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Agenda 11/18/2008 Item #12C Agenda Item No. 12C November 18, 2008 Page 1 of 40 EXECUTIVE SUMMARY Request that the Board of County Commissioners provide direction concerning an application for a right-of-way permit submitted by Imperial Golf Estates Homeowners' Association, to allow construction of an access road solely for emergency purposes, between Imperial Golf Estates and Palm River Estates subdivisions, as required by County Ordinance No. 87-55. OBJECTIVE: To have the Board consider and provide direction in relation to a ROW permit application submitted by Imperial Golf Estates, pursuant to Ordinance No. 87-55, which seeks to build an emergency access road between East Imperial Drive (in Imperial Golf Estates subdivision) and Eastwood Drive (in Palm River subdivision). CONSIDERATION: Imperial Golf Estates homeowners assocIatIOn has submitted an application for ROW permit that would allow construction of an emergency access road within a County drainage easement. The requirement to provide this emergency access road is contained in County Ordinance No, 87-55 ("Ordinance"). - The Ordinance rezoned what is now lmperial Golf Estates Phase IV from "Agricultural" to "Residential Single Family" to allow development of a subdivision. A copy of the Ordinance is attached. For purposes of this Executive Summary, relevant provisions of the Ordinance include: Paragraph "0"; "As currently proposed, the subdivision will not impact the roads in Palm River and no functional access to Cypress Way is planned." Paragraph "w": "An emergency access road is required. Eastwood Drive shall be continued from Palm River and intersect with East Imperial Drive in Imperial Golf Estates. This will enable the District to speed up emergency response time into this area." In addition, paragraphs "m", "n", "p", "q", and "y" of the Ordinance all contain references to a planned connection between Imperial Golf Estates and Livingston Road. Subsequent to the Ordinance approval, several communications indicate that the inclusion of this requirement may have been in error. A copy of these communications is included in this package. The Ordinance was approved at a time when the "S-curve" in Livingston's planned construction followed a different (i.e., more southerly) path than it follows today. - The change of the route of Livingston Road, together with the attached communications relating to the emergency access requirement in paragraph "w", raise the question as to whether or not the inclusion of paragraph "w" in the Ordinance was in error. Agenda Item No. 12C November 18, 2008 Page 2 of 40 The County Attorney finds that timing of this ROW Application to be curious. For twenty years, this Emergency Access into Palm River was apparently not pursued. Recently, the County Attorney's Office, working with Code Enforcement, has been pursuing what we believe to be a PUD commitment which requires an interconnection with Imperial Golf Estates onto Livingston Road. The issue is expected to go before the Code Enforcement Board (CEB) no later than their January 2009 meeting. Separately, Milano homeowners association has sued the County to prevent the CEB case from going forward. In addition, there is pending private litigation between Imperial Golf Estates and Milano homeowners associations, among others, involving whether Imperial has easement rights through the Milano subdivision (and other properties) to allow the interconnection with Livingston Road. The issue before the Board is whether, after twenty years, an Emergency Access needs to be constructed through the Palm River residential neighborhood when access onto Livingston Road is being vigorously pursued. Residents of Palm River have stated that they strongly oppose the idea of allowing residents of Imperial (over 600 homes) to use their subdivision roads. If the ROW permit application is approved, paragraph "0" of the Ordinance limits the road to emergency vehicles only, would prohibit any impact on Palm River roads, and would prohibit any "functional access" into Palm River). FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners provides direction concerning the ROW permit application submitted by Imperial Golf Estates Homeowners' Association, to allow construction of an emergency access road between Imperial Golf Estates and Palm River Estates subdivision, as required by County Ordinance No. 87-55. Prepared Bv: Jeffrey A. Klatzkow, County Attorney Attachments: TimeJine (with related documents) and ROW permit application. 2 Page 1 of 1 Agenda Item No. 12C November 18, 2008 Page 3 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12C Meeting Date: Request that the Board of County Commissioners provide direction concerning an application for a nght-af-way permit submitted by Imperial Golf Estates Homeowners Association, to allow construction of an access road solely for emergency purposes, between Imperia! Golf Estates and Palm River Estates subdivisions. as required by County Ordinance No. 87-55, 11/18/2008 g:OO:OO AM Prepared By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 11/8/20085:21 :39 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 11/10/20088:38 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 11/10/200810:39 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/10/200812:18 PM file://C:\AgendaTest\Export\ 1 ] 6-November%20 18,%202008\ 12.%20COUNTY%20A TTO... 11/12/2008 Agenda Item No. 12C November 18, 2008 Page 4 of 40 Doc # Date Document Summary 1 November 25, 1986 NNFC&RD's Deputy Chief States that emergency access road is Rodgers letter to F. Baker required between Palm River and Imperial 2 May 21,198 NNFC&RD's Deputy Chief States that changing emergency access from Rodgers letter to F. Baker Palm River route to Livingston route will be a "great advantage" to Imperial and emergency response times. 3 July 28, 198" Ord. No. 87-55 Rezone Ordinance (adoption date) 4 September 14, 1987 Baker letter to Dep. Chief Pointing out mistake and stating preference Rodgers to correct rather than ignore 5 September 25,1987 NNFC&RD's Ass!. Chief District has "no problem" with changing the Thompson letter to B. Duane secondary access to Livingston 6 June 1, 1993 H. Oehlers letter to M. Volpe Request for any changes to Ord. 87-55, and request for status of emergency access requirement 7 June 23, 1993 G.F. Archibald memo to M. Notes that Ord. 87-55 has not been revised, Volpe discusses Livingston schedule. S July 26, 1993 Oehlers letter to M. Volpe states that "In February we were informed Eastwood Drive could not be used for whatever reason" and request for status of ordinance change ("As the ordinance has never been amended, has this item been abandoned or just ignored[?)") 9 February 26, 200 NNFC&RD's ChiefBroWll States that an "additional point of entry [at letter to SFWMD (L.Layman) Livingston Rd.] would greatly increase the District's ability to respond in a timely manner to emergency calls." 10 September 18, 2008 Memo from C. Hagan Summary of 9/18/08 meeting with staff, (Johnson Engineering) to T. with sketch Harruff 11 Current misc. aerials showing proposed emergency access location, response station locations Imperial-Palm River Emergency Access ~. r~~ ..<i N o;rih N a~lcs Fi.ll"cCiOJl1l[n-ol & . ..A..genda Item No. 12C "\i.. .... .... . .)\iovember 18, 2008 l,. .. r... - ., ':'. . Page 5 of 40 l-(~~~llIlC District FIRE PREVENTION BUREAU 1441 PINE RIDGE ROAD. NAPLES, FLORIDA 33942 C8l3) 597-9227 ~.~!'I'___'m,_._.r' .. .. -~'"''''''''''''6''''''''''''''-''' ;~~~_ .:. :.,. .;."'~...._ ..... :S:~.)~';.}1''ST ';'\~;~::...<~.~..: Mr. Franklin G. Baker Conley & Baker 5600 North Tamiami Trail Naples, Florida 33963 RE: l{hispering Pines, Inc. R-86-30C Dear Mr. Baker: The North Naples Fire Control and Rescue District has reviewed the above zoning change from A-2 to RSF-3. We will give our approval after the following conditicns are met. 1. We a.re requesting the existing 6u water line running down Eastwood Drive in Palm River be connected to the new 8" water line you are installing on East Imperial Drive in Imperial Golf Estatesa This will give us a looped water system, and improve our water s~pply for the northern section of our District. ~.:w;i.q;_'l"reuir~L..':~ n ~ e,me.rgen.9!'.. .;~~!".. .8. S.~,7t.oad.. W. e a.r...e requestJ.Il.... g ~ . .... .' . ~'E1~Iii;l-ft"Oii!'llft1~';'ltL~r."..nd 411l;er.s'~ct;-" . wi~ iaii:'iinp';t'lU"brivEi~:t;'~'i:i\ijji!'~ii.f"'~G'bif'''Esif&-'t'li~~''''Th1s 'riri enable us to speed up our emergency response time into this area~ 3~ We are also requesting that 2 fire hydrants be relocated. Please give me a call and I will eXplain which hydrants I am referring to. 2. Agenda Item No. 12C November 18, 2008 . Page 6 of 40 Mr. Franklin G. Baker November 25, 1986 Page Two If you should have any questions, please feel free to call this office. Sincerely, North Naples Fire Department ~~~ Kennet~W. Rodgers, Deputy Chief Fire Prevention Bureau KWR/ldj cc: Missy McKim - May 21, 1987 Franklin G. Baker Conley & Baker Chartered 5600 No. Tamiami Trail Naples. Florida JJ96J RE: Imperial Golf Estate Phase IV Second En~rance Change Dear Mr. Baker, This is a follo~-up letter after Our meeting on May 21, 1987 in regards co changing the second entrance into your develop- ment. Your first plan waS to use Cypress Way East as your second en Crance into Phase'IV along with Imperial Golf Estates Blvd as the primary' entrance. The changing of the secondary entrance fro'm 'Cypress Way East to Livingston Rd. ~ill be a great advancnge to your development and to our response time to your development ~hen our number 4 station is built on the East side of I-75 on Immokalee Rd. We are in full agreement with the change. If you have any ~uestions, please feel free to contact his office. Sincerely, NORTH NAPLES FIRE DEPARTMENT ~t:ki Ke nne th W. Rodgers, epu cy Chief Fire Prevention Bureau KWR: s c c ORDINAlICg 87- 55 Agenda Item No. 12C November 18, 2008 Page 8 of 40 c: L.l r::: "" '", 'J", All ORDINANCE Al!r:NDING ORDINAIICE 82-2 THE COMPREHEN- SIVE ZONING REGULATI01lS fOR THE UNIHCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AHDmINC THE OFFICIAL ZONING ATLAS MAP HUMBER 48-25-6 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED APPROXIMATELY 1 MILE NORTH Of IMMOKALEE ROAD, JUST EAST OF IMPERIAL GOLF ~STATE5. SOUTH 112 OF THE SOUTHWEST 1/4 OF SECTION 1J. TO~SHIP 48 SOUTH. RANGE 25 EAST, + 8ot~E5;. FROM A-2 TO R5F-3 FOR 150 D\ffi.LING UNInpJllli'~'POVlDING FOR AN EFFECTIVE DATE. i~':,' '.' ,~"(' '" '" - ~ en 2? __'t2t] . {I......r_ -)d::f '" IIIttREAS. Pines. Inc:. . . Baker, representing Whispering Conby petitioned the BOllrd of Ceunty CO'UIlIIiBsioners to eh&nge Zoning Class- ification of the hereinafter described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF CODliTY COMMISSIONERS " ,_,. Of COLLIEItCOtil(TY;. fWltlbM' .''t. '. """""',. '. "" ". . ., ~. ,.' SECTION ONE: The loniog Classification of the herein described real property~ is ji-' changed from A-2 to RSF-3 and the Official Zoning Atlas Map N~'.=i ,/.. ,fl'" 48-25-6, .u described in Ordinance 82-2 is hueby AIIII!!nded accordingly: ",':' South 1/2 of the Southwest 1/4 of Section 13, Township 48 South, Range 25 Rast, Collier County. Florida. :.; . , , ,~ ":;:/"'J',"~:.l'! '. '.'. . ~ I' , SECTION TWO: This Ordinance shall become effective up~n notice that i~ has been rec~1ved by the Office of the Secretary of State. ( DATE: July 2B, 1987 . .,~,", ArrEST: . ,'<\iU~'~~'C:; GILES. ;/i('~'.""":i,;: ;'; , ...~. .". ;.,:~ ' ~ . ",. " ~'.,;)t~;. ., : t~~/Q'4" CLElUC ... ~ ~~~~ j (~ Thl. orolnanc:e flIed wrth the Sec.-.torv of Stot.', OHJc'_ff1e .lM thy of~, L:.aL and ocknowlodge~nt f that Wing rtteMd/ ~ If) day :.. :[,1 " ."" APPROVED AS TO FORM AND " LEGAL' SUFFICIENCY: ~'\' R. ~~~~ ASSISTANT COUNTY ATIOR/lEY ;;}.. ,I'! ~:> :'1: , . c co ..., ,..., 'u (.-:; --11 '.,~... / L' .-- /.. r'; =" <.-? co ,,, :-, . ~~ /....;' , I .tt':~'.,." .~ ~ , :'.. ~:J ~.; ::-.rr; lOOK 027 r," 282 R-86-30C Ordinance --- -- \ , j .-.. 1, J Agenda Item No. 12 November 18. 200 Page 9 of 4 a. A Bite clenring plan ahall be submitted to ~he Natural ReBQUr~eB Management Department: Bcd the Community Development Division for their rev:f.I~'loI' A~O approval prior to any substantial vark on the site. Thin plan way b~ 8ubmitted 1n ph8scstO coincide with the development schedule. The site clea:r1ng plan shall clearly depict how the fiual site layout incorporates re tained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lqts, and.other facilities Qav~ beeu oriented to - 8.ctQlDmodate ih:L6_.' goal. ::..' ~ ..~~ . Native species shall be utilized, where available, to the mAXimum extent possible in the site landscaping design. A . landscapin& plan 'Will be submitted to the Natural Resources :~. . ManagemeDt Department And the C~unity Development Divisio~~~~' for their review and approval. This plan will depict the :"'._.~ incorporation of Dative species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost 00 th~ site during construction or due to past activities. 4ft'- . . .' ~.~'~~'" I, Franklin G. H8ke~, s,~wne~ O~ authorized sgent for Petition R-B6_JOCt agree to the f. . fng' st1pulations requested by the Collier County Planning Comm1ss1o in the1r public hearing on April 16. 1987. < ..' ,. b. /' .;. c. All exotic plants, as defined in the County Code, shall be re~oved during each phase of construction from development areas, open space areaSJ and preserve areas. Yollowing site development 8 mAintenance program shall be implemented to prevent reinv8sion of the site by such exotic species. This. plan, which will describe control techniques and inspection intervalsJ ahall be filed vtth and approved by the Natural Resources Hanagement Department and the Community Development Divillion. ., , d. If during tbe course of site clearing, excavation, or other constructional activitieB~ an archaeological or historical site, artifact. or other indicator is discovered. all develop- ment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enaale the Natural Resources Management Department or 8 designsted consultant to assess the find and determine the proper course of Bctioe in regard to its salvageability. The Natural Resources Management Department ~ll respond to any such notification in a timely and efficIent manner 80 as to prOVide only a minimal interruption to any construct1onal activities. 100( on ",283 " , . e. Single family lot cvners shall be required to obtain a tree removal peI~lt tro~ the NRMD prior to any land clearing. Lot ownere ahQuld sfive to maximize the retention of existing nat.ive vegf:ta~ ..:,t~~'!..ld try "to leave at leut 50% of the native habitalJ ~'l .. f. Single fBm~ly i~~~~er~:8ball remove all exotic plant species. as defined by ~ tounty Code, prior to lot development. Where applicable, lot owners should consider planting resulting denuded arp.a8~ith native plant species for habitat purposes. Agenda Item No. 12 November 18, 200 Page 100f4 g. Littoral zones along lake margins should be at 8 side slope ratio of n~ less than 4:1 out to e depth of three feet frD~ mean lov water levels. b, The Petitioner should investigate a program to reduce or prevent the grQwt~ of cattails (Typa latifo~l~) in the Ift~~~l ,lh.e~ zon; of la.k~$ to ,be CQDbtz:ieted :f1~hi~, t[1~ p:ojept:' '.: ;.: Petitioner shouldcccsider vegetating at leaa~port1one of : littoral shelf ~one vith native species of a~uatic plants (URMD vould be Fleased to provide pertinent literature and/or 6uggested species). /' J' ;,:.::: 1. '. :;}~:, Under the threat of destruction due to development. all protected plant species must be transplanted lnto undisturbed, preserve are~B or areas subject to the approval of NXMD. Plants viil be recognl%ed a8 protected if listed in the "Official LiBta of Endangered TauDa and Flora of Florida" (compiled by the Florida Game and Fresh Water Fish Commission) or s:ny other county, sts:te. or hderal lists that ore off-i- eially rer.ognized for the protection of plant and/or animal specl~s. Plant Bp~cles Co be transplanted include. buc are not limited to, the follo~ing: creeping orchid (Habenaria odontopetals:), butterfly orchid (encyella tsmpensis), air pls:nts (Tl1landsla spp.). golden polypody fern (Phlebodium aureum). All transplautlnge must be performed by qualified personnel subject to approval by NRHD. j. The 3.1-3.5 8cre cypress wetland in the norto~astern corner ahall be preserved. Prior to aoy development of surrounding landp the preserves shall be flagged; flagging boundaries ahall be verified by NRHD. and all exotica remOVed. k. Detailed s~te drainage plans shall be submitted to the County Engineer for reviev. No construction permits shall be issued unless snd until approval of the proposed construction in accordance ~th the submitted plans ts granted by ~he County Engineer. 1. An Ex~avacion Permit vi!1 be required for the propoaed lake in accordance with toi!ier County Ordinanca Ho. eO-26, as amended by Ordinence No. 63-3, and A8 ~y be amended in the future. IOO( 027 rl'! 284 Agenda Item No. 12 November 18, 200 Page 11 of 4 ~ !OD! 027 r,.! 285 ) m. The developm~nt ~111 provide for a connection to the prcvoocd ~xtens1on of Livingston Road and remains part of the North :;;~~=i~;~ :~D~u:r~t~\~~Vide~:for in the Ordinance an~ the The connecc1on ~ 'j ~~diit~n Road"'~1l1 lServe both the nell development and.r ,~: the: :exist1ng propertieB in Imperial Golf Estates. As a ~Jit of serving the purpose of accea_ for the proposed development and existing development, it should creBt(~ a lonE-term ~jor access for services to include lMS. fire and related em~rgency services. n. o. As currently proposed. the subdivision will not impact the roads in Palm River and no functional access to Cypres8 Way 1s planned. p. rrom 8 circulation standpoint, aqequate provisions are being, made' for dOllector road connections ;to: Liv1nglfton lJoad and_ . . :-:- should betiefit both the development anU tbo~e ~Wner~ ob 'Ea~:'. IlQperial Drive. q. The petitioner shall cooperate, if possible, to expedite , construc.tion of L1vicgBton Road, which lllay or ms.y Dot lnclud_~: . prov:U.ing interum financ:.1ng for all expenses and interest. ~::::: which would be reimbursed by the County upon the roadls cOltlpletion. r. The petitioner shall investigate alternative access (e.g. Y.P.' L. easement) for construction traffic exceeding 5 tens. All other traffic under 5 tonB may use Cypras8 Way. ---- \ So The ~tillties Division memo dated December 2, 1986, attached. t. Any establishment requiring a CCPNU permit must submit plans for reviev and approval. u. Any development 1n this 8r~B to be rezoned shall be required to obtain Subdivision Master Plan approval prior to soy construction. v. The existing 6" 'Io1atl!r line running doW"rl Eastwood Drive in Palm River be connected to the new B" water line you are installing on Esst Imperial Drive 1n Imperial Golf Estates. This will give a lO'Jped water system. aDd improve the water Bupply for the north~rn section of the District, v. An emergency access road is required. Eastvood Drive shall be continued from Palm River and intersect v1th E88t Imperial Drive in Imperial CoIf Estates. This will enable the District to speed up emergenc.y response time into chis area. -, , ~. '.. -,' - ,. ./. Agenda Item No. J1 November 18, l Page 12 of x. Two (2) fire hydrants be relocated. (The Petitioner is to contact the North Naples Fire DistrIct fer detailed information. ) No more than ~.~~'~~e 150~wel1ing unite be permitted to be constructed. Qt;. to the cOlllpletion of Livingston Road, and after that tlm If~conBtructlon traffic be required t~'a~~~~:. through Livicgtt on Road. ....'....., ......~ ";.. ;>.. \) ..!- ::": f"~ _ ',t'- :t: 4 .J ,,c;. :~: ~c l!l.) : i~ '. . 1- : ot:; ~,' . 0::> .:;;: ' :~;.~.~:~~:~;~~~~,;i' y. ",.., ..' ..... , . '. , , . DAY 2,MJ. SWORN TO AND SUBSCRIBED BEFORE Ml THIS ~.^* I 1987. ..,.. rYl t ~.; dl\.. \ .~ ... OF (\o;.G.~, ie, NOTA1I.Y sEAL lOun ,,.lIC nur or ruuu. Il1CCU1UHlI rl!. 1.."27,ln1 .nllO(ll ruu ~UUl us. gill. MY COMMIS5ION EXPIRES' R-B5-30C Agn~eClent Sheet au", 027 rJ,' 286 J' ..t,- i ..,.- .'-, STATE OF FLORIDA lm~'il~ ~I...~..... ah,~".".' ~:,) Agenda Item No. 12C November 18, 20 Page 13 of ORDINANCE B7-'i5 }lhlcf1 was adopted by ~he B~'6'~O of County Commission~~.on t;he. 2B'.th' day of July, 1987 du~ing Regular Session. " '.' COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier 'County, Florida, do hereby certify that the foregoing is a true copy of; '.' . WITNESS my hand and the official seal of the Board of Coun~~ . .~:':. .~ ; ...~.~ / ."., August, 1987. commissioners of Collier County, Florida, this 3rd day of IUOK 027",287 ... ~ .;;~~:.:...~,:~ "... ~ g~~ ~f g~~~~s ;nt.~W~/li;;" ..1:. Ex-officio to Boa.~.tf.of "~" . ~ ~urornmiS6iO.1:l..e["ft.-. .,.;" ~ .'~' ~ft;,...--,~~ -A.'4:';;~~..1 ;g~::.-oii,:~::: r.(t~ By: V rginia Magx:i.... ~.,..;" .: ..... :. :0:--' Deputy Clerk~. '.~,~I....' t:P;' ~.. .{/., . .;...........:...;, ,V,)( ...... <~ . ,....00 1~11\;"'\..'.' .,.....:.:...,--';J:.. ) Conley & Baker Chartered ATroRNEYS AT LAW 5500 NORTH TAMIAMl TRAIL. sum: z NAPLE~, FLORIDA 3395J . Agenda Item No. 12C November 18, 2008 Page 14 of 40 FRANKLIN G. BAXER (LICENSED IN FL.ORlD,\ I. CALIFORNIA) DANIEL E. CONLEY JAMES R, SCARBOROUGH (i31315S7-71g....l ,;;...~.ep.sr'WR~~;r,)i~,~~?n~r8.7.;::::." Mr. Kenneth W. Rodgers, Deputy Chief Fire Prevention Bureau. 1441 Pine Ridge Road Naples, Florida 33942 Dear Chief Rodgers: .. I enc~.o,se..,a,_.cop'x...::oif,,;yo.u'r';).;e.t.te'r,.,ct"""'me,:da.t-e'd',Nove.mber 25 ~:~~~~[an~eci:h:~'S:;!,"'y~-iIT-"ii!~l-'~'ft;;'r~~:;t'c/~'~~!;~er~f~~:~'M~:y:'Y;21.~1~~iisf8'1,.t~~{f.~~:J~::':3~'~~i;i~~;;,~:' .~ ~, .. * - ~ ~ As you are aware, the rezoning petition was granted by the 'G $.ounty, and I enclose a copy of Ordinance 87-55. Unfortunately, '!l- !!!lJ.stake. was made when Ordinance. 87-55 was prepared. Please look ~ .~~ Prov~s~on "W". The County plcked up your regu~rement for an !.!,' 1'~_~,Tnergency access road as described in _ your:- letter dated Noyember 15*5, 1985. We all agreed that the emergency access road through :~ ""~alm River was no longer needed because of the entrance onto ":\. ~~ivingston Road. What we will have is the east entrance/exit onto~ ~ivingston Road, and the west entrance/exit onto U.S. 41, and both~ ~~.'ill serve all of the Imperial Golf Estates Development, inCIUding~.i !l;E'hase T through IV as well as the new Phase V. .f: . I ;::d" I suppose we could just ignore Provision "WI( of the ~. ~!prdinance, but I would prefer to straighten it out at this time. ~ f:Zwould you please write a letter to Bob Duane, reflecting your ~ ~tagreement that the emergency exit through Palm River is not ~ r.~:(neededr or even desired r once the eritrance/exi t to Li vingston Road/~ ;~[~~,;.~;;~~.0i\&}~<m~'!f~Jf.!&fJ;\'$";:~;':l1\iffif~(~~~llAii~a,(~f.[4~f;~;,ff~~~t~~;'j;i:\ft1 ..o"Thank you. FGB/seh Enclosures cc: Robert Duane, Chief of Frank Rich, President - Association ~rUIY yours, ...... ~-/7 I _~ ('hJ--.- Franklin G. Bak~c- . / Current Planning Imperial Golf Estates. Homeowners 5 5/B: KR. LTR. ]\Torth' ....\J Jil.!p!<es p" C' -~ & 10. iQ""' lL I JUre on6:" h!ilel~;JlIill!l N .. i/'lt.rl1::: l\fovem15er 1 , lJD)l PINE RIDGE R9AD . NAPLES, FLORIDA 33942 Page 1.5 of 40 (813) 597.3222 1441 ~~jl:~~~g~?~~rirh~fl:~g~~~(tr~f8:":7tJ;7::'!:";7:" Robert Duane, Chief Pla.nner/Current Planning County Planning Department collier County Government Complex 3301 Tamiami Trail East Naples, Florida 33962 RE: Imperial Gulf Estate Phase IV Second Entrance Change (Ordinance 87-55, Provision ".W" ) Dear Mr. Duane, We recently received a letter from Mr. representing the above referenced proj ect. a copy of Ordinance 87-55. Franklin G. Baker He also enclosed ~.~,.;.<=~",,",:..,.. ,.....,..,..';-'''":7.;.''':"- ~...~.' -_.. ,. ._--~ :.:1'..............,~.~;~...-.""",-;:..ff'::r-::". .''7;i''''-''-':,:::-;-1',.,:,..,;;.,.~.;l''::::;;,~'~-::-;'"7r-.:r':':r.r'7'".:-' ,:::':~"":;'_~~'i:'~-'::-:. ;'''~' <f'l'fI'Jis",...;m.st.T'.l..C t; . - .has"'c"no,,"',p.r.oJ:H em.-..',w;!oth\<",h,a'ng2ng"~';;L;,the.""s ecoz;idary .,<~...y~'-~';'i-;:>i~;.'_":--".~.'. ":t$t:.-.,,~:r.:.;'.'i'~,l;'''i..:.Y;::l.t_1l''i'':'\.~<;t;...,.,''(;,.s......' ~:~i"':'~'i-.:l~. "'..'.:"r-_....~..:~_:~'.':;;!""~~. ,.:t.,...:.:~".,.::...,.~i"~t'.;.::.~...:::.'. . 'en't:rance':-:'fram''!I::y.pre's's'~'''WC!y)l'E'as't:.'to'"'L);v~n'gS't'on'-.~Roa-d$"'c',-,,,,.,-:'-. .. .-......, .",-,. ,', "-~' :.-" ',::t.. .", .--- '" ~,. o', .:.. .' - ~ ,"'-~" .;;..... :;;:'-,'" ::":~i' .....1" -' " ",~,;: .,':';;',\-!,,_" " ,':; :.: ~', ".. ":-"-:-:: ,..... '. . I am enclosing a Rodgers dated May position. copy 21, of a 1987. letter from in which he Deputy stated Chief the Ken same should you have any questions, please contact this office. Sincerely, ~ ~ ~ fIJJ:::;:: :;:':':::;'0" J(ssistant. Chief JRT: sc Enclosure Ccrd /\/;;: v/ J" cc: Mr. Franklin G. Baker (k" :t;~? 2 : -, Agenda Item No. 12C November 18, 2008 Page 16 of 40 ,June l. 1')93 Mlcha~l J. Volpe Commissioner Second Distd ct Col.U.er County D~ar commi~sionei Volpe:. "rht:!! following qU'P-sti.ons p~rtl'lin to Phla~~ V (')f I\"I1per.i.al Golf E$t~teg ann i.tR involv~mp.Ht wit:h the 1,,1.v.ingFlt:Qn Road projer:t. L FINANCIM, (1.,IVINGSTON ROAD MSTU) ^. What i~ the current impact on Pha~@ V and relation to balance of proper.ti~s in the MSTU? FL What port.ton of the MSTU tnx if' for tll~ Livingston Road' project and wha~ i>J the balance designated for? c. What i~ the future impact Of1 PhaR~ Vir. the comil;lg year? D. Was the current assessment hased on the original proposed alignment of LivinqRton road or the current alig~mp.nt? 2. ORDINANCE B7-55 DATED JULY 28, 19~7 A. Please furnish any changes and/or amendments to the origin~l. 3. EMERGENCY SERVICE ROAD ^. What is the current status of the em~rq~nr'Y service road r.alled for in the ordinance. 4. RESTRICTED CONSTRUCTION ^. Is there any change at present or currently contemplated regarding restriction of construction to fifty percent of the sites prior to completion of I.ivingston Ro"o. 5. LIVINSTON ROAD A. What is tIle C\1rrent status? - 1 - Agenda Item No. 12C November 18, 2008 Page 17 of 40 I would appreciat~ a reBp~nse to the above item~, most of which were brought up at our meeting in February, at which you, Mr. Archibald, Dwight Richardson, myself and several other re~idents of Imperial were present. Sincerely, , ..' ',/, ( /" r:) ..' /.. .'.... .'. C. <. {,. " I'<'CL_.__ Herbert C. Oehlers 2095 Imperial Circle Naples, Fl. 33942 813-597-6480 - 2 - Agenda Item No. 12C November 18, 2008 Page 18 of 40 RECEIVED MEMORANDUM JUN 2 8 1993 DATE: June 23, 1993 Michael J. Volpe, Commissioner, District 2 Board of Couilty Cos~is~:on~r5 TO: FROM: G. F. Archibald, P.E.' Tran5portation Services Administrator r-::- .s~ ~~5\ SUBJ EeT: Response in Regard to Taxation of Imperial Golf Estates Phase V as Part of Livingston Road MSTU In response to your recent inquiry in re9ard to the letter from Mr. Oehlers, the following information is provided,subject as above: 1. Financial Impacts from Livingston Road MSTU a. Currently, Imperial Golf Estates Phase V is within and tied to the Living5ton Road MSTU as a result of the project being designed for ultimate access via Livingston Road. b. The MSTU tax .which previously has been assessed and which is planned for assessment in the future is being used to subsidize planning and design efforts by Coll ier County in attempting to final ize' the Livingston Road Project. Such preliminary designing and permitting activities are typically subject of an ad valorem tax in lieu of an assessment based upon those prel iminary steps being necessary to better qual ify the assessment. Based upon the above criteri a, Coll ier County is proposing to continue the ad valorem tax in FY 1993-94; the attached Budget Summary for FY 1993-94 depicts three (3) mills of taxation with the basis of using the funds to subsidize financing costs. c. The ad valorem tax proposed above for Livingston road MSTU for FY 1993-94 is planned at a millage rate of three (3) mills. d. The current road assessment for Livingston road is based upon the 'current alignment. It should be noted that the assessment would represent that portion of design, permitting, and right-of-way costs not included under the ad valorem tax and the road construction costs along with financing costs. 2. Ordinance 87-55, dated July 28, 1987, has not been revised to date. 3. Currently, the construction access road between Immokalee Road and Imperial Golf Estates Phase V remains in place through cooperative agreements between property owners, road users, and Collier County. It should be noted that existing agreements do make provisions for road closure should certain problems occur in the future. Accordingly, there is no guarantee that the e~isting service road will remain available for the continuation of development in Phase V. Agenda Item No. 12C November 18, 2008 Page 19 of 40 Michael J. Volpe June 23, 1993 Page 2 4. The proposed restriction to prohibit more that 50% build-out' in Phase V prior to.comp1etion of Livingston Road is still part of the PUD. At some point in the future, the affected property owners may wish to process a PUD revision wherein consideration could be given to amending the stipulation that will, in fact, establish an interim moratorium in Phase V. A consideration of excluding Phase V from the MSTU by future taxing district boundary amendments is possible, but may not be probable as a result of existing PUD stipulations. 1 5. The current status of Livingston Road is one- in which the project remains on hold due to environmental permitting constraints and also due to a lack'of available funding to continue either environmental studies or right-of-way. Based upon the current inactive status of the project, and based upon little incentive by current owners to proceed with roadway construction, the County is currently encouraging developers within the MSTU to consider bUilding segments of the roadway indiVidually as part of their projects in an effort to promote the continuation of the Livingston Road Project.' Due to funding constraints and project permitting constraints it is not anticipated that the Livingston Road Project north of Immoka1ee Road will be undertaken during the County's current S-year planning period extending from 1994 through 1998. . In reviewing and considering the above information, should additional meetings be necessary with property owners as a result of the planned tax. assessment within the MSTU, please do not hesitate in contacting me at x82S9. GFA{mk{6S06 cc: T. E. Kuck, P.E. Agenda Item No. 12C November 18, 2008 Page 20 of 40 July 26, 1993 Michael J. Volpe Commissioner, District 2 Collier County Dear Commissioner volpe: I have reviewed the response from Mr. Archibald,dated June 23,1993, to my inquiry to you regarding Phase V and the Livingston Road Project, dated June 1,1993. There are several items I still do not u~der.tand. The following refers to that correspondance, copies of which are attached. 1. FININCIAL (LIVINGSTON ROAD MSTU) A. I would appreciate a dollar figure a. to th~ amount Phase V is being assessed and the total being assessed in 1993-94. B. At a meeting last February with you and Mr. Archibald we were informed that the MSTU assessment on our tax bill was not entirely for the Livingston Road project. If this is true I would appreciate knowing what percentage is for Livingston Road and what the balance of the HSTU is designated for. C. At the February meeting ~t was my understanding the MSTU assessment this year, 1993-94, would payoff the outstanding obligations for the Livingston Road project until such time that the project is reactivated. This would require new hearings, etc. D. No further comment. 2. ORDINANCE 87-55 DATED JULY 28,1987 A. No further comment. 3. EMERGENCY SERVICE ROAD A. The emergency service road I refer to is not the construction road currently in use but the road refered to in paragraph w in Ordinance 87-55 stating an emergency access road is required which was to be an extension of Eastwood drive. - I - Agenda Item No. 12C November 18, 2008 . Page 21 of 40 Michael J. Volpe July 26,1993 In February we were informed Eastwood Drive could not be used for whatever reason and other alternatives were beinq researched. As the Ordinance has never been amended, has this item been abandoned or just beinq lqnored. The emergency access road becomes an item of extreme importance to the residents should fivinqston Road be abandoned or should no connection be available to the road should it be completed in the future. The lack of current access for fire and emerqency vehicles is of qreat concern. 4. RESTRICTED CONSTRUCTION A. No further comment. 5. LIVINGSTON ROAD A. No further comment. Thank you for your previous responae. Very truly yours, cC~ Herbert C. Oehlers ,,::/ ,/0.fl..Lf 2095 Imperial Circle Naples,FL 33942-1036 813-592-6480 - 2 - Agenda Item No. 12C November 18. 2008 Page 22 of 40 J. Chrislopher Lombardo, Chairman Margaret Hanson, Viet!' Chairman Paul]. Moriarty, Sr. Treasurer James Quigley, Commissioner John O. McGowan, Commissioner 1885 Veterans Park Drive Naples, FL 34/0'1 (239) 597-3222 Fax (239) 597.7082 North Naples Fire Control and Rescue District Febmary 26. 2007 Laura Layman Senior Environmental Anal yst South Florida Water Management District 2301 South McGregor Boulevard Fort Myers, FL 33901 Re: Imperial Gol f Estates Homeowners Association Proposed Back Gate and Road Dear Ms. Layman. The North Naples Fire Control & Rescue District ("the Disu'ict") provides emergency services to the 1,548 residences and golf club within Impcrial Golf Estates, primarily from our Station #43 located of off Wiggins Pass. The District responds to all types of emergency calls, including firc and medical. Our access to this community is currently limited to a single gate and entrance road off of US 41, just south of Wiggins Pass. This single access is located in a flood zone. During Hllrricane Charlcy, downed trees, debris 1md electrical lines blocked the only entrance to this community and prevented our response to medical and emergency calls. It is my understanding that the Imperial Golf Estates Homeowners Association is proposing a secondary access to their community via a road and gated entrance off of Livingston Road. This additional point of entry would greatly increase the District's ability to respond in a timely manner to emergency calls. Additionally, our Station #48. which is in the permitting phase just prior to constmction, is located on Livingston Road one-half mile from the proposed secondary access to Imperial Golf Estates. It is the District's position that this additional point of entry for the Imperial Golf Estates is tmly a requirement to be able to provide emergency services to the residents of this community in a timely manner. It is well known that in medica! emergencies such as cardiac arrest, mere Agenda Item No. 12C November 18, 2008 Page 23 of 40 J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Quigley, Commissioner John O. J\t[cGowan. Commissioner 1885 Veterans Park Drive Naples, FL 34109 (239) 597.3222 Fax (239) 597.7082 North Naples Fire Control and Rescue District Laura Layman February 26. 2007 Page Two minutes can make the diffcrcnce between life and death. Increasing access for emergency vehicles can only benefit the residents and visitors to this community. If you have any questions or require any additional information. please contact me. (~' :- ....~ L BROWN Fire Ch ief cc: Tom Haruff President. Imperial Golf Estates i I i I i , ~ ~ Agenda Item No. 12C November 18, 2008 $ I>Ii"PPim 24 of 4 JOHNS, N ENGINEERING TO: Tom Harruff Chris Hag@~ Septemher 18, 2008 Imperial Golf Estates- Emergency South Entry DATE: FROM: RE: This memorandum is submitted to document our 9-18-08 meeting with Collier County staff to discuss the referenced project. Attending the meeting with you and I were Harlan Dam, Debbie Miller, Jules Maros, John Valete, Jerry Kurtz, Mitch Riley and Dave Raub (North Naples Fire District). The purpose of our meeting was to discuss the referenced project. Based on our meeting, the plans should be permitted as a standard right-of-way permit application. We will get official di- rection from Collier County staff on this shortly bye-mail. During the course of the meeting the following plan modification (as shown on the attached drawing) were proposed: , i i I I I ! I { i I ! i ! , I I. Tie the southwest fence diagonally into the existing shrub in the adjoining lot as noted in the markup. 2. Run the southeast fence along the property line and tie it into the existing building with a six-foot gate provided for the property owner. 3. On the north side, a fence would be included to prevent Imperial Golf Estates residents from moving up and down the maintenance easement back yards of the adjoining homes. 4. An agreement will be made as to how to handle the lock box between Collier County, the North Naples Fire District, Ambulance and Police service. Letters of support for the fencing changes will be provided by the Imperial Golf Homeowner As- sociation along with the application once guidance has been provided by Collier County staff. I believe this fuJly documents our meeting and discussion regarding the referenced project. If you have any comments, questions, addilions, corrections or deletions please let me know Copy: All Attending H.-\]O()/jOOODI20Q875G5-000. Imperia( Go((ESIQleI rCOH)\CorrespondenceI09-/8-08 - CDH 10 Harruifre ICE - EmergencySoulh Entry.doc 2350 Stanford Court. Naples, Florida 341] 2 (2391434.0333. Fax (239) 434m20 ueco NO"'" ~O_ NO .-..-; -L!) e?N - ~ '" -"'''' 2..oro -ED- ro", "'> Co :g,Z <( II -, !il!! ijf!" EP!JOI'/ '\lunoO 'J9!1100 sarels3 1108 IB/Jedwl I; Ii :--J 1'1 &. !l1~ I: "! i a ." n , 7:1 ~ ~ o "i "i' N ----------------_.)- I "- .l ~ ,..~.- ". - -- --- --- :-c , 0 "" . -+! j!: . .~ .~! \ ,llj-[ " "" ,I! '", ~g, .-' >: j ~i / ! I "j" i.! lii~ ! .: i ~ i ," i; !i , i , i I o ~ ~ :" ~ o . , I , I - N I I ~, , ~: ! I ! I I ..-' ." ~ : -fit! I- 'II! I I II I " I II ~ I ! ! '-1/' / , ! - r '-~ IT' ~ L __ .' l- I , -- : g .. ::1 :" ~ 0 Agenda I/qer.Joofac November 18, 2008 Page 26 of 40 http://maps.collierappraiser.com/outputlCollier _2008 _sde02328053365196.jpg 11/6/2008 Agenda ~llg;:No;)fi:1c November 18, 2008 Page 27 of 40 http://maps.collierappraiser.com/output/Collier _ 2008 _sde02434051 76503 8.jpg 1116/2008 Agenda~i'jq,.jl~C NovemoSn e:ZOD8 Page 28 of 40 http://maps,collierappraiser .com! output/Collier _ 2008_ sde024 38836765058 .jpg 11/6/2008 Co1lr County - -- ...... - - "" -- Agenda Item No. 12C November 18, 2008 Page 29 of 40 ROW PERMITTING & INSPECTION SECTION MEMORANDUM 'OQ: ..'" ~ ~ 4c' ~~ ~ -1'AQ-(' '~ - --Q~ A -~h~ ~/. <9 .~ To: 1 Jeff.!<.latzkow. Norman feder, John Vliet, Anthony pires, Jerry Kurtz, Nick Casaftlflguiaa From: Mitch Riley Date: 11/412008 Subject: Emergency access for Imperial Gulf to palm river ROW Application Submittal Attached please find the package submitted to our office for the above referenced project. The package includes plans, permit application, and letter of authorization. Please let me know If you have any questions. Thanks. C:File ROW Permitting & Inspection Section 2885 S. Horseshoe Dr. Naples, FL 34104 Phone#:252-5767 JOHNS Agenda Item No. 12C November 188~J08 s~'ife 3 40 III ENGINEERING October 24,2008 Collier County ROW Department 2885 South Horseshoe Drive Naples, FL 34104 RECElVED ocr 2't2008 COlLIER COUNTY ROW PIJlLI'T lie fa Re: Imperial Golf Estates Emergency Access Attached please find the complete ROW Driveway submittal package. 1. (2) Sets of signed/sealed plans 2. (1) Completed Application 3. (1) Letter of Authorization 4. (1) $1,000 Check Fee Weare requesting approval for the pmpose of designing and permitting Emergency Access Connection at Eastwood Drive to Imperial Golf Estates. If you have any questions feel free to contact me. Sincerely, JOHNSO~EERING' INe. J":2L,,,,,p X Project Manager 2350 Stanford Court. Naples, Florida 34112 (239) 434-0333. Fax (239) 434.9320 I ;-, ~ Agenda Item No. 12C November 18, 2008 Page 31 of 40 Imperial Golf Estates Homeowners Associati n, Inc. c/o Platinum Property Management J:?iJ::c 1016 Collier Center Way 'll51l~ Suite 102 OCr J . Y.t:!..'l5 Naples, FL 34-110 ~y. '11008 239-596-1031 * Fax 239-596-1082 ~~ By Fax and U. S. Mail-~ October 16, 2008 Johnson Engineering 2350 Sanford Ct Naples, FL 34 112 Attn: Chris Hagan Subject: Emergency Access Connection, Eastwood Dr. to Imperial Golf Estates Dear Chris; Johnson Engineering is hereby authorized to act as our agent in matters regarding the design and permitting of subject Emergency Access Connection. You are hereby specifically authorized to act as our agent regarding the submission and processing Collier County Permitting actions related to same. Sincerely; J.J!;/wuvJl THOMAS R. HARRUFF, President Imperial Golf Estates Homeowners Association, Inc. wnbrm~iS };:S2<"~~;' Right-of-Way Application TRANSPORTATION SERVICES DIVISION ROW PERMITTING & INSPECTION 2885 SOUTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 Telephone Number. 252-5767 Inspection Telephone Number 252~2417 http://WNW.colfiergov.neVtransadminltransaperations/rowlindex' 0CALL DMAIL FILL IN ALL APPLICABLE INFORMATION RIGHT-Of-WAY PERMIT # () 8-(J67,;2 E- PSP# SDP/AR# BUILDING PERMIT # PROJECT NAME Imperial Golf Estates - Secondary Emergency Access Road Check Ri ht-of-Wa RESIDENTIAL Driveway o RenewallModification (Unexpired Pennit) o Jack-and-BorelDirectional Bore o Sprinkler Head o Open-Cut o Miscellaneous Events other COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT ~ Construction (Driveway) $1,000,,1$2,000. $2,000"1$4,000. o RenewaVModification (Unexpired Penn it) $500 $1,000 o Jack-and-BoreIDireclional Bore $1,000 $2,000 o Sprinkler Head $200 $400 o Tum-Iane/Median $1,500 $3,000 o Open-Cut $4,000 $6,000 o Work in the ROW without Lane Closures $50,,/$100. $100,,1$200. o Work in the ROWwilh Lane Closures See Exhibit "A" I"-JUN.-NOV. PSC Re ulated Franchise Utili $100 + $50 er da .-DEC.-MAY. COMMERCIAL ONLY: FEE PAID $1,000.00 Please submit 2 sets of sl ned and sealed lans Est. Number of Days in ROW (If applicable) PLEASE PRINT Total Amount Today's Date October 17, 2008 Paid Make checks a able to: Board of Count Commissioners Recei t # Approval is hereby requested by (Owner Name) Imperial Golf Estates omeowners AsSOCiation For the purpose of desi nin and ennittin Emer en Access Connection Allon (project street Address) Eastwood Drive to Imperial Golf Estates Lot No. Block Unit Subdivision Imperial Golf Estates Tract Sec. 14 Folio No. Property Owner's Info. 51540080005 Name Contact Name Mailing Add. City/State/Zip Telephone Imperial Golf Estates HOA Thomas Harruff, President 1016 Collier Center Way, 102 Naples, FI 34110 (239) 596-1031 Notes: 1. Wo~ shall be perfonned in accordance with approved plan, Conditions of Pennit appearing on reverse side, stipulations spec:ffied as part of this permit and in accordance with Collier County Ordinance #03-37 and the ~Publlc Right-of-Way Construction Standards Handbook, ~ latest edition. 2. Applicant declares that prior 10 filing this application he has ascertained the location of all exlsting utilities, both aerial and underground. Any changes to any utility shall be Ihe responsibility of the Permittee for all cost. 3. This pennil is contingent upon Permittee obtaining necessary rights of entry for construction and maintenance \\!here required right-of-way for public use has not been dedicated and accepted by Collier County. APPLICATION CHECKLIST FEES $200 $100 $500 $50 $2,000 $200 o Copy of house survey with A sketch for the request o Application fee o Details for request (location, size, etc.) Portion ofTracl N Twp. 48S S 25E W E. E Rge. Contractor/ Agent information Johnson Engineering Jason Tomassetti, P.E. 2350 Stanford Court Naples, FI 34112 (239) 434-0333 Name Contact Name Mailing Add. City/StatelZip Telephone 4. If the application is made by any person or firm other than the owner of the property Involved, a written consent from the property owner shall be required prior to processing of the application. 5. Transportation Services DivisIon approval does not exempt the permittee from gaining approval from any State, Federal or Local Agencies having jurisdiction over the proposed work. 6. J have read the Collier County Right-of-Way Pennit Notes and Conditions and agree to conduct all work in accordance wlth the County Ordinance #Os..37, as a ended and all applicable all County and State. codes and , as amended. Under penalties of perjury, 1 decla hat I rea the forgoing permit application "'Snd that facts sl In It are tN . x See back for Conditions CONDITIONS OF PERMIT Agenda Item No. 12C November 18, 2008 Page 33 of 40 1. This permit must be kept Dn the wort; site and be available upon request or prominently displayed. 2. Permits are required for aU worK performed in any rights-ofNway or easements provided for public use in the unincorporated area of CoUler County and In those public rights-of-way or easements, whIch are maintained by Collier County. but lie within municipal boundaries. 3. When pennitted facilities are placed within a public'right-of-way or easement, the fnstallation is for permissive use only and placing of facilities shall not operate to create or vest any property right In the assocIated right~of-way or easement to the permtttee. Furthermore. the permittee shall be responsible for maintenance of such facilities until they are removed, unless otherwise specified. 4. All materials and equipment, including Maintenance of Traffic (MOT) and equipmen1 placement, shall be subject to inspection by the Engineering Services Department or Transportation Services Division. 5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring Inspection. 6. No lane closures will be permitted between the hours of 7:00 - 9:00 A. M. and 3:30 - 6:30 P.M. 7. Prior to construction, the ContractorlPennittee shall submit a Maintenance of Traffic plan (MOT) for any construction project involving work or actMty that may affect traffic on any County street, roadway or blkepathlsidewalk. The MOT must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) If affecting Arterial or Collector Roadways, unless waived by the Transportation Road Maintenance Department. The driveway fill and driveway culvert including soil erosionlsedimentaUon control measures must be installed prior to the start of any earth moving construction activity with drainage plans, culvert size, soil erosion/sedimentation controls, elevation offset, and ditch slope designed and certified by a licensed engineer for all commerdal projects. 8. During construction the ContractorlPermittee shall comply with the .State of Florida Manual of Traffic Control and Safe Practices for street and Higtmay Construction, Maintenance, and utility Operations. and with the .Manual On Uniform Traffic Control Devices. and with all other governing safety regulations and shall maintain the approved slle drainage plan and soft erosion/sedimentation control plan. 9. The Permittee shaD hold the County harmless and the County shall be relieved of all responsibility for any damage or liabDtty of any nature arising from work authorized and performed under this pennit. 10. AU crossings of existing pavement shall be made by jacking and boring at a minimum depth of fhirty.six Inches (36"), unless otherwise authorized by the Engineering Services Department' or the Transportation Services Division for good cause shown. 11. All overhead InstaUatlons must meet the County's clearance standards and all underground crossings shall be placed at a minimum depth of thirty- six Inches (361 below the pavement and/or a minimum depth of b.Yanty-four inches (24") below the designed roadside ditch or awale invert. Primary cable (voltage exceeding 500 volts) shall have minimum thlrty~slx Inch (36") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty-inch (30") cover. Exception may be made by authority of the Engineering Services Department or the Transportation Services Division for good cause shown. 12. T\W prints of the proposed work covering details of this Installation shall be made a part of this permit. If additional plans are required, they shall become a part of this permit 13. Following completion of all permitted work, gr:assing andlor seeding shall be required for any disturbed rights~of~way. 14. All property disturbed by work. authorized by this pennit must be restored to beUer than, or equal to, Its original condition. and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construct/on, repair, maintenance, improvement, alteration or relocation of applicable right-of- way or easement and when so notified by the County, any Dr all poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facllities and appurtenances aUthorized shall be removed from said right-of-way or easement, or reset Dr relocated thereon as required, to be Installed by this Permit, and at the expense of the permittee, his successor, or assign. 16. When the pennlttee, or his successor, or assign is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the ri9ht-of~way or easemen1 and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be altered, relocated, or removed, with the total expense being borne solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job Is expected to take, and the approximate date of completion. The permit will expire ninety (90) days after the designated completion date. unless authorized in the specific instance for a longer or shorter period. If the work has not been completed by the expiratlon date, there will be a renewal fee, set by Resolution, payable upon extending lhe expiration date for an additional ninety (90) days. 18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or subcontractor. 19. If there are any lane closures or work that will impede normal traffic flow. The permit holder Is obligated to inform the road alert coordinator at 239- n4-B192 and the ROW Permit Section at 239-659.5767, three working days prior to construction. 20. Verification that the applicant has located all underground utilities and received from Collier County Traffic Operations (telephone 239-213-5809, fax 239-213.5S91) either a statement of no faclllUes present or a statement that facilities have been physically located on the right-of-way at the site. Arty Traffic Operations facilities damaged by the applicant will be repaired to the original condition by County forces at the applicant's expense. 21. Prior to acceptance by the County, the Transportation Services Division shall be notified by mailing or delivering a request for a final inspection to the Transportation Services Division, 2885 South Horseshoe Drive, Naples, Florida 34104, or by phone, 239-252-2417, upon completion of authorized worJl;. See back for Conditions 00:00 NO"" .-~O o ~7 Z~C") E~'" Q.lQ)g' -.Do.. -E mID "> c: 0 8,z <( 00 Z -< ~ ~ Z o ~ ~ U ~ ~ ~ 00 Z o U Q 00< ~~ ~rJ'l -<~ ~U ooU ~< ~~ ~Z ~Ol5 ~ ~ ~ ~~ ~~ ~< ~Q ~~ ~U ~ rJ'l ~ In N ~ I.:l< ZQ <S2 ~O OO,..;l QO~ ~ ~ ~> 53~ rJ'lp Zo :::U O~ ~~ ~.... ~,..;l ....~ ZO Ou .... ~ U ~ rJ'l '" z -< .... .. . "" ~ o ~ t'i 0 Q 8 ~ ~ :5 ~:::i ~ . " " u..::!:o. >"'!'" 0"-1 c:: U < . o ~ 9 ::; ~ ~ u u u '" z ....0 u;:: :::< ~5 ...... ! -~ _ _ ._.-;~. _T_ iiilIJI:il:itI. .."",_n \ \ ..... -"'""-,_.. ~ ! 1.".........'- -'" --; . ,,~.~ . - - . ~ .. 1.' -!. . 'S ~P8~ .~ 1~~~~ o :...:..;, ~ ~ t,) _ _ _ ~ j,l ~ iHd . . u .~;12 Ii;' !Pi l~a~", ",'_N_ !ll' 10 , ' ,() - .." Z w Ii ~i I~ !;li " ~\lI ,.; l~ II ,a i ~~ G II ! ! e ! i z . ~ ! 0_, ,; ! l.' ~ ~ 0 . ~ . is 0 , . .... .." 1 J I .! Ii I '! I Ii, . i i .11,1 ilH II! Ill,! ~lii i Ihil !lil! Mil ~!!iI ;ii! November 18, 2008 . paje ~J40 ':~,:'~."~.:;':f'~I~~ - & .-.,; ('l i3 ~ > ~ ~ ~ ~ ~ ~ REVISIONS ~ r. r ",:. IN."",..,.,......::,:.:,....... OJ'" , -r_~"I:1.'" ~* ..;:~;: ~lF~ 'I' "i~ i~~ II ~ ,Iii I ~ * i Imperial Golf Estates Collier County, Florida Imperial Golf Estates HA~ Inc. UCOO NO"" ~O~ .N 0 o -CO Z~M E ~ QJ QJQJO> _.0'" -; E <1- 'OQJ c> QJO ",Z <l: I~ II!!. ~ _..1ft: ~ HI! ":lUI "'VI--! S9lelS3 ",OD IBlJ9dWI ... ",-:;.;...=;::.., , g .' 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Agenda Item No. 12C . November 18, 2008 "....'''./.;;:;7. 1ag~540 .v'.F' ',:iFA ~ ~~. :V~M;j:nIVER HOMEOWNERS ~ ~~ ~ a .'i.ill/AND CIVIC ASSOCIATION ~.. ~..~I. . A DEED RESTRICTED COMM':UNITY ~ '3} . P.O. BOX 110002 NAPLES, FLORIDA 34108-0101 ~ :'\Iovember 5, 2008 Mr. Riley The Palm River Homeowners And Civic Association and the homeowners in the Palm River subdivision request that Collier County deny the recently submitted Right Of Way application #08-0672-E, and deny any application for access for any purpose to Eastwood Drive. The planned, mandated and best access to Livingston Road is not a route through Palm River. Such a route, at the best, would be a "last resort" for emergency vehicles as stated by North Naples Fire Department officials. This application is premature, as the County Commission directed code enforcement action towards Milan's compliance with its PUD commitments concerning the Livingston Road access has not proceeded to a conclusion. While reserving the right to note additional objections, some of the reasons for denying this application follow. We believe that traffic to and from Imperial Golf Estates could not be limited to emergency vehicles for reasons which are given below. We believe such traffic as an addition to already busy, narrow roads without sidewalks in Palm River would be hazardous to the lives and safety of children and adults in our well established residential neighborhood. We do not believe there is a serious danger to the health and safety of Imperial Golf Estates residents due to the absence of a gate to Eastwood Drive. However, we do believe that thc existence of a purported "emergency use" only access point would pose an immcdiate threat to tbe health and safety of Palm River residents. A short cut through Palm River would be hard to resist for motorists from Imperial Phase V. These motorists now have a three or four mile drive just to get to their gate. Those who are traveling north, east or south, in fact anywhere other than a local destination on Route 41, will typically need to go toward Goodlette Frank Road, Livingston Road or Route 1-75. Therefore they must travel another three miles, a total of six miles or more just to get to the point onlmmokalee Road they could reach in less than a mile through Palm River. The irresistible nature of such a "short cut" was demonstratcd whcn the storm water department had the fence at the north of Eastwood Drive down to work on the storm swale some months ago. Imperial motorists were seen to drive across their neighbor's yard and dodge a truck parked to block the opening to travel south on Eastwood Drive. And this did not stop when the fence was restored. A resident on Eastwood Drive recently commented on watching a drivcr from Imperial skirting the fence. He said the vehicle tilted so badly navigating the banks he expected it to topple into the swale. Agenda Item No. 12C November 18, 2008 Page 38 of 40 The proper move for the county is to deny the application ror the Eastwood Drive gate and to press for completion of the Livingston Road access. That route was outlined in the 19R7 Imperial Golf Estatcs zoning ordinance as the propcr route. It made sense in 1987. It makes even more sense today. Sincerely, /J (/~ cd-- Francis Hoy, President. Palm River omeowners Association 587 Cypress Way East, Naples. FL 34110 T eJephone 239-598-95] 9 Fax 239-598-2464 e-mail francishov'<V.ealthhnk.nct cc: Commissioner frank Halas Ms. Diane Flagg Mr. Nick Casalanguida Mr. Jeff Wright Mr. Tom Harruff Mr. Norman Feder Mr. John Vliet 'vir. JeffKJatzkow Mr. Anthony Pires M r. Glenn Stevens J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chainnan Panl J. Moriarty, Sr. Treasnrer James Qnigley, Commissioner John O. McGowan, Commissioner Agenda Item No. 12C November 18, 2008 Page 39 of 40 1885 Velerans :Park Drive Naples, FL 34109 (239) 597-3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District September 23, 2008 Tom Haruff, President Imperial Golf Estates Homeowners Association Re: Livingston Road Access Dear Tom, In an effort to provide clarification regarding the District's position on an access road to the Imperial Golf Estates, I would like to offer the following information: . The District is in the process of completing the construction plans for our Station #48 to be located on Livingston Road, approximately one mile from the proposed Marquis entrance to the Imperial Golf Estates. The Board of Fire Commissioners has clearly determined the construction of this station is of the utmost priority. . Th~ (;!:tIT~ntplaJ1sar~ to stllff Stgtt!QIlIt4& with an Advanced Life SUPPQrt apparat.u. s., ----- .-..-----_..... including Advanced Life Support paramedics. We would support the Eastwood Drive (Palm River) access road to Imperial Golf Estates only as a last resort for the following reasons: . The existence of five speed bumps which would impede the progress of any responding emergency vehicle . The speed limit is 25 mph through this residential area . The current bridge will not support many of the emergency apparatus operated by the District As always, our desire is to provide the most efficient and effective emergency response to our residents. The addition of an access road to Imperial Golf Estates off of Livingston Road would provide us with the ability to reduce response times and more effectively serve your community. While our intent is not to discourage creation of an access to Imperial Golf Estates via Palm River, because of the reasons stated above, it would be insufficient for emergency use, except as a last resort. Agenda Item No. 12C November 18, 2008 Page 40 of 40 Tom Haruff, President September 23, 2008 Page Two Should you have any questions, don't hesitate to contact me, Sincerely, e~~~~- ..1 MICHAEL L. BW~' Fire Chief