl*i,es, and ()11~ fdE.- c.A-107f\J¿.,+- b~ ~L ~~. . r :c.+ i~ m~ Ll..(jJLRs+-w-Ndi~ +hø:f +hU6. O-Æ£ ~',v D US;S 6Lnd w'"' aAt1 C!~+ð..;I1!;J 1t.Ai- ih0? ~ ~ . u...:st... ¡/oJ ðl.A..R CA;)o~K tV I #1. ~ ¡;-1I~/FJt:k.s Ct:>h7mK/J/~. . PJ.~M£- te..-t_ (Y\i~~I.p or< "R~ (1)~~)lo.J€ft (,;73i)~/i.f-'08 "'I1Þ~ I r -th~ 1'$ ~ ~fh~ o.éIiþ/f '7E.tOfC; ~ 1š~ ad . -¡¡(;; ¡J r.. j:f" r.;. , C¥.1~~ ~S' Ijmmut.ff\PrN \,~3~ IliS'" 4-4"'8 r' "'--""-'-"'^ B2/25/2Be5 14:38 1 Þ\Y~I1Uèl 1lt¡111 r..u. IOE::;:) M~22 ~005 ~áQë 2~ of 26 ATl'ACHMENT "C"· INTJ!JU(AI, REVBHtJB SBRVICB P. O. BOX ..508 CINCIN1Q.T1:, OB 45201 tJBPARTDNT OP '1'B'I TR&AStJRY Date; OCT 0 1. BmPloy~ Ic!entificatioc Humber: 59-3"71621 DLN'; 203225156 Contact PerlllOn; laMBERLY L JCITCRJDlS ID' 31"57 Contact Telephaae :Number: (877) 82'-5$00 Accounting Period Bn4ing I :DecewøÞer 31 Pbundation Status C1asaif!cationl 509(a) (1) Advance Ruling Period Begins: April 15. .:1003 Advance RuU,ag Period BD48: December 31. 2007 Ad.denà.um AppUaa I Yell RBACH-OUT JrV1IJf.ÇI.ADQ It COPS ASSOC c/o CHRIS ~ PO BOX 894 CBO~. PI.. 34138 Dear Applicant: Based on information you lIupplied, and allllumiDg your operations will be &II stated in your application for recognition of exemption. we have d.te~ned you are ClXn¡)t t:r:ol'l federal incame tax \lUder .ection 501 (a.) of the Internal Revenue Code a. an organization 4a.cr1bed in section 501 (c) (3) , Becauee you are a newly created organization. we are act now making a final determination ot your foundatioo .tatua under section 509(s) of tb.e Code. However. we bave d8terndud thaI: you can re&Øoa2&bly expect to Þe a publicly supported organic.cion described in .ecdon.~ 1;09 (~) (I) en4 170 (b. (1) (A) (vH. Accordingly. during an adv~_ J:Uling period you rill be treate4 .. .. publicly supported orc¡arol..... .on. aDd not 11.11 . private found.ation. Thill advance ruling period beg~ 118 and eads on the cSate. .howa. abova, If:Lth:Ln '0 dayw after the end of your advance rul.i~ period. you 'IIIUllt 1Iend. us the :l.nto:t'IIIAtion needed to detexmine whether you. have met t]¡ø reqùi:e- me:Dtø of the applicable øuppørc Cellt åu:r:ing the a4vanae ruling period. If you e.~ablish that you have Þeen a publicly supported orsaaization, we will el...i- fy ;you .. a section 509 (a) (1.) or 509 (a) (2) organh.cion .. long .. yo,", continue to meet Che requirements ot tÞ.e applicable suppor:t test. If yeN do not meet tM public 8'Upport requirements c!\1:ring the' ac1vance :nùing period. we will c:l...ity you .. . private fO\m4ation for futm:e period.ll. Also, if we claøll:l.fY you .. .. private foundation, we rill tr.al: you.. a private foundation f~m your beginning date for purpo"lI of ..~ion 507 (d) and. 4940. Qrantore and contributor. U\&y rely 011 our det.~nation that you ua not a private foundation until 90 daya after the eIJ4 ot' your advance ruling period. It' you .end UIJ the required info%tllat:ion within the SlO day., grantor. and. contributors may continue to rely on the .dvance determination until we make Letter 1045 (DO/CO) ~ --...----- Agenda Item No. 16E5 March 22, 2005 Page 26 of 26 ATTACHMENT"D" Swplus property requested for donation to: Reachout Everglades and COPS Association, Inc. Seven (7) desks Seven (7) chairs One (1) two drawer file cabinet /....-..... ,................,- Agenda Item No. 16E6 March 22, 2005 Page 1 of 3 - Executive Summarv Recommendation to approve the award of Bid #No. 05-3764 for the repair, parts and service of air conditioning equipment to United Mechanical, Inc. as primary and Hill York Service Corp. as ieCOIldary. OBJECTIVE: To award a Contract for HV AC Contractor for the purchase, repair, maintenance and installation of air-conditioning equipment CONSIDERATIONS: The Department of Facilities Management is responsible for the maintenance, repair and replacement of all County-owned air conditioning equipment. The Department out sources major air conditioning (HVAC) equipment repairs and many of its capital equipment replacement projects to private contractors. --- On December 17, 2004, the Purchasing Department solicited bids to contract the purchase, repair, maintenance and installation of HV AC equipment. The selection of vendors was based on a pricing fonnula, taking into account cost of installation labor hours for specific categories. Those categories ìncluded: cost per hour for Foreman, Journeyman, Helper/Apprentice and general laborer. In addition, consideration was given for emergency response time, on-call. non- emergency response time and markup OVé1" actuaIcost for materials. A total of four bidders responded and the two (2) lowest, qualified, and responsive bidders are recommended as per the published award formula in the bid document and response times for emergencies (see the attached tabulation sheet). Staff is recommending award to United Mechanical, Inc. as primary provider and Hill York Service Corp. as secondary provider for air conditioning repair and maintenance contractors to handle the many calls for service including preventative maintenance and capital replacements. Hill York Service Corp. is being recommended as-wen as United Mechanical, Inc. based on their response time(s) for on-call work and their experience with current contracts of similar work with Sarasota and Charlotte Counties. United Mechanical is currently under contract with Collié1" County for Mechanical Contractor Services. This award best suits the building maintenance section for services required ensuring appropriate resources and response times to maintain county facilities, as wen as maintaining competitive pricìng for those services. FISCAL IMPACT: Air-conditioning repair, maintenance and. capital expenses average $1,450,000 annually, based on approved building maintenance and capital budgets. Funds are budgeted in various Department cost centers. GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners award Bid #No, OS-3764 to UnitedMechanica~ Inc" as primary and Hill York Service Corporation, as secondary vendors for the purchase, repair, maintenance and installation of HV AC equipment PREPARED BY: Daniel R. Rodriguez, M.B.A., Facilities Manager Department of Facilities Management - "_.~,----,.,...",._,,-,,-~~. Agenda Item No. 16E6 March 22, 2005 Page2of3 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E6 Recommendation to approve the award of Bid #No. 05-3764 for the repair, parts and service of air conditioning equipment to Hill York Service Corp. and United Mechanical, Inc. 3/22/2005 9:00:00 AM Meeting Date Approved By Scott Johnson Purchasing Ag&nt Date Administrative S&rvices Purchasing 3/7/2006 11 :00 AM Approved By Daniel R. Rodriguez, M.B.A. Facilities Manager Date Administrative S&rvlces Facilities Management 3/8/2006 8:45 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Adlnlnistrative Services Facilities Management 3/8/20059:14 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/9/2006 1 :40 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3/11/20068:46 AM Approved By OMB Coordinator Admin Istrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20069:30 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/11/2005 9:46 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 3/11/2006 2:56 PM Commissioners _. BiD 05-3764 HV"C CøWoctCl' 0418 Posllld: 12101104 PlnjeCI Mgr: Den RodrIQ.., FKfIIl.... M8n1gemBnI , DUE~W1~ Agenda 1~:l!IIiE6 March 22, 2005 Page 3 of 3 I Tampa Bay System Advanced Air & Un~ed DUCRIPTION , Sales, Inc. d/b/a Hili York Service Corp. Relr1geration. Inc. Mechanical, Inc. SOUlhwesl Florida Trane Coal oer hour ner skilled worker for raaular b...lneu hours . Mond""U>rounh Frida. ':00 Lm, to 1:00 n.m, Foreman Cost Per Hour: $ 72.00 S 50.00 $ 120.00 S ~5.00 Jouml!'lrT1an Cos. Per Hour: $ 72.(( S ~5.00 S 120.00 S 38.00 HelDerlAoDfentice Coat Per Hour: $ 72.00 S 25.00 $ 120.00 S 26.00 General La borer Cost Per Hour: $ 72.00 S 20.00 S 12000 $ 18.00 Percenlaoa of mark-uo OYer actual cost for malarials 25% 25% 100% 15',," ResoDn.. tima for EmaI'Dencies Hours: 1 - 2 1 2 1 Resoonse Ima for on-call non-ema"",¡¡;;Vwork Hours:1 2 1 2 2 Cooy 0' Colier Counly OccuDational Weense attsched? N Y N Y References Altsched? Y Y N Y SEE BIO Prompt paymanl Torms: 1%~:ys; Nel30 1 % 15 Davs' Nat 30 Davs 10% 15 Davs' Nel 30 Da.. Da..... NiA r ~.I~ Ooenln" Purchaalnn Anent: Brenda Brilhart Wltn..." Janice Vermllllo Ntr~ page 1 of1 .......-........... ~.~ . Ag~nda Item No. 16E7 March 22, 2005 Page 1 of 55 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 January 31, 2005 through February 28, 2005. 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 .-, '-"-'-~._,. Agenda Item No. 16E7 March 22, 2005 Page 2 of 55 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E7 Report and ratify staff-approved change orders and changes to work orders to Board- approved contracts. 3/22/20059:00:00 AM Meeting Date Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/11/200510:28 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3/11/2005 12:12 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20052:14 PM Approved By Michael Smykowski Msnagement & Budget Director Date County Manager's Office Office of Management & BUdget 3/15/20059:53 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 3/15/2006 2:02 PM Commissioners FYD5 1 Agenda Item No. 16E7 March 22, 2005 Page 3 of 55 ADIIIItI'8TRA11YE CHANGE ORDER REPORT Februaty 2DOS DepIttment Ch8ft8 PrwvIou8 sec Change ContIMt· Amount Approval No. SpecllllIet PUED $161,169.06 $3,872,929.00 2 W fer LW PnlsIll1t8d to the Baeld March 2005 Item ~ No. De" %change SInce BCC Apll'OVl.' 02/08105 ..... Contnc:t Amount Vendor ........ project No. Contract No. Project "'me MKchall & Stark 72002 Q4..3646 Goodl8tlø Frank ROIId Forœ "'In & Recl8imed Wilier Main $4,041,598.06 4.36% Overview of chen.' The original deeign W88 to IX)l'llIIruct the raclúned W8I8r ferce main, uIIlzing the dlrectlon8l drill møIhad, which nvoMId feeding the pipe through the ground. AeId condition, dilcovered at the field ,lie would not enow !hI, møIhad; thInfcre, the ContrectDr . ullng the open-oJt, InInchlng method. 2 02/15105 S680.OOO.oo EnCOl1l ConstNc:tlon Compeny PUED NIA W forLW 04-38.72 Goodlend Wilier BooIter Pumping Station Upgrede 59.613.00 $699,813.00 1.42% Overview of chanae: Addltion.el work _ required due 10 en unforween VlhIe oondition on !he job ,lie th8t prompted emergency repelr end replecement of the velve. Also included In this change order era the City of Merco lelend building permltl end ~. The connct completion deta _ IIXIBndecI to April 6. 2005. 3 02/17105 2 Mitchell & Star1I Conetructlon 73C77 02-3374 NCWRF Flow Equelizatlon Feciltie8 $6,123.175.36 -0.63% ($133,887.42) $6.161,700.00 PUED LJ fer LW 4 02/24105 Overview of chenae: This deductive chenge Dtder Ie the I'88uk of e c:tedK ..ued to the County end Includ8lthe unuHd belenc:e of the c:onIingency elloweßœ, gnldlng and drainage allowenœ. and the complete removal of the lendlC8plng end ln1gaUon work Df1glnelly planned fer this project. 546.790.773.82 -2.84% Overview of ch......: KnIft Construc:tion 80602 01-3189 CM@Rilk fer North Naples Regional Perk Perks & ($1,365,814.24) 546.1~,587.se Recreation W 5 This Is e deductive change Dtder due to direct mll18rial purch8l81 by the County, which avoid, peyment of .el8l lex for c:oet ..vlngs. FYOII 2 Agenda Item No. 16E7 March 22, 2005 Page 4 of 55 Item Receipt No. Oa" 5 0~5 Vendor Ham. ProjKt No. Contract No. ProjKt NI_ BeI'8llY Schmitt Summel'l Wnver (BSSW) 54281 03-3489 Profe..lonal Archilectural & Design Sarvlcel for AddlUon 10 the Golden Gale Library Dapllltmlnt ChI'" P,.vlolI8 BCC Conlr8ct. Amount ApPI'OVllI SI8CI8I18t Fee"1Ues $16,600.00 5281,275.00 LJ ChIlll,,1 N_ %chllllll No. Contnlot Since BCC Amount AppnIVIIl $297,875.00 5.90% 0wrvI_ of cIuIna.: Thill changa ordtlr COVin the COlI of IddltJonaleervlcel requlrød to conduct I ....tJlllty llludy and dalgn COnclpt of buHdlng I repl8cement library on the dry detention eIte rather then on the exJ8t1ng Rbl1lry eIte, .. was directed by the County Manager Ind sllff. 6 02124/05 0.00% Llndlcapea of DIsUnctlon 511221 05-3737 Fumlsh &.Inllall Live OIk T_ In Pellclln Bay TI1Insporlltian $0.00 RR $51,050.00 $51,050.00 7 02/24105 Overvl_ of chinas: Thill change order extønda the conItIct to February 25, 2005, which will IlIow tha corrtrector to comple18 a competency !ell for licensing In Coller County. The contractor is prohibited to mobilize prior to the completion of this tell Thill delllY d08l not _en! el1)' burden 10 Pellc:ln Bey ServIceI. Overview of chanae: D.N. Higgins, Inc. 89088 04-3825 13th Sl SW RoadwIIy Widening Projec:t TnlnsportaUon $0.00 RR $1,880,583.00 2 $1,88O,5e3.00 0.00% At; a reeutt of plan revisions directed by the County, this chlnge order wHI e>d8nd the contract Ume to April 12, 2005. 8 02/24105 0.38% Quality Enterpril8l, Inc. 60018 04-3896 Golden GBla Intel'lllCtlon G 50th Street TranaportsUan $1,419.38 RR $397,213.00 $398,632.38 Overvl_ of chanae: This change order ill the net reeult of addlUonl and deletions to the proJllclend an extansion of Ume to March 7, 2005 to complete tha work. Due to unfore_n eIte condlllons, rock axesvallon W8I required In a pipe trench and exllllng Une striptl _ in conflict with the rww line 1Itrill on GoIdan Ge18 Parkw8y. Deducted from the work was an Inial box, during construction tt was d8lermlnad thet the exl8ting structure did not require I replacement IS prevloullly thought. . FY05 3 Agenda Item No. 16E7 March 22. 2005 Page 5 of 55 Item Receipt No. om. %change Since Bee Approdl 9 02124/05 V.ndor N..... Project No. Contm:t No. Project Name Wilson MUler 62081 00-3062 Design PørmlttJng of Santa Børblll'8lLogan Blvd D8par1m8nt Chang. Contract- Amount Sped....t Transportation $0.00 RR Prmoua BCC Approval Chanll8 No. $3,735,963.00 5 Overvl.w of chana.: ThI8 chan9a order extends the completion data to October 28, 2005 81 . rasuK of del. to conduel øddltionallntersøctJon Gaometry Røview by Independant consultants. New Contract Amount $3,735,963.00 0.00% 10 02124105 3.10% Hannula Landscaping 850413 04-3655 Livingston Road (lmmokaløe-county Une) Landscape Improvements Transportation $84,440.00 RR $907,201.90 2 $935,342.25 Overview of cI1anaa: ThI8 change order ratIøcta a donation of $84,440.00 that the BCC accepl8d on December 14,2004 from WC' Communltiea. Thla change ordar amends the contract with Hannula for the installation of donøtød plants and matør1øIa to anhence the roadway 1ø~8 projact. Agenda Item No. 16U March 22.200 Page 6 of CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: BIDlRFP #: 04-3646 Goodlette Frank Road Force main &. Reclaimed WM PROJECT#: 72002 2 MOD #: AMOUNT OF THIS CHANGE $161,169.06 PO #: 4500029486 Work Order #: NIA CONTRACT AMOUNT: ORIGINAL S 3.872.829 CURRENT $4.041.598.06 (STAA11NG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $3,872,929 (LAST TOTAL AI6T. REQUIRING BeC APPROVAL) Date of Last BeC Approval May 11,2004 Agenda Item # 16C1 Cumulative Dollar Value of Change Orders to this Contract/Work Order : Percentage of the change over/under current contract amount 4 ~-36' $168,669.06 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: February 3. 2005 CURRENT: Mav 4, 2005 SUMMARY OF PROPOSED CHANGE (S): To construct the reclaimed water main and force main via ocen- cut method Instead of directional drill method. JUSTIFICATION FOR CHANGE (S): The oriainal desian was to construct this cice via directional drill method. However, field conditions dictated that the contractor build this DIce via ocen - cut method. This chanae was not anticicated at the onset. Funds are available in the budcet to cover this chance. PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. Princical Proiect Mansaer. Mike Dickev, Johnson Enaineerina. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _>L Proposed change Is consistent with the scope.of the existing agreement _>L Proposed change is in fact an addition or deletion to the existing scope ->L Change is being implemented in a manner consistent with the existing agreement _>L The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT M;Jœ:R .~OMMENDATION: APPROVE: _~ ~ Date: »3/0J DISAPPROV : Date: COMMENTS: - d~/d~ Agenda Item No. 16E7 March 22, 200S? Page 7 of sri-- CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodland Water Booster PumDina Station UDarade Fund: 441 Cost Center: 256111 PROJECT I: 3"12.. ¡J: BIDJRFP I: 04-S&r72 MOD #: 1 AMOUNT OF THIS CHANGE $ 9.813 PO #: 4500032526 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 690.000 CURRENT $ 699.813 (STARTING POINT) (INCLUDING TtIS CHANGE ORDER) Last BCC Approved Amount $ 690,000 (LAST TOTAL ÞKr. REQUIRING ace APPROVAL) Date of Last BCC Approval BCC Date Julv 27. 2004 Agenda Item lItem 16 (C) 8 Cumulative Dollar Value of Change Orders to this ContractlWork Order: S 9.813 Percentage of the change over/under current contract amount 1.42 % 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 III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: March 7. 2005 CURRENT: Acril 6, 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. An increase in contract amount of $9.813 for: Additional Work - emergency valve repair and replacement. additional excavation during valve replacement. Citv of Marco Island buildin~ permit fees. and the supplv and installation of the fuel tank anti- siphon valve. An additional 30-day time extension JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The existing valve was uncovered during replacement of other existing valves. This valve was old and unrestrained. This valve was replaced and properly restrained. Additional excavation was required for replacement of the 16" valve, in order to access the valve and to ensure safety. Building permits were required for this project. The contractor was not aware that the pump station was in the City of Marco. During an FDEP inspection, they required installation of an anti siphon valve. Additional time is granted for delays. PARTIES CONTACTED REGARDING THE CHANGE: Greelev & Hansen. Rov Anderson. Paul Mattausch, Bill Mullin IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) L Proposed change is consistent with the scope of the existing agreement L Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change 2L Proposed prices, fees and costs set forth in the change are reasonable Revised 12/23/04 ·PRo..tECT MANAGER RECOMMENDATION: This form Is to be signed and dated. APPROVE BY: 1\..\LÙCl ~ Date: f}. -c:; -05 Project nag Date: æ #-05' REVIEWED BY' Con ,- Revised 12/23/04 Agenda Item No. 16E7 March 22, 2005 Page 8 of 55 Agenda Itém NOa6E7 March 22,. ~ _ Page T55 CONTRACT MODIFICATION CHECKUSTFORM . /13 --T;IR-/ ~" (1'/.1.1, 11'7 c¡~ 0; t!JJ~L AMOUNT OF THIS CHANGE $ (-) 23.402.65 PROJECT NAME: NCWRF Row Equalization Facilities PROJECT #: 7'3077 BlDlRFP': 02-3374 MOD #: 02.Q1 PO #: 206382 Work Order #: NIA " CONTRACT AMOUNT: ORIGINAL $6,161,700.00 CURRENT $ 8,i99,_.8~ "',1 J..3,17~f!- If,"/ or (8TAR11NO POINT) (INCUJDINQ 1MB CHANGE ORDER) ..., I r Lest acc Approved Amount $6,161,700.00 " (tA8T TorAL AllY. REQUlRIiIG ace APPROVAL» Date of Lest acc Approval: 5122101 (original) Agenda Item# 16(c)8 Cumulative Dollar Value of Change Orderw to this ContractlWortI: Order: $ ~ ,888.85 - 3 ~ at/. I 'f Percentage of the change over/under current contrIICt amount: 1.17% -r tn'II-l ~ Formula: (Current Amount I Last Bee approved amount)-1 Results and Actions: If the chqe exceeds 10% Bee approval Is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION PATE (8): PROJECT SUBSTANTIAL: ORIGINAL: 11/15103 CURRENT: 2/4104 PROJECT FINAL: ORIGINAL: 2/18104 CURRENT: 5111104 SUMMARY OF PROP08ED CHANGE (8): The Bid Schedule and Contract Specification 01025 Include a Contingency Allowance during construction In the amount of $200,000, to be used at the Owner's discretion. During construction, the portion of the Contingency Allowanca authorized Ir the Owner and utilized by the Contractor totaled $176,597.35. The remaining unused balance of the Contingency Allowance Is, therefore, $23.402.65. This amount Is hereby credited back to the Owner. JU8T1FICA TlON FOR CHANGE (8): See ·Summary" above. /'ø .J R.'W0397\cont8dm1n~\C02\CDCLS-C02-f.doc Pege.1 d1 r---~- Agenda Item NO.~7 March 22, . , Page10 f55 . . CONTRACT MODIFICATION CHECKLIST FORM ~'l3 PROJECT NAME: NCWRF Flow Equalization Facllltlel PROJECT it: 731J71 BlDlRFP #: 02-3374 MOD#: O2.o,t. AMOUNT OF THIS CHANGE' (-) 10,484.77 PO,: 206382 Work Order If.: NIA ~ (" 1J..3, 176" - 2.1 I"' CONTRACT AMOUNT: ORIGINAL $6,161,700.00 CURRENT $e,225,ððô,æ ,... , (STARTING POINT) (INCLUDING 1NI CHANGE CRDI5R) Last BeC Approved Amount $6,161,700.00 (LAST TOTAL AMT, RICURINO BCC APPROVAL) Date of Last BCC Approval: 5122101 (original) Agenda Item # 18(0)8 Cumulative DoI_ Value 01 ChangeOrderø to this ContnlctlWork Order: '.11,.415.88- JJ; tf2..4/-. 1'1 -¡i1Mt-*l~ ,...¿ ~ percelrtage of the change overIunder CUmtnt conti IICt amount: 1,00% Formula: (Current Amount 1 Last BeC approved amount)-1 Results and ActIons: If the change exceeds 10% BCC approval Is required; uncler 10% reported to Bee on Purchasing report, CURRENT COMPLETION DATE (8): PROJECT SUBSTANTIAL: ORIGINAL: 11/15103 CURRENT: 2/4104 PROJECT FINAL: ORIGINAL: 2118/04 CURRENT: 5/11104 SUMMARY OF PROPOSED CHANGE (8): The Bid Schedule and Contract Specification 01025 Include an AIowance during cónstructlon In the amount of $100,000, to be used at the Owner's discretion, for materials end 18bor to perform necessary sltework related to grading end drainage. During construcllon. the portion of the Grading and Dl'lllnage Allowance authorized by the Owner and utilized by the Contrec:tor totaled $89,515.23. The remaining lIIused belance of the Grading and Dl'lllnege Allowence II, therefont, $10,484.71. this &mount Is hereby credited back to the Owner. JUSTIFICATION FOR CHANGE (S): See ·Summary" above, cRg3 R:W0397\oontadmin~\CDC-LS-cœ-2.doc P8ge 1 d1 · Agenda Item No. 16E7 March 22 ~Q5 Pag~ M òn5 CONTRACT MODIFICATION CHECKLIST FO.RM 3~3 PROJECT NAME: NCWRF Flow Equalization Facilities PROJECT it. 73077 BIDIRFP #: 02-3374 MOD II: 02"()3. AMOUNT OF THIS CHANGE $ (-) 100,000.00 PO #: 206382 Work Order #: NIA , " CONTRACTAMOUNT:ORlGINAL$6,181,700.00 CURRENT$.,1S'.888,la ¿', 1z'!¡17J - h- (STAR11NG POIN1) (lCWDlNG'" CtWICII! CRDI!R) ~II," /- ~ LastBCC Approved Amount $6,161,700,00 (LAST TOTAL~. REQUIRING Bce APPROVAL) Date of Laat BeC Approval:. 5122/01 (original) Agenda Item# 16{c)8 Cumulative Dollar Value of Cfwtge Orders to this ContractlWork Percentage of the change overlunder current contnlct amou Formula: (Current Amount I last Bce approved amount)-1 Results and Actions: f the chenge exceeds 10% Bee approval Is requl Purchasing report. CURRENT COMPLETION DATE (8): PROJECT SUBSTAN11AL: ORIGINAL: 11/15103 CURRENT: 214104 PROJECT FINAL: ORIGINAL: 2118J04 CURRENT: 5111104 SUMMARY Œ PROPOSED CHANGE (8): The Bid SChedule and Contract Specification 01025 Include an Allowance during construction In the amount of $100,000, to be used at the Owner's discretion. for materle" and labor to perform work related to site landscaping and Irrigation. The landscep/ng and Irrigation wort originally planned for this project was subsequently Incorporated Into a separete, plant-wide landscaping project to be performed by others. Therefore, the entire amount i. hereby credited back to the Owner. JUSTIFICATION FOR CHANGE (S): See ·Summary- above. JóJ3 R:\40397\contadm1n\cl'langeont6r8\C02\CDc-LS';c02-3.doc Page 1 d2 · ! . ; I ~ Agenda Item No. 16E7 Mar9i 21, ~005 PaaJ~ of 55 CoIIferCOumy'F\IbJIC utI1t/N North Reøfonel Watet Reo1am8t1øn FaeIIIty FkNiEt¡utlllatlOfl FacI1lIè$ OhangeOrder NO.2, Contract Modbtlon ChfIddIst Form 1=ebrtMry 8, 200lS PAIItTIES CONTA:C'ÆPREGAROING THE CHANGE: PrtIjeot Oejlyery Team (J.e. - NCWRF Pliant Staff, County Project Mii1ager, Engln..r. Contractor) IMPLEMENTATION STEps' (Vertfy each before p~n8'wItb :0..... ...Inl V,. N··or NIA) _ PropOsed change Is oonsiatent wilh the scope ·of ""existing agreement ~.Pf~ t:hqe,Js In fact an addition or deletionto'ttle exiltlno scope __ Ohlllnge 15 ~Ì'\g Implementeclln a m.,.,conllttenlwlth the 8)åttlng agreement _The appropriate parties have been con81l1ted·re;atdlng the change . '-' Propasec;lprices,feeI and costa let forth in the ct\8nge 8'" reesanable CONSULTJNG.:GIN~NDATION: R.aCOMMEND: ..I .& · . DQ NOT REi.¢Q . END; . . . :=rEN~ER~C~~ DO NOT RECOMMEN'" COMMENTS: 1)8ta: ~.~ _·O~ ..Bate: . . 081t: ::d/ð/djr Date: ... ..... . Date: ¿¡; yfd": COC1..s.c02·3.åOC2NI2005 " Page 2·"'2 FEEr.-22-2005 10: 18 au. I ER CO PRf< Agenda Item No.FI(Ø'12I6 March 22, 200~ Page 13 of ST CONTRACT MODIFICATION CHECKUST FOAM PROJECT NAM!: NORTH NAPLES REGIONAL PARK PROJECT #: 80602 BIDIFIFP.: 014189 1100 I: 5 AMOUNT OF THIS CHANGE ("',315,814.24) PO t: 4500037217 CONTRACT AMOUNT: ORIGINAL 153,102,845 CURRINT S48,7IO,77S.a (lTAIITING POINT) (lNCC.UDINCI1'ItI ctlANCa ORDER) Laat ace Approved Amount 141,1 &8,587.81 (LAST TOTAL AMT. REQUIFlNG IJCC APPRCJYAL) Data of Lat BCC Approval: 2IBI2OO5 AQende It8m , 18'3 CUmuI...... DoIler V"ue af CIwIge 0,.. to thl. Co~.011.171.38 ) Percantage of thl change over/under current contraot amount: -1'3.GØ. -,:1. rei ?o If- Formulae (Current Amount I Last BCC approved amount)-1 Røsults and Actions: It 1he chBÌ1ge exceeds 10% Bee approval is requlred¡ under 10% reporl8d to BeC on Purchasing report. For apeoiflc Information regarding work order thresholds, plea.. refer to the Contract Administration Prooeduree. Section III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: &11012008 CURRENT: 511 QI2OO6 SUMMARY OF PROPOSED CHANGE (S): ldernffy the ahan.... Thl. deduct'" change order 15 , lIUOCIated wtth the DIrect MatllrlaI. Pu~ of materl8I. dllWCtly from the project vanden of th\. North Nap'" Regional P..-k còn8tnlctlon pro)eot. By deducting tIw dlnlct costs of certain m8I8rIaI. form Kraft Construction'. purch_ order and purchalna directly form the vendor, the Cot.I1ty I. able to save the 8% florida Sales Tu an the purchaøa. In thl. caø, the 88Vlngs on the $1,385,814.24· of purah... equ., aPPfOXlmately $77,000 In tax AYlnp to the County. Collectively.. c;hangtt ordIn add up to $7,011,871.384 which equatM to a we savlngl of . 381,888.:18 to the County_ JUSTIFICATION FOR CHANGE (8): Whit value or benefit do th_ chllnges provide to the pro).ct? exhibit 0 of the Contrect øt. out the procedure for executing the Di,.ct Material Pu~ of gooda. This Change Order I, conalatant with the GOntrICt', procedUN and II In concert with the CountY. polley of Sales Tu savin. ttuu dlreat purchase. Thle lav. U. County elgnfffcant amounts of money. PAA11ES CONTACTED REClAADlNCI THE CHANGI!: Parks and Recreation Dlreator, Public BerYl. I Adminllltrator, Purchlllng Con1racts Agent, Clerks Finance Department Special Projects Coordlnator_ IMPLEMENTA110N STEPS (Verify _ch before prOCMdlng with change ullng Y, N or NlA) Y Proposed change Is con8lstent 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 pardee have been consulted regarding the change y Proposed prices, fees and costa set forth in the change are reasonable PROJECT MAN ON: Thlstonn Ie to... :¡;:rn _. APPROVED BY~ . Date: P anager REVIEWED B . . Date: c5( - ;J.J.~ Revised 12123104 .....-.--..----.- ..- 1 Agenda Item No. 16E7 March 22J~5 Page 1 'Sf 55 CQN1J"RM:r MODIPICA"AON CHeQGUSTFGRM PFUlJECT 1lMll1i: Gcd.... Gate Ubr., bpaMlcm PROJECT #:t8I1 IIIDQUP'. ..,. .. MØ1J'rf#: ,.. f;~"J If ,~"T 8F THlSC1HAN8& ."8,". Work Or_ II: !Ù .......... A'MMNT: GJRI8tNAL ~ CUM&NT: JIII'..RI¡¡II , ~ ~œtM'E"'" LaU8œ ApplOvedAmouat ~ndUI '1'OT-' /IMT. R8QWIRINCI sce: APPR0YAL) .. of"" BØC ApPhMl: ~ ..-'#,au Gúmllfdw 10ft., w... of ~.".. .... to .... C,,~ ()Nw: IjjllJ8btí M ...... if.,... .-8M.. èu.-nt conbot amuftt tfQ», ~: (OMem AimøtØ't I !Last,SOC 'a~d 81TKH1*1' Resu.Its ami AtGtims: If tie aharve exeeeds 1'0% ace appr.ovaf Is reGuir9d; under 1{)% ~ tø eœ Dn ~ NiJIm. För ~ inft¡:j~", retaFdfrlil WØ\í'f( o~er ~hØtd&, ptéase r.afer tõ1l!ïê ~ .¡ Mmi"Is~~dul!9S, SedfiqmMI.C.4. OlJRfENT¢OMPurt1øN Ii)!ATE ($t:ORléINAL: 1.o>N/85 CURRENT: ..sØbOl Cttis ~AJIIy): / ~ OJ'P.aO.... CJLo\NQID(S): Id_fy tIbe abmp: 'tJ:ø& ~ ~~ at"" GAl" ='t.1i$-~=:æ=="::~£E ~.~~'A=:~~c:=:=:;:~ri¡.j~=: '=;.t~~as~~~~:::~~~~==~ is&uea"ItatJIHW ßO!Ókl.h hi wiIJi. t'1ü.s,~.,._idecl,~ to a ~DJ wJIIl()blm&y~ana~ aaÎt~ -, r. '." ',' .. "",' , " ". i ,'" Ie' " .' , ' . SJds,!If' tG -,Š{':.' ..~-=H-.~:~., _-,..m. _>~-~.<.: / "".'" ~¡~'ACT1II~N.THEOHM-: ,MaJ¡fta88msav~f!IIM1wLMalh~~1 .1~ ~~ ~..Qm~~1!S k-'" " " ., ." &P8 ('I-"r ..øtt .,.re I'Í'O'CMdIfI, wmr. ØII.. ding Y,Nor MI_ l'Prep.. change-4s œnsistem 'with the soope of the extsttn¡ 8greerMñt vPR,pø$9d n.Js-1n fact al"l addIttGA or oeletkm tø the ex1etl~ SCOI'8 , ~nâ'AJé IS bØlll1g __entøld in a mant:1er œnslste:nt wlttl the ~istlr1g sliJF88ITIent ~-m.i Wf1ÐP~.rUIs nave be.. œnswlted regaritlfng me øhantr8 . ~ ~.¡~, fees amt"'oosts set forf.h 11'1 tMe onenp afe reasømlblè - ~ IJlSl04 .., . '._, ....-....-.- : ThIs form Is to be signed ."d 118ted. -:;)A.~"t. ~ Cate: ~. Date:dþþS-- Ii ; RBÞå 12123t04 '''. ".or"" ~~:iõwi::i~i..;~.c,~J;;":"')~...",;.~:" "..ëv';'.':'~' ..~"..... .. ---".-...." ..;,.. '''"... Agenda Item No. 16E7 March 22, 2005 Page 15 of 55 \. '" \-··n ',. cm- ·1 --....-~---,_..- ... .. . Ag.endaltem ~. 6.E7 . March 2005 Page of 55 J CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: Fumlllh and Install live 0IIk T.... In PelIcan. Bay PROJECT #: 811221 BlDlRFP t: 05-3737 IIOD f.: 1 AMOUNT OF THIS CHANGE $ 0.00 PO .: 4S0003t387 Work Order~ NIA I.' coNTRACT AMOUNT: ORIGINAL. $51;060.00 CURRENT $51,050,00 '. . (STMTil8P01N'1') (INCLUDING ""CIWfGE ORDER) I Last BeC Approved Amoutd: . $51,050:00 :. '. CLMTtoT...-r. REQI_IICC~ ¡ ! oat. ofa....tBCC Approval NOYémber 30,2004 Agenda hem #16.F.2 , CumUlatIve Dollar V.... of CtIiI...Ordara to ..laContradfWork Onter:$ O~Ó() ~·orlhe ehang.·......tCtillWd ~.~ amount O')(a. F~ (qutrent Amout1t I LaIt $OC appI·oved~1 . . . ." '. R8øuJtt'ånd ~: If" êh8rp.~ 10% BOC approval" requhd; under ~ reportødto ace on ~. 1'.'. . t:'èpOI'l.For .. . 'ific ii1IWrnätiõtt. . ,.' ..... .'. .' .... '. . ding WÒf1( ordW thniihOk18. pIea8e ,.,... tø ht COnb.ct AdminiStrâtion~Section'UtC.4. ~.' . CURRENT COMPLETION DATE (S);ORIGINAL: Janu8Jy 29, 2OÒ5 CÎJltRl5NT: Febn.íary 25.2005 ........ ~'1OF~~'.IdentftY. ...... 'The contract 18 being Changed to 8dd'3Ö .ti;iI:lâ~~~_"';:1d~ .' JUSTIFICA1'IOt!I:FORCI!L\tI~($~ ...... or be..... cI9 ................10.. .~ T'he ~found, out, tt:'iIt 'he~edeð~ ts1œ 8 èorftP,8teÍIqtest fór Iicen8lng ~ eorl8rCew,t.y~ Ttrietest Will net t. .,... ,urØ ~ 5, 2()05 *.·thenefore the Contì'act,~·timëWas exteftdêd to.~ the neceSsary time to ~ the'p;ojeët.·after 1rIé ~i8s11è Is,~ This'" not preSënt,....yfináAcial burden. to. PeI-=-R Bãr.'$eMc:eLBy abow5n$t \hè·ádditiOt1ai time fOr c:ompIe1iœ 1\0 additionaL cost is fm:U1Iêd. by QOIr1J tD'theriéi< ___bidder. Nso the time required to pnx:ea a 'chaÁge.., the award to tf1e AØttowest bk:kfer WOukt ~ öegllglbte. Ø1ed. time,m ... cömpletion of the project. PARTIES CONTACTED ~ THE C(lANGE: James WaRt, P9SD; Rhónda Rembert, PurcI.ì8Iìing IIR,EMEMTATION.'STEPS: (V~ ....KÞ.WoriI· ~,..c~ ".y, M or MIA) y Pro .-oeed œ r. ~wm.:tM~· Mile .vIiatInft: .. .-.ent' . .P .. ... ., '. .' .~~:--~,:..,... NlA ÞropGéed~:iI iItfåd'åruïdœtH,'Jn'ør èliltirM1 to the8Xíalini~ y ~-"." eiJ~.'. ~·'··."~iRämanAel'. . .... ~.witb. ·ttte·....wr~~ -.-_.. .,..,...-. .....~.._~. . . ~~K _..... ""W"·.............K Y The'~,__.hàv.·b88ft~.~tbed1ange: '. , NlA Propoeed' pricêB¡ 'fees' and ~ set forth In the Change are·reasönable DATION: This form fà to be..... .... dIDd. APPROVE B ': REVIEWED BY: .C Revised 12/23104 ..- .--..-.... ._~- Agenda Item NrA 6E7 March 22 2005 Page 1 of 55 CONTRACT MODIFICA TIOH CHECKLIST FORM PROJECT NAME: 13th Street SW RGaldwav Wldenlna Prolect PROJECT #: 69068 BlD/RFP ,: 04-3625 MOD ,: 2 AMOUNT OF THIS CHANGE $_0.00 NlA PO #: _NIA Work Order #: CONTRACT AMOUNT: ORIGINAL $ 1.880.683.00 CURRENT $ 1.880.663.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 1.880.683.00 (LAST TOTAL AIIT, REQUIRING acc APPROVAL) Date of Last BeC Approval 04114104 Agenda Item t# 16-82 Cumulative Dollar Value of Change Orders to this Contr'actJWork Order: $ 0.00 Percentage of the change over/under cu.....nt contnlct amount 0.0 % Formwa: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required: under 10% reported to BCe on Purchasing report. For specific information regarding work oreler thresholds, please refer to th Con ct Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 12/24/04 CURRENT: SUMMARY OF PROPOSED CHANGE (S): identify the changes. Suaøend Contract time for Materia, acauisltion. extend contract time for (20) days for comDIetion of additional work JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? TIw additional time Is reauestøcl due to Dlan revisions. which created additional work. PARTIES CONTACTED REGARDING THE CHANGE: The C.E.I.. Contractor. Field Enaineerina InsøectorlProiect Manaaer. PrinciDIII Prolect Manaaer. T .E.C.M. DlNctor. Purchasina Director. TransDOrtatlon Administrator. Board of Collier County Commissioners. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ y _ Proposed change is In 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 Is fonn is to be signed and dated. ,.. Date: ð 1/216 If)$" Date: Revised 12/23/04 l' Agenda Item No. 16E7 March 22, 20~ Page 18 of q§ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Intaraeotlon lit 50th PROJECT': 80018 BIDIAFP': 04-3888 MOD': One in AMOUNT OF THIS CHANGE' 1 A19.38 PO .: 4600038635 Work Order II: CONTRACT AMOUNT: ORIGINAL . .'li~O CURRI5NT $ 398.832.38 (8TARTI G NT) (INCLUDING THI8 CHANGI ORDER) Last BCC Approved Amount $ ,~~ AL N6T. REQUIRING BCC APPROVAL) Date of La8t Bce Approval 9/2812004 Agenda Item' 16B1 Cu~UIIIIIve Dollar Value of Change Ordera to thl. ContnlctlWork Order: $ 388.832.~ Percentllge of the change overlunder current contract amount O.,.--,J{I % Formula: (Current Amount I Last Bee approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval Is required; under 10% reported to Bce 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: 2I28l2OO5 CURRENT: 31712005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Pay cost for inlet box material. Pay for roçk excavation. add Line Strip Removal Item and add time, JUSTIFICATION FOR CHANGE (8): What value or beneftt do th_ cha.,.. provide to the profect1 Jð1~ to. unfor~~~n s i t:Q ~nndi ~; nnA ~ r~1r AY~AU''''''; nn waG T"'AIJ"; ~~ ; n ::. r; pð rrøn,...h ~nn Av;aHng 1;n. ,,",..-Ira ........... 1'Q ""RfBct '~itR tta8 A8U li.A8 S6lfi('s ran ("'J""\ 1 AðP\ r'"'-.:tI+-.a. 0='11......... .'1. rk::wi1]~.t-M f'rnm fen.:. t.rn~1l- u.::aa :III" ~." .of- ¡..y...v ,.,"'.....i R'J construction it was determined not to replace the existing structure. PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thol'D8. P.~.. Prlncloal ProJect Manaaer: Juno Ordonez. P.E.. TransoortatlonlDeslan ODeratlons. Senior Prolect Manaaer. Lou Gaudio. Project Manaoer t~ Quality Enterori888 USA. Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) ..:J. Proposed change Is consistent with the scope of the existing agreement ..:J. Proposed change is In fact an addition or deletion to the existing scope ..:J. Change Is being Implemented In a manner consistent with the existing agreement ..:J. The appropriate parties have been consulted regarding the change ..:J. Proposed prices. fees and costs set forth In the change are reasonable PROJECT MANAGER RECOMMENDATION: Thl. form I. to be .'gned and dated. APPROVEBY~'. . ~ D&1e: //IC6z'..r P' Manag //...: REVIEWED BY: , . Date: 'f H /0 t) Cònt ct Specialist . Revised 12/23104 Agenda Item N~.1 f£f March 22, 2Õ~ Page 19 of 55 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Santa Barba... Boulevard PROJECD: 62081 BlDlRFP ':00-3012 _IlOO-= 5 AMOUNT OF THIS CHANGE $_..0-_ PO,: _102110_ Work 0..... ':_NlA CONTRACT AMOUNT: ORIGINAL $ 2,228,072.00_ CURRENT $ 3,735,H3.oo_ (8TARTINØ POIN1) (INCLUDIIIG 1M. CHANGE ORDER) Lnt sec Approyed Amount $_3,735,963.00 (LAST TOTAL AIIT. RJl!QlIIIRING KC APPROVAL) Dm of Last BeC Approval_Sept. 12, 2002_ Agenda n.m t _18(8)(22) Percentage of.... change overIunder cunwnt contract MIOUnt 0_" Formula: {Current Amoen I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to sec on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Mav 17. 2002 CURRENT: Oct. 28,2005_ SUMMARY OF PROPOSED CHANGE (8): ExtInd œntrac.t completion date to Oct. 28, 2006 JUSTIFICATION FOR CHANGE (S): Delays due to the acIdItIoMIllIt8IwectIon GeoIMtry Review done by Independent conaultant. The ...1 study report... ...... In Oåober 2004. PARTIES CONTACTED REGARDING THE CHANGE: Kelsey Ward. Gene CaIwHt. UncIa Jackaon. Consultant IMPLEMENTATION 8TEPS (Verify e8ch before proçeedIng with change using Y, N or NlA) _ y _ Proposed change is coneiatent with the scope rA the existing agreement _NIA_ Proposed change Is in fact an addition or deletion to the existing scope _ Y _ Change is being inptemented in a manner consistent with the exilting agreement _ Y _ The appropriate parties have been consUted regarding the change _NIA.. Proposed prices, fees and coats set forth In the change ant reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Tad Pluc Date: Jan.25, 2005 DISAPPROVE: Date: COMMENTS: REVISED 919/03 REVISED· CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: livingston Road (1mmokal.. - Côunty Une) landscape hnprovwnent project Project No. 66041'3. Bid award eo( 3855·- PROJECT #: 313-163873-163310-650413 (P. o. #4500031837); U....1éetn Lilild8cape Material Fundtl: 112"'5041~ (Fót Donated Funds of: $84,440.00) BlDlRFP': 04 3665 MOD It: 2 AMOUNT OF THIS CHANGE $Ø.....OO PO II: 4500031637 Work Order ,: NlA . - . .~', , '_ ,. f. " '.' '. ~,.' ," . .'~' .. " .l.... .... ., . . l ~ -. -. . - .- .....~ " ,~, CONTRACT AMOUNT: ORIGINAl $ 907.2Öt.to CURRENT' ~~ ª"AR11~ POll(') (INCLUDING THII C i..aat ace Aþprowd AMount S 9Ð7~201.:1O (LAST TOTAL. AJIT.IŒQUIRINO 8CC ~J Data Of Last Bee ApProvaL Decem.... 1.... 2O~ Donatlol't 01'$84.__.00 ;Apnda Item '"6818: .. 28. '40.35 3.10_% CURR~ COMPLETION DATE (S):ORIGINAL: 120 CURRENT: 182 . SUDÁRY OF PROPOSED CHANG1: fS)': 'the Boandof éöUi1JV cømmñØ:efOners acceDted a donlltion from WCt Communities in the sum 9f 184.-44.0.00 ònDeœmÞer 14..2004. ThIs Chat:Kil8 order amends the contract with Hannufa Landscape for the tpstatìation of the I:irôDCäèd Dlant1nas and materiats. JUSTIFICATION FOR CHANGE (S):This c;þanø8 I'MU~ in enhancement af thè r'Oádwav Llinpst8Þe ·ptQiect (BId 04-38551 bV'Ö'leaddltion of Þlantr.naterfals to the oro[ect bv WCl Cammunftiesf'etUftinain a cost, benefit. PARTIES CONTACTED REGARDtNG THE CHANGI:: Etob Pe18raon, Pamela Lundt, AI V.ildetmuefen, Darryl Richard~ Scott Windham~ Diane Fbrga, IInd Giorfa H..-...rL IMPlEIlENTATIONSTEPS (YerIfy each befont proceeding wlttJc-'" umo Y, N or MIA) Y Proposed ch.nge is' consistent WIth the: Scòj:Iët of the exiàtinCl acii'eèMetìt Y Propo$èd change is in fact 8n ødditiOl1 or deletion to the existing scope Y Change is' being implernentedln '1:1 m&:oner consistent wnh the exiSting aoreetnent Y The appropriate parties have beeñ conSufted l!égal'dìng the change y Propotecl prÎœS', fees and colts set forth In the change are rasonabIe PROJE. . C. TMANAGER~.~....·... ENDAT1ON: APPROVE: A Date: ~1uf5 DISAPPROVE:" Date: COMMENTS: Chanae Ordet#2. resuhs in enhancement da CUrTentCGuntv Proiect under contract with Hannula Lànèlscaœ lIS Ii cost benefit to the Countv. L Revised 9/14/04 . t·~lL.i,.~~7:;.~....~.,..:¡¡Í,;.....;.. ,.... .:~'., """ t., ,.~ or '. ,_, ..~s . 0.' J;si\t , rt~ (/.:t~ /1£ ~Á, J,vJ. ~.t4",¡~~...-.;,:. ",;;;, .....:.~.,,',.'" '" FY05 1 Agenda Item No. 16E7 March 22. 2005 Page 21 of 55 ADMINISTRATIVE CHANGE TO WORK ORDER REPORT Presented to the Board March 2005 February 05 "em ReAlpt No. Date 02102/05 Vendor HIlma Workorder No. Department Prevloue BCC Chenlle New % Project No. eomr.ct No. Contract· Approvel Amount Contl1lct Change Change Order No. Special let Amount Project Name Q. Grady MInor CG M·FT ..()4-()4 PUED $6,450.00 $0.00 $6,450.00 0.00% 73945 01·3290 LJ for LW 1 Pump Station Improvements-107 Overview of chanae: The contract time Is being extended to February 27, 2005 to accommodate additional services required for the commencement of Phase II of the project. 2 02102/05 Mitchell & Staric 73154 1 South County Water Reclamation Facility Injection WelIIW-2 UC-D93 02-3345 PUED LJ for LW $396,550.00 $1,743.00 $398,293.00 0.44% Overview of chanae: This change order covers the addition of an electrical breaker required to complate the project. The spare breaker planned to be used, was utilized at another project. 3 02102105 Aquagenlx DAB-FT -05-07 N/A 03-3568 1 Exotic Tree Removal- Vlsnich Property Environmental Services LJ $10,500.00 $2.000.00 $12,500.00 19.05% Overview of chanae: An area with vagatetion was under water when the first review was done. The area Is now dry and the remaining vegetation needs to be removed for access. - FY05 2 Item ~pt No. D" 4 02104105 Vendor Name Project No. CIwIp Drder No. Project Name Bon"..s, 100 66065 1 Golden Gate P8I1<way at 951 Wof1(order No. Contract No. Depertment Conftct. 8peclal'-t TECM RR Prevloua BCC CIwIp AppI'CMll Amount Agenda Item No. 1GE7 March 22, 2005 Page 22 of 55 % Chenge BOc-FT .()4-1 0 02-3327 N_ Contract Amount $110,326.93 ($18,220.00) $92,106.93 -16.51% Overview of chanae: The net resutt of this change order reflects the removal of the landscaping allowanca and sodding that was not neceasary alnce the landscape work will be clone by etaff within the landscape aecIIon of the Alternative Transportation Mode (A TM) Department 5 02107/05 Johnson Engineering, Inc. JEI'()1'()2 60018 00-3184 1 CEI ServIces for Collier County Road Project (Immokalee Road) Transportation $1,601.472.25 $116,480.00 $1,717,952.25 7.27% RR Overview of chanae: The original proposal called for three ph888S and the actual timing of the pheses was undetermined. this change order edds funds for reimbursable Items and extends the time to June 13, 2006. 6 02108105 2.97% Outside Productions TLM-OP-o3·03 65041 ~131 1 Landscape ArchItectural Servlces-LMngston Road Immokalee Road to County Line Overview of chanae: This change order Incorporates a plan revtslon within the scope of the Irrigation dealgn. The Irrigation design changed from a well system to a potable system. The change was necessary as e deep-water well perm" could not be obtained from the South Florida Water Management DIstrict (SFWMD). Transportation $46,390.40 RR $1,380.00 $47,770.40 FY05 3 Item ReceIpt No. Date 7 02108105 Overview of chenøe: of concrete. Vendor Name Project No. Change Order No. Project Name Bonness,loo BOC-FT-04-12 60016 02·3327 1 41st St SWI20th Place SW Sidewalk ImprovømenlB Agenda Item No. 16E7 March 22, 2005 Page 23 of 55 % Change Workorder No. ContrIIc:t No. Department ContnIct- SpecIalist Prevloœ BCC Approval Change Amount N_ Co/1tm:t Amount Transportation $91.202.29 RR $0.00 $91,202.29 0.00% This change order extended the contract to February 3, 2005 due to field conditions and delays In the availability 8 02108105 3.68% McGee & Associates TLM-MA-G3-25 620711 00-3131 1 Landscape Architectural SeIVices for LMngston Road-Immokalee Road to County Une $40.036.00 ATM RR $1,472.50 $41.508.50 Overvl_ of chanae: This change order represen1s increasing the scope of services to Include a multi-wire irrigation system. This system has the capability of fully utilizing current equipment to measure water usage In gallons per minute; and the deletion of an Ineffective 2-wire system. 9 02108105 3.81% McGee & Associates TLM-MA-G3-24 A TM 600714 00-3131 RR 1 Landscape Architectural Servicas for livingston Road, Phases 1 &2 (Radio Road-Pine Ridge Road) $77,255.00 $2,945.00 $80,200.00 Overvl_ of change: This change order represen1s Increasing the scope of sarvlces to Include a multi-wire Irrigation system, This system' has the capability of fully utilizing current equipment to measure water usage in gallons per minute; and the deletion of an ineffective 2-wire system. FY05 4 Item Receipt No. Da1It V..,dor Neme Project No. Chenge Order No. Project Neme Workorder No. Contrwct No. 10 02108105 Disney & Associates DA-02-04 50031 01·3235 1 Clerk's MIS Renovations, 5th Floor Building F DepIIrtment Contnlct· lpeclellllt PnlVloue BCC ApprcMll Agenda Item No. 16E7 March 22, 2005 Page 24 of 55 % Chenge Change Amount N_ Cont".ct Amount Facilities $33,385.00 Management W $500,00 $33,885.00 1.50% Owrvlew of chanae: After the floor plans were designed, the MIS department requested an additional door. To accommodate the reqU88~ re-draftlng of the floor and ceiling plans, detail IIdJustmentB and documentation for I'Ø-submlssion of the plans to Community Development for the modification of the building perml1 were required. 11 02111/05 $5,100.00 $0.00 $5.100.00 0.00% Passarella & AsaocIates PAS·FT ..Q4.01 80122 03·3480 1 Mønatee Dog Park Overview of chanaø: This change Increases the completion time to September 18, 2006. The extension of time Is necessary due 10 unanticipated, long-term delays from the United States Army Corps of Engineers (USACE) and the South Florida Water Management District (SFWMD). Parks & Recreation LJ 12 02111105 $4,500.00 $0.00 $4,500.00 0.00% Passarella & Associates PAS·FT ·04-02 80067 03-3480 1 Bayvlaw Park Dock Permitting Parks & Recreation LJ Overview of chønae: Thla change order extends the completion time 10 September 24, 2006. The project experienced unanticipated, long-term delays from the United States Army Corps of Engln881'8 (USAEC) and the Florida Department of Environmental Protection (FEDP). Additionally, a dock redesign has also Impacted the project completion date. FY05 5 ItIllTl Receipt No. DIIte 13 02116105 Vendor NlllTle Project No. ctw1ge Order No. Project Neme Workorder No. Contrect No. Delllltment Contnlc:t- Spec.'1M Agenda Item No. 16E7 March 22, 2005 Page 25 of 55 % Change AngoII, Barber & Brundage 80611 1 Goodland Park Boat Ramp ABB-FT -04-02 01-3290 Prevlou. BCC Approvel Chllnge Amount New Contrect Amount Parks & Recreation W $41,700.00 $0.00 $41,700.00 0.00% Overview of chanae: This change to the work order extends the date of completion to July 26, 2005. The extension Is due to dela~ that occurred during the Conditional Use County review process. 14 02117105 0.00% McGee & AssocIates PR-MA-03-01 90016 ~3131 1 Bayview Beach Access (Vanderbilt Beach Access ff7, Mansions) Parks & Recreation W $3,640.00 $0.00 $3,640.00 Overview of chanae: This change extends the date of completion to November 30, 2005. Unforeseen delays occurred during the permitting process with the Florida Department of Environmental Protection (FDEP), Coastal Construction Una Setback (CClS) full permitting and the Collier County Construction Une (CCl) permitting process. 15 02117105 7.46% William J. Varian VA-02-19 Construction 02-3349 52525 1 Bldg F, 2nd Floor Renovations (OffIce of Rap Mike Davis) Facilities $36,849.99 Management W $2,730.00 $39,597.99 Overview of chanae: This change Involves additional labor for the removal and disposal of a deterloretlng vault door and to Insteil a new door In the existing frame. FY05 6 Item Receipt No. DÑ Vendor HIIme Project No. Chanlle Order No. Project Name Workorder No. Contract No. 16 02/18105 Tilden Lobnltz Cooper TCL-FT -03-01 80016 01-3289 1 East Naples Middle School Sports Ughtlng Department Contract- Speçlalist Parks & Recreation W PrevlouaBCC Approval Change Amount New Contract Amount Agenda Item No. 16E7 March 22, 2005 Page 26 of 55 % Change 0.00% Overil_ of chanaa: This change extends the completion time to October 14, 2005. The project was delay&d pendIng additional property acquIsition by the School Board and their subsequent authorization to proceed with the project. $16,075.00 $0.00 $16,075.00 17 02/25105 TE-FT -04-02 01-3271 0.00% Taytor Engineering 90014 1 Tlgertail Lagoon Boardwalk Feasibility Study Patks & Recreation W $40,733.02 $0.00 $40,733.02 Overvl_ of chang.: This change extends the completion date to April 30, 2005. Unanticipated delays have been encountered when receMng data and responses from the United States Army Corp or Engineers (USACE), Florida FIsh & Wildlife (FFW), The Conservancy and the Department of Environmental Protection (DEP). 18 02125105 BSSW Architects BSSW-OO-07 52534 99-2930 7 Collier County N. Naples Govemment Services Center Facilities LJ $297,415.00 $14,185.00 $311,500.00 4.74% Overvl_ of chang.: This change adds a professional Inspector to conduct structural observaUons during the construction phase of the facility. This facility Is not classified as a threshold building a8 defined by Florida statutes, but for the purpose of expediting permitting and for quality 888urance reasons, Collier County requestad the sarvices to ensure structural Integrity due to the fact that this Is e public facility. Schenkel Schultz SS-02..()4 725091 01-3235 2 Expand SCWRP 2nd Floor Process Control Building Overview of chenøe: This change has been requested by SCWRP Operations to add design wor1< to accommodate male and female lockers that were not part of the original Scope of Work. The locker rooms were originally a separate plant project; staff believes that combining this project with the expansion will be less costly than performing two ~eparate projects. FY05 7 Item Receipt No. DatIl 19 02125105 Vltlldor Name Project No. Clulnge Order No. Project Name Workorder No. Contract No. Department Contract· Specla.18t Agenda Item No. 16E7 March 22. 2005 Page 27 of 55 % Change PrevI_ BCC Approval Change Amount N_ Contr.ct Amount PUED LW $57,500.00 41.70% $23,000.00 $81,500.00 20 02128105 $375,500.00 0.00% PSI 552-G3163 50003 0~M27 1 Design Four (4) Recycling & Hazanjous Collection Centers PUED LW $375,500.00 $0.00 Overvl_ of chanøe: This change is to extend completion time to April 6, 2006. Permit processing, design changes and a more extensive Inves1lgatlon than originally anticipated due to findings during the preliminary underground Investigation have Impacted the completion time. 21 02128105 0.00% O. Grady Minor OGM-FT-04-09 80071 01-3290 1 951 Boat Ramp Parking Engineering Services Project Parks & Recreation LJ $29,100.00 $0.00 $29,100.00 Overvl_ of chanGe: This change Is to extend complatlon date to July 20, 2006. The project experienced unforeseen setbacks as a result of long term engineering services and ravlews conducted by the Florida Department of Environmental Protaclion (FDEP) and the United States Army Corps of Engineers (USACE). # Agenda Item No. 16rJ March 22, 2005 Page 28 of 55 . r CONTRACT MOD.FICA TION CHECKLIST FORM PROJECT NAME: PumD Station 'mDrovementa ·107 PROJECT#: 73946 BIDIRFP ':. 01-3290 MOD': 1 AMOUNT OF THIS CHANGE $ 0.00 PO ,: 4600027817 Work Order ,: QGM·FT -04-04 CONTRACT AMOUNT: ORIGINAL $ 8.460.QQ CURRENT S ly460.QQ (ITARTlÑðPOINT) (INCLUDING THIS CHAM_ORDER) Laat BCC Approved Amount $ 6.450.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # Cumulativ. Dollar Valu. of Change Ord.... to th1s ContractlWork Order: $ 8.460.00 p.rCentag. of the chang. over/und.r current contract amount 0 % 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 III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: Mav 27. 2Q04 CURRENT: Februarv 27. 2006 r SUMMARY OF PROPOSED CHANGE (S): Identify the chang... This is a chanae order to extend the contract days 'for Q Gradv Minor and As,oclates JUSTlFICA nON FOR CHANGE (S): TtJe contract days in the Onainal Work Order was for the Enaineer to submit the deslan clans of the Droiect. The ~nalneer tumed in the documents with in the time and Budaet. This time extension Is to emDOWfr the Enaineer to desian and insoect the cqnatruction work of the oroíect. It was not oossible to en'{ision the lenath of the contract because of the unknown comolexllv of this Proieot. . PARTIES CONTACTED REGARDING THE CHANGE: . Mr. Bill 'Mullin. PrinciQ81 Project Manaaer. IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) L 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 L 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 MANAG APPROVE BY: . pJ'i REVIEWED BY: Co MENDATION: This fonn is to be signed and dated. Date: 1/.24/0';- Date: 1ju,ldr' r Revised 12/23/04 . --_.." Agenda Item No. 161;7 . March 22, 20j&. Page 29 of 55 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: South County Water Reclamation Facllltv - Iniect WelllW-2 PROJECT#: 73154 BJD/RFP #: 02-3345 MOD #: 1 AMOUNT OF THIS CHANGE $ 1. 743 PO #: 4500025166 Work Order #: UC-093 CONTRACT AMOUNT: ORIGINAL $ 396.550 CURRENT $ 398.293 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BeC Approved Amount $ 396.550 (LAST TOTAL AMr. REQUIRING BCC APPROVAL) Date of Last BCC Approval 2/24/04 Agenda Item # 16 ( C) 6 Cumulative Dollar Value of Change Orders to this ContractIWork Order: S 1.743 Percentage of the change over/under current contract amount 0.44 % 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 III.C.4. CURRENT COMPLETION DATE (S):ORIGI~L: October 22. 2004 2004 CURRENT: December 21, SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. An increase in contract amount of $1.743~ue to new electrical breaker at MCC5, Additional time of 60 davs. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? ~ new electrical breaker was reauired to comclete the croiect. The scare breaker that was clanned to be used was used on another croiect. Additional time was reauested due to multicle hurricanes and time related to missina electrical handholes. PARTIES CONTACTED REGARDING THE CHANGE: Rov Anderson. Joe Cheatham, Hole Montes,lnc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) L Proposed change is consistent with the scope of the existing agreement L Proposed change is in fact an addition or deletion to the existing scope 2L. Change is being implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change X- Proposed prices, fees and costs set forth in the change are reasonable REVIEWED BY: Co r PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. Date: 1'- ~" ,... DS Date: J-2-1~S Revised 12/23/04 r r Agenda Item No. 1 ~7 March 22, 2 5 Page 30 0 5 CONTRACT MODIFICATION CHECKLIST FORM PIØII'5CT RMIItE: .~. ~aI.·\Øb1cb PrOD8rb1 PROJECT #: '/).tl IIIIrIRFP'ttð3- 3~_ø": 1. .AItØURT OF TfI& CHMDE suoøJlLt PO I: ...-...... WØtk QrWr I: DAa.FT ..0541 " ~AIIØtIRT:~~ oua.~~~.- It ba8f1lØC~roved.AJiNtunt $ .' .~ . ~Jij.IIIt.AI!1:M_~ '8ÇC APPROVAL) "'."";8õC~ ..' ··nÎa Alen......, # ot.a .~ .... _..of ChaIIpOrders to.d' Com:AlctNIOItrOi'dtlr. $. LQ8Ø.d) "'~"1h.~ ØVW/UmIet ..,... contract 811'itøuftt / "1. ðS % Fønmtra: (C\:ìtNAt.~ I LafJI see approved amount)-1 RøeuItS and ~: If fheohange ex0eed8 100k ecc approval is required: under 10% reported to BCö on Plìl=..... ftípQtIt.For ~ jnføt'mètlQn regarding work order thresholds, p1éae refer to 'lh& ~dt ~~_~ntO.4. ~j;~Þ'M7E(1ij.."'fQ..: . '~'(1.ø5 CURRêNT: 11ì9Jg§' ~·ØP~CMAtIêE(SJ:tdt.,_,......_~.. . , ....~.........,_;..... _..,.J.,di¥"'-~--~J"~/"'itH*~~. .fbj'."", . JUS'rtP'tOÁ1!k!)NFOA caANGE 48): What vatue or ben9flt do these ch8ngé8 provide to thé ~ ""...,~ to""'", ~'~ .-:JIIít8D1NG tN& CMMGS: MIlt $1IIIIokI .... ~............CI!I"~ ~·'·~·'I'~·· ' ~C!lU~ ... ..... .. .... .'. .'.' ~Å1t._ (feJIIfr~.ÞëkJre·rm._dJn.wlt1\.c",. tØdhOV, N or NfA) ..:1,- ~, cthøgeì8œnâistentwlth the soope of the e)dsting agreement _y:.. PropoRd clrulnge ¡I In fact an additIon or deletion to the eXisting scope -1- 0h8np ./Mfng I~ in II manner consistènt with the existing agreement ...$_ fttI.,....a.,... t.1ev8 ÞøeÂ·ccmeutted regarding, the onange :..!Ì... ~·pd,,;"'·d·CÐS'ti·_,.brth in the chsngeare r~ ~'.' ~tiâV: . .,: TN. f'rctI1ti '8 to þe ........and......~ Date: 1~ ,,- Date: I"" 3/ -tJ ¡j FfŒVJE;WÊDBV' r- ~_11n3/()4 Agenda Item No. 16E7 March 22, 20ij Page 31 of 5~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Parkway at 951 PROJECT #: 66065 (18.220.00) BIDIRFP #: 02-3327 MOD #: LAMOUNT OF THIS CHANGE $ PO #: 4500029383 Work Order #: BOC-FT -04-10 CONTRACT AMOUNT: ORIGINAL $ 110.326.93 (STARTING POINT) CURRENT $ 92.106.93 (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ 110.326.93 (lAST TOTAL AMY. REQUIRJNG BCC APPROVAL) Date of Last BCC Approval June 8, 2004 Agenda Item # 168-11 Cumulative Dollar Value ot Change Orders to this ContractIWork Order: $ (18.220.00) Percentage of the change over/under current contract amount (16.5%) % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IJI.C.4. CURRENT COMPLETION DATE (S):ORIGINAl: September 6.2004 CURRENT: September 6,2004 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. A landscapina allowance in the contract was not necessary since the landscape work will be done bv the landscace section within the A TM Department. In addition. the sod will also be placed bv the landscape section of the ATM Department. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The landscape section is in direct communication with the MSTU committees which mav provide a finished product that is more satisfactory to the public. Chance order is necessary to finalize the contract with Bonness. Inc.. PARTIES CONTACTED REGARDING THE CHANGE: Bonness, Ino.. Landsoape Section of the Alternative Modes Department IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) vProposed change is consistent with the scope of the existing agreement /' Proposed change is in fact an addition or deletion to the existing scope II"" Change is being implemented in a manner consistent with the existing agreement ,/ The appropriate parties have been consulted regarding the change 7 Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: this form Is to be signed and dated. APPROVE BY: ¿) ~.J 'N dß Date: { / z.. ?/ ()~ pro~/JManageX'~ REVIEWED BY: ~ ~ Date: fl.; I as Contract Specialist Revised 12/23/04 J r \ CONTRACT MODIFICATION CHECKLIST FORM ll·r·l.··~ ~~_4.. .r··~ ~.I ì'::' Mar ... 28_a BIDIRFP #: 00-3184 PO #: 207441 MOD#: / PROJECT #: 60018 AMOUNT OF THIS CHANGE $ 116.480.00 JEI 01..02 PROJECT NAME: Immokalee Road wort< Order #: CONTRACT AMOUNT: ORIGINALS 1.601A72.25 CURRENT S 1.717.952.25 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount S 1.601.472.25 (LAST TOTAL AMY. REQUIRING sec APPROVAL) Date of Last BCC Approval 3-13-01 Agenda Item # 16 {b12 Cumulative Dollar Value of Change Orders to this ContractJWork Order: S 116.480.00 Percentage of the change over/under current contract amount 7.27 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 100/0 BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section !lI.CA. r CURRENT COMPLETION DATE (S):ORlGINAl: 1/29105 CURRENT: 6/13106 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To add additional money for reimbursable and additional time on the contract. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The oriainal Drooosal submitted was broke into three oarts. We started out at an amount of monev and time that we knew would have to be extended. The Droiect' scheduled comDletion date is in the fall of 2008. PARTIES CONTACTED REGARDING THE CHANGE: Steve Ritter. Proiect ManaaerlField InsDeetor. Lvnn R. ThOrDe. PrinciDal Proieet Manaaer IMPLEMENTATION STEP$ (Verify each before proceeding with change using Y, Nor NIA) -L Proposed change is consistent with the scope of the existing agreement -L Proposed change is in fact an addition or deletion to the existing scope -L Change is being implemented in a manner consistent with the existing agreement 2The appropriate parties have been consulted regarding the change -L Proposed prices, fees and costs set forth in the change are reasonable NDATION= This form is to be signed and dated. APPROVE Date: /- ZS">-ð> 1)/1 /ó5 r REVIEWED BY: Date: Revised 12/23/04 ~-"-" ~.._-~~- <, Agenda Item No. 1¡7 March 22, 5 Page 33 0 5 CO~CTMODF~ATION CHECKUSTFORM PROJECT NAME: Land$caÒ8 Archfteètlø'8l 8erYices for LNinaston Road Irnmo1aIIø Road fD Countv Un.' (2.8 miln) PROJECT 'IF. Fund 313-163673-783100-85041 BlDIRFP I: 80-3131 Axed Term Landscaøe ArchltBctural ServIces MOD .: ..1-AMOUNTOF THIS CHANGE $1.380.00 PO #: ·_0018241 Wor1è Order t: TLM.QP.o3-03 CONTRACT AMOUNT: ORIGINAL S 48.310.40 CURRENT 147 .,770.4Ö. (8!J"AfmNG POINT) (UtCUIDIIIQ. TMI8 c:ioWGE CiRDER) Laat BCCApproved Amount' 46.3eO.40 (DESIGN INClUDED IN t.4ASTER PLAN APPROVAL) (LAST TOTAL AMT. REQUIRIIG Bee AJIIfIROYAl) Date of Laat BCCÅpproVal ADm 22. 2003 Ag.ndatålm#~ Cumu...... Dollar Viii"" *,Chio_ - "'- -... 0.-, s ":;~ î 1" It Pereentllge of the change cMK#undllr CUI'I'8nt contract 8IIIOUIIt .p!If%" . ;. . Formula: (ClJrf8nt Amount I Last ace approved amount)-1 Results and Actions: If the change exœed8 10% Bee apprøvøI Is required; under 10% reported to BeC on Purchasíng report. Fot llþedfic information regarding work order ttuuhotda, please A!fer ~ the COIUnict Adi'ninistratìort Procedures. Section m.CA. CURRENT COMPLETION DATE (S):ORIQINId.: ComDl8Øon of CaftatructIon; CURRENT: ComøJetion of ConstruCtion 50_ART OF PROPOSED CHANGe (51: IdentIfv the chaaae&After the œmract was bid and awarded. 1here. was a chanGe in acoae to tIMÞ IrriCllltion desIGn of the DrOIeCt.cMådIïV:I th.lrrfaatloil avateht. ·from a well sVBt8m to . DOt8bIe avetèm wbJch ...au.. a chanae In ..tan. JUSTtF.ICATlON FOR CHANG. E (So ): What. .. val. ue ór benefit do. ø........_*'*_.. ~.~~ ~~~~.z==~==a:::=~COU!!!~.~~~fi'om PARTIES CONTACTED REGARDING THE CHANGE: $cott Windham. Outaide Production: Linda Jackson. Purchaaina: Gloria Herrera. Budi:Jet ai'laJyst:: otanè Flaaa. Director of ATM. DarrvI Richam. PÌ"OÍ8Ct Manaaer for lMnImton Road (fmmolallee - County Une\: KelseY Ward. Purchaaina . Revised 12/23/04 ¡;::&-~ ....,. r (" l,,,,,.,,,. ,"-"'..... -. - . Agenda IteL, N,Q. 1ßE7 Mar"~005 Page 34 of 55 ~ IiIPLEMENT A TlON STEPS (Verify IJIICh before proceeding wittr change. "'hSI V, N or NlA} Y Proposed change is consiStent With the seôþe of Che eXistii1Q agf'eement y Propoeed thaf'1Ge is in fad. en ødditlon or áeletion to the existing sCOpe Y Change T8 bldng Impfennted In Ii ammner conSiStent with the exiating agreement Y The apþrOp1itate paJtiø have beeJ1. cansulted regarding the ëhange Y Proposed prÏces. ten and ë:osts Nt forth in the c:hång& are reasonable PROJECT -z 1IECóIIìIEïItiA'noIf: lit It> be Oigned MId - APPROVE BY', . ..' Date: /. , r Proj REVIEWED BY: Co ReVised 12123/04 .. .."..;, I~-:: ",1'..1 .... ~1 :~"', ,,:';'';;< Agenda Item No.1 GEt March 22, 200. Page 35 of 55 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 411t Street SWI 20111 Place SW Sidewalk Imurovements PROJECT#: 60016 BIDIRFP #: 02-3327 MOD I: LAMOUNT OF THIS CHANGE $ 0.00 POI: 4500032492 Work Order I: BOC-FT -04-12 CURRENT $. 91.202.29 (INCLUDING THIS CHANGE ORDER) CONTRACT AMOUNT: ORIGINAL $ 91.202.29 (STAFmNG POINT) Last BCC Approved Amount $ N/A (LAST TOTAL AUT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ N/A Percentage of the change over/under current contract amount N/A % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCe 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: SeDtember 20. 2004 CURRENT: Februarv 3,2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Time extension. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional time is necessarv due to field conditions and delavs due to concrete availabilitv. In addition a time was lost durin the holida season when the contractor shut down for two weeks. PARTIES CONTACTED REGARDING THE CHANGE: Bonness Inc. IMPLEMENTATION STEPS (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 V"Change is being implemented in a manner consistent with the existing agreement V The appropriate parties have been consulted regarding the change 7 Proposed prices, fees and costs set forth in the change are reasonable Revised 12/23/04 (' Y Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This fonn Is to be algned aftCI dated. APPROVE BY: )fJ ~'~ . Date: ~ .. j)~ REVIEWED :"*$11..10." . ~~ 11~ DB % í:? ~ .,- .-- ReViSëd 12123104' <..~.,~_,..._. ., "N ."'....._....., _.....N.'..·'......_..,..p· ,......~__,...._.....~,_" _.__....'_.... .~." ._ .....P"..·... ....,._.... _.. __M_' '...... _M"....·~·'_N.·.N.... Agenda Item NO~!t - March 22 Page 3 f 5 .N·......· ......__.. ..;~', .~ ~ -. Agenda Item No. 16E7 March 22, 20()) Page 37 of 5fl CONTRAct MODIFICATION CHECKUSTFORM PROJECT NAME: Land.can Architectural Services for Llvlnaaton Road PhIIMS 1 & 2 ( Radio Road - PI.. Rldae Road\ PROJECT #: Fund 112-183852-631500-I00714 Bid 00-3131 WO TLM-IIA-G3,.Z4 BlDlRFP #: 00-3131 Fixed Term Landacaae Architectural Services 1100 t: -L.AMOUNT OF THIS CHANGE S2.945.oo PO #: 4500014288 Work Order': TLM-MA-G3-24 CONTRACT AMOUNT: ORIGINAL S 77.251.00 CURRENT S 80..00 (8TAR11NG POINT) (INCLUDING THIS CHANGE ORDER) LaatBCC Approved Amount' 77.255.00 {DESIGN INCWDeo IN MASTER PLAN APPROVAL~ (LAST TOTAL Nn. REQUIIUNG lICe APPROVAL) Date of Last acc Approval ADm 22. 2003 Agenda !tam # ~ Cumulative Dollar Value of Change Orders to this ContractlWork Order: S 2.""00 Percentage of the change overhand. cu.....nt contract amount .038 % 3 X \ ~ Formula: (Current Amount r Last BeC approved amount)-1 Results and Actions: If the change exceeds 10% Bee approwl is required; under 10% reported to Bee on Purchasing report. For specific infom.ation regarding work orderthreshotds, ple8se refer to the Contract Administration Procedures, Sec:tion III.CA. CURRENT COMPlETION DATE (S):ORIGINAL: 136 clava for deslan and con::naclmlnistratlon (Taak 6.1 - Construction Admlnl.tratlon to continue to comDlellon of the Ad CURRENT: 1H dava for desJan and conatructlon admInlatl'lltlon (Task 6.1 - Construction _mlnlatratlan to continue to comDletlon of the aroIect) SUMMARY OF PROPOSED CHANGE (S): IdItntIfv the CMnaK.Aftar the c:om:::::: === the... was a chana.tnsco~ to the Irriaation desian of the DI'OiKt chll nalna _ 1__ ___"-_ a well sYStern to a DetabIe ._tern which raaulrecl a chanae In deslan. JUSTlFlCA T10N FOR CHANGE (8): What val_or benefit do theM cha..... Drovlde to the ~ · ThrouGh maint8nance and tIefd InveetIaMIon. It was found 111M the 2...... SYStem ~c-:cted maintenance ....DOII8IbIUties and cornaromJ... the caeahIIItMs of the Motorola . 0 troI to read _Iona Del' mlnu18for each valve. PARTIES CONTACTED REGARDING THE CHANGE: Wnda Jackson. Purchaaina: Gloria Herrera. Budaet analYSt: : Diane Flaaa. Director of ATM. DarrvI Richard. Proied Manaaer for Livinaston Road (Jmmokalee - Countv Wne) IMPLEMENTATtON STEPS (Verify each before pl'OCHding with change using Y, N or NJA) Y Proposed change is consistent with the sc:ope of the exieting agrwment Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being imptemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarã¡ng the change -ReviSCd12l23/04-- . . __'.' '....__ ,"'_.n.. ........_.._...,..., ~_....h. .,., -.....-..--.....-.. ._-.. '.- ..- ,,'.... _,.~"'-._.u._...__...,,_.. (- ........··...·HH..·_··____·"'·· .. . Y pr.oposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This fonn Is to be signed and dated. ~~~BY:~~ ~: ~rð REVIEWED BY:.. . Date: ~ '/I / tJ5 n ct Speci8IiSt , , l - .... Revised 12123104 ..... ....._. .... - .., .-- , ..·,..._.·._..·.·__.n.... .·._.....H..·._..·..... .. ·,·.......H"__._...__._...' ,._. ·..·..···H_·..··H.......... '" -.._ .".... ,"__H' ___H' ._'. Agenda Item No. 16E7 March .11 2005 Page, ~ iff E7 arch 22, 2005 Page 39 of 55 [Ö , CONTRACT MODIFICATION CHECKUST FORM APPROVE BY: Pro PROJECT NAME:Clerks MIS Sit Floor Bldg. F PROJECT #: 50031 BlD/RFP #: Of.P~OD i: / AMOUNT OF THIS CHANGE $500.00 PO #: 4500022525 Work Order #: DA042-04 CONTRACT AMOUNT: ORIGINAL $ 33,385.00 CURRENT $33,885.00 (STARTING POIN'J) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount NIA (LAST TOTAL AMT. REQUIRING sec APPROVAL) Date of Last BCC Approval NlA Agenda Item # NlA Cumulative Dollar Value of Change Orders to this ContractJWork Order: $500.00 Percentage of the change over/under current contract amount 1.50% Formula: (Cwrent Amount I Last Bee approved amount}-1 Results and Actions: If the change exceeds 10% BCe 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):ORIOINAL: 4117/05 CURRENT: 4/17/05 SUMMARY OF PROPOSED CHANGE (S): Identify the changes: Plan layout revision resulting in re-drafting of floor plans, ceiling plan. detailed adjustments, plotting and printing for document re- submission to Community Development for modification to the building permit. JUSTlFICA110N FOR CHANGE (S): What value or benefit do these changes provide to the project? These changes were requested by the Clerk of Courts staff. PARTIES CONTACTED REGARDING THE CHANGE: Dalas Disney, Wayne Fyffe(Clerk of Courts) George Westgate (Surety Construction) IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NIA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is In fact an addition or deletion to the existing scope _ Y _ Change Is being implemented In a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices. fees and costs set forth in the change are reasonable N A110N: This form Is to be signed and dated. Date: ~/~Q 5 Date: ,;{ - ¡--e1! REViEWED BY: Con Revised 12/23/04 r FEB-09-æe5 12: 50 CCLLI ER CO PRK Agenqa Item ~: ~ March 22, 2005 Page 40 fit 55 CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: MANATEE DOG PARK PRGJECT Ii: 80122 BIDlRFP': 03-3480 MOD II: 1 AMOUNT OF THIS CHANGE: SO.OO WORK ORDER ,: PAJ..FT-04-01 PO .: 4500025755 CONTRACT AMOUNT: ORIGINAL '1,100. CURRENT 16,100. (STARnNa POIN'I') (INCLUDING TIll cttANGI ORDER) Last BCC Apprond Amount $0.00· NOT RSQUIRED (I.MT TaTAL AMT. FU!QUllUHQ ace APPROVAL.) Dm of Last BCC Approval: NlA CUmulative Dollar Value of Change Otdel'll to thl. ContractNlork Ordllr: ".00 Percentage of the change overlunder current contract amount: 0% Formula: (Current Amount I Last ace approved amount)-1 Results and Actions: If the ohange exceeds 10% Bee approval Is requirec:l¡ under 10% reported to Bce 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):ORlQINAL: &11012004 CURRENT: 111Il2OO8 r SUMMARY OF PROPOSED CHANGE (S): Identify the ch8llgA. Thla Ch8nge. Order ".. to pravlde i .' addIIIonaI time to the Wcarle. order fqr, ~lttIng ....on..·:, Originally the County PI'Q~MâMger ;" .... W"III8ìId'or ."., ""'.f!irc <:oÏuìU......tD:" 10.'."\"' I*~;J~ ·q~iñ1ïi'rr~~\~ . "·L ··""';~~"~:··'·'í~~ Ì':....,.~ ¡~·ø' .,1 ':':~8;ft~#~:4 - .","~ '''p' ·"¡)(:::t..'~~~39. . "~II'..,..!"r,'.' ,."., -!OIl". .. . '~":::"~?1J. ~. ~.·(.··"'s·'·FW'·· '." "M· '0··' .).;''''h:~~''!.~d..P.'.·''.~III·~'.:·).·,.'."'.·.·.~.·.··,,·,.,,!":!t·;ëõm '~. .. .'n:~;'"~-.¡Ii""' .....,,¡;;·..;;.¡!:;¡¡I':'··;~ï. " ,.. ".. UU1 On~j' ..~_ . an.gem !En;:' . . an :.:"'" .:;''''WlU...,··· mu . n:J . .~ op......... . .'" ··CCDES» are veiy slow to approve proJects, make multiple requesbI for .ddltlonallnformatlon during the revS.. prOC88ll. ... backlogged due to heavy workload.. have Incl"Mled scrutiny of pro)eots, seek consultation trom other agencl.. which 18 very time conlumlnglnd g..fIIlly do not .dh.... to a .. review tlmeœøle. For example, the County informed the consultant that they wanted a USACE. Jurisdictional done on the site. The USACE Informed the applicant that dUll to their workload, they. would not be onsJte for 4 months. Projects of thi8 nature oftentimes take up to two yaare to be approved for. permitting. Ai¡ . result, the consultant requfnla additional time to comple. the environmental permitting for this project. There Is no monetary change BUoclatad with thIs Change Order. JU8T1F1CAT10N FOR CHANGE (9): What value or benefit do th_ chen.. provide to the proJ.8Ot? The ac:Idnlon of time to this prolect wlllllllow the conaultllnt time to complete the environmental permitting 01 this proJect and give the County the opportunity to build the project. r PAR'11ES CONTACTED REGARDING THE CHANGE: Parka and Recreation Dlreotort Public SIIrvI... Administrator. Purchasing Contracts Agent IMPLEMENTATION STEPS (Verity each before prace8dlng with ohlnge using V. N or NlA) 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 with the existing agreement Y The appropriate parties have been consulted regardj!g the change V Proposed prices. fees and CoalS set forth In the change are reasonable Jleviscc112123f04 FEB-09-æes 12: 5121 CCLL I ER CD PRK Agenda Item N~" ~ Marcn 22, 2005 Page 41 of 55 PROJECT M APPROVE BY: J AT1ON: 'I'hIa farm Ie'" be ~ MIl _ Date: ¿:;; . Senior prnjøct Manogør It. . Date: 0/~ ¿)-S Revised 12/23/04 ·-- FEB-Ø9-200S 12: 43 ceLL IER CO PRK P.Ø2 Agend~ Item No. 16E7 March 22, 2005 Page 42 of 55 r CON'T'RACT MODIFICATION CHECKLIST FORM , PROJECT NAME: BAYVlEW PARK DOCK PERMITTING PROJECT #: 80067 BIDJRFP': DS-a48O MOD I: 1 _OUNT OF THIS CHANGE: 50.00 WORK ORDER': PAS-FToo04-Q2 PO I: 4S00026016 CONTRACT AMOUNT: ORIGINAL $4,100, CURRENT 14,500. (STARTING POINT) (lNCLUDINa'MII CHANGe ORDER) Last Bce ApproVIICI Amount $0.00 - NOT REOUlRI!D (LAST TOTAL MIr. MOUlRlNQ ICC APPROVAL) Date of Last Bce ApprDVIII: NJA CUmulative Doll. Valu. of Change orca.... to this ContnetIWork Order: $0.00 . ,1/ ~ of the change overlunder current oontract amount: 0% Fcnnula: (Current Amount I Last BCe approved amount)"1 Results and Actions: If 'the change ~ 10% Bce approvaJ is required; under 10% reported to ace on Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract Administration ProceduI'BS, Section 111.0.4. CURRENT COMPLETION DATE (S):ORIGINAL; 4I18f2004 CURRENT: 1I24l2OO8 (' SUMIIAFtV Of PRoposeD CHANGE (8): Identify the· ch.n.... 111.. ChIInge Order 11 Ie. to provide ~: .'....r~ ,W '. .' ".:~_... ,v .. ,,,,., "1_' Î"; , .,J;ti1#þ¡ appr0v8'proJectS, malÙÌ'multÎpjë fIIqu88ts for''.IßtormatJon during the review procea. .... bIIolclogged due to h_vy workload.. have Ino....... scrutiny of proJecta. øek conlUltatlon fram other agene'" which i. very tlrne-consumlng and genlll'llUy dO not adhere to a .. revt.w timetable. Projects of this nature oftentimes tab over one year to be approved. Also, since the consultant w.. hll'8d, the County decldecI to change the scope of the dock system from a etanclard fixed dook to a disabled ace....ble, floating dock (ADA çprovwd). Thi. dellgn change has ~used . deJay In obtaining the final "'gn ~rlt8rla from the Archlteot (other oon.uttant on job) .. the County h.. been un.ble to locate the exact dimensional requll'8l'Ml1t8 01 the baat required to pick-up ~nø-a It the ADA dock. As. 1'88U1t, thi dellign 0 plana n_cIad to 8Ubmlt to the pennltUng agencies .... not pt available. Aa a ....uat, the consultant requl.... .ddltion.1 tlrntt to camplete the envIronmental permitting for this project. through nc falllt of his own. 111...18 no rnontltllry change a..oclated with this Change Order, tha.·onlytD grant additional time to the work orca.... JUmFlCAnON FOA CHANGE (8): What value or benam do thMe chang.. provide to the project? 'I'M addition of time to this proJect will allow the consultant ....llde time to complete the .mron.......... permitting of thIs project and glva the County the opportunity to build the prolact. through no fault of the oonsultant, the deai8" change of the proJect a. well s. Ine....... environmental permitting scrutiny bBa caused the n_d for additional time to this work order. , r Revised 12123/04 F8rØ9-2æS 12:44 CI1L I ER CO PRI< Agenda Item ~~ ~E7 March 22, 2005 Page 43 of 55 PARTIES CONTACTED REGARDING THE CHANGE: Parkll and "-creation Director, Public Servtcea. Admlnlettatar, Purchalng Can1racts AgIInt IMPLEMENTAnON STEPS (Verify -=h btlfore proceeding with change u.lng Y. Nor NfA) Y Proposed change II consistent with the scope of the existing ag...."ent Y Proposed change is In fact an addition or deletion to the existing scope Y Change is being Impremented in a manner consistent with the existing ~reement Y'The appropriate parties have been consulted regarding the ohange Y Proposed prices, føøs and C08ts set forth In the change are reasonable PROdECT ~~~T1ON: Thls1ann IslD bII"II~. ~d dat8d. APPROVE BY: I Date: ~ ~ J . I ASIJ\; SenIor Projocl Manage,' I REVIEWED BY " Date: ¿;{ 1 / ~ Con S list . Revised 12123/04 _.. ø_ .__. ,~ . . ) Agenda Item No. 16E7 M~c_h 22, 2005 ,~e 44 of 55 CONTRACT IIODtfICATION CHICKUIT FORM PROJECI'~: ~\ ...._~ ?flÙC.. .ear 2fMÞ PROJECI'fJ: ~ .....~i·r~·o MOD 1:--1 AMOUNT OF11IICH.VIGIE'~ 4.1;tn>-t.? 5 QS iIif ø: -=-- Wo* 0rcIIII' I: - CCIN1'IIM:1' AIIOUNf: OJIIIINAL 'S CURRI!NT'.iJ ~ 00 _ !.."\ 0 ....' fìi¡lMWi....... ... BCC AppnMd....... . v c!) (LAIT . ÞllQtnltllllCC......MI /1_ Date of LMt8CC AppnMII tJ!Ir Agenda....... ~ CIIftIUIIdIve Dollar v.... of c....... 0rdIra to Ide C"..II¡~ Order: . ¢ ¢> ~ "........ ØMfundIr...,..--.....-c FonnuIII: (CUnent Arnourt I L8It see tppI'CMd 1IIiOII'1t)-1 ~... and ActionI: If the ~..... 101t Bee IIppnMII II reqund; under 10-. repoItId 10 BCC an PuIdIaIng NIpOft. For apeoIIIo IlIfonMIIon MCIIfdIII8 WOlle order thI'IIhoIdI. ..... ....... to the CoIillllICI AdmIrtllbatlon Prooed&nI. SecIIon II.C.. CURRENT COMPLETION DATE (8):0RICIIIW.= tJ:f.u..o1 CURMNT: 01. "UP. en; ...-ARYOFPROP08EDCHANGE(8): ~_ ~ ,~...__r.r ~..-M'f"" dll-tJ17 ~-oq- ~~-"'1'Ie-~" ~. I!W--~~~"I'D ......_-.. ~~ .-- ~~ ~ ';¡:¡¡;'~ ~~~_ c,__.. .-~ ~~ ~ ~ ".c~~(¿u u~" "^~......, Q.~..-rcr_ 'It ( \ £~~!~~::~~~~- p~ CONTACTED REGARDING THE CHANGE: _ ~tq:' ~ ~. ,. ~~£,l'O~ ~S~.===== .....NI'ATION 8TEP8 CV..,.... ..... pnullldIng'" ........... Y, N or "A) y. ~ cM1ge II CDnIiItent· with the ICOIMt ~.. UItIng IIIrf1I8I"8Ñ ~ ~ chInge 18 In fIIcI..1dd1tlon or dlllllon to" 8XIItIng ICOP8 .x. Ch8nge 18 being ImpItImInted In . "...,.. COLI1Unt with the..... ........ ~ The 8þproprl8tl p8I'tIeI haVe bMn cortUted IWg8I"dInø .... ch8FG8 . .x. ~ ....... .... 8nd cøtll8t forth In the chInge'" n..c..... COMIENT8: iI1QN: PROJECI' IMNAGER APPROVE: D : /. '7. o.s Date: R.evi8ed 9/14104 fþ~ ~-I¥-(ly- FEB-16-2005 13:15 COLL I ER CO PRK P.04 Agenda Item No, 16E7 March 22,2005 Page j~ 55 ............... --···.....-__....._.m._. ... .... I ~ -. ,,- -- .. ."-'~ . -~. ..-. ._~.-. -~._.._.~..__. ......__..... .-....-,... -....."--......-...-,...- .-.,.~ .nH_., _._......._~.___._..__.__.~......__.~"...__,...... ."..__. ~'.... _.~_. _ .._.._......_~ ...._,~..._....._...... "' CONTRACT MODlFlCA110N CHECKUST FORM PROJECT NAME: BAYVIEW BEACH ACCESS (VANDERBILT lEACH ACCESS #7; MANSIONS) PROJECT ,: 90016 BIDIRFP I: 00-8131 MOD I: 1 AMOUNT OF THIS CHANGE: $0.00 WORK ORDER .: PR-MAw03-01 PO t: 4500000835 CONTRACT AMOUNT: ORIGINAL $3,840. CURRENT 51,840. (lTAR11NG POINt) (INCLUDING THIS CHANG! ORD!R) Last Bee Approved Amount $0.00 - NOT REQUIRED (LASTTOTAL AMT. REOUIIUNG ICC APPROVAI,J Date of Lut Bce Approval: NlA Cumullltiw DoliIII' Vlllu. 01 Chanp Ordlm; to thl. ContractJWork Ordltr: $O.DO PercentIIgtt of the chenge owr/Und.r CUmtnt contract amount: 0% Formula: (Current Amount I Last ace approved amount)-1 Results and Actions: If the change exceeds 1 OD~ BCC approval is required: under 10% reported to Bee on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Admtntstratlon' Procedures. SeCtIon 111.0.4, CURRENT COMPLETION DATE (S):ORIGINAL: 8I25f2OO3 CURRENT: 1113012005 SUMMARY OF PROPOSED CHANGE (8): I~ the changea. This Chllftge Oreler.., I. to provide additional time to the work or_ for permitting and clulS" rRSOne. Originally, the County Project M..ager provided an unrealfatlc amount of time (90 clays) for the consultant to .....rch, dealsn, permit, bid, and admlni.... the oanstructIon of the Beech Acoess project. This time frame la unr.ali8ttc because we have come to learn that the normal deal;n and conetructlon time for a project of this nllbø'e (a new beach access facility) can take up to three YMI"8. Becaun thl. praJIICt had to go through Florida Department of environmental Protection (FOEP) Coastal Construction Une Setback (CCSL) fUll pennlttina, .. weU 88 a Collier CeuRty CN..I CGR""~IR. (CCL) p..mt process, the permit tt. was greatly extended. In fact, we are now approaching yaer-. of permitting time. Additionally, the County management required this project to be examined and reviewed by the neighboring property owner's associations which led to dealgn chang.. and rmalon., .. well _ additional time. In anticipation of the pa..,ned tlnal CCI permitting, bidding, building pennltting, end actual construction time; additional time needs to be provided to the work order for th_ IIOtIvIties. There Is no monetary chenge associated with this Change Order, this only to grant additional time to the work order. 889 days are being added to the project time frame to account for all the anticipated design, bldcÐng and o construction processes. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provirt. to the project? The addition of time to this project wiD aDow the consultant realistic time to complete the dalgn, bidding_ permitting, and administer the construction of this project and glva the County the opportunity to build the project. PARTIES CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, PUblic Sllrvicea Administrator, Purahung Contracts' Agent Revised 12/23J04 FEB-16-20Ø5 13:15 CCLLIER CO ~ Agenda Item ~~~E7 March 22 , 292~ Page 46 ,~:r- r···..····· .........-.......--...... ........ ..-.-:........ .........-.........---............. - .......... .....-.--....---. ... ........ ........- .....- r . .__..~~.......__..__ ... M_~.._"_ ..'_" ____" ,~. w __...._."..., ,.. ~_ .... -"..__....~_._.-_....."._.-..,_.... , " IMPLEMINT A110N STEPS (Verify each be10re pl'OCll8dlng with chang_ ualnll V, N or NlA) Y Proposed change II consistent with the &COpe of the existing agreement Y Proposed change Is In faat an addition or deletion to the existing soope Y Change Ie 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 ohange are reasonable PROJECT MANAGER RECOMMENDATlQN: This fonn .. to be signed and dated. 2f¢ c;9,./;¿Jó5 APPROVE BY: Date: (' Revised 12123104 -....-.,... .--,..-. .~. -"--~.--.~.._. ..--..-.... -- ····-··_··_····-·,·-·_-·_···_····__·_....._..n~~..~ ,......_..~.__~___..___.._.__~._.._ _.__. ._...........,_ .._, ._.., ~~ .... ~..._.. ..._......_.,.....".. .' Agenda Item No. 16E7 I . . MarC~2, 2005 Pa 47 of 55 ..-.-..-........... ----...........-.-. ·....·l .. -......--.-..-.."..--.... --... CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Bldg. Frs Floor Renovations PROJECT #: 52525 BlDlRFP II: 02-3349 MOD #: 1 AMOUNT OF THIS CHANGE $2,730.00 PO #: 4500040422 Work Order #: V A"()2-19 CONTRACT AMOUNT: ORIGINAL $ 36,M9.99 CURRENT $39,597.99 (STARTING POIN1) (INCLUDING THIS CHANGE ORDER) Last BeC Approved Amount N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # N/A Cumulative Dollar Value of Change Orders to this ContractJWork Order: $2,730.00 Percentage of the change over/under current contract amount ~ ï. Lt ~ '10 l.1_ Formula: (Current Amount I Last BCe approved amount)-1 '(f r' Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to Bee 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):ORlGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Labor to remove vault door. inC1udin1l disoosal. Labor and material to install 2' -SX6-S" stained birch door in a wook ftame adaoted to the existinll steel fi:ame. includes hinllCS and passal!e lock set. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provicle to the project? These chances were reauested bv the office of ReD. Mike Davis. PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes, SkiD CamD _ 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 reasonabie PROJECT MANAGER RECOMMENDATION: this form Is to be signed and dated. APPROVE BY:-\"--, ~ Date: ~¡'.s/o<;. ~g. REVIEWED BY . r Date: ;¿_I>Z/f Co SpeCI Revised 12/23/04 FEB-17-2æ5 Ø8~39 CCLLIER co PRK Agenda Item ~å.~E7 March 22, 2PQ~ page,48f'P' . . CONTRACT MODIFICATION CHECKUSTFORM PROJEc:r NAME: EAST NAPLES MIDDLE SCHOOL SPORTS UQ~NG PROJECT .: 80018 IIDIRFP It: 014288 MOD t: 1 AMOUNT OF THIS CHANGE: SO~OO WORK-ORDER I: TLC·FT..oM.1 PO:ft: 4800001678 CONTRACT AMOUNT: ORIGINAL '1'.075 CURRENT $16,07&. (IT.umNG POINT) (lNCWDING TItI8 CHANGE ORDER) La8I acc Approv8d Amount SO.OO· NOT REQUIRED (LAST TOTAL !Mf, RllQUlNNQ ace APPfIIOVAL) Date of lII8t BCC Approval: NJA Cumulldlve Doll. Value of Change Orderl to this ContraotlWork Order. ".00 Percentage of the ohange over/under current contract amount: 0% . Formula: (Current Amount / Last BCC approved amount)-1 ' Results and Actions: 1f the change exceeds 10% ace approval is required; under 10% reported 10 BCC ~ Purchasing report. For specific information regarding work oreler threeholds, please refer to the Contract Administration Procedure&, SectIon III.CA. . CURRENT COMPLETION DATE (S):ORIGINAL: 1/1311001 CURRENT: 101141I0OI ,,- SUMMARY OF PROPOSED CHANGE (S): Id..,tIfy the chan~. Thl. Changa Ordtlr'" II to pravl. ( additional time to the work order for permitting and dellgn reasons. Originally. the County ProJect Manager provided an unreall8tlc amount of time (90 day.) for the oonsultant to design, permit, bid, and admlnlat.. the conBtrucUon of the Iportallghtlng at the Eaet Nllpl.. Middle School. this time tra_ Is unrealilllic bKau.. the normal d_lgn and con.wcUon tlm. for a projllct of th.. ~ Is one year. Øecau_ the proJeot Is located on School Board property, their approval Is required and that Is · long pl'OO8l8. The original work order for thll project was negotiated In October 2002; but the project w. shelved for two yeers while the School Board waited to acquire property for I parking lot _panalo~ ,. the &Chool site needed for tM activities plannad for this prDlect. A1J a ...uat. the County did not ..... a Notice to Proceed to the oonsUltant until ocnober 15,ZUU4. 1nl. Chan. 0,. .tb.tt$bI tv ptovldll . additional time for the _Ian consultant to comp" tha de.llln (curntntty at 90% plans), bid. permit, and oversee the construction of the sportsUøhttng at the prolecl "... il no monetary change associated with this Change Order, this only to grant additional time to the work order. 27& day.· are being added to the project time frame to account for all the antloipated design, bidding ..,d conatructlon procuseL JUSTIFICATION FOR CHANGE (8): What value or be"efit do these chang.. provide to the protect" The addition of time to thll project will ..law the con.ultllnt ....lIatlc time to campl_ the de8lgn. blcIcIlng. permitting, IIftd administer the con81ruction of this project and give the County the opportunity to build the projeot. PARTIES CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, Public SllrvIc8a Administrator, Purchallng Contract Speclal.it ,- Revised 12/23/04 "",--- FEB-17-20a5 08:39 CCLL I ER CO PRK P.es Agenda Item No. 16E7 March 22,2005 Page \~fW IMPLEMENTATION STEPS (Verify eaoh before proceeding with change using Y, N or NfA) - Y Proposed change is ooneistent with the scope of the extøting agl1lemønt Y 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 appropriat. parties have been consulted regarding the change Y Proposed prices, fees and COIt8 set forth In the change are reuonable PROJECT MANAGER RECOMMENDATlON:- 1111. form I. to blllIIgn.d IIIId dated. REVIEWED Revised 12/23/04 I r CONTRACT MODIFICATION ·CHECKLl8~ ' \"i:tQ-..,...~ ~i!N I ~"'"' ,. ti PROJI!CT MAIlE: ...f!llMI 8t.f'lfM ~ -sru..øI PROJECT 1t..9 f!) (J) 1IDIRfP..j)/~2Ji :m~ ~ OF TIll CHANøE$ æf ""f StJOO I 8 .-.~I f PO.: . WorkO*rI:..::Ië=-~~-oz... CCINTRACT AIIOIIN1': ORJQINAL 'iI'~\oz.CURREN1' , ~ lit POr (UlCLUDØ118 TIll CHANGI OIIaMt Last BCC Approved AmountS 7 .ðz-,. (LAST TOT ,.., .II!GIMIIIICC APPROVAL) DIda of I..Mt Bee Approval ~& ' Ag....It8m" ~ ¢ Agenda Item No. 161M. ' March 22, 20 ~. t Page 50 of 5 -, ~: . ,.:~. " . CIftU"'" Dol", V.... of Ch.nge Orde,. to th.. ContracttWork Order. $. f % ,.~ of the c'" ........ cumlllt CuObIlCOtIlllOUllt FormUla: (Cunwtt Amount I Last BCC approved amount)-1 Resulta and ActJons: If the c:I'Ienge exceeds 1oeM. ace approval is requinld: under 10% reported to BCC on Purd1aling report. For epecIfIc Infonnation nJglrdlng work order thrMholds, p.... I'8fer to the Contmct Adrnlni8tr8tlon ProœduniII, Section 111.0.4. CURRENT COMPLET10N DATE (S):ORlGlNAL: Of. t.ð.,,5 CURRENT: 0 e¡ :3 o._~S I.IÞ.RY OF PROPOSED CHANGE (I): IIfy .... ella.... S ~ ø r \ JUSTIFIC ~ FOR CHANGE (I): VII'" or ....... do 11_ ..... provide tit tile proJIIct? ~~~~~~¡;i2~~~~. PAJVIES CONTACTED RE~ING THI! CHANGE: ""fi). '<LoA. ~~ --I..f:!2-,.rs~ ~)..:- .-..-..-- -, _LEIENTATION STEPS everly'.ch before proc:aacIIng will cha.... uslnl Y, N or MIA) 'l PropoIed change Ie conùtent with the ec:ope of the existing agreement .,. Propoeed change i8 in fact an addition or dellltion to the existing øcope Y Change is baing implemented. in . manner consistent with the existing agreement ~ The appropriate parties Mve been consulted I8fi18rdlng the change ~ PropoIed pricee, feel and costa .. forth in the change 8f8 reasonable PROJECT MANAGER REC NDA,.IQN: This fonn Is to be .Igned and ...do APPROVE BY. - Date: Þ& .1'· ~ S REVIEWED DIIte: ~- d~-tJS r- Revised J 2123104 æ'd >ièId ro æ I TJro ~~:91 seøe-£~-B3d -._-'~.'~ Agenda Item No. il March 22, Page 5~ f CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: North NaDles Gov. Service Center PROJECT #: ~ BID/RFP #: 99·2930 MOD #: ..L-AMOUNT OF THIS CHANGE $14,185.00 PO #: 106639 Work Order #:BSSW-oO-o7 CONTRACT AMOUNT: ORIGINAL $ 230,700.00 CURRENT $311,500.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $297,415.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval 11/16/04 Agenda Item # 16 E 5 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $80 ,iOO.OO .. ¡¡-. Percentage ofthe change over/under current contract amount"J. 4.74 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: U/K CURRENT: APril 2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This change is to provide professional services for a special inspector for structural observation during construction of the Collier County Government Services Center Facility. JUSTIFICATION FOR CHANGE (S): The North Naples Government Center is currently in the process of securing a building pennit for construction. The additional services are to expedite the issuance of the building pennit and to provide necessary structural inspections for the project PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Ron Hovell , Peter Hayden IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable Date: rQ ;J.¥~S REVIEWED BY: Revised 12/23/04 e e Agenda Item No. 161l'R March'22,201)5 Page 52 of 55 (" CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Em.net SCRWRF 2nd Floor Procea Control Bulldlna PROJECT #: 725091 BIDIRFP t: 01-3235 MOD': 2 AMOUNT OF THIS CHANGE $ 23.000.00 PO t: 4500027872 Work Order #: S8-02-Q4 .5~$'ðO ~ CONTRACT AMOUNT: ORIGINAL $~25.ee CURRENT $ 81.600.00 (''t NGI POI~'" (1NCLUDlNG 1M1I CHANGI ORDER) Last BCC Approved Amount $ ~ ILAlT TOTAL . REQUIRING ICe APPROVAL) Date of LIIst BeC Approwl Agenda Item # Cumulative Dollar Value of Change Orders to this ContractlWork Order: $_24.000.00 " , ~ '1 11((; if¡,,) Percentage of the change over/under current contract amount 4te:t % Formula: (Current Amount / Laat sec approved amount)-1 Results and Action.: If the change exceeds 10% BCC approval i. required; under 10% reported to BCC on Purcha8ing report. For 8pecific Information regarding work order threshold8, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: 11/1412005 CURRENT: 11/1412006 SUMMARY OF PROPOSED CHANGE (8): Identify the chang... Include a Not to Exceecl amount of 123,000,00 for the d88lan of locker room81ntearated Into the design al reauested bv Ç)oer'8tlonl JU8T1F1CATlON FOR CHANGE (8): What value or benefit do th_ change. provide to the project? The.. design chang.. are neceslarv to accommodate male and female lockers that were not Dart of the initial Dratealonal aareement PARTIES CONTACTED REGARDING THE CHANGE: Ooerations (J, Pratt, J. Cheatham)_ IMPLEMENTATION 8TEPS (Verify each before proceeding with change using V, N or NlA) .1:i Proposed change II consistent with the scope of the existing agreement .:! Propoled change Is In fact an addition or deletion to the existing ICOpe ...y.. Change II being Implemented in a manner consistent with the existing agreement .:J.. The appropriate parties have been consulted regarding the change ..::!.. Proposed prices, fees and COlts rth In the change are realonable TlON: This fonn I. to be .Igned and dated. APPROVE Date: 2/1812005 REVIEWED BY: Contra Date: Revised 12/23/04 ------. ---" .; 2''' Agenda Item No ~7 March 2'!: ~5 Page 53 _of 55 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Recvcllng Cente,. PROJECT #: 68003 BIDlRFP #: 03-3427 MOD': PO #: 4500024187 1 AMOUNT OF THIS CHANGE $ q Work Order #: 5S2-G3183 CONTRACT AMOUNT: ORIGINAL S ~76.&OO CURRENT S . 37&.600 (ST~ (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 37&.500 (LAlTTOTAL AMT. REQUIRING see APPROVAL) Date of Last BCC Approval 12/1&103 Agenda Item # 18. C. 16 Cumulative Doll8r Value of Change Orde,. to this ContractIWork Order: S 0 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BeC 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 ,C.4. CURRENT COMPLETION DATE (S): ORIGINAL: 10/6/04 CURRENT (PROPOSED): 416106 SUMMARY OF PROPOSED CHANGE (8): Identify the chang... Work has 90ne DSat estimated date of completion. This mod will add 18 months to original to~1 time to comDlete JUSTIFICATION FOR CHANGE (8): What value or benefit do th... chang.. provide to the project? Work has taken lanoer than antic/Dated due to County oennittina Drocess and deslan chanaes. Also Dreliminarv underaround Investlaation results led to more extensive Investlaatlon eff~rts c;;;~ t;;- ~j;" had to be done at Aimort transfer station than antic/Dated) PARTIES CONTACTED REGARDING THE CHANGE: Solid Waste staff, Fiscal DeDt IMPLEMENTATION STEPS (Verify .ach before proceeding with change usingY, N or N/A) ...:L 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 ..:!.. The appropriate parties have been consulted regarding the change N/A Proposed price., fees and costs set forth In the change are reasonable PROJECT MANAGER RECOMMENDATI APPROVE BY: Project Manager REVIEWED BY: ~~.' __ »1 Con~ 'alíst Revised 12/23/04 2/11/05 'úJHl Date: ~,/ ~a( oS- r CONTRACT MODIFICATION CHECKLIST FORM PROJECT HAlE: PROJECT If. ~ 81D1RFP ~D/".3¿'fð MODI: ~UNT OF T" CHANGE $~ POI:4~& 'i~ SbZ- Work Ordert: CONTRACT AMOUNT: ORIGINAL $ "ZJ. I Lat acc Approved Amount' CUff TOt VA Agenda Item NoZ1 tie:., March 22. 2005 Page 54 of 55 t ~ CUlnuIltln DoIIIir Value of Chllnge 0.....,. to this ContI'IctlWorII: Ordtr: .. fIJ .......... of.... ....... owrIunder c.....t contract IllllDUnt r;£ ~ Fonnula: (CUnnt Amount' Lut BOO approved amount)-1 r Relun. 8nd Actions: If the change ..... 10" Bee approval is requlredj under 10% reported to Bce on PurchasInG report. For 8pIICIfIc infonnllion ....tUng work order threeholds. please ,.,. to the ContrIct Administration Prooedu...., SectiOn III.e.4. CURRENT COMPLETION DATE (S):ORIGINAL: Of.. cø. øG CURRENT: (!)7. 'VO. 0 ~ . 8UIlllARY OF PROPOSED CHANGE (I): identify tile eM DatI of Last BCe Approval Agenda 118m t ( \ JUS CATION FO CHANGE (I): WIIIIt VllIu. Dr benefit do...... c:hangee provide to the prOjeet? ~~s~~~2t~· PA[UlES CONt TED GARDI~ THE CHANGE: q. t.; p .....A.V tI1= ~MI.A~.~ ~~ - IMPLEENTATION ITI,. (VerIfy .... .ror. ¡woceedlnl wIIh change .uslng Y. N or MIA) X Proposed change II conllltei1t with the scope of the exilting øg....ment ~ Propo8Ød change is in fact an eddftfon or deletion to the exilting IcopI X Change is being Implemented In a manner consletønt with the existing agreement ~ The apprcpria18 pIIItieI hwe been consulted regarding the change ~ 'Proposed pr1ces, fees and COIt8.. forth In the change are reeeoneble PROJeCT MANAGER RIC NDATlON: Thle tonn Is to be signed and dåId. " Date: ... ,é/_ .5 Date: ~ /cJ.1 JOr('" . r , Rørised 12123104 sa'd ~ ro ~I11OO tt:9t sæë:-~Z-B3.:: -----"- " .. Agenda Item N~ 16E7 March 2005 Page of 55 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: lIIndscaae Archltectul'll Services for Llvlnaaton Road III 'Pine RIdGe Road _ mm PROJECT #: Fund 313-16317~14000620711 Bid 00-3131 WO TL.....A-03-25 BIDIRFP ':00-3131 Fixed Tenn LandacaD8 Architectural Services 1100 .: ~AMOUNTOF THIS CHANGE $1.472"so PO #: 4600011830 Work Order t: TLM-MA-03.25 CONTRACT AMOUNT: ORIGINAL . 40.036.00 CURRENT $ 41.108.50 caTAATiNG POINT} (INCLUDING THIS CHANGE OADER) Last acc Approved.Amount' 40.036.00 (DESIGN INCLUDED IN MASTER PLAN APPROVAL) (LAeT TOTAL AMT..REQUJRlNGBCC APPJtOVAL) Da. of last BeC Approval Aaril 22. 2003 Agenda Item # 10C Cumulative Dollar Value of Change Orders to this Con1ractJWork Order: S 1.472.50 Percentage of the change over/under current contract amount.e.asr % ~~ ~ ~ 10 Å1_ Formula; (Current Amount I Laat Bec approved amount)-1 0 { Results and Actions; If the change exceeds 10% Bee approval is required; under 10% reported toBCC an Purchasing report. For specific Infonnation regarding work orœr thmholds,please refer to the Contract Admjnistratlon Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL:120 daYS for deslan and ~ admthiatrdon IT_k8.1 -Construction Aclmlnlatration to continue to œn,DletIon of the _. A.C~~~NT: m dava for desiGn and conatructlon administration IT.. 1.1 - CoaatructIon ... amIItt&InItkm to continue to comDletlon of the Droiect) SU....ARy OF PROPOSED,CHANGE IS}: IdentIfv the chanus. After tile co~ct was bid =-:ed. there wa. a chanae In SC0D8 to the IrriGatIon d...an of the Drolect ch8nalnathe Imalltlon -----'- _om a wellavaf8m to a DOtable SYStem which reautred a chanae In deslan. JUSTiFICATION FOR CHANGE (8): What value e>r benefit do theu cbanaes Drovlde to the DI'OIect? · Throuah maintenance and "eld Invutlaatlon. It... found fñtt the 2-wfN svstem NauI,.. added malntManca ...DOII.,bI...... and comDfOm.... the ~DablIItI_ of the Motorola Central Control to....d aallona Der min. for each valv.. PARTiES CONTACTED REGARDING THE CHANGE: Unda Jackson. Purchasina: Gloria Herrera. BucIaêt anaJvlt: : Diane FIaaa. DintCtor of ATM. DarrYl Richard. ProiectManaaerfor Uvingston Road (mmokafee- CountvLine) IMPLEMENTATION STEPS {Verify each befo1Wproceedlng with change uaing V, N or NlAJ V Proposed· change is consistent with theacop8 of the existing agreement V Proposed change Is In fact an addition or deletion to the existing scope V Change is being Implemented in a manner consistent with the existing agreement y The appropriate parties have been consulted regarding the change -- ----RëViSed- 12123'/04 ... -.-...........-»-.. ....-.... ,......,.-... -......-....-.... . "'N'_ ..-........- ,....."...... _..._..~._ _._,_._. ...... _... ~ ..·......_.'N...~......... ... ." .. ..........'.. ...._....... ,._ "_"__"_'N.. _._'ON",_., . ., .-".,-.-.-~--,-~_.,..~_.,._._. Agenda Item No. 16F1 , March 22, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to accept a Sovereign Submerged Lands Easement from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) for construction of a beach nourishment project along the shoreline of Hideaway Beach on Marco Island, at a cost not to exceed $61. OBJECTIVE: To comply with the Florida Department of Environmental Protection (FDEP), Consolidated Joint Coastal Permit requirements for the Hideaway Beach Re-nourishment Project. CONSIDERATIONS: The Hideaway Beach Re-nourishment project includes removing the existing temporary T -groins, placing approximately 240,000 cubic yards of sand and constructing permanent T -groins and a jetty. These structures are planned to be placed on sovereign submerged lands owned by the Board of Trustees and further described as Collier County, Sections 5, 6, 7, Township 52 South, Range 26 East, in the Gulf of Mexico, Class III Waters. The project area extends along the Hideaway Beach shoreline from the entrance to Collier Bay at Royal Marco Point south to FDEP control monument T-128 near South Point. FDEP issued Pennit No. 0222764-001-JC on January 7, 2005, authorizing construction of the project. One of the permit conditions requires that an easement be executed' with the Board of Trustees of the Internal Improvement Trust Fund The Board of Trustees forwarded the attached easement, which has been reviewed and approved by the County Attorney's Office and the Tourism Department. FISCAL IMPACT: The total cost of this transaction will be an amount not to exceed $61 for recording the easement. Funds are available in the project budget and the source of funds is Tourist Taxes. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan as this project is within the limits of the City of Marco Island RECOMMENDATION: That the Board of County Commissioners: 1. Accept the attached Sovereign Submerged Lands Easement and authorize Chairman Coyle to execute same on behalf of the Board; and 2. Authorize staff to record the Sovereign Submerged Lands Easement in the Public Records ofCoIlier County, Florida. PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales Real Estate Services / Facilities Management Department >...-',,,,¥,",,-," Agerlda Item No. 16F1 March 22, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F1 Recommendation to accept a Sovereign Submerged Lands Easement from the Board of Trustees of the Intemallmprovement Trust Fund (Board of Trustees) for construction of a beach nourishment project along the shoreline of Hideaway Beach on Marco Island, at a cost not to exceed $61. Meeting Date 3/22/2005 9 00:00 AM Prepared By Date Toni A. Matt Real Property Supervisor 3/91200512:59:52 PM Administrative Services Facilities Managemenl Approved By Gary Mcalpin Senior Project Manager Date County Manager's Office Tourism 31912005 1 :21 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 3110120059:22 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Offic" of Management & Budget 3111/200510:14AM Approved By Mark Iseckson Budgel Analyst Date County Manager's Office Offlc" of Management & Budget 311312005 10:30 AM Approved By Michael Smykowskl Management & Budget Director Date County M.nager's Office Offic" of Management & Budget 3/141200511:54AM Approved By James V. Mudd County Manager Date Board of County Comm Ission,,1'S County Mallsg"r's Office 3/16/20058:45 AM Age.nda Item No. 16F1 March 22, 2005 Page 3 of 10 This Instrument Prepared By: Kathv C. Griffm Recwring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS EASEMENT NO.~ BOT FILE NO. 110337105 PA NO. 0222764-001-JC THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETII: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Collier Countv. Florida. hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands, if any, contained in the following legal description: A parcel of submerged land in Sections 5. 6. and 7, Township ~ Range ~ in Gulf of Mexico, ÇQUjg County, as is more particularly described and shown on Attachment A, dated March I 2004. TO HAVE THE USE OF the hereinabove described premises from Januarv 7 2005, the effective date of this easement. The terms and conditions of and for which this easement is granted are as follows: I. USE OF PROPERTY: The above described parcel of land shall be used solely for construction of a beach nourishment nroiect alonl!: the shoreline of Hideawav Beach on Marco Island and Grantee shall not engage in any activity except as described in the Department of Environmental Protection, Consolidated Joint Coastal Pennit No. 0222764-00 I-JC, dated Januarv 7. 2005. incorporated herein and made a part of this casement by reference. All of the foregoing subject to the remaining conditions of this Easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. WARRANTY OF TITLE/GUARANTEE OF SUIT ABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. roGmS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RlGms: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGm TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent. shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this casement. 8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions ofthat party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims [42] .,.-.~ Agenda Item No.1 F1 March 22, 2 05 Page 4 0 10 9. YE:ßm: Grantee waives venue as to any lítigation arisiDg from matters relatiDg to this casement IIIId any such litigation between Grantor and Grantee shall be initiated and maÍll1ailled omy in Leon County, Florida. 10. ASSIGNMENT OF EASEMENT: This casement shall not be assigned or otherwise transferred without prior written CODSem of the Grantor or its duly authorized aient. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. II. TERMINATION: The Grantee, by acceptance of this easement, binds itself; its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, sll of the above-descnõed parcel of land shall revert to the Grantor. AU costs, including attorneys' fees. incurred by the Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficiem if sent by U.S. Mail to the following address: Collier County Board of County Commissioners clo Kenneth Humiston, P.E. Humiston and Moore Engineers, Inc. 5679 Strand Court Naples, Florida 34110 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilíties that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessmems or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result fì:om the grant of this easement or the activities of Grantee hereunder. 13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipmem will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipmem after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of al! structures and the right to impose administrative fmes. 14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shan record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded. 16. AMENDMENTS/ MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 17. ACOE AUTIIORIZA TION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army COIpS of Engineers (COE) pemút if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the conunencement of construction and/or any activities on sovereign, submerged lands. Page ..1..... of l Pages Easement No. 40548 Agenda Item No. 16F1 March 22, 2005 Page 5 of 10 18. ADDITIONAL STRUCTURES OR ACTIVITIESlEMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida StatUtes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shaIl not exceed the activities authorized by this easement. t 9. UPLAND RIPARIAN PROPERTY INTEREST: During tbe term of this casement, Grantee must have satisfactory evidence of sufficient upland interest as defined in Rule 18-2 t ,003, Florida Administrative Code. to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this casement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shaIl immediately cease and this easement shall terminate and title to this easement shall reven to and vest in the Grantor immediately and automatically. 20. ACCRETION INTEREST: In further consideration of the issuance of this easement by the Grantor. Grantee consents to the construction and maintenance of the structures authorized bereunder and expressly waives any right, title or interest in and to any accretions or additions to Grantee's shoreline resulting iÌ'Om any activity approved herein. Page -L of l Pages Easement No. ~ . I Agenda Item No. 11F1 March 22. 2Ø05 Page 6 or 10 I WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF TIŒ STATE OF FLORIDA Original Signature (SEAL) BY: Dale Adams. Operations and Management Consultant Manager. Bureau of Public Land Administration. Division of State Lands. Department of Environmental Protection. as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida PrintIType Name of Witness Original Signature PrintIType Name of Witness ST ATE OF FLORIDA COUNTY OF LEON "GRANTOR" The foregoing instrument was acknowledged before me this _ day of . 20_. by Dale Adams. ÜDerations and Mana~ement Consultant Manner. Bureau of Public Land Adminjstratio~~viS;~~ ~:: ~~, Deoartment of Environmental Protection. as allent for and on behalf of the Board of Trustees of the I al v n t Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public. State of Florida DEP Attorney Printed. Typed or Stamped Name My Commission Expires: Commission/Serial No. ATTEST: DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: FRED W. COYLE. CHAIRMAN STATE OF "GRANTEE" COUNTY OF The foregoing instrument was acknowledged before me this day of .20_. by Fred W. Covle as~, for and on behalf of the Board of Co un tv Commissioners of Collier County. Florida. He is personally known to me or who has produced . as identification. My Commission EJlpires: Notary Public. State of Commission/Serial No, Printed. Typed or Stamped Name Page 3- of -l Pages Easement No. 40548 . . '.t','j .)~ to fOi~ltgll suf'fettlle1 ~',IL (\J , A~b~ Assfstant Count1 Attorn., Ett.n T. Chadwell Agenda Item No. 16F1 March 22. 2005 Page 7 of 10 SKETCH OF DESCRIPTION OF A SUBMERGED IAND EASEMENT FOR THE PROPOSED EROSION CONTROL PROJJrf ON A PORTION OF HlD&tWAY BEACH. ~CO ISLAND, FLORIDA LYING IN SECl10NS .s; TOWNSHIP 52 SOUTH, RANGE 26 EAST. Cl1Y OF ~CO JSU.ND, COUlFR COUN1Y, FWRlDA I I '-J SECOON 7 ~1I'..y lI8AaO ~U t í2~ .-::t,;,,*: ....~o ~:~ I$O~ 0'" :;¡: :"'t:r:~ S~~ (JØT'O JCAt.t) VICINllY SKETCH COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT "64-78-A24" FOR A POINT OF REFERENCE; THENCE NORTH. 14'10'42" EAST 6941.05 FEET TO A CONCRErE MONUI1(~~,[Ida Item N ,16F1 . MARKED "H-9"; THENCE NORTH 56'29'37 EAST 3258.99 FEET TO A CONCRETE MONUMENT MARK[ð H- ~arch 2 2005 THENCE NORTH 89'45'04" EAST 139.27 FE£T TO THE MEAN HIGH WATER LINE OF 81GMARCO PASS AS Page à of 10 LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEcnON MEAN HIGH WATER SURVEY FILE NUMBER 3292 AND THE POINT OF BEGINNiNG OF THE PARCEL HEREIN DESCRIBED; THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE: NUMBER 3292; NORTH 71'03'34" WEST 55.93 FEET; THENCE NORTH 50'41'23" WEST 30.76 FEET; THENCE NORTH 25'31'31· WEST 52.43 FEET; THENCE NORTH 17'35'26" WEST 75.46 FEET; THENCE NORTH 43'42'00" WEST 25.22 FEET; THENCE NORTH 66'12'37" WEST 45.37 FEET; THENCE NORTH 88'13'11" WEST 51.56 F[fT; THENCE LEAVING SAID MEAN HIGH WATER LINE, NORTH 28'03'48" WEST 117.45 F[fT; THENCE EAST 206.09 F[fT; THENCE SOUTH 28'23'12" EAST·339.49 FEET; THENCE WEST 79.66 FEET TO THE POINT OF BEGINNING. CONTAINING 1.060 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE GRID BEARINGS BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST lONE, NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT. A'Iì'ACIIMENT A PAGE 6 OF 7 PAGÞ:S EASEMENT NO. 4O!'i48 .'. - ·Õ401 ~ -. J Of' Agenda Item No. 16F1 March 22, 2005 Page 9 of 10 SIŒTCH OF DESCRIPTION OF A SUBMERGED UN!)·FASEMENT FOR 1HE PROPOSED EROSION CONIROL PROJECT ON A PORTION OF HlDE4.WAY BEACH. M4RCO JSIAND. FWRlDA LYING IN SECTION .s; TOWNSHIP 52 SOUTH, RANGE Jþ PAST, cnY OF MARro ISlAND, COLLIER COUN1Y, IWRlDA "'" " " w " " BIG MARCO p~ t DI$F_ BIG MARCO p~ aRAPIDC SCAlZ LJ-1 i (II ...-r) 1_·_ It. LEGAL DPSCRIl'f1ON .. PMC({ QF SUIIII£IfC(D LNIO L'IW«; . . ....-c.o PIUS. LOc.um w SEcrlON 5. ~ 50 SOtffl1. /WIG! t5 WT. œu.ø CIJIJNf'r rLOtIIIIM. 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TŒT; MJC£ CAST 2œ.EtII fCCT; rH£IC[ SOVfN 281J'11" QS1 JJf.ft ra7; »Pet lOT lUll 1m 10 ÐI' POINT OF ICCWMHC. CONI'ANHC '050 ACIfCS ..cw: OR lESS ~ TO E"ASl'WUfrI. ~7!CWS AND ~TJIONS 01 IfCCOItt¡ ar..wNCS ARt '*" ~ IUD> /JPOII M FtOllCM 510101£ Pf.ANE ~rr M1l". EAST 1OHC. NORrH Nl£RfCN' tw.TIM OF PØJ, If" MJ,/C6TJIOfT. H-15 IIIINOT A F1FJ.D SUR\ŒYn .-( Ii: " f * ~r()f'~ F'ÐHR CQI.ST.... ~ comtOl LIf( CQirfTJQ. tIOMNlJ#t -"-7I...4.J" .. ~tø.CUf' tMI£"OII..~l ROrAL ""'00 POINT (Nor BOOK 6. PAGfS " .t 'l) ~ ~ '" ~.. ~ ' <\:: < . i::~ ...:..!< :::0", ~~~ S~~ - ,.....~ Agenda Item No. 16F2 March 22.2005 Page 1 of 2 EXECUTIVE SUMMARY Award RF'P 05-3772 for Collier COUDty Tourism Website Design aDd MaiDtenuce (Estimated maximum eoDtnet amoDDt 592,220.00) to Mßes Media Group. OBJECTIVE: Obtain Board's approval of Committee's selection of firm for professional services related to providing design and maintenance of the Collier County Tourism Website www.paradisecoast.com. CONSIDERATION: On December 20, 2004 RFP #05-3772 was sent out for review of all prospective proposers for the design and maintenance of the Collier County Tourism Website. The following four (4) companies submitted a bid proposals for RFP #05-3772: Innovative Information Technologies, LLC. Miles Media Group Perfonnance Associates USDM.NET This Request for Proposal (RFP) was publicly advertised on December 20,2004. There were 139 notices sent; 61 vendors requested fuU package. A total of 4 responses were received by the due date of January 13,2005. In accordance with Section VllI.B.3 of the County Purchasing Policy, .- the Purchasing Department requested appointment of six (6) member selection committee for RFP #05-3772. A Selection Committee meeting was held on January 14,2005 and after review and discussion of the proposals; the committee by consensus of the members selected Miles Media Group. A contract has been successfully negotiated with the selected ftnn. FISCAL IMP ACI': The total contract price of $92,220 will be payable over a 36 month period at the rate of $2,561.66 per month. This contract is payable 1Ì"om Fund 194 and the source of funds is Tourist Tax dollars. GROwrH MANAGEMENT IMPACT: No foreseeable impacts are anticipated. RECOMMENDATION: That the Board of County Commissioners: (1) Award RFP 05-3772 to Miles Media Group and (2) Authorize the Chainnan to sign the standard, County Attorney approved contract. PREPARED BY: Gail Hambright, Administrative Assistant, COW1ty Tourism Department ,."........., - 1 - '-'P'~;""'--~.""-.'----'- "·'·,,--.....','""'._','..0".',' - Agenda Item No. 16F2 March 22, 2005 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summery 16F2 Recommendation to approve a three year contrect related to RFP 05-3772 for Collier County Tourism Website Design and Maintenance (Estimated maximum contract amount $92,220.00). 3/22/20059:00:00 AM Meeting Date Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 3/10120056:43 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3111/200510:35 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/14/200511:04 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 31141200511 :25 AM Approved By Michael Smykowskl Manegement & Budget DIrector Date County Manager's Office Office of Management & Budget 3114/200511:58 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/14/2005 8:34 PM -~.~---"--,_.., - APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 22, 2005 Agenda Item No. 16F3 March 22, 2005 Page 1 of 2 -~",..- Operating Expenses Emergency Measw-es 3 Emergency Measw-es 4 Community Development AdßÙnistration (001) Budget Amendment #05-263 $3,000 $200 Reserves Reserve for Contingency $(3,200) Total -0- EXDlanation: Overtime worked in response to hunicanes Ivan and Jeanne by a grant funded, Job Bank employee was charged to the grant and not to the proper Emergency Response Cost Centers. Work performed in response to the hurricanes does not meet the grant's Scope of Work and therefore, is not payable by grant funds. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB ~- ,..-.... Page 1 of 1 .--'-,-...,..".., - COLLIER COUNTY Agenda Item No. 16F3 March 22, 2005 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 16F3 Item Summary Meeting Date Approval of Budget Amendment for Emergency Management. 3/22/20059:00:00 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20053:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/20059:23 AM Approved By '-<"1mes V. Mudd County Manager Date doard of County Commissioners County Manager's Office 3/14/200512:38 PM CRA AGENDA ITEM 16G March 22, 2005 Agenda Item 16G 1 March 22, 2005 Page 1 of 9 COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY Approve And Execute The Bayshore/Gateway Triangle Redevelopment Area Executive Director Employment Agreement Between The Community Redevelopment Agency (CRA) And David L. Jackson. OBJECTIVE: Recommend to approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director employment agreement between the Community Redevelopment Agency (CRA) and David L. Jackson. CONSIDERATIONS: On March 7, 2005, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board interviewed David L. Jackson in special session for the position of Executive Director. At that meeting the Advisory Board unanimously approved to recommend to the CRA Board that David L. Jackson be recommended for the position for Executive Director of the CRA. FUND 187 FISCAL IMPACT: The budget for this position was already allocated $65,000.00 annually and will require additional funds annually in the amount of $23,000.00 to be taken from the Bayshore/Gateway Triangle Redevelopment Fund. ADVISORY BOARD RECOMMENDATION: Recommend to approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director employment agreement between the Community Redevelopment Agency (CRA) and David L. Jackson. PREPARED BY: Tammy R. Williams DATE BA YSHORE/GA TEWA Y TRIANGLE REDEVELOPMENT AREA COLLIER COUNTY CRA -1- 4'_._ ..."'"o......~".._"'".,.._,_.._ ......,.~...,"'.._".'_..,., ,.,"-'" Agenda Item 16G1 March 22, 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1681 Item Summary Recommendation to approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and David L. Jackson. Meeting Date 3/22/2005 9:00:00 AM Prepared By Date Tammy Williams Community Redevelopment Agency Administrative Assistant 3/11/200511:20:21 AM Bayshore-Gateway Redevelopment Approved By Tammy Williams Community Redevelopment Agency Administrative Assistant Date Bayshore-Gateway Redevelopment 3/11/200511:07 AM Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 3/11/2005 2:47 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/11/20053:14 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/14/200511:16 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/14/20053;21 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/15/200511 :33 AM -_. --'-'--- Agenda Item 16G1 March 22, 2005 Page 3 of 9 EMœLOYMENT AGREEMENT BETWEEN DAVID L.JACKSON AND THE BOARD OF THE COLLIER COUNTY COMMUNITY REDEVLOPMENT AGENCY THIS AGREEMENT is made and entered into this _ day of , 2005, by and between the Board of the Collier County Community Redevelopment Agency (the "CRA Board", and David L. Jackson. In consideration of the mutual covenants herein contained, the parties do agree as follows: 1. APPOINTMENT OF THE BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken by the CRA Board at its meeting March 22, 2005, David L. Jackson ("Director") was selected to be the Executive Director of the Bayshore/Gateway Triangle Redevelopment Area ("CRA"), retroactive to March 16, 2005. 2. DUTIES: The Director shall perform the functions and duties typical of a person in the position of a Director of a Community Redevelopment Agency. a. Director shall act as the Chief Administrative Officer of the CRA, reporting to and responsible to the CRA Board and be responsible for the day-to-day implementation of CRA programs and activities including CRA staff selection and supervision. b. Director shall devote full time efforts to the CRA and its mission. c. Director shall perform such other associated and legally required duties and functions, as the CRA Board and CRA Advisory Board shall direct. d. Director agrees to perform all such functions and duties, faithfully, competently, professionally and promptly to the best of Director's ability. 3. RESIGNATION: In the event Director voluntarily resigns his position with the CRA Board, then Director shall give the CRA Board thirty (30) days written notice in advance, unless the parties agree to waive such notice requirement. 4. ANNUAL BASE SALARY: Director shall be paid for his services rendered pursuant hereto at the rate of Eighty Eight Thousand Dollars ($88,000) per year, payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. Page 1 of3 -, Agenda Item 16G1 March 22,2005 Page 4 of9 .,- 5. PERFORMANCE EV ALUA TION: After one year of employment the CRA Board agrees to review and evaluate the perfonnance of the Director on an annual basis prior to the CRA budget adoption. CRA Board shall provide Director with a written summary statement of the findings of the Board and provide adequate opportunity for Director to discuss his evaluation with the CRA Board. Based upon said review and perfonnance evaluation, Director's annual base salary may be adjusted in an amendment to this agreement approved by the CRA Board and Director. 6. BENEFIT PACKAGE: CRA Board agrees to provide comprehensive benefit package for Director equal to that which is currently provided to professional personnel of Collier County Government. 7. SICK. VACATION. PERSONAL AND HOLIDAY LEAVE: Director shall accrue leave at the same frequency and with the same carryover and other limitations, if any, as currently provided to personnel under the Collier County Manager's Agency Policies and Procedures. Director will receive a payout for all accrued but unused vacation time consistent with the County Manager's Policies and Procedures regarding payment of benefits at separation. 8. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the reasonable and customary professional dues and subscriptions of Director necessary for his continued professional participation, growth and advancement, including national and state professional organizations. 9. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the reasonable and customary travel and subsistence expenses (in accordance with applicable Florida law), for Director and his staff's travel and attendance at any meetings and conferences, which the CRA Board shall approve. 10. AUTOMOBILE: Director shall receive an automobile mileage reimbursement, payable at the end of each month consistent with the policies followed by Collier County for its employees. 11. LMNG EXPENSES: The CRA shall reimburse David L,. Jackson for hotel expenses and meal expenses from March 16, 2005, through March 31,2005. 12. GENERAL PROVISIONS: a. The provisions of this Agreement constitute the entire understanding between the parties. Only the representations and understandings contained herein shall be binding upon the CRA Board and the Director. No other representations or understandings Page 2 of3 Agenda Item 16G 1 March 22, 2005 Page 5 of 9 are binding on the CRA Board and the Director unless contained in a subsequent, duly adopted and executed written Amendment to this Agreement. b. This Agreement shall be construed and administered in accordance with Florida and any other applicable law. 13. SEVERABILITY: Should any provision of the Agreement be declared by a court of competent jurisdiction to be invalid, the same shatl not effect the validity of the Agreement as a whole, or any part thereof, other than the part declared to be valid. 14. EFFECTIVE DATE OF THIS AGREEMENT: This Agreement shall become effective upon execution by both parties and as otherwise stated in Paragraphs 1 & 11. IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency, County of Collier, State of Florida, has cause this Agreement to be signed and executed on its behalf by its Chair, and du1y attested to by its Clerk and approved as to form and legal sufficiency by the CRA Board General Counsel, and the Director has signed and executed this Agreement, that day and year first written. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: DONNA FIALA, CHAIR ATTEST: DWIGHT E. BROCK, CLERK AGREED TO AND ACCEPTED FOR THE DIRECTOR BY: , Deputy Clerk David L. Jackson Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 3 of3 ,- Agenda Item 16G 1 March 22, 2005 Page 6 of9 February 10, 2005 Search Committee Bayshore; Gateway Triangle Redevelopment Area 2408 Linwood Ave. Suite 11 Naples, FL 34112 RE: Comm unity Redevelopment Agency Executive Director DAVID L. JACKSON 461 Hani.son Avenue, Panama City, FL 32401 850-814-8723 cell; 850-234-8490 fax E-Mail: DavidJackson2002@comcast.net Dear Selection Committee: Please fmd attached my resume for the position of Executive Director, Bayshore/Gateway Triangle Redevelopment Area and thank you for taking time to review and consider it. The Board of Directors is in search of a candidate who wiU come aboard, hit the deck running and lead the Board's economic redevelopment team for the Community Redevelopment Area. I am that candidate. No break-in period required! I know the Florida's economic and community redevelopment programs. For seven years I have been involved in urban redevelopment and for 4.5 years I successfully guided Panama City's three community redevelopment areas, do-town development authority, and main Street program. I also led three diverse communities visions and most importantly achieved their revitalization goals. I will bring with me vast knowledge. experience and a very broad background: · Successfully demonstrated hands-on experience m economic development: · Simultaneously directed three diverse Community Redevelopment Areas · Director of a Business Improvement District (BID/DDA -self-tax district) · Oversight of the National Main Street accredited Main Street program · Trained by: · Florida Department of State -Department of Community Affairs · Florida Department of State -Main Street ProgramfHistoric Preservation · Florida League of Cities -Growth Management · Florida Redevelopment Association -Community Redevelopment Agencies · Intimately familiar with operationirequirements of city and county governments Though I do not have the "fonnal" degree in planning or public administration, I have years of experience through hands-on operations in the public sector as a City employee and CRA/DDA hired executive director. I have successfully worked in the governmental sector and in the urban economic development and community redevelopment fields, all with unbridled. documented success. I know the programs and processes to achieve success. Combine the above experience with the highest personal integrity, maturity, drive and proven track record of success and you have a candidate worthy of interview for the team. . (-, David L. Jackson-" ,- DAVID L. JACKSON Agenda Item 16G1 March 22, 2005 Page 7 of 9 461 Hatrison Avenue, Panama City, FL 32401 850-814-8723 cell; 850-234-8490 fax E-Mail: Davidiackson2002-çomcast.net OBJECTIVE Executive Director -Bayshore/Gateway Triangle Redevelopment Area PERSONAL PROFILE Overall. A team player that possesses the demeanor, protocol and experience to direct, lead and successfully manage assigned economic development programs through community participation, professional consulting, and personal assistance with tried and true techniques. Written comprehensive Plans of Action and Milestones for six different public organizations, detailing achievable short- and long-range goals and budgets; then personally managed each to successful (award winning) conclusion. PROFESSIONAL REDEVELOPMENT ACCOMPLISHMENTS Strong Organizational Skills. Ability to simultaneously coordinate multi-faceted activities with varying priorities and deadlines. Able to develop and implement achievable goals and set production time lines to achieve desired results. Preparation of Strategic Redevelopment Plans: . S 106,000 Panama City Strategic Master Plan for redevelopment of historic urban areas. o Wrote RFQ/RFP in search of qualified consultant to develop City regional strategic plan. Worked with consultant in writing the plan that contained all three CRA's and DDA's redevelopment strategies to keep the urban areas competitive in the growing county. . 830,000 community visioning project in areas historic African-American business district. o Worked two years laying the groundwork for a future main street program in this depressed neighborhood. Gathered community leader support for a community-based VlslOmng process, which resulted in a CRA funded, 14 month project. They developed a localized strategic plan and a plan of action and milestones to achieve their vision. Facilitate Project Financing, Permitting, Design and Construction: . Annually worked with CRA and DDA Boards to compile fiscal year goalstobjectives and then budgeted for prioritized projects. Wrote plan of action and milestones to schedule work, published RFPs to contract design and construction. o $300,000 architectural design of 5-story public parking garage (S4.5M construction) c 8850,000 purchase of II-acre historic railroad depot site with circa 1926 building c' SI M sale of industrial brownfield site for commercialresidential redevelopment a S 53,000 creation of public pocket park alley-throughway to Historic Register building .Worked with CRA Boards and community business groups to improve major transportation routes through beautification and pedestrian access design. Wrote RFP for landscape design, applied for - Agenda Item 16G 1 March 22, 2005 Page 8 of 9 and received two FDOT grants, contracted and managed landscape installation. o S 146,000 landscapelhardscape project 13 blocks long (FDOT grant CRA match) a S 150,000 landscape and hardscape project 5 blocks total (FDOT grant) 5 85,000 landscape and hardscape project 3 blocks total (CRA funded) a $116,000 5 block business district bump-out landscape project (FDOT ± CRA match) Page 2, David L. Jackson (Executive Director -Bayshore/Gateway Triangle Area) Propose Capital Program and Budgets: · Worked with City Manager and community representatives to build a localized list of projects for the City's Capital Improvements Program. Phased in the projects over 5 years and assigned City funds to each project, then wrote grants to leverage City/CRA match dollars. o S 122,000 community water:&ont park pavilion construction grant (NOAA -rCRA match). o $ 50,000 community pocket-park renovation through recreation grant (FRDAP) a S 35,000 community bay front boardwalk construction (DCA-Water:&onts Florida) o S 50,000 community dune walkover with birding trail observation stages (FCMP) ·Contracted design, construction and installation of signage projects. o S 95,000 and $20,000 community 'entrance' signage projects (CRA funded) a S 10,000 traffic and pedestrian guidance/information signage (CRA funded) CRA I DDA [MUNICIPAL GOVERNMENT EXPERIENCE Knows the Process. Extremely knowledgeable in the operations and processes of city manager form of government to include operations, taxes (TIP), budgeting (general fund/capital improvement), programs and economic development. Worked for appointed CRA and DDA type Boards. Supervise and Administer Daily Functions of the CRAs: · Served as the City of Panama City, Florida Executive Director of three CRAs and Downtown Improvement Board (a 3 mu taxing DDA). Each Board is City-appointed. o Supervised a non-city staff ofthree, one city assigned employee o Wrote and administered separate TIF and DDA budgets (STM .audited annually) o Conducted 15 CRA sponsored community' events with a total budget of 8200.000 a Sat as CRAlDDA representative on three community-based not-for-profit committees · 200 1-2004 -Economic Development: 44 net new businesses. 148 net new employees, 51 buildings purchased/renovated, $1 4.35M public/private investment, property values increased net 20% · Administered business recruitment and retention programs, Storefront Grants Programs, Public Infonnation and advertising campaigns, homeless (transient) trespassing issues, code enforcement action on negligent building and property owners, and parking issues. EMPLOYMENT mSTORY 2000-2004 Community Redevelopment Agency IDDA Executive Director, Panama City. FL 1997-2000 Waterfronts Florida Project Director, Panama City, FL 1995-1996 Senior Analyst -Department of Defense, LOGICON. Inc.. Arlington, VA 1971-1995 U.S. Navy -Last location Suitland, MD! Pentagon 1992-1995 Agenda Item 16G 1 March 22, 2005 Page 9 of 9 EDUCATION Master of Science, Systems Management, University of Southern California (USC) Bachelor of Science, Engineering, Florida Institute of Technology (FIT) Seminar XXI, Foreign Politics, International Relations, Massachusetts Inst. of Tech (MiT) REFERENCES Mr. Daniel Duda, Bay Solutions, 850-763-4332 (wk); 850-874-1217 (hm) Mr. Dick Lovejov, The Antique Cottage, 850-769-9503 (wk), ashlovejoy@aol.com Ms Debbie Glick, Main Street, 850-785-2554 (wk), debbie.glick@comcast.net Mr. Dwight Hicks CRA Chairman 850-763-0731 (wk) o ~. 5 160ge1 of 5 MARCH 22,2005 Community Redeveloøment Aaency Executive Summary Recommendation to approve and execute the Site Improvement Grant Agreement between the Community Redevelopment Agency and the grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. Objective: To approve and execute the Site Improvement Grant Agreement between the Community Redevelopment Agency and grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. Considerations: On April 30, 2002 the Community Redevelopment Agency approved the creation of Site Improvement Grant programs for the Bayshore/Gateway Triangle Redevelopment Area. The purpose of these grants is to revitalize the area by providing a matching grant that will encourage the private sector to invest in the area. The grants require at least a 50% match from the applicant and will be funded by tax increment funds. The Bayshore/Gateway Triangle Local Advisory Board approved the following Site Improvement Grant Projects from the following applicants: 1. Sharon King, Residential Rehab, Grant Amount $5,152.50 Fund 187 fiscal imDacts: The Site Improvement Grant may provide up to 50% of the cost of improvements, up to a maximum grant amount of $8,000. A maximum of $5,152.50 will be funded for the approved Site Improvement Grant projects. Advisory board recommendation: To approve and execute the Site Improvement Grant Agreement between the Community Redevelopment Agency and grant applicant within the Bayshore/Gateway Triangle Redevelopment Area. Recommendation: Recommendation that the CRA Board approve the Site Improvement Grant attached agreement with Sharon King in the Grant Amount of $5,152.50. Prepared by: Tammy Williams, Secretary Bayshore/Gateway Triangle Redevelopment Area Collier County Community Redevelopment Agency -1- '.-.'.-'...,...'''."..,."......,-..,..-.,---- - Item Number Item Summary Meeting Date Agenda Item No. 16G2 March 22. 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G2 Recommendation to approve and execute the site improvement grant agreement between the Community Redevelopment Agency and the grant applicant within the BayshorelGateway Triangle Redevelopment Area. 3/22i2005 90000 AM Prepared By Administrative Assistant 3/11/200511:17:15 AM Tammy Williams Community Redevelopment Agency Date Approved By Bayshore-Gateway Redevelopment Tammy Williams Community Redevelopmellt Agency Administrative Assistant Date Bayshore~Gateway Redevelopment 311112005 10:44 AM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 3115120054:58 PM Assistant County Attornf!Y Date Approved By Patrick G. White County Attorney County Attorney Office 3116120058:41 AM Approved By Michael Smykowski County Manage,'s Office Management & Budget Director Date Offic" of Managem"nt & Budg"t 3116/2005 11 :51 AM County Manag", Oat" Approved By James V. Mudd Board of County Commissioners County Manager's Office 3116120054:04 PM 33;14/2005 12:25 2397754456 BAVSHORE/GATEWAV CRA PAGE B2/04 Agenda Item No.16G2 March 22, 2005 Page 3 of 5 . GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHOIŒ/GATEWAY TRIANGLE REDEVELOPMENT AREA TInS AGREEMENT ENTERED thi~ ~ day of . . ~y and between the ~ count. Conununity Redevelopment Agency (hemnafter referred to as "CRA") and ên It j (bereinaftc:r collectively refmed to as "Owner"). WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Comm.issionOlS delegated authority to 1be CRA to award and ~ittister eRA grants inclw.ting contracts with owners fur CRA grants; and WHEREAS, owner has applied for a site improvement graD! in the aumunt of SK.:l.? dollars; and WHEREAS. the CRA has determined that Owner meets the eligibility requirements and Wß~ a:oDroved f9r.ß. grant award in the amOUD1 of S/~.S1l dollars on , _,.' ." ~ ~ð~C'CRA Approval"), which is 6D % of the costs to construct the ~ite iniþrovemenfs. NOW, THEREFORR in consjderation of the mutual covenants contained. her:ein and o1her valuable consideration, 'the parties agree as follows: 1. Owner acknowledges to the eRA that Owner høs rc:ceived Ii copy of the Collier County Community Site Improvement Grant Program (hereínø.fter refeIred to as "Grant Program"), that Owner bas read the Grant Progt"am, and that Owner has had ample opportunity to discuss the Grant Program with OwneJ:'~ counsel or advisor. Owner further acknowledges to the CRA that Owner understands' and agrees to abide by all of the terms and conditions of the Gxant Program. Owner agrees to the terms and conditions of the Grant Program, a copy ofwbich is atœched as Exhibit "An and incorporated hcrein. 2. Owner is the record owner ofproperty described as 33 Ð7 (I ~r¡ ~ ~ 3. Owner has agreed to maIœ certain ~ovements to the property pursuant to the grant application submitted to the CRA dated ;;æp¡'" Æ~ ., ._;l·Or;# . . (me "Site . Improvements") 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. ~er also agrees to fund at least 5()Ø.Io of the costs of the Site Improvements. 3 14/2005 12:25 2397754456 BAYSHORE/GATEWAV CRA /".,-..., Agenda IterR~ 1a;mt04 March 22, 2005 Page 4 of 5 -1 ~ 5. CRA has approved a grant to Owner in the amount of S 15~ ;;;1'''' to be aÕp1inistered purswmt to the terms of this Agreement based on an estimated cost of :; I ,~. ~ C5: au. If the actual costs ate less than. the estimated costs to constrUct the Site Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement COlts approved for funding by the CR.A. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, sba11 serve as a con1Iactor or subcontractor for the construction of the Site Im.provcmems and no Owner, or any immediate relative of Owner, sbaU receive compensation fur labor fur the coDSIIUctÍon of the Site hnproveme.rns.. An iJ:mnediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law. firther-ín-Iaw, brother-in-law and sister-in-law. . . 7. Owner agrees to obtain all neccssøry permits and submit any required plans to the Coun1:Ys Community DevelQpmCDt and Enviroømenta1 Services Division. Upon completion of the work, Ownec shalt $tÙmÎt to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniqUA::S used, a list of architects and/or contractors, and any other information. specific to the project or requesœd by the CRA staff: The CRA, through its staft; shall confirm that the Site !mprovcmenB were constructed ptUSUaDt to the terms oftbc application approved by the CRA. 8. Withio. furty-ñve (45) .days uœr con.tirmation that the. Site Improvements were ~ pursuant to the tenns of the approved app1iœtion, Owner sba1I be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the çproved application, or if the project is not completed within one (1) year of CRA appro~ or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant sba11 be dc=emed R:Vaked and Owner shaJ1 be erJtitled to.o.o ñmñilJ8. 9. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 10. This Agreement contains the entire agteeInent of the parties and their representatives and agents, lWeI incorporates all prior unde.rstmw2j~ whetber oral or written. No change, modification or amendment, or any representation, promise or condition, or any wai\'Cf, to this Agreement sba1l be binding unless in writìng and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner. and may not be assigned or transferred by Owner or 10 Owner's respective heirs, personal representatives, successors or assigns without the prior wm= consent of1he CRA. 03/14/2005 12:25 2397754456 BAVSHORE/GATEWAV ORA Agenda Itehffi5. 1 @&204 March 22, 2005 Page 5 of 5 IN WITNESS WHEREOF, the parties have ~ecuted this Agreement on. the date and. year first written above. OWNER: ~J~ Wímess tore ~tJ!!ltØn~ . NIiUlC (2) -L:, -' <. 'L 17- p.f.. sS~ f)1i-/. L. /t)~ PrintedfI'yped Name , ~ i'ki By:", -3 ~.... . \ =:::; h,.,,, toe, Ò _ !¿'.~ Printed/Typed Name ATfEST: D\VIGHT E. BR~ Cle;rk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman ~ Approved as 10 fOnn and legal sufficiem:y; Patrick G. Assistant County AttorneY .......-.--_._-- ,_..... ..",--......,....,.-....,.,. EXECUTIVE SUMMARY Agenda Item No. 16H 1 March 22, 2005 Page 1 of 3 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 functionJevent 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, socia~ professional, trade, homeowners, ethnic, and civic associationJorganizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Economic Development Council of Collier County Membership Meeting and Mixer PUBLIC PURPOSE: To represent District 5 and learn more about "The Economic Trends in 2005 and Forward't from speaker Dr. David M. Jones and interact with other government representatives and community leaders. DATE OF FUNCTIONIEVENT: March 31, 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 to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak:, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: March 14,2005 .- COLLIER COUNTY Agenda Item No. 16H 1 March 22,2005 Page 2 of 3 BOARD OF COUNTY COMMISSIONERS Item Number 16H1 Item Summary Commissioner Coletta requests Board payment to attend the Economic Development Council of Collier County's Membership Meeting and Mixer on March 31, 2005 to be held at the Registry Resort & Club. This event will allow Commissioner Coletta to represent District 5 and learn more about "The Economic Trends in 2005 and Forward" from speaker Dr. David M. Jones and interact with other government representatives and community leaders. Meeting Date 3/22/20059:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 3/14/20054:20 PM pproved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/14/20055:12 PM Agenda Item No. 16H 1 005 of 3 ThursdaYI March 311 2005 The Registry Resort & Club · 3:45 p.m. - 5:30 p.m. Register today for March 31 Membership Meeting and Mixer! The March 31 st Meeting & Mixer will feature David M. Jones, President & CEO of DMJ Advisors and Senior Economic Advisor to Mizuho Securities. Dr. Jones has authored numerous books on the subìect of Federal Reserve policy and is a frequent commentator on CNBC, CNN, PBS and other television network and cable new shows. He is widely regarded as one of the foremost experts on Fed Policy and the Financial Markets. Dr. Jones will focus on the topic: "The Economic Trends in 2005 and Forward." Southwest Florida's top executives, government representatives and community leaders attend these afternoon meetings. A cocktail reception is held immediately following the meeting. ATTENDEE INFORMATION Name(s) Jim ßoletta c Company Nome: Collier County Government Address: 3301 East Tamiami Trail Phone Number: ( 239~ 774-8097 E-mail: jimcoletta@colliergov.net Method of Payment JËJc Check 0 Credit Cord (Amex, MC or Visa) Amount $ 35 00 Account Number: Signature: Nome as it appears on card: $25 EDC Members - $35 non-members Exp Date: Complete and Return by fax to 263-6021 or e-mail: events@enaplesflorida.com Economic Development Council of Collier County 3050 Horseshoe Drive # 120 Naples, FL 34104 o Please send me information on Future EDC event sponsorship opportuni1ies Event Presented By Wachovia EDC Benefactor Investor Event Sponsors: Hahn, Loeser & Parks, NAI Southwest Florida BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 22, 2005 Agenda Item No. 16/1 March 22, 2005 Page 1 of 3 FOR BOARD ACTION: 1. MISCELLANEOUS 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: 1. Disbursements for January 1. 2005 through January 7. 2005. 2. Disbursements for January 8. 2005 through January 14. 2005. 3. Disbursements for January 15.2005 through January 21. 2005. 4. Disbursements for January 22. 2005 through January 28. 2005. 5. Disbursements for January 29.2005 throueh February 4.2005. 6. Disbursements for February 5.2005 through February 11. 2005. 7. Disbursements for February 12. 2005 through February 18.2005. 8. Disbursements for February 19.2005 through February 25. 2005. B. Minutes: 1. Parks and Recreation Advisory Board - Agenda for February 16, 2005; Minutes of January 19,2005. 2. Lely Golf Estates Beautification M.S.T.U. - Agenda for February 17, 2005; Minutes of January 20, 2005. 3. Radio Road Beautification MS.T.U. - Agenda and Minutes for February 15,2005; Minutes of January 18,2005. 4. Vanderbilt Beach M.S.T.U. - Agenda for March 3, 2005 and Minutes for Feb. 3, 2005. 5. Coastal Advisory Committee - Minutes for January 13, 2005. 6. Collier County Citizens Corps Advisory Committee - Agenda and Minutes and February 16,2005. H:Data/Fonnat C. Other: 7. Agenda Item No. 1611 March 22, 2005 Page 2 of 3 Collier County Airport Authority - Minutes of February 14, 2005; Voting Conflict Form for Robert E. Doyle. 8. Forest Lakes Roadway and Drainage M.S.T.U. -Agenda and Minutes for March 9, 2005; Workshop Agenda for February 23, 2005. 9. Environmental Advisory Council - Agenda and Staff Report for March 2, 2005; Minutes for February 2,2005. 10. Collier County Planning Commission - Agenda for March 3, 2005; Minutes for January 20, 2005 and February 3, 2005. 11. Collier County Domestic Animal Services Advisory Committee - Minutes of February 15, 2005. 12. Bayshore Beautification M.S.T.U. - Agenda for March 9, 2005 and Minutes for February 9,2005. 13. Development Services Advisory Sub-Committee - Budget and Operations Sub-Committee - Agenda and Minutes of February 9,2005. 14. Pelican Bay Services - Agenda for March 2,2005; Minutes of February 2, 2005; Statement of Revenues and Expenditures. a) Budget Sub-Committee - Agenda for February 16,2005; Minutes of January 19, 2005 and February 16, 2005. b) Clam Bay Sub-Committee - Minutes of February 2,2005 15. Collier County Library Advisory Board - Agenda for February 23, 2005; Minutes of January 26, 2005. 16. Collier County Hispanic Affairs Advisory Board - Agenda and Minutes of December 16,2004; Agenda and Minutes of January 27,2005. 1) Letter to Robert Murray from Hole Montes, dated February 8, 2005, Contract # 04-3698 for the Airport Authority Consulting Services. 2) Caribbean Gardens Blue Ribbon Committee - Minutes for January 18, 2005. H:Data/Format COLLIER COUNTY Agenda Item No. 1611 March 22, 2005 Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Item Number 1611 Item Summary Meeting Date Miscellaneous Items to File for Record with Action as Directed. 3/22/20059:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 3/1012005 11 :34:44 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 3/1012005 12:30 PM pproved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/10/2005 7:02 PM .- --~-_.~_.._._--_._---- EXECUTIVE SUMMARY Agenda Item No. 16J 1 March 22, 2005 Page 1 of 2 ..".,..".. THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTWE: To have the Board of County Commissioners make a determination whether the purchase orders opened ITom February 19, 2005 through March 4, 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 February 19, 2005 through March 4, 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: c. Date: 3}C¡! OJ' Constance C. Murray General Operations Manager Reviewed and ~ ~ Approved By: . . .-~ . J s L. Mitchell Director of Finance and Accounting Date: -~A~S'~ ,-. ''''.".-..,),..,,, ,- Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY Agenda Item No. 16J 1 March 22, 2005 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS 16J1 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 from February 19, 2005 to March 4, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. 3/22/20059:00:00 AM Management & Budget Director Date Office of Management & Budget 3/11/2005 1 :41 PM .pproved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/11/2005 2:44 PM - --....--.-----,- -.. Agenda Item No, 16J2 March 22, 2005 RECOMMENDATION TO RECOGNIZE $1,000,000 OF RESERVES IN FUND 178, COU~ge 1 of 3 INFORMATION TECHNOLOGY FEES AND INCREASE THE TRANSFER TO THE CLERK OF THE CIRCUIT COURT IN THE SAME AMOUNT EXECUTWE SUMMARY OBJECTIVE: To have the Board of County Commissioners recognize $1,000,000 in reserves in Fund 178, Court Information Technology Fees, and increase the transfer to the Clerk of the Circuit Court in the same amount. CONSIDERATIONS: On November 3, 1998, the voters of the State of Florida passed Revision 7, which amended Article V of the Florida Constitution. Article V deals with the State's Judicial Branch and Revision 7 significantly changed the way courts are to be funded. Through Legislative action during the 2004 session, the funding mechanism for court-related technology needs was clearly defmed. Included in this legislation was an additional service charge of $4 per page to be paid to the Clerk of the Circuit Court for each instrument listed in s. 28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records. From the additional $4 service charge collected: · $.10 shall be distributed to the Florida Association of Court Clerks and Comptroller, Inc., for the cost of development, implementation, operation, and maintenance of the clerk's Comprehensive Case Information System; · $1.90 shall be retained by the clerk to be deposited in the Public Records Modernization Trust Fund and used exclusively for funding court-related technology needs of the clerk as defined in s. 29.008(1)(f)2. and (h); · and $2 shall be distributed to the board of county cornmissioners to be used exclusively to fund court-related technology, and court technology needs as defmed in s. 29.008(1)(f)2. and (h) for the state trial courts, state attorney, and public defender in that county. ",.-..~.. During the fiscal year 2004 - 2005 budget preparation cycle, the Clerk through his Finance Director discussed this funding mechanism with the County Manager. During these discussions, the Clerk's Office outlined to the County Manager its aggressive capital campaign in the court's arena. Included in this court's capital campaign are several initiatives, which when completed will enhance the productivity of not only the judiciary, but also the state attorney and the public defender. Enhancements are currently under way to implement an imaging and workflow automation system into the Domestic Violence Unit. It is the Clerk's intent to extend both the imaging and workflow automation to all facets of the court system.. This would allow the judiciary, along with the state attorney and public defender, to access all documents related to a case on-line. In addition, the ability to not only view the documents in the courtroom but to also capture and print documents is included in this campaign. The Clerk's Office has had subsequent discussion with the County Manager who is in favor of providing the funding to the Clerk for these enhancements as the funds derived from this source have an extremely limited authorized use. FISCAL IMPACT: Reserves in the amount of $1,000,000 will be recognized in Fund 178, Court Infonnation Technology Fees, and an increase to the transfer to the Clerk in the same amount. GROWTH MANAGEMENT IMPACT: There is no growth management impact to this item. RECOMMENDATION: That the Board of County Commissioners recognize $1,000,000 of reserves in fund 178, Court Infonnation Technology Fees and increase the transfer to the clerk of the circuit court in the same amount Prepared By: ~.ç~ J s L. Mitchell, CIA, CFE D ector of Fmance and Accounting Date: 3 /~s'lö j,'/ I Reviewed By: Date: 3 II c¡ / Ò,) - / f ,..,II-~. Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No, 16J2 March 22, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J2 Recommendation to recognize $1,000,000 of Reserves in Fund 178, Court Information Technology Fees and Increase the transfer to the Clerk of the Circuit Court in the same amount 3/22/20059:0000 AM Management & Budget Director Date Office of Management & Budget 3/16/2005 11 :42 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/16/20054:52 PM Domestic Violence Imaging and Workflow Automation Agenda !~íWf(JJ. q~J2 March 22. 2005 Page 3 of 3 Sue M. Barbiretti From: Hugh Hayes - Circuit Judge Sent: Tuesday, February 15, 2005 2:24 PM To: Sue M. Barbiretti Cc: Judges-Collier; JA-Collier Subject: RE: Domestic Violence Imaging and Workflow Automation Dear Sue: This appears to expedite the process and save a tremendous amount of time... presuming the judge looks at his/her computer and is computer literate, which all of our judges thankfully are. Please proceed with your plan and keep us posted. Hugh D. Hayes -----Original Message----- From: Sue M. Barbiretti [mailto:Sue.Barbiretti@clerk.collier.f1.us] Sent: Monday, February 14, 2005 2:41 PM To: Hayes, Hugh Cc: Brock, Dwight Subject: Domestic Violence Imaging and Workflow Automation Dear Judge Hayes, Dwight asked me to send you this copy of the proposed system that will enable the Clerk's office to provide Domestic Violence information to the judiciary. Please review at your convenience and let us know if you approve. Thank you. Respectfu lIy, Sue «Domestic Violence Imaging & Workflow Automation.tit» ********************************************************************** Court Administration 20th Judicial Circuit ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This footnote also confinns that this email message has been swept by MAILsweeper for the presence of computer viruses, WORMS, Hostile- Scripts, and other email born network threats. ********************************************************************** 3/14/2005 EXECUTIVE SUMMARY Agenda Item No. 16K1 March 22, 2005 Page 1 of 4 RECOMMENDA TION FOR THE BOARD OF COUNTY COMMISSIONERS TO ALLOW RONALD J. ECHOLS, PH.D., MARY W. ECHOLS AND JOHN CUMBERLIDGE TO GO ONTO LAND RECENTLY ACQUIRED THROUGH THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE PROGRAM FOR GEOLOGICAL RESEARCH PURPOSES. OBJECTIVE: To have the Board of County Commissioners allow Ronald 1. Echols, Ph.D., Mary W. Echols and John Cumberlidge onto land recently acquired through the Conservation Collier Land Acquisition Advisory Committee Program so they may conduct geological research. CONSIDERATIONS: Dr. Echols, Mrs. Echols and Mr. Cumberlidge are Ambassadors of the City of Naples Community Services Department and are volunteers for The Naples Preserve. They believe there is a potential to discover interesting geological information through research on the property. ~,-, , A Land Access Request and Release signed by Dr. Echols is attached, which releases the County from liability while the research on the property is being conducted. Mrs. Echols and Mr. Cumberlidge will execute the same release. FISCAL IMPACT: None known. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board authorize and accept the release of liability and allow the named members of this group to access the land for geological research purposes. PREPARED BY: Michael W. Pettit, Chief Assistant COWlty Attorney ,..-. 1 COLLIER COUNTY Agenda Item No. 16K1 March 22, 2005 Page 2 of 4 BOARD OF COUNTY COMMISSIONERS Item Number 16K1 Item Summary Recommendation for the Board of County Commissioners to allow Ronald J. Echols, Ph.D., Mary W. Echols and John Cumberlidge to go onto land recently acquired through the Conservation Collier Land Acquisition Advisory Committee Program for geological research purposes. Meeting Date 3/22/2005 9:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 3/11f2005 10:39 AM Approved By OMB Coordinator Administrative Assistant Date .-County Manager's Office Office of Management & Budget 3/11/200510:56 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/11/2005 1:44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/11/20054:51 PM - -~._----~ B3/6S/2aa5 14:22 239213296B CC ENVIRO SERVICES D PAGE E\2 Agenda Item No. 16K1 March 22, 2005 COUlER COUNTY Page 3 of 4 ENVIRONMENTAL SERVICES DEPARTMENT Nortb Horseshoe Drive #201 · Naples. Florida 34104 " 239·732-2505 · FAX 239-213-2960 CONSERVATION COLLIER PROGRAM LAND ACCESS REQUEST AND RELEASE WHEREAS, the Conservation Collier Land Acquisition Advisory Committee. part of the Collier County Environmental Services Department, dc)es allow Individual. to conduct researd1 on our lands. These activities are for the purposes of Information and learning; and, WHEREAS, the undersigned fully understands that tt1i$ request involves a potential danger and/or exposure to hazardous condrtions to botl1 hislher person and property, and that the Conservation Collier land Acquísftion J\Øyjsory Committee. and the Collier County Environmentsr Services Department cannot insure or guarantee hislher safety, and the undersigned further understands that if this request is granted that the undersigned assumes all risks arising out of the granting of this request, Including all damages to person and property of undersiØned. FOR AND IN CONSIDERATION OF the pennission and privileges extended to me pu~ant to my request to enter and· perform research-related activities on Conservation Collier lands, I, for myself, my heirs, executors. and personal representatives. do hereby acknowtedge that I am doing so freely and voluntarily I entirety on my own initiative, that I hereby aGcept all risk and responsibility, and do hereby indemnify and release and dlscharsae the Conservation Collier land Acquisition Advisory Committee, and the Conïer County Environmental Services Department and the Collier County Board of County Commissioners, their officers, agems. and employees against and from any and all liability, claims, and right of adlon for my death, or injury to me or my property, ot any other type of damage, which may occur at any 1ime arising out of the granting of this request whether or not any such damages are due to alleged negligence of any agent, employee or other worker of the Conservation Cotlier Land Acquisition Advisory Committee, and the Collier County Environmental Services Department or the Collier County Board of County Commi&sioners and the County of Collier. THEREFORE, I, Ron Echols, ¡VI&.t'"1 ¡¿<~ '-> , ) ð ~...... C\4--' t ...4' <f~ (Print Narne(s) c o (~ . c o .. ... ~ .'11 "----~- '03/BB/26e5 14:22 2392132960 CC ENVIRO SERVICES D PAGE E!3 ,- Agenda Item No. 16K1 March 22, 2005 do hereby request permission of the Collier County Board of Coursty Commissioners fMe 4 of 4 the County of Collier to enter Conservation CoUier lands. specifically the 8O-acte parcel in 510 T25 R48 known as the -America's Business Park property," and conduct research- retated activities on the following dates and approximate times: Dates; A t:I. "'c l... 'Ii.... flpv~ ~~ ... ~ ¡r(llII.cA Z', uoç ~ Release Doc. Page2of2 Approximate times: f)ð¡ Jt J (f. L(I.r'") and for the following reason and purpose: c9æJ/'-s ¡' 1"- () fJ .~~ I further understand that this agreement does not constitute an eMpfoyer/employee relationship and no employer/employee relationship may be infelTèd by this agreement also understand that this agreement Is solely for the purpose of learning. The Collier County Environmental Services Department has requested that itðm& of interest observed on the property be reported, and ~ 00ÆIrued as ~r'G \/Olunteer services. Date: M&rot.i.. 'l ;o-."Í Signature: 0 ~~ , ----- ,- ------------------------------- V· Approved ~~~. Immediate Supervisor Disapproved FINAL AUTHORITY: ~ Approved Disapproved ~D__' Envl.......-J Senriœ& Depørtmenl . ... .__.. .~. .._.a ,. "4_ ,.. _a. . , _. .____ _a - City fIl Nap&. C ....-. 1ft)" 8tmcee n.p.1 I .4---........ M.,.- W. Echob Roøa1d J. Echol,. Pb.D. Vohu:Ueer T-... ~.. The NaJØ PJoeeen. ø-1'b. ~.643.053a a... ~¡ ~ Ji'tJ. 239.261.090 917 U.... N. ..-........,.:lwitAOL._ ~,PL 3t1OU EXECUTIVESU~Y Agenda Item No. 16K2 March 22, 2005 Page1of12 ....~,,,.. Recommendation to Approve a Stipulated Final Judgment as to Parcels 128, 728 and 130 in the Lawsuit Styled Collier County v. Stonebridge Country Qub Community Association, Inc., et aL, Case No. 04-3588-CA (Immokalee Road Project #66042). OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation for the taking of Parcels 128, 728 and 130 in the lawsuit styled Collier County v. Stonebridge Country Club Community Association, Inc., et al., Case No. 04-3588-CA (Immokalee Road Project #66042). CONSIDERATIONS: The County acquired the subject property by depositing the sum of$12,100.00 on December 9,2004. The County's last written offer was $13,400. The County and Respondent have negotiated a settlement of $22,500.00 for fun compensation inclusive of fees and costs. If the settlement is approved, the County is responsible for the following costs: ..'-'-"~. · Additional Deposit/Disbursement Amount: · Expert Fees: · Attorney's Fees: · Clerk's Service Fee: TOTAL: $10,400.00 Included Included None $10,400.00 Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $10,400.00 are available in the FY 2005 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcels 128, 728 and 130; 2. Approve the expenditure of funds as stated; and 3. Direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney -- Item Number Item Summary Meeting Date COLLIER COUNTY Agenda Item No. 16K2 March 22, 2005 Page 2 of 12 BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to Approve a Stipulated Final Judgment as to Parcels 128, 728 and 130 in the Lawsuit Styled Collier County v. Stone bridge Country Club Community Association. Inc., et al . Case No. 04-3588-CA (Immokalee Road Project #66042). 3/22/2005 9:0000 AM Date Prepared By Heidi F. Ashton County Attorney Assistant County Attorney 3/9/2005 9:38:09 AM County Attorney Office Approved By Eugene Calvert Transportations Services Principal Project Manager Transportation Engineering and Construction Management Date 3/9/200512:36 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Date Transportation Administration 3/9/20052:31 PM Approved By Lisa Taylor Transportion Services ,"-"- Management/Budget Analyst Date Transportation Administration 3/9/2005 4:27 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin. 3/10/200512:52 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date Approved By 3/11/200510:27 AM David C. Weigel County Attorney County Attorney Date County Attorney Office 3/111200510:36 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3111/200510:57 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 3/11120054:34 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 3/14/20059:21 AM r- Approved By James V. Mudd Soard of County Commissioners County Manager Date County Manager's Office 311412005 11 :07 AM I L.p --~------------ Agenda Item No. 16K2 March 22, 2005 Page 3 of 12 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNrY, FLORIDA, a politica1 subdivision of the State of Florida, Case No.: 04-3588-CA Petitioner, Parcel Nos.: 128, 728 & 130 vs. STONEBRIDGE COUNTRY CLUB COMMUNITY ASSOCIATION, INC, et at, Respondents. / STIPULA TED FINAL JUDGMENT 1111S CAUSE having come before the Court upon Joint Motion made by Petitioner, ~ COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, STONEBRIDGE COUNTRY CLUB COMMUNITY ASSOCIATION, ffk/a SOUTHAIVlPTON GOLF AND COUNTRY CLUB COMMCNITY ASSOCIATION, INe. (hereafter "STONEBRIDGE"), by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 128, 728 and 130, and it appearing to the Court that the parties are auth01;zed to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, STONEBRIDGE, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, STONEBRIDGE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Two Thousand Five Hundred Dollars and No/tOO ($22,500.00) inclusive of attorney's fees, expert fees and costs for Parcels 128, 728 and 130 and as full payment for the property interests taken and for damages resulting to the - Agenda Item No. 16K2 March 22, 2005 remainder, if less than the entire property was taken. business damages, and for all other dam~ 4 of 12 connection with said parcels; it is further ORDERED that no additional costs or fees shall be awarded in this action; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the amount of Twelve Thousand One Hundred Dollars and No/100 ($12,100.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcels 128, 728 and 130 at which time title to said parcels as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER CO~TY, FLORIDA, shall disburse the total amount of Ten Thousand Four Hundred Dollars and No/tOO ($10,400.00) to the ROETZEL & ANDRESS TRUST ACCOUNT c/o Kenneth A, Jones, Esquire, 2320 First Street, Suite 1000, Fort Myers, Florida 33901 for the benefit of Respondent, STONEBRIDGE; it is further ORDERED that title to Parcel 128, a Fee Simple Interest, Parcel 728, a Temporary Construction Easement, and Parcel 130, a Fee Simple Interest, being fully described in Ex.hibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLJER COUNTY, FLORIDA, pursuant to the Order of Taking dated December 9, 2004. and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 3610, Page 1047, et seq., of the Public Records of Collier County, Florida be dismissed as to Parcels 128, 728 and 130; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit as to Parcels 128, 728 and 130 to Collier County Board of .--- County Commissioners, cIa Heidi F. Ashton, Assistant County Attorney, Office of the County 2 o",__,__",,~,. Agenda Item No. 16K2 Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the ~P%~5 ~~~~ Courts up to 10% in accordance with Section 28.33, F.S.; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; itis therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of ,2005. CIRCUIT COURT JUDGE Confonned Copies: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire Thomas C. Palmer, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition MgrfTransp. Bookkeeping 3 - Agenda Item No. 16K2 March 22, 2005 Page 6 of 12 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 128, 728 and 130. Dated: Dated: @ KENNETH Á. JONES, ESQUIRE Florida Bar No.: 200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENT HEIDI F. ASHTON, ESQlJIRE Florida Bar No.: 966770 COUŒR COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimi]e A ITORNEY FOR PETITIONER - 4 __.C- " t- ..::.. - ,.. - , EXHIBIT A Page~ ¡¡¡¡- HM HOLE MONTES, E/f1ìi!lffJlS, PlANII!:RS . smVROOS ~ EnttnWoy' ~.p!... J'1a1ida :!4110 ·1'I1cu:2:J»'25~..1ßÐ9· Fox: T.lg.15~.2(\,¡¡ 100 F.EE SIMPLE INTEREST EM PROJEC! #2000067 7fl6/J REF, DWG.ItB·3671-1 PARCEL NO. 128 U!GAL DESCRll"TIoN A PORTION OF TRACT "GCI" OF SOUTHAMPTON UNIT ONE ACCORDING TO TEE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, J3BING MORE PARTICULARLY DESCRIBED AB FOLLOWS; COMMENÇlì AT THE MOST NÖRT"fl'WESTERL Y CORNER OF TRACT "GCI" OF SOU'l"HA.\fi'TON UNIT OJ-..'C ACCORDING TO THE PLAT THE3ŒOF :RECORDED INPLA T BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLlC 1ŒCO.RDS UP COUlER COUNTY, FLORIDA.; THENCE IUJN N.89°l4' 16"E., ALONG 'Hill NORTHElL Y BOUNDARY OF SAID TRACT "Gel", FOR ADlSTANCE OF 53.78.FEET TO;BE pomT OF BEGINNING OF THE l' ARCEL OF LAND HEREIN DESCR1BED; TBENCE CONTINUE N.&"" ~' 16"E., ALONG TF.œ. NORTHE.RLX BOUNDARY OF SAID TRACT ~GCl"FOR A DlSTANŒ OF 222.34 FEET TOTIffi BEGINNJNG OF A TANGENTIAL cmc'ú'LAR CURVE., CONCAVE SOUTHW!!SlERl.Y; THENCE RUN SOU'lliEASTERL y, ALONG . TEE BOUNDARY OF SAID TR.lr,CT "GCI" AND ALONG THE ARC OF SAID CURVE TO THE R1GHT, HAVING A RADIUS OF 29.35 FEET. THROUGH A CENTRAL ANGLE-oP 71"24'4&", SUB TENDED BY A CBORD OFJ4.16 FEET AT A BEARING OF .sSS·03'20"E., FOR A DrsTANCE OF 36.521 FEET TO THE END OF SAID CUR VE; THBNŒ RUNN.68"OO·33"W. FORA DISTANCE Of 38.77 FEET; TIœl'1CE RID! S.2I9·14'16"W. FORA ;:¡fSTANCE OF 214.40 FEET; THENCE RUN N.OO·45'44"W. FOR A DISTANCE OF 5.DO FEET TO THE POINT OF BEGINNING: CaNT AlNING 1369.3 SQUARE FEET. MORE OR LESS. THIS PROPERTY IS SUBJECT to EASEME."ITS, RESER V A TrONS OR RESTIUCT!ONS OF RECORD. BEARINGS ìŒPER TO THE NORTRERL Y BOUNDARY OF TRACf ~GC.I" OF SOUTHAMPTOt'{ UNIT ONE ACCORDING TO TrtE PLAT TH:E.RE(JF'RBCORDEb INPLA T BOOK: 19 AT PAGES 92 TRROUGH 1 (J3 OF TIŒ PUBUC RECORDS OF C6LUER COUN'J'Y, FLORIDA. AS BEING N.&g'14' 16"E. , HOLE MONTES. me. CER.1'IFICAT~ON ,?r.!.>~~~...ATION LB mn ~';,,~. _ ,:'I'HQMASW~ " _ < ,~ . , " BY P.S.M. #5628 STATE OFFLOIUDA ..," ~... ,), -;.~. . .' ~ ';..... ;'1, ~~~ .1:....· i.H.,' 0. 'I1f':~.-.:.JI~71'1~ FOLIO NO.ïq4\~-:;C\1?:r\ì N4des . F~ M""n· u"......... . C::u.I.__ - .- , Agenda' Item No. '16K2 ,.March 22, 2005 Page 7 of 12 .~¥ ,- 'I , ~ ,6 o ~ J 'i ~~ ~. j æ'?{ ><& ,wof J ,. 'I ,¡ :: f' ~ (l.t; :=;W -0: Øw wI- LUZ /.L- POC P08 GRAPHIC SCALE '~ "; 5' , --~-- ( IJl l"ElUT ) 1 mcb. ~!SO it.. POC um MOO"tH'M'Sit;RL'I" CtIfI.H.ER TAJ.CT CCI, SOCJ1HA),pTOf,' UNIT ONE \ N 6914'16" E _P7B' . ¡:; Sçl.ml 7I-D-tf UNE: ~MOKAL.El: Rom _ _,.-L__ TRACT 'A' SD1J'!1:!A1!PTON wm ONE P.B. 1 g, PGS 92-103 I I I N S9' .'16' E ~_._- N 1JIœ. n 1/. 3tcn<i! t&-.tH5 g o. POB / J '" <J"" "'<" <C_ Ü. t N 891-'\-'16" E 5 89ï4'16" W I I TRAC1' 'GC1' SOUTHAMPTON UNIT ONE P,B. 19, PGS 92-103 LEGEND POINT OF CDMM<NC£MENT POINT Of BEGItI'UNG I / / / / CURVE Cl RADIUS 29. ' CURVE TABLE CHORD .. õ' L.ENG'T11 J< 5B' M "'" ".. DO."'" ....'" 1m I»IIfí '1l\'ŒI5' stQ! ~ NOT A SURV£'( , 950 E"CeNt Way JIClI' 'flU) 'I1lHOUT NQpl.s, FL. 3.41 ~O 'nk!IIiiIItA.'1'WL" ~hOrl:J~~rl~~~ ~~ .Iuth.rI..fl.n 1-I..lm ua:n~ " "'" '/"" '" T" '/03 T _~,._~ 222. :J+' 2.14.40' BEARING 551JJ' . -~-- ~ I't-o-w UII£' IWoKJ(Al{E ROM! LlNIi l1 L2 UNE TABLE DIRECTION N 68'00' 33" W N 00'+5'+4' W Agenda Item No. 16K2 March 22, 2005 Page 8 of 12 ----- r d z o --.J o w... Dfl.TA 71 .'~' DISTANCE 38.77' 5.00' -:l:---- ~ J l ~ I í ~ ¡.! çq I :} I ~ ì ! mer'R' SOU'1'B.AJ,[P'fON 1JNIT ONE P.B. 19, J'GS 92-103 I / / j SKETCH TO ACCOMPANY A LEGAL DESCRIPTION C-- '" -- .t-' -- .' EXHIBIT A De....... '19' of J Liz .~-- HM HO!...!: MONTES fn3IHEEP$. 1Wih'ERS' S'JR'.f1!JRS 95( r:""",y,'>y' u.pI.., Ao1\IIa 34,\\0' P~;139,¡5't.21JDD '1'01:2".19250015 TEMPORARY èONa1"Rt..lCTION ~arr ~'I"1ON: 3 YEARS fROM ~~OF CONSTRUC'TIDN) LEGAL DESCRIPTION :"11":;. ~ 100 HM PROJECT #1000061 12104,10) REF. DWG. #:B-4475 , PARCEL NO. 728 A PORTION OF TRACT "'GCI" OF SOUTHAMPTON UNIT ONE ACCORDING 1'0 TIre PLAT THEREOF RECORDED IN PLAT BOOIC 19 AT PAGES 92 THROUCTcl ] 03 OF THE ?UBUC RECORDS OF COLL1E.~ COUNTY. FLORIDA. BEING MORE PARTICUL4.RL Y DESCRIBED AS FOLLOWS; ~ AT Ttffi MOST NORTIIWEST"'...RL Y CORNER OF TIlA.C1' "GCl b OF SOUTBAMPTON 1JNIT Ot-.""E ACCORDING TO THE PLAT THE1ŒOFRECORDBD IN PLAT BOOX 19 A'J PAGES 92 nrn.OUGH 103 OF THE PlJBL1C RECQRDS OF COLUER COUNTY. FLORIDA; THENCE RUN N.B9°14 'ló''E., ALONG THE NORTIIER1.. Y .BOUNDARY OF SAID TRACT "GC1", FOR A DISTANCE OF 5;,78 FEET; TFlliNCE RUN $.00·45'44"'13.. FOR A DJSTANCE OP 5.00 FEET; TRENCE RUN S.89°14 ·]6"W., FOR ADIST,,"'<Œ OF 55.48 FEET TO A POINT ON TRE WESTERLY BOUNDARY OF SAID TRACT "OCl"; THENCE RUN N.J7c59·QS"E., ALONG THE WESTERLY BOUNDARY OF SAlD TRACT "OC1"YOR A DISTANCE OF 5.2B FEET 70 THE POrN'T OF BEGlNN1NG; CONTA!NJNG :273.2 SQUARE P;;...ET. MORE OR Œ3S. THTS PROPERTY IS SUBJECT TO EASEMENTS, RESER V ATIONS OR RES1'RICTIONS OF RECORD. BEARINGS REE'ER TO THE l\'DR'I'HERLY BOUNDA1Ú OF TRACT "GCI" OF SOUTF..AMPTON UNIT ONE ACCORDING TO 'THE fLAT THEREOF RECORDED IN PLAT BOOK ~9 J...T l' AGES 92 THROUGH 103 OF THE PUBUC RECORDS OF COl.l...IER COUNTY. FLORIDA, AS BEING N, 89·14'l6"i HOLE MONTES. me. CERTIF1Cl\.TION,?!.1.t,lTff.9.~¡ZATION'LB '# 1772 - .< - ~ EY·~;:'i~7 ", . j %. ",.1HO~SM. ,'.. ; .. \z¡;::~:~:~;»/' .... P.s.M. #5626 STATE OF FLORIDA ,". ': 11:f~; r.'.' \,.~;.~~' ~lIIol.DUo-.,¡..'')..... Foua NO.iL(l{\ C::¡:(:iS(r¡ :V;O!'1I!:l~' ¡:"., u....._ .~ . -.. Agenda Item No, 16K2 March 22,2005 Page 9 of 12 ., '( : t::::J o r-{ ~ .~. GRAPHIC SCALE 25 , < nCf'I:m) 1 .Ù1Oh - 50 :ft. , \ r .¡ ! 1 J' .. ¡; ,.~ª £ . ~ 2 ~ . ,I- ~ ~~~ I - i fB .c , . I¢)' ~ ?SÆ " f ,-) ð ~ ~ ~2 I ffi~g 16",0 r tr.l D~ I :ltt:~ ¥ ~ 18 'f~ ~~iê ~ P:; ~ro I < :Ja::c:D P.. I c.- , ,~~~~ ~ I I ~F¡¡j LEGEND .,::2"" ~ rOB PQ\Ní OF BECINHING ~Š~ g" .IE. , He. o ~ I 00-0117 U ~ """ .'" 12/0j ~ ., " 1M. "/<>3 Be i N 1/1 CMHEn '$£Ctloo ~J!I~~-tS -- \ N B91"'16' E ~--r-- ~1H\JHF.: HE V'" 58:T1ON :u - -----r UNE TABLE: UNE I DIRECno/'l DISTANCE L1 I N 89'1~'16" E 53,78'__ l2 I S 00"45'44" r 5.00' ~. l3 I S 89'14"6" W 55.4-8' L4 N 1 TSg'OS' E 5.2.8.' ------------ 1.-- - -----~- UNPLATTED 1M 1D&!I!'!Im' !Ir19IiS 950 EncaA Way Hap!.., Ft... ~-4 t 0 p¡,ono: (239)' 25..-2DOO rJþ(ldo c.rnnaate at ÀuttJl:n4ztdlcn Na.1772 ~~ I<\~ i~ :: TRAC'I' 'A' SOU7IIAMPTON UNTI' ONE P.B, 19, PGS 92-103 It NOr A SUHYEY It !l<lTV.u~ 'lIE"""."'" 'M: OIKI.... IU5ID !EIolar~_ uaœ>SDRYIrIII Wi IIIoI'Pm Agenda Item No, 16K2 March 22, 2005 Page 10 of 12 IMId'OKAJ..E!: RDAD - - RiGì'íi=õf-:WiiY VM~ I ô Z Q, ::ï o 1..1.. u . ~ TRAGT 'GCl' . SOt1JHAMPTON UN1T ONE P.13, 19, pes 92-103 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION '7'": C- ç- - ... .c EXHIBIT ~ Page..8..ì-of ~ HM HOLE MONTES fiI/HEIIS. ~. SR'iÐ1J1IS 950 Enœreway ·lIaplê!!, fWi~"'" \1n· Phon~ 9~1.2S4ZJ((· ftJ:: s.l1.254.2(]99 1.00 FEE SIMPLE INTEREST EM PROJECf #1.f)OOOá1 7Il6f3 REF. DWG. RBA237 PARCEL #iJO LEGAL DESCRIP'IIOH A PORTION OF TRAcr ''OCT' OF SOUTHAMPTON 'UNIT ONE ACCORDING TO THEP!.AT lr::ER.EOF RECORDED m PLAT BOOK :9 A TP AGES 92 THROUGH 103 OF TEE l'UBUC RECORDS OF COLLIER COUNTY. 'FLORID A, BEING MORE P ARTICULARL Y DESCRIBED AS FOU,OWS: BBOIN AT THE NORTREAST CORNER OF TRACT "GC2" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 92 THROUGH 103 OF THE PUBUC RECORDS OF COLLJ1"....R. COt!NTY, FLORIDA; THENCE RUN S.OJ °24 '33"E., ALONG THB EASTERLY BOUNDAR. Y OF SAID TRACT "OCZ·. FOR A DISTANCE OF 20.231'EET; 'fHHNCERUN N.46'OS·Q9'"W. FOR A DISTANCE OF 28.77 ~1 TO A P01NT ON TIffi NORTBERL Y BOUNDAR Y OF SAID ruCf "Ga."; TH&'CE RUN N.B9° l4·ló~E.. ALONG THE NORTHEH.L Y BOUNDARY OF SAm TR.Acr "OC2", FOR A DIST /\NCE OF 20.23 PEEr TO THE POINT OF BEGINNING: CONT AINrNO 204.6 SQUARE FEEt; MORE OR LESS. 1'HIS PROPERTY IS SUBmCT TO EA3EJvŒNTS,1U!~.r:.R V ATIONS OR RESTRICTIONS OF RECORD. . BEARINGS REFER 1'0 IHE NOR'I'HERI, Y BOù"NDARY OF TRACT "QC2" OF SOD7RAMPTON:JN:!T ONR ACCOnDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT1'AGES92 THROGGH 103 OFTHEPVBUCRECORDS or' COll..'ER COUNTY. FLORIDA, AS BEING N.89' 14'1 6":::. . HOLE MONTES. me. . CERTIFICATION OF AUT~ORJZATjON UI *1772 BY .I~;¡¿ ~ THO~A.SÞ4. M. HY. PS.M.. #5628 S1'A TE OF ?LORmA .-' *.'U~"'~:D1__ FOLIa NO.ÎY4!~,{lCO<:) ''''';0 _. -- : Agenda Item No. 16K2 March22, 2005 Page 11 of 12 _. N· .! " ",~~ ¡-~. æl 5:' ><§ LUo.. ,-I q~1- Q.rIJ ¿~ ~J±1 lf6: f " - 'I' C": (~.: ~_. ~, J I GRAPRIC SCALE b.ð;~ ( Do JI'Im'!' ) 1 iD.r':h - 20 ft.. -~---- PCB LEGEND PClN, or BEQNNING ¡allru R-o-" l.IU: ~U:0M..£r ~ ¡-L_-":__ I I ! \ E I~ ¡!j '=', ,0 , 20 I S'OV"1'l-l tJ~o-W LINE' u..wQlO.Œ£ RO"-C -L__ '!'RACT 'GC2' SOUTHAMPTON. UNIT ONE P,B, 19, PGS 92-103 .J ~o ""I" <:- ç.. 1m œII!m ·1IJImI·1IIQI! 9.50 wear. WQy Nt:lþl.., .tL 34110 Ph",,", (239) ~"-2aOO F1anGCI C.rtJr}oat. of Authøtùu1loT\ H'O .177!J. :0 NOT A SURVEY ~ wr VAU> _ 1I!£':!CI41U11(,U 11IE_...... .st.U.. <F A nÞDA UCBI!ÐI _ ,\/111- N 89""'15" E. --- ~- - - ----.--- NOO'Ðt "-0-.... .U/IIt t ILO.IOIOJ..F.E RO¡l.,a .... a <> c. --- me¡ '1:' øtIW ,. ewø:J t.l. II. 1Z. B-3I. POB .. ....... 'TRAr;::"r c:~ SOUlH,IJ,f"lDN ~T ot<IE: Agenda Item No, 16K2 March 22, 2005 Page 12 of 12 -------- --- '" ~.. o z o -! o LL --- ---_......-...-~ "TJ tAAC1' 'D' am m::¡: anI:IIl'.1. II, Pm 11-:11 p ca. t3D SKETCH TO ACCOMPANY A LEGAL DESCRJ?TION It~-T . Agenda Item No. 17 A March 22, 2005 Page 1 of 127 EXECUTIVE SUMMARY POOZ-A-2004-AR-6888, MDG Capital Corporation, represented by Robert L. Duane, AICP, of Hole, Montes, Inc., requesting a rezone from Planned Unit Development (POO) to Mixed Use Planned Unit Development (MUPOO) for a project known as the Arrowhead POO for the purpose of amending the POO document to change the POO type to a Mixed Use POO, change the residential development standards regulations, update the LDC citations, and add language to address affordable housing commitments. The subject property, consisting of 307.4 acres, is located at the corner of Lake Trafford Road and the proposed Carson Road Extension, in Section 6, Township 47 South, Range 29 East; and in Section 31, Township 46 South, Range 29 East, Immokalee, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the PUD as noted below and to make sure that the project is in hannony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner wishes to amend the Arrowhead PUD, which was originally approved in 1991, and amended by the Board of County Commissioners in Ordinance Number 2002-40 on July 30, 2002. The changes proposed include changing the PUD type to a Mixed Use PUD, changing the residential development standards regulations, updating the LDC citations, and adding language to address an affordable housing commitment made by the petitioner at the December 14, 2004 Board of County Commissioners meeting. The cUITent PUD document and Master Plan propose a maximum of 1,245 single-family and multi-family dwelling units and 15 acres of commercial uses on the 307.3±-acre project site. No changes are proposed to the number of dwelling units or the amount of commercial acres. The site has received approvals to allow development of a portion of the subject tract, and site improvements are underway. The changes proposed as part of this amendment include changing thePUD type to a Mixed Use PUD. When this project was last amended in 2002, there was only the designation of "PUD;" there were no subcategories of PUD. The Land Development Code (LDC) now recognizes several types ofPUD, of which Mixed Use is one. A Mixed Use PUD is the type ofPUD that recognizes a project that contains more than one use component. This PUD consists of a large residential component and a smaller commercial component. The Mixed Use PUD designation more clearly defines the project development parameters. Additional changes will modify the property development standards for this project found in Table 1 of the PUD document. The changes will allow smaller single-family lots, decreasing the size from 6,000 square feet to 4,000 square feet; decreasing front setbacks in the single-family units from 20 feet to 15 feet; and reducing rear setbacks in all unit types except multi-family ARROWHEAD PUD, PUDZ-A-20Q4-AR-6888 EXECUTIVE SUMMARY Page 1 of 4 Agenda Item No. 17 A March 22, 2005 Page 2 of 127 units from 25 feet to 12 feet. The PUD has also been revised to update LDC citations in compliance with the changes adopted in Ordinance Number 2004-04, that reformatted the entire LOC. The last change proposed to the PUD document recognizes the petitioner's affordable housing commitment made at the December 14, 2004 Board of County Commissioners meeting. At this meeting, the petitioner stated that this project would set aside a minimum of 15 percent of the total residential units for occupancy to families whose combined income is no greater than 80 percent of Collier County's median income. No increase in density or the number of dwelling units is proposed as part of the affordable housing commitment. No increases in intensity or density are proposed and no changes are proposed to the Master Plan. This petition is incorporating a strike thru and underline format to address only the specific changes proposed. It has been determined that this type ofPUD amendment does not "open" the entire PUD to additional scrutiny. FISCAL IMPACT: The rezoning 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 PUD is amended, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building pennits 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 Level Of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concwrency 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 permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject property is designated Urban Residential, Low Residential District, and Neighborhood Center District on the Immokalee Area Master Plan (lAMP) Future Land Use Map of the Growth Management Plan (GMP). This district pennits single-family, duplexes, multi-family, and mobile home development not to exceed a density of 4 dwelling units per acre. Relevant to this review, 33.3 acres of the MPUD are located in an area designated as Neighborhood Center District on the lAMP Future Land Use Map. This district -, ARROWHEAD PUD. PUDZ-A-2004-AR-6888 EXECUTIVE SUMMARY Page 2 of 4 Agenda Item No. 17 A March 22, 2005 Page 3 of 127 allows for a mix of uses including commercial, governmental facilities and residential development, limited to a maximum of 12 units per acre. The subject site qualifies under Category III (300+ acres) of the PUD Commercial District and is allowed to develop up to the maximum of20 acres with uses found in the C-2, C-3, and C-4 zoning districts. The subject property has 274 acres designated as a Low Residential District including 15 acres proposed for commercial uses. Therefore, the 259 acres (274-15=259) are eligible for 1,036 dwelling units (maximum of 4 units per acre). The additional 33.3 acres are within the Neighborhood Center District and are eligible for 400 dwelling units (maximum of 12 units per acre). The total project is eligible for 1,436 residential dwelling units. The original PUD was determined to be consistent with the GMP and approved for 1,245 residential dwelling units (4.26 units per acre); no increases to that are proposed, thus the petition remains consistent with the GMP. The GMP also sets forth additional standards for the PUD Commercial District. Staff has evaluated the specific criteria and provided a complete synopsis of those additional standards in the staff report, finding that this petition is consistent with those standards. FLUE Policy 5.4 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. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. Environmental issues were adequately addressed in the 2002 PUD document. ENVIRONMENTAL ADVISORY COUNCIL mAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition because the proposed amendments would not affect environmental aspects of the project. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPe) heard this petition on February 17, 2005, and by a vote of 6 to 0 unanimously recommended to forward this petition to the Board of County Commissioners (BCe) with a recommendation of approval as limited in the PUD document. Staff has not received any letters or calls in opposition to this petition. Because the CCPC unanimously recommended approval, this petition was placed on the Summary Agenda. LEGAL CONSIDERATIONS: .",..- ARROWHEAD PUD, PUDZ-A-2004-AR-6888 EXECUTIVE SUMMARY Page 3 of 4 Agenda Item No. 17 A March 22, 2005 Page 4 of 127 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. The legal considerations are reflected in the Collier County Planning Commission's evaluation ofthe 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 staff report. A summary of the legal considerations and findings 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. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2004- AR-6888 that partially repeals Ordinance Number 02-40 as described by the Ordinance of Adoption and exhibits thereto, the Arrowhead PUD regulatory document, and adopts the supplemental PUD regulatory document attached hereto. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review ,,-....... ARROWHEAD PUD. PUDZ-A-2004-AR-6888 EXECUTIVE SUMMARY Page 4 of 4 -, Item Number Item Summary Meeting Date Agfillda Item N,,, 17 A March 22 2005 Page 5 ;'1127 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This i!Ml reQuiref> 1h¡¡f aU piJrtiçiplJnt~ be sworn in and el( pnrte disclosure be provided by Commis':<ion members. PUDZ-A·200,¿·AR-6888 MDG Capital CorpQration. repre$ented by Robert L. Duane, AICP, of Hole. Mont~5. Inc" is requesting a rezone from Pianned Unit DevelfJpmf.!l1t (PUD) fo Mixad U:;.e Planned Unit Development (MUPUD) (Dr a protect known as the ArrowhMd PUD ror thE" purpose of amE"fldil1g the PUD document to change 1he PUD type to fl M¡x(!d Use PlID, ct1l.l.nge the rcsidential development standnrds regulations, update the LDC citaH¡:Jns, anr! add language to address aNordabie housing commitm~nt!5. The 5ubjeGt property. ronsisl,ing of 307,4 acres, is located at the r::omer of Lake Trafford Road And the pfOposed Carson Road Extension, in Section 6, Towt,srllp 47 South, Range 29 East: éJnd in Section 3;. Township"6 South, Range 29 Eas1, Immo~.alee. Florida. 3/22.120059:00:00 AM Prep.red By Prilldpu! PI<!J'lner 3/8120052:25;11 PM Kay Dcnleln, AJCP Community Development &. t:nvironrnentaJ Set\'k:~s Date Zoning & Land Development R.eviev.· Executive Secretary Dat~ Approved By Sundra L~a Community DevelQpment &. Environm<!ntal Services Community Development If,. Environmental ServiceG Admin 3rS120U5 2:32 PM Tr3nsportatjon ~~¡arming Director Date Approved By Dona!d L. Scott Tranr.þOrtion Sðrv¡ct!'~ Transþortation Planning 3/9120057:.45 AM Zoning & L~nd Dcyt!'rlopment I)jrec.tor Date Approved By SUfian Muttay, AICP Commuldty Developt"f'u¡,nt & En\lironmltntal ScrvicP.:8 ¿(!nino & Limn Q.evclopmf!!ot R~""'l!w 3.'912005 11 :34 AM Chief Planner Oatr: Approved By Ray Bellow!5 Community Deve!opment & Envlronmenln! S~rvices. Zoning & L:lTld Oeveloprnent Revi",w 3/9/2005 1 :45 PM rr;tn5iþQrtmion O!vis¡icn AdmitllslUlto' Date Approved By Norm E. F~e:r, AIC? Tran1.portion Service!i Transportation Services Admin. 3/1012005 1 :(}6 PM Date Approved By Jo.,¡;eph K. S.c;hmltt Community Dev£'lopment & Envlro"'m~nt¡¡1 Sftl....tC'CS; Community Development & f.nvimfJf"Itf1la! Sc:vjc:es Aáminn1r31C1r Community Developmfwt & Environmental Service~ Admiu 3111/20052:54 r"M Adftlinit;tr...ti\le Aul-stant Date Approved By OMB Coord/natm County Manager's Office' Offlc(" Df M...nagt¡.m(lnt & B\ldgÐt 3/1.41200510;52 AM Budg{tt Anlllyst Dale Approved By Mark IS1Ick¡;on Cöllnly Man39p.t':¡¡ Offi¡:.t! Offír:.t!' of Mana!í1l!'rnl1'ßt & Ðudglrt ~~!15/:Z:00511:19AM Dale Approved By Michad Stnyl;owst-¡ County Manag.er't Office Manag!tm~f1t & Blltl[J1rt Dlrec1ør Office 01 Management & Budget 3i15120OS 12:51 PM County Manager 0... Approved By JameS" V. Mudd Soard of County Commissionets COUf1ty Manager's Office .)11612005 g;32 AM Agenda Item No. 17 A March 22, 2005 Page 6 of 127 Co~T County - '--~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 17,2005 SUBJECT: PETITION PUDZ-A-2004-AR-6888: MOO CAPITAL CORPORATION, REGARDING THE ARROWHEAD PUD APPLICANT: MDG Capital Corporation 2180 Immokalee Road Naples, FL 34110 AGENT: Mr. Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 REOUESTED ACTION: The petitioner wishes to amend the Arrowhead PUD, which was originally approved in 1991, and amended by the Board of County Commissioners in Ordinance Number 2002-40 on July 30, 2002. The changes proposed include changing the PUD type to a Mixed Used PUD, changing the residential development standards regulations, updating the LDC citations, and adding language to address an affordable housing commitment made by the petitioner at the December 14,2004 Board of County Commissioners meeting. GEOGRAPHIC LOCATION: The project is located at the comer of Lake Trafford Road and the proposed Carson Road Extension, in Section 6, Township 47 South, Range 29 East; and in Section 31, Township 46 South, Range 29 East, Immokalee, Florida (see location map on the fo Howing page) PURPOSEIDESCRIPTION OF PROJECT: The current PUD document and Master Plan propose a maximum of 1,245 single-family and mu1ti-famiJy dwelling units and 15 acres of commercial uses on the 307.3±-acre project site. A park to serve the residents is proposed and 6o± acres of preserves and numerous water management lakes will be provided on site. Access is planned from both Lake Trafford Road and the planned extension of Carson Road. G:\Current\Deselem\PUD Rezones\Arrowhead, PUDZ-A-2004-AR-6888\STAFF REPORT 2.doc Page 1 d6 Agenda Item No. 17 A March 22, 2005 Page 7 of 127 ,,"'-'" The county has approved a subdivision plan and plat submittal for Phase One of Arrowhead Reserve (AR-3771), consisting of the first 156 single-family lots; infrastructure improvements to Lincoln Street, Carson Road extension, Immokalee Drive extension, and a turn lane on Lake Trafford Road. The county has also approved a subdivision plan and plat submittal for Phase Two (AR-3974), allowing for the development of 271 more units. Land clearing and road construction is currently unde1Way on the site related to those approvals. The changes proposed as part of this amendment include changing the PUD type to a Mixed Use PUD. When this project was last amended in 2002, there was only the designation of "PUD;" there were no subcategories of PUD. The Land Development Code (LDC) now recognizes several types of PUD, of which Mixed Use is one. A Mixed Use PUD is the type of PUD that recognizes a project that contains more than one use component. This PUD consists of a large residential component and a smaller commercial component. The Mixed Use PUD designation more clearly defines the project. Additional changes will modify the property development standards for this project found in Table 1 ofthe PUD document. The changes will allow smaller single-fimrily lots, decreasing the size from 6,000 square feet to 4,000 square feet; decreasing front setbacks in the single-fumily units from 20 feet to 15 feet; and reducing rear setbacks in all unit types except multi-family units from 25 feet to 12 feet. The PUD has also been revised to update LDC citations in compliance with the changes adopted in Ordinance Number 2004-04, that reformatted the entire LDC. The last change proposed to the PUD document recognizes the petitioner's affordable housing commitment made at the December 14, 2004 Board of County Commissioners meeting. At this meeting, the petitioner stated that this project would set aside a minimum of 15 percent of the total residential units for occupancy to families whose combined income is no greater than 80 percent of Collier County's median income. No increase in density or the number of dwelling units is proposed as part of the affordable housing commitment. No increases in intensity or density are proposed and no changes are proposed to the Master Plan. This petition is incorporating a strike thru and underline format to address the specific changes proposed only. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. SURROUNDING LAND USE AND ZONING: North: Lake Trafford Road, then Lake Trafford Elementary School and fann land, both zoned Agricultural, and a convenience store (at the comer of Carson Road), zoned C-3 East: Mobile homes and vacant tracts along 29th Street zoned Agricultural-Mobile Home Overlay (A-MHO) South: Forested lands zoned A-MHO West: Agricultural fields, zoned A-MHO .- G:\Cummt\Deselem\PUD Rezones\AJTOWhead, PUDZ-A-2004-AR-6888\STAFF REPORT 2.doe Page 2 of 6 Agenda Item No. 17 A March 22, 2005 Page 8 of 127 AERIAL PHOTO GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Residential, Low Residential District, and Neighborhood Center District on the Immokalee Area Master Plan (lAMP) Future Land Use Map of the Growth Management Plan (GMP). This district pennits single-family, duplexes, multi-family, and mobile home development not to exceed a density of 4 dwelling units per acre. Relevant to this review, 33.3 acres of the MPUD are located in an area designated as Neighborhood Center District on the lAMP Future Land Use Map. This district allows for a mix of uses including commercial, governmental facilities and residential development, limited to a maximum of 12 units per acre. The subject site qualifies under Category III (300+ acres) of the PUD Commercial District and is allowed to develop up to the maximum of20 acres with uses found in the C-2, C-3, and C-4 zoning districts. The subject property has 274 acres designated as a Low Residential District including 15 acres proposed for commercial uses. Therefore, the 259 acres (274-15=259) are eligible for 1,036 dwelling units (maximum of 4 units per acre). The additional 33.3 acres are within the Neighborhood Center District and are eligible fOT 400 dwelling units (maximum of 12 units per acre). The total project is eligible for 1,436 residential dwelling units. The original PUD was determined to be consistent with the GMP and approved for 1,245 residential dwelling units (4.26 units per acre); no increases to that are proposed, thus the petition remains consistent with the GMP. G:\Current\Deselem\PUD Rezones\Arrowhead. PUDZ-A-2004-AR-6888\STAFF REPORT 2.doc Page 3 of 6 Agenda Item No. 17A March 22, 2005 Page 9 of 127 .- The GMP also sets forth additional standards for the PUD Commercial District. Staff has evaluated the specific criteria and provided a synopsis below. The criteria are listed in bolded italics, and the review comments follow in regular text. Commercial zoning shall be no closer than one (1) mile to the nearest commerce center and no closer than one mile from the nearest PUD commercial zoning of ten acres or greater in size. The commercial parcel is greater than one mile from nearest commerce center and greater than one mile from nearest PUD commercial zoning of 10 acres or greater. The configuration of the commercial parcel shall be no more frontage than depth unless otherwise authorized by the Board of County Commissioners. The design of the previously approved commercial portion of the PUD is 880 feet (frontage) on Lake Trafford Road and approximately 750 feet (depth) on the future right-of-way of Carson Road Extension. This was approved at the BCC's discretion because the greater frontage was primarily due to the easterly alignment of Carson Road Extension at its intersection with Lake Trafford Road. Commercial zoning or development shall be no closer than a ~ mile (1,310 feet) from the nearest existing elementary school boundary. Measured from the edge of the property lines, the commercial tract is 1,40o± feet from Lake Trafford Elementary School. No construction in the commercial designated area shall be aUowed until 30 percent of the project has commenced construction unless otherwise authorized by the Board of County Commissioners. Section 7.12 of the PUD document states that, "No construction in the commercial area shall be allowed until twenty (20) percent of the permitted dwelling units have been issued building pennits." A reduction from 30 percent to 20 percent was previously approved by the BCC. FLUE Policy 5.4 requires new land uses to be compatible with, and complimentary 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. Transportation Element: 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. G:\Current\Deselem\PUD RezoneslArrowhead. PUDZ-A-2004-AR-6888\STAFF REPORT 2.doc Page 4 Œ6 Agenda Item No. 17 A March 22, 2005 Page 10 of 127 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 Sections 10.02.13 and 1O.02.13.B.5 of the Land Development Code 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 ExhI"bit "A" and Exhibit "B"). Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. Environmental issues were adequately addressed in the 2002 PUD document. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document that accompanies the request, and has offered no new language for the proposed amendment. The 2002 PUD document incorporated Transportation staff's issues within the PUD document. 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 pennitted if the proposed zoning action (pUD amendment) is approved, and to the requirements or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses were already detennined to be consistent with the GMP, and it was already detennined that those uses 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 from other development by the buffers required by the LDC along the north, south, and east boundaries, and Lake Trafford Road and the proposed Carson Road extension will provide further separation distance to the north and the east respectively. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant, Robert Duane of Hole Montes, Inc., held the required meeting on January 12, 2005 at 5:30 P.M. at the Immokalee Library. Attendees included: Mr. Duane, Mr. William Klohn, President of MDG Capital Corporation, Kay Deselem, principal planner for Collier County, and Linda Bedtelyon, Community Planning Coordinator for Collier County No one else attended (Synopsis of the NIM provided by Linda Bedtelyon). G:\Current\DeselemIPUD Rezones\ArTowhead, PUDZ-A-2004-AR-6888\STAFF REPORT 2.doc Page 5 r;A 6 Agenda Item No. 17 A March 22, 2005 Page 11 of 127 .- STAFF RECOMMENDATION: Zoning & Land Deve10pment Review staff recommends that the Comer County Planning Commission forward Petition PUDZ-A-2004-AR-6888 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the PUD amendment be approved, with the 1imitations 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 APPROVED BY: JOSEPH K. SCHMITI ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the March 22, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings G:\Current\DeselemIPUD Rezones\ArTowhead, PUDZ-A-2004-AR-BBBB\STAFF REPORT 2.doc Page B ct B Agenda Item No. 17 A March 22, 2005 Page 12 of 127 FINDINGS FOR PUD PUD~2004-AJi-6888 Section IO.02.13.B.5 of the LDC 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 currently undergoing development in compliance with previously issued county approvals. The site is located where it has access to Lake Trafford Road. The petitioner has agreed to connect to lmmokalee Water and Sewer district 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. 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. EXHIBIT "BII' G:\Current\Deselem\PUD Rezones\Arrowhead. PUDZ-A-2004-AR-6888\Findings, PUD.doc Page 1 of 2 Agenda Item No. 17A March 22, 2005 Page 13 of 127 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property reJative to hazards, and capacity of roads, is supportive of conditions emanating fÌ'om 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 and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district The development standards in this PUD are similar to those standards. No deviations are being sought as part of this amendment EXHIBIT "B'" G:\Current\Deselem\PUD Rezones\Arrowhead, PUDZ-A-2004-AR-6888\Findings, PUD.doc Page 2 of 2 Agenda Item No. 17 A March 22, 2005 Page 14 of 127 REWNE FINDINGS PETITION PUDZ-2004-AR-S998 Chapter 1O.03.05.G 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, & 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 amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 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 resuh 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 drawn and they are consistent with the Urban Residential, Low Residential District, and Neighborhood Center District designations of the Immokalee Area Master Plan (lAMP) 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, specifically the petitioner's commitment to provide affordable housing units make the proposed amendment desirable. The amendment is not necessary, per se, but it does seem appropriate. The county needs to provide additional affordable housing units, approval of this amendment seems appropriate to help meet that need. 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. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; EXHIBIT "Air G:\Current\Deselem\PUD Rezones\Arrowhead, PUDZ-A-2004-AR-6888\Findings, Rezone.doc Page 1 of 3 Agenda Item No. 17A March 22, 2005 Page 15 of 127 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 pennit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the pennit. 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 determination 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 iinprovement 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. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Urban Residential, Low Residential District, and Neighborhood Center District designations of the Immokalee Area Master Plan (lAMP) Growth Management Plan, which is a public policy statement supporting EXHIBIT "A" G:\Current\Deselem\PUD Rezones\Arrowhead, PUDZ-A-2004-AR-6888\Findings, Rezone.doc Page 2 of 3 Agenda Item No. 17 A March 22, 2005 Page 16 of 127 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, which is PUD; this petition seeks only to amend that zoning designation. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD amendment is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the GTOwth 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 Master Plan for Immokalee. That Immokalee Master Plan was designed to accommodate the specific needs of Immokalee residents. 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 defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHIBIT "Air G:\Current\Deselem\PUD Rezones\Arrowhead, PUDZ-A-2004-AR-6888\Findings, Rezone.doc Page 3 of 3 Agenda Item No. 17 A March 22. 2005 Page 17 of 127 . . " 1Z ,. 1> ,. 17 ,. ,. ,. 2J .. ,. 20 21 22 2J C.R. 64ð LOCA TION MAP SITE MAP PETmON # PUDZ-200<1-AR-M88 10 11 14 1> ,. 17 ~ " 15 ,. " .. 23 2. ,. 20 21 22 2J .. 25 30 2. .,-.. Agenda Item No. 17 A March 22, 2005 Page 18 of 127 \~ Agenda Item No. 17 A March 22, 2005 Page 19 of 127 APPLICATION FOR PUBLIC HEARING FOR: []PUD REZONE (PUDZ) [gjPUD TO MIXED USE PUD Date Received: . PUDZ-A-2004-AR-6888 Planner AssIgned: -PROJECT #19990303 DATE: 12nt04 Commission District: _KAY DESELEM Petition No.: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) MDG Capital Corporation I'~\I ) Applicant's Mailing Address 2180 hnmokalee Road. Suite 308 City Naples State FL Zip 34110 Applicant's Telephone # 239.594.8700 Fax # 239.596.4399 Applicant's E-Mail Address: bi11k1ohn(a),ao1.com Name of Agent Robert L. Duane. A.LC.P. Finn Hole Montes. Inc. Agent's Mailing Address 950 Encore Way City Naples State FL Zip 34110 Agent's Telephone # 239.254.2000 Fax # 239.254.2099 Agent's E-Mail Address: bobduane(a),holemontes.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONJNG AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 - \ ADDlication For Public Hearinl! For pun Rezone 11-19-04 Agenda Item No. 17 A March 22, 2005 Page 20 of 127 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Mailing Address City State _ Zip NÐt~ : 1\1;\J l~ J;!~/05 b~ Ofr(!ørl"' ~~um f~ .1- Name of Homeowner Association: N/A Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: Immokalee Chamber of Commerce Mailing Address 970 Roberts Avenue City Immokalee State ~ Zip 34142 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 ADDlication For Public HeariDl! For PUD Rezone 11-] 9-04 Agenda Item No. 17A b. If the property is owned by a CORPORATION, list the officers and stockhol~h~~ percentage of stock owned by each. Percentage of Stock 50% 50% for all above entities c. If the property is . n the name of a TRUSTEE, list the ben~ficiaries of the trust with the percentage of inter 1. Pm,..... ofln1mst ø~~\)t# \~~~~ ~~~ f:J\fJi;; ~~ ~tf\ J>.~~ If the property is in the name 0 a GENERAL or LIMITED PARTNERSH1P, list th~ name of the general and/or limited artners. Name and Address d. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, an individual or individuals, a Corporation, Trustee, or a Partnership, list the name of the contract purchasers below, including the officers, stockholders, beneficiaries, or p ers. Name and Address N/A ADDlication For Publh: Heario2 For PUD Rezone 11·19-04 Date of Contract: \ MDG-CAPlTAL 02/25 ·05 12:34 N'Àg~~8a ItQ~/~J. 17A March 22, 2005 *Be aware that Comer County has lobbyist regulations. Guide yourself accordinglfiwa22 of 1 ~~ ensure that you are in compliance witb these regulations. Ø,'fJJ Complete the fnUowing for all Association(s) affiliated with this petition. (provide addition~ ~~Io~ sheets ¡fnecessary) Y 2395964399 Name of Homeowner Association: fJøw~ .(~;~ ¡}-r.uJJ:..¡' -r,(¡9-~D. ;?oß , Mailing Address8tlfv I NJ mo L0rL.&tér ~b City PM"~ Statæ Zípð cftlo 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 Mailing Address City State _ Zip--..:...._ ~ ~~Ct ÐK.~ ~" Name of Civic Association: 2 . Disclosure ofJnterest 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 wen as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownersþip APrLlCA l"lON FOR rUBLlC IIF.AIUNG FOR ST ^NDARD REl.ONF. - 4(1"~3 MDG-CAPITAL 2395964399 02/25 'OS 12:36 NO.896 18/33 Agenda Item No. 17 A March 22, 2005 Page 23 of 127 b. If the property is owned by a CORPORATION, list the officers and stockho1ders and the percentage of stock owned by each. ..J~--,,/l ~_./_1 J¡;J./ ~~ /'Ø Name and Address, and Office' ~-P~~~fS~oçk 1;0 felt:- PJ~ lI.¡wJ e,µ,.,.«II'Ift./"J, U øK. I..tI-li- £.1:> .. ~ .J ,IJ¿"..) r S$ ï' ~ u£~ c. If the property is in the name of a TRUSTEE. list the beneficiaries of the trust with ::.:::::f interest. .."....go of Im=" 1\ Þvpf 5~6 ~ 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 BJld 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. C/f't(J,I~¿ /5 ~,,"t I/'JC-.J· Name and Address Percentage of Ownership /J CL~¡lJ6..J t~ .L.;! . 1.1..""1> ~O - rLu.~T ólqSo ~W ,.7..bJ.,4-iJ~ .~ hJ I ß-tn I "cL ~3/3.3 ' -- Aeb ~l> A{J+IC.J" ""~ 7S L..J..rJ ...._ , Date ofConlract: ~a.)t{f APPI.lfATION FOR PUBLIC HEARING FOR STANt)¡\RO 1!-EZONE - ./14/1}3 .,~_.~__,~. 0 ..,~........ 02/25 105 12 34 : rwg~ IteWplJ4;317A March 22, 2005 Page 24 of 127 If the property is owned by a CORPORA nON. list the officers and stockholders and the percentage of stock owned by each. n +- ~- dÞ- kQ.c.t' e-¡:.Á", b; - ~()L Name and Address, iU1d Office Percentage of Stock. \ 0'- " ~I c.1(...; ~~ ~ 'i ~/JII¡t~ ~tH-J" 5"'" If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. 0 t\ Percentage of Interest I\'V~\):< s~& 3 MDG-CAPITAL 2395964399 b. c. Name and Address 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 contra.ct purchasers below, including the officers, stockholders, beneficiaries. or partners. Nanu: and Address ~CI1~ HAsr MaP¡¡' ID¡: StJu711w"-r ~LtM, lif7~ Percentage of Ownership Q.~ ~æri¡/µ~~ Date of Contract: l.':;/acI~ APPLlGð.TION FOR PUBI.IC m:'ARINC FUR5T^NDARD Rt:1..0N..:-.'J4/OJ MDG-CAPITAL 2395964399 Arrowhead Reserve at Lake Trafford- Ownership Schedule Application For Public Hearing For: Standard Re7.0ne MDG Lake Trafford LLC singlelmu¡ti-famlly - 4 sections MDG Capital Corporation Wìlliam L Klahn Klahn Irrevocable Trust Patrick McCuan, LLC MDG LaKe Tralford Commercial LLC cornmp.rcial pIece MDG Capilal Corporation William L Klahn Klahn Irrevocable Trust Patrick McCuan, LLC Arrowhead Apartments Limited Partnership large apt piece MDG Capital Arrowhead Aprirtments, LLC William L Klahn Klahn Irrevocable Trust Patrick McCuan, LLC Arrowhead Apartments 11 Limited Partnership small apt piece MDG Capital Arrowhead Apartments, LLC William L Klahn Klahn Irrevocable Trust Patrick McCuan, LLC 02/25 '05 12:37 NO~896 19/~~ r\genaa Item T'J'ð. 17 A March 22, 2005 Page 25 of 127 2% managing member 30% 19% 49% -....-..-----.. 100% 2% managing member 30% 19% 49% ------_.....-- 100% 4% general partner 24% 24% 48% --_..---- 100% 4 % general partner 29% 19% 48% ----------- 100% -----_....----- -_.....-- ---...--------..---------..----------......-------.....--- ----...---- ---.------..----....-- Patrick McCuan LLC W Patrick McCuan McCuan Irrevocable Trust MDG Capital Arrowhead Apartments LLC MDG Capital Corporation Patrick !\I1cCuan LLC William L Klohn Klahn Irrevocable Trust 65% managing member J.~% 100% 2% managing member 49% 30% j~ 100% MDG Capital Corporation MDG Companies of Naples, Inc, 50% Patrick and Jill McCuan-100% Owner Klohn Irrevocable Trusl 50U(~ 100% ""~_.,__-.",,....1.... Agenda Item No. 17 A March 22,2005 Page 26 of 127 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 N/A g. Date subject property acquired (X) leased ():09/6/2002 Tenn oflease vrs.lmos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest fonn. 3. Detailed le2al descriDtion of the DroDertv covered bv the aDDlication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 6 Township: 47 Range: 29 Section: 31 Township: 46 Range: 29 Lot: Block: Subdivision: 00072520000 and 00132680107 Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: See attached legal description 4. Size of DTODertv: +/-27.000 ft._ X +/-46.200 ft. = Total Sq. Ft. 13.390.344 Acres 307.4 5. Address/2enerallocation of subject DToDertv: corner of Lake Trafford Road and the proposed Caron Road Extension in Immokalee. Florida Application For Public "eariDl! For PUD Rezone 11-t9..o4 6. PUD District (LDC 2.2.20.4): Agenda Item No. 17 A [8J Residential 0 Community Facilities March 22, 2005 1V'I C· 'al 0 Ind ·al Page 27 of 127 ~ onunercl usb1 1&1 Mixed Use PUD 7. Adjacent zoniof! and land use: Zoning Land use N_A&C3 Agricultural & Conunercial with ST/WS4. ST/WS3. STfWS2. and STIWSIOverlays S A-MHO Agricultural with Mobile Home Overlay E A-MHO & VR Agricultural with Mobile Home Overlay with ST/WSl. ST/WS2 and ST/WS3 Overlays W A-MHO Agricultural with Mobile Home Overlay 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: N/ A Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property LD.#: Metes & BOWlds Description: 8. Rezone Reauest: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s) with ST/WS24, ST/WS3, STIWS4 Overlays. Present Use of the Property: Vacant-Cow pasture and single family house (employee house) and accessory structures - see aerials. Property is in the early stage of construction, Proposed Use (or range of uses) of the property: Residential- Single Family and Multi- Family and Commercial C-3 District Uses with some variatoins **** Original PUD Name: Arrowhead PUD Revised July 30, 2002 Ordinance No.: 91-44 02-40 ,..- Aoolication For Public HeariDl~ For PUD Rezone 11·19-Ø4 Agenda Item No. 17 A 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the C_h ~ 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. PUD Rezone Considerations (WC 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. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations. or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded ftom 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. . Apolication For Public Hearinl! For PUD Rezone 11-19-Ø4 +-~.-_. 11. Agenda Item No, 17 A Previous land use oetitions on the subiect orooertv: To your knowledge, ~~jr~~~ hearing been held on this property within the last year? If so, what was the natJl.e of that hcænng? N/A 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. 10. - a. A copy ofthe 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 ImmokaleelWater 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 EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Fonns Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Application For Public HeRrin!! For PUD Rnone l1-i9-o4 Agenda Item No. 17 A March 22, 2005 Page 30 of 127 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); 1. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. J. The petitioner must provide a letter of no objection 1Ì'om 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. 1. 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 rmal 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. 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: Hearinl!: For PUD Remne 11-19-04 Agenda Item No. 17 A March 22, 2005 Page 31 of 127 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1 . NAME OF APPLICANT: MDG Capital COl"Doration 2. MAILING ADDRESS: 2180 Immokalee Road. Suite 308 CITY Naples STATE FL ZIP 34110 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A 4. LEGAL DESCRIPTION: Section: 6 Township: 47 Range: 29 Section: 31 Township: 46 Range: 29 Lot: N/A Block: Subdivision: 00072520000 and 001326801 07 Plat Book Page #: Property I.D.#: Metes & Bounds Description: See attached leeal description 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. éOUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM ~ c. FRANCmSED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 Aoolicatlon For Public HeRrin!! For PUD Rezone 11-19..()4 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) Agenda Item No. 17 A March 22, 2005 Page 32 of 127 D rg] o o 7. TOTAL POPULATION TO BE SERVED: 2985 Dersons (1194 units x 2.5 Dersons/unit) 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 911 GPM AVERAGE DAILY B. SEWER-PEAK 729 GPM AVERAGE DAILY 304 GPM 221 GPM 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: NI 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 St.tement RJM 10/17197 Aoolication For Public Hearinl! For PUD Rezone 11-19-04 Agenda Item No. 17 A PUD REZONE APPLICATION ~~~~h 3~2~t~~~ SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application/PUD documents 17 17 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2 2 if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2 2 4. Pre-application notes/minutes 17 17 5. Conceptual Site Plans 17 17 6. Environmental Impact Statement - (EIS) 4 4 7. Aerial Photograph - (with habitat areas identified) 4 4 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 4 10. Historical & Archaeological Surveyor Waiver Application 4 11. Copies of State and/or Federal Permits 4 N/A 12. Architectural Rendering of Proposed Structure(s) 4 N/A 13. !:!Application Fee - "PUD Rezone" = $10,000 + $25 per acre DComprehensive Planning Consistency Review = $2,250 D Application Fee - "PUD to PUD Rezone" = $8000 + $25.00 per acre Legal Advertising Fees - $681.00 CCPC & $205.00 BCC Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. Other Requirements * Documents required for Long-Range Planning Review *1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the infonnation indicated on this 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. ~~ /Vrl./ ;'&1/2 DO'; Date I Agent! Applicant Signature Application For Public Harint! For PUD Rezone J - J 9-04 ·___r~·_ -~.----''''''_. Agenda Item No. 17 A March 22, 2005 Page 34 of 127 TRAFFIC IMPACT STATEMENT mS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre~application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity. or unique character of a petition. a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes LevelofSenrice(LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decellanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4,5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. PlannedlProposed Roadway Improvements Aoolication For Public Hearin!! For pun Rezone 11-19-04 6. Proposed Schedule (phasing) of Development Agenda Item No. 17 A March 22, 2005 Page 35 of 127 TRAFF1C IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. TriD Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in confonnance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. TriD Assi2nment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existin2 Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDl 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of DeveloDment Influence ŒDD: The TIS shall cover the least of the following two areas: a) an area as set fòrth below; or, b) the area in which traffic assignments frbm the proposed project on the major thoroughfares exceeds one percent of the LOS "C", Land Use Distance Residential 5 Miles or as required by DR! Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Application For Public Hearinl!: For POO Rezone 11-19-64 Agenda Item No. 17 A 6. Intersection Analvsis: An intersection analysis is required for all intersections wi.~~~~~ where the sum of the peak-hour critical lane volume is projected to exceed 1,200 V~fuc1es Per Hour (VPH). 7. Backeround Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throueh Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. PlannedJProDosed Roadwav Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasinf!: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) Aoolication For Public Hearln!! For PUD Rezone 11-19-04 Division of Corporations "----- Agenda Item No. 1~e 1 of 2 March 22, 2005 Page 37 of 127 , Florida Profit MDG CAPITAL CORPORATION I~,....,.. ._ ~''''''_H__ ..._ __._.....~..._ ........-..,.---.-..--....- .___....__....._....H_._.,..._..___....__.....______. __ ._~_.......__._...__.._..__._< PRINCIPAL ADDRESS 2180 IMMOKALEE RD. SUITE 308 NAPLES FL 34110 Changed 07/14/2000 .. ·-__···_···_..·_........·...__..·..._n.................._.__._ .....'...._.............,...... ,··_....._....M .. ...."........ _..........H .... ·.._..'H....."._HH"... H..~...___..,......._. '.... .. ······_____··..._'..._H.__... MAILING ADDRESS 2180 IMMOKALEE RD. SUITE 308 NAPLES FL 34110 Changed 07114/2000 Document Number P9700oo77123 FEI Number 593468700 Date Filed 09/0511997 State FL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 1lI1412001 Event Effective Date NONE ~-_.- ---" "-- -~-._--~.._.._- H --_.._--~._~.____~"~__.H__.._._~_.._,._< eglstere 1gent I Name & Address I I KLOHN. Wn.LlAM L I 2180 IMMOKALEE ROAD 308 NAPLES PL 34103 I Add.... Changed: 0511012001 I & . dA .....,~_.. .-.------., Officer/Director Detail Name & Address KLOHN. WILLlAML 2180 IMMOKALEE RD 308 NAPLES PL 341J 0 MCCUAN. PATIUCK 21801MMOKALEE ROAD 308 NAPLES PL 341J0 II Title I 18 1c=:=J "- ·>'··.·......_.....H..··...~_._..H..H..._..... ..··__·..···...··.HH..._.___.... ..... .....-..--.-.-...-..... ... ....... .--...-...-...-................... ...······-...._.·___..H...... u eports I Report Year II Filed Date I I 2002 II 0412912002 I I 2003 II 0412212003 I I 2004 II 04129/2004 I Ann a1 & 1.._.__.....__.._.........___....__....._._.___ ···"..···__··__....__.___·....._....h.~............._.. ...._.-......._.........._--...........~............-.._..."".-_.,.--_._--.__..,~.-_..._...._-_.-~......._-----_......._-._..._~"..._......~.,--_._.__..._......_....._.._,.._..__..-----_._~ http://www.sunbiz.orglscripts/cordet.exe?a1 =DETFIL&n1 =P97000077 I 23&n2=NAMFWD&n3==000... 12/21/2004 ...------.-- ~<·""__..o._.., e8:G~/2004 16:52 6595724 08/05/201)4 13: 23 TEL 921i.4Z099 ADDRESSING H M LAND DEVELOPMENT PAGE 01 Aaenda Ite,Q:) No. 17A ~ CCTY ADDRBSSI~r~~~~e~g¡ Page 38 of 127 ADDRJ>~G CBE~~ Lù~ ..PU.Ù g. ~--. Please complete the following and. S1Jhmit for review to the /t.ddressing Section at 2800 North Horsl shoe Drive or fax to (239) 659-5724. Not aU. jtP.m!õl will aDÐlvto evervnroiect. ltem~ in bold Me aœreauire9 Comp,etcd ad.chessiDg checklist is required at the Pre-Application meeting. 1. Letal deseri,!!,don of subject þ1"OPerty Or properties (copy of lengthy description may be altache<. ) See A~ched ~ (' ø " \ ê... ~. ~,- u,... G:. ... c- 9 ~ ~^-1' (' e \ G:. '\ <:0 - Y:=.J...::. Z3 ~ 2. Folio (lTGpertyJD) Dumbet'(.) ofa.bove (attach to, or associate with. legal deacripfÙ:m ifmore ~!B) _00072520000 & OO13f680107 -- 3. S1reet address or addresses (as applìcable. if o.lready assigned) N/A -- 4. Loeation map, showing exact location of project/site in relation to nearest public TOad rig1:rt-of-l ra.y (an'lch) 5. Copy of Sttt'Vey (NEEDED Om. Y FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) Arrowhead Res=rve at ~akc Trafford 7. Proposed. Street nBmC$ (if applicable) NI A - Alreadv rœcrved -- -- -- 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Pedtloll Type- (Complete ,I separate Addressing Checklist for each Petition Type ) DSDP (Site Development Plan) o SDP A (SDP Amendmemt) o SDPI (SDP InsubstantiaJ (]umgc) o S1P (Site Improvement P1an) D SIPI (811'1 Insubstsnti81 Change) o SNR (Street Name Change) o VegetationlExotic (Veg. Removal Permits) ~ Land Use Petition (Variance, Conditiou.ø1 Use, Boat Dock En, Rezone:, PUD rezone, etc.) o Other - Describe: o PPL (Plans & Plm Review) o PSP (PreIiminazy Subdivision Plat) o FP (Final Plat) § LT.A (Lot Line Adjustment) BL (B1astiDg Pennit) ROW (Rigbt-of- Way Pennit) o EXP (Excavation Permit) Do VRSFP (yeg. Removal & Site Fill', lennit) TDR (Tra:nsfer of Development Rii ~ts) 10. Project or development names proposed fur, or already appearing in. condominium documents (ll applicable; indicate wbether proposed or ccist;jng) NLA -- 1. t. Please Check One: ~ Checklist is to be Faxed Back. 0 Personally Picked Op -- 12. ~pHCBDt Name Robq1: L. Duane. AICP _ Phone 239-254-2000 Fu 239·254-~ ~- 13. SIgnatUre on Addressing Ch.cc1dist does not constitute Pxojœttmdlor StrccI: Name approval and is subject to further review by tbe Addressing Section. -- FOR STAFF USE ONLY PrimMyNumber Co n .g Address Numbc:r ç:.. ë:.. 7-D Address Number Address Number Approved by .JlN\.~;Á fVl~a.1"I1 Date ~-"... OLJ '- W:\2001 \2001] 06'iRID\PUDA\ADDRESSINOCHECKUST 040805.doc 11/18/2004 15:20 TEL 92542099 H M LAND DEVELOPMENT IaJ 0021002 Agenda Item Nõ.17 A March 22, 2005 Page 39 of 127 A.FFIDA. VIT Well MDG Capital CQT'lJoration 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 applieation. including the disclosure of interest infonnation. all sketches, data, and other supplemeniary matter attached to and made a part of this application, are honest and true to the best of cnIT' knowledge and belief. WeII understand that the information requested on this application must be complete and aCCW'ale 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 fúrther authorize Robert L. Duane our/my representative in any matters regarding this Petition. to act as I~ M .' Signature 'if Property Owner Signature of Property Owner tJJUAIfb'\ L· {!LoIN Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoi'!1:}nstrument was acknowledged before me this /1' day of ~¡ v', by . Ú./ I (I f~ k't..~:... who is personally known to me or has produced as identification. ,200!L ~~~~ State of Florida . County of Collier ""\t::I\JI~F ¡ ARS()!\\ (Signature of Notary Public - State of Florida) . DENISE lARSON I.W COMMISSION" DD 108384 ËXPlRES; May 3, 2006 ";"nry s.r..c. & I!oncIIç. Inc. (print. Type, or Stamp Commissioned Name of Notary Puhlir.) 4,poolClltien Fer P.blíc D_rinll' For PUB Rezone '/J 4104 PUDZ-A-2004-AR-6888 PROJECT #19990303 DATE: 12/7/04 KAY DESELEM MDG-CAPITAL 2395964399 02/25 105 12:33 NO.896 06/33 Agenda Item No. 17A March 22, 2005 Page 40 of 127 AFFIDAVIT Wel/, ¿,.J(~L/~. KLø/kJ being first duly sworn, depose and say that well am/are the owners 0/ the property described herein and which is Ihe subject matter of the proposed hearing; that all the answers 10 the questions in this application. including the disc/o.rure of interest information. all sketches, data. and other supplementary matler allached (0 and made a parr o/this application. are hones( and true to the best of our knowledge and belief Well understand that the information requuted on this application must be complete and accurate and chalthe con(enl of this form. whether computer generated or Counly printed shall no/ be allered. Public hearing.r wi/! not be advertised until this app/ic:alion is deemed complete, and all required information has been submitted As property owner Well/urther authorize a.r our/my represen/ative in any mailers regarding this Petition. to act Signature of Property Owner -11Iíll(ÌL.~ ¿., V~¿_ Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing Instrumem was oc,,"ow edged befor~Jf!{thjs ; \ _ day of $ , 200~. by I" . () w(Ois pc!!!j.ìtaUy known to me or has produced as identification. State of Florida Cmmry of Collier 7J ~.'~ (Signa/ure ofNQtary Public - State <if Florida) -~ £""" DENISE l.AÆ)ON '-. ß ~ cOMMIS$ION (I DO 1083&& '"It", fl.' eXPIRES: May 3, 2006 \~...,. FL ~ ~OI. ØOf1CIIn¡¡, ~'" (Print, Type, or Stamp Commissioned Name of Notary Public) At'PI.I<:A1l0N n)R Nlttl.IC ntARING FOR STANDARD REZONE-4/14'OJ ('. MDG-CAPITAL 2395964399 08/06 104 10: 50 NO~da ~,f,12o. 17A 3046806 OR: 3111 ~;hli.t;~ UeOOID in OlllCIlL ueoIDS of eOLLlI1 coOln PL 09/17/2002 at 10:3111 BlIGH! I. BRacr, CLIR( , COIS 1000000,00 ue PII 15 . 00 DOC-.70 7000.00 (f) -- This Instrument Prepared By: Thomas K. Boardman BOARDMAN & SPILLER, P.A. 1400 North ISIb Street, Suite 201 ImmokaJcc, Florida 34142 Reu: aOAtDMAI , SPILLII 1.00 I 15TH Sf '201 IDOWU PL 3&142 Parcel I.D. No.: OO132680107~ 00072520000 TH.::tS SPACK PaR RBCORIUNQ DATA .- SPECIAl.. WARRANTY DEED THIS SPECIAL WARRANTY DEED dated the 6111 day of September, 2002, by JAMES E. WILLIAMS, JR., and DIANE WILLIAMS, his wife, whose mailing address is 1300 North Fifteenth Street, Immokalee, Florida, 34143 , hereinafter caned the Grantor, to MDG LAKE TRAFFORD COMMERCIAL, LLC, , a Florida Limited Liability Company, whose mailing address is c/o MDG Capital CorponiLion, 2180 Immokalee Road, Suite 308, Naplcs, Florida 34110, hereinafter called the Grantee. wrrNESSEm: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration. the receipt and su.fficicncy whereof is hereby acknowledged, by these presents does grant, bargain, 5en, alien, remise, release, convey and confinn unto the Grantee, all that certain real property situate in Collier County, Florida, more particularly described on Exhibit "A" attached hereto (the "Þroperty"). NOTE: This conveyance is subject to any easementi, restrictions. reserva.tions, or other limitations of record, as wen as to ad valorem property taxes for the current year. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. AND TOGETHER with the Grantor's right, title and interest in and to all improvements located on the Property including all streets, roads, rlghts-of·way, easements, canals, waterways, beneficial to the Property; and all of the Grcln10r's interest in the air, surface, subsurface, mineral, water and riparian rights appurtenant and incidental to the Property, including, but not limited to, such pennits, approvals, licenses. consents, vested rights, exemptions, and all benefits appurtenant to or used in connection with the beneficial use and enjoyment of the Property, all of which is assigned to Grantee to the extent that the same pertains to the Property. TO HAVE AND TO HOLD, the same in fee simple forever. PUDZ-A-2004-AR_6888 PROJECT #19990303 DA TE: 12nt04 KA Y DESELEM '..'"'.".----. ----.I. MDG-CAPITAL . 2395964399 08/06 '04 10:50 No./iWIdaCXè.ñil8o.17A March 22, 2005 OR~ 3111 PGfat4~f 127 C:'efw\W~peciII Wamuuy'lWllliaInI-MD<J\ WII.I.IAMSM1}(jI....1ŒCOMM.wpd AND the Grantor hereby covenants with the Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good and absolute right and lawful authority to sell and convey the Property to Grantee; that Grantor hereby warrants the title to the Property and win defend the same against the lawful claims of all persons claiming against the Property because of the acts or omissions of the QrantOT but against no other. IN WITNESS WHEREOF the GTBIltor has caused this Deed to be executed as of the date first above set forth. WITNESSES: (Si~¿ ~¿~ Print) F:: ..I, øA r, ~l)~~~~)" ~1e~~uc STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~ -\::b.... day ofScptcrnber. 2002. by JAMES E. WILLIAMS, JR., and DIANE WILLIAMS, husband and wife. They arc personal1t known to me ox.: have produced F10rida Driver's License Nos. as identification. .~ . mŒNSÞ.M. PFllFT1F~ \ . _~._.:A:~ ....~~~¡4.~ :' .. O"...å:Iiu,'jtçC9612:Y~ ¿A1~ rY1. ~~~.'\- NOTARYP~UC Print Name:. y.¿rfl1.J Ga /fJ. (Jd/e1¡'p( Commission No. Commîssion Expires: "T ' . ............~ 1 ¡. MDG-CAPITAL 2395964399 08/06 '04 10:51 /QQ~t:Qlte~I\J~~7A - March ~, ~05 ¡it OR: 3111 p~ ~41527i** . ... Exhibit !lA" .- APORl1ON OF SE:C11~ 3t. TOYeNSHIP .te SOUTH. RANGE 28 EAST. COWER COUNTY. F1..0R10,4. BEING WORE PAA11CUlARL. Y ÞESCRtBED .!J FaJ..OWS: COtAtEHÇE AT 'tHE HOR1HEASTCOAMER OF 1ME SCU1HEAST' 1/4 CF SEC'11ON 31, TOWNSHIP 48 SOUtH. RANct 28 £AST, CXUÆR COUNTY, FLØnDA: 1HENŒ RUN S.01,,'04'"E., At.CNG 1H~ EAST UN£ OF mE SOU11iEAST 1/4 OF' SAID 5tQ11OH31. F'CIR A DISTANCE OF 34.82F££T 10 A PaNT ~ 1HE SOU1Hf..:RL.y RlCItT-oF-WAY UHE OF LNcE TftAFFCIRO ROAD, AI( 80.00 FOOT RlCHT-CIF"-WA~ AND TO A POINT ON A CIRClft..AR aJfM:, c::oHC4w.: NOR11iERt. Y, YfiOSE RADIUS POINT BEARSN.OO"3I"38ë:., A DrSTAHŒ Of" 11.4".20 FEET THWrKON: '!HENCE RUN ~1uø.Y. ~Q 1HE SOU1HERLY RIGHT-oF-WAY UNE OF SAID LAKE TRAFFORD . ROAD. AND ALONG THE Me OF SAID CUM 'TO 11£ RIGHT, HAVING A RADIUS Of' 11,4".20 FEET. . '1HROUGH A CEN1RAI., ANGLE tF cxnn&-. SUBT!NDED BY A OiORD OF ,58.18 FEET AT A ~o OF' N.en4-U.... FOR A OCSTANŒ Œ' 51.18 fEET ¡ TO 'þ£ PQt(J: OF' ~Gt'~~ Œ THE PARœ.. ($" LAND H£RÐN DESCIaB£D; . ¡ lHENCE RUN s.ono"srw.. FOR A DISTANCE OF 458.52 FEE'1; 'tHENŒ RUN : S.01.,"Ø4'"E.. FOR A DISTANCE CF 3.02 FEET; 'nDCE RUN N.88'".f(f4TW.. .' FOR A DISTANCE OF 1to..45 F'EEn 1HeNŒ RUN N..8T5I'1r'W.. FOR A ¡ ÞJSTANŒ OF 1.051.03 ÆET; 1KEMŒ RUN N..21WØ'"W.. FOR A DISTANCE OF i 521.48 FEET TO A PaNT ON THE SOU1HERLY RIGHT-Of-WAY LINE Œ SAID ~ LAKE 1RAfF'ORD ROAD;. 'THOfCE RUN s.aTaa"~. ALOHC 1HE SQJ1HEftL Y . RtGHT-CF-WAY UNE OF SM) LNŒ'TRAFf'ORQ ROAD, FCft.A DCSTNfŒ Of" 1.235.88 FEET TO 1HE BEélNNM CF A TANGEN11AL. QRCULAR anM:.. CONCAVE NOR1HERt.. Y; 'TMENCE RUN EASTPJa.,Y. AlONG 'THE sounŒRL y RIGHT-oF-WAY UNE OF SAID LAKE 1'RAFFORD ROAD, NÐ AI.CNØ"tHE ARC OF SAID OJRVE 10 '»IE LEFT, HAVlNQ A RADIUS OF 11,489..20 FEEt 'tHROUGH : A ŒN1RAI. ANQ..£ Œ' 01'0"'4'", SUSTENDED BY A ØtORD a: 224.89 FEET AT A æ:ARlNC OF 5.88'31'strE.. <OR A DrSTANCE OF" 224.89 FŒT TO 'THE P~NT 0(, 8~~ BEARINGS SHONtI HEREON REFER TO 1Ht EAST UN~ ov ~Ttfë; scum HALF OF SECTtOH 31, .TOYeNSHrp 45 SQJTH, RANGE 2t ~. AS B"r:}!"O .'S"C11'1·ÿ.4'"e:.. ¡ ¡ . ¡ .~ ;. Irl, ¡ ;..t , I. Agenda Item No. 17 A March 22, 2005 3046807 OR: 3111PM:442fr67 ItBCORDBD in OP!ICIAL nCORDS of COLLIIR com!, FL 0'/11/2002 ðt lO:31AK DIIGBT !, BROCI, CLIRl DC m 15.00 DOC· .10 .70 THIS INSTRUMENT PREPARED BY: Thomas K. Boardman BOARDMAN & SPILLER, P.A. 1400 North 15th Street, Suite 201 lmmokalee, Florida 34142 Retn: BOARDMlK & SPILLIR 1400 II 15TH 51 '201 IKKOXlLIB 'L 3t142 Parcel I.D. No: 00132680107; 00072520000 QUIT -CLAIM DEED THIS QUIT-CLAIM DEED executed this 61h day of September, 2002, by WILLIAMS FARMS OF JMMOKALEE, [NC., a Florida corporation, whose address is 1300 North 15th Street, Immokalee, Florida 34142, hereÎnafterca11cd the First Party, and MDG LAKE TRAFFORD, LLC, a Florida limited liability company, whose address is c/o MDG Capital Corporation, 2180 Immokalee Road. Suite 308, Naples, Florida, 34110, hereinafter called the Second Party. WITN E SSETH: That the said first party, for and in consideratioJ'1 of the promises and the sum of TEN DOLLARS ($10.00) AND OTHER GOOD M'D VALUABLE CONSIDERA T10NS, in hand paid by the said second party, the reccipt and sufficiency whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand, which the first party has in and to the following described lot, piece or parcel ofland, situate, lying and being in the County ofCo11ier, State ofF\onda, to-wit: See Exhibit "Au attached hereto. TO HAVE AND TO HOLD the smne togetheT with all and singular to appurtenances thereto belonging or in anywise appertaining, and an the estate, right, title, interest, tien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party. PUDZ-A-2004..AR-6888 PROJECT #19990303 DATE: 12m04 K.A Y DESELEM ~O/20 ~£~'ON L2:02 ~O, g~/~~ 66£t¡96S6£~ l"lId"':)-90W Agenda Item No. 17 A :tfi* OR', 3111 March 22,2005 M~ 4241!7*** ElJIIBIT "A" 1** A PORTION CF SECl10N 31, TOWNSHIP 4ð SOIJ"Oi. RANGE 29 £AST./COUJER . COUNTY, FlORIDA. 8~G YORE PARllCULARl Y DESCRIBED AS fCUOWS: COJ.CWEHCE AT 'THE NOR1H£AST CORNER OF'THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 4e SOUTH. RANGE 29 £AST. COUJER COUNTY, FlORIDA; THø.œ RUN S.01,,'04"E.. ALa-IC 'THE EAST UN! OF THE SOU1HEAST 1/4 OF SAID SECl10N 31, FOR A DtSTANŒ OF 34.82 FEET TO A POINT ON 'THE SOUTHERLY RJCHT-OF"-WAY UHf rs LAJ<£ TRAFFORD ROAD, AN eo.oo FOOT RfGHT-OF"-WAY; THENCE CONTINUE . S.cn"'04"E., . At..CWO 'THE tAST UNE OF THE SOUlHE:AST 1/4 Of SAID S'£ClICW 31. FOR A DISTANCE Of' 2..Ei26.06 F'ŒT TO SOUlHE:AST CORH£k OF THE $OU1HEAST . 1/4 OF SAID stanCH 31; 1HENŒ RUN $.89"02'21...... AlOHG THE SOUTH UNE OF THE SCXJTHEAST ~4 Of $.4JD SEC110N 31. FOR A DISTANCE Of" 100..00 FEET TO 1HE ~NT ~ ~ NNI~Q Œ' 'THE PARCEL Œ LAND HEREIN DESCRIBED; tHENCE RUN S.00"44'14-£.. Fæ A DISTANCE OF 1.212.42 FEET; 1HENCE RUN s..mS-4I'"W.. FOR A DISTANCE OF' 1.<431.32 FEET: 1Ha.œ RUN N.22'08'54~, FOR A ÞrSTANŒ Œ' 1,173.80 ÆET 10 THE BEGINNING Of" A TAHGENl1AL. aRCUL.AR CUR'Æ, CQiCA-E VIES 1tJ'CL. Y; lHENŒ RUN N~1HERL.Y A1.~O THE ARC OF SAID CURVE 1'0 THE LEfT. HAVING A RADfUS OF 1.200.00 FEET, iHRWCJt A ŒN1RAL. ANQ.£ OF 13"'4T5r, . SUB1EHOED BY A ØlORD Œ 288.32 FEET AT A BEARING Œ N.15,,'SS"e:... FOR:A : orsrANŒ Œ 288.02 FEET TO A POINT Œ RE\ÐtSE CURVE. CONCAVE EAS1ERI..Y: : 1HENCE RUN NORTHERLY, .At.aiG mE ARC OF" SAID aJRVE TO THE RIGHT, HA"'O : A~RAOIUS a: 1,150..00 FEET, 1HROUGH A œnRAL. ANCU: OF f8"3T54-, SU£rÆHDED : BY A OiòRD OF 372.32 FEET AT A BEARING Œ·N..1T39·5r'E.. f'e. A DtSTANŒ Of' , 373.its FEET 1'0 THE END OF SAID C1JfM!: 1'HEJI«% RUN H.21"S8"49""E.., FOR A , DtSTANŒ Of' 68.18 f'ŒT TO A. PaNT ON A aRCUt.AR CURVE'., CONCAVE Nc:F(THDlLY. 'MiOSE RADIUS POINT BENtS H.2tr46' 4J""E.. A DfSTANCE OF 1.310.00 FEET 'THER£FROM; !HENCE RUN EASTERL. Y ALONG THE NtC OF' SAID CURV£ TO 'THE lEFT, HA\1NG A RADIUS OF' 1,310.00 FEET. lHROUGH A cortRAL. ANGLE OF 21"SÏ.c.r, SUBTENDED BY A OofORD OF 498.00 FEET AT A BEARJNQ Of' S.8O'12'10"E.,. FOR A DfSTANCE CF 502.18 FEET TO 1HE DID OF SAID cORY!: 11iENCE RUN H.8I"48'56"E.., toR A DISTANCE OF 251.85 FEET: ~a¡ RUN s..01..U·O"'·E... F'OR A DtSTAHŒ OF' 470.50 FEET TO THE eOlN'T Of: BFQ{NNrNG: . . _. ** AIm SECTION 6, TOWNSHIP "7 SOUTH. RABGl: 29 KAST /, BEARINGS SH~ HEREON REFER TO 'THE EAST UNE or "I'HE SOU1MEAST 1/4 Of" SECTION 31, TOWNSHiP 46 SOtrrH. RANGE: 29 E.~. ~ER COUNTY'. F'LOR!DA, AS BE]NG S.01'1'04-E. ~O/~O ~£L'ON ¿2:02 ~O, BL/LL 66£~96S6£2 1VlIdV)-90W J' ø PRE-APPLICATION MEETING NOTES o PUD Rezone)&1 PUD to PUD Rezone Agenda Item No. 17A March 22, 2005 Page 46 of 127 ) AI-&5}Î Date: R· 2(.,-0 Ll Time: Z '.IS" Firm%fbUQf"r2- vý HnlQ.. ~es Project Name: Ar<Rf)W~r:=:.þJJ 1>UD Applicant Name: M,t:x; (ÞP:r:rAL-. Phone:~~ 2.02.C:, Owner Name: Owner Address: Phone: KfuJ ~~ .\Q..fY1 1, Meeting Attendees: Planner: 0~\=\ W 6ø;- Submittal Requirements (refer to application for additional requirements) 24 Copies of the following: (mAl additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) æ- Completed Application (downtoo.d. c.u.rftnt à.oc.U~t ~ 1Yl Pre-application Meeting Notes (]/ Conceptual Site Plan 24X 36" and One 8 1h X 11" copy Q/ PUD document a.nd Master Plan 2 Copies of the following: W DeedslLegals & Survey (if boundary of original PUD is amended) ßj/ List identifying Owner & an parties of corporation GJ.,/" Owner/Agent Affidavit signed & notarized [1..--- Completed Addressing Checklist 4 Copies of the following: ~ Environmental Impact Statement (EIS) or waiver - ¡f /€Sf -d.A.., 5'f.~c..'-J d G...- Historical Surveyor waiver request r.eq Ul Ÿ ~d á (10 []/ Utility Provisions Statement w/sketches @ I A- Architectural rendering of proposed structures [lJJ A Architectural Review required Q'" ~ Survey, signed & sealed . r-1/ ~t. wa/vefi- I- I b -JI. ¡J Ljf' S1(venQ)Traffiç:ImpactStatement(TI . . JP¡;kr~" v'trS1ÐY) (flUS Q¡¿ gu. lYiJlffJJI ~ <::'-\'\.cLck wI A\ëM() £('01 \ ðfL ~ (.J41t/-e-.r2- Five (5) copies of Recent Aerial Photograph (with habitat areas defined) mm scaled I" = 400' nu ~chf7TI . uJe{ I v.èr fer¡ U I Î .eJ o ßY' ~ One (1) Electronic copy of all documents in Word format and plans (CDRom or Diskette) \.,) ?'DFmG- ~L - ~ \..A~ One (1) Letter of no objection from the United States Posta! Service. Contact Robert M. Skebe at (239) 435-2122. PUDZ-A-2004-AR-6888 PROJECT #19990303 DATE: 12/7/04 KAY DESELEM · Agenda Item No. 17 A March 22, 2005 Page 47 of 127 Fees: Applic.ation Fee: D $10,000 + $25 per acre (plus Property Owner Notification fees) m8,OOO amendment + $25 per acre ~ ßt" !-f2.7 sf $150.00 Fire Code Review .\ 2to ~f $2,250.00 Comprehensive Planning Consistency Review ~ K.F $500.00 Pre-application fee (to be credited toward application fee if submitted within 9 months of pre-application meeting. ~ $681.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt ofInvoice from Naples Daily ~ News). IJ:] . $205.00 Legal Advertising Fee for BCC meeting . ~ $1600.00 Environmental Impact Statement review fee ;¡i-I'Tf.€.Iru(. * Property Owner Notifications $1.00 Non-certijied; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review Fee Total $ Meeting Notes ~ ... . " l . '\ \. I ¡ _ - II . -SJ-/t2H:.Jr '\ t:Nf\ : \AJOf~ .ç;('Ct- \""'\0 ug \ Y\ -3 . (" 5 "z..r; ~~~;~~~r ~~~~'ì~~~~~\~r~\~~ G;:> W~ ~\1( t$. let '.5\7';' ç. C ~11 Ç-C; .71:1..(0\0\- t \'i\l. ~ W II/..k, *Ã cu,D1~ ~~~p=- ':ì> !onSf t'(oû,4. ,o,-t-r,It...+\a r>J t ~i;: v~""~ ~.ç ?Vb h-. . ~~\n~~~~ ~Uí) ~M~ ~t~.~~~o~ .0<'&- ~~w 1 \-0 'v ~ CÃ (1 . ~ - OQ S Vì\) \ \ , ~~,:"à..S~~h:~~~ <>f~. f]:; ~(bJt(' w\\\ 26' k ~W. ~~~g~ -~æ~ ~i\ ~~~{- ~~~\~~~ [Q~j - ~~ uI «'am ~~ ~1j\dbÒJ.JMj~. I'f\ WQ df'r', (Q3oa\ltg '\?QY-~ Q(Q() t\ tìY\ ~\t1.JJ... _ -J ~ Puo CO¡1nt+lít-'+S -/t) +(VJjrI!,f1Ilf4y/d¡J ÅPPv::;;:;;;~;r ~ 1:id"~7M ~ cJ~'S{. pt-r u>C! Z- 1· 2:3.5 Agenda Item No. 17 A March 22, 2005 Page 48 of 127 '~ . f~ Mf~~ ~ ~ Mø1i fI5 ~. ~ AI<W1A"f, ~" 'AJD ~lféD NÞt/V6 1WÐ fNLf'r (~iMrD.) Cl'l-O Td~ 'tC> J~ Ueld~. ,,~ . 1~(t I , lf~ sk,J sd~ ..fð ~_~,5~ ~ ~ p ~ud-- ~ ~. ¡f}~ '}'/. '1 ~ ~ ~ M ~ t.-- 'Pt/./)~. J.¡¿. érS ()fiA if: ~~ S,i!O-rJ' U. Not-as ¡JluÁ. J ,J t1f1/1 -ffL'¡f¡JSf¡f~ .I..A..J L~/vl!., t"...l.fd f Cr~tø ¿ ¥r- \) L£:¡:.J- 1',rr 1-) TI) /¡; Le~> jÌtI1,-1 1. ýe11t) J) >·10' ~II¡(! j Ló.J Ir ~/I f I'oJ t, f flh",þt.. d'" C1>'J. I- 1#, f/IIrFfr t w.,¡;r)c(, PRE-APPLlCATION MEETING SIGN IN SHEET Agenda Item No. 17A March 22. 2005 Page 49 of 127 Mf!.DW\-\EAD ~UD Project Name 'i? - 2C:. -oL/- Date of Meeting Ii~~~itt~ Name Division/DeptlBusiness Name Phone Number E-mail address Kay Deselem - CDES/Zoning & Land Development Review [239) 213-2931 kaydeselem@cofiiergov.net ~/é~~ q-- Ml~ ~J~\#... ~ ~~ ~re 7J 4-.lJit Q I/.h'} .;.-JO€~tf.rz¿~ C'/~ 2]Ij-ZIJ-Z'ifJ "2J'2.. V'Iêú. . 2$' <t' _ '2. "00 ~o7-.ß.-3<;;.5- 511~"q"1^,-(Q r~ ¡Jð<.J /Jd 1hI~{-·V,..tRH!oJl'~Jlêt- æ,O ']J¿,,,,, '-. ~ /I,¿ /f.¡"",/rl",) , CqM, F:\Pre-AppsIPre-App sign in sheet.doc revised: 8/5102 DeselemKay subject~ Location: Pre-app PUD Amendment - Robert Duane, Agent cds-c Agenda Item No, 17A , ~~rr.h?? f~~~ age 50 0 Kay Deselem, Planner .c· start: End: Thu 8/26/2004 2: 15 PM Thu 8/26/2004 3:15 PM Required Attendees: (none) Accepted CDS-C; DeselemKay; AblerKenneth; chrzanowski_s; SawyerMichael; HiIIWes; podczerwinskyJohn; wileLr; mason_s; EIUrfaliAlan; CasalanguidaNick; scott_d; muller_r; weeks_d; HeathGlenn; bedtelyonJ Recurrence: Meeting Status: Pre-app PUD Amendment - Robert Duane, Agent, Hole, Montes, 254-2000, Ext 2026, representing MDG Capital, for PUD amendment to the Arrowhead PUD located in Section 31, Township 46 South, Range 29 East and Section 6, Township 47 South, Range 29 East located at the intersection of Lake Trafford Road and Carson Road in Immokalee. The PUD amendment is to change lot sizes within the PUD. 1 Agenda Item No. 17 A March 22, 2005 Page 51 of 127 NEIGHBORHOOD INFORMATION MEETING (N.I.M.) DATE: 1/12/05 TIME: 5:30 P.M. LOCATION: Immokalee Library, 417 N.lst Street, Immokalee, FL SUBJECT: PUnZ-A-2004-AR-6888-Arrowhead pun *IN AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBUC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE YOU INFORMED OF TODAY'S MEETING? 1. Mailing 2. Newspaper ad 3. Other ,p., lease P riD,t Name A,ddre, S" S ~, Survey # UÑ~'iDU-ÜJLU£R µPT't f\ci ~.. . - COL\Ii>t- en X)4 1) 1l.1l.- ~ rvtþ(~ (" /JfJr7lrL cn'(.2.# - f53S.'fi4)()e/.... ~.~"-O___ HM A~~ b?6ß HOLE MONTES eNGINEERS, PLANNERS· SURVEYORS Agenda Item No. 17 A March 22, 2005 Page 52 of 127 950 Encore Way' Naples, Flonda 34110 . Phone: 239.254.2000' Fax; 239.254.2099 November 23, 2004 Ms. Christine Willoughby Collier County Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 PtnOZ_A-2004-AR-6888 PROJECT #19990303 DATE: 1217104 KAY DESELEM Re: Arrowhead PUD to Mixed Use PUD HM Project No.: 2001.106 Dear Ms. Willoughby: Please find enclosed 24 copies of a rezoning application for the Arrowhead PUD located in Immokalee, Florida in Section 31, Township 47 South, Range 29 East (see attached project location map). The rezoning request is to change the zoning from PUD to a Mixed Use Planned Unit Development. A check in the amount of$18,986.00 is enclosed to process the petition and pre-application notes are attached. 1 . Backf!found The existing zoning allows for 1,245 dwelling units with a mix of single and multi-family units. The gross density of the property is 4.3 units per acre. The subject property comprises +/-307 acres and +/-49 acres is contained in a wetland preserve area and +/-13 acres is contained in an upland preserve area, and 14.5 acres in upland buffer areas for a total of 75 acres of preserve areas. Fifteen (15) acres of the subject property is also approved for commercial use, allowing an overall development intensity of 130,680 square feet. Access to the subject property is provided from Lake Trafford Road and the future extension of Carson Road. Water and sewer service will be provided from the Immokalee Water and Water District. The site is in the early stages of construction. Construction plans and the subdivision plat have been approved by Collier County and all other permit approvals have been obtained for the project including the South Florida Water Management District permit. The project is an affordable housing project. 2. Proposed Reauest The only substantive change proposed to this POO is to Table 1, the development standards for residential development. These and other miscellaneous changes include: W:\2001\2001106\RLD\PUDA\cw041 119 app Jtr.doc RECEIVED NOV 2 4 2004 Naples' Fort Myers' Venice Ms. Christine Willoughby Collier County Development Services HM File 2001.106 November 23, 2004 Page 2 Agenda Item No. 17 A March 22, 2005 Page 53 of 127 a. The minimum lot area for single-family use is proposed to be reduced from 6,000 to 4,000 square feet. b. The front yard setback is proposed to be reduced from 20 feet to 15 feet for single-family duplex and townhouses. The 23-foot setback from the sidewalk to the garage will be maintained. Language pertaining to the setback from the garage is also incorporated as a note within the context of Table 1. c. The rear yard setback for single-family, duplex, and townhouses IS also proposed to be reduced from 25 feet to 12 feet. d. The rezoning request also includes updating references to new OOC sections number and changing the name of the PUD to a mixed use planned unit development. With regard to the criteria contained in the UDC pertaining to Mixed Use Planned Unit Developments, in Section 4.07.04, based on my discussions with Ray Bellows, these requirements as they pertain to commercial uses are not relevant to this planned unit development because the commercial uses contained in this section of the UDe pertain to village centers which provides for internalized commercial uses within a POO. The commercial component of the existing PUD derived its' commercial use from the Neighborhood Center District set forth in the lmmokalee Master Plan and access is provided from Lake Trafford Road. Therefore, the requirements of Section 4.07.04 are not applicable. e. Based on the results of our pre-application meeting, given the small size of the residential lots, County staff suggested that a list of low maintenance trees be provided for in the PUD. The recommended tree species have been incorporated into Section 8.12 of the PUD. 3. Transportation A request for a waiver to update the T.I.S. prepared on July 10, 2002 is part of this request. While the T.LS. is slightly more than two years old, the density is not proposed to be increased and we trust after the transportation has reviewed the T.LS., the waiver will be granted. Also attached is a copy of prior correspondence to County transportation staff requesting the waiver as a follow up to our pre-application meeting. Ms. Christine Wi110ughby Collier County Development Services HM File 2001.106 November 23, 2004 Page 3 Agenda Item No. 17 A March 22, 2005 Page 54 of 127 E.I.S. Waiver The E.I.S. reviewed in conjunction with the rezoning in 2002 is still current and a waiver is requested to prepare a new E.I.S. As noted, the project has been pennitted and is under construction. Copies of the prior E.l.S. will be provided upon request. Archeoloeîcal An archeological study was submitted with the prior rezoning application. An archeological mound exists on the subject property and will be preserved in its' entirety within the dedicated preserve area on the PUD Master Plan. A copy of the prior archeological study is provided with the appJication. Growth Manaeement Plan Based on a review of the prior rezoning application, the approved zoning was found consistent with the Immokalee Master Plan. Two land use classifications are contained on the subject property. The statement of compliance in the PUD outlines the basis for consistency with the Growth Management Plan. In closing, we trust you will find the proposed changes to the Arrowhead Mixed Used Planned Development for affordable housing to be consistent with applicable provisions of the lJDC and Collier County Growth Management Plan. N, we discussed at our pre- application meeting, should an abbreviated PUD amendment procedure be adopted while this petition is under review, we would like the proposed petition to be subject to any new procedures discussed and be eligible for fee reductions which may be available. At the time of this application no such procedure is currently in place. Thank you for your consideration in this matter. Sincerely, HOLE MONTES, INe. {.\..·~y'ß4 ~ Robert L. Duane, A.Le.P. Planning Director RLD:nbj c: Bill Klohn George Hennanson Attachments ,.-Þ_.~.·.:-----" £ ~cQ.r~ TRIP GENERATION & ARTERIAL ANALYSIS Agenda Item No. 17 A March 22, 2005 PUDZ-A-2004-AR-6888 Page 55 of 127 PROJECT #{999()303 DATE: 1217/04 ~1r"«=>~ESELEM iW3,GfD PREPARED FOR ARROWHEAD - IMMOKALEE PROJECT NO. 020512 ... . ..._.m.·.y"."....__~_.~.. . ..._...... ...._ H_..... ..._._..y.... PREPARED BY: M~!rºII:'ª I!S port-ª-t.!~ºGJ:'<?_~.I!,Jn~~_ 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 941-278-3090 .___.. - .... -- .... '''. .__''.·__.~_w···,,'·^w__.._.~____~~_........ , ...---.....-- July 10, 2002 - Agenda Item No. 17 A March 22, 2005 Page 56 of 127 f1l3 ;.'GID. t. . " .' ;;_!' CONTENTS 1. EXECUTIVE SUMMARY II. INTRODUCTION III. METHODOLOGY & TRIP GENERATION STUDIES IV. CORRIDOR STUDIES V. LEVEL OF SERVICE DETERMINATIONS AND IMPROVEMENTS VI. CONCLUSION ___..._.__~.,.________~... . ._.._._.~__._.___._'.._.~.._'_W__ -.-------, LIE· ! ·.râD.· .. .. .].. ··..1 , .: ! Agenda Item No. 17 A March 22, 2005 Page 57 of 127 I. EXECUTIVE SUMMARY Metro Transportation Group, Inc. (Metro) originally prepared a traffic impact analysis to assess the impacts that the Arrowhead project in Immokalee would have on the surrounding roadway network. In that study, utilizing generalized Level of Service volumes ITom the Collier County Department of Transportation Planning, Lake Trafford Road and S.R. 29 were shown to operate under LOS "F" conditions by the project build- out year of 2008. As such, a further defined analysis was conducted by Metro utilizing a more detailed Level of Service methodology in order to more accurately estimate the future level of service on these two roadways. In order to complete the analysis, Metro completed two primary tasks, the first being a trip generation study of the uses proposed as part of the Arrowhead project to determine if these uses located in a rural community setting such as ImmokaIee would generate similar trips as contained in the Institute of Transportation Engineer's report, title Trip Generation, 6th Edition, which is a compilation of surveys of various land uses ITom all across the Country. The second task was to complete a more detailed arterial capacity analysis utilizing the methods outlined in the most recent edition of the Highway Capacity Manual. The software packages SYNCHRO© and HCS© were both utilized in this process to further define the projected level of service based on future traffic conditions. Arrowhead is a proposed approximately 307 acre mixed use development that is located on the south side of Lake Trafford Road just west 0 f Carson Road in Immokalee, Florida. The original Traffic Impact Statement, prepared by Metro, dated April 9, 2002, was ··-·-~itted···toCoHier··€1:mfity-.fur ·reviewand·'identiftes-the-proposedscheclttfe-of-uses..and. .. m__________ the breakdown between residential unit type. As contained in the TIS, the project will consist of approximately 130,000 square foot neighborhood commercial retail center and a totaJ of 1,245 residential units, of which 436 of those units are proposed to be single family homes and the remaining 809 units will be multi-family units. Page 1 Agenda Item No. 17 A March 22, 2005 Page 58 of 127 The trip generation studies conducted by Metro surveyed similar type land uses located in rural areas of Southwest Florida. This included residential communities in Immokalee and LaBelle, and commercial centers in Immokalee, LaBelle and the Fort Myers Shores area of Lee County. With the exception of the single family home communities surveyed, the remaining uses surveyed generated trips similar or slightly higher than what is estimated in the ITE report. Therefore, the ITE trip generation information for the retail uses and multi-family uses continue to be utilized in this analysis. The single family home trip generation, as further described in this report, was utilized for this analysis and the trip generation of the proposed Arrowhead single family home portion. The revised trip generation was then assigned to the surrounding street network and a detailed corridor analysis was conducted based on the projected 2008 traffic conditions. Both SYNCHRd' and HCS© were utilized in preparing the analysis. The results indicate that both Lake Trafford Road and S.R. 29 will operate within the adopted Level of Service standards in 2008 with the Arrowhead project assumed as full build-out. Table 1 summarizes the future Level of Service Volumes on Lake Trafford Road and S.R. 29 in 2008 based on both SYNCHRO© and HCS©. Table 1 Projected Level of Service Arrowhead - lmmokalee ...-----.,. . .-----~_._-_..,.__._-_.,......._.._----_....y._-- As can be seen from Table 1, with the exception of the weekday PM peak hour based on the RCS analysis, each corridor wi1l operate at or above the adopted Level of Service once the Arrowhead project is completed. Based on the HCS analysis and review of the two signalized intersections along this section of S.R. 29, improvements to the intersection of S.R. 29 and Immoka1ee Drive intersection are recommended. These include the modification of the signal phasing to allow for protected left turns from S.R. Page 2 Agenda Item No" 17 A March 22, 2005 Page 59 of 127 29 onto rmmokalee Drive, such as what currently exist at the Lake Trafford/S.R. 29 intersection. In addition, a separate eastbound right turn lane would also improve operations of this intersection in the future. With the recommended improvements identified in this report, based on the more detailed Level of Service analysis for Lake Trafford Road and S.R. 29, these two corridors will operate at or above the adopted Level of Service standards for these two roadways. . '-Y"-'..._._--- ^'"'''-'___'_'~__'_~_..'m''''''_.__''~'''''''._'__'__'''''._....'''~_..___._ ..........._--... Page 3 Agenda Item No. 17 A March 22, 2005 Page 60 of 127 I. INTRODUCTION Arrowhead is a proposed mixed use development that wì1l be constructed on approximately 307 acres located in the southwest quadrant of the Lake Trafford Road and Carson Road intersection in the Immokalee area of Collier County, Florida. The previous traffic impact statement (TIS), prepared by Metro and dated April 9, 2002, identifies the proposed schedule of uses proposed for this development. Based on the results of the original TIS, further analysis was completed in order to assess with more accurate methods the anticipated Level of Service on the surrounding roadways once the Arrowhead project is completed. This additional analysis included two parts, one being a trip generation study to determine if the uses proposed in the Arrowhead project would generate similar trips as contained in the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 6th Edition; and second, a more detailed Level of Service analysis utilizing methods contained in the latest version of the Highway Capacity Manual. This report wî1l describe each of these in detail. A methodology meeting was held with the Collier County Department of Transportation Planning on April 8th and May 10th to discuss the trip generation surveys as well as the methodology utilized for the detailed Level of Service analysis. It should be noted that the detailed Level of Service analysis is similar in scope to the recent analysis conducted for two residential projects along Immokalee Road in western Collier County (Terafina and Mirasol) that was reviewed and approved by County staff. .. --In:---···-METHOUOLUGr~TRJYGENERATIO~STUDIES The trip generation study methodology was based on trip generation studies typically conducted for independent impact fee evaluations. Three sites of each use were selected and surveyed during three weekdays. Arrowhead is proposed to develop with both retail and residential uses. The retail uses are proposed to include a neighborhood style retail center that will attract shoppers from the local area and ftom within the development. Page 4 Agenda Item No. 17 A March 22, 2005 Page 61 of 127 Similar retail centers that were surveyed included the Winn-Dixie anchored retail center located just east of the Arrowhead site at the northwest comer of Lake Trafford Road and S.R. 29 in Immokalee. Other centers surveyed included the V-Save center in LaBelle, located at the northwest comer of S.R. 80 and State Route 29 and the third center selected was the Winn-Dixie anchored center located on S.R. 80 just east of Buckingham Road in the Fort Myers Shores area of Lee County. Based on the peak hour surveys of these sites, the trip generation determined was very similar to that contained in the ITE report. Therefore, the rates contained in the ITE report were utilized in this analysis. The multi-family sites selected for trip generation surveys were located in the Immokalee area. This included several complexes located on Lake Trafford Road. Again, these sites were surveyed for three consecutive weekdays. Summaries of the counts indicated that the trip rates from the surveyed sites were very similar to that contained in the ITE report, and therefore, the rates as contained in the ITE report continued to be utilized for this land use. The single family surveys were conducted at three subdivisions in LaBelle. These sites were selected due to the lack of similar type single family home communities in the Immokalee area and the similarity that LaBelle has with the Immokalee area. LaBelle is a rural community located in Hendry County, approximately 35 miles from Fort Myers. This is a similar distance in which lmmokalee is located from Naples. The only comparable síte in the Immokalee area is the recently approved Jubilation development, which is still under construction. Price ranges of the proposed single fàmily homes in the ......- .. --.. ÄITowhea(rpro}ectwmbearound$8Ü;ÖÖÖto$f3Ö;ÖÖO~·whîch isslmilailnpncerangeto homes currently for sale in the areas in LaBelle which were surveyed. Location maps of the neighborhoods surveyed in LaBelle are attached to this report for reference. . .--.-.---.-........ '.. .'......... .... -,..... The results of the trip generation surveys for the single family home communities indicated that these types of units in rural areas do indeed generate less trips that what is contained in the ITE report. For instance, during the weekday A.M. peak hour, the Page 5 Agenda Item No, 17 A March 22, 2005 Page 62 of 127 surveyed trip rate averaged between the three sites, was approximately 0.44 trips per unit, compared to the average rate contained in the ITE report of 0.75 trips per unit. During the weekday P.M. peak hour, the surveyed trip rate was approximately 0.82 trips per unit while the ITE rate is 1.01 trips per unit. Therefore, as can be seen from the surveys, single family homes in the rural communities with similar price ranges, the trip rates are approximately 20% to 40% less than what is contained in the ITE report. Table 2 summarizes the trip generation rates used for this study as well as the rates contained in the ITE report. A summary of the traffic count data collected and the trip generation rate calculations is contained in the Appendix of this report for reference. Table 2 Trip Generation Rates Arrowhead - Irnmokalee Single Famil Home The same distribution of trips entering and exiting as contained in the ITE report was utilized. Table 3 summarizes the revised trip generation of the proposed Arrowhead development based on the new trip generation rate utilized for the single family homes. The same trip generation as contained in the original TIS was utilized for the multi-family units as well as the retail uses. In addition, the same internal capture rates were utilized for these uses as contained in the original TIS. These rates are shown in Table 4. ^~____.__._nw..___' Table 3 '--'T-n:p-6enemtion"--'" ,.', ,. Arrowhead Immokalee ..-.--_...._.~- ,..,. ',"(',.[ :,;"j7--.:~ -ot''', -''''?" ,"" ":.~ÿ.,''''i ~'"i'f ;r ,';,---'--,- ,-,;-,:~,~-,-......,: ¡:::-, "1'f ;.~,:;; '-, ~ '" l"~<:'~T"''', ;- , l)-O¡1.'O ,~'" ,::t,·..;, .' ;:..:~,:j:,.j:;.~;\\; ~"":;Jl' ~ ''f;.<;;,."d,'':,: .',';:'·('".,'J,~,¡~;t~,~lf'. ,,~w.".:,'J,'~I~'U' ,L }!!Þ';J!Þ. ,,d ~" """,>,,~I,,,\!i""_ I 'v ".::;' -~, ,')-, 7; ,.".: co- w ~ ,-.~- ~, .,,- ',: 'r,,' ,,' .' ~~ ,'':-- j If 4" ' ~ .&1 ,~ 1'-'" \wAtl1 ...1 l', [7:' "hit ~,IO~d1j(. "tt ~1:'1g' :: t't ~.~~ ~ Retail Center Single Family Multi-Family Total 115 50 45 210 70 140 220 430 185 190 265 640 360 210 230 800 385 150 115 650 745 360 345 1,450 8,070 3,630 3,850 15,550 Page 6 _._-~-- Agenda Item No. 17 A March 22, 2005 Page 63 of 127 Table 4 Internal Capture Trip Reduction Factors Arrowhead-Irnmokalee Table 5 shows the revised total trip generation anticipated to be generated by the Arrowhead development. rf1>'t~~"~-Y\rr~"" "';;'t .~"r, -~\ ç1..U "~1:)1<~¡~\~ . ;. "'IJ.:~","r :r:; I,~' ~t,';-1.J~,:<S:,-"J , k }: ~.., ;1\1;,' ~I~·:;f' "~ì ,'<,":- ",>~...., . .' ( h "-'.\,r ."~"J'I }l fr- "i~ 4 ',rOt !~I,\l" ¡¡:~"t.l, t\ (\ ¡'¡~:.!\'~ t ¡to" ,,:,~., L ~ðtlj¡[ :¡I,if WI~~~' ~:1)~'JL'J'( ,!,OJ - ^.~ ,,' ~... 1~¡1"~1 1'\ ',1::.1: ¡".,~ '", .' ,." If"i. . I ~ It!; ~ ~ ill I ~. ¡'~ 1!! ',I;~ I ,"if.' 'L ¡ I~_---=---~-=.::~-- ._______'~-_:.:_:___~-_- __::......:~ Residential Trips 95 360 455 440 265 705 Less Internal Capture 0 0 0 45 -30 -75 Retail Trips 115 70 185 360 385 745 Less Internal Capture 0 0 0 -40 '-40 -80 External Trips 210 430 640 715 580 1,295 Table 5 Trip Generation Purowhead-Irnmokalee The trips shown in Table 5 were then assigned to the surrounding intersections and street network ba.<;;ed on the distribution as previously utilized and agreed upon in the original TIS. These trips were then added to the projected background traffic volumes that were taken :&om traffic counts conducted by Metro and increased by a growth factor to determine the future 2008 traffic conditions with the project. Page 7 ..-....-- Agenda Item No. 17 A March 22, 2005 Page 64 of 127 V. CORRIDOR STUDIES Based on the original TIS, Lake Trafford Road, between Carson Road and S.R. 29 as well as S.R. 29, from Lake Trafford Road south through Irrunokalee Drive, were shown to operate at LOS "F" based on the generalized Level of Servíce volumes utilized by the Collier County Department of Transportation Planning. The methods used to determine the Level of Service Volumes for these roadways is based on FDOT procedures and is typically more of a general picture based on conditions in the field. There are more accurate methods to determine arterial Level of Service and this report utilized those methods in order to more accurately estimate the future Level of Service on Lake Trafford Road and S.R. 29 in the vicinity of the site. Lake Trafford Road is a two lane roadway that extends from Lake Trafford east through the S.R. 29 intersection. There is a posted speed limit of 45 mph on Lake Trafford Road. Between Carson Road and S.R. 29, there are many intersections serving local development. Some provide left and/or right turn lanes to accommodate turning movements but most do not have dedicated turn lanes and are considered minor intersections. There are two signalized intersections within this segment, one at Carson Road and the other at S.R. 29. The trips associated with the Arrowhead development were assigned to the surrounding roadway network based on the trip distribution contained in the original TIS prepared by Metro. These trips were then combined with the backgr01U1d traffic on each roadway, increased by a growth factor, to obtain the future year 2008 traffic volume with the . ArrowheacLprojecL . .....H .... The background traffic growth on Lake Trafford Road, between Carson Road and S.R. 29, was assumed to be approximately 2.5% per year. This is lower than the rate contained in the original TIS due to the fact that there is very little new construction going on along Lake Trafford Road, with the exception of the Jubilation development as previously mentioned. The development of Arrowhead will be the predominate increase Page 8 <,- Agenda Item No. 17 A March 22, 2005 Page 65 of 127 in traffic growth, therefore, increasing traffic on Lake Trafford Road by 4% to 5% per year would essentially be double counting growth along this section of roadway. The growth rate on Lake Trafford Road west of Carson Road was lowered to 1.5% per year since this is even further remote :trom future development and the only active non- residential land use in this section is the elementary school on the north side of Lake Trafford Road. Lake Trafford Road tenninates further to the west and there are no plans currently on file with Collier County for any future projects that would substantially change the growth along this section of roadway. S.R. 29 is a two lane arterial roadway with a center painted median utilized for left turn movements. S.R. 29 has a posted speed limit of 45 mph. Signalized intersections along the subject segment of S.R. 29 include Lake Trafford Road and ImmokaIee Drive. At the intersection with Lake Trafford Road, separate left turn lanes are provided on S.R. 29 and a single approach lane for the through/right turn movements. On the Lake Trafford Road approach to S.R. 29, there is a one lane approach on the east side of the intersection and a separate right turn lane on the west side. The signal phasing at the S.R. 29/Lake Trafford Road intersection provides for protected/permissive left turns tram S.R. 29 onto Lake Trafford Road and pennissive movements on the Lake Trafford Road approach (green ball only, no left turn arrows). At the intersection with Immokalee Drive, S.R. 29 also provides separate northbound and southbound left turn lanes and a single lane for through/right turn movements. Both approaches to S.R. 29 on Immokalee Drive currently have a one lane approach. The traffic signal at this intersection operates as a two phase signal, with no protected turn phasing on any approach. In order to analyze both the Lake Trafford Road and S.R. 29 conidors, two separate arterial analysis methods were perfonned. The first method is based on modeling the conidors in SYNCHRO<1:>, Version 5. The second method is based on performing a Highway Capacity Manual Arterial Analysis utilizing the Highway Capacity Software, HCS 2000<1:>. In both cases, each conidor was analyzed based on the following scenarios: Page 9 .«--- a, .">".'___ Agenda Item No. 17 A March 22, 2005 Page 66 of 127 2008 traffic conditions with full build-out of Arrowhead The development traffic was distributed to the surrounding roadway network based on the trip distribution as contained in the previously submitted TIS. The signalized intersections of Lake Trafford Road at Carson Road, Lake Trafford Road at S.R. 29 and S.R. 29 at Immokalee Drive were included in the analysis. No additional signalized intersections were assumed to be present in the 2008 traffic conditions. Graphics indicating the weekday A.M. and P.M. peak hour turning movement volumes for each corridor are contained in the Appendix tor reference. Metro utilized the arterial analysis package SYNCHRO~ to analyze both the intersection impacts as well as the corridor impacts. SYNCHRO© is a Windows® based complete software package for modeling and optimizing traffic signal timings. SYNCHRO© utilizes the methods of the 2000 Highway Capacity Manual to calculate capacity and arterial analysis. In addition to the SYNCHRO~ Analysis, Metro also conducted an analysis utilizing the more familiar Highway Capacity Software (HCS©), developed by McTrans, which also implements the methodology of the 2000 Highway Capacity Manual. The timings of each signal along the study corridor were optimized in order to provide efficient progression of traffic along each corridor. For the initial analysis, the existing phasing patterns were maintained. ---£ased-on-SYN€HR0'º··and-H€S methods-uti-lized-tð-··analyl-e-1he-eonidefs,-it-is-prE;jooteè---···· that each corridor will operate under acceptable Level of Service conditions once the Arrowhead development is constructed. The Appendix of this report includes the SYNCHRO© Arterial Level of Service reports for each scenario. In addition, the data sheets from the HCS 2000© Arterial Analysis are also included in the Appendix of this report. Table 6 illustrates the projected level of servíce conditions on each roadway Road based on the SYNCHRO© and HCS 2000© analyses performed. ....-._._,--.~ Page 10 Agenda Item No. 17 A March 22, 2005 Page 67 of 127 It should be noted that the SYNCHRO© analysis also takes into account the numerous unsignalized intersections that are located along both Lake Trafford Road and S.R. 29. These intersections were coded into SYNCHRO© in order to analyze a more realistic travel situation for a driver along these corridors. Traffic data entering and existing each and every driveway/intersection along these two sections was estimated based on the land use and intensity of that use that each driveway served. Table 6 JuierialLevelofSenrice Lake Trafford Road & S.R. 29 2008 Traffic Conditions .- Table 7 compares the intersection capacity analysis for each scenario analyzed. As can be seen ftom this table, no intersection along the conidor will be significantly impacted as a result of either or both of the proposed developments. .-----"-.-----.....-.-.--.-.-...... 1)1"""'"' - ~ ~ If,,', 1;1!.A'1~tt ¡ h ~"),,; :.~~, ,.,..r¡(df'~~~~'~if·'.,.~?'~ ~ I ,,",, . J ". ~ >, f ~ ',.:" ~'~ ~ ¡ J r: j~~,¡ .j'lI ,t . :...5rI{ h dHI-,'. It 1"1°" Idrf! '''I . '1 ,.." ' '~f~ , ~".',' 'jt~.' 'f \~j )j."lj ,.;'~/"I. >~ If " .' " '." . 0 ','(, ¡ I o~'pl i. of; .:1', ,\,,1,. '1 ..........,¡;.- ...0.;.... ~ - .~. . ¡;~ .......v ~J~ ¡.",_ _.... '-"'.... ,""~ ~! ~----~---~---~--- Table 6 Intersection Level of Service Lake Trafford Road & S.R. 29 2008 Intersection Level of Service 1·--earsonfEake-'Fraffo'Tu. Lake Trafford/S.R. 29 S.R. 291Immokalee Dr. Based on HCS Analysis -----8-- .... C B ---.- B B D .-....- ._.....H__,____._......_._._._____~._.,.. .- As can be seen from Table 6~ the intersections are projected to operate under acceptable conditions once the Arrowhead project is completed. Recommendations to improve the operation of the signalized intersections include the tòllowing: Page 11 t2-t(/ tt:: J2'~- u :v~ . r·~· . . "Qµ. ~d~~ tJ.._.__--r- - ¡Oa...¿J 6p~ !flAgend~ltepl~.17A ~ v ~ é-1f! ~óh l1'2:-2005 ~ k~ Page 68 of 127 Lake Trafford Road/Carson Road (With Carson Road Extension to South): ¡Llð W Provide dedicated left turn lanes on the east and west approaches of Lake Trafford Road NtJ-z.-U Maintain a two-phase signal unless existing traffic conditions warrant a change ).) trZAI' Provide dedicated left turn lanes on the north leg for southbound to eastbound left turns A./V;:-:tc;; Lake Trafford RoadlS.R. 29: I ~-L~~"~~ngs to optimize capacity S.R 29 mmokalee Drive: ~í:- S2J¥) Install 5-section signal heads on S.R. 29 to allow north/south left turn movements to " Þ occur on a protected arrow as well as on green ball (protected/permissive phase) ._~ Provide an eastbound right turn lane on the west approach ofImmokalee Drive With these identified improvements, the operations of the existing signalized intersections in the study area can accommodate the additional development traffic without causing unnecessary delay to the surrounding streets and intersections. VIll, CONCLUSION Based on the initial Level of Service analysis conducted for the Arrowhead project, Lake Trafford Road and S.R. 29 were projected to operate under failing conditions in 2008. However, analyzing the roadways and intersection in further detail with approved software packages and an agreed upon methodology, the projected Level of Service of these two corridors is within the adopted standards as provided by Collier County. The SYNCHRü© analysis takes into account the many driveways and intersections that exists along each corridor and based on that program, which utilizes the Highway Capacity Manual methods, the corridors will operate under satisfactory conditions in 2008 with the proj ect. _---..Impwvementstothe intersections-OÍ-Carson.-Road.--at- Lake Tr-afford Road and ·to· m Immokalee Drive at S.R. 29 will further provide additional capacity to these locations to accommodate the future development traffic. In addition, at build-out of this site, the anticipated amount of roadway impact fees that will be collected by the County will be in excess of$2 Million dollars. \\K:\02\05\ 12\report.doc Page 12 ----~_...- ORDINANCE NO. 02- 40 Agenda Item No. 17 A March 22, 2005 Page 69 of 127 ~..-.1t1Ji If' ~ ~""\.~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 · ..dill. __.) ~ THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH :: ~~ J CLUDES THE COMPREHENSTVE ZONING REGULATIONS -.: FOR TlIE UNINCORPORATED AREA OF COLLIER COUNTY, fit FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS ~, ~#. NUMBERED 6931N, AND 7906N BY CHANGING lllE ZONINq:;~:: "'OCR_P.y CLASSIFICATION OF THE HEREIN DESCRffiED REA~~'" PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT TO!.: "PUD" PLANNED l1NIT DEVELOPMENT KNOWN AS:~' ARROWHEAD PUD LOCATED IN THE SOUTHWES'!Í:':' r ,_.-- QUADRANT OF TIrE INTERSECTION OF LAKE TRAFFORD:"" ROAD (C.R. 890) AND CARSON ROAD, IN SECTION 31;::', TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTION 6~, '; TOWNSHIP 47, RANGE 29 EAST, COLLIER COUNTY, FLORIDAg:::. CONSISTING OF 307.3± ACRES; PROVIDING FOR THE REPEAL>fT1 OF ORDINANCE NUMBER 91-44; AND BY PROVIDING AN EFFECTIVE DATE. .... r.. , .-~ :0 ~'n '...,' <...1'''1 7-? r~l ::J (~ ..."1 {"'1 W1 WHEREAS, Robert L. Duane, of Hole Montes, Inc., representing James and Diane Williams, Jr., petitioned the Board of County Commissioners 10 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, ot the herein described real property located in Section 31, Township 46 South, Range 29 East and Section 6, Township 47 South, Range 29 East, CoIlier County, Florida, is changed from Planned Unit Development (PUD) to "PUD" Planned Unit Development in accordance with the Arrowhead PUD Document. attached hereto as Exhibit "A" and incorporated by reference herein. The Officia] Zoning Atla.s Maps numbered 6931N and 7906N, as described in Ordinance Number 91-102, the Collier County Land Deve]opmenl Code, are hereby amended accordingly. SECTION TWO: Ordmance Number 91-44, known as the Arrowhead PUD, adopted on May 28, 1991 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE; This Ordinance shan become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 3l)~ day ot ..:::f......1 ~ .2002. "'\""'1_4.~~~'-:!..~./r'/",, , .....,.....~ ..:..... t.E~.":.f~~ ~~',,:..~~< .. of.," ,. ". "'~,'" A:.~mi::r::· . . .....; ". ~ t~~4i~þJ~' Ati¡.k. ií 'tÓ:ä1I:f~n'S . :dgit~"·ØA.-1;";;.· . """ . :'I:"~'~'''':':I~'''''''' BOARD OF COUNTY COMMISSIONERS :ru5R~ JAM . COLETIA, CHA AN Approved as to Fonn and Legal Sufficiency -/)'YL~~ II ðn MarJone Student Assistant County Attorney PUDZ-2002 -A R -2491/RBI.p Agenda Item No. 17 A March 22, 2005 Page 70 of 127 I1t u ,-/ /4L{- This ordinance filed with the ~:t%tary of State's Office the day of (Þ.," ,.z..u.J-- ond acknowledgement of that tiling received this ~doy of ~ :u.~~ By ;~ ~ ~-'-; [)eOuty CJe _.._ . " l - -------..----.--.---- Agenda Item No. 17 A March 22, 2005 Page 71 of 127 ARROWHEAD PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 3411 0 HM PROJECT 2001106 APRIL, 2002 REVISED JUNE 6, 2002 REVISED BY COLLIER COUNTY JULY 19, 2002 EXHIBIT" A" Date Reviewed by CCPC: Date Approved by BCC: 7- 3C - O~ Ordinance No. d t}0'd. ... '4f1 Amendments & Repeals -f./L/ F:\PUD Documents\ARROWHEAD2PUD,doc 7/29/2002 _________",... ..._ _..m····___ .".--_._".,-". ,.-- Agenda Item No. 17 A March 22, 2005 Page 72 of 127 TABLE OF CONTENTS Page SECTION I STATEMENT OF COMPLIANCE ...................................................................3 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL .......................................................... 5 SECTION III PROJECT DEVELOPMENT ................... ................... ............ ..... ............. ......... 7 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RES IDENTIAL DEVELOPMENT ........ .... ..... ...................... ......... ............ ........ 9 SECTION V OPEN SPACE AREA ...................................................................................... 12 SECTION VI PRESERVE AREA REQUIREMENTS ..........................................................14 SECTION VII COMMERCIAL AREA REQUIREMENTS ................................................... 15 SECTION VIII DEVELOPMENT COMMITMENTS........ ............. ................. ................ ........ 18 EXHIBITS EXHIBIT A - PUD MASTER PLAN EXHIB£T B - LEGAL DESCRIPTION 2 F:\PlJD Documents\ARROWHEAD2PUD.doc 7/29/2002 ...-----.- Agenda Item No. 17 A March 22,2005 Page 73 of 127 SECTION I STATEMENT OF COMPUANCE The development of approximately 307.3 acres of property in Section 6, Township 47 South, Range 29 East, and Section 31, Township 46 South, Range 29 East, Collier County, Florida, as a Planned Unit Development to be known as the Arrowhead PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential and commercial components of the project wilI be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The total site area comprises 307.3 acres of which 274 acres are located in the Low Residential District on the lmmokalee Future Land Use Map in the Immokalee Area Master Plan. Within the Low Residential District fifteen acres are proposed for commercial use. Therefore, the Low Residential District that permits up to four dwelling units per acre, allows up to 1,245 dwelling units on 259 acres. 33.3 acres of the subject property are also located in the Neighborhood Center District on the Immokalee Future Land Use Map. Residential development within the Neighborhood Center District pelmits a maximum density of twelve units per gross acre within the Neighborhood Center District. The Neighborhood Center, therefore, can support a total of 400 dwelling units as provided for in the Future Land Use Element of the lmmokalee Area Master Plan. The total permitted dwelling units for the subject property, therefore, is 1,436 dwelling units based on 259 acres located in the Low Density Residential District and 33.3 acres located within the Neighborhood Center District as depicted on the Immokalee Future Land Use Map. The proposed 1,245 dwetJing units, therefore, maybe found consistent with the lmmokalee Master Plan at a gross density of 4.3 dwelling units per acre. 1.2 The fifteen (15) acres proposed for commercial use along with proposed C-2, C-3 and C- 4 Uses is consistent with planned Unit Development Commercial District of the Immokalee Area Master Plan. The other criteria in this District allow for such uses and up to 20 acres in commercial use for residential projects in excess of three hundred (300) acres. The proposed commercial uses and area allocated for commercial use, therefore, is consistent with the Immoka]ee Area Master Plan. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in Objecti ve 2 of the Future Land Use Elemcnt. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 . . ~-_._- 1.10 1.9 Agenda Item No. 17 A March 22, 2005 Page 74 of 127 1.5 Improvements are planned '0 be in compliance with applicable land development regulations as set forth in Objective J of the Future Land Use Element. 1.6 The proposed de vel opmen, will resu!! in an efficient and economical extension of communi'y faciJi ies and services as required in POIicy 3.I.G of the Future Land Use Element. 1.7 The project is planred [0 incorpora'e natura! systems for water management purposes in accordance with 'reir natural functions and capabilities as required by Objeclive 1.5 of the Drainage Sub-I leme'1t of the Public Facilities Element. 1.8 The Immokalee Area M. tter Plan requires in Pol icy I I. 1.2 'hat Collier County shall closely Coordina'e 'he loc¡ ¡ion, 'iming, intensity and d"sign of future development. This pOlicy shall be implement ,d 'hrough 'he County's Ade, uate Pub/!e Facilities Ordinance. The Arrowhead PUD will .amply with this requirement The Immoka/ee Area Mas er Plan Policy I J. 1.3 require tha, land use transitions between lower and higher intensil; " of use shall be a, ,ieved '" 1ugh 'Ise of natural vegetation, open Space, buffers, phys oal barriers such as t <nns, b<, ges, or otber landscape cover, setbacks and height limi" ions as described iT . )f L. n' J¡; and landscape sections of 'be LDe. Tbe Arrowbead PI 0 is consistent with, JI . pAley "'roJlgb the trans;'ion in USes depicted on 'be PU 0 M.". " Plan, Exbi bit "A", a. )'.è wi tb Un' distributi nn of open space and buffer area~:' All final ddelopment orders for this project ar, subject '0 the Colli~r County Co~currency Marlagemen' System, as implementeJ i y 'he p deq late PubIic Faedll,es Ordmance in Division 3.15 of the Land Develop n "e, II C.O .'e ane. furtber required by Polley 2.3 of the Future Land Use Element. oJ i, ( /' 'J " I.' J c , , (' I, II ¡, " " il! J "I , ,~ é ,(! " II '0, , II 'J :, \ :' 'I )I I. 'I ) 4 F:\PUD DocumenrS\ARROWHEAD2PUD.dOc 7/29/2002 .1 qlt, ------ "---.-.- , Agenda Item No. 17 A March 22, 2005 Page 75 of 127 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Arrowhead PUD. 2.2 LEGAL DESCRIPTION The subject property being approximately 307.3 acres is described in Exhibit B. 2.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of James E. Williams, Jr., and Diane Williams, 1300 North 15th St., Immokalee, Florida 33934. 2.4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property lies in the southwest quadrant of the intersection of Lake Trafford Road and the planned extension of Carson Road, Immokalee, Florida. It is located in Section 31, Township 46 South, Range 29 East, and Section 6, Township 47 South, Range 29 East. 2.5 PHYSICAL DESCRIPTION The existing site is utilized for cattle grazing and is punctuated with natural cypress and water features which will be preserved and conserved as part of the PUD development. 2.6 PROJECT DESCRIPTION As an overview, the Arrowhead PUD is to be a ± 307.3 acre, 1,245 unit, moderately priced, readily definable neighborhood. A variety of housing types, ranging from single- family dwellings and multi-family housing, is planned. The overall project will include recreational faciJities and commercial uses. This development will also incorporate natural features. 2.7 SHORT TITLE This ordnance shall be known and cited and the "The Arrowhead Planned Unit Development Ordinance". 5 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17A March 22, 2005 Page 76 of 127 2.8 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has the subject land under unified control for the purpose of obtaining PUD zoning on the property. 6 F:\PUD DoclImcnts\ARROWI IEAD2PUDdoc 7/29/2002 J Agenda Item No. 17 A March 22, 2005 Page 77 of 127 SECTION III PROJECT DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to delineate and generally describe the plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Arrowhead Planned Unit Development. 3.2 GENERAL A. Regulations for development of the Arrowhead PUD shall be in accordance with the contents of this document, Section 2.2.20, PUD-Planned Unit Development District, and other applicable sections of the Collier County Land Development Code (LDC) and the Growth Management Plan, and all other applicable land development regulations in effect at the time building permits are requested. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time building permits are requested. C. All conditions imposed and all graphic material presented depicting development for the Arrowhead PUD shall become part of this regulation which governs the manner in which the PUD site may be utilized. 3.3 PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and land use of the various tracts, is illustrated graphically in Exhibit "A". There shall be three multi-family land use tracts, a single-family area and a commercial area plus necessary water management lakes, street right-of-way, open space and recreational areas. TABLE I USE Residential Single Family 436* Dwelling Units Multifamily 809 Dwelling Units Community Park Commercial Lakes Right-of- Way Wetland Preserve Upland Preserve Upland Buffer ACRES 140.5 76.7 63.8 1.2 15.0 29.9 33.6 47.8 12.7 14.5 7 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 78 of 127 Open Space Total 12.1 ±307.3 "'The number of single-family units may be increased with a corresponding reduction in the number of multi-family units and area provided for this dwelling unit type. 3.4 MAXIMUM PROJECT DENSITY A maximum of 1,245 residential dwelling units, single-family, and multi~family, shall be constructed or placed in the total project area. The gross project area for residential use is 292.3 acres. The gross project density, therefore, will be a maximum of 4.03 dwelling units per gross residential acre. The commercial area comprises a maximum of fifteen (15) acres, which results in a total project area of 307.3-acrea. 3.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the development of any tract, this project is required to obtain preliminary plat approval pursuant to the requirements of Division 3.2, Subdivisions, of the LDC, and then, detailed construction plans and plats shall be approved for the overall project infrastructure to serve each tract. Once the plat and plans for the overall project infrastructure are approved, a site development plan, pursuant to Division 3.3, Site Development Plans, of the LOC, shall be suhmitted for any development of a platted tract which will not be {ùrther subdivided. If a platted tract is to be further subdivided, then that tract will be required to go through the construction plans and platting process, pursuant to Division 3.2 of the LDC. A. The developer of any tract or parcel or separately defined portion thereof, shall be required to submit and receive approval of a site development plan in conformance with the requirements established within Division 3.3, Site Development Plans, of the LOC, prior to the submittal of a final site plan for any portion of the multi-family or commercial tracts. B. Dedication and Maintenance of Common Facilities. All common facilities including open space, recreational, conservation/preservation and/or archeological areas will be dedicated to one or more homeowners' associations or master association for the purpose of ownership, maintenance and/or disposition to public agencies. 8 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 79 of 127 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 4.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated residential on the PUD Master Plan, Exhibit "A". 4.2 MAXIMUM DWELLING UNITS The number of single-family dwelling units allowed within the PUD shall be as follows: Four hundred and thirty six (436) single family dwelling units and eight hundred and nine (809) multi-family dwelling units, however, the number of single family units may be increased with a corresponding reduction in the number of multi-family units and land area allocated for mu1ti-family land use. 4.3 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: I. Single family detached dwellings 2. Zero-lot Hne dwellings 3. Two-family and duplex dwellings 4. Single family attached and townhouse dwellings 5. Multi-family dwellings, including garden apartments 6. Any other housing type which is comparable in nature with the foregoing list of principal uses, as determined by the Board of Zoning Appeals (BZA). B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal residential uscs permitted in this District, including recreational facilities, maintenance facilities, signs and water management facilities and similar kinds of uses 4.4 Development Standards 9 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 80 of 127 TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE ZERO TWO SINGLE MULTI- AND STANDARDS FAMILY LOT F AMIL Y FAMILY FAMIL Y DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 3,000 S.F. per 1 AC S.F. S.F.(I) d.ll. Minimum Lot Width (2) 40 30 45 30 N/A Front Yard 20(4) 15 15 20 20 Side Yard (31 6.0 o or li3) o or 6 o or 12-pr o or .5 BH Rear Yard Principal 25 *6 25 25 25 25 Rcar Yard Accessory 10 *7 10 10 10 10 Maximum Building 35 35 35 35 35 Height Distance Between NIA N/A N/A 10 .5 BH Structures Floor Area Min. (SF) 1000 ]000 1000 1000 450*See note #15 All distances are in feet unless otherwise noted. BH = Building Height Notes I. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (] 2) foot sideyard. 4. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. 5. The minimum unit size for efficiency units is 450 square feet, 600 square feet for one bedroom units, and 750 square feet for two bedroom units. 6. Rear yard requirements abutting preserve area twenty-five (25) feet. ]0 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 81 of 127 7. Rear yard requirements for accessory structures abutting preserve area ten (10) feet. A. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty-five (25) feet above grade. B. Development of individual tracts has not been finalized at the time of rezoning with respect to the particular type of residential dwellings. The location and mixture thereof will be based upon the following factors as are deemed appropriate by the Development Services Director for the harmonious development of each tract with a minimum of interference between different housing types based on the foHowing criteria: 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting, at a minimum, the standards of Division 2.4, Landscaping, of the Collier County LDC. 3. Separation of housing types by common amenities. 11 F:\PUD Documcnts\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 82 of 127 SECTION V OPEN SPACE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas as designated on Exhibit "A", the PUD Master Plan, for open space. The primary function and purpose of these areas will be to provide aesthetically pleasing open areas and recreational facilities. These areas comprise 12.1 acres and are in addition to preserve areas depicted on the PUD Master Plan. 5.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. Open Space 2. Nature trails/paths or other similar facilities constructed for purposes or access to or passage throughout the PI Jf) 3. Shuffleboard courts, tennis courts, swimming pools, open play areas, and other types of uses and facilities intended for outdoor use and/or recreation (i.e., recreational building). 5.3 DEVELOPMENT REGULATIONS A. Overall site design shall be hannonious in terms of landscaping, enclosure of structures or areas, location of access streets, pedestrian ways and/or parking areas and location and treatment of buffer areas. B. Buildings should be set back a minimum of fifty (50) feet abutting residential tracts and a landscaped and maintained natural buffer shall be provided. C. Playground/recreational equipment shall be set back twenty (20) feet from any perimeter or lot line. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. Maximum Height: 12 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 83 of 127 1. Principal Structures - Twenty-five (25) feet. 2. Accessory Structures - Twenty (20) feet 5.4 MINIMUM OFF -STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3, Off-Street Parking and Loading, of the LDC. 13 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 84 of 127 SECTION VI PRESERVE AREA REQUIREMENTS 6.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 6.2 PERMITTED USES The PUD Master Plan provides for a total of seventy five (75) acres of Preserve Area or 24.4% of the total project area distributed as follows: 47.8 acres are contained in a wetland preserve area, 12.7 acres in upland preserve area, and 14.5 acres in upland buffer areas. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after appropriate environmental review. 6. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). 14 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 85 of 127 SECTION VII COMMERCIAL AREA REQUIREMENTS 7.1 PURPOSE The purpose of this Section is to identify specific development standards for the area designated commercial on Exhibit "A" the PUD Master Plan. This commercial component is intended to serve as a commercial general shopping center permitting a range of shopping and personal services to the surrounding area. 7.2 MAXIMUM DEVELOPMENT INTENSITY The maximum allowable commercial square footage is 130,680 square feet of gross leasable area on fifteen acres of which 1.4 acres is included in buffer area. The maximum site coverage by principal structures, accessory structures or outside sales areas shall not exceed twenty (20) percent of the area designated for commercial use on the PUD Master Plan, Exhibit "A". The applicable Collier County Zoning Districts used as the basis of this commercial component are the penniUed uses in the C-2, C-3, and C-4 Districts of the LDC with development standards generally provided for from the C-3 District. 7.3 USES PERMITTED No building, structure, or part, thereof, or outside sales area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Pennitted Uses: 1. All pennitted uses in the C-2, C-3, and C-4 Zoning Districts of the LDC in effect as of the date of adoption of this ordinance. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the C-2, C-3 and C-4 Districts of the LDC in effect as of the date of adoption of this ordinance. 7.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feel. C. Minimum Yard Requirements: 15 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 86 of 127 I. Front yard - Twenty five (25) feet or one-half of the building height as measured from grade, whichever is greater. 2. Side yard - One-half of the building height as measured from grade, with a minimum of fifteen (15) feet. 3. Rear yard - Fifteen (15) feet or one-half of the height of the building as measured from grade, whichever is the greater. D. Distance Between Structures: Same as for side yard setback. E. Maximum Height: Fifty (50) feet. F. Minimum Floor Area of Structures: One-thousand (1,000) square feet per building on the ground Hoor. G. Maximum Density: Hotels, motels and time share facilities are limited to a maximum density of sixteen (16) units per acre. The maximum floor area for these uses is five- hundred (500) square feet. 7.5 OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3, Off-Street Parking and Loading, of the LDC. 7.6 MINIMUM LANDSCAPING REQUIREMENTS: As required by Division 2.4, Landscaping and Buffering, in effect at the time building permits are requested. 7.7 MINIMUM LANDSCAPE BUFFER AREA: As required by Collier County regulations in effect at the time building permits are requested. At a minimum, a landscaped buffer shall be provided adjacent to all residential areas bordering the commercial portion of the PUD (except for access points) in accordance with Division 2.4, Landscaping, of the Land Development Code. 7.8 SIGNS: As required by Section 2.5, Signs, of the LDC in effect at the time sign permits are requested. 16 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 87 of 127 7.9 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. However, the commercial portion of this PUD shall be eligible for temporary use permits for temporary sales, sports events. religious events, and community events in accordance with Section 2.6.33, Temporary Use Permits, of the LDC. 7.10 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Division 2.8, Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, of the LDC. 7.11 Pedestrian Connections Pedestrian and vehicular connections shall be provided between the commercial and residential components of the project. 7.12 Proj ect Phasing No construction in the commercial area shall be allowed until twenty (20) percent of the permitted dwelling units have been issued building permits. 17 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 88 of 127 SECTION VIII DEVELOPMENT COMMITMENTS 8. I PURPOSE The purpose of this Section IS to set forth the development commitments for the development of this project. 8.2 GENERAL All facilities shall be constructed in accordance with the standards and specifications adopted as part of this PUD and applicable portions of the LDC in effect at the time building permits are requested. The developer, his successor and assigns, shall be responsible for the commitments outlined in the document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is subject to the commitments within this agreement. 8.3 PUD MASTER PLAN A. The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A". The PUD 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 LDC and local, state and federal permitting requirements. AIJ tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. AH necessary easements, dedications, or other instruments shaH be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. All easements and assurances will be submitted to the County Attorney at development p]an review stage for review and approval to assure implementation of the development commitments. C. This project shall be developed in compliance with aU of the applicable requirements of the Division 3.2. Subdivisions, of the LDC. D. The Arrowhead PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 18 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 89 of 127 E. 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. 8.4 SCHEDULE OF DEVELOPMENT A. It is anticipated based on market conditions that the Arrowhead PUD will build-out in six years or by 2008. 8.5 TRANSPORTATION A. All public street design and construction shall meet applicable Collier County transportation standards that are in effect at the time building permits are requested. B. The developer shall provide at the time of site development plan and/or preliminary subdivision plat review turn lanes on Lake Trafford Road and Carson Road at each project entrance as required and subject to approval of CoHier County Transportation Services Division. C. The developer shall provide arterial level street lighting at each project entrance on Lake Trafford Road and collector level street lighting at each project entrance on Carson Road at the time of the issuance of the first certificate of occupancy for any structure. D. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project access, residential ör commercial, when deemed warranted by the County. E. All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices as requir~d by Chapter 316.0747, Florida Statutes. F. Sidewalks on both sides of the main access road shall be five feet. All other streets shall have one five foot wide sidewalk. G. Cul-de-sacs or dead end streets may exceed the 1,000 foot limitation set forth in Section 3.2.8.4.16.6 ofthe LDC. H. A reduction in the street right-of-way width from 60 feet to 50 feet for a local road as required in Section 3.2.8.4.16.5 of the LDC is approved as part of this Ordinance. I. Roads will be public and dedicated to Collier County at the time of platting. J. Adjacent to the PUD boundary, along the eastern property line, the developer shall provide up to 100 feet of clear road right-of-way to meet the needs for the Carson Road Extension when required by the Collier County Transportation Services Division. Additionally, adjacent to the PUD boundary, along the northern property line. the dcvdopcr will reserve right-of-way for Lake Trafford Road up to 50 feet wide as 19 F:\PUD Documents\ARROWHEAD2PUD,doc 7/29/2002 '·'_.·_T.. ...~... Agenda Item No. 17 A March 22, 2005 Page 90 of 127 determined by the Collier County Transportation Services Division for infrastructure improvements. K. The developer shall construct the Carson Road extension south of Lake Trafford Road to lmmokalee Drive and shall also construct Immokalee Drive within the westerly 450-feet which is currently unpaved. The roadways will be two-Ianed, rural design, asphalt, paved and 24-feet wide for Carson Road and 20 feet wide for Immokalee Drive. L. The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist of the following: I. Dedicated left turn lanes for eastbound and westbound Lake Trafford Road. 2. Dedicated left turn lanes for southbound Carson Road. 3. Modify signalization for left turn movements only if and at such time warranted by future traffic conditions. M. The developer shall construct improvements to Lake Trafford Road from Carson Road to S.R. 29 to improve safety conditions. Such improvements will consist of repairs to pavement edges and construction of newly stabilized and paved shoulders up to five feet wide or as conditions allow. N. The developer shall pay for modifications to signalization to optimize capacity at the intersection of S,R. 29 and Lake Trafford Road. O. The developer shall construct improvements to the intersection ofS.R. 29 and Immokalee Drive to consist of the following: 1. Dedicated right turn lanes for eastbound Immokalee Drive. 2. New signalization to provide protected left turn movements on S.R. 29. P. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be constructed as part of the first phase of development. Improvements described in Paragraphs 8.5 M, 8.5 N, and 8.5 0 shall be constructed as part of whichever phase rcsulls in exceeding 50 percent of project development based upon the number of residential dwelling unils. Q. All conditions and improvements described in Paragraph 5.5 J through 8.5 0 inclusive may be considered eligible for road impact fee credits. Credits will be considered only if or when the Road Impact Fee Ordinance 2000-13 is amended to allow for impact fee credits for roads that are not contained in the Capital Improvement Element of the Collier County Growth Management Plan, Impact fee credits shall also be subject to a separate Developer's Contribution Agreement to be approved by the Collier County Board of County Commissioners. 20 F:\PUD Documents\ARROWI-IEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 91 of 127 R. Property value determinations for the purpose of impact fee credits shall be made at the time of property transfer based upon fair market value as determined by qualified appraisers. Furthermore, fair market value shall be based upon the highest and best land use (Agricultural Zoning) as existed prior to approval of Petition R-90-6 by the Board of County Commissioners on May 28, 1991. S. Road impact fees shall be as set forth in Ordinance 2000-13, and any amendment thereof, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. T. Access improvements described in Paragraphs 8.5 B and 8.5 K shall be in place before any certificates of occupancy are issued. U. In consideration of the implementation of the Adequate Public Facilities Ordinance in Division 3.15, and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the developer is advised that future land development activities in the area may be subject to development use controls consistent with the above regulations. 8.6 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review. B. Design and construction of all improvements shall be subject to compHance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed I ake(s) , in accordance with Division 3.5, Excavation, of the Collier County LDC and SFWMD Rules. Lake setbacks shall be in conformance with Division 3.5, Excavation, of the Collier County LDC. D. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance 93-64. E. Access improvements into each tract as shown on the Master Plan is informational only. The location and number of access improvements is subject to Subdivision Master Plan or SDP approval. F. This project is recommended for approval for rezone purposes only. A Subdivision Master Plan shall be submitted which complies with all the design standards of the subdivision regulations unless specific exceptions are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not 21 F:\PUD Documents\ARROWHEAD2PUD.doc 7/2912002 Agenda Item No. 17 A March 22, 2005 Page 92 of 127 constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The master plan submitted shaH not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County LDC, Division 3.2, Subdivisions. G. The project shall be platted in accordance with CoJ1íer County Subdivision Regulations to define the rights-of-way, tracts, and easements as shown on the Master Plan. H. All roads, public or private, shall be in full compliance with the County Subdivision Regulations design and construction requirements. 1. All cul-de-sacs shall be in full compliance with the County Subdivision Regulations, including design and construction requirements. 8.7 UTILITIES A. Verification from the Immokalee Water Sewer District stating it has reviewed and approved the water and sewer facilities engineering construction documents to serve this project is required and must accompany the detailed construction plans submission. B. Verification of sewage treatment capacity pursuant to Ordinance No. 80-112 to service this project is required and must accompany the detailed construction plans submission. C. This project shall be designed and construction in fuJI compliance with Ordinance 2001- 57 as amended. D. This project shall be designed for central water and sewer systems. 8.8 WATER MANAGEMENT A. The stormwater management system shaJI be designed in accordance with South Florida Water Management District and Collier County rules and regulations. B. A copy of SFWMD Pennit or Early Work Permit is required prior to construction plan approval. C. Prior to preliminary subdivision plat approval, the developer shall provide a copy of the South Florida Water Management District Conceptual Permit. D. The developer shall provide a 20-foot maintenance easement around the perimeter of all lakes and a 20-foot access easement from public roads to each maintenance easement. E. Pursuant to applicable South Florida Water Management District Rules, a naturally vegetated buffer or structural buffer shall be provided around all wetlands to be preserved in lieu of the buffer requirements of Section 3.2.8.4.7.3 of the LDC. No construction shall be allowed within this buffer. 22 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22, 2005 Page 93 of 127 F. All historical off-site flows shall be routed through the project master system in accordance with provisions as required by the South Florida Water Management District, Collier County, and as directed by the Collier County Storm water Management Section. G. The future Carson Road drainage shall be routed through this project as shown on the Conceptual Drainage Plan, provided in this application and in accordance with the SFWMD Permit, Collier County, and as directed by Collier County Storm water Management Section. 8.9 ENVIRONMENTAL A. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Col1ier County LOC. For this site, 74.4 acres of native vegetation shall be preserved on-site. B. If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered other than that already identified, all development at that location shall be immediately stopped. Development will be suspended for a sufficient length of time to enable the Collier County Historic and Archeological Preservation Board, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Current Planning Environmental Review Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. C. This PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Collier County Land Development Code in effect at the time of final development order approval. D. All conservation areas, shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the LDC except wetlands referenced in Paragraph 8.8 E. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. E. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 23 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17 A March 22,2005 Page 94 of 127 F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. G. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plat/construction plan approval. 8.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure, but not before the principal structure. 8.11 SIGNS As required by the requirements of Divisions 2.5, Signs, of the LDC in effect at the time sign permits are requested. 8.12 LANDSCAPING FOR OFF-STREET PARKING AREAS As required by the requirements of Division 2.4, Landscaping and Buffering, of the LDC in effect at the time building permits are requested. 8.13 POLLING PLACES Polling places shall be permitted and provided for as deemed appropriate by the Supervisor of Elections, in accordance with Section 3.2.8.3.14 of the LDC, within the commercial or recreational portion of the overall PUD as deemed appropriate by the developer. 8.14 SPECIAL CONDITIONS An archaeological site consisting of approximately 0.26 acres is to be preserved in perpetuity and become part of the open space area of the Arrowhead PUD. The structure contained on this site cannot be altered in any way until approval is obtained from the Collier County Historic and Archeological Preservation Board. 24 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 t Agenda Item No. 17 A March 22, 2005 Page 95 of 127 8.15 ADDITIONAL REQUIREMENTS: A. The road running through the single family and multi-family components of this PUD, connecting Lake Trafford Road with Carson Drive, shall be a public roadway. B. This project shall comply with Section 2.6.32, Open Space Requirements, of the LOC. C. 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: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. 2. 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. ",'-- 3. All other provisions of Section 3.5 of the LDC are applicable. D. Fire hydrants shall be appropriately located to meet the requirements and approval of the local fire district. Cul-de-sac dimensions shall comply with NFPA 1,2000 Edition Section 3-5.2. E. Development permitted by approval of this petItIon will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance contained in Division 3.15 of the LDC. _. 25 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 -- ---.- ! ~ ! ~ ! ! ! ! ~ ! I «z)~ !r: I It . . . . J 1 J J i ~ ~ i ~ ~ J ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! : . : . .. :. ¿ .":" ': ~hi:~liI,~ ~ i i 'ii ~ ! ~ J ¡ ~ ...c:>- --'~- ~J II u~ . Agenda Item No. 17 A March 22, 2005 Page 96 of 127 !I II ~j II i i ¡ør I I ~! I I § b ~ DO .0- . ...... . ...... ç I ø. I ~ . 8 I cd N :11 !il ¡ z C ~ lL.õ II:C ~. (1)1: ell :1% )( de! ::S a: I;!K-¡: j~~Ji ¡j~11 ,~J il '0 o QJ ~ o f... f... ~ __..___-__....__ C --...._~-.... -- · Agenda Item No. 17 A March 22, 2005 Page 97 of 127 ,~...~.... LEGAL DESCRIPTION A TRACT OF" LAND LOCATED IN SECTION 31. TOWNSHIP 46 SOUTH, RANGE 29 EAST, AND SECTION 5. TOWNSHIP 47 SOUTH. RANGE 29 EAST. COLLIER COUNTY, F"LORIDA. BEING MORE PARTICULARLY DESCRIBED AS F"OLLOWS: COMMENCE AT ltiE NORltiEAST CORNER Of THE SOUTH HALF" Of SAID SECnON 31, MARKED BY AN IRON ROO 5.38 F"EET SOUTH OF THE CENTERLINE OF LAKE TRAFFORD ROAD; THENCE S.0111'04~E., ALONG THE EAST LINE OF SAID SECTION 31. A DISTANCE OF 34.62 FEET TO THE POINT OF BEGINNING. A POINT ON THE ARC OF A CURVE OF THE SOUTHERL Y RIGHT-OF-WAY OF LAKE TRAfFORD ROAD FROM WHICH THE RAOIUS POINT LIES N.OO'36'38"E.. A DISTANCE OF 11499.20 FEET; THENCE CONTINUE S.0111'04"E., ALONG SAID EAST LINE Of SECTION 31. A DISTANCE OF 2626.06 fEET TO THE CORNER COMMON TO SECTIONS 31 AND .32, TOWNSHIP 4õ SOUTH. RANGE 29 EAST, AND SECTIONS 5 AND 6. TOWNSHIP 47 SOUTH. RANGE 29 EAST; THENCE S.00'44·14~E., ALONG THE EAST LINE Of AFOREMEN1l0NED SEC1l0N 6, A DISTANCE Of 30.00 FEET; THENCE S. BB'53'58"W. , A DISTANCE OF 100.00 FEET; THENCE S.00'44"4"E.. ALONG A LINE 100 FEET WEST OF AND PARALLEL WITH THE EASTERLY UNE OF AFOREMEN1l0NED SEC1l0N 6, A DISTANCE Of 1182.16 fEET; THENCE S.89'5·46~W., A DISTANCE Of 1660,14 FEET; THENCE N.54·44'53"W.. A DISTANCE OF 626.03 FEET; THENCE N.4:5'02'51 "W., A DISTANCE OF 1245.23 FEET: THENCE N.01'30'27.W.. A DISTANCE OF 570.20 FEET; THENCE N.75'Jo3'21·W.. A DISTANCE Of 661.54 FEET; THENCE N.B6' 52'40"W., A DISTANCE OF 550.82 FEET; THENCE N.16'09'2S"E., A DISTANCE OF 557.00 FEET; THENCE N.OO'55'06·W., A DISTANCE OF 1427.65 FEET (1428.07 FEET CALCULATED) TO THE SOUTHERLY RIGHT-Of-WAY LINE OF LAKE TRAffORD ROAD; THENCE S.87'58'12"['. ALONG SAID RIGHT-Of-WAY, A DISTANCE OF 3861.86 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 11499.20 FEET AND A CENTRAL ANGLE OF 01'25'10"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 284.88 FEET TO THE POINT OF BEGINNING: CONTAINING 307.333 ACRES. MORE OR LESS. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA TONS OR RESTRICTIONS Of RECORD. BEARINGS REFER TO THE EAST UNE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 46 SOUTH. RANGE 29 ~AST. COLLIER COUNTY, FLORIDA. AS BEING S.01"1"04"E. JA8STRACT OF TITLE HAS NOT BEEN REVIEWED 6'1' SURVEYO~. PROPERT't' DESCRIPTION WAS PROVIDED BY CLIENT. THE PROPERTY DESCRIPTION, AS PROVIDED, DOES NOT CLOSE MA THEMA 'TICALL Y BY APPROXIMA TEL Y 0.42 fEET NORTH AND SOUTH. THE PROPERTY BOUNDARY HAS BEEN ADJUSTED ALONG ITS MOST NORTHWESTERLY COURSE, AS SHOWN HEREON. TO ACHIEVE MA THEMÞ.1lCAL CLOSURE. PROPERTY AREA: 0307.3.3.3 ACRES, MORE OR LESS. ENVIRONMENTAL CONCERNS. ARCHEOLOGICAL SITES, WILDLIFE POPULATIONS AND JURISDICTIONAL WE'QANDS, IF ANY, HAVE NOT BEEN LOCATED OR NOTED ON THIS SURVEY. IMPROVEMENTS EXISTING ON AND ADJACENT TO THIS PROPERTY HAVE NOT BEEN LOCATI:D ON TI1IS SURVEY. THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER. CER1lFIED TO: MDG-CAPITAl PARTNERS, INC. I HEREBY CERllFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIREC1l0N ON 1/22/02. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVE'Y1NG IN THE STATE OF FLORIDA PURSUANT TO CHAPTER 61GP-6, FAC. HOLE MONTES, INC. CERTIFICA TION OF AUTHORIZA 1l0N LB Il' 772 ....--\ I - r / ¡) {I-'~"-! .l_ A~ THOMAS J. GARRIS P.L.S. #3741 STArt OF FLORIDA BY - j BOUNDARY SUR DRAWI~O NO. A....l.o1l PRQ.£CT NO. Agenda Item No, 17 A March 22, 2005 Page 98 of 127 STATE OF FLORIDA) COUNTY OF COLLIER) II DWIGHT E. 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. 2002-40 Which was adopted by the Board of County Commissioners on the 30th day of July, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of August, 2002. DWIGHT E. BROCK Clerk of CourtS.,·c1fnc¡}",Ç.lerk " ,,~~\.t:'.nßo ~ Ex-off~c~o t.G)' ~""IHa' ~'" . County cotmpi~i:ôñê·rs·~.€!b:~'. :.~ ç"",\': ..- \~ :', , -.,.:;.. ~ k oJ··. <, .-.... ~~~... ':) .. --¡. " ~.~._~~,.' . . ',I).~~F¡"s;:.~ is !./l.·(~ : ~~ ~.....{'!:: "r'~" . ~ ::'¡ 1:- By: Teri~' ~',~. ~.~,¡:':'~: . ..' ~ .. ~t ~..,r Deputy" m.ê"J;k.--:~' ~ ,:.~I'<' .~ A, IT.'V''' ~ "" "'!'ion.. '4 \\". '1" II ...ltuut"" Agenda Item No. 17 A March 22, 2005 Page 99 of 127 ORDINANCE NO. 05-_ AN ORDINANCE 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 PUD TO A MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS ARROWHEAD MUPUD, FOR PROPERTY LOCATED AT THE CORNER OF LAKE TRAFFORD ROAD AND THE PROPOSED CARSON ROAD EXTENSION, IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 307.4 ACRES; PROVIDING FOR A PARTIAL REPEAL OF ORDINANCE NUMBER 02-40, THE EXISTING ARROWHEAD PUD ORDINANCE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing MDG Capital Corporation 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 31, Township 46 South, Range 29 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the additions and deletions to Ordinance Number 02-40, as amended, the Arrowhead PUD as reflected in the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 02-40, known as the Arrowhead PUD, adopted on, by the Board of County Commissioners of Collier County, Florida, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Arrowhead MUPUD Document attached hereto as Exhibit "A". All other provisions of Ordinance Number 02-40 shall remain in full force and effect. Words struek thre»gR are deleted; words underlined are added. Page 1 of2 Agenda Item No. 17A March 22, 2005 Page 100 of 127 SECTION THREE: This Ordinance shall become effective upon filing with the Depar1ment 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: FRED W. COYLE, CHAIRMAN Approved as to Fonn and Legal Sufficiency MaIjorie M. Student Assistant County Attorney PUDZ-A-2004-AR -6888/KDlsp Words struek thnmgh are deleted; words underlined are added. Page 2 of 2 Agenda Item No. 17 A March 22, 2005 Page 101 of 127 ARROWHEAD A MIXED-USE PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 3411 0 HM PROJECT 2001106 ApRIL, 2002 REVISED JUNE 6, 2002 REVISED JULY 1, 2002 REVISED BY COLLIER CÒUNTY JULY 19, 2002 REVISED NOVEMBER 23, 2004 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals 1 r::. Xupp£Vt:. .å£a£À£µ:. TIYA P£Çov£cr:. ApporoT¡¡a.ô, I1YAZ-A-2004-AP-6888:. TIYA Sox.uµ¡¡Vtcr:. I1YA Sox. p£un.crE5 2-17-fJ s.Box. '---.-- Agenda Item No. 17A March 22, 2005 Page 102 of 127 TABLE OF CONTENTS Page SECTION I STATEMENT OF COMPLIANCE .................................................................3 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL ........................................................5 SECTION ill PROJECT DEVELOPMENT ..........................................................................7 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT..... .... ....... .... ......... ... ....... ...... ... .... ....... ....... 9 SECTION V OPEN SPACE AREA.. ................. .................................................................12 SECTION VI PRESERVE AREA REQUIREMENTS......................................................... 14 SECTION VII COMMERCIAL AREA REQUIREMENTS ..................................................15 SECTION VIII DEVELOPMENT COMMITMENTS............................................................ 18 EXHIBITS EXIllBIT A - PUD MASTER PLAN EXHIBIT B - LEGAL DESCRIPTION 2 r::. XUPP¡¡Vt:. &crwµ:. ny å P¡¡Çovro:. AppoCDT¡¡a5, ny åZ-A-2004-AP-{j888:. ny å Boxuµ¡¡v't'cr:. ny å BoX P¡¡un.cr¡¡¡') 2-1 7~ S.Box "_;¡¡¡~I_...."<1IIM;)Hi"¡a.""i.,!j/¡jl'*',..;;"""¡""'.."·,,,·,,''',·_ Agenda Item No. 17 A March 22, 2005 Page 103 of 127 SECTION I STATEMENT OF COMPLIANCE The development of approximately 307.3 acres of property in Section 6, Township 47 South, Range 29 East, and Section 31, Township 46 South, Range 29 East, Collier County, Florida, as a Planned Unit Development to be known as the Arrowhead PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential and commercial components of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The total site area comprises 307.3 acres of which 274 acres are located in the Low Residential District on the Immokalee Future Land Use Map in the Immokalee Area Master Plan. Within the Low Residential District fifteen acres are proposed for commercial use. Therefore, the Low Residential District that pennits up to four dwelling units per acre, allows up to 1,245 dwelling units on 259 acres. Thirty-three point three (33.3) acres of the subject property are also located in the Neighborhood Center District on the Immokalee Future Land Use Map. Residential development within the Neighborhood Center District pennits a maximum density of twelve units per gross acre within the Neighborhood Center District. The Neighborhood Center, therefore, can support a total of 400 dwelling units as provided for in the Future Land Use Element of the Immokalee Area Master Plan. The total pennitted dwelling units for the subject property, therefore, is 1,436 dwelling units based on 259 acres located in the Low Density Residential District and 33.3 acres located within the Neighborhood Center District as depicted on the Immokalee Future Land Use Map. The proposed 1,245 dwelling units, therefore, maybe found consistent with the Immokalee Master Plan at a gross density of 4.3 dwelling units per acre. Fifteen percent of the total number of dwelling units or 186 dwellintz units shall be reserved for occupancy to families whose combined income is no greater than 80% of Collier County's median income. 1.2 The fifteen (15) acres proposed for commercial use along with proposed C-2, C-3 and C- 4 Uses is consistent with planned Unit Development Commercial District of the Immokalee Area Master Plan. The other criteria in this District allows for such uses and up to 20 acres in commercial use for residential projects in excess of three hundred (300) acres. The proposed commercial uses and area allocated for commercial use, therefore, is consistent with the Immokalee Area Master Plan. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in Objective 2 of the Future Land Use Element. 3 r::. XUPPEVt:. ðoo£À£µ:. ITYA P¡¡Çovoo:. ApPOWTEa5, ITYAZ-A-2004-AP-6888:. ITYAOOX,UµEV'tcr:. ITYA OOX, pEuncrSÔ 2-17-{) 5.Box, ~ Agenda Item No. 17 A March 22, 2005 Page 104 of 127 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.6 The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 1.7 The project is planned to incorporate natural systems for water management purpose in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 1.8 The Immokalee Area Master Plan requires in Policy 11.1.2 that Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance. The Arrowhead PUD will comply with this requirement. 1.9 The Irnmokalee Area Master Plan Policy 11.1.3 requires land use transitions between lower and higher intensities of use shall be achieved through use of natural vegetation open space buffers, physical barriers such as benns, hedges, or other landscape cover, setbacks and height limitations as described in the zoning and landscape sections of the LDC. The Arrowhead PUD is consistent with this policy through the transition in uses depicted on the PUD Master Plan Exhibit "A" along with the distribution of open space and buffer areas. 1.10 All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 Section 6.02 of the Land Development Code (LDC) and further required by Policy 2.3 of the Future Land Use Element. 4 r::. xupp&V't:. Mcr&À£µ:. nYå P&Çovro:. ApPOroT&M, ny åZ-A-2004-AP-6888:. nYå ÕOXUµ&v'tcr:. ny å õox P&UIlcr&Ô 2-17""() 5.00;( Agenda Item No. 17 A March 22, 2005 Page 105 of 127 SECTION II PROPERTY OWNERSIllP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to descn"be the existing conditions of the property proposed to be developed under the project name of Arrowhead POO. 2.2 LEGAL DESCRIPTION The subject property being approximately 307.3 acres is described in Exhibit B. 2.3 PROPERTY OWNERSIllP The subject property is currently under the ownership of James B. Williams, Jr., and DÌa:Ðe Williams, 1300 North 15th St., Immolœ.lee, Florida 33934 MDG Capital Corporation, 2180 Immokalee Road, Suite 308, Naples, Florida 34110. 2.4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property lies in the southwest quadrant of the intersection of Lake Trafford Road and the planned extension of Carson Road, Immokalee, Florida. It is located in Section 31, Township 46 South, Range 29 East, and Section 6, Township 47 South, Range 29 East. 2.5 PHYSICAL DESCRIPTION The existing site is utilized for cattle grazing and is punctuated with natural cypress and water features which will be preserved and conserved as part of the POO development. 2.6 PROJECT DESCRIPTION As an overview, Arrowhead is to be a ± 307.3 acres, 1,245 units moderately priced, readily definable neighborhood. A variety of housing types, ranging from single family dwellings and multi-family housing, is planned. The overall project will include recreational facilities and commercial uses. This development will also incorporate natural features. 2.7 SHORT TITLE This ordnance shall be known and cited and the "The Arrowhead Mixed-Use Planned Unit Development Ordinance". 5 r::. XUPP¡¡Vt:. ðroEÀ.&µ:. IIYA P¡¡ÇOV¡¡cr:. AppoCOT¡¡al), IIYAZ-A-2004-AP-6888:. IIY A ÔOXUµ¡¡Vtcr:. IIYA Box p¡¡mcrEÕ 2-17--0 5.ôoX -,--,....._-----_...~--_._". ~--".-..-'.-...._. Agenda Item No. 17A March 22, 2005 Page 106 of 127 2.8 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has land under unified control for the purpose of obtaining PUD zomng on the subject property. 6 r::. xupp&vt:. ð6aE4µ:. IIY ð. P&Çovoo:. ApporoTEa.ô, IIY ð.Z-A-2004-AP-6888:. IIY ð. ÔOXUµEVro:. IIY ð. ÔOX pEUJ1.000 2-1 7-(J 5.ðOX Agenda Item No. 17 A March 22, 2005 Page 107 of 127 SECTION III PROJECT DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to delineate and generally describe the plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Arrowhead Planned Unit Development. 3.2 GENERAL A. Regulations for development of Arrowhead shall be in accordance with the contents of this document. Section ~20 2.03.06 PUD-Planned Unit Development District and other applicable sections of the Collier County Land Development Code (LDC) and the Growth Management Plan, and all other applicable Land Development Regulations in effect at the time building permits are requested. B. Unless otherwise noted, the definitions of all tenns shall be the same as the definitions set forth in the Collier County LDC in effect at the time building permits are requested. C. All conditions imposed and all graphic material presented depicting development for Arrowhead PUD shall become part of this regulation which governs the manner in which the PUD site may be utilized. 3.3 PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and land use of the various tracts, is illustrated graphically in Exhibit "A". There shall be three multi-family land use tracts, a single family area and a commercial area plus necessary water management lakes, street right-of-way, open space and recreational areas. TABLE 1 USE Residential Single Family 436* Dwelling Units Multifamily 809 Dwelling Units Community Park Commercial Lakes Right of Way Wetland Preserve Upland Preserve Upland Buffer Open Space Total ACRES 140.5 76.7 63.8 1.2 15.0 29.9 33.6 47.8 12.7 14.5 12.1 ±307.3 7 r::. XUppEvt:. ðEaEÀEµ:. nYA PEÇoVEU:. ApPOWTEa.ö. nYAZ-A-2004-AP-6888:. nYA 8oxuµEv'ta:. nYA 80X pEunaEÕ 2-17-0 5.l)oX Agenda Item No. 17 A March 22,2005 Page 108 of 127 *The number of single family units may be increased with a corresponding reduction in the number of multi-family units and area provided for this dwelling unit type. 3.4 MAXIMUM PROJECT DENSITY A maximum of 1,245 residential dwelling units; single-family, and multi-family shall be constructed or placed in the total project area. The gross project area for residential use is 292.3 acres. The gross project density, therefore, will be a maximum of 4.03 dwelling units per gross residential acre. The commercial area comprises a maximum of fifteen (15) acres, which results in a total project area of 307.3 acres. 3.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the development of any tract, this project is required to obtain preliminary plat approval pursuant to the requirements of Division 3.2 Section 4.03. Subdivisions Design and Layout of the LDC, and then, detailed construction plans and plats shall be approved for the overall project infrastructure to serve each tract. Once the plat and plans for the overall project inftastructure are approved, a site development plan, pursuant to Diyision ~3 Subsection 10.02.03. Requirements for Site Development Plans of the LDC. shall be submitted for any development of a platted tract which will not be further subdivided. If a platted tract is to be further subdivided, then that tract will be required to go through the construction plans and platting process, pursuant to DivisioB 3.2 Subsection 10.02.04(A5) Submittal Requirements for Plats of the LOC. A. The developer of any tract or parcel or separately defined portion, thereof, shall be required to submit and receive approval of a Site Development Plan in confonnance with the requirements established within Division 3.3 Subsection 10.02.03, Requirements for Site Development Plans of the LDC, prior to the submittal of a final site plan for any portion of the multi-family or commercial tracts. B. Dedication and Maintenance of Common Facilities. All common facilities including open space, recreational, conservation/preservation and/or archeological areas will be dedicated to one or more homeowners associations or master association for the purpose of ownership, maintenance and/or disposition to public agencies. 8 r::. XUppEvr:. å.wEÂEµ:. IIY.â PEÇovEcr:. ApPOO>TEcW, IIY.åZ-A-2004-AP-6888:. IIY.â ÔOXUµEVW.·. IIY.â ÔOX pEuncrOO 2-17-{) S.BOl Agenda Item No. 17 A March 22, 2005 Page 109 of 127 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 4.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated residential on the PUD Master Plan Exhibit "A". 4.2 MAXIMUM DWELLING UNITS The number of single family dwelling units allowed within the PUD shall be as follows: Four hundred and thirty six (436) single family dwelling units and eight hundred and nine (809) multi-family dwelling units, however, the number of single family units may be increased with a corresponding reduction in the number of multi- fumily units and land area allocated for multi-family land use. Not less than fifteen percent of the total number of dwelling units or 186 dwelling units shall be reserved for occupancy to families whose combined income is no greater than 80% of Collier County's median income. 4.3 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used., or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings 2. Zero-lot line dwellings 3. Two- family and duplex dwellings 4. Single family attached and townhouse dwellings 5. Multi-family dwellings, including garden apartments 6. Any other housing type which is comparable in nature with the foregoing list of principal uses, as determined by the Board of Zoning Appeals (BZA). B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal residential uses pennitted in this District, including recreational facilities, maintenance facilities, signs and water management facilities and similar kinds of uses 9 r::. Xopp&Vt:. &a&Ì.£µ:. ny A PßÇovEa:. ApPOQ)1'lEal), ny AZ-A-2004-AP-{)888:. ny A ÖOxoµEVta:. ny A ÖOX pEunaEÕ 2-1 7-fJ 5.8oX Agenda Item No. 17 A March 22, 2005 Page 110 of 127 4.4 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE ZERO TWO SINGLE MUL TI- AND STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas ~S.F. 3,500 3,500 3,000 S.F. per 1 AC 4.000 S.F. S.F.(]) d.u. Minimum Lot Width (2) 40 30 45 30 N/A Front Yard Wl:"'t # # W 20 15(4) 154 154 154 Side Yard lJ) 6.0 o or 12lJ) o or6 o or 12~",J o or .5 BH Rear Yard Principal ~ ~ ~ ~ ~ 12(6)(4) 12(6)(4) 12(6)(4) 1 i6)(4) 25(6) Rear Yard Accessory 10 *7 10 10 10 10 Maximum Building 35 35 35 35 35 Height Distance Between N/A N/A N/A 10 .5BH Structures Floor Area Min. (SF) 1000 1000 1000 1000 450*See nole #5 All distances are in feet unless otherwise noted. BH = Building Height Notes 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot sideyard. 4. All dwelling units. if they have garages. shall be set back from the sidewalk to the garage door at least 23 feet. Should the garage be side loaded there must be at least 23 feet of paved area on a perpendicular plane to the garai!e door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 5. The minimum unit size for an efficiency unit is 450 square feet, 600 square feet for one bedroom units, and 750 square feet for two bedroom units. 6. Rear yard requirements abutting preserve area twenty-five (25) feet. 10 r::. XOPP¡¡Vt:. A¡¡uEÀ£µ:. TIYA P¡¡ÇOV¡¡u:. AppoCDT¡¡aS, TIYllZ-A-2004-AP-6888:. TIYA Box.oµ¡¡V'rn:. TIYA Box. p¡¡UJ\UI:B 2-17-{) S.BOl Agenda Item No. 17 A March 22, 2005 Page 111 of 127 7. Rear yard requirements for accessory structures abutting preserve area ten (10) feet. A. Building height shall be the vertical distance from the ftrst finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty-five (25) feet above grade. B. Development of individual tracts has not been ftnalized at the time of rezoning with respect to the particular type of residential dwellings. The location and mixture thereof will be based upon the following factors as are deemed appropriate by the Development Services Director for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria. 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting at a minimum the standards of Division 2.4 Section 4.06. Landscaping. Buffering and Vegetation Retention ofthe Collier County LaBà De'¡elapmeBt Code.d 3. Separation of housing types by common amenities. 11 r::. XuppSVt:. AooSÂ£µ:. nYå PsÇovsa:. ApPOO>Tsaß, nYåZ-A-2004-AP-6888:. nYå OOIUµSVW:. nYå OOx. pSUJ\GOO 2-17-{) 5.30x. Agenda Item No. 17 A March 22, 2005 Page 112 of 127 SECTION V OPEN SPACE AREA 5.1 PURPOSE The pwpose of this Section is to set forth the development plan and development standards for the areas as designated on Exhibit "A", the PUD Master Plan, for open space. The primary function and pwpose of these areas will be to provide aesthetically pleasing open areas and recreational facilities. These areas comprise 12.1 acres and are in addition to preserve areas depicted on the PUD Master Plan. 5.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Open Space 2. Nature trails/paths or other similar facilities constructed for purposes or access to or passage throughout the PUD. 3. Shuffleboard courts, tennis courts, swimming pools, open play areas, and other types of uses and facilities intended for outdoor use and/or recreation (i.e., recreational building). 5.3 DEVELOPMENT REGULATIONS A. Overall site design shall be hannonious in tenns of landscaping, enclosure of structures or areas, location of access streets, pedestrian ways and/or parking areas and location and treatment of buffer areas. B. Buildings should be setback a minimum of fifty (50) feet abutting residential tracts and a landscaped and maintained natural buffer shall be provided. C. Playground/recreational equipment shall be setback twenty (20) feet from any perimeter or lot line. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. Maximum Height: 1. Principal Structures - Twenty-five (25) feet. 12 r::. xupp~:. Ma&1..&µ:. IIY å PEÇoveo:. Apporol1sM, IIY AZ-A-2004-AP-6888:. IIY å Boxuµ&vro:. IIY å Box psuncroo 2-17-{) S.BOl Agenda Item No. 17 A March 22, 2005 Page 1130f127 2. Accessory Structures - Twenty (20) feet 5.4 MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 Section 4.05. Off-Street Parking and Loading of the LDC. 13 r::. XUPP&vt:. ~&À&µ:. IIYA PEÇoV&CJ:. ApPOIDT&al>, IIYAZ-A-2004-AP-6888:. IIYA ÔOXUµ&vro:. IIYA ÔOX P&UJ1.CJoo 2-17-0 S.Box Agenda Item No. 17 A March 22, 2005 Page 114 of 127 SECTION VI PRESERVE AREA REQUIREMENTS 6.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 6.2 PERMITTED USES The PUD Master Plan provides for a total of seventy five (75) acres of Preserve Area or 24.4% of the total project area distributed as follows: 47.8 acres are contained in a wetland preserve area, 12.7 acres in upland preserve area, and 14.5 acres in upland buffer areas. Minor adjustments may be made to the boundaries of preserve areas based on wetland pennitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Pennitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after that appropriate environmental review. B. Any other use which is deemed comparable in nature with the foregoing list of permitted principal uses, as detennined by the Board of Zoning Appeals (ZBA). 14 r::. xopp&Vt:. &a&Â.&µ:. llYA PEÇoV60:. ApPOO>T6M, llYAZ-A-2004-AP-{í888:. llYA Oo):Oµ6Vro:. llYA 00): p6UJ1.000 2-17-{) 5.60): Agenda Item No. 17 A March 22, 2005 Page 115 of 127 SECTION VII COMMERCIAL AREA REQUIREMENTS 7.1 PURPOSE The purpose of this Section is to identify specific development standards for the area designated commercial on Exhibit "A" the PUD Master Plan. This commercial component is intended to serve as a commercial general shopping center permitting a range of shopping and personal services to the surrounding area. 7.2 MAXIMUM DEVELOPMENT INTENSITY The maximum allowable commercial square footage is 130,680 sq. ft. of gross leasable area on fifteen acres of which 1.4 acres is included in buffer area. The maximum site coverage by principal structures, accessory structures or outside sales area shall not exceed twenty (20) percent of the area designated for commercial use on the PUD Master Plan Exhibit "A". The applicable Collier County Zoning District§. used as the basis of this commercial component are the pennitted uses in the C-2, C-3, and C-4 Districts of the LDC with development standards generally provided for from the C- 3 District. 7.3 USES PERMITTED No building, structure, or part, thereof, or outside sales area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Uses: 1. All pennitted uses in the C-2, C-3, and C-4 Zoning Districts of the LDC in effect as of the date of adoption of this ordinance. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to uses pennitted as of right in the C-2, C-3 and C-4 Districts of the LDC in effect as of the date of adoption of this ordinance. 7.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. 15 r::. XUPPEVt:. AooEÀ&µ:. nYå P¡¡Çovoo:. ApPOW1l¡¡a,Õ. nYAZ-A-2004-AP-6888:. nYå Boxuµ¡¡v'ta:. nYå Box p¡¡unaEÔ 2-17-{) S.Box Agenda Item No. 17 A March 22, 2005 Page 116 of 127 C. Minimum Yard Requirements: 1. Front yard - Twenty five (25) feet or one-half of the building height as measured :&om grade, whichever is greater. 2. Side yard - One-half of the building height as measured from grade, with a minimum of fifteen (15) feet. 3. Rear yard - Fifteen (15) feet or one-half of the height of the building as measured :&om grade, whichever is the greater. D. Distance Between Structures: Same as for side yard setback. E. Maximum Height: Fifty (50) feet. F. Minimum Floor Area of Structures: One-thousand (1,000) square feet per building on the ground floor. G. Maximum Density: Hotels, motels and time share facilities are limited to a maximum density of sixteen (16) units per acre. The maximum floor area for these uses is five- hundred (500) square feet. 7.5 OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Diyisien 2.3 Section 4.05 Off-Street Parking and Loading of the LDC. 7.6 MINIMUM LANDSCAPING REQUIREMENTS: As required by Division 2.-1 Section 4.06. Landscaping.. aad Buffering and Vegetation Retention., in effect at the time building pennits are requested. 7.7 MINIMUM LANDSCAPE BUFFER AREA: As required by Collier County regulations in effect at the time building permits are requested. At a minimum, a landscaped buffer shall be provided adjacent to all residential areas bordering the commercial portion of the PUD (except for access points) in accordance with DivisioB 2.4 Section 4.06. Landscaping.. Buffering and Vegetation Retention., of the Land Development Code. 7.8 SIG~S: As required by Section g 5.06. Signs of the LDC in effect at the time sign permits are requested. 16 r::. xupp&Vt:. ðroEÂ£µ:. nYA PEÇovea:. AppoooTea.l>, ny AZ-A-2004-AP-6888:. rrYA õoxuµevrn.". nYA õox p&1D\aGÖ 2-1 7"() 5.ôox Agenda Item No. 17 A March 22, 2005 Page 117 of 127 7.9 MERCHANDISE STORAGE AND DISPLAY Unless specifically pennitted for a given use, outside storage or display of merchandise is prohibited. However, the commercial portion of this PUD shall be eligible for temporary use permits for temporary sales, sports events, religious events, and community events in accordance with Section ~ 5.04.05. Temporary Use Pennits and Section 10.02.06 G regarding procedures of the LDC. 7.10 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Diyisien 2.8 Section 5.05.08 Architectural and Site Design. Standards and GaideliBes for Commercial Buildings and Projects of the LDC. 7.11 Pedestrian Connections Pedestrian and vehicular connections shall be provided between the commercial and residential components of the project. 7.12 Project Phasing No construction in the commercial area shall be allowed until twenty (20) percent of the permitted dwelling units have been issued building permits. 17 r::. xupp£V't:. Å&o"&Â.f:µ:. TIYA P&ÇOV&cr:. AppoCDll&aS, TIYAZ-A-2004-AP-6888.·. nYA ÕOXUµ&V1U:. TIYA ÕOX P&Ðncroo 2-17-() 5.ôoX Agenda Item No. 17 A March 22, 2005 Page118of127 SECTION VIII DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of this project. 8.2 GENERAL All facilities shall be constructed in accordance with the standards and specifications adopted as part of this PUD and applicable portions of the LDC in effect at the time building pennits are requested. The developer, his successor and assigns shall be responsible for the commitments outlined in the document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor, or assignee in title, is subject to the commitments within this agreement. 8.3 PUD MASTER PLAN A. The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A". The PUD 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 pennitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal pennitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. All easements and assurances will be submitted to the County Attorney at development plan review stage for review and approval to assure implementation of the development commitments. C. This project shall be developed in compliance with all of the applicable requirements of the Division 3.2 Section 4.03. Subdivisions of the LDC. D. The Arrowhead PUD shall be subject to Section 2.7.3.4 10.02.10 D of the LDC, Time limits for approved PUD master plans and Section 2.7.3.6 10.02.10 F. Monitoring Requirements. 18 r::. xupp&Vt:. &oEÃ.&µ:. ny.ð. P¡¡Çovro:. ApPOf.OTEa5, nY.ð.Z-A-2004-AP-6888:. ny.ð. ÔOXUµEV"tCJ:. ny.ð. ôox pEtD\CJOO 2-1 7-Q 5.ôoX Agenda Item No. 17 A March 22,2005 Page 119 of 127 E. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 10.02.10 E. Changes and Amendments of the Collier County LDC. in effect at the time the amendment is requested. 8.4 SCHEDULE OF DEVELOPMENT A. It is anticipated based on market conditions that the Arrowhead PUD will build out in six years or by 2008. 8.5 TRANSPORTATION A. All public street design and construction shall meet applicable Collier County transportation standards that are in effect at the time building permits are requested. B. The developer shall provide, at the time of site development plan and/or preliminary subdivision plat review, turn lanes on Lake Trafford Road and Carson Road at each project entrance as required and subject to approval of Collier County Transportation Services Division. C. The developer shall provide arterial level street lighting at each project entrance on Lake Trafford Road and collector level street lighting at each project entrance on Carson Road at the time of issuance of the first certificate of occupancy for any structure. D. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project access, residential or commerciaL when deemed warranted by the County. E. All traffic control devices used, excluding street name signs, shall comply with the Manual on Unifonn Traffic Control Devises as required by Chapter 316.0747, Florida Statutes. F. Sidewalks on both sides of the main access road shall be five feet. All other streets shall have one five foot wide sidewalk G. Cul-de-sacs or dead end streets may exceed the 1,000 foot limitation set forth in Section 3.2.8.3.17(a) 6.06.01 J of the LDC. H. A reduction in the street right-of-way width from 60 feet to 50 feet for a local road as required in Section 3.2.8.4 (5) 6.06.01 0 of the LDC is approved as part of this Ordinance. 1. Roads will be public and dedicated to Collier County at the time of platting. 19 r::. XUppEVt:. &o1W:µ:. I1YAPEÇovoo:. ApporoT6al). I1YåZ-A-2004-AP-6888:. I1YA OOXUµ¡¡vrn:. I1YA Sox p61D\OOO 2-17-0 5 .Sox Agenda Item No. 17 A March 22, 2005 Page 120 of 127 1. Adjacent to the PUD boundary, along the eastern property line, the developer shall provide up to 100 feet of clear road right-of-way to meet the needs for the Carson Road Extension when required by the Collier County Transportation Services Division. Additionally, adjacent to the PUD boundary, along the northern property line, the developer will reserve right-of-way for Lake Trafford Road up to 50 feet wide as determined by the County Transportation Services Division for inftastructure improvements. K. The developer shall construct Carson Road extension south of Lake Trafford Road to Immokalee Drive and shall also construct Immokalee Drive within the westerly 450 feet, which is currently unpaved. The roadways will be two-laned rural design, asphalt, paved and 24-feet wide for Carson Road and 20-feet wide for Immokalee Drive. L. The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist of the following: 1. Dedicated left turn lanes for eastbound and westbound Lake Trafford Road. 2. Dedicated left turn lane for southbound Carson Road. 3. Modify signalization for left turn movements only if and at such time warranted by future traffic conditions. M. The developer shall construct improvements to Lake Trafford Road ftom Carson Road to S.R. 29 to improve safety conditions. Such improvements will consist of repairs to pavement edges and construction of newly stabilized and paved shoulders up to five feet wide or as conditions allow. N. The developer shall pay for modifications to signalization to optimize capacity at the intersection of S.R. 29 and Lake Trafford Road. O. The developer shall construct improvements to the intersection of S.R. 29 and Immokalee Drive to consist of the following: 1. Dedicated right turn lane for eastbound Immokalee Drive. 2. New signalization to provide protected left turn movements on S.R. 29. P. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be constructed as part of the first phase of development. Improvements described in Paragraphs 8.5 M, 8.5 N, and 8.5 0 shall be constructed as part of whichever phase results in exceeding 50 percent of project development based upon the number of residential dwelling units. Q. All conditions and improvements described in Paragraphs 8.5 J through 8.5 0 inclusive may be considered eligible for road impact fee credits. Credits will be considered only if 20 r::. xupp&vt:. AEa¡¡Àgµ:. TIYå P&Çovoo:. AppoooT8a8, TIYåZ-A-2004-AP-(j888:. TIYå 8oxUµ8V't"CJ:. TIYå 80x p81D1.CJt:S 2-17~ 5.8o¡ Agenda Item No, 17 A March 22, 2005 Page 121 of127 or when the Road Impact Fee Ordinance 2000-13 is amended to allow for impact fee credits for roads that are not contained in the Capital Improvement Element of the Collier County Growth Management Plan. Impact fee credits shall also be subject to a separate Developer's Contribution Agreement to be approved by Collier County Board of County Commissioners. R. Property value detenninations for the purpose of impact fee credits shall be made at the time of property transfer based upon fair market value as determined by qualified appraisers. Furthermore, fair market value shall be based upon the highest and best land use (Agricultural Zoning) as existed prior to approval of Petition R-90-6 by the Board of County Commissioners on May 28, 1991. S. Road Impact Fees shall be as set forth in Ordinance 2000-13, and any amendment thereof, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. T. Access improvements described in Paragraphs 8.5B and 8.5K shall be in place before any certificates of occupancy are issued. U. In consideration of the implementation of the Adequate Public Facilities Ordinance in DÏ'lisioB 3.15 Chapter 6 of the LDC. and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the developer is advised that future land development activities in the area may be subject to future land use control consistent with the above regulations. 8.6 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 Exea'latioB of the Callier Cet:1Ð.ty WQ the Code of Laws and Ordinances and SFWMD rules. Lake setbacks shall also be in conformance with DivisioB 3.5 EK-eavatioB of the Callier Caælty WC Subsection 6.01.02 C of the LDC. D. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 93-64. 21 r::. XUppEV't:. AroEÂ£µ:. nYA PEÇov&a:. Appo0>T1Eaô, IIYAZ-A-2004-AP-6888:. IIYA ÕOlUµEV"ta:. IIYA ÕOl pEUJ\aEÔ 2-17-{) S.BOl Agenda Item No. 17 A March 22, 2005 Page 122 of 127 E. Access improvements into each tract as shown on the Master Plan is infonnational only. Location and number of access improvements is subject to Subdivision Master Plan or SDP approval. F. This project is recommended for approval for rezone pmposes only. A Subdivision Master Plan shall be submitted which complies with all the design standards of the subdivision regulations unless specific exceptions are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County WG Division 3.2 SubdiyisioßS LDC Section 10.02.04. Submittal Requirements for Plats. G. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, and easements as shown on the master plan. H. All roads, public or private, shall be in full compliance with the County Subdivision Regulations design and construction requirements. 1. All cul-de-sacs shall be in full compliance with the County Subdivision Regulations, including design and construction requirements. 8.7 UTILITIES A. Verification from the Immokalee Water Sewer District stating they have reviewed and approved the water and sewer facilities engineering construction documents to serve this project is required and must accompany the detailed construction plans submission. B. Verification of sewage treatment capacity pursuant to Ordinance No. 80-112 to service this project is required and must accompany the detailed construction plans submission. C. This project shall be designed and constructieBed in full compliance with Ordinance 2001-57 as amended. D. This project shall be designed for central water and sewer systems. 8.8 WATERMANAGEMENT A. The stonnwater management system shall be designed in accordance with South Florida Water Management District, and Collier County rules and regulations. B. A copy of SFWMD Pennit or Early Work Pennit is required prior to construction plan approval. C. Prior to preliminary subdivision plat approval, the developer shall provide a copy of the South Florida Water Management District Conceptual Pennit. 22 r::. xupp&vt:. &:oû£µ:. IlY A PEÇovoo:. ApPOCOT&a.ô, IlY AZ-A-2004-AP-6888:. IlY A OOXUµ&VTCJ:. IlY A OOX P&UJ1.CJoo 2-1 7~ 5.ôoX Agenda Item No. 17 A March 22, 2005 Page 123 of 127 D. The developer shall provide a 20 ft. maintenance easement around the perimeter of all lakes and a 20 ft. access easement ITom a public road to each maintenance easement. E. Pursuant to applicable South Florida Water Management District rules, a naturally vegetated buffer or structural buffer shall be provided around all wetlands to be preserved in lieu of the buffer requirements of Section 3.2.8.4.7.3 4.06.02 of the LDC. No construction will be allowed within this buffer. F. All historical off-site flows shall be routed through the project master system in accordance with provisions as required by South Florida Water Management District, Collier County, and as directed by the Collier County Stonnwater Management Section. G. The future Carson Road drainage shall be routed through this project as shown on the Conceptual Drainage Plan, provided in this application and in accordance with the SFWMD Pennit, Collier County, and as directed by Collier County Storm water Management Section. 8.9 ENVIRONMENTAL A. Native vegetation preservation shall conform to the requirements ofSubseøtion 3.9.5.5.4 Section 3.05 ofthe Collier County LOC. B. If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered other than that already identified, all development at that location shall be immediately stopped. Development will be suspended for a sufficient length of time to enable the Collier County Historic and Archeological Preservation Board, or a designated consultant, to assess the find and detennine the proper course of action in regard to its salvageability. The Current Planning Environmental Review Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal intenuption to any construction activity. C. This PUD shall be consistent with the Environmental section of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Collier County Land Development Code at the time of final development order approval. D. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 6.01.02C ProtectedlPreserve Area and Easements of the SubseotioB 3.2.8.1.7.3 of the LOC except wetlands referenced in Paragraph 8.8 E. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. 23 r::. XOPP¡¡Vt:. ðeaEÀ£µ:. IIYA P¡¡ÇOV¡¡o:. AppoCOT¡¡a.8, IIYAZ-A-2004-AP-6888:. rIYA80xoµ¡¡v't"o:. rIYA 80x p¡¡unaw 2-17-{) s.ôox Agenda Item No. 17 A March 22, 2005 Page 124 of 127 E. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, s1IUctural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final p1anJcons1IUction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. G. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. 8.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure, but not before the principal s1IUcture. 8.11 SIGNS As required by the requirements provisions of Di\'isioÐs 2.5 Subsection 5.06.04. Signs, of the LDC in effect at the time sign permits are requested. 8.12 LANDSCAPING FOR OFF-STREET PARKING AREAS As required by the reqæremeBts provisions of DiyisioB 2. -1 Section 4.06. Landscaping" and Buffering. and Vegetation Retention of the LDC in effect at the time building permits are requested. However. considering controlled growth for small lots requiring tree SDecies shall consist of anyone ofthe following: Mahogany (Sweitenia mahagoni) Red Maple (Acer rubrum) South Florida Slash Pine (pinus elliottL var. 'Densa') Cabbage Palm (Sabal palmetto) Florida Royal Palm (Roystonea elata) Foxtail Palm (Wodyetia bifurcata) Dahoon Holly (!lex cassine) Magnolia (Magnolia grandiflora) Satin Leaf (Chrysophyllum olivifonne) 24 r::. XUpp£Vt:. ðroSÂ£µ:. TIY.6. P&Çov&a:. ApporoT&aô, TIYåZ-A-2004-AP-{j888:. TIY.6. Boxuµ£vrn:. TIY.6. Box p&unaoo 2-17-0 s.ôox Agenda Item No. 17 A March 22, 2005 Page 125 of 127 - 8.13 POLLING PLACES Polling places shall be permitted and provided for as deemed appropriate by the Supervisor of Elections, in accordance with Section 3.2,8.3.14 2.01.04 of the LDC within the commercial or recreational portion of the overall POO as deemed appropriate by the developer. 8.14 SPECIAL CONDITIONS An archaeological site consisting of approximately 0.26 acres is to be preserved in perpetuity and become part of the open space of the Arrowhead POO. The structure contained on this site cannot be altered in aný way until approval is obtained from the Collier County Historic and Archeological Preservation Board. 8.15 ADDITIONAL REQUIREMENTS: A. The road running through the single family and multi-family components of this PUD, connecting Lake Trafford Road with Carson Drive shall be a public roadway. B. This project shall comply with Section ~ 4.02.01 regarding open s,pace requirements, of the LDC. C. The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby pennitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, 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 Seetiøn 3.5.5.1.3 of the !J1Ç the Code of Laws and Ordinances·, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. 2. 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. 3. All other provisions of Section ~ 6.05 ofthe LDC are applicable. D. Fire hydrants shall be appropriately located to meet the requirements and approval of the local fire district. Cul-de-sac dimensions shall comply with NFP A 1,2000 Edition Section 3-5.2. E. Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance contained in Divisions 3.15 Section 6.02.01 of the LDC. * ss 22-10~22-119 revised in Supplement 16. Ordinance 03-27 and Supplement 18. Ordinance 04-08 25 r::. Xupp£Vt.·. A£a£À£µ:. TIY A P¡¡Çov£a:. AppoCO'l1£að, TIY AZ-A-2004-AP-6888.·. TIYA ÖOxu.l£v'ta:. nYA ÖOX p£tIJ1.a6Ô 2-1 7-0 S.8ox Agenda Item No. 17 A March 22, 2005 Page 126 of 127 8.16 AFFORDABLE HOUSING: The 1.245 density units within Arrowhead Reserve PUD were obtained without the Affordable Housing Density Bonus Credits. The developer has voluntarily agreed to certain requirements within the affordable housing guidelines to be qualified for the fast track zoning and permitting provisions as set forth in Resolution Number 2005-21. The developer shall reserve a minimum of fifteen percent of the total number of dwelling units or no less than 186 dwelling units (which are proposed to be located in Tract 2) for occupancy to families whose combined income is no greater than 80% of Collier County'S median income. in compliance with the following: A. Median Income. For the pwposes of this PUD document. the median income of the area as defined by the U.S. Denartment of Housing and Urban Development ŒUD) shall be the then current median income for the Naples Metropolitan Statistical Area. established periodically by HUD and published in the Federal Register. as adjusted for family size. The figures may be adjusted horn time to time in accordance with any adjustments that are authorized by HUD or any successor agency. B. Each affordable housing unit in Phase 1 of Tract 2 shall be res1ricted to remain and be maintained as an affordable housing rental unit for at least fifteen (15) years horn the date of issuance of a Certificate of Occupancy for such unit. C. In the event the project is monitored by or completes yearly compliance reports for any other state or federal agency ensuring affordability of units. the developer shall simultaneously forwards copies of such monitoring and compliance certifications for the required affordable units to the Housing and Urban Improvement Director. D. In the event that during the course of the project the developer or its sub-developers do not meet the requirements of this Section 8.16. the County may discontinue the fast track zoning and pennitting process for the developer or its sub-developers. 26 r::. XUpP&V"t:. .Mcr&Â.&µ:. IIY A P&Çov&o:. AppoCOT&cro, IIY AZ-A-2004-AP--6888:. IIY A SoxU.1&vro:. IIY A Sox P&UI1.cr&Ô 2-17-0 5.00): ;e ~a =a <~ :s ~~~~ ~ .:t: ¡:::: ,.;¡ N~.....~ I Nr/.) < -~ N~~Q QOF-o" ¡~~~ -- ---- Agendaltem Nb. 17A March 22, 2005 Page 127 of 127 í - i Ie i ¡o, pI I- f :8 ! 8 i ::: I Š I ~ ~II If I a. <:(z) ~ ! r: ¡ l~. , , ~ I ! Š I ~ ! ! I ¡ [ ¡ ~ ¡ ¡ j j ¡ j ~ ~ J 1 1 i i 1 1 i 1 ~ ~ a ~ a ~ ¡ ~ ~ ~ ~ ~ I l . : j . · · . · ~ ~ ! : ;; ~:; ; ~iii~! ili': ~¡~I¡i~!II¡i z 0( ..I ilia. CD a: :)¡, at- III CD (c _2 2. Q ::) a: !I !I II .- ;1 ~I! i!lj~ Ifjd I "0 o ~ ~ o t '1: _.._.......-...-........_..............,~..