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Agenda 01/23/2007 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 23, 2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 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. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004 -05, 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 THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 11 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 consent and summary agenda.) B. December 7, 2006 - BCC/Land Development Code Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Steven Epright, EMS 2. Tracey Payne, IT B. 25 Year Attendees 1. Sue Filson, BCC Office 4. PROCLAMATIONS A. Proclamation designating January 21, 2007 - January 27, 2007 as Hazardous Materials Awareness Week. Proclamation will be accepted by Richard A. Zyvoloski, Jr., Emergency Management Coordinator, Bureau of Emergency Services. B. Proclamation designating January 1, 2007 through December 31, 2007 as the Golden Anniversary Year for the Friends of the Library of Collier County, Inc. and Collier County Public Library. To be accepted by Mr. Nick Linn, President, Friends of the Library of Collier County and Ms. Marilyn Matthes, Director, Collier County Public Library. 5. PRESENTATIONS A. Widening the existing two lane rural roadway of Vanderbilt Beach Road to a six lane urban roadway between Airport- Pulling and Collier Boulevard. Project has six foot sidewalk and four foot bike lanes on both sides. This project of 5.39 miles has over 25 miles of underground utility work. 6. PUBLIC PETITIONS A. Public Petition request by Joseph Harrington to discuss addition of a patio enclosure to buffer noise from sewer system. B. Public Petition request by Larry Baytos to discuss the merits of an exploratory study of Home Rule Charter Government. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted 7. BOARD OF ZONING APPEALS Page 2 of 11 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard before Companion Item 8B PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD. This item was continued from the November 28, 2006 BCC meeting and the December 12, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake- Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item 8B PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD) B. This item to be heard following Companion Item 8A PUDA - 2006 -AR -9576 Homes of Islandia RPUD. This item was continued from the November 28, 2006 BCC meeting and the December 12, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD ( LASIP Conservation Area). The CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrenity to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item 8A PUDA- 2006 -AR -9576 Homes of Islandia). C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA - 2005 -AR -8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres, is located along the west side of Airport - Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ -A -AR- 8550). Page 3 of 11 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2005 -AR -8550: Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94-25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres, is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DRIDOA- 2005 -AR- 8543). E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA- 2005 -AR -7818, Freeland and Schuh, Inc., represented by Tim Hancock, of Davidson Engineering, is requesting an amendment to the Pine View PUD to permit automotive sales within the PUD and increase the allowable building height from 35 feet to 45 feet. The subject property, consisting of 15.58 acres, is located on the southwest corner of Pine Ridge Road and Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. F. This item is a companion to Items 10E and 1 O which will be heard at 1:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75/ Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developers Contribution Agreement G. This item was continued from the November 14, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2006 -AR -9610 G.L. Homes of Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2 -year PUD Extensions for the Terafina PUD (Ordinance 04- 15) which is scheduled to sunset on March 9, 2007. The subject property consists of 636.8 acres and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. B. Appointment of member to the Educational Facilities Authority. C. Appointment of member to the Industrial Development Authority. D. Appointment of member to the Public Vehicle Advisory Committee. Page 4 of 11 E. Appointment of member to the Ochopee Fire Control District Advisory Committee. Appointment of member to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. G. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. H. Appointment of members to the Land Acquisition Advisory Committee. I. Appointment of member to the Pelican Bay Services Division Board. J. Request Board to set the balloting date for the recommendation of members to the Pelican Bay Services Division board by Record Title Owners of property within Pelican Bay. K. Recommendation to assign to the County Government Productivity Committee the task of studying the potential benefits of a charter government compared to our present form of government, and to direct The Productivity Committee to report their findings and recommendations to the Board of County Commissioners. (Commissioner Coletta) L. Discussion regarding Collier County's position on property insurance legislation. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Recommendation to approve the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A- category. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) B. This is a Companion Item to Item 14B and to be heard after Items 14A and 14B are discussed by the CRA at 4:30 p.m. Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners to establish an office in Immokalee. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) C. This item to be heard at 4:45 p.m. Quarterly Report of the Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners of Progress Ending on December 31, 2006 (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) D. Recommendation to approve the FY 07 agreement between Collier County Board of Commissioners and the David Lawrence Mental Health Center, Inc. in the amount of $1,035,600. (Marla Ramsey, Administrator, Public Services) E. This item to be heard at 1:00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) F. This item to be heard at 1:00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) G. Recommendation to award Contract 07 -4075 - "Lely Area Stormwater Improvement Project (LASIP) Phase 1A" to Mitchell & Stark Construction Company, Inc in the amount of $2,459,003. ( Stormwater Management Department Project #51101) (Norman Feder, Administrator, Transportation Services) Page 5 of 11 H. Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $7,000,000. (Jim Mudd, County Manager) Recommendation that the Board Of County Commissioners (BCC) give direction to the County Manager or his designee on whether or not to revoke the building permit issued for the Inglis- Spence single family dwelling to be constructed on property located at 502 Coconut Avenue in Goodland, Florida if it is deemed that the permit was issued inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed the County Manager or his designee to evaluate the VR regulations to determine what measures should be taken to ensure that future development will be consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 4:30 p.m. Recommend the Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) appoint a new Chair and Vice -Chair for the CRA, direct the County Manager or his designee to prepare the annual report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and to direct the County Manager or his designee to modify Resolution 2001 -98, which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. B. This item to be heard at 4:30 p.m. and is to be heard before Companion Item 10B. Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Community Redevelopment Agency to establish an office in Immokalee. 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 final acceptance of the water and sewer utility facilities for Falling Waters Beach Resort. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Ave Maria Unit 13, Middlebrooke Townhomes, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 6 of 11 3. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arrowhead Reserve at Lake .Trafford Block C, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security B. TRANSPORTATION SERVICES 1. Recommendation to approve a budget amendment to recognize revenue from a Developer Contribution for the SCOOT Split Cycle Offset Optimization Project 601724 Fund (313) in the amount of $90,000 and appropriate within the project. (Project No. 60172) 2. Recommendation to award Bid #07 -4074 U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews) Irrigation and Landscape Installation to Vila & Son in the amount of $549,015.37 with 10% contingency of $54,901.54 for a total of $603,916.91 (Project #600261). 3. Recommendation to award Bid #07- 4079U.S. 41 (SR 90) Tamiami Trail East (Phase E- Barefoot Williams Road to 951) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $569,627.72 with 10% contingency of $56,962.77 for a total of $626,590.49 (Project #600451). 4. Recommendation to award Bid #07- 4080U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $925,396.63 with 10% contingency of $92,539.66 for a total of $1,017,936.29 (Project #600231). 5. Recommendation to award Bid #07 -4091 Golden Gate Boulevard Phase III Collier County Landscape Beautification Master Plan to Hannula Landscaping Inc. in the amount of $478,939.64 with 10% contingency of $47,893.96 for a total of $526,833.60 (Project #600701). 6. Recommendation that the Board of County Commissioners approve a budget amendment to recognize revenue from various Developers for the PUD Monitoring Program in the amount of $79,929 and appropriate within Fund (101). 7. Approve a Budget Amendment recognizing an additional $36,568.00 in Federal Transit Administration Grant Section 5311 funds for Fiscal Year 2007. 8. Approve the purchase of 2.41 (Parcel #137) acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) 9. Approve the purchase of 2.41 acres (Parcel #139)of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) 10. Recommendation to award Bid #07 -4093 - Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge Road) to Hannula Landscaping Inc. in the amount of $856,950.03.(Fund 313, Project #600054). 11. Recommendation to award Bid #07 -4073 US 41 Tamiami Trail North (SR 45) Phase V (Wiggins Pass to County Line) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $683.891.35 with 10% contingency of $68,389.13 for a total of $752,280.48 (Project #600211). 12. Recommendation for the Board of County Commissioners to approve budget amendments to re -align the Surveying, Underground Locates, and ROW Permitting Sections from Traffic Operations and Stormwater Management Departments to the Road and Bridge Department in the amount of $207,129. 13. Recommendation to approve the Collier Area Transit Substance Abuse Policy. u 14. Recommendation that the Board of County Commissioners approve one (1) Adopt -A -Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. Page 7of11 15. Recommendation to approve the purchase of one fixed route bus to be operated by Collier Area Transit. C. PUBLIC UTILITIES 1. Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the Henderson Creek Park water distribution system at a cost not to exceed $3,250, Project 710101. 2. Recommendation to award Contract 07 -4071 Financial Consulting Services to Public Resources Management Group, Inc. (PRMG), in an estimated annual amount of approximately $300,000. 3. Recommendation to convey a Utility and Access Easement to the Water -Sewer District for the construction and maintenance of raw water pipelines, and access, on property owned by Collier County within the CR -951 Canal Corridor at an estimated cost not to exceed $18.50, Project Number 700661. 4. Recommendation to approve the acquisition of a 50 -foot by 60 -foot Utility Easement near the northwest corner of 481 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Number 700661. 5. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. 6. Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. �... 7. 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. 8. Award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07 -4088, project 73050. D. PUBLIC SERVICES 1. Approve Agreement for funding in the amount of $600,000 towards costs of repairs of Everglades City Hall as approved by the Board on November 21, 2006. 2. Recommendation to Approve a Resolution Designating February 2007 as Domestic Animal Services Senior Appreciation Month and Providing Senior Citizens a $10.00 Discount for the Adoption of Dogs and Cats During that Month. 3. Recommendation to accept Grant Agreement #06174 from the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program (FBIP) Grant to fund the Collier County Boater Education Project in the amount of $14,000. Approve Budget Amendments to recognize grant funds and transfer previously recognized match /seed money in the amount of $8,000 from Cedar Bay Marina. 4. Recommendation to approve a budget amendment recognizing $3,300 in revenue from Pepsi Bottling Group, Inc. as initial support funds and appropriating funds for purchase of additional food concession equipment. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve Change Order No. 8 to Work Order #BSSW- 00 -07, Design of the North Collier Government Services Center, under Contract 99 -2930, Fixed Term Professional Architectural Services with BSSW Architects, Inc. in the amount of $45,375 Page 8 of 11 F. COUNTY MANAGER 1. Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a budget amendment recognizing and appropriating the $250 annual renewal fee. 2. Recommend Approval of Revised Collier County Beach Parking Policy and authorize staff to amend Ordinance 8917 and or Resolution 2002 -430 as necessary. 3. Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $24,200. 4. Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $175,000. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception, welcoming Philip G. Flood, Director, Lower West Coast, on Wednesday, January 10, 2007, at the Hilton Naples, 5111 Tamiami Trail North, Naples, Florida. $35.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception, welcoming Philip G. Flood, Director, Lower West Coast, on Wednesday, January 10, 2007, at the Hilton Naples, 5111 Tamiami Trail North, Naples, Florida. $35.00 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Prepaid to attend the EDC Industry and Opportunity Tour on February 2, 2007. $20.00 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Naples Children & Education Foundation's reception on Tuesday, January 16, 2007 at The Pavilion Cinemas in Naples, Florida. $20.00 to be paid from Commissioner Halas' travel budget. 5. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Right Angle Club's Luncheon Meeting on Wednesday, January 11, 2007 at The Vanderbilt Golf and Country Club in Naples, Florida. A total of $15.00 to be paid from Commissioner Coletta's travel budget. 6. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Spoke at the Heritage Bay Affordable Housing Groundbreaking and attended their Luncheon on Friday, January 19, 2007 at The Heritage Bay in Naples, Florida. A total of $16.00 to be paid from Commissioner Coletta's travel budget to cover the cost of the luncheon. 7. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Friends of the Library Champagne Under the Stars 50th Year Anniversary on Friday, January 12th, 2007 at the Library Headquarters; $20.00 to be paid from Commissioner Fiala's travel budget. Page 9 of 11 8. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. To Attend the Bayshore Cultural Arts HeArts in the Garden Series on February 2nd and February 9th, 2007; $50.00 to be paid from Commissioner Fiala's travel budget. 9. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the East Naples Civic Association 207 Annual Dinner on Monday, January 22nd, 2007; $35.00 to be paid from Commissioner Fiala's travel budget. 10. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Workforce Housing Consensus #3 on Monday, January 15th, 2007; $15.00 to be paid from Commissioner Fiala's travel budget. 11. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the CREW Land and Water Trust Annual Meeting on Friday, January 26th, 2007 at The Club at Barefoot Beach; $20.00 to be paid from Commissioner Fiala's travel budget. 12. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Area Chamber of Commerce Installation of 2007 President on Sunday, January 14th, 2007; $65.00 to be paid from Commissioner Fiala's travel budget. 13. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Workforce Housing Consensus #2 on Friday, January 12th, 2007; $16.00 to be paid from Commissioner Fiala's travel budget. 14. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Martin Luther King, Jr. VIP Reception on January 13, 2007 and is requesting reimbursement in the amount of $12.00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of December 23, 2006 through December 29, 2006 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of December 30, 2006 through January 05, 2007 and for submission into the official records of the board. 3. Recommendation that the Board of County Commissioners approve the attached Resolution which supports the Collier County Sheriffs Office efforts to research and implement a work - release program as authorized and defined in 951.24, Florida Statutes. K. COUNTY ATTORNEY 1. Recommendation to approve settlement in the lawsuit entitled Gundeck v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06- 490 -CA, for $55,000.00. 2. Recommendation to accept Respondents Offer of Judgment in the amount of $19,000.00 for Parcel 149 and approve the Stipulated Final Judgment in the lawsuit styled Collier County v. Ziad Shahla, et al., Case No. 04- 600 -CA (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact $6,078.00). Page 10 of 11 3. Recommendation to Approve an Agreed Order for Payment of Engineering Fees in the amount of $1,600.00 in Connection with Parcel 145 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et al., Case No. 04- 3452 -CA (Immokalee Road Project No. 66042). Fiscal Impact: $1,600.00. 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 was continued from the December 12, 2006 BCC and January 9, 2007 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT- 2006 -AR -9775, Hanson to disclaim, renounce and vacate the Countys and the Publics interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SV- 2006 -AR -9400, for an After - The -Fact Sign Variance for the Swamp Buggy Races /Florida Sports Park. The Sign Variance requested is to allow the existing non - conforming (Location, Size And Height) Off - Premises Directional Sign to remain at its existing location for a period of not more than three - years. The subject property is Collier County Public Right -Of -Way (Row) Collier Boulevard (CR 951) and south Florida Water Management District (SFWMD) Big Cypress Basin Easement along Collier Boulevard (CR 951) is located on the Southeast corner of Collier Boulevard and Rattlesnake - Hammock Road (CR 864) on property hereinafter described in Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 23, 2007 Add On Item 2C: January 10, 2007 — BCC Special Meeting with South Florida Water Management District. (Minutes & Records request.) Item 8A should read: Page 4 under Considerations, first paragraph, last sentence should read: ".... is not being utilized since the residents are (rather than residence is) ...." Commissioner Fiala's request.) Item 8C should read: Under Fiscal Impact, 1" paragraph, "PUD amendment" to be replaced with "DRI amendment ". (Commissioner Fiala's request.) Item 91 continued indefinitely: Appointment of member to the Pelican Bay Services Division Board. (Staff's request.) Add On Item 9M: Board of County Commissioners to consider giving staff direction to place CP- 2006-06 in the 2005 Growth Management Plan Amendment Cycle, or to create a special cycle for GMP amendments that provide for affordable housing. This request is a proactive measure, given the loss of State funding for essential services personnel (ESP) housing that was denied by the Florida Housing Finance Committee. The specific GMP amendment will provide for 1176 affordable housing units on approximately 196 acres of land, of which 30% of those units would be for low income homes and the balance of the units apportioned for ESP and gap housing. (Commissioner Coletta's request.) Withdraw Item 16C8: Award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07 -4088, project 730560. (Staff's request.) Item 16172 should read: Under Fiscal Impact, "The source of funds is from general fund ad valorem taxes" (rather than category "A" Tourist Development Taxes). Also note that recommended revisions to the Beach Parking Policy will become effective upon Board approval of the required amendment to Ordinance 89 -17 and /or Resolution 2002 -430. (Staff's request.) Withdraw Item 16H12: Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Area Chamber of Commerce Installation of 2007 President on Sunday, January 14, 2007; $65.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Time Certain Items: 11:00 a.m. Item 10A 1:00 p.m. Items 10E, 10F, 8F 4:30 p.m. Items 14A and 14B and 10B 4:45 p.m. 10C After 5:00 p.m. Item 101 Item 10A to be heard at 11:00 a.m.: Recommendation to approve the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A- category. Item 10E to be heard at 1:00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. Item 10F to be heard at 1:00 p.m. immediately following 10E: Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. Item 8F to be heard at 1:00 p.m. immediately following 10E and 10F: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75 1Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C -4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developer's Contribution Agreement. Item 14A to be heard at 4:30 p.m. Recommend the Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) appoint a new Chair and Vice - Chair for the CRA, direct the County Manager or his designee to prepare the annual report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and to direct the County Manager or his designee to modify Resolution 2001 -98, which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. Item 14B to be heard at 4:30 p.m. following Item 14A: Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Community Redevelopment Agency to establish an office in Immokalee. Item 10B to be heard at 4:30 p.m. following Items 14A and 148: Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee enterprise Zone Development Agency to the Collier County Board of County Commissioners to establish an office in Immokalee. Item 10C to be heard at 4:45 p.m. Quarterly report of the Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners of progress ending on December 31, 2006. Item 101 to be heard after 5:00 p.m. Recommendation that the Board Of County Commissioners (BCC) give direction to the County Manager or his designee on whether or not to revoke the building permit issued for the Inglis- Spence single family dwelling to be constructed on property located at 502 Coconut Avenue in Goodland, Florida if it is deemed that the permit was issued inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed the County Manager or his designee to evaluate the VR regulations to determine what measures should be taken to ensure that future development will be consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay. Agenda Item No. 4A January 23. 2007 Page 1 of 2 PROCLAMATION WHEREAS, the safe use of hazardous material is essential to business, industry and local governments to maintain economic stability, and to protect the citizens of the Ninth Planning District of Florida, and, WHEREAS, it is essential to plan and prepare for the accidental release of hazardous materials and to protect the well being of all citizens and visitors in the District, and, WHEREAS, response teams, such as fire, police, and emergency medical services must know the types of hazardous materials and chemicals that are being used and stored in the event of an incident to respond safely: and, WHEREAS, all citizens have a Right -to -Know the types of hazardous materials and chemicals in their communities, and a Right -to -Know the proper procedures to take in case of an occident or emergency: and, WHEREAS, the Southwest Florida Local Emergency Planning Committee recognizes the importance of community awareness of the Emergency Planning and Community Right -to -Know Act enacted by the United States Congress. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 21, 2007 through January 27, 2007 be designated as HAZARDOUS MATERIALS AWARENESS WEEK DONE AND ORDERED THIS 23rd Day of January, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JIM COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agency Item No. 4A January 23, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A. Item Summary: Proclamation designating January 21, 2007 - January 27, 2007 as Hazardous Materials Awareness Week. Proclamation will be accepted by Richard A Zyvoioski. Jr.. Emergency Management Coordinator. Bureau o+ Emergency Services. Meeting Date: 1/23/2007 EL0000 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC office 1/91200711:37:41) AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11101200711:04 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1012007 8:20 PM Agenda Item No. 4B January 23, 2007 Page 1 of 2 P R 0 C L A M ATION WHEREAS, in 1957, the newly formed Friends of the Library of Collier County, Inc. brought a petition before the Collier County Board of Commissioners requesting to turn the small "Book Room" located in the Naples Woman's Club's (then) new building into the first "Free" public library in Collier County, and, WHEREAS, said petition was approved by the Board of County Commissioners, thereby establishing the Collier County Free Public Library; and, WHEREAS, beginning Monday, January 1, 2007, and continuing through December 31, 2007, Collier County Public Library and the Friends of the Library of Collier County will commence with a year -long celebration honoring their fifty years of service to the community; and, WHEREAS, this year -long celebration reflects their continuing commitment to provide the highest levels of service possible to county residents; and, WHEREAS, 50"' birthday activities will showcase the important role the Friends of the Library and Collier County Public Library play in the daily lives of all county residents; and, WHEREAS, through the library's two regional and seven branch libraries, patrons are able to enjoy a good book; enhance literary skills; research health and financial issues; receive computer instruction; access the World Wide Web; download audio books to their personal computers; enjoy a first -rate classic, foreign, or documentary film; access information and services for special needs; or simply visit the post and imagine the future; and, WHEREAS, the Friends of the Library of Collier County, in partnership with Collier County Public Library, has been committed to supporting quality library programs and services since its founding in 1957, and, WHEREAS, the Friends of the Library of Collier County has taken the lead in underwriting many special programs and services, including the Adult Literacy Program; Classic, Foreign, and Documentary Film Series; ^ and other outreach endeavors specifically designed to enhance and improve the quality of life of county children and their families; and, WHEREAS, these outreach endeavors are available to all county residents through Collier County Public Library branches; and, WHEREAS, in recognition of their 50 years of working together, Friends of the Library of Collier County, Inc. and Collier County Public Library have provided accessible, comprehensive informational, educational, recreational, and cultural services to the citizens of Collier County, Florida. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 1, 2007 through December 31, 2007 be designated as THE GOLDEN ANNIVERSARY YEAR FOR THE FRIENDS OF THE LIBRARY OF COLLIER COUNTY, INC. AND COLLIER COUNTY PUBLIC LIBRARY DONE AND ORDERED THIS 23rd day of January, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JIM COLETTA, CHAIRMAN ATTEST: DWIGHT E. $ROCK, CLERK Agenda Item No. 4D January 23. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4B Item Summary: Proclamation designating January 1. 2007 througn December 31. 200T aS the Golden Anniversary Year for the i riends of the Library of Collier County, Inc. and Collier County Public Library. To be acceoted by Mr. Nick Linn. Pres,dent. Friends of the Library of Collier County and Ms_ Marilyn Matthes, Director, Collier County Public Library Meeting Date: 1/23/2007 9.00.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 1!101200710:55:02 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/10!2007 11:03 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1110/2007 8:23 PM Commissioners Agenda Item No. 5A January 23, 2007 Page 1 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: January 23, 2007 Contract Number, Proiect Title, Proiect Number: 04 -3619 — Vanderbilt Beach Road project number 63051 Firm Name: APAC Proiect Manager: Eddie Martin Proiect Description: Widening the existing two lane rural roadway of Vanderbilt Beach Road to a . :x lane urban roadway between Airport- Pulling and Collier Boulevard. Project has ix foot sidewalk and four foot bike lanes on both sides. This project of 5.39 miles has o� rr 25 miles of underground utility work. Original ;tart Date: March 30, 2004 Ori final Completion Date: September 30, 2007 Revised Completion Date: March 12, 2008 Reason(s) for Variance: Utilities conflicts with Sprint, Teco, Quest,' FPL and Collier County. Utilities were not located in the field as they were shown on the plans, requiring significant redesign. Design revisions and Hurricane Day's. Actions Planned /Taken to Minimize Variance: Original Budget: $37,604,879.73 Revised Budget: $37,956,820.38 Reason(s) for Variance: For correction of conflicts with Utilities not shown on plans. Actions Planned /Taken to Minimize Variance: Current Proiect Status: 1) Completing punch list for Milestone 1. 2) Installing 20" Force main and 30" Water main in Milestone 3. 3) Installing embankment from Livingston to I -75. 4) Installing Sleeving at Webber and Collier Boulevard. Agenda Item No. 5A JanUary 23. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -^-• Item Number: 5A Item Summary: Widening the existing two lane rural roadway of Vanderbilt Beach Road to a six lane urban roadway between Airporl- Pulling and Collier Boulevard. Project has six foot sidewalk and four foot bike lanes on both sides. This project of 5.39 miles has over 25 miles of underground utility work. Meeting Date: 112312007 9:0000 AM Prepared By Eddie Martin Field Engineering Inspector Date Transportation Engineering and Transportation Services Construction 1 211 912006 8:50:27 AM Approved By Steve Ritter Field Engineering Inspector Date Transportation Engineering and Transportation Services Construction 12/19/2006 9:11 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 12!1912006 10:28 AM Approved By Najeh Ahmad Director Date Transportation Engineering 8 Transportation Services Construction Management 12/1912006 2:48 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 12119/2006 3:17 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 12119!2006 4:24 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1212012006 5:56 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admm. 12121:2006 9:32 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 12121/2006 11:15 AW Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 12!2112006 3:18 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager `s Office Office of Management S Budget 12f2&2006 6:36 AM Approved By Jame.=. V. Mudd County 4ianager Date Eoard of County Commissioners County Manager's Office 12128;2006 11 :22 AM Agenda Item No. 6A January 23, 2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 January 9, 2007 Mr. Joseph Harrington 5021 Catalina Court Naples, FL 34112 Re: Public Petition Request to Discuss Addition of a Patio Enclosure To Buffer Noise From Sewer System Dear Mr. Harrington: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 23, 2007 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, % — James V. Mudd d County Manager JVM /jb cc: David Weigel, County Attorney Joseph Schmitt, CD &ES Administrator Jim DeLony, Public Utilities Administrator Agenda Item No. 6A RF %F1VCp CDFT1J �niJuJar 23(.20b� 07 Request to Speak under Public Petition -- --- --- - - Please print JAN - : 2007 Name: Address LE Phone: Date of the Board Meeting you wish to speak: 0200 %' Please explain in detail the reason you are requesting to speak (attach additional page if necessary): Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): HAPublic Petition Request Form.doc Agenda Item No. 6A January 23. 2007 Page 3 of 3 My name is Joseph Harrington and I live at 5021 Catalina Court in Naples. Behind my house, within (200) two hundred feet, a high pressure sewer system has been erected to filter the fumes and it runs (24/7) twenty four hours a day, seven days a week. The noise is quite loud and we are required to leave the hurricane shutters on our bedroom to cut down on the noise so that we may sleep. My wife has recently had open -heart surgery and its difficult at best for her to get the rest she requires. I've enclosed several pictures of the said Collier Country filter system showing the system and its position in relation to our property. 1) Front/side of 5021 Catalina Court 2) Side yard of 5021 Catalina Court 3) View to backyard from dining room 4) View from system to patio at 5021 Catalina Court 5) View from system to back of 5021 Catalina Court 6) Another view from system 7) Additional angle of system 8 -11) Additional views of the system I applied for a permit to erect an enclosure to our patio and was rejected by the Planning Department. I spoke with John Holdsworth and he gave me an application for a lot line adjustment to do, which I had done by my engineer, McAnly Engineering. When I returned with the revised plans I was told I needed a site development plan amendment. I was then told to appeal to the County Commissioners to get this overridden. I am requesting the Commission to override the Collier County's Planning Board decision to allow me to erect an enclosure to our patio. Agenda Item No. 6B January 23, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 January 11, 2007 Mr. Larry Baytos 252 Cheshire Way Naples, FL 34110 Re: Public Petition Request to Discuss The Merits of an Exploratory Study of Home Rule Charter Government Dear Mr. Baytos: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 23, 2007 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, .� James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Agenda Item No. 6B January 23; 2007 Page 2 of 2 Request to Speak under Public Petition Please print Name: Address: A Phone: Date of the Board Meeting you wish to speak: Please explain in detail the reasonyouu are requesting to speak (attach additional age if necessa Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): 11. WUUIJ VVIUUTV -Ul If lbtruUnu relivufl Request rorm.aoc 5 MA Agenda Item No. 8A January 23, 2007 Page 1 of 69 SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3± acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake - Hammock Road (CR -864), in Section 10, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDZ -A- 2006 -AR -9021 LASIP CONSERVATION CFPUD OBJECTIVE: This supplemental to the Executive Summary is to clarify the intent of petition PUDA - 2006 -AR -9576 Homes of Islandia which is a companion item to PUDZ -A- 2006 -AR -9021 _ LASIP Conservation CFPUD. Basically, both petitions are separating The Club Estates (Ordinance 99 -31) into two PUD's. The petitioner for Homes of Islandia is also amending the PUD to change the name from The Club Estates PUD to Homes of Islandia RPUD, reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28) residential units as well as remove a recreational tract and a refuse collection site. CONSIDERATIONS: The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the PUDA -2006- AR -9576 by a vote of 8 -0. The motion included the following stipulations: 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project (LASIP). 3. Provide the County with an affidavit that confirms the Homeowners Association is part of the Amendment application. 4. Correct the language in the RPUD document for redundancy. 5. Provide the Board of County Commissioners a current Warranty Deed. It should be noted that the applicant opposes the recommendation number 2 made by the CCPC. Staff arranged a meeting with County Engineers to resolve the issue. Engineering staff maintains their position that the development has a SFWMD permit with a control elevation of 9.0' NGVD. The regional stormwater management improvements (LASIP) that are proposed for this area's drainage outfall include construction of a weir with a control elevation of 9.4' NGVD. LASIP has been permitted by the SFWMD and United PUDA- 2006 -AR -9576 Homes of Islandia Page 1 of 2 Agenda Item No. 8A January 23, 2007 Page 2 of 69 States Army Corps of Engineers (USACOE). The developer needs to modify its water management control structure, and permit, to comply with the anticipated 9.4' NGVD downstream control elevation. Staff's analysis of the Engineering staff recommendation should be addressed during the review of the first Development Order and not during the Zoning phase. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDA- 2006 -AR -9576 Homes of Islandia RPUD with the CCPC's stipulations excluding # 2 of the recommendations. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDA - 2006 -AR -9576 Homes of Islandia Pabe 2 of 2 Agenda Item No_ 8A January 23, 2007 Page 3 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A Item Summary: This item to be heard before Companion Item SB PUDZ- A- 2008 -AR -9021 LASIP Conservation CFPUD. This item was continued from the November 28, 2006 BCC meeting and the December 12, 2006 BCC meeting. This item requires that all pamcipants be sworn in and ex parte disclosure be provided by Commission memners. Petition: PUD1"- 2006 -AR- 9576 The Club Estates IL LLC, represented by Michael Fernandez. AICP, of Planning Development Incorporated.. requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Resldentlal Planned Unit Development (RPUD) . The proposed amendment seeks to remove 99 acres from the original PUD.. reduce the number of allowable dwelling units from 49 to 28, chance the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.1B units per acre, and is located on the west side of Collier Boulevard (C.R- 951). approximately 1 mile north of Rattlesnake - Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item BE PUDZ -A- 200E -AR -9021 LASIP Conservation CFPUD.) Meeting Date: 1123/2007 9.00:00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 11115120D6 10:06:03 AM Approved By Marjorie M. Student- Stirling Assistant County Attorney Date County Attorney County Attorney Office 12/1/2006 6:33 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1214/2006 9:59 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development 8 Environmental Services Environmental Services Admin. 12/412006 3:14 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 12151200fi 8:05 AM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 125!2006 9:54 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1215i2006 7.07 PM Agenda !teat No. 8A January 23, 2007 Page 4 of 63 EXECUTIVE SUMMARY Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3± acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake - Hammock Road (CR -864), in Section 10, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDZ-A- 2006 -AR -9021 OBJECTIVE: The petitioner is requesting an amendment from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The purpose of the PUD Amendment is to reflect changes that resulted from the sale of a portion of The Club Estates PUD to be utilized as a conservation area for Lely Area Storm Water Management (LASIP) Community Facility Planned Unit Development (CFPUD) the companion item to this petition. The amendment request is to remove ninety -nine (99.3) acres from The Club Estates PUD, reduce the permitted dwelling units fi-om forty -nine (49) to twenty -eight (28), change the name of the PUD, and remove a recreational tract and a common trash collection area and modify the Master Plan to reflect the changes. CONSIDERATIONS: The proposed petition intends to remove the southerly 99.3 acres from the PUD as well as reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28) residential units. Additionally, the petitioner proposes to change the name from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The petitioner is also proposing to remove a recreational "Tract T" of The Club Estates Master Plan and remove "Tract T 1" which was to be used for a common refuse collection site but is not being utilized since the residence is individually served by the local service provider. The remaining 155± acre subject site has been platted along with an associated perimeter road; utilities and drainage improvements have been completed. The twenty -eight single - family lots have been cleared and a number of the lots are under construction with some homes built. The proposed amendment from PUD to RPUD will not change the residential land use and therefore will remain consistent with the GMP and LDC. This petition will not add additional density and the proposed amendment is compatible with the development in the vicinity. Existing and authorized land uses in the vicinity of PUDA - 2006 -AR -9576 Homes of Islandia Page I of 5 Agenda Item No. 8A January 23, 2007 Page 5 of 69 the site are single - family and multi- family residential and the uses immediately adjacent to the site are single - family residential. The proposed Community Facilities PUD known as LASIP CFPUD will be utilized as a passive park for the residents of Collier County. The future use of the subject property would be single - family residential. The rezone will not adversely affect the health, safety and general welfare of the citizens of Collier County. Approved Land Uses: North of the subject property is Naples National Golf Club, zoned PUD; south of the subject property is Naples Lakes Country Club, zoned PUD, approved for 731 residential units; east of the subject property is vacant, zoned Agriculture (A) and bordering the subject property on the west is Naples Heritage Golf and Country Club, zoned PUD and was approved for 799 residential units. Growth Management Plan Impact (GMP): Future Land Use Element: The subject property is within the Urban Residential Sub - District, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Density Rating allows 4 dwelling units per acre for this site, which is greater than the 0.18 units per acre density sought by the amendment. Based on the above analysis, the proposed petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. The RPUD does not add any new density or increase project traffic on the County roadway network. ENVIRONMENTAL ISSUES: Environmental staff has reviewed the petition to ensure compliance with the environmental regulations and found this amendment consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC): This petition did not meet any thresholds that required a review by the Environmental Advisory Council (EAC) because the land had been previously disturbed. FISCAL IMPACT: The PUD Amendment will have no fiscal impact upon Collier County. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.02.13 and 10.03.05 of the LDC. The evaluation is completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: PUDA- 2006 -AR -9576 Homes of Islandia Page 2 of 5 Agenda Item No. 8A January 23, 2007 Page 6 of 69 • 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. Pro: The proposed amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by residential and the proposed project is also residential. Findings: The proposed change decreases density but keeps the land use as residential. The petition will be in compliance with all county regulations: therefore the project is suitable for the area. • 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. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None. Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Homes of Islandia RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. • 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. Pro: The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). Con: None. Findings: Based on the staff s review the proposed change would be in compliance with the Future Land Use Element (FLUE) of the Gro�rth Management Plan (GMP) and the Land Development Code (LDC). Since the current PUD is approved for forty - nine (49) residential units and the requested action is to lower the density to twenty - eight (28) dwelling units, the goals and objective of the GMP will remain. • Whether changed or changing conditions make the passage of the proposed alllen w nen,t necessary. PUDA - 2006 -AR -9576 Homes of Islandia Page 3 of 5 Agenda item No. 8A January 23, 2007 Page 7 of 69 Pro: The request is reasonable because it does not change the land use which continues to be in harmony with the surrounding area. Con: The proposed rezone amendment is not obligatory at this location. Findings: The rezone amendment is necessary because the project supports the LASIP CFPUD by removing a portion of their land in order to increase the preservation within the neighboring area. • Whether the proposed change will create a drainage problem. Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: The project is a companion item to the LASIP CFPUD which is being proposed to alleviate drainage problems throughout the Lely Area Stormwater district. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the PUDA -2006- AR -9576 by a vote of 8 -0. The motion included the following stipulations: 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project ( LASIP). 3. Provide the County with an affidavit that confirms the Homeowners Association is part of the Amendment application. 4. Correct the language in the RPUD document for redundancy. 5. Provide the Board of County Commissioners a current Warranty Deed. It should be noted that the applicant opposes the recommendation number 2 made by the CCPC and as a result is planning to coordinate a meeting with county engineers to resolve the issues. The results will be presented verbally by the applicant at the BCC hearing. The petitioner has agreed to provide the affidavit of the Homeowners Association to be part of the Amendment application and provide current warranty deeds. The primary reason the applicant did not agree to number 2 was due to the applicant's need to revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project ( LASIP). The CCPC based their recommendation on staff's condition that the RPUD comply with the water management facilities and permits of the new regional weir proposed and permitted for LASIP. The applicant claims that the project has been permitted by SFWMD and that they don't intend PUDA- 2006 -AR -9576 Homes of Islandia Page 4 of 5 Aaenda Item No. 8A y,lanuary 23, 2007 Page 8 of 69 to alter the landscape to meet the recommendation. In Section VI Development Commitments of The Club Estates PUD document, as well as in Section VI Development Commitments of the revised RPUD document, it states in 6.2 that "all facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable state and local laws, codes, and regulations applicable to this RPUD." In the same section under 6.7 Water Management "development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. The SFWMD ERP Permit" which means if the District determines the permit needs to be modified to reflect the new regional weir for LASIP, the developer or elective of the RPUD shall comply. The RPUD Statement of Compliance also affirms the development will be in compliance with the goals, objectives and policies of Collier County as set forth in the GMP, as well as statement 5 which declares the project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDA - 2006 -AR -9576 Homes of Islandia RPUD with the CCPC's stipulations. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDA- 2006 -AR -9576 Homes of Islandia Page 5 of 5 Agenda Item No. 8A January 23, 2007 Page 9 of 69 HOMES 017 �ISL-AND1A A RESIDENTIAL: PLANNED UNIT DEVELOPMENT � 4 . ■ 0 ORIGINAL DOCUMENT DATE REIIISI�N_DATE DATE .FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION OW*06 08/01/06 PAGE Agenda Item No. 8A January 23, 2007 Page 10 of 69 SECTION 4I- -LI LOW DENSITY RESIDENTIAL AREA PLAN SECTION N Lil COMMONS AREA PLAN SECTION V IV CONSERVATION/PRESERVE AREA PLAN SECTION V .4� DEVIATIONS DEVELOPMENT COMMITMENTS AND b8v-IA Agenda Item No. 8A January 23, 2007 Page 11 of 69 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan Agenda Item No. 8A January 23. 2007 Page 12 of 69 STATEMENT OF COMPLIANCE The development of approximately 155.3 acres of property in Collier County, as a Reside;nfial Planned Unit Development to be known as HOMES:0.F.I.SLANINDIA will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and accessory facilities of HOMES : OF __. ISLANDIA 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; Residential Proiect The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map . - of the Future Land Use Element. 2 The project development is compatible and complementary to existing and future surrounding land uses as required by P6li6y- "5 4 of `the Future Land Use Element. 3. Improvements are planned to be in compliance with the Land Development Code as set forth by the Future Land Use Element. 4. The project development will result in an efficient and economical extension of community facilities and services as required by the Future Land Use Element. 5. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may required by Objective 1.5 of in - regu{atien°a by-the Drainage Sub - Element of the Public Facilities Element. 6. The Residential Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 7. The projected gross density of 0.18 d.u. per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Agenda Item No. 8A January 23, 2007 Page 13 of 69 Base tJensity 4 0 D,U/A Traffic Congestion Area 0 0 DU /A N_o_Bon "reauested + 'U 0 DU /A Agenda Item No. 8A January 23, 2007 Page 14 of 69 SECTION I • - _ . r 1.1 LEGAL DESCRIPTION The subject property being 1:55.3 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right -of -way and /or Utility Easements, as appear in those certain deeds and instruments recorded at O.R. Book 1952, Page 2219. .s w o , 1.2 1 -1 Agenda Item No. °A January 23, 2007 Page 15 of 69 ■ e 1.2 PROJECT DESCRIPTION The completed project will be a private gated community consisting of e m8ximum!0f 28 residential lotsand two interconnected lakes located Within .a common .preserve.. The lots and lakes are located interior. to a ee# sides- e#4�s perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1.4 SHORT TITLE This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD.° UK Agenda item No. 6A January 23, 2007 Page 16 of 69 �- - - - - e- o ■ - .: 1f: �1iRlt fl �J: 9i' r.' F[ iHi�i® � 1�I�7��iGTST'G��T- 1lT1GT.T:TZ:S Agenda Item No. SA January 23, 2007 Page 18 of 69 n ?Mn1�uBM € €-ASV9 € LE9:1FAGI LIT! ES wisilisim: � =M .. • _ _ WIN n _ •. ��.�i1nCc -n u.n��•aiiu ■ ®��e++i�n ®��ie�ic �i� n ?Mn1�uBM € €-ASV9 € LE9:1FAGI LIT! ES wisilisim: � =M • _ _ WIN n Agenda Item No. 8A January 23, 2007 Page 19 of 69 ^%AlKl=M0�:Ue%n f�^RAIRRMKI AC Agenda Item No. 8A January 23, 2007 Page 20 of 69 SECTION Will LOW DENSITY RESIDENTIAL AREA PLAN Tract 1" 28 3.3. USES PERMITTED 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 Dwelling Unit 2. On -site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 1. Customary accessory uses and structure, including private garages. 2. Common recreation amenities. 3. Detached Guest Houses 4. Commercial Excavation 5. Retained native vegetation. 111 -1 Agenda Item No. 8A January 23, 2007 Page 21 of 69 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards and set -backs shall be in relation to the individual lot boundaries, except as otherwise provided. B. MINIMUM LOT AREA: 20,000 square feet. C. MINIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right -of -way and shall not include the narrow driveway portion of the lot. 1, Corner Lots -100 feet 2. Interior Lots - 100 feet D. MINIMUM LOT FRONTAGE: 1. 30 feet, measured at the right -of -way line. E. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. 1. Front Yard: 50 feet from Right -of -Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line, even if the lot or parcel is "T" or flag shaped. (b) If a lot or parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. III -2 Agenda Item No. 8A January 23, 2007 Page 22 of 89 (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. F. MINIMUM FLOOR AREA: 1. 3,000 square feet G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES; 1. 10 feet I. H MAXIMUM HEIGHT: 1. Principal Structure — 50 feet and 3 stories above the minimum base flood elevation. 2. Accessory Structure — 35 feet and 2 stories above the minimum base flood elevation. 111 -3 SECTION IV [1 COMMONS AREA PLAN 4.1. PURPOSE Agenda Item No. 8A January 23; 2007 Page 23 of 69 The purpose of this Section is to set forth the development plan and development standards for the area designed as Tract "O ", Commons Area /Conservation Area on the RPUD Master Development Plan, Exhibit "A ". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. 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. 4.2. 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. Lakes. 2. Open Spaces /Nature Preserves (Conservation Area). 3. Pedestrian and bicycle paths or other facilities constructed for purposed of access to or passage through the common areas. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 5. Commercial Excavations. 6. B. Accessory Uses: 1. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4.3. DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. IV -1 Agenda Item No. QA January 23, 2007 Page 24 of 69 B. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. E. MAXIMUM HEIGHT: 1, Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. IV -2 SECTION V-IV CONSERVATIONIPRESERVE AREA PLAN 5.1. PURPOSE Agenda Item No. 8A .January 23, 2007 Page 25 of 69 Conservation /Preserve Area — The purpose is to preserve and protect native vegetation naturally functioning habitat in their natural state. 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, subject to regional state and federal permits when required; A. Principal Uses, 1. Open Spaces /Nature Preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies. 3. Perimeter security fences or privacy walls may be eight feet high and will be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats. 4. Native vegetation landscaping. 5. Permitted mitigation activities. V -1 Agenda Item No. 8A January 23. 2007 Page 26 of 69 SECTION WV DEVELOPMENT COMMITMENTS ANDDEVIATIONS VI -1 am \ f MR MR Mel #O-aii evern VI -3 D �m ED = co O N — C , 6-- c9 -jD HE Agenda Item No. 8A January 23. 2007 Page 30 of 69 5.1..: DEVELOPM ENT: COMMITMENTS A. DEVELOPER 'CONTRIBUTIONS Fa.gENGINF=ER4NG--5.'2:DEVIAT-IONS A. ENGINEERING T h . skillbe su I. Grassed slopes of 3H:1V may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater that 4H:1 V. B. TRANSPORTATION 1. A:deviation from L I DC . .. - requirements for RP,UD annual monitoring report E The devel op er-i n lieu 6T pa ying Tor.ann ual teaffic counts at the `project accesses, s Mall ,make , a single :_payment : in .,the.:a,mqu.r1,t of $3,600 to mitigate the need ;for annual counts: A_ WeFk'-w1thin;�nQ6l'ieF Ce,Lim+%1-'rk6ht.'4f_a. _y _M011 meet. tha�,*-Te�wimrnq�t.. -,- - , __4 - , - VI-5 Aaenda Item No. 8A January 23.2OO7 Page31of60 VI-6 Aaenda Item Igo. 3A V January 23, 2007 Page 32 of 69 V! -7 Agenda Item No, 8A January 23, 2007 Page 33 of 69 HOMES OF ISLANDIA A RESIDENTIAL PLANNED UNIT DEVELOPMENT ORIGINAL DOCUMENT DATE 03/01/06 REVISION DATE 11108/06 DATE FILED DATE REVIEWED BY CCPC 11/02/06 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" RECEIVED Agenda Item No. 8A January 23, 2007 Page 34 of 69 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE i STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II LOW DENSITY RESIDENTIAL AREA PLAN SECTION III COMMONS AREA PLAN SECTION IV CONSERVATION /PRESERVE AREA PLAN SECTION V DEVELOPMENT COMMITMENTS AND DEVIATIONS Agenda Item No. SA January 23, 2007 Page 35 of 69 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan Agenda item No. 8A January 23, 2067 Page 36 of 69 STATEMENT OF COMPLIANCE The development of approximately 155.3 acres of property in Collier County, as a Residential Planned Unit Development to be known as HOMES OF ISLANDIA will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and accessory facilities of HOMES OF ISLANDIA 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: Residential Project 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required by Policy 5.4 of the Future Land Use Element. 2. Improvements are planned to be in compliance with the Land Development Code as set forth by the Future Land Use Element. 3. The project development will result in an efficient and economical extension of community facilities and services as required by the Future Land Use Element. 4. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The Residential Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 6. The projected gross density of 0.18 d. u, per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base Density 4.0 DU /A Traffic Congestion Area - 0.0 DU /A No Bonus requested + 0.0 DU /A Eligible Density 4.0 DU /A Proposed D�nSiiy 1 A n, "A l2 DUs / 1 3 cress 0. 8 55. acres' Agenda Item No. 8A January 23, 2007 Page 37 of 69 SECTION I Legal Description 1.1 LEGAL DESCRIPTION The subject property being 155.3 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right -of -way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.R. Book 1952, Page 2219. 1.2 PROJECT DESCRIPTION The completed project will be a private gated community consisting of a maximum of 28 residential lots and two interconnected lakes located within a common preserve.. The lots and lakes are located interior to a perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1.3 SHORT TITLE This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD." 1 -1 Agenda Item No. 8A January 23, 2007 Page 38 of 00 SECTION II LOW DENSITY RESIDENTIAL AREA PLAN 2.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract "L ", Low Density Residential, 2.2 MAXIMUM DWELLING UNITS Tract "L" 28 2.3 USES PERMITTED 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 Dwelling Unit 2. On -site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 1. Customary accessory uses and structure, including private garages. 2. Common recreation amenities, 3. Detached Guest Houses 4. Commercial Excavation 5. Retained native vegetation. 2.4 DEVELOPMENT STANDARDS A. GENERAL. All yards and set -backs shall be in relation to the individual lot boundaries, except as otherwise provided. B, MINIMUM LOT AREA: 20,000 square feet, 11 -1 Agenda Item No. 8A January 23, 2007 Page 39 of 69 C. MINIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right -of -way and shall not include the narrow driveway portion of the lot. 1. Corner Lots -100 feet 2. Interior Lots - 100 feet D. MINIMUM LOT FRONTAGE: 1. 30 feet, measured at the right -of -way line. E. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. 1. Front Yard: 50 feet from Right -of -Way, 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line, even if the lot or parcel is "T" or flag shaped. (b) If a lot or parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. F. MINIMUM FLOOR AREA: 1. 3,000 square feet 11 -2 Agenda Item No. SA January 23, 2007 Page 40 of 69 G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: 1. 10 feet H. MAXIMUM HEIGHT: 1. Principal Structure — 50 feet and 3 stories above the minimum base flood elevation. 2. Accessory Structure — 35 feet and 2 stories above the minimum base flood elevation. it -3 SECTION III COMMONS AREA PLAN 3.1. PURPOSE Agenda Item No. 3A January 23, 2007 Page 41 of 69 The purpose of this Section is to set forth the development plan and development standards for the area designed as Tract "O ", Commons Area /Conservation Area on the RPUD Master Development Plan, Exhibit "A ". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. 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. 3.2. 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. Lakes, 2. Open Spaces /Nature Preserves (Conservation Area). 3. Pedestrian and bicycle paths or other facilities constructed for purposed of access to or passage through the common areas. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 5. Commercial Excavations. B. Accessory Uses: 1. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3.3. DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. III -1 Agenda Item No. 8A January 23, 2007 Page 42 of 69 B. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. E. MAXIMUM HEIGHT: 1. Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. 111 -2 SECTION IV CONSERVATIONfPRESERVE AREA PLAN 4.1. PURPOSE Agenda Item No. 8A January 23, 2007 Page 43 of 69 Conservation /Preserve Area — The purpose is to preserve and protect native vegetation naturally functioning habitat in their natural state. 4.2. 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, subject to regional state and federal permits when required; A. Principal Uses: 1. Open Spaces /Nature Preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies. 3. Perimeter security fences or privacy walls may be eight feet high and will be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats, 4. Native vegetation landscaping. 5. Permitted mitigation activities. IV-1 Agenda Item No. 8A January 23, 2007 Page 44 of 69 SECTION V DEVELOPMENT COMMITMENTS AND DEVIATIONS 5.1 DEVELOPMENT COMMITMENTS A. DEVELOPER CONTRIBUTIONS 1. The developer shall provide a non - exclusive 50' x 50' easement at the southwest corner of their project subject to conservation preservation easement to multiple jurisdictional agencies. 5.2 DEVIATIONS A. ENGINEERING 1. Grassed slopes of 3H:1 V may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge -Fill Permits. Berms greater that 4 feet in height shall use slopes no greater that 4H:1V. B. TRANSPORTATION 1. A deviation from LDC requirements for RPUD annual monitoring reports, The developer in lieu of paying for annual traffic counts at the project accesses, shall make a single payment in the amount of $3,600 to mitigate the need for annual counts, V -1 loco v o �i Ln N "t N cz C6 J a C C 7?= m Arm AF- CL 5� 7Z 0 N �5 z 0 H U 0 m 0 a N Q D D a al 00 Io a� :t 3 m+Ynavwe xomoo � gz rj4!L 3`ff1 "fYBtl m •'J6 N *f y� ]H � 2 a MM carve AU610D 111666 e C 0LY19 OC�M CL 5� 7Z 0 N �5 z 0 H U 0 m 0 a N Q D D a al Agenda Item No. 8A January 23, 2007 Page 46 of 69 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, TI•IE 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 CLUB ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM THE CLUB ESTATES PUD, REDUCING THE NUMBER OF ALLOWABLE DWELLING UNITS FROM 49 TO 28, REMOVING A RECREATION TRACT AND THE REQUIREMENT FOR A COMMON TRASH COLLECTION AREA, THE SUBJECT PROPERTY IS 155.3± ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY I MILE NORTH OF RATTLESNAKE - HAMMOCK ROAD (C.R, 864) IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NTTMBER 99 -31, THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, of Planning Development Inc., representing The Club Estates 11, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, NOW, THEREFORE, BE IT ORDAINED BY TI•IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD), in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. Tire appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, islare hereby amended accord ugly. SECTION TWO: Ordinance Number 99 -31, known as the Club Estates PUD, adopted on May 11, 1999 by the Board of County Coninussioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 Agenda Item No. 8A January 23, 2007 Page 47 of E9 PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, this day of 2007. ATTEST: BOARD OF COUNTY COMNUSSIONERS DWIGHT E. BROCK, CLERK COI L]ER COUNTY, FLORIDA BY: Deputy Clerk JIM COLETTA, CHAIRMAN Approved as to form and legal sufficiency 'V' `"`acjorie M. Student - Stirling Assistant County Attorney PUnA- 2006 -A R- 9576/M Z Page 2 of 2 FROM: HEARING DATE SUBJECT: Agenda Item No. 8A January 23, 2007 Page 48 of 69 Co*&r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOVEMBER 2, 2006 PETITION PUDA- 2006 -AR -9576, HOMES OF ISLANDIA RPUD COMPANION ITEM: PETITION PUDZ -A- 2006 -AR -9021 LASIP OWNER: The Club Estates II, LLC 203' ) Trade Center Way Naples, FL 34109 AGENT: Planning Development Incorporated Michael R. Fernandez, AICP 5133 Castello Drive Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The reason for this rezone is the County purchase a portion of the original PUD to be utilized as a conservation area for Lely Area Storm Water Management ( LASIP) Community Facility Planned Unit Development the companion item to this petitic;n. GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR -951), one mile north of Rattlesnake - Hammock Road in Section 10, Township 50 South, Range 26 East. Collier County, Florida. (See attached location map on the following page) PUDA- 2006 -AR -95 /6 Homes of Islandia RPUD Page 1 of 6 November 2, 2006 CCPC Hearing Agenda item No. 8A January 23, 2007 Page 49 of 69 To be switched out for Location Map PURPOSE/DESCRIPTION OF PROJECT: PUDA- 2006 -AR -9576 Homes of Isiandia RPUD November 2, 2006 CCPC Hearing Page 2 of 6 Agenda Item No. 8A yJanuary 23, 2007 Page 50 of 69 The proposed amendment intent is to remove the southerly 99± acres from the parcel as well as reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28 residential units. The amendment as well will change the name from The Club Estates to Homes of Islandia. The amendment is also proposing to remove a recreational "Tract T" of The Club Estates which permitted tennis courts, shuffle board courts, swimming pools and other types of facilities intended for outdoor recreation. The last modification to remove a "Tract T1" which is designated for a common refuse collection site which is no longer required since the homes are individually served by the local service provider. The remaining 155± acre subject site has been platted along with associated perimeter road, utilities and drainage improvements have been completed. The twenty -eight single - family lots have been cleared and a number of the lots are under construction with some homes built. The proposed rezoning to RPUD will not change the residential land use and therefore will remain consistent with the GMP and LDC. SURROUNDING LAND USE AND ZONING: Subject Parcel: The Club Estates PUD, zoned PUD Surrounding- North: Naples National Golf Club, zoned PUD South: Naples Lakes Country Club (maximum 731 units), zoned PUD East: Vacant, zoned Agriculture (A) West: Naples Heritage Golf and Country Club (maximum 799 units), zoned PUD f j PUD PUD �� ,� w — S,anrll�4RttdJ PUD ^ PAPLESMTLGOZFGZUB _. MPZESHEF ITAGEGOLFAVDODUA17f?rOLUB — j!I PUD I! , _ < PUD �+ PU IDr Pub ? -- _ u L1 77 CJ' 7 LJ rn U 4 CZUB E"TATES (PUD I aLJ»EsTATES DR —� — - - =_ -- — PU D. A� PUD iq ERROMWFkR 13;R N a PUD uIIit1Li:• s _ �,. :PUD PU D� NSF ,PPZES LIKES 0.�L"Ar"P'r'C�iJ° fi'RSTA: Sl`.A fw7. EAJ. & REhAB. GROWTH MANAGEMENT PLAN CONSISTENCY: PUDA- 2006 -AR -9576 Homes of islandia RPUD November 2, _2006 CCPC Hearing Page 3 of 6 Agenda Item No. 8A January 23, 2007 Page 51 of 69 The subject property is within the Urban Residential Sub - District, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Density Rating allows 4 dwelling units per acre (DU /A) for this site, greater than the .18 units per acre density sought by the amendment. Future Land Use Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. Base Density Traffic Congestion Area - No Bonus requested + Eligible Density Proposed Density 4 DU /A 1 DU /A 0 DU /A 4 DU /A .18 DU /A (28 DUs /155.3 acres) CONCLUSION: Based on the above analysis, the proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. The RPUD does not add any new density or increase project traffic on the County roadway network and is a companion item for the LASIP CFPUD. The petition is being sponsored in part to establish the LASIP CFPUD and is removing a portion of the preservation and LASIP area from the PUD. In addition: The developer is responsible for any improvements to the roadway improvements as identified on the Collier Boulevard (CR -951) capital project that benefit this property. Also the developer is responsible for any noise abatement adjacent to the CR -951 capital project. Commons Area/Conservation Area: The RPUD provides a public open -space component with the principal uses as lakes and green- space. No building or structures shall be erected in the designated "Tract O" Commons Area/Conservation Area on the Master Plan Exhibit A of the RPUD document. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. 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 as Exhibit "A" and Exhibit `B ". Environmental Analvsis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the RPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC did not hear this petition because the land has been previously disturbed. PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 4 of 6 Agenda Item No. 8A January 23, 2007 Page 52 of E9 Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: Not objection. This PUD Amendment does not impact the utilities provision; no additional utilities are required or proposed Zoning and Land Development Review Analysis: The proposed amendment to RPUD is consistent with the GMP and LDC since the surrounding property is residential land uses. Based on staff's review of the adjacent existing and anticipated land uses, the proposed RPUD is compatible. Currently, the surrounding neighborhood is zoned PUD and developed with single - family and multi- family homes. As depicted on the conceptual Master Plan (Exhibit "A" of the RPUD document) the only access to the project is from Collier Boulevard (CR -951). The surrounding neighborhood is zoned PUD and developed with single - family and multi - family homes, much of which is developed. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM at the Edison College, Conference Room J -103, at 5:30 p.m. Approximately seven (7) people attended, including the applicant's team and county staff. The two residents who attended the meeting did not object to the petitioners request to amend the PUD. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDA - 2006 -AR -9576 Homes of Islandia RPUD with the following conditions. 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) pen-nit to comply with the Lely Area Stornlwater Improvement Project (LASIP). The water management facilities and permits needs to comply with the 9.4' NGVD elevation of the new regional weir proposed and pennitted in LASIP. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" — Rezone Findings Exhibit "B" — PUD Findings PREPARED BY: PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 5 of 6 Agenda Item No. 8A January 23, 2007 Page 53 of 69 MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PU-DA- 2006 -AR -976 Homes of Islandia RPUD Page 6 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8A January 23. 2007 Page 54 of 60 EXHIBIT "B" FINDINGS FOR PUD PUDZ -A- 2006 -AR- 9021 Section 10.02.13 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. Pro: The proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by residential and the proposed amendment is also residential. Findings: The proposed change decreases density but keeps the land use of residential. The petition will be compliance with all county regulations; therefore the project is suitable for the area. 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. Pro: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas. Con: None Findings: Documents submitted with the Homes of Islandia RPUD application provide evidence of unified control. The RPUD 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). Pro: Staff has reviewed the petition and provided an analysis of the rezone amendment and found the proposed rezone is consistent with the Growth Management Plan (GMP). Con: None PUTDH -2006- Hit -9576 Homes of Isiandia RPUD November 2, 2006 CCPC Hearing Page I of 3 Agenda Item No. 8A January 23, 2007 Page 55 of 69 Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 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. Pro: The proposed amendment is a boundary revision to The Club Estates PUD. The amendment also requests a change in the PUD name to Homes of Islandia. Majority of the buffering requirements have already been incorporated. Con: Since the majority of the property has been incorporated staff can not re- evaluate the project until another amendment application is submitted to the county. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of open space set aside is consistent with the provisions of the Land Development Code (LDC) and the GMP. Con: None Findings: The ninety -eight (98) acres of Conservation area and lakes 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. Pro: The property is currently under development and has gone through concurrency. Con: None Findings: The proposed RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the RPUD as a result the subject property will not increase traffic or add adverse impacts to other public facilities. PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 2 of 3 Agenda Item No. 6A January 23, 2007 Page 56 of 69 Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. 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 nleeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Homes of Islandia RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. PUDA- 2006 -AR -95 76 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 3 of 3 Agenda Item No. 8A January 23, 2007 REZONE FINDINGS Page 57 of 69 PETITION PUDA- 2006 -AR -9576 Homes of Islandia Chapter 10.03.05.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. Pro: The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). Con: None Findings: Based on the staff's review the proposed change would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) and the Land Development Code (LDC). Since the current PUD is approved for forty -nine (49) residential units and the requested action is to lower the density to twenty -eight (28) dwelling units the goals and objective of the GMP will remain. 2. The existing land use pattern; Pro: This project will be consistent with the existing and proposed land use patterns as explained in the staff report. Con: None Findings: The decrease of density of residential units is deemed acceptable for this site because the amendment complies with the GMP and LDC requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is determined by topography and inadequate public facilities. Since the current PUD already provides adequate public facilities the amendment will not create an isolated district. Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment is for a residential district which is compatible with the adjacent and nearby zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The requested action will not change the subject site in relation to the nearby residential boundaries. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 1 of 5 Agenda Item No. 8A January 23, 2907 Page 58 of 69 Con: None Findings: The residential parcel boundaries are logically drawn and they are consistent with the Urban Residential Sub - District, as identified on the Future Land Use Map of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request reasonable because is does not change the land use which continue to be in harmony with the surrounding area. Con: The proposed rezone amendment is not obligatory at this location. Findin!s: The rezone amendment is necessary, because the project supports the LASIP CFPUD by removing a portion of their land in order to increase the preservation within the neighboring area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezone amendment should not adversely influence living conditions in the neighborhood as the petition is consistent with existing uses and compatible with surrounding residential land use. Con: None Findings: The development standards and landscaping requirements contained in the LDC are intended to alleviate any adverse impact to the living conditions in this neighborhood if the proposed rezoning amendment 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. Pro: The rezoning should not create excessive traffic congestion or otherwise affect public safety as the GMP requires adequate access to and from the project and the effect on pedestrian and vehicular circulation and safety. Con: None Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon the petition does not increase traffic on county roadways. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Paae 2 of 5 Agenda Item No. 8A January 23, 2007 8. Whether the proposed change will create a drainage problem; Page 59 of 69 Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: The project is a companion item to the LASIP CFPUD which is being proposed to alleviate drainage problems throughout the Lely Area Stormwater district. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: All development has to adhere to the LDC which ensures land -use designs that meet these goals. Con: None Findings: 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; Pro: The proposed change should not alter the property values nor should it decrease or overtax the load on public facilities. Con: None Findings: Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a residential zoning designation should not affect value because the surrounding area is also residential zoning. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro: The LDC's criteria for review of each land use application to allow Planning Commission and Board of Commissioners to follow standardized review process which requires consistency of the GMP. Con: None Findings: The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone amendment is approved. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 3 of 5 12. 13. 14 15. Agenda Item No. 8A January 23. 2007 Whether the proposed change will constitute a grant of special privilegeat@ Hof 69 individual owner as contrasting with the public welfare; Pro: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity in which the property is situated. Con: None Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The proposed rezone amendment conforms to the future land use element of the GMP because it will be used in accordance with the existing residential zoning. Con: None Findings: The property is currently a partially developed residential Planned Unit Development designation, which under the current zoning designation; the property could be developed with up to 49 residential home sites, subject to compliance with the LDC requirements. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. Con: None Findings: The proposed rezone amendment is designed in a manner that is compatible with surrounding property in size and scale. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: The proposed RPUD is consistent with the FLUM because it is in the Urban Residential Subdistrict. Con: None Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Pa-e 4 of 5 Agenda Item No. 8A January 23, 2007 16. The physical characteristics of the property and the degree of site alteratiorF;khof 69 would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: The land use pattern should accommodate carefully planned levels of development, protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of land, encourage alternative modes of transportation and help to maintain a sense of community. Con: None Findings: While site conditions may restrict the location and square- footage of the homes it 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. Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. Con: The GMP encourages but does not require the synchronizing of development with the availability of public facilities needed to support that development. Findings: A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and found it consistent with all Elements of the GMP. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 5 of 5 Nov 13 06 03:44p Fipple Development Corp. 941 - 566 -1719 p Agenda item No. $� SENT 6Y: PLANNING DEVELOPMENT; 12392636991; NOV•i3.06 3:16PM; IoEgy�r 2,3 2007 �`a S2 of 69 LETTER OF AUTHORIZATION lire undersigned do hereby .,zwear or snarl that they, along with the entities known as The Club Fstates, LC and The Club 1 Stales Il, LLC are the fee simple title holders and owners of record and / or have unified control of the properly currently known as The Club Esraics PUD and pr posed to be named Homes ofIsAandia RPUD and IcPally descrtbed = follows: THE SUBJECT PROPER7T BEING 155.3 .1 ACRES IS DESCRIBED AS.- THE CLUB ESTATE SUBDIVISION, ACCORDING TO 7HE PLAT THEREOF RECORDED IN PL,,1T BOOK 31, PAGES 78 THROUGH 80. INCLUSIVE, A)VD 71JE RBPLAT THEREOF RECORDED IN PLAT BOOR 33, PACF,5 M 7`HJZOUGH 60, INCLUSIVE, ALL OF THE PUBLIC RECORM OF COLLIER COUN7Y. FLORMA. The propcity described herein is the subjccl of an application for a Planned Unit Development (PUD) Amendment, subsequent development orders and PUD monitoring reports within Collier County_ We hereby designate Plaanine DOI opment Incorporated /Michael R Fervrarrde& AICP as ft legal representative of the property and as such, this individual is authorized to legally bind all owners of the pmperty in the course of scrking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and atithori2ing of agents to assist in the preparation of applications, plans, surveys, and snuUcs necessary to obtain development orders / permits from Collier County, Florida Power & Light (FPL), Florida Department of Transportation WWI), South Florida Water Management District (SF WMD), U.S. Army Corps of Engin=rs (ACOE) and/or Mon �e,,cnt of Environmenttal Protection (17DEP). Som, "lime Warner, Comcast, TECO aiisdic e�ncics Stanley V, Ric s President / Vic President Homes of lslandia Homeowner's Association, Inc STATE OF hLVKIDA COUNTY OF COLLIER Swom lu (or ed) and subscribed before m �dup oA , 2M by is rso _ rrt o penally known 'to me o who has produced as identificati: _ Notary Public SEAL My Commission Expires: 04 0 3 j o'? _ 1 t if -LF-r Nan» rypcd, prinmd or ..%I=pcd ,,•, P1IMEEA B1RlEi Notary ft bllc - M10 of Fto�idQ 7'. WCOmMKWnB¢] MApr3,2007 t Commk31on # DDt 44350 Bonded By NotionofrrotaryAw, Agenda Item No. 8A January 23, 2007 Page 63 of 69 COLLIER COUNTY GOVERNMENT REAL ESTATE SERVICES March 14, 2006 Homes of Islandia Homeowners Association c/o Teri Fernandez Planning Development Inc 5133 Castello Dr Suite 2 Naples, FL 34103 RE: Collier Blvd. Water Main Project 70151/70152 Dear Ms. Fernandez: 3301 E. TAMLkMI TRAIL W. HARMON TURNER BLDG NAPLES, FL 34112 PHONE (239) 732-2622 FAX (239) 774-8876 With respect to the above referenced matter, please find enclosed the following items for your files: 1. Copy of the recorded Temporary Construction Easement; 2. Copy of the Temporary Construction Easement Agreement; 3. Copy of the "Gap" Affidavit; 4. Copy of the Closing Statement; 5. Copy of W-9 Form; and, 6. Check Number 722836 in the amount of $4,400.00. It was a pleasure working with you on this transaction. I sincerely appreciate all of your cooperation and. understanding. If you have any questions, please feel free to contact me at (239) 732-2622. Sincerely, Sharman Veger, Property Acquisition Specialist Real Estate Services enclosures as stated PROJECT: Collier Boulevard Water Main Project 70151170152 PARCEL NO.: 17T FOLIO: 26123000026 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this day of _2006 , H by Homes of Islandia Homeowner's Association, Inc., whose mailing address is 4443 Club Estates Drive, Naples, FL 34112, (hereinafter referred to as "Grantor "), and the BOARD �> OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING S BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE A COLLIER COUNTY WATER -SEWER DISTRICT, Its successors and assigns, whose mailing address Is 3301 East Tamiaml Trail, Naples, Florida 34112, (hereinafter referred to as 'Grantee'). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) W ITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Temporary Construction Easement Is granted for the express purpose of providing Grantee temporary access to Grantor's lands for the purpose of excavating, placing, operating, removing and storing material and equipment during the construction and Installation of public improvements on lands adjacent thereto. This Easement shall expire on December 31, 2009, or upon completion of the improvements, whichever occurs first. Grantee shall restore the surface of the Easement Area after construction has been completed. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Witness Signature) Name: tit (Print or Type) C Q O— UcAi:0, (` `ontu Witness (Signature) Name: C 10- u 6; c. �ibeL< (Print or Type) STATE OF °"J4' COUNTY OF I► Homes landia Homeowner's A lion, Inc. Na7Tie, Pr siden Ice Press ant) (Print Name) 14 is to fora k legal sufficiency 1 Assistant County Attorney c Ellin T. Chadwefl ,2!r,The foregoing Temporary Construction Easement was a knowledged before me this tQ' day of , 2006 by _�� c 5" (Name, PresidentW4l� President, on behal of Ho es of Islandia Homeo> er's Association, Inc., who is personagx-- known to me or wbo4ies-produced_ _ as idantifiratinn (affix notarial seal) E c (Sign re of otary ublic) DANIEL o. PECK —t--' ��'� "�• z No3wiy Public . Stofu or flo,ldo (Pant Name of Notary Public) E r ,_ E *BSf1ox1.2an NOTARY PUBLIC o ' : Comminslon # DO37r710 Seria!/Commission ; : if an "" 8ondedBytlollonolNafo q,_n , ( y) " M} Commission Expires: a THIS CONVEYA r THE BOARD OF COl1 M C01 0113S ice. COLLIER COUNTY, FLORIDA. TCE 3 PURSUANT T� AGENDA. T naTCn. G +', .-ii C TTe+� YIL I V I �a �a Q c...a m P Q.1 w O m� w o m�- ..ow 0 n �m cs+ m Agenda Item No. 8A January 23, 2007 Page 64 of 60 IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this ^ t day of r_Q ILI � .2006, Date Property acquisition approved by BCC: May 24, 2005 Resolution No.: 2005-200/CWS 2005-03 AS TO PURCHASER: DATED: ;) - (,a - o L., ATTEST: DWIGHT E. BROCK, Clerk /TIN. A41 U .. R. Attest: Iz I patwe only. AS TO OWNER: DATED: —A I Gt -76 Witness (Signature) Name: (Print or Type) Witness (Signature) Name: C,_\o.ucx:a O-oC�L-• (Print or Type) Approved as to form and legal sufficiency: //Z— v A Ellen T. Chadweil Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: raF k Halas, Chairman Homes of Islandia Homeo s, Associat* I (Nime,Presib entice "Oresident) (Print Narhe) 4443 Club Estates Drive Naples, FL 34112 Agenda Item No. 8A January 23, 2007 Page 65 of 69 associated with the making of these representations contained herein or County's reliance upon these representations. 19. The interest to be conveyed Is fee simple or easement to County, subject to any conditions, limitations, declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance commitment, abstract previously furnished, or a title opinion stating the interest to be received by County. Dated: 6 2046 Homes of Witness (Signature) Associatic Name: S v M . (Print or type) Witness Signature Name: (Print or Type) STATE OF fIst�'` COUNTY OF CQlf �— iden"ice President) (Print N me) Address: 4443 Club Estates Drive . Naples, FL 34112 Tax Identification #: I'-I - I!�a`t St-? 2 1, �� ✓y7 St worn to and subscribed before me this � V day of 2006 by ' (Name, President/ Vice-PfeeiUCnt), on behalf of Homes of Islandia Homeowner's Association nc. He is personally known to me or'Fiff�uced as id5nriRcation. WITNESS my hand and official seal this & day of �� 2006. (affix notarial sea[) �' .: J pez- (Signature o Nota Pu lic) > `P � 1& 4 (Print Name of Notary Public) NOTARY PUBLIC SeriaYCcmmission #: (if any)_ My Commission Expires: _ L-11EL D .PECK :y Publlc - Slate of R011d Comrntislon N pa 3 7 1 7 1 0 B11 nded By NatlonatlJOlary Au Agenda Item No. 8A January 23, 2007 Page 66 of 69 CLOSING STATEMENT CLOSING DATE: —~BUYER`BOARDOF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ASTHE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER m�r�/rr --'''—' ' G�LBRS SI8 (Name, Pr iden0rice President) (Print Na6e) Agenda Item No. 8A January 23.2OO7 �r f r o D 'r � ' ATTORNEY: tilen T. Chadwell, Assistant County Attorney SELLER: Homes of IslandioHomncwver'o Association, Inc. TIN#: LEGAL DESCRIPTION See Exhibit ^A~ attached hereto and made a part hereof. Dapos|L.-----.---------..--..--'.....—..--......'.'.--- $ � Cashe8 Closing ............................ ........................................................... $ ' CHARGES & EXPENSES Charge Seller Charge Buyer AO VALOREM PROPERTY TAXES: Based uno0____ taxes of $________ $________x/8e5 days = $ $ lB]ORDIN8: IndexingFee ................................... ..................................... $ $ Access Easement ...................... ( ..................... $ $ Utility Easement ------ < ..................... $ $ TG['.--------'--( pages) ...................... $ $ 27.00 Other..................................... pages) ...................... $ $ REVENUE &TAXATION: State Stamps on Easement ....................... ................ ........ $ State Stamps onTCE --------'-----'----' $ Other..—_'.'_--''.--.—..—_--------.—.—.. $ $ TOTAL CHARGES ' ---------- $ --------� $ RECAPITULATION Gross Cash to 8eUec---.— $4,400J0 Purchase Price ...................... $4,400l0 Less Charges 8oSeller .............. $ Plus Buyer's Charges ---.— $ 27-00 Less $ Less Deposit .......................... � $ / Pkas8eller'o Credits ................. Less Deferred Costs .............. $ � Less Buyer's Credits .............. � Net CeohmSeMec --'--- $4,400l0 Cash tuClose ........................ $4,42700 ` � Disbursements: � ! County Clerk .......................... $ 27.00 Attorney ................................. � ' TaxQol|ootor .-------- $ | . GeUec'.----------. $ 4,400.00 _~ Other ........ .......... ............. ... $ . TDTAL----------- * *�42710 _ ____ PROJECT: Collier Boulevard Water Main Project 70151/70152 PARCEL: 17T FOLIO: 26123000026 FORM W -9- REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION YOU ARE REQUIRED BY LAW TO PROVIDE COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, WITH YOUR CORRECT TAXPAYER IDENTIFICATION NUMBER (TIN). IF YOU DO NOT PROVIDE COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, WITH YOUR TAXPAYER IDENTIFICATION NUMBER, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IMPOSED BY LAW. Printed Name: Homes of Islandia Homeowner's Association, Inc Street Address: 4443 Club Estates Drive City, State & Zip Code: Naples, FL 34112 Taxpayer Identification Number: Please enter your taxpayer identification number on the appropriate line: Employer Identification Number: —�rJr` jt-i — ig ags-7a Under penaltie of perjury, 1 certify that the number shown on this statement is my correct taxpayer n ication number (or I am waiting for a number to be issued to me). If you are awaiIX axpayer/-Ce�tIgcabon j=bj�P, you will have sixty (60) days to obtain a TIN and ZgAKtur9,1JName,Pfesident1 Vice President) Date:' on behal f Homes of Islandia Homeowner's Association, Inc. [The above signature should be that of the person authorized to utilize the TIN Number above) Allocation of the gross proceeds: % or $ 9, 1 °�) If the gross proceeds of this sale will be allocated among several individuals, please complete the following information: (Please use additional sheets if necessary). 1. Individual's Name:_ Individual's Address: Street Address City, State and Zip Code Allocation of the gross proceeds: _ % or $ TIN Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number (or I am waiting for a number to be issued to me). If you are awaiting a taxpayer identification number, you will have sixty (60) days to obtain a TIN and furnish to this department. Signature: Date: rrhe above signature should be that of the person authorized to utilize the TIN Number above) 2. Individual's Name:_ Individual's Address: Street Address City, State and Zip Code Allocation of the gross proceeds: or $ TIN tr Benda Item No. 8A January 23, 2007 Page 68 of 69 +i j r i Agenda Item No. 8A January 23, 2007 Page 69 of 69 (rock m From: ZoneMelissa Sent: Wednesday, December 06, 2006 4:13 PM To: 'Susan Fariz'; bellows_r; brock m; CarrelDanelle; filson_s; johnson_c; martin—c; 'minutes and records'; phillips s; SandersBob Cc: 'Fred Reischl'; wiley_r, kurtz _g; GianfrancoNicolaci; PDIMRF @aol.com; PDITFF @aol.com; bellows—r; SchmittJoseph; murray_s; CaudillScottTrinity Subject: RE: Homes of Islandia (PUDA- 2006 -AR -9576) The applicant for PUDA- 2006 -AR -9576 Homes of Islandia has requested a continuance for the public hearing schedule for December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reischl for the county as well as Trinity Caudil -Scott in Transportation and they agreed that their companion item should also be continued. That petition is PUDZ -A- 2006 -AR -9021 LASIP. As soon as a new hearing date has been determined I will contact everyone on the list. Thank you Melissa zone Principal Planner Department of Zoning & Land Development Review 2100 N. Horseshoe Dr. Naples, FL 33104 239- 213 -2968 From: Susan Fariz [mallto: pdismf @aol.com] Sent: Wednesday, December 06, 2006 2:46 PM To: ZoneMelissa; bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s; SandersBob Cc: 'Fred Reischl'; wiley_r; kurtz_g; GianfrancoNicolaci; PDIMRF @aol.com; PDITFF @aol.com Subject: Homes of Islandia (PUDA - 2006 -AR -9576) Good aftemoon, all. Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA- 06 -AR- 9576). This petition is currently scheduled for the December 12, 2006 BCC meeting. Thank you. Sincerely yours, Susan N. Fariz Project Coordinator PLANNING DEVELOPMENT INCORPORATED Development Consultants, Civil Engineers, Planners and Landscape Architects 5133 Castello Drive, Naples, Florida 34103 P 239.263.6934 F 239.263.6981 12/6/2006 Agenda Item No. 8B January 23, 2007 Page 1 of 260 SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDZ -A- 2006 -AR -9021 Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a Planned Unit Development (PUD) to PUD Rezone (The Club Estates) to a Community Facilities Planned Unit Development (CFPUD) to be known as the Lely Area Stormwater Improvement Project (LASIP). The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a passive recreation use and stormwater management facilities. The subject property is located along Collier Boulevard (CR -951), south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDA- 2006 -AR -9576 Homes of Islandia OBJECTIVE: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to a new PUD to be known as the Lely Area Stormwater Project (LASIP) Community Facilities Planned Unit Development (CFPUD). CONSIDERATIONS: This supplemental to the Executive Summary is to clarify the intent of petition PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD which is a companion item to PUDA -2006- AR -9576 Homes of Islandia. Both petitions are separating The Club Estates (Ordinance 99 -31) into two PUD's. The petitioner for LASIP Conservation CFPUD is establishing the zoning for the mitigation area for the LASIP CFPUD as required as a part of the Federal permit and to provide for a passive park for the residents of Collier County. The proposed CFPUD rezones the 99.3 acres from the Club Estates PUD and designates the proposed CFPUD as a mitigation area preserve as mandated by the Corps' Section 404 environmental resource permit that was issued for the LASIP. The impacts of the construction of the Lely Area Stormwater Improvement Project's surface water management system are being mitigated by 109.3 acres of preserve areas. The Corps issued a permit to discharge 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate 128.324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. To allow the construction, the permittee (county) had to off -set the impacts by purchasing mitigation land, for that reason the county bought the 99.3 acres which is the proposed LASIP CFPUD. The LASIP CFPUD is 99.3 acres of the mitigating area. The other 10 acres is just northwest of the PUD adjacent to the airpark landing strip. Conditions of the permit are: the natural preserve areas shall not be disturbed by any dredging, filling, clearing, agricultural activities, planting or any other construction work except as necessary to comply with the exotic removal and supplemental plantings. The Master Plan depicts a 400 square foot picnic area and 400 square foot observation deck which will both be situated near the entrance of the park. The hours of operation for PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 1 of 2 Agenda Item No. 813 January 23, 2007 Page 2 of 260 the park will be noted on a sign that will state the park will be open at dawn and closed at dusk and that no overnight sleeping or camping is allowed. The park will also have a gate across the entrance to prevent access to the park when it is closed. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the amendment by a vote of 7 -1. The motion included the following stipulations: 1. The proposed trail or walkway has a minimum set -back from the property line of fifty (50) feet. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ -A- 2006 -AR -9021 Lely Area Stormwater Improvement Project (LASIP) CFPUD subject to the CCPC's stipulation noted above. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 2 Agenda Item No. 8B January 23, 2007 Page 3 of 2660 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ., Item Number: BB Item Summary: This item to be heard following Companion Item 8A PUDA- 2006 -AR -9576 Homes of Islandia RPUD. This item was continued from the November 28, 2006 3CC meeting and the December ',2, 2006 BCC meeting. This item requires that all participants be sworn in and ex pane disclosure be provided by Commission members. PUDZ -A- 2005 -AR -9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred RelScnI. AICP. of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP Conservation Area) The CFPUD is currently part of The Club Estates PUC, . That PUD is being amended concurrenity to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement. Tne proposed uses include restoration protection and preservation of native vegetative communities and wildlife habitat, a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East. Collier County, Florida. (Companion to Item BA PUDA - 2006 -AR -9576 Homes of IslandiM. Meeting Date: 1123/2007 9:00.00 AM Prepared By Melissa Zone Principal Planner Date Community Development 8 Zoning 8 Land Development Review 11/15!2006 11:13:33 AM Environmental Services Approved By Marjorie M. Student- Stirling Assistant County Attorney Date County Attorney County Attorney Office 121112006 6:33 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 12W2006 12; t5 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 72!4;200& 3:16 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Date Admmistrative Services Information Technology 1.21512006 8:09 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1215;2006 10:06 AM .Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1215/2006 7:12 PM Commissioners Agenda Item No. 88 January 23, 2007 Page 4 of 260 EXECUTIVE SUMMARY Petition: PUDZ-A- 2006 -AR -9021 Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a Planned Unit Development (PUD) to PUD Rezone (The Club Estates) to a Community Facilities Planned Unit Development (CFPUD) to be known as the Lely Area Stormwater Improvement Project (LASIP). The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a passive recreation use and stormwater management facilities. The subject property is located along Collier Boulevard (CR -951), south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDA- 2006 -AR -9576 OBJECTIVE: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to a new PUD to be known as the Lely Area Stormwater Project (LASIP) Community Facilities Planned Unit Development (CFPUD). CONSIDERATIONS: The proposed PUD to CFPUD is to remove the southerly 99.3 acres from The Club Estates PUD to be used for a conservation /preservation area, utilize the parcel as a passive recreational park and to enhance the 99.3 acre parcel as mitigation for impacts associated with the construction of the Lely Area Stormwater Improvement Project (LASIP). This enhancement consists of the initial treatment of exotics, supplemental planting of selected wetland areas, and long term maintenance. The rezone will restore, protect and preserve the native vegetative communities and wildlife habitat and allow visitors to enjoy the area. In addition to the preservation of native vegetation and wildlife the principal use will be for stonmwater management. The LASIP Conservation area is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The proposed amendment to CFPUD is consistent with the GMP and LDC and is suitable to the surrounding residential properties. The rezone will not add additional density and is compatible with the development in the vicinity. Existing and authorized land uses in the vicinity of the site are single - family and multi - family residential and the uses immediately adjacent to the site are single- family residential as are the proposed Homes of Islandia RPUD which is the companion item to this petition. The rezone will not adversely affect the health, safety and general welfare of the citizens of Collier County. PUDZ -A- 2006 -AR -9021 LASIP CFPUD Pa-e 1 of Agenda Item No. 813 January 23, 2007 Page 5 of 260 Growth Management Plan Impact (GMP): Future Land Use Element: The subject property is designated Conservation, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The conservation and passive recreation uses afforded within the proposed PUD are permitted within the Urban Residential Sub - District. The proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and found it consistent with the Transportation Element of the GMP. LASIP does not add density or increase AM or PM traffic on the County roadway network and is a companion item for the Homes of Islandia PUD. The application does reflect the ability to add a passive park with limited access and parking. This would result in de minimus off peak trips. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the CFPUD Document and for this reason the rezone is consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC): The EAC did not hear this petition because the land will be used for a conservation easement. FISCAL IMPACT: This PUD to PUD rezone 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. 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 identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer systems. Please note that impact fees collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.02.13 and 10.03.05 of the LDC. The evaluation is completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 5 Agenda item No. 88 January 23, 2007 Page 6 of 260 • 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. Pro: The proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because the project is surrounded by residential and the proposed rezone to a community facility land use is compatible with residential land use. Findings: The proposed change decreases density and the LASIP CFPUD will be in compliance with all county regulations; therefore the project is suitable for the area. • 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. Pro: The proposed rezone CFPUD document incorporated design and buffering requirements. Additional buffering requirements might be incorporated during the development order process. Con: None. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. • The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the neighborhood and as a result the subject property will not increase traffic or add adverse impacts to other public facilities. Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. • Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary; it is being requested to mitigate water management for the Lel_y Area Stormwater Improvement Project in compliance with the Army Corps of Engineers and the South Florida Water Management District permit requirements. Con: None. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the GMP is positive. PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 3 of 5 Agenda Item No. 8B January 23, 2007 Page 7 of 260 • Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed change will not adversely influence living conditions in the neighborhood because the recommended land use will not alter the other conditions for approval and should ensure the least amount of adverse impact on adjacent and nearby developments. Con: The adjacent and surrounding property owners may perceive that the addition of a public park will encourage people to loiter after the park closes. Findings: The proposed LASIP CFPUD is compatible with adjacent land uses due to the similarities that should be realized between the surrounding residential uses and the proposed community facility use. No density is proposed and the types of noise related to a passive park should not be offensive. • 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. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP. This project will not generate significant traffic impacts therefore, approval of this project would be deemed compatible with surrounding land uses and will not affect the public safety. Con: The adjacent and surrounding property owners may perceive that the addition of a public park with five parking spaces could adversely impact traffic flow on Collier Boulevard (CR -951) even though staff from the Transportation Division deemed the petition consistent. Findings: The rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the amendment by a vote of 7 -1. The motion included the following stipulations: 1. The proposed trail or walkway has a minimum set -back from the property line of fifty (50) feet. PUDZ -A- 2006 -AR -9021 LAW CFPUD Page 4 of 5 Agenda Item No. 813 January 23, 2007 Page 8 of 260 STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ -A- 2006 -AR -9021 Lely Area Stormwater Improvement Project (LASIP) CFPUD subject to the CCPC's stipulation noted above. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 5 of 5 ca r o C) co O N -0 M N O O L O) cc CD TN= cLL 1QN / CL z z. ofN z O U O 0 0 N N O 0.. Z O H E- W a F 41F6 ^Z O � 4 O O ¢ a O J k �y Rig AYY3LYD 18f3 q �Ci axYnamoe isrriro � L9l Y'J �7Sz.f {j� � �ffi iYH46 0 �� N y g9 ��p1 �� 3 UJC7tl WiK A11d70D � S _3A SF � mG�81�i1F1Y. CL z z. ofN z O U O 0 0 N N O 0.. Z O H E- W Agenda Item No. 8B January 23, 2007 Page 10 of 260 ORDINANCE NO. 07- 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, AS AMENDED, 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 THE CLUB ESTATES PUD TO LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP) CONSERVATION AREA COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD). THE SITE IS FOR PRESERVE, WATER MANAGEMENT AND PASSIVE RECREATIONAL USES FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (951), SOUTH OF CLUB ESTATES DRIVE AND NORTH OF NAPLES LAKES COUNTRY CLUB, IN SECTION 15, TOWNSHLP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 99.3 ACRES; PROVIDING FOR THB REPEAL OF ORDINANCE NUMBER 99 -31, THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEIZFAS, Fred Reischl, AICP of Agnoli, Barber & Brundage, Inc., representing the Collier County Transportation Division, 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 15, Township 50 South, Range 26 East, Collier County, Florida, is changed from The Club Estates PUD to LAS1P Conservation Area Community Facilities Planned Unit Development (CF-PUD), 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 or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, as amended, Ware hereby amended accordingly, SECTION TWO: Ordinance Number 99 -31, known as The Club Estates PUD, adopted on May 1t, 1999, by the Board of County Commissioners of Collier County; is hereby repealed in its entirety. Page 1 of 2 Agenda Item No. 8B January 23, 2007 Page 11 of 260 SECTION TI-MEE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, on this _ day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk JIM COLETTA, CHAIRMAN Approved as to form and legal sufficiency W41- Marjorie M. Student- Stirling Assistant County Attorney PUDZ•A- 2006 -A a- 90217MZ Page 2 of 2 Agenda Item No. 8B January 23, 2007 Page 12 of 260 CoilIer County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 2, 2006 SUBJECT: PETITION PUDZ -A- 2006 -AR -9021, LASIP COMPANION ITEM: PUDA- 2006 -AR -9576 HOMES OF ISLANDIA OWNER: Collier County Transportation Division 2885 South Horseshoe Drive Naples, FL 34104 AGENT: Fred Reischl, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 REOUESTED ACTION: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to be known as the Lely Area Stormwater Project ( LASIP) Community Facilities Planned Unit Development (CFPUD). GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR -951), one mile north of Rattlesnake- Hammock Road in Section 10, Township 50 South, Range 26 East. Collier County, Florida. (See attached location map on the following page) To be switched out for Location Map PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 1 of 6 Agenda Item No. 8B January 23, 2007 Page 13 of 260 PURPOSE /DESCRIPTION OF PROJECT: PUDZ -A- 2006 -AR -9021 LAS1P CFPUD November 2, 2006 CCPC Hearing Page 2 of 6 Agenda Item No. 8B January 23, 2007 Page 14 of 260 The proposed amendment is to amend the existing 254.6± acre PUD by removing the southerly 99± acres from the subject parcel area for conservation/preservation area and to utilize the parcel as a passive recreational park. The rezone will restore, protect and preserve the native vegetative communities and wildlife habitat and allow visitors to enjoy the area. In addition to the preservation of native vegetation and wildlife the principal use will be for stormwater management. SURROUNDING LAND USE AND ZONING: Subject Parcel: The Club Estates PUD, zoned PUD Surrounding- North: Naples National Golf Club, zoned PUD South: Naples Lakes Country Club (maximum 731 dwelling units), zoned PUD East: Vacant, zoned Agriculture (A) West: Shadow Wood (Airport Runway) (maximum 569 dwelling units), zoned PUD t - — d 1 PUD m PUD �a J PUD ( —.� MPLES+'�.iATZGOLFCLUS ' �i + Af-I`PLES i FPrrAGEGOLFAidD COUiWRYCLUB PUD -UB CSTA TES _ RU D � � .. � I.i �- L 'n P t� i, _ L r fi a °-L= VII= EST.ATES.R— !� �, ...E � =- - -`— --- PUD t'na$' PUD s'Fm DD 14+1' eo CAD PUD RG r�'� PU D " ! PU Dl ( PLFS LAKES + _ +UA17+4'Y+= U � CIF. TA 'S'Y'.,4�'+'0.`�T. �rXf. RSF 4 ( r� �s ��rA�. GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 3 of 6 Agenda Item No. 8B January 23, 2007 Page 15 of 260 The subject property is designated Conservation, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The conservation and passive recreation uses afforded within the proposed PUD are permitted within the Urban Residential Sub - District. Future Land Use Element Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. CONCLUSION: The proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and found it consistent with the Transportation Element of the GMP. LASIP does not add density or increase AM or PM traffic on the County roadway network and is a companion item for the Homes of Islandia PUD. The application does reflect the ability to add a passive park with limited access and parking. This would result in de'minimus off peak trips. Commons Area/Conservation Area: The CFPUD provides 99.3 acres of public open -space with the principal uses as stormwater management and a passive park. No building or structures shall be erected in the designated Conservation Area other than a four - hundred (400) square foot observation deck. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. 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 as Exhibit "A" and Exhibit `B ". Environmental Analysis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the CFPUD Document and for this reason the rezone is consistent with the LDC and GMP. An Environmental Impact Statement (EIS) was not required but will be at the time of the first development order. Environmental Advisory Commission (EAC): The EAC did not hear this petition because the land will be used for a conservation easement. Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: No objection. This PUD Amendment does not impact the utilities provision; no additional utilities are required or proposed Zoninz and Land Development Review Analysis: As noted, the proposed CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrently to remove the 99.3 acres that are PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 4 of 6 Agenda item No. 8B January 23, 2007 Page 16 of 260 the subject of the petition. The result will be a smaller acre PUD to be known as homes of Islandia and a new LASIP Conservation area CFPUD. The LASIP Conservation area is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The proposed amendment to CFPUD is consistent with the GMP and LDC and is suitable to the surrounding residential properties. The property is adjacent to Collier Boulevard (CR -951) and a Greenway is planned for the east side of Collier Boulevard with a crosswalk at Rattlesnake - Hammock Road. This crosswalk will provide pedestrians and cyclist access to the LASIP conservation area. As depicted on the conceptual Master Plan (Exhibit "A" of the CFPUD document) the only access to the project is from Collier Boulevard (CR -951). NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM at the Edison College, Conference Room J -103, at 6:00 p.m. Approximately eighteen people attended, including the applicant's team and county staff. Of those who spoke, most had questions regarding the LASIP Conservation property uses as a proposed passive park. Some of the neighboring property owners at Naples Lakes Country Club reported having had nuisance vagrancy issues on their golf course, using their facilities. They expressed a concern about the same type of activity occurring on the park property. Others brought up the issue of invasive exotic vegetation spreading on to their property from the LASIP site and stated that the county needs to clear and maintain the invasive species to prevent them from spreading. Also discussed was the possibility of a parking space for a school bus, so that the area schools could use the park for student fieldtrips. Several people agreed that the county's Parks and Recreation Department could become involved in some of the maintenance and oversight of the park area. Others expressed an interest in having a locked gate at the park's entrance after hours. No one voiced opposition to the rezone proposal. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDZ -A- 2006 -AR -9021 LASIP CFPUD. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" — Rezone Findings and Exhibit `B" — PUD Findings PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND PUDZ- A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Pa-e 5 of 6 Agenda Item No. 8B January 23, 2007 Page 17 of 260 LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: Mark P. STRAIN, CHAIRMAN PUDZ -A- 2006 -AR -9021 LAMP CFPUD Page 6 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8B January 23, 2007 Page 18 of 260 EXHIBIT "B" FINDINGS FOR PUD PUDZ-A- 2006 -AR- 9021 Section 10.02.13 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: I. 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. Pro: The proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because the project is surrounded by residential and the proposed rezone to a community facility land use is compatible with residential land use. Findings: The proposed change decreases density and the LASIP CFPUD will be in compliance with all county regulations; therefore the project is suitable for the area. 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. Pro: The application is owned by the county and the petitioner and the parcel will be the responsibility of the county's Parks and Recreation Division who will maintain the area. Con: None Findings: Documents submitted with the application provide evidence of unified control. The CFPUD document makes appropriate provisions for continuing operation and maintenance of the park area. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: Staff has reviewed the petition and provided an analysis of the rezone amendment and found the proposed rezone is consistent with the Growth Management Plan (GMP). Con: None Findings: The proposed rezone is consistent with the goals, objective and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 1 of 3 Agenda Item No. 8B January 23, 2007 Page 19 of 260 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. Pro: The proposed rezone CFPUD document incorporated design and buffering requirements. Additional buffering requirements might be incorporated during the development order process. Con: None. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of 99± acres is consistent with the provisions of the Land Development Code (LDC) and the GMP for open space because no development will be permitted on the parcel. Con: None. Findings: The ninety -eight (99 ±) acres of Conservation area and lakes 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. Pro: The Purpose of the project is to mitigate the Lely Area Stormwater Improvement Project which will lower the flood elevations and to reduce the duration of peak stages while reducing dry season over drainage and providing as much water quality improvement and groundwater recharge as possible to the Lely area. Con: None. Findings: The proposed CFPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, careful design of the project has avoided wetland impacts where possible and minimized unavoidable wetland impacts to the maximum extent practicable, while still meeting the overall project purpose. T. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the neighborhood and as a result the subject property will not increase traffic or add adverse impacts to other public facilities. PLTDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 2 of 3 Agenda Item No. 3B .ianuary 23.. 2007 Page 20 of 260 Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. 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. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria for a passive park requires an evaluation of the extent to which development standards and deviations proposed for the LASIP CRPUD will be required. PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 3 of 3 Agenda Item No. 8B January 23, 2007 Page 21 of 260 REZONE FINDINGS PETITION PUDZ -A- 2006 -AR -9021 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners 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 of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis of the relevant goals, objectives and policies of the Conservation & Coastal Management Element and the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None Findings: Based upon staff's review, the proposed development is in compliance with the FLUE of the GMP for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report illustrate where the LASIP CFPUD site is located and the existing residential land use in the area. Con: None. Finding: This project will be compatible with the existing land use patterns as explained in the staff report for the reason that LASIP will not be developed. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: The design, layout, configuration, and size of the subject 99± acres are sufficient in size and are compatible with the surrounding residential zoning district. Con: None. Findings: The proposed rezoning will not create an isolated district related to adjacent and nearby districts. The surrounding area is developed with residential uses; thus, the uses and the zoning districts share a use relationship that is compatible to a passive park. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The site has substantial frontage on Collier Boulevard (CR -951) and is in scale with the surrounding land uses. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page] of 5 Agenda Item No. 8B January 23, 2007 Page 22 of 260 Con: None. Findings: The district boundaries are logically drawn and the request reasonable furthermore the use will be in harmony with the surrounding area. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary; it is being requested to mitigate water management for the Lely Area Stormwater Improvement Project in compliance with the Army Corp of Engineers and the South Florida Water Management District permit requirements. Con: None. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the GMP is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed change will not adversely influence living conditions in the neighborhood because the recommended land use will not alter the other conditions for approval should ensure the least amount of adverse impact on adjacent and nearby developments Con: The adjacent and surrounding property owners may perceive that the addition of a public park will encourage people to loiter after the park closes. Findings: The proposed LASIP CFPUD is compatible with adjacent land uses due to the similarities that should be realized between the surrounding residential uses and the proposed community facility use. No density is proposed and the types of noise related to a passive park should not be offensive. 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. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP. This project will not generate significant traffic impacts therefore: approval of this project would be deemed compatible with surrounding land uses and will not affect the public safety. Con: The adjacent and surrounding property owners may perceive that the addition of a public park with five parking spaces could adversely impact traffic flow on Collier Boulevard (CR- 951) even though staff from the Transportation Division deemed the petition consistent. Findings: The rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts. Evaluation of this project took into account the Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 5 Agenda Item No. 8B January 23, 2007 Page 23 of 260 requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. S. Whether the proposed change will create a drainage problem. Pro: Every project approved in Collier County involves staff to scrutinize its activity and require the developers to decrease all sub — surface drainage impacts that is generated by the developmental activities. Con: None. Findings: Development intensification has increased and area -wide flooding during a rainfall event occurs frequently. LASIP CFPUD was intended for mitigation to compensate impacts that affect water management improvements within the Lely area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: 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 zoning 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. Con: None. Findings: The proposed project will not have development on the parcel other then a passive park. For that reason, the proposed land use change will not reduce light and air circulation to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Protecting open space can stabilize or increase nearby or adjacent property values- - avoiding the need for increased property tax rates. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or 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 may or may not affect value. Con: None Findings: Economic studies in a wide range of urban areas have documented increases in real estate value for residences located near parks. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro: The proposed rezone is consistent with the purpose of the GMP and LDC and will not result in a detriment to the community as a whole. Con: None. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 3 of 5 Agenda Item No. 813 January 23, 2007 Page 24 of 260 Findings: The basic premise underlying all of the development standards in the Land Development Code is the sound application of the standards, when combined with the site development plan approval process and gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro: The change, if granted, will not result in an enclave of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is no substantive difference in the properties themselves which justifies different designations. Con: None. Findings: The proposed public passive park complies with the GMP regulations; consequently the proposed change does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The existing zoning is part of a residential Planned Unit Development known as The Club Estates. The county purchased the land for mitigation for wetland impacts that will result from construction of canals and lakes within the Lely Area Stormwater Improvement Project region. Con: None. Findings: Any petition for a change in land use is reviewed for in compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or denied. This petitioner is proceeding through the proper channels to obtain the Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project's development regulations provided in the CFPUD document are similar to what is allowable in the LDC. Con: None. Findings: The proposed passive park complies with the GMP and LDC which staff has evaluated the scale, density and intensity of land use and found it to be acceptable. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: The GMP does not discourage the use of public parks within the county. Exhibit A Page 4 of 5 PUDZ -A- 2006 -AR -9021 LASIP CFPUD Agenda Item No. 8B January 23, 2007 Page 25 of 260 Con: None. Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The evaluations of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 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. Pro: The proposed change will not hinder the achievement of the county's goal for public health, safety and welfare which will not be adversely affected. Con: None. Findings: As noted in Item 13 above, this site was bought by the county to compensate impacts to the wetlands and the ability to develop the property as a passive park will not influence the parcel 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 LDC regarding Adequate Public Facilities. Pro: There is no development impacts on the parcel therefore the availability of adequate public facilities and services will not be affected. Con: The proposed project is a passive park and not subject to evaluation under the Adequate Public Facilities Ordinance. Findings: During the application process staff reviewed all elements of the GMP and the LDC public facilities requirements and found it consistent and in compliance for zoning approval regardless that open -space does not provide public facilities. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development order approval process. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 5 of 5 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW. COLLIER GOV. NET Agenda Item No. 8B January 23, 2007 Page 26 of 260 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR: ❑ PUD REZONE (PUDZ) ® PUD TO PUD REZONE (PUDZ -A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER APPLICANT INFORMATION NAME OF APPLICANT(S) COLLIER COUNTY TRANSPORTATION DIVISION ADDRESS 2885 SOUTH HORSESHOE DRIVE CITY NAPLES STATE FL ZIP 34104 TELEPHONE # 239 - 774 -8192 CELL # FAX # 239 - 213 -5885 E -MAIL ADDRESS: TRINITYCAUDILLSCOTT (a)COLLIERGOV NET NAME OF AGENT FRED REISCHL AICP• AGNOLI BARBER & BRUNDAGE IN ADDRESS 7400 TAMIAMI TRAIL NORTH CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 239-597-3111 CELL # 239 - 877 -8546 FAX # 239 - 254 -2829 E -MAIL ADDRESS: REISCHL(a-)ABBINC.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 6,14'04 I ASSOCIATIONS January 23, 20C�7 age 41 774C Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY CITY _ STATE ZIP, _ STATE ZIP STATE ZIP STATE ZIP 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). The parcel is owned by Collier County, a political subdivision of the State of Florida 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. Application For Public Hearing For PUD Rezone 6/14/04 Name and Address Percentage of Owners aenda Item No. 8B Fanuacy 23, 2007 Page 28 of 260 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 Ownership 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. Application For Public Hearing For PUD Rezone 6;14/04 Name and Address Percentage of Owner Age da Item No. 8B srnP ,,anuary 23, 2007 Page 29 of 260 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ® leased ❑ Term of lease yrs. /mos. July 25, 2002 If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 "to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Application For Public Hearing For PUD Rezone 6/14/04 Agenda liem No. 8B Section /Township /Range 15 50 26 January 23, 2007 Page 30 of 260 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00418560006 Metes & Bounds Description: Size of property: • X ft. = Total Sq. Ft. Acres 99.3 Address /general location of subiect property The property is located along Collier Blvd South of Club Estates Drive and North of Naples Lakes Country Club It is currently a part of the Club Estates PUD. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial ADJACENT ZONING AND LAND USE Zoning Land use N PUD (The Club Estates PUD) Residential S PUD (Naples Lakes County Club PUD) E ROW W_ PUD (Shadow Wood PUD) Residential Collier Blvd ROW Airport Runway 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). The County owns 10 acres of undeveloped land used for mitigation It abuts the subiect site diagonally to the northwest Section /Township /Range 9 50 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00409880009 Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the PUD (The Club Estates) zoning district(s) to the PUD (LASIP Conservation Area) zoning district(s). Present Use of the Property: Off -site mitigation for the Lely Area Stromwater Improvement Projects Proposed Use (or range of uses) of the property: Off -site mitigation for the Lely Area Stornwater improvement project open space, and Passive recreation. Application For Public Hearing For PUD Rezone 6.'14104 Original PUD Name: The Club Estates PUD Ordinance No.: 99 -31 Agenda Item3, 200 Page 31 of 260 EVALUATION CRITERIA Pursuant to Section 10.02.13 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 10.02.13.8) 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. S. 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. 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. Previous land use petitions on the subiect property: on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Application For Public Hearing For PUD Rezone 6/14/04 To your knowledge, has a public hearing been held Agenda Item No. 8B January 23, 2007 Page 32 of 260 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 10.03.05.Q.) Application For Public Hearing For PUD Rezone 614/04 Agenda Item No. 813 January 23, 2007 STATEMENT OF UTILITY PROVISIONS Page 33 of 260 FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) COLLIER COUNTY TRANSPORTATION DIVISION ADDRESS 2885 SOUTH HORSESHOE DR. CITY NAPLES STATE FL ZIP 34104 TELEPHONE #239 - 774 -8192 CELL # FAX # 239 - 213 -5885 E -MAIL ADDRESS: TRINITYCAUDILLSCOTT (p7COLLIERGOV .NET ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): NIA LEGAL DESCRIPTION Section /Township /Range 151 50 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00418560006 Metes & Bounds Description: No sewer or water service is to be provided. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM ❑ a . CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e . SEPTIC SYSTEM a. b. C. d. TYPE OF WATER SERVICE TO BE PROVIDED COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) STATEMENT OF UTILITY PROVISIONS — page 2 Application For Public Hearing For PUD Rezone 6114/04 ■ ■ ■ Agenda Item No. 813 January 23, 2007 Page 34 of 260 TOTAL POPULATION TO BE SERVED: N/A PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK N/A AVERAGE DAILY N/A B. SEWER -PEAK N/A AVERAGE DAILY N/A IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED N/A 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. 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. 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. AFFIDAVIT Application ror Public Hearing For PUD Rezone 6'14'04 N We /l, being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the 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 We /I further authorize our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner to act as The foregoing instrument was acknowledged before me this day of 200___, by who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) TRAFFIC IMPACT STATEMENT (TIS) .Application For Public Hearing For PUD Rezone W14%04 A TIS is required unless waived at the A p da Item No. 8B q pre - application meeting. The TIS required mcl��l�l�r n07 major or minor as determined at the pre - application meeting. Please note the following witKxq@(56cbtd60 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: Annual Average Daily Traffic (at build -out) 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 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 decel lanes 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 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: Application For Public Hearing For PUD Rezone 6114 -U4 AedaItmN�� 813 1. Trip Generation: Provide the total traffic generated by the project for each �6�nl4� T3&07 project's Radius of Development Influence (RDI) in conformance with the acceptditAge lb' -bM1260 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. Trip Assignment: 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. Existing 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 TCE of the GMP. 5 . Radius of Development Influence (RDI): 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 DRI Other (commercial, industria 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up I, institutional, etc.) 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6 . Intersection Analysis: 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). 7. Background 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 Application For Public Hearing For PUD Rezone 6/14/04 within the projects RDI. A map or list of such lands with potential traffic impact A e a.Item_��11(*07 o 8B 9 ,7s23! be provided. Page 38 of 260 9. Through 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. Planned /Proposed Roadway 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 Phasing: 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. Application For Public Hearing For PUD Rezone 6114%04 Agenda Item No. 8B january23.20 -/ Page 39 of 2E C PUD REZONE APPLICATION SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre - application meeting. GENERAL APPLICATION To be completed in full. PRE - APPLICATION MEETING NOTES Provide copies of notes taken at pre - application meeting ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 PUD DOCUMENT Refer to LDC Section 10.02.1 3 for required information DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. Application Fee ► PUD Rezone = $10,000 + $25 per acre ► PUD to PUD Rezone = $8,000 + $25 per acre Comprehensive Planning Consistency Review = $2,250 Legal Advertising Fees ► BCC =$363 ► CCPC = $729 Fire Code Review = $150 EIS Review = $2,500 ENVIRONMENTAL IMPACT STATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) , or a request for waiver if appropriate. AERIAL PHOTO Application For Public Hearing For PUD Rezone 6/14/04 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken wiYhm n a Item No, 88 JA�?eZ`' X07 twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said �ag�kiCsFc>160 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 3.05.07). BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public. Survey shall be accompanied either by an Attorney's Opinion of Title or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting) CONCEPTUAL SITE PLAN If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8' /2" x 1 I" 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], • 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 OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. Application For Public Hearing For PUD Rezone 6,%14/04 ARCHITECTURAL RENDERING Architectural rendering of any proposed structures Agenda Item No. 8B January 23, 2007 Page 41 of 260 TRAFFIC IMPACT STATEMENT (TIS) Unless waived at the pre - application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERMITS Copies of State and /or Federal permits POSTAL SERVICE LETTER OF NO OBJECTION Provide a copy of the letter notifying the U.S. Postal Service of the proposed project. The letter should be addressed to: Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05.E. Please see attachment for requirements. OTHER 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. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees BE ADVISED THAT SECTION 10.03.05.8.3 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 ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05.E Application For Public Hearing For PUD Rezone 6/14/04 aenda [Je[n N 813 Applicant must conduct at least one Neighborhood Informational Meeting (NIM) a�iu4�2ci07 review and comment on the application and before the Public Hearing is scheduleRhgeiltE i (!F0 Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 1 0.02.1 2.C. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (1 0) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Application For Public Hearing For PUD Rezone 6(14'04 Agenda Item No. 8B nr Page 43 of 2 SUBMITTAL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PUD REZONE THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Copies Check here if not required ® 24* Completed Application ❑ ® 24* Pre - Application Meeting Notes ❑ ® 24* Legible Conceptual Site Plan 24" X 36" (1 1 X 17 Per Mike Bosi) ❑ ® 1 Conceptual Site Plan 8' /s" X 11" ❑ ® 24 PUD Document and Master Plan ❑ ® 1 24" x 36" Master Plan ❑ ® 2* Warranty Deed or Contract for Sale ❑ ® J* Owner /Agent Affidavit, signed & notarized ❑ F-14 Environmental Impact Statement or waiver ❑ 5* Aerial Photos with Habitat Areas Identified (in State & Fed Permits) ❑ ❑ 4 Utility Provisions Statement with Sketches F-17 Traffic Impact Statement or waiver ❑ 4 Historical Survey or waiver ❑ 4 Architectural Rendering of Proposed Structures ® 4 Boundary Survey, no more than 6 months old(24" x36 ") ❑ ® 4 Copies of State and /or Federal Permits ❑ 1-14 Affordable Housing Density Bonus Agreement, if applicable ❑ ❑ 1 Electronic Copy of PUD Document & Plans ❑ ❑ 1 Copy of Letter notifying the U.S. Postal Service of project ® 2 Addressing Checklist ❑ Required Fees INTERDEPARTMENTAL TRANSFER * One additional copy required 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 submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent /Applicant Signature Application For Public Hearing For PUD Rezone 6/14/04 Date Agenda Item No. 8B January 23, 2007 Page 44 of 260 LASIP CONSERVATION AREA n COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LASIP CONSERVATION AREA, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: COLLIER COUNTY TRANSPORTATION SERVICES DIVISION 2885 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 PREPARED BY: AGNOLI, BARBER & BRUNDAGE, INC. 7400 NORTH TAMIAMI TRAIL NAPLES, FL 34108 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" Agenda Item No. 8B January 23, 2007 Page 45 of 260 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION 1 PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION 2 PROJECT DEVELOPMENT 2 - 1 SECTION 3 CONSERVATION AREA 3 - 1 SECTION 4 DEVELOPMENT COMMITMENTS 4- 1 I Agenda Item No. 8S January 23, 2007 Page 46 of 260 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan EXHIBIT `B" Location Map EXHIBIT "C" Boundary Survey Agenda Item No. 8B January 23, 2007 Page 47 of 260 STATEMENT OF COMPLIANCE The use of approximately 99.3 acres of property in Collier County, as a Community Facilities Planned Unit Development ( CFPUD) to be known as the LASIP Conservation Area CFPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The uses of The LASIP Conservation Area CFPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: The subject property is within the Conservation Designation as identified on the Future Land Use Map (FLUM) as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2. The subject property will place no demands upon public facilities and will add to the public infrastructure, per Objective 2 of the FLUE. 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 is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. in Agenda Item No. 8B January 23, 2007 Page 48 of 260 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 LASIP Conservation Area CFPUD. 1.2 LEGAL DESCRIPTION The subject property, being 99.3 acres, is described as: Commencing at the northeast corner of Section 15, T50S, R26E, Collier County, Florida; thence along the North line of said Section 15, S87 °37'14 "W 100.16 feet to the West right -of -way line of CR -951 for a PLACE OF BEGINNING; thence along said West of right -of -way line S00 051'53 "W 892.87 feet; thence S87 °43'59 "W 4870.63 feet to the West line of said Section 15; thence along said West Section line N00 °15'23 "W 882.49 feet to the Northwest corner of said Section 15; thence N87°37' 14 "E 4888.46 feet to the place of beginning, containing 99.3 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Collier County, a political subdivision of the State of Florida, 3301 Tamiami Trail East, Naples, FL 34112-3969 1 -1 Agenda Item No. 88 January 23, 2007 Page 49 of 260 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the LASIP Conservation Area CFPUD shall be in accordance with the contents of this Document, PUD- Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the LDC shall apply. 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 LASIP Conservation Area CFPUD shall become part of the regulations that govern the manner in which the CFPUD site may be used. D. Unless modified, waived or excepted by this CFPUD, other provisions of the LDC, where applicable, remain in full force and effect with respect to the use of the land which comprises this CFPUD. E. Uses permitted by the approval of this petition will be subject to a concurrency review for adequate public facilities. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, is illustrated graphically by Exhibit 2 -1 Agenda Item No. 8B January 23, 2007 Page 50 of 260 "A ", PUD Master Plan. There shall be one land use tract, the general configuration of which is also illustrated by Exhibit "A" TYPE ACREAGE TRACT "C" Conservation 99.3 ACRES 2 -2 SECTION III CONSERVATION AREA 3.1 PURPOSE Agenda Item No. 8B January 23, 2007 Page 51 of 260 The purpose of this Section is to restore, protect, and preserve the native vegetative communities and wildlife habitat; and to allow passive enjoyment by the citizens of and visitors to Collier County. 3.2 PERMITTED USES As stated in the Conservation Designation of the FLUE of the GMP, passive recreational uses are permitted. The future land use designation of this CFPUD is Conservation. A. Principal Uses: 1. Restoration, protection and preservation of native vegetative communities and wildlife habitat. 2. Stormwater management. B. Accessory Uses: 1. Passive recreational uses, subject to the issuance of permits by the South Florida Water Management District and the US Army Corps of Engineers, and limited to the following: i. Nature Trail - A trail at grade, set back a minimum of 50 feet from the north, south and west property lines. ii. Observation Deck — A maximum of 400 square feet in area. iii. Signage — One entrance sign: a minimum of 2 feet by 3 feet in size; interpretive sign(s): 3 feet by 4 feet in size; rules signs: a maximum of 3 feet by 4 feet in size. iv. Parking Areas — Five parking spaces, each measuring 12 feet by 20 feet, including one handicap space; constructed of crushed shell, geotextile pervious fabric or a combination thereof, bicycle rack and trash cans. v. One Picnic Pavilion — A maximum of 400 square feet in area with one picnic table, 6 feet in length. C. Other uses deemed comparable with the foregoing uses and compatible with surrounding properties as determined by the Board of Zoning Appeals pursuant to the process set forth in the LDC. 3 -1 4.1 PURPOSE 4.2. 4.3 4.4 Agenda Item No. 8B January 23, 2007 Page 52 of 260 SECTION IV DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the use of the project. 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 CFPUD in effect at the time the development order permit is sought to which the regulations relate. The applicant, its successor and assigns shall be responsible for the commitments outlined in this Document. The applicant, its successor or assigns shall be bound by the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. ENVIRONMENTAL An environmental impact statement, in accordance with the requirements of the LDC, shall be submitted at the time site improvements are proposed. TRANSPORTATION The applicant shall provide payments for applicable sidewalks and bike lanes along the western right -of -way of Collier Boulevard (CR 95 1) and for modification of the road work plan to provide an access point along Collier Boulevard (CR 951) prior to completion of the six -lane widening of Collier Boulevard (CR 951). 4 -1 Agenda Item No. 813 January 23, 2007 Page 53 of 260 AFFIDAVIT p Ar ne6A �1 t1 ' 1tY Tf - being first duly sworn, depose and say that we /1 am /are the owners of the prope ty 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 We /I further authorize 11 Wei } i! to act as our /my representative in any matters regarding this Petition. L )2 1blo� Sig natu o Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner rtls'7�2.�rcT � ,vign��G- The foregoing insilument was acknowledged before me this day of 200 , by who i ersonalt n to me or has-pro uced Y P as identification. State of Florida County of Collier PUDZ -A- 2006 -AR -9021 PROJECT #2006040027 DATE: 4/25/06 HEIDI WILLIAMS (Signature of Notary Public - State of Florida) MWWWL. ' . I RoUtN �ipm, (Print, Type, or Stamp Commissioned Name of Notary Public) Book 3091 - Page 2521 Agenda" !� Januar 3, C, Page 54 of 260 3031057 OR: 3091 PG: 11061D1D in MUM 11cws of COLLIII C 98115/2002 At 12:901t►191f Q1 1. MCI, CL COO PROJECT. Wy Area ftm w&W I nprovament (31101) ut Pat PARCEL No: tali Acre Parse( DOC -.10 FOUO No: W418560006 Collis fete: 11115P8ATA710111i0 0! NIT WARRANTY DEED 1LI1li1 CHI /Pla 9P � �m '�594i /IlQP1 T141S WARRANTY DEJ�TJ It made this t�l_... day of �" �'`I _ 2M. by STEPHEII M. VAVME AND ISAYER E. GU TMAN. as replooM et! Tnrstasc for the Trust under the Will of Swnwd fat. Savagft by lnstrum M recorded in 0.R Each 3081. PW 2w5. Public Records of Collier Coglay, Ronde. aftiase mating addow is do 101spr E. GuW aam Levin & Gann. 302 WashvVtm Or Floor. Towson, Maryland, 2120x4525 (taarairtafter w4vidusiy of coNeetMey retarred to as - Grat", to C01 I IER COUNTY, a poRicef subdivision at dta State of Fiortda, its suowwwrs and assigns. %ftse, post BfAae aWfess is 3901 TernWN Tral East Naples, Fwda. 34112 (herainaftw referred to as'Grantse'). (VAharevar used herein the Wft IGMtt a and ^ Grantee' include ON the parties to 0* Instrument and Moir r+esptts5ve heirs, legal reprsssratstives, wcoessom and assipra.) W ITNESSETf t: That the Grantor. for and In consideration of the sum of Ten Dolan (510.00) and aeor valuable consideration. moW whereof is hereby acknowledged, hereby grants, barpm, sets. aliens, ramises, releases, cerways and ctourtlfm unto the Grantee. all Meat cancan tared situate in Oozier cou*. Florida, to wit: See AWKhed Exhibit A' which Is incorporated hemin by tefenmm Subject to easern a. resvicoo ts, and reservabom of record. THIS LAND tS NOT NOW, NOR HAS IT EVER BEEN THE HOMESTEAD PROPERTY OF THE GRANTORS. NOR 18 IT CONt1GWUS TO ANY HOMESTEAD PROPERTY Of THE GRANTORS. TETHER with all the tanernents, hareditarnents and sppurb wwuwes thereto belonging or in wVwrse app"Ining. TO KkVE AND TO HOLD the sarna in fee strrapis forever. AND the Grantor hereby covenants with said Grantee OW the Grantor is Niwtuity setiasd of said WW in Me shvic. OW the Grantor rtes good right and lswfif suMtorihy to sail and Convey sW tend; that Ow Granby hereby fully mamma the We 10 said tared and will deWid the sane sp ost the kw Ul Warns of al parsons whornsoaver and that taut land is free of all oncuntbranoas except as Acted above. IN WMNESS WHEREOF, Itte said Grantor has signed and sealed these pr:sents pae day and year first above wd tan. Dated: Z 2002 PUDZ-A- 2006- AR_9021 - -- PROJECT #2006040027 DATE: 4/25/06 HEIDI WILLIAMs http:// www. coIlierappraiser .com/viewer/Image.asp? 11/17/2005 DEPARTMENT OF THE :ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1526 ROYAL PALM SQUARE BOULEVARD, SUITE 316 FORT MYERS, FLORIDA 33919 US Amory Corps of Engineers Fort Myers Regulatory Division South Permits BranchNVest Permits Section SAJ- 2002- 2436(IP -MJD) Collier County Board of County Commissioners John H. Bolt, P.E. CoN'ier County Stormwater Management Director 3301 Tamiami Trail East Naples, Florida 34112 Dear Mr. Bolt: JUL 2 8 2005E Agenda Item No, 8B January 23, 2007 Page 55 of 260 Enclosed is a Department of the Army (DA) permit and a Notice of Authorization for application number SAJ- 2002- 2436(IP -MJD), to construct a surface water management system. The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The project site is bounded by C.R. 951 (Collier Blvd.) to the east and Radio Road to the north, in Sections 3 -10, 15- 25,29 -31 and 36 Township 50 South, Range 26 East, Collier County, Florida. The enclosed placard is required to be prominently displayed at the construction site. You may begin the work authorized by this permit. This permit does not relieve you of your responsibilities for any other Federal, State of local permit. In order to determine compliance with the permit, U.S. Amny Corps of Engineers personnel or a contractor may inspect the project site at any time. A copy of the enclosed permit and drawings, in addition to the placard, must be available at the site of work at all times. Please be aware that failure to comply with the permit limits or the conditions may result in enforcement actions to include civil penalties. If, in the future, you choose to modify your permitted work, this must be requested in writing and drawings showing the proposed changes must also be submitted. Any requests for extensions beyond the five year time limit must be requested, in writing, at least one month prior to the expiration date of the permit. Sincerely, ence C ief, Reg 'UDZ -A- 2006 -AR -9021 PROJECT #2006040027 DATE: 4/25/06 SAJ -2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Enclosures Copy Furnished: SFWMD, Fort Myers (permit #11- 01140 -S) USFWS -2- Agenda Item No. 8B January 23, 2007 Page 56 of 260 I AIVIlitgRAI 014 Oil I'! , /�� Permittee: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Permit No: SAJ -2002 -2436 (IP -MJD) Issuing Office: US Army Engineer District, Jacksonville Agenda Item No. BB NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the US Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To discharge approximately 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. The project also includes the creation of spreader lakes and the creation of 1.6 acres of mangrove wetlands. The work is to be completed in accordance with the attached plans numbered SAJ- 2002 -2436 (IP -MJD) 12 sheets dated July 19, 2005. These drawings can be found in Attachment A, which is attached to, and becomes part of, this permit. Project Location: The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The proposed project site is bounded by C.R. 951 (Collier Boulevard) to the east and Radio Road to the north in Sections 3 -10, 15 -25, 29 -31 and 36, Township 50 South, Range 26 East, Collier County, Florida Latitude 26 °07'00" N and Longitude 81 °43'34" W Agenda Item No. 8B January 23, 2007 Page 59 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on July 25, 2015. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2.� You must maintain the activity authorized by this permit in good condition and in - conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Shall you wish to cease to maintain the authorized activity or shall you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached (see Attachment B). 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 2 Agenda item No. 813 January 23, 2007 Page 60 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Special Conditions: 1. The permittee shall notify the Corps in writing at least 48 hours, prior to commencement of the work authorized by this permit and shall provide a written status report every six months until the authorized work has been completed. This commencement notification, status reports, monitoring reports, and all other reports regarding this permit shall be submitted to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232- 0019 and shall reference the permit number. 2. The mitigation areas consisting of 10.1 and 99.2 acres of cypress and cypress /pine wetlands and uplands shall be managed in perpetuity to control nuisance and exotic vegetation and be placed into a conservation easement granted to the South Florida Water Management District within 180 days from commencement of activities authorized by this permit. 3. The applicant shall commence construction of the compensatory mitigation concurrent with the on -set of wetland impacts and finish all mitigation, exotic vegetation removal activities within one year. 4. The permittee shall ensure that the 109.3 acres of preserve areas remain in a natural state in perpetuity. The natural preserve area shall not be disturbed by any dredging, filling, land clearing, agricultural activities, planting, or any other construction work whatsoever (except as necessary to comply with the exotic removal and any supplemental plantings). The only future utilization of the preserved area will be as a natural area. With the exception of the mitigation plan as specified in Attachment C (11 pages), any work within the 109.3 acres of on -site preserves shalt be approved by the Corps of Engineers. Such approval may require a modification to the DA permit, additional mitigation or may require initiation of consultation with the FWS. 5. The permittee shall monitor the 109.3 -acre on -site compensatory mitigation area. Monitoring shall consist of baseline monitoring (prior to mitigation construction), time - zero monitoring (within 30 days following completion of the mitigation work), and annual monitoring reports thereafter. The baseline monitoring and time -zero monitoring reports shall be submitted to the Corps within 60 days of data collection. All monitoring reports shall be mailed to the U.S. Amory Corps of Engineers, Regulatory Division, Enforcement Branch, P.O. Box 4970, Jacksonville, Florida 32232 -0019. Each monitoring report shall include data collected on vegetation, wildlife, rainfall, wetland water levels and other information as described in the "Mitigation Area Monitoring and Maintenance Program ", and shall also include the following items: a. Department of the Army permit number; b. Sequence number of the report being submitted; KI Agenda Item No. 8B January 23, 2007 Page 61 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project c. Date the next report is expected to be submitted, and d. Brief summary of the status of the mitigation including any problems encountered e. and the remedial actions taken. 6. Annual monitoring shall continue for a minimum of five years or until the success criteria has been met for three consecutive years following the completion of the mitigation activities. A request for a final inspection shall be submitted with the last monitoring report. The Corps of Engineers shall make the success determination. 7: The 109.3 -acre mitigation area shall be enhanced and managed in perpetuity for - the control of invasive exotic vegetation as defined by the Florida Exotic Pest Plant zr Council's 2003 List of Invasive Species (Category 1) (http:l/fleppc.org). There shall be no invasive exotic vegetation or nuisance plant species of seed bearing size in the mitigation area. Plants over three feet in height are considered to be seed bearing in size. At no time shall the density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed 2% of the aerial cover in any individual stratum. At no time shall the total density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed a total of 5% for all strata. Any other work or alteration in these areas will require modification of this Department of the Army permit and possibly additional mitigation. 8. This Corps permit does not authorize you to take an endangered species, in particular the bald eagle. In order to legally take a listed species, you must have separate authorization under the ESA (e.g., and ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed FWS BO contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the 80. Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO (Attachment D, 17 pages) which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the 130, where'a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non - compliance with your Corps permit. The FWS is the appropriate authority to determinie compliance with the terms and conditions of its BO, and with the ESA. 9. Nine water quality monitoring stations will be installed and monitored for a minimum of five years as contracted through the Collier County Pollution Control & Prevention Department. A station will be located a the inflow and outflow of each of the three spreader lakes. Discharges will be monitored a these six stations. These six stations are in addition to the three upstream stations proposed by Collier County in September 2004. 4 Agenda Item No. 38 January 23, 2007 Page 62 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project 10. The water quality parameters and the monitoring frequency will be the same as presently conducted by Collier County. Each of the nine stations will be samples monthly, and the samples will be analyzed for 36 parameters including physical properties, biological and microbiological components, nutrients, metals and important ions. Nutrients, total suspended solids and turbidity are of special interest. 11. Annually, Collier County will report water quality and discharge data to EPA, the South Florida Water Management District and the Rookery Bay National Estuarine Research Reserve. These organizations will recommend additional monitoring, trbatment or adaptive management, if necessary. 12. Within 60 days of completion of the work authorized and mitigation, the permittee shall provide to the US Army Corps of Engineers as -built drawings of the authorized work, including mitigation, and a completed As -Built Certification Form. (Attachment K, 3 pages) 61 Agenda Item No. 8B January 23, 2007 Page 63 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, and local - authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design -or construction deficiencies associated with the permitted work. R Agenda Item No. 8B January 23, 2007 Page 64 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicants Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: - a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces, which this office did not consider in reaching the original public interest, decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 7 Agenda Item No. 8B January 23, 2007 Page 65 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater improvement Project Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. - 'LE) -7 -59.06 (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has si ed below. 3 (DISICT ENGRf Robeh M. Carpenfe Colonel, U.S. Army District Engineer (DATE) THIS PERMIT CONTAINS 11 ATTACHMENTS, TOTALING 59 PAGES Attachment A - Permit Drawings (12 pages) Attachment B —WATER QUALITY CERTIFICATION .(South Florida Water Management District) Special Conditions in accordance with the General Condition number 5 on page 2 of this DA permit - (4 Pages) Attachment C - Compensatory Mitigation Plan (11 pages) Attachment D - U.S. FWS Biological Opinion (17 pages dated May 13, 2002) Attachment E - Wood Stork Management Plan (2 pages) Attachment F - RCW Management Plan (2 pages) Attachment G - Bald Eagle Management Plan (2 pages) Attachment H - American Crocodile Management Plan (2 pages) Attachment I - Eastern Indigo Snake Protection Plan (3 pages) Attachment J - Self- Certification Statement of Compliance (1 page) Attachment K -As Built Certification (3 pages) Agenda Item No. 8B January 23, 2007 Page 66 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Permit Transfer: When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (PERMITTEE — SIGNATURE AND TITLE) Permittee: Collier County Public Utilities 3301 Tamiami Trail East Naples, Florida 34112 PERMIT NUMBER: SAJ - 2004 -4078 ([P-MJD) DATE LOCATION & AUTHORIZED WORK: To discharge approximately 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. The project also includes the creation of spreader lakes and the creation of 1.6 acres of mangrove wetlands. The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The proposed project site is bounded by C.R. 951 (Collier Boulevard to the east and Radio Road to the north in Sections 3 -10, 15 -25, 29 -31 and 36 Township 50 South, Range 26 East, Collier County, Florida (TRANSFEREE - SIGNATURE) (DATE) (NAME AND -TITLE - PRINTED/TYPED) (NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTED/TYPED) (TELEPHONE NUMBER) The above transfer agreement shall be completed and mailed to the local Corps of Engineers Regulatory Office or to: U.S. Army Corps of Engineers, Jacksonville District ATTN: Regulatory Division, Enforcement Branch P.O. Box 4970 _facksnnville Flnrida 2717 -Ml Q 9 Agenda Item No. 3B January 23, 2007 Page 67 of 260 Attachment A Permit Drawings 12 pages Agenda Item No. 8B LELY AREA STORMWATER IMPROVEMENT PROJECT (L �i'�� 'o2QQ0 f 260 SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA RADIO ROAD VICINITY MAP OVERALL REGIONAL BOUNDARIES - W a 0 �a x w w w a 0 U in T x Collier County BOCC SAJ -2002 -2436 (IP -MJD) July 19, 2005 Page 1 of 12 I i A .-M mmm"mm" & i"a, Rolla M Fly rh -V n U L M KM- - 12W4 g� !Www ...... 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III ��I.` , MA v� LI Agenda Item No. 8B January 23, 2007 Page 72 of 260 Attachment A Permit Drawings 12 pages Agenda Item No. 8B LELY AREA STORMWATER IMPROVEMENT PROJECT (L.�3of 2000 -, SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA VICINITY MAP OVERALL REGIONAL BOUNDARIES W O W a a a O U T Collier County BOCC SAJ- 2002 -2436 (IP -MJD) July 19, 2005 Page 1 of 12 - 41 rte, k � lil EL Eli 77- rk 'AIL- WMA VQVULis Pon fit Q• � �.i 1[ l l lily r ADO e _ © : � - �+ ion ■ Rrm Ikk AnAg MIEN= Em _s s. s - - • PART i • T r aall�I-r \_�� ' !►� .. _...��, .�nrrr, unarm `�� ♦0 � � n, I -- ��,• �, f a - i Irrin�a • t � • -, 1' �urnnnuaaaa ra �� F o a ®C�1�3�illll��r Y 0 U PA O w _ os 0 a� i 0 U� Ua ol M CD N o O N '�-- oN o Uoaia� �Ne- CUch -d 4' O o _o E r`n- _s s. s - - • PART i • T r aall�I-r \_�� ' !►� .. _...��, .�nrrr, unarm `�� ♦0 � � n, I -- ��,• �, f a - i Irrin�a • t � • -, 1' �urnnnuaaaa ra �� F o a ®C�1�3�illll��r Y 0 U PA O w _ os 0 a� i 0 U� Ua ol M CD N o O N '�-- oN o Uoaia� �Ne- CUch -d ,=NAM== Ln Agenda Item No. 8B January 23, 2007 Page 77 of 260 636 stk.d Wed" Hrdwoo" 411E 1 COMM 624E3 ' 621E1 - ! '416E 411E2 - •—� r �-� --' .- r r .—. 630E2 -.- r ,— .527 -- 743' ,-- 426E1 ' •- "� r r . 630E2 MITIGATION �- ` AREA . 612 r . — 612 514 _ 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF o CODE TOTAL *612 Mangrove vamp 1.6 100.0% V •�— r— Wetland �} Wetland Outside Mffigation Area Collier County BOCC Surface Waters outside Mitigation Area SAJ- 2002 -2436 (IP -MJD) Figure G -5. Mangrove restoration mitigation area proposed conditions m July 19, 2005 r,_ -_ An ..t .17 i �s - 0FFWM FLUCFCS LEGIM CODE 416E3 411 Pkw Ftwwoa. 416 Pkw Fk%modk. Grwahx id Undo" 412 A Popper 426 Tro&M Ftwdwoods — 416 E3 447 U- 0* 426 COWSP PMM set Stwrn Water Mwwpwnw t Lake e12 '416E3 411E 1 - " 617 Mend W45WW tfwdwood� 621 CWM 624 Pakn 636 stk.d Wed" Hrdwoo" 411E 1 COMM 624E3 ' 621E1 - ! '416E 411E2 - •—� r �-� --' .- r r .—. 630E2 -.- r ,— .527 -- 743' ,-- 426E1 ' •- "� r r . 630E2 MITIGATION �- ` AREA . 612 r . — 612 514 _ 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF o CODE TOTAL *612 Mangrove vamp 1.6 100.0% V •�— r— Wetland �} Wetland Outside Mffigation Area Collier County BOCC Surface Waters outside Mitigation Area SAJ- 2002 -2436 (IP -MJD) Figure G -5. Mangrove restoration mitigation area proposed conditions m July 19, 2005 r,_ -_ An ..t .17 i �s - 1 LLLL-L !cb I I r SANTA ~ BARBARA BLVD. i JU 111...1 iA iliu� 1 da -hem No. 8B 3, 2007 Page 08 of 260 •-CR 951 Note: Base map and mitigation ske information received Collier County BOCC from Agnoii, Barber d Brundage, Inc- and Cofer County Government Website. SAJ- 2002 -2436 (iP -MJD) July 19, 2005 iqure G -1. Proposed mitigation site lomatinns Page 11 of 12 _ o i � L •- - g. ' . Rt 'o i f� ttg :e E 10 w co m � o tw a � en WOO 't m mO 3 °�N � m .. 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Agenda Item No. 8B January 23, 2007 Page 80 of 260 Attachment B WATER QUALITY CERTIFICATION South Florida Water Management District Special Conditions 4 Pages .a+aw.i1 l.v. yy w-v V PAGE ggenc wlteen No. 8B January 23, 2007 Page 81 of 260 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface water management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal: vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and location of the sediment, erosion, and /or turbidity controls shall be subject to PAGE AgenO itegn No. 8B January 23, 2007 Page 82 of 260 District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 151, buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. In addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from PAGE A,gen0FItEBn No. 8B January 23;2007 Page 83 of 260 their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction of placing buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic vegetation removal and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and /or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E -4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (15001) zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be ' retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. rr.MMIT NU: 11- U114U-5 PAGE Agen�6 jl' n No. 8B January 23, 2007 Page 84 of 260 28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are— hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. Agenda Item No. 8B January 23, 2007 Page 85 of 260 Attachment C Compensatory Mitigation Plan 14 pages ■ M 1 I 1t.Pm No. 8B - 23. 2007 Pad 86 of 260 ............ . ............ .............. ............ ............. LRA w►„o G CLUB L ' .................. ............... .................. ................. .............. CLUB ESTATES • �u • FW- I■�v i ■1►1 all �. 1C� Note: Base mop and mkigadon site Mrlormalbn received from AWM. barber & Brundage, fnc. and Cofer County Govenw neat WebsM. Figure G -1. Proposed mitigation site locations Collier County BOCC LAJI rr- SAJ -2002 -2436 ([P-MJD) July 19, 2005 Page 1 of 11 o z z+ La o S CL � O LL LL U 4 C c Vo A 8O 1 m 46 J CO N e0�p�1 C LL G l!J I n co V, 8 to 'Co O N�TtOtD� IYJ_NWo c nw� W i W O w V Jw 0 ti 1 m 1 'I N:ivi" 3v1 a i sr LU Q W W W U W s + + i L is W3 C or U W O - U- c m U- c E cm E W z cm a ) U 8 �' a a a a a • i t tm !�+ fA 4 m � a "' Q o rmrm � i ♦ a a i i, i i~ m i �aC .w i C Q ?+ ?a p G m 0 cn UJ 0 i !, i ♦ ♦ r i i i w i Q�p 0uJ„(0),�QID0 �t. -ve+� U � ,r a ♦ + i i i i, CmLLUMIT le 3 i ♦ �� i i a � ` ! f W a i i a a z O + � a + i r4z �- .� - ♦ + ! i a i i - 7 i i 1iV Jeeee--i � i VT o z z+ La o S CL � O LL LL U 4 C c Vo A 8O 1 m 46 J CO N e0�p�1 C LL G l!J I tiMN C4 C4 V, 8 to 'Co O N�TtOtD� IYJ_NWo c nw� .L L u 7 U p o C14 (D LD �p � T U C N o C.4 V— N ch L)gc4n�a 8 g g � $°M3 NA, l+1 z t- ..4000 � O LL Na*00ef:- tT° Dpp 4 a°.QPC14N � CO N � I tiMN C4 C4 o° Ch N�TtOtD� IYJ_NWo o W 't W O w V Jw 0 ti 1 m 1 U N:ivi" 3v1 X LU Q W W W U m W3 Q U .L L u 7 U p o C14 (D LD �p � T U C N o C.4 V— N ch L)gc4n�a 8 g g � $°M3 NA, l+1 D to m fA O .0 C 0 CD C m V l0 a Q O> C• co i a c !V m 7 _CR iz 0 t- ..4000 O LL Na*00ef:- tT° Dpp O a°.QPC14N � CO N ca � tiMN C4 C4 Ch N�TtOtD� IYJ_NWo o W 't W 4 w w U m W3 U W U U- c m U- c E cm E z cm a ) pQ tm !�+ fA 4 m � a "' Q o rmrm 4 1 8= to t ,� i~ m E �aC .w C Q ?+ ?a p G m 0 cn UJ 0 aC 0 0 m 0 n. w Q�p 0uJ„(0),�QID0 �t. -ve+� U vo CmLLUMIT le D to m fA O .0 C 0 CD C m V l0 a Q O> C• co i a c !V m 7 _CR iz Agenda Item No. 8B OFFSM FUJCFCS LEGEND CODE 416E3 . 411 Piny Fhdwoodr 416 Pbo PMtwoodik GrrnkwW - - .r 416E3. a? � 416E3 ; Lim Onk 426 Camp. Pwkn 612 MWWVA 612 Wood WadmrW Hwrdwoodi i 621 CyprMS �~ Wadmid Hardwoods - ' cordlars 624E3 621 E1 r 411E2 411E1 416E3• 630E2, ' - 743 .- '; 428E2 , : 428E2 427E 1 422- r. 426E1 617 E1 743 - -_ - (0.4) _ = — - 630E2-,° , PROPOSED ' _ — — — MITIGATION 514 AREA 612 _ 612 _ `! 411 514 '` "r T. MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT CODE ACRES % OF TOTAL 14 Drainage Canal 743 Spoil Areas 1.2 0.4 46.2% 15.4% �' Potential Other waters Wedend Outside the MWgation Area Figure G -3. Mangrove restoration area conditions Collier County BOCC LASI P SAJ -2002 -2436 (IP -MJD) July 19, 2005 Page 3 of 11 II xe E- i o 2 U- Q O 9 w ` z a L8ti 1- ON D o� 9c 0 N r to N O ko m to to c; i CO O cn Ch r- O 1ui:) 0$m a$� OwU. t - v 0Woao g° to c o W w Q w V m C 0 C C 8 W t= - N - Z mZ5 me a w a�i�� a ma xe E- i o 2 U- Q O 9 �, � ui 0 a L8ti 1- ON D o� 9c 0 N r to N O ko m to to c; i CO O N O r- O 1ui:) 0$m a$� OwU. t - v 0Woao a � C�J 31 11 23 �S�» Ego oII ti C w� JW Ca !> r Ym C U 0 CL L N N O 0- N N g a�i 5 a CL CC U- Q O 9 of e 0 1 1 ti t.% tv * q 0 a1C 0 N en m N r CO w V N O ko m to to c; i CO O N O r- O v N ¢ t g° to c o W w Q w V m C 0 C C COD a c o 0 o m o E $ Z CO) pz mZ5 me a w a�i�� a ma c�0 �z m Zi 0o iT c 4 1y c L w C W C N C m o H F Q m _C m a V...V EG.v�v� i1C to z T ti Q rocm a w a�wa� aw ® ►- CD J ti C w� JW Ca !> r Ym C U 0 CL L N N O 0- N N g a�i 5 a CL CC U- Q O 9 of e 0 1 1 ti t.% tv * q 0 a1C 0 N en m N O cn wW U to to co t t tV tri t+i N O r- O g° to c o w a a w V m COD ;� .• �°'o i5Z m m C c�0 �z m Zi 0o iT c m o, to pZ c a� to O ti Q rocm a w a�wa� aw ►- (?-i Ev a� E5 m W 3 w H 0SuErL 5a m =w ti C w� JW Ca !> r Ym C U 0 CL L N N O 0- N N g a�i 5 a CL CC Collier County 13A99rr�a Item No. 8B LASIP January 23, 2007 SAJ-2002-2436 (lP-x)90 of 260 July 19, 2005 W= n-WFCS LEGEW Page 5 of 11 FLUCFCS KNWA-T CODE 411 PkW 41693 416 P www"" 422 Bratifln Pq*m 426 Tmpkd I .416E3 427 L- 0'* 428 Cabbep Pakn 416E3 527 Skm WOW MWao~ L&M 612 MOVOM 411E 1 617 Mod V 421 Cyprus 04 cywsw-p�;* Pakn $30 Mbad W*1WW Hartmo" 411E1 4 4' 624E3 621EI 416E 411E2 416E2 63092 743 426E1 630E2 MITIGATION AREA 612 612 514 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF — CODE TOTAL *612 Mangrove Swamp 1.6 100.01, Kevin L. Erwin'" Consulting Ecologist, Inc. 2V►b&V4M6P0*AW FOt"O• P4dd• 33M PO)MMUS Wetland Outside Mitigation Area Surface Waters Outside Mitigation Area Figure G-5. Mangrove restoration mitigation area proposed conditions map Appendix G - Environmental Impacts And Proposed Mitigation Plans Table G3. Ten acre and 99f acre parcels existing vegetation summary Agenda Item No. 8B January 23, 2007 Page 91 of 260 10.1: Acre Parcel 99t Acre Parcel FLUCCS Code Habitat Acres Percent of Total Acres Percent of Total 321 Palmetto Prairie - - 2.2 2.2 411 Pine Flatwoods - - 17.7 17.8 416* Pine Flatwoods, Gtaminoid Understory 3.8 37.6 22.1 22.3 424* Melaleuca 2.7 26.7 56.6 57.1 621 * Cypress 2.3 22.8 - - 624* Cypress-Pine-Cabbage Palm 1.2 11.9 - - 743 Spoil Areas 0.1 1.0 - - 814 Roads and Highways - - 0.6 0.6 TOTAL 10.1 1 105 99.2 100.0 * Wetland Palmetto Prairie (FLUCCS Code 321) This upland community is dominated by a thick saw palmetto understory with widely scattered slash pines. Other plants present include bracken fern, grapevine; smilax, fetterbush, and pennyroyal. Pine Flatwoods (FLUCCS Code 411) This upland community type occurs as small islands scattered across the 99f -acre parcel. A canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it. Other plant species present include scattered live oak and cabbage palm, beautybeny, grapevine, winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also present in varying densities Pine Flatwoods. Graminoid Understory(FLUCCS Code 416) This transitional wetland community is the dominant wetland type in the eastern half of the 99f- acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid -story varies depending on the location but typically consists primarily of melaleuca, pine, and cypress saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present. The ground cover stratum varies depending on the density of melaleuca in the canopy and mid - story strata. In more open areas species such as swamp fern, little blue maidencane, yellow -eyed grass, Florida three -awn, saw - grass, and grapevine are present. In areas of dense exotics, ground cover consist primarily of bare ground / duff with scattered patches of the species listed above. Melaleuca (FLUCCS Code 424,) The majority of the western half of the 99f -acre parcel contains this highly disturbed wetland habitat. Melaleuca is the dominant species in all three strata. Widely scattered pine and cypress are also present. Ground cover is primarily bare ground / melaleuca duff with scattered small patches of swamp fern. This area was probably historically either hydric pine flatwoods or a cypress — pine mix that has become dominated by this problematic exotic. Collier County BOCC LASIP SAJ- 2002 -2436 (IP -MJD) July 19, 2005 Page 6 of 11 Collier County BOCC LAS(pgenda Item No. 813 Appendix G: Environmental Impacts And Proposed Mitigation Plans SAJ- 20 *J -A4'D) July 19, 2003 C,Mress ( FLUCCS Code 621) Page 7 of 11 This wetland community is located on the l O k -acre parcel. Cypress dominates both the canopy and the mid -story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are also present. Melaleuca is common in the mid -story. The ground cover stratum is typically composed of species such as swamp fern, sawgrass, Virginia chain fern, and melaleuca seedlings. Cypress-Pine-Cabbage Palm ( FLUCCS Code 6241 Wetland areas in this category are also located on the l O± -acre parcel. These areas are vegetated by a mixture of slash pine and cypress. Melaleuca dominates the mid -story. Ground cover species include swamp fern, sawgrass, bealaysh, and wiregrass. In areas of dense exotics ground cover is primarily bare ground / melaleuca duff. mil Areas ( FLUCCS Code 743) This disturbed upland habitat is located along the south edge of the 10± -acre parcel. The berm is vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and grapevine. There is a 10 feet wide gap in this berm, located approximately 160 feet from the east property corner that allows surface water to drain from the wetlands to the north into the adjacent canal. Roads and Highways ( FLUCCS Code 814) A narrow strip of land that has been improved as part of the CR 951 expansion is located along the .east boundary of the 99t -acre parcel. This area consists of the sodded side slope of the road. The 1.6± acre mitigation area located at the downstream end of the existing Lely Canal channel consists of two FLUCCS Codes (Figure G.3). Each is described below. Drainage Canal and Ditches ( FLUCCS Code 514) This area is the existing excavated Lely Canal channel. It is primarily open water with a narrow fringe of Brazilian pepper and mangrove. mil Area ( FLUCCS Code 743) This upland area is the spoil berm / maintenance road associated with the canal. It is maintained on a periodic basis and is vegetated by a variety of weedy species. G.2.c Adjacent Land Uses Consideration of adjacent land uses is an important component is the design and placement of a successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable for both the 10f acre and 99± acre parcels and for the 2± -acre mangrove restoration area. The majority of the perimeter of the 10± acre and 99t acre parcels consist of existing wetland mitigation areas (Figure G.1). To the south of the 99± acre parcels is the 154± acre mitigation area for the Naples Lakes Country Club project. To the north is the 86f -acre mitigation area for The Club Estates. That mitigation area also forms the east boundary of the 10± -acre parcel. The north and west sides of the l0± acre parcel consists of the 261± acre mitigation area for the Naples Heritage Golf and Country Club project. The 1.6± acre mangrove restoration area has also been sited in an appropriate location (Figure G.3). To the west is a good quality tropical hardwood hammock, to the east and south are existing mangroves, and to the north is the proposed outfall spreader lake. While no development plans have been approved for the surrounding property, given the location of the Appendix G: Environmental Impacts And Proposed Mitigation Plans LASIP sAJ -2060_� t�F-- ' July 19, 2QU5age 93 of 260 Paae 8of11 spreader lake and the quality of the adjacent habitats it is unlikely that future development would be permitted immediately adjacent to the proposed mangrove restoration site. G.2.d Wetland Mitigation Plan The enhancement proposed for the l O+ acre and 99+ acre parcels is similar in nature and will discussed together. The activities proposed at the 1.6t acre site are substantially different and will therefore be discussed separately. 10+ Acre and 99+ Acre Parcels The mitigation proposed on these lands is the enhancement of wetlands via hydrologic improvements, exotic species control and native plant establishment, and the preservation of 'existing native uplands. The implementation of this component of the mitigation plan will result in the enhancement of 14.8+ acres of cypress, 49.5+ acres of cypress — pine, and 24.3E acres of hydric pine flatwoods and the enhancement and preservation of 19.91 acres of native uplands on the two parcels. Each aspect of the plan is described below. The wetlands are currently drained via a breach in the berm along the north side of a canal that forms the south and west boundaries of the mitigati on sites (Figure G.2). This breach is approximately 10 feet wide and is lower than the natural grade of the adjacent wetland. This allows the canal to directly drain surface water from these wetlands. Since the canal doesn't connect to anything water levels in the canal and therefore the adjacent wetlands are currently controlled by adjacent ground surfaces at elevation 9+ NGVD. As described in the Region 7 narrative, the improvements to the canal system in this area consists of improving the existing berm (to prevent over topping and minimize subsurface flows to the extent practicable) and replacing the existing breach with a gated weir. The weir has been set at the existing seasonal high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This control elevation is compatible with the existing wetland mitigation areas to the east, north, and west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on the 10f acre and 99+ acre parcels, it will also positively affect the hydrology of the surrounding conservation lands. Significant portions of both properties have become dominated by exotic species, primarily melaleuca. In areas of greater than 50 percent cover by exotics the melaleuca will be controlled via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non - target native vegetation and disturbance to the soil. In areas with less than 50 percent cover by exotics, the exotics will be removed by hand. Exotic trees. will be cut just above natural grade and the stump treated with an appropriate herbicide. Treatment will occur within one hour of cutting to ensure maximum uptake of the herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Herbicides will be used in strict accordance with label directions by trained applicators. Care will be taken to reduce damage to non - target native species to the maximum extent practical. Treatment of exotics will also occur in the native upland communities on the 99+ -acre parcel. Once the exotics have been treated the wetlands will be planted, as needed, by native species. Based on available information, a conceptual planting plan has been prepared (Figure G.4). The most deeply inundated portions of the site will be planted with cypress. The transitional areas Appendix G: Environmental Impacts And Proposed Mitigation Plans LASIP SAJ -20�V�p#N July 19, 2 e 94 of 260 P e9Of 111 will be planted with slash pine. Intermediate elevations will be planted by a mix of cypress and pine. Prior to planting, additional topographic information will be obtained. This information and the distribution of existing native vegetation will be used to fine -tune the planting plan. The trees will be container grown, three feet in height, and planted in a random pattern at densities of 200 trees per acre. In areas where live native trees are present, those trees will count towards the required planting density. Ground cover species will be installed at densities of 4,840 plants per acre in areas that contain less than 33 percent cover by native ground cover species following exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike rush, wiregrass, sawgrass, swamp fern, pickerelweed, and arrowhead. The final species list will be based upon site- specific conditions and on plant material availability at the time of planting. l&± Acre Many-rove Restoration Site The portion of the existing Lely Canal and associated maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once final grades are attained, the area will be planted with salt marsh cordgrass in order to stabilize the substrate. Mangroves will become established in the area via natural recruitment from the surrounding mangrove system. If, after two growing seasons mangroves do not become established, then mangroves will be planted_ A WRAP analysis has also been conducted to determine the amount of increase in wetland function and value associated with the restoration plan (Table G.5). This analysis indicates that the mitigation areas will contain 82.81 functional units at the successful completion of the mitigation program. The existing condition WRAP analysis (Table GA) documents that 48.81 fimctional units currently exist on the three sites. Therefore, the proposed wetland mitigation plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) — 48.81 (existing) = 34.0 functional units produced). Appendix G: Environmental Impacts And Proposed Mitigation Plans G.2.e Wetland Mitigation Maintenance Plan L ounty 80cc nda Item No. 8B 1 r6E ?6 ") 2 e o of 11 A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and native plant installation. For the first two years following the initial treatment each mitigation area will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second year, inspections and treatments will be conducted annually during the dry season. G.21 Wetland Mitigation Monitoring Plan The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of time -zero monitoring and annual monitoring of vegetation. The time -zero report will document the conditions immediately following wetland restoration (i.e., exotic removal and restoration area plantings). The annual reports will document the extent of success of the project and, if needed, identify specific actions to betaken to improve conditions within the project area. Sampling stations and methodology of data collection will remain the same for all monitoring events. G.21(1) Vegetation Monitoring The vegetation within the wetlands will be monitored using the line intercept methodology. A 300.+ feet long transect will be established in representative portions of each wetland area. A measuring tape.will be stretched along the transect and the plants occurring directly below (ground cover) and above (mid -story and canopy) the tape will be recorded at 3f feet intervals along the transect. Ground cover species include woody vegetation less than three feet in height and all non -woody plants. Mid - story vegetation consists of all woody plants greater than three feet in height and less than 4 inches DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground and open sky will also be recorded in this manner. The resulting data will be used to calculate percent cover of the three strata. G.21(2) Wildlife Monitoring Regular observations of fish and wildlife will be made during all monitoring events by qualified ecologists. This will consist of recording evidence and signs of wildlife (i.e., direct sighting, vocalization, nests, tracks, droppings, etc.). G.21(3) Photographic Documentation Permanent fixed -point photograph stations will be established in each of the monitored areas thereby providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program G.2.f(4) Rainfall and Staff Gauge Recordings A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be recorded twice a month during the wet season (June — September) and once a month during the dry season (October — May). A rain gauge will also be established in the vicinity of the two freshwater sites. The mangrove restoration area is tidally influenced, Therefore staff gauge and rainfall data is not required for this component of the mitigation plan. Agenda Item No. 8B January 23, 2007 Page 96 of 260 Lely Area Stormwater Improvement Project Mitigation Plan Schedule Parcel Information Parcel Nurnber Mffigalon Area 1 2 3 Mitigation Area Size acres 10.1 99.0 1.6 Mitigation Description Enodc V". Removal Replant V Mh Neon E- 11 Vea, Remov* Replant NOwe Spedw Reprade to Match &wwAu V Mwown Area. Repko wlh Cwdp- Scheduled Acdvlty Com letlonf8ulmni tal Dates Initial Exotic Species Removal Parcells 1 and 2 Dec. 31 2006 Dec. 31 2006 WA Regrading Paroel3 WA WA Dec. 312007 NativelS PI June 30 2007 June 30 2007 June 30 2008 Time Zero Monitoring Report submMed Maintenance Plan Initiated July 31 2007 July 31 2007 July 31 2008 First Monitoring Report July 31 2008 July 31 2008 July 31 2009 2nd Monitoring Report July 31 2009 July 31 2009 July 31 2010 3rd Monitoring Report July 31 2010 July 31 2010 July 31 2011 Area 1 and 2 Canal Improvements and Control Structure Instalation Dec. 31 2010 Dec. 31 2010 WA 4th Monitoring Report July 31 2011 July 31 2011 July 31 2012 5th Monitoring Report Oast) July 31 2012 1 July 31 2012 1 July 31 2013 Prepared by Collier County Stormwaier DepL 7/22105 Collier County BOCC L.ASIP SAJ- 2003 -10680 (IP -MJD) July 19, 2005 Dino 9'I of f+ / - SOUT.. FLORIDA WAFER MANAGEMENT i .STRICT Agenda Item No. 8B January 23, 2007 ENVIRONMENTAIL RESOURCE Page 97 of 260 PERMIT MODIFICATION VO. 11- 01140 -5 DATE ISSUED: OCTOBER 13, 2004 FORM OnS7 Ray. ow PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (WMD 6 LELY AND LELY MANOR) 3301 TAMIIIMI TRAIL EAST. NAPLES, FL 34112 ORIGINAL PERMIT ISSUED: SEPTEMBER 9, 1993 ORIGINAL PROJECT DESCRIPTION: CONSTRUCTION AND OPERATION APPROVAL FOR A SURFACE WATER MANAGMENT SYSTEM TO SERVE 8300 ACR DISCHARGING TO PERIWINKLE 13AYANTERCOASTAL WATERWAY AND SANDHILL BAY. APPROVED MODIFICATION: CONSTRUCTION AND OPERATION AUTHORIZATION OF AN ENVIRONMENTAL RESOURCE PERMIT FOR WMD6 LELY AND LELY MANOR TO INCLUDE A SURFACE WATER MANAGEMENT SYSTEM SERVING THE 239.7 ACRE PHASE I OF THE SURFACE WATER MANAGEMENT SYSTEM, WETLAND IMPACTS, AND MITIGATION OF THE PROJECT WITH DISCHARGE INTO WATERS OF DOLLAR BAY AND ROOKERY BAY AND CONCEPTUAL APPROVAL FOR THE REMAINING 89.7 ACRES OF THE 329.4 ACRE PROJECT. PROJECT LbCATION: COLLIER COUNTY, SECTION 3- 10,15 - 25,29 -31,36 TWP 50S RGE 26E _ - PERMIT DURATION: See Special Condition No. 1. See attached Rule 40E- 4.321, Florida Administrative Code. This Permit Modification is approved pursuant to Application No. 980828 -1, dated August 28, 1998. Permittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of any activities authorized by this Permit. This Permit is issued under the provisions of Chapter 373, Part IV Florida Statutes(F.S.), and the Operating Agreement Concerning Regulation Under Part IV, Chapter 373 F.S. between South Florida Water Management District and the Department of Environmental Protection. Issuance of this Permit constitutes certification of compliance with state water quality standards where necessary pursuant to Section 401, Public Law 92 -500, 33 USC Section 1341, unless this Permit is issued pursuant to the net improvement provisions of Subsections 373.414(1)(b), F.S., or as otherwise stated herein. This Permit Modification may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S., and Sections 40E- 4.351(1), (2), and (4), Florida Administrative Code (F.A.C.). Ibis Permit Modification may be transferred pursuant to the appropriate provisions of Chapter 373, F.S., and Sections 40E- 1.6107(1) and (2), and 40E- 4.351(1), (2), and (4), F.A.C. All specifications and special and limiting /general conditions attendant to the original Permit,unless specifically rescinded by this or previous modifications, remain in effect. This Permit Modification shall be subject to the General Conditions set forth in Rule 40E- 4.381, F.A.C., unless waived or modified by the Governing Board. The Application, and Environmental Resource Permit Staff Review Summary of the Application, including all conditio: and all plans and specifications incorporated by reference, are a part of this Permit Modification. All activities authorized by this Permit Modification shall be implemented as set forth in the plans, specifications, and performance criteria as set forth and incorporated in the Environmental Resource Permit Staff Review Summary. Within 30 days after completion of construction of the permitting activity, the Permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E -4.361 and 40E- 4.381, F.A.C. In the event the property is sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer is approved by the District pursuant to Rule 40E- 1.6107, F.A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2 - 5 OF 1 (29 SPECIAL CONDITIONS). SEE PAGES 6 - 8 OF 1 (19 GENERAL CONDITIONS). PERMIT MODIFICATION APPROVED BY THE GOVERNING BOARD OF THE SOUTH LORIDA WATER MANAGEMENT DISTRICT FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON �y""N1% B V, l(C� �G ACTING DISTRICT CLERK PUTY CLERK �'�►�'O PAGE 1 OF 1 SEAL - - -- r 04a 4% a PUDZ -A- 2006 -AR- 9021 +llbllrlbla ,��s' PROJECT #2006040027 DATE: 4/25/06 • HEIDI WILLIAMS PERMIT N6gendpllT Nco-S§ PAGE 2 OF Rge 23, 2207 P e 98 of 260 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface rater management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 4. Thg permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation.of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal: vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and �ct tto a ti^ , of the S ^d --mcn �, 2� .�� n, and/or turbidity controls --hal l he sub,--,-- PERMIT N %endPf�RW8§ PAGE 3 dgnLigary 23, 2007 Page 99 of 260 District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. In addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from PERMIT Nendttk -8�3 PAGE 4 O nary 23, 2007 Cage 100 of 260 their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction of placing buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic vegetation removal and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. _ 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and /or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E -4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (1500') zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos_ 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. PERMIT N %endlJrfA�108.-IB PAGE 5 04pnt8ary 23, 2007 Page 101 of 260 26. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. PERMIT N h;gend4ttP4-1,'49. -§3 PAGE 6 - i-Ingary 23, 2007 Page 102 of 260 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F. S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0681A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved PERMIT Noigen(44aP;1M -�Ft PAGE 7 O#angary 23, 2007 Page 103 of 260 drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, -the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. PERMIT NWgend1a1ftP ;k49.-�% PAGE 8 0jant@ary 23, 2007 Page 104 of 260 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages,_ cl §ims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized --by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. tit.ht hhgti. -a Agenda Item No. 8B January 23, 2007 SOUTH FLioRIDA WATER MANAGEMENT DISTRICT Page 105 of 260 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -800 -432 -2045 • TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Pabn Beach, FL 33416 -4680 • w%rwsfwmd.gov RECEIVED October 12, 2004 Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Subject: Appplication No. 980828 -1, WMD 6 Lely and Lely Manor Collier County, S3- 10,15- 25,29- 31,36/T50S/R26E OCT 14 2004 STORMWATER MGMT. Enclosed is a copy of the South Florida Water Management District's staff report covering the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff report will be presented to our Governing Board for consideration on Wednesday, October 13, fo 2004. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights ") to: Elizabeth Veguilla, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416 -4680 The "Notice of Rights" addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. You are advised, however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. CERTIFICATE OF SERVICE I IJEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 12 day of October, 2004 in accordance with Section 120.60 (3), Florida Statutes. Sincerely, Damon Meiers, P.E., Deputy Director Environmental Resource Regulation Department DM /gh CERTIFIED #7002 3150 0003 3738 9405 RETURN RECEIPT REQUESTED GOVERNING BOARD EXEcu -riyE OFFICE Nicolas 1. Gutierrez, Jr., Esq., Chair Michael Collins Kevin McCarty Henry Dean, F— recrlti2M Dirertor Pamela Brooks - Thomas, Vice -Chair Hugh M. English Harkley R. Thornton Lrela M. Bague Lennart E. Lindahl, P.E. Trudi K. 1A'ilhams, P.E Agenda Item No. 813 January 23, 2007 Page 106 of 260 NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or S. 120.68; shall indicate 'the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights, Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's ( SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla, Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitiong miigt glihGtantially rornpiv with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications - for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within P days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a, or b. above. - e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28- 107.005 and 40E- 1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: if the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla, Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a p�ttitinn rnaane that the SF�n MD's final !3 tinn may bE different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August, 2000 any such final decision of the SFWMD shall have, pursuant to Rule 40E- 1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing'. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla. Admin. Code, persons may fife with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other .parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must fie with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected, If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15" Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any storrnwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. Agenda Item No. 813 January 23, 2007 Page 107 of 260 DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42 -2.013 and 42- 2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no .later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specif ic use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may fife a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28- 106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Revised August: 2000 publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28- 106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial. interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement, If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28- 106.201(2), Fla. Admin, Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify ail parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of falmess (as those terms are defined in Subsection 120.542(2), Fla. Stat,) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; Agenda Item No. 8B January 23, 2007 Page 108 of 260 (c) The name, address telephone number and any facsimile number of the attorney or qualifier representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule is implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla, Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than• the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28- 106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. Rev!sed August, 2000 28-106.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, If known; (b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course Df the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42 -2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) in any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373; F.S., or rules duly adopted thereunder; Agenda Item No. 8B January 23, 2007 Page 109 of 260 (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) if review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) the 14 -day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120,60, F.S. 40E -1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Revised August, 2000 Aaenda Item No. 813 January 23, 2007 Page 110 of 260 Last Date For Agency Action: 14 -OCT -2004 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Wmd 6 Lely And Lely Manor Permit No.: 11-01140-S Application No.: 980828 -1 Associated File: 030317 -24 WU Application Type: Environmental Resource (Conceptual Approval And Construction /Operation Modification) Location: Collier County, S3- 10,15 - 25,29- 31,36/T50S/R26E Permittee : Collier County Board Of County Commissioners Operating Entity : Board Of County Commissioners Project Area: 329.4 acres Project Land Use: Government Drainage Basin: WEST COLLIER Receiving Body: Dollar Bay and Rookery Bay via wetlands Special Drainage District: NA Total Acres Wetland Onsite: 130.60 Total Acres Wetland Preserved Onsite: 91.60 Total Acres Impacted Onsite : 40.60 Total Acres Presv /Mit Compensation Onsite: 111.70 Conservation Easement To District : Yes Sovereign Submerged Lands: No DRAFT Subject to Gownmg Board A�tpt�oral Sub Basin: LELY CANAL DISTRICT 6 Class: OFW PROjE:CT -PURPOSE: This application requests Construction Authorization of an Environmental Resource Permit for a 239.7 acre project, part of the Lely Area Stormwater Improvement Project (LASIP) f.k.a. WMD6 Lely and Lely Manor, to include Phase One for portions of the surface water management system, wetland impacts, and mitigation as shown on Exhibit 2.54 with discharge into waters of Dollar Bay and Rookery Bay. In addition, this application requests Conceptual Authorization for the remaining 89.7 acres of total 329.4 acre LASIP project to include system improvements, wetland impacts and mitigation, serving an 11,135 acre area of Collier County known as the Lely Area Stormwater Improvement Project (LASIP) f.k.a. WMD6 Lely and Lely Manor as shown on Exhibit 2.01. App.no.: 980828 -1 Page 1 of 18 Agenda Item No. 813 January 23, 2007 Page 111 of 260 PROJECT EVALUATION: The LASIP drainage area is generally bounded by Radio Road on the north, Collier Boulevard (C.R.951) on the east, Wetlands of Dollar Bay and Rookery Bay on the South, and a FPL Transmission facility and Haldeman Creek on the west. A location map is provided as Exhibit 1. Two basins comprise the LASIP drainage area, consisting of the Lely Canal Basin (LCB) in the westerly portion of the area and1he Leiy Manor Basin (LMB) in the easterly portion of the area. The Lely Canal Basin discharges into an estuarine coastal zone along the intracoastal waterway near Dollar Bay. The Lsly Manor Basin discharges into an estuarine coastal zone near the headwaters of Sandhlll Bay and eventually into Rookery Bay. Exhibit 2.01 of the project plans provides locations of the seven regions which the project is broken into. Regions 1 through 3 constitute the Lely Canal Basin, Region 4 is a tributary to the Lely Canal Basin, the Lely Branch, and Regions 5 through 7 are divisions of the Lely Manor Basin. Land uses within the regions were identified and wetland areas delineated. Wetland jurisdictional determinations were completed with District and Corps staff in specific basins only. Detailed mapping /surveying of the wetlands beyond what is approved under Phase i will need to be conducted and approved by District staff prior to the approval of additional construction Phases. Each subsequent construction phase will need to clearly delineate the project boundaries, identify the wetlands /other surface waters to be impacted, and have the wetland lines surveyed and approved by District staff. Land uses and wetlands are identified within Exhibits 3,4 and 10. There are a total of 40.6 acres of wetlands that will be adversly affected by the proposed project. These areas have been included within the construction phase of the project along with the mitigation areas. MR ,r AARPR, EJECT: The LASIP project includes a system of conveyances, control structures, and spreader lakes and berms to provide a comprehensive outfali system for the LASIP area to alleviate flooding impacts. The LASIP area (formerly known as Water Management District # 6) has for years experienced flooding pressures as development in the area continues. Several alternatives were reviewed including a complete Alternatives Analysis, included with the permit file. The following is a general description of the recommended alternative within each of the two basins to mitigate the flooding hazard while preventing over drainage from occurring. Lely Canal Basin - The existing Lely "Main" Canal flows from Rattlesnake Hammock Road south then west, parallel to Rattlesnake Hammock Road, then south again and through the bridges at U.S. 41 and south until it discharges into an estuarine coastal zone along the Intracoastal waterway near Dollar Bay. There are no existing weirs in the "Main" Canal. The flow capacity of the canal and structures in the "Main" Canal upstream of the U.S. 41 bridges will be increased via reductions in head loss to maintain and improve flood protection. At the downstream discharge of the "Main" Canal a spreader lake with a control berm elevation of 2.5' NGVD will be constructed to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge. South of Rattiesnake- Hammock Road a weir will be constructed at Doral Circle to raise the normal stage elevation to 4.0' NGVD to eliminate existing over drainage. This weir will help extend the existing wetland hydroperiods, The "Main" Canal system will be extended upstream using the storm -water management system of the Royal Wood Development. A network of smaller canals, weirs and swales will provide flood relief without over draining existing wetlands. One new canal system will be extended from the northeast comer of Royal Wood to serve the northeast portion of the Lely Canal Basin area. The canal will extend from Royal Wood upstream to the southern edge of a wetland area near Cope Lane. Three weirs will be placed in this canal to maintain water levels in the wetland areas and to allow flows to continue to pass through a historic slough lying in a north east to south west direction, across Cope Lane, Country Road and Whitaker Road. Weir elevations were established using existing average wet season water table elevations within App.no.: 98DB28 -1 Page 2 of 18 Agenda item No. 8B January 23, 2007 Page 112 of 260 the upstream wetlands. Tailwater elevations created by the closed weirs were reviewed to insure wetland areas remain inundated during the wet season, while the closed weirs help lengthen the wetland hydroperiods by reversing the existing drainage conditions. Swale improvements along Cope Lane, Country Road and Whitaker Road will provide lateral distribution of excess flow into the proposed canal. Water levels in these swales will also be maintained by the downstream weir control elevations. The weir structures have gates to allow lowering water levels if needed after or in preparation for a major storm event. Also, an east to west canal will collect part of the drainage from the area along Sandy Lane. This canal will also provide a cross -basin connection that will normally be closed, but in special emergency situations can be opened to allow interconnection of the Lely Canal Basin and the Lely Manor Basin systems. A culvert and canal system will also extend from the northwest corner of Royal Wood up to Whitaker Road. It will provide added capacity for the downstream end of the slough and the area between Royal Wood and Whitaker. A tributary called the "Branch" joins the Lely "Main" Canal a short distance upstream of the U.S: 41 bridge and east of the intersection of U.S. 41 and Rattlesnake Hammock Road. The `Branch" provides drainage for the developed area along the FPL right -of -way north of Rattlesnake Hammock Road, the areas surrounding Loch Louise and Crown Point developments located south of Davis Boulevard, and the developments along the north side of Davis Boulevard. The capacity of the "Branch" will be increased downstream of Loch Louise, the Loch Louise weir wll be reconstructed and a new weir constructed at the northern end of the existing triple box culverts under Davis Blvd., and the collection system extended along the north side of Davis Boulevard to its full planned length east of Santa Barbara Blvd. The project along the "Branch" system also includes constructing a weir structure at the intersection of the Haldeman Creek Basin system and enclosing an existing ditch south of Loch Louise (the north ditch of Riviera) in a storm drain. Elsewhere in the Lely "Main" Canal system, improvements associated with two road projects, Rattlesnake Hammock Road (existing) and County Barn Road (future project), will have stormwater improvement features either constructed or made active. The majority of wetland impacts are related to modifications involving widening and deepening existing canals to increase flow capacities. However, there are some areas where new canal and swale construction will create new wetland impacts. The capacity of the Lely "Main" Canal downstream of U.S. 41 is to be increased and head loss reduced to maintain flood protection by excavating a larger cross section and constructing an outlet spreader lake designed to flow into existing wetlands immediately to the south, west and east of the canal. Wetlands will be impacted by this construction, but impacts are offset by the improved flow conditions into the existing receiving estuarine wetland area. Leiy Manor Canal - The Lely Manor "Main" Canal collects storm water from within the Naples Manor subdivision, developments to the north, and from the drainage area to the northeast of Naples Manor subdivision. Storm water then flows west to the U.S. 41 culvert, which discharges into a wide canal oriented east to west, eventually discharging into a large fresh water marsh. The lower portion of the Manor "Main" Canal begins south of the marsh and discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually Rookery Bay. A number of smaller canals provide internal drainage for the Naples Manor subdivision and discharge into the U.S. 41 road ditch. Storm water in the road ditch flows through three additional culverts, to the south, and then to the west to the lower main canal. Capacity of the main canal will be increased downstream of U.S. 41 to provide flood relief for upstream areas. Additionally, a weir will be constructed to prevent over drainage of the large wetland marsh and a spreader lake will be constructed to prevent over drainage while eliminating the current problem of a freshwater point discharge. A new north /south canal system will also be created roughly along the east side of Sections 30 and 31 of Township 50 South Range 26 East (identified in the plan under Phase 1 construction as the main outfall for Reaion 5 East). The existing canals that currently divide an historic slough /flowway will be abandoned (by future development plans of the land owner), a pump station will be App.no.: 980828 -1 Page 3 of 18 Agenda Item No. 813 January 23, 2007 Page 113 of 260 installed to re- hydrate the slough, capacity improvement will be made to the existing canals extending from - U.S. 41; and a new discharge point will be created by constructing a spreader lake adjacent to another wetland flowway system that has been out off from historic sheet flow for many years. Elements of these improvements are included in this application for Construction and operation authorization and are being implemented in conjunction with the Construction and Operation authorization of Permit No. 11- 02324-P / Application No. 030509 -7. Capacity improvements to the north perimeter canal of Naples Manor upstream of U.S. 41 include constructing a weir at Warren Street to reduce current over drainage impacts to adjacent wetlands. Additional, capacity improvements will be made to the canal along the north side of U.S. 41 to allow for lateral distribution of stiormwater to all the culverts crossing beneath U.S. 41. For safety and capacity reasons, one existing channel within the Naples Manor subdivision will be enclosed in a pipe. Upstream of the Napiies Manor subdivision, the southern end of the existing Rattlesnake- Hammock slough will be bermed and a discharge weir constructed to prevent current over drainage into the north perimeter ditch of the Naples Manor subdivision. North of Rattlesnake- Hammock Road the existing piecemeal system of diitches will be modified to create a manageable stormwater system. Strategically located culverts, weirs„ and channel improvements will direct stormwater flow exiting remnants of the northern end of the Rattlesnake Hammock slough. Weirs are located with control elevations to provide flood protection and maintain the hydroperiod of adjacent wetlands. A major component of this reconstruction involves connecting the existing perimeter canals around the Wing South Airpark into the Lely Manor Basin canali system. The areas of wetland impact are at and near spreader lakes discharge point, the wide main canal south of U.S. 41 and the lower main canal, the new Region 5 East outfall canal, areas near the County's South County Water Reclamation Facility, and areas around the Wing South Airpark. These impacts are minimized by the installation of weirs to maintain water levels and to promote replenishment of existing wetland areas in the lower and upper parts of this basin. A weir is proposed at the upper end of the lower main canal to maintain, water levels in the fresh water marsh. A weir is also included north of the Wing South Airpark to mairVAain water levels in the extensive wetland preserve areas of developments to the north. The majority of wetfalnd impacts are related to modifications involving excavating existing canals. However, there are some areas where new canal and spreader lake construction will create new wetland impacts. This application, includes construction and operation authorization for portions of Region 2 within the Lely Canal Basin and Region 5 East within the Lely Manor Basin, as depicted on Exhibit 2.54 and detailed in Exhibits 2.55 through 2.94. Specific improvements include channel improvements within the Lely "Main" Canal extending from U.S. 41(STA 85 +81) northward to Rattlesnake Hammock Road (STA 105 +24.80) and within the "Branch" from Rattlesnake Hammock Road (STA 6 +00) north to STA 58 +67.58. Improvements within. Region 5E include constructing the Lely Lakes East outfall from U.S. 41 (STA 79 +41.30) southward to STA 7 +91.30, and include the Lely Manor Canal spreader lake. Approximately 11.8 acres of Other Surface Waters and 19.2 acres of wetlands will be impacted by the Phase 1 construction:. Phase 1 construction impacts are shown on Exhibits 4a through 4c included in Appendix F of the permit application. ,. t`i�'...-l�..A�ti CUP !,'.�"w; App.no.: 980828 -1 Page 4 of 18 Agenda item No. 8B January 23, 2007 Pane 114 of 260 Conceptual: Area (ac) Project Area Water Mgnt Acreage 205.78 Preserved 110.1 Pervious 13.52 Construction: Project: Total: 329.4 This Phase Pervious 87.60 acres Preserved 110.10 acres Water Mgnt Acreage 42.00 acres Total: 239.70 The Lely Main Canal Basin discharges via a spreader lake at the terminus of the main canal LCB -00- 00003. The Lely Manor Canal Basin discharges via spreader lakes at the terminus of main canals LMB- 00 -00001 and LMB- 01- C0005. The combined discharge for all three canals is 1,509 cfs, which equates to 86.7 CSM, for the drainage area served by the LASIP system and meets allowable discharge rate of 0.15 cfslacre in accordance with Collier County Ordnance 90 -10. This compares with the pre - development discharge rate of 1,105 cfs. The two Lely Manor outf all canals and spreader lakes are connected together by the large channel section along the east side of US 41. Therefore, the two flows are combined to comprise the total flow out of the Lely Manor Basin. The two outfall systems function as parallel channels. tD�ischarg�e{ structures will be in accordance with the information provided in Exhibit 11 a - 11 i. r..r _aim s, .. �...z� . w `."••w#'4 Water quality structures will be in accordance with Exhibits 11a - 11i. In addition, an Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality for all phases of the project. Construction and daily operation of the project shall be conducted in accordance with Special Condition Nos. 24 - 26 and Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 which are incorporated by reference and shall be retained in the permit file. In addition, potential water quality impacts related to erosion and sedimentation will be controlled in accordance with the current edition of the FDOTs Standard Specifications for Road and Bridge Construction. In addition, a project- specific Stormwater pollution Prevention Plan (PPP) will be prepared and implemented during each phase of the construction. No adverse water quality impacts are anticipated as a result of the proposed project. Lely Main Basin App.no.: 980828 -1 Page 5 of 18 Agenda Item No. 813 January 23, 2007 Page 115 of 260 Region.1 This basin contains the Main Lely Canal south of U.S. 41. A natural upland ridge separates the canal from a large freshwater swamp /marsh mosaic marsh located east of the canal. Wetland jurisdictionals have been completed with the SFWMD and COE staff. Region 2 Located within the central portion of the Lely Canal Basin, the majority of this region has been developed as residential and golf course communities. Wetland delineations have been completed for lands within the C &O phase of this application. Region 3 This region represents the northern limits of the Lely Canal Basin and includes areas primarily developed with single - family residences. A historic fiowway is located within this region. Although land uses have been delineated, no jurisdictionai determinations have been completed. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Region 4 This region represents a tributary system, the Lely Branch, which drains lands in the vicinity of Davis Boulevard, into the Lely Canal Basin. Lands within this region are primarily developed as residential, roadways and open water. Two undeveloped areas remain within the basin. Wetland jurisdictional determinations have not been completed. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Lely Manor Basin Region 5 Regions 5W and 5E are located within the Leiy Manor Basin. Coastal habitats are located to the south and agricultural land is to the east. Region 5 discharges to Rookery Bay, an Outstanding Florida Water. Land uses have been delineated for this region and are shown on the project plans. A large freshwater swamp /marsh is located within the region and represents the key hydrologic component in the area. This marsh currently receives water from an existing east -west canal which receives drainage via a culvert beneath U.S. 41. Region 6 This region includes developed areas located within Lely Golf Estates and Naples Manor subdivision in addition to some smaller residential developments. With the exception of one wetland located north of the northeast corner of Naples Manor, this basin is developed. Region 7 This region includes lands extending from Naples Manor northward to the intersection of Davis Boulevard and CR 951. Essentially the basin is comprised of 3 parts. This region contains a significant wetland slough system, much of which has been preserved in recent permits. Wetland delineations have been completed by others for those areas located within existing permits. A formal wetland determination will be completed for this project at the time of application for construction in this region. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Wetland Impacts: Approximately 4f.6 acres of wetlands will be impacted by the proposed improvements. Wetland impacts are directly related to the widening of existing canals and drainage swales, installation of new weir App.no.: 980828 -1 Page 6 of 18 Agenda Item No. 8B January 23, 2007 Page 116 of 260 structures, and the excavation of one new canal. Secondary wetland impacts have been avoided through the incorporation of operable weir structures within the drainage canals set at elevations comparable to existing wet season water table elevations within the adjacent wetlands. Incorporation of these weirs into the project design will help extend the wetland hydroperiods at the end of the wet season, prevent overdrying as the dry season extends, and trap the first rains as the wet'season begins. Hydrographs were produced based on a 5 year /24 hour storm event for the various basins that demonstrated wetland hydroperiods will be maintained and/or lengthened for that storm event. Drawdown discussions associated with the drainage improvements for each basin is included within Appendix E of the permit application. Approximately 60 acres of Other Surface Waters, consisting primarily of existing drainage canals, ditches and swales, will be affected by the overall project. These waters will not be permanently impacted nor will wetland functions be lost due to these impacts. The following table provides the breakdown of wetland and other surface water impacts by region. To minimize impacts to downstream receiving waters, and associated wetlands, spreader lakes will b constructed at the southern end of the Lely Main Canal and the Lely Manor Canal. The Lely Main Spreader Lake will measure approximately 9.6 acres and will extend across the existing canal, approximately 700 feet upstream of the existing canal terminus. The 700 ft. of canal will be backfilled and regraded to match the adjacent wetland (mangrove) elevations. The proposed spreader lake was, located in an area where wetland impacts could be minimized. Approximately 7.1 acres of wetland impact and 4.4 acres of other surface water impacts will occur as a result of the lake construction. Impacts are confined to primarily Brazilian pepper and Hydric Pine flatwoods. The Lely Manor Spreader lake measures approximately 11 acres and is located at the canal terminus in Section 36. Construction of this lake will result in approximately 3.7 acres of impacts to Hydric Pine flatwoods. Wetland impacts are depicted on Exhibits 3 and 4 and are contained in Appendix F of the permit application. The proposed construction Phase I of this application includes all of the proposed impacts to wetlands and other surface waters, and implementation of the mitigation activities. The drainage improvements associated with Phase I are limited to portions of Regions 2, and 5E. Approximately 8.9 acres of OSWs will be impacted by the proposed construction in Region 1, 2 and 3. An additional 2.9 acres of OSWs and 10.6 acres of wetlands will be impacted by the proposed construction in region 5E. Of the total Region 5E impacts, approximately 8.6 acres of the wetland impacts are located within the boundaries of the Lely Lakes proposed development. Phase 1 construction impacts are shown on Exhibit 4 and are included in Appendix F of the permit application. Mitigation Proposal: The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the wetlands functions in areas proposed for impacts. A summary table of WRAP scores can be found in Appendix G of the permit application. Using WRAP, it was determined that the 40 acres contained within the construction area represents 25.85 functional units. Mitigation opportunities are limited in the southern and central portions of the LASIP project area due to existing developments, real estate prices, and lack of willing sellers. Collier County pursued the purchase of two separate parcels of land, measuring 10.1 acres (Section 9, Township 50 South, Range 26 East) and 99.2 acres (Section 15, Township 50 South, Range 26 East). Both parcels are contiguous to existing mitigation areas (Exhibit 5). Land Use descriptions and vegetation summaries are located within Appendix G of the permit application. Each parcel was mapped and evaluated using WRAP. Exhibit 6 provides FLUCCS maps and WRAP scores for the mitigation parcels. Based on the completed WRAP analysis, the proposed mitigation areas provide 48.81 functional units in the pre - enhancement condition. Proposed mitigation within both parcels will consist of hydrologic improvements, exotic species removal and control combined with replanting efforts, and preservation of native uplands. Within the 10.1 acre parcel, 2.6 acres of cypress enhancement, 3.5 acres of cypress -pine enhancement , and 3.8 acres of hydric pine flatwoods enhancement will be completed. In addition, .2 acres of an existing water management berm will remain undisturbed. Within the 99,2 acre parcel, enhancement of 12.2 acres of cypress, 46.0 acres of cypress -pine wetland, and 20.5 acres of hydric pine flatwoods is proposed. In App.no.: 980828 -1 Page 7 of 18 Agenda Item No. 813 January 23, 2007 Page 117 of 260 addition, 19.9 acres of native uplands will be preserved and enhanced and .6 acres within the road right - of-way will remain undisturbed. The existing wetlands are currently drained-via a breach between the"wetlands and an adjacent canal. This breach provides a direct connection to the canal which serves to funnel surface water away from the wetland. The proposed LASIP improvements include improvements to the existing canal berm combined with construction of a permanent weir at the breach location. Both mitigation parcels are dominated with exotic species, primarily melaleuca. In areas of greater than 50% cover by exotics, the melaleuca will be controlled via either mechanical clearing or hand cutting. In areas of less than 50% cover by exotics, the exotics will be removed by hand. Exotic trees will be cut just above natural grade and the stump treated with an appropriate herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Treatment of exotics will also occur within the native upland communities. Once the exotics have been treated and/or removed, the wetlands will be planted as needed with native species. A conceptual planting plan is included in Exhibit 6. Deeper portions of the sites will be planted with cypress and transitional areas will be planted with slash pine. Intermediate elevations will be planted with a mix of cypress and slash pine. Trees will be container grown, 6 in height, and planted in random patterns at densities of 200 trees per acre. Ground cover species will be planted at densities of 4,840 plants per acre in areas that contain less than 33% cover by native ground cover species following exotic treatment. In addition to enhancement activities within the 10.1 acre and 99.2 acre sites, mangrove restoration activities will occur within a 1.6 acres area adjacent to the Lely Main Canal. In this area a portion of the canal and the adjacent maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast. The area will be planted with salt marsh cordgrass to stabilize the substrate. Mangrove plantings are not proposed and it is assumed the areas will revegetate via natural recruitment. If mangroves do not become established after two growing seasons, mangrove planting will be undertaken. A post enhancement WRAP was performed for the three mitigation parcels. The results of this assessment indicate that following the completion of mitigation activities, these parcels will represent 82.81 functional units. This represents a lift of 34 functional units from existing conditions. Post Enhancement WRAP data is included in Exhibit 6. Mitigation in excess of what is required to compensate for the projects proposed 40.6 acres of wetland impact has been provided. A wetland maintenance and monitoring plan is included in Exhibits 6.1 -6.33. The maintenance and monitoring, and mitigation plan shall be conducted in accordance with Exhibits 6.1- 6.33,9. Turbidity, erosion, and sediment constrols will utilized during any activity that occurs within wetlands, other surface waters, or in areas that discharge into waters of the United States. Cumulative Impact Assessment: This project was evaluated in conjunction with other projects that have been permitted within the area. in addition, the project has been evaluated for direct, secondary, and cumulative impacts and to determine if the project is contrary to the public interest. The drainage improvements were designed to maintain seasonal high elevations in order to prevent adverse impacts to the hydroperiods of potentially affected wetlands. The mitigation provided for the adverse impacts associated with the proposed project is located within the same drainage basin where the wetland impacts are proposed. The mitigation provided for this project offsets the wetland functions impacted as result of the activities proposed by this project. Based on the proposed design, the District has determined the project will not cause secondary or cumulative impacts to the water resources and is not contrary to the public interest. App.no.: 980828 -1 Page 8 of 18 Wetiand inventory : CONCEPTUAL NEW -Lely Area Improvement Project Agenda Item No. 813 January 23, 2007 Page 118 of 260 ONSITE Pre - Development Total Impacted Post - Development Preserved Restored/ Total Impacted Undisturbed Enhanced Preserved Restored/ Fresh Water Forested Existing 40.60 1.40 88.60 88.60 Created Fresh Water Forested 130.60 40.60 1.40 88.60 88.60 Other Surface Waters 60.10 60.10 .00 1.60 1.60 Salt Water Forested .00 .00 1.00 19.90 1.60 1.60 Upland 138.70 .00 1.00 19.90 19.90 1.60 Total: 329.40 100.70 2.40 108.50 110.10 1.68 Wetland Inventory: CONSTRUCTION MOD -Lely Area improvement Project Pre - Development I Post- Developmeni ONSiTE - In March 2003 the U.S. Fish and Wildlife Service (USFWS) issued a Section 7 letter for the proposed project to the Corps of Engineers. The USFWS provided a determination of may affect, not likely to adversely affect the wood stork, red cockaded woodpecker, Eastern indigo snake, and American crocodile. USFWS provided a no effect determination for the West Indian manatee. A bald eagle nest tree is located on private property about 300 feet west of the Lely Main Canal. This nest was documented as being active in the 2001 and 2002 breeding seasons. The nest was documented as having fallen from the nest tree in May 2002 and was not rebuilt at the time of surveys conducted by Kevin L. Erwin Consulting Ecologists in December 2002 and January 2003. In July 2002 a bald eagle management plan was provided to USFWS. A revised plan was submitted to the Service in August 2002, In November 2002, the Corps revised the initial determination of may affect and requested the Service initiate formal consultation. A final determination has not been issued to date. The applicant is not proposing any construction activities within this area as part of Phase 1. Prior to initiating construction beyond Phase I an eagle management plan will need to be provided that is consistent with USFWS guidelines, approved by District, and provide reasonable assurances pursuant to 40E -4, F.A.C. that Bald Eagles will not be adversely impacted by any future phases of development. This permit does not relieve the applicant from complying with all applicable rules and any other agencies? requirements If, in the future, additional endangered/threatened species or species of'special concern are uioi.GVcr cu vi ionc. App.no.: 980828 -1 Page 9 of 18 Total Impacted Undisturbed Enhanced Preserved Restored/ Existing Created Fresh Water Forested 130.60 40.60 1.40 88.60 88.60 Other Surface Waters 60.10 60.10 Salt Water Forested .00 .00 1.60 1.60 Upland 49.00 .00 1.00 19.90 19.90 Total: 239.70 100.70 2.40 10850 110.10 1.60 - In March 2003 the U.S. Fish and Wildlife Service (USFWS) issued a Section 7 letter for the proposed project to the Corps of Engineers. The USFWS provided a determination of may affect, not likely to adversely affect the wood stork, red cockaded woodpecker, Eastern indigo snake, and American crocodile. USFWS provided a no effect determination for the West Indian manatee. A bald eagle nest tree is located on private property about 300 feet west of the Lely Main Canal. This nest was documented as being active in the 2001 and 2002 breeding seasons. The nest was documented as having fallen from the nest tree in May 2002 and was not rebuilt at the time of surveys conducted by Kevin L. Erwin Consulting Ecologists in December 2002 and January 2003. In July 2002 a bald eagle management plan was provided to USFWS. A revised plan was submitted to the Service in August 2002, In November 2002, the Corps revised the initial determination of may affect and requested the Service initiate formal consultation. A final determination has not been issued to date. The applicant is not proposing any construction activities within this area as part of Phase 1. Prior to initiating construction beyond Phase I an eagle management plan will need to be provided that is consistent with USFWS guidelines, approved by District, and provide reasonable assurances pursuant to 40E -4, F.A.C. that Bald Eagles will not be adversely impacted by any future phases of development. This permit does not relieve the applicant from complying with all applicable rules and any other agencies? requirements If, in the future, additional endangered/threatened species or species of'special concern are uioi.GVcr cu vi ionc. App.no.: 980828 -1 Page 9 of 18 Agenda Item No. 8B January 23, 2007 Page 119 of 260 Species Potential Occurence Use T es Bald Eagle Reported Sightings Nesting Big Cypress Fox Squirrel Preferred Habitat Foraging Nesting Eastern indigo Snake Preferred Habitat Foraging Gopher Frogs Preferred Habitat Foraging Gopher Tortoises Preferred Habitat Foraging Red Cockaded Woodpecker Preferred Habitat Foraging Nesting Woodstork Reported Sightings Foraging "' �} , .SCS ti&`x�5 ��.4+r" � %'�� • ytr.�a,` - `;: i� �;. a�Y t 4�� `'� kd-4t; A- A total of 110.6 acres of wetland restoration /enhancement are proposed to offset wetland impacts associated with the proposed project. The wetland mitigation areas will be preserved through the dedication of a conservation easement to the SFWMD. The mitigation area will be maintained in perpetuity by Collier County Road Maintenance Department, Stormwater Management Section. Copy of the draft conservation easement is included as Exhibits 7a -h. The proposed project includes the construction of operable stormwater management structures. These structures are. equipped with gates which allow for lowering of water levels if needed after or in preparation for a major storm event. Collier County and the District have completed a draft Memorandum of Understanding related to operation of the control structures. This application requires operation of the operable stormwater management structures by Collier County in accordance with the MOU. Copy of the draft MOU is enclosed as Exhibit 8a -r. It should be noted that preliminary discussions have occurred between Collier County and the District concerning the District assuming limited responsibility at a future time of primary components such as coastal structures. At this time, operation of all operable stormwater managemetn structures will be the responsibility of Collier County and in accordance with Special Condition 27. tyEi"3'tiE #irb�l0 i AiD 1{ iItt?►fF THE'fA"f MOW ��1`�` It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0861 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E- 4361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E- 4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically'ifiaintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 980828 -1 Page 10 of 18 Agenda Item No. 813 January 23, 2007 Page 120 of 260 RELATED CONCERNS: Water Use Permit Status: The project does not require irrigation water. Application 030317 -24 for short -term dewatering has been determined complete by District staff and is scheduled for Governing Board approval. This permit does not release the permittee from obtaining all necessary Water Use authorizations) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No- Notice Short-Term Dewatering permit pursuant to Chapter 40E- 20.302(3) or is exempt pursuant to Section 40E- 2.051, FAC. Well Field Zone Of Influence: The project is not located within the zone of influence of a wellfield. Right -Of -Way Permit Status: A Right -of -Way Permit is not required for this project. DRI Status: These projects are DRis (SFWMD ID numbers 76 -63 & 84 -175). The Development Orders for these DRls were issued by Collier County on September 14, 1976 & May 21, 1985, respectively. SWIM Basin: The project is not within nor does it discharge directly to a designated SWIM basin. Third Party Interest: Letters from the Rookery Bay National Estuarine Research Reserve (RBNERR) were received May 20, 2002 and August 27, 2002. In May 2002, RBNERR was concerned with the timing, duration and quantity of freshwater entering the bay. In addition, RBNERR recommended the restoration of wetlands along the RBNERR boundary, compliance with water quality criteria, and relocation of the proposed spreader lakes. The subsequent RBNERR letter dated August 27, 2002 verified that the previous questions and concerns had been addressed. RBNERR requested and has recieved continued coordination from Collier County staff regarding the operations of the proposed weirs and pump station. Pollutant Loading calculations submitted with the application and reviewed by staff appear to be consistent with the information in the August 2003 Evaluation of Alternative Stormwater Regulations for Southwest Florida report which demonstrate the surface water management system reduces the post- development loadings of storm water nutrients to levels equal to or less than the loadings generated under pre- development conditions. Enforcement: There has been no enforcement activity associated with this application. App.no.: 980828 -1 Page 11 of 18 Agenda Item No. 813 January 23, 2007 Page 121 of 260 STAFF RECpldIMENDATION: The Staff recommends that the following be issued Conceptual approval of an Environmenatl Resource Permit for a Surface Water Management System serving a 329.4 acre stormwater improvement project known as WMD6 Lely and Lely Manor with discharge into waters of Dollar Bay and Rookery Bay and Construction and Operation authorization for 239.7 acres related to Phase I of the surface water management system, wetland impacts, and mitigation of the project. Based on the ©nformation provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Special Condition . STAFF REVIEW: NATURAL RESQXIRCE MAKAGEMENT DIVISION APPROVAL ENVIIIONMEN AL, vALUATION zmS<T. Mo ooh, P.W.S. j DIVISION DIRECTOR: Robert G. Robbins ss T DRAFT' Subject to Gorerning Roam Approrsl , P.W.S. DATE: �� ':�Z SURFACE WATER MANAGEMENT DIVISION APPROVAL SUPE Vl William Foley, ENGINES, i• r Wiliiari Foley P.E. // j DIVIS N D ECTOR : f DATE:, % e/ j L/ /& A P.E. on fiA. �iUater e, J Y r App.no.: 9828 -1 Page 12 of 18 Agenda Item No. 8B January 23, 2007 Page 122 of 260 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria 'as approved by this permit. Any - deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permttee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted pians and specifications; and the entity App.no.: 980828 -1 Page 13 of 18 Agenda Item No. 8B January 23, 2007 Page 123 of 260 GENERAL CONDITIONS approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit.conditions .prior to the initiation of the permitted use of site infrastructure 1. located within the area served by that portion or phase of the system � 1`_ach phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water. Use permit prior to construction dewatering, unless the work qualifies for a general permit pursunt to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice° Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. App.no.: 980828 -1 Page 14 of 18 Agenda ItArn No. 8i3 January 23, 2007 Page 124 of 260 GENERAL CONDITIONS 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Sedtion 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. App.no.: 980828 -1 Page 15 of 18 Agenda Item No. 8B January 23, 2007 Page 125 of 260 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface water management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and location of the sediment,erosian, and /or turbidity controls shall be subject to District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. in addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and App.no.: 980828 -1 Page 16 of 18 Agenda Item No. 8i3 January 23, 2007 Page 126 of 260 SPECIAL CONDITIONS updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easemerfi must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction of placing buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic vegetation removal and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits tc --iri imnnnfc #n iicfnrl cnor+icc App.no.: 980828 -1 Page 17 of 18 Agenda Item No. 813 January 23, 2007 Page 127 of 260 SPECIAL CONDITIONS 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities, 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and/or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E-4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (1500') zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. 28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. App.no.: 980828 -1 Page 18 of 18 STAFF REPORT DISTRIBUTION LIST WMD 6 LELY AND LELY MANOR Application No: 980828 -1 Permit No: 11- 01140 -S INTERNAL DISTRIBUTION Agenda Item No. 8B yJanuary 23, 2007 Page 128 of 260 EXTERNAL DISTRIBUTION X Ross T. Morton, P.W.S. - 7420 X William Foley, P.E. - 7420 X Permittee - Collier County Board Of County X A. Waterhouse - 4220 Commissioners X C. Tears - 7440 X Agent - Law Engineering And Environmental Services X ERC Engineering - 7420 Inc = X ERC Environmental - 7420 X Fort Myers Backup File - 7420 GOVERNMENT AGENCIES _ X J. Golden - 4210 X Permit File X Collier County - Agricultural Agent X R. Robbins - 4250 X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 8 - FDEP GOVERNING BOARD MEMBERS X FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section - Mr. Harkley R. Thornton - Mr. Hugh English OTHER INTERESTED PARTIES - Mr. Kevin McCarty - Mr. Lennart Lindahl - Mr. Michael Collins X Audubon of Florida - Charles Lee - Mr. Nicolas Gutierrez, Jr. X Florida Wildlife Federation - Nancy Anne Payton - Ms. Irela Bague X Leonore Reich - Ms. Pamela Brooks- Thomas X Ricardo A. Valera, P.E. Transportation Services Division - Ms. Trudi Williams X S.W.F.R.P.C. Marisa Morr X Water Management institute - Michael N. Vanatta Agenda Item No. 813 January 23, 2007 Page 129 of 260 EXHIBIT 1 AUG - 3 2004 3 NTS EXHIBIT !,, 0 Agenda Item P January 23, e 130 �rrr.r rr• 0�r� lL W w C, E °- � w W O 2 O � G N 0 W H W w O, r4 W W rO V O w r N t Wr U� N� a� W, ya = � S � d N ti h 'a WV £ i0 QT b00Z /LZ/ 'IaPoW'6n�P•A3N S99L \sueld lert1 uao ialseu+ S89 o'dJ \uise9 1 Agenda Item No. 86 January 23, 2007 Page 131 of 260 ti Act' h Q. ti Act' h Agenda Item No. 8B January 23, 2007 Page 132 of 200 �Jw o � e z7 . I� I S r>r I, S 4 LL ry � N �O C ti oti = Q r, h o N T 1[7 t+ n N N N µ4 r P W - -j T � a r I I T Yo �v�y Cr' -Iq z z !tm-. O S vac r. 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IIII 130 130 EXHIBIT 39 " U a to w a 3 I �i II 111 I. IIII 130 130 EXHIBIT 39 ► u� t 614 �DAI 513 729 624E3 l a KY , pTD 12 Y Q o N snez .621 of m 624 N iE I 172 129 11 624 - s �.� 11E2 . 411 -.Inyi 411 y 416 LJ 411 -- - 416 624E2 411 624 ;`•� 625DE1 l + 411 411 624E3 y 4M S.. jjlfI T/O •625E2 ';$13 s+ 110 _ f NOT MAPPED 51 � 3 625E2 Q ° . l 110 • . i51S ; U 513 4$b 3 110 s I s13 l \ 172 9 jj i� 11z ® A._51a [[ . 2zE.- � 45 5 0s+69 :VIS aPU- iD1VN M 0 ,Agenda Item N1 S6 January 23, 2DQ� Pane 140 cm k!I e I ii s It1 IW N W jW I E }► 3 b m Q 1111 I O O O i O v r. In To n eo ;m m( •7 TI to c io to �Id c 'lo to {ti Li 11 II V�I� ��,��Slelml�lla'�s �I,;►, Y y � � k w 6 6 < 6 ^ < W W F-4 °x7 6 6 vii 0 z s w Z a a Y p p Y lil � 1 I 111 4 11 111 �,� "� ` l 111 EXHIBIT 3h uL R o Z W h o3h2 O ti z jl I I �LII.I oo+ C9 : VL 9 aN!-MDJ, M !� R Agenda Item January 23 Page 141 f 260 k EXHIBIT 3 i Rik Cd 94 EXHIBIT 3 i Cd 94 tit EXHIBIT 3 i En ll o V IN-MIR ,,SMVB VJWS dMd ll IQ i o 1-0 4—; Iii ioI I it F-T Agenda Item N13. FB January 23,14:fl Page 142 7- F� r"-I 'min 11 .7j Y,� W p n - Q• - W p!1 W C y b I• C - o V . f, I jI 1 Agenda Item. January 23, 10C Page 143 c Ig e �E o� R w° fW 1 ! T V' IIIjI �pp � f 21 O � 'II I �t—z —� EXHIBIT 3k a 4 f N j<I j i Iei � I I �J U- I i iti fW 1 ! T V' IIIjI �pp � f 21 O � 'II I �t—z —� EXHIBIT 3k a . . . . . . . . .. . . rc 4 u INOID3W crvo,s KdVEI Aj moz) Agenda Ite "n TVR B January -y 23 Paoe 144 zi.j o 5, .1: ai U, w 17 of iE wag EXHIBIT 3l It CW7 ce 3 Fm n t t t I of iE wag EXHIBIT 3l It N pi V • 411 ' 416 Ef . .41 - •41e E7 14 � 1a M4 t6 E1 1 321 SECTION 17 Aso '�ZY r m 1T4 , 7462 E2 UA. 182 130 tee S2 J� t]D 182 182 12 Agenda Item January ? 7 Page 145 f 260 i1�II�lE C e� �g r -T-FT ?-f G G G W A A A A A A tl� I ill Y 111 111 �. silkk '�l o!o'�n •�'. �'. py ! rQi i N.N��O t0 �yz Ir lei riOrir� 4' h 1� °I— INInI�Ir'I >i'I 1 G G G W A A A A A A tl� I ill Y 111 111 �. 424. 410 U 411 41� 24 416,E . . . . . . . . . . . . 411 E2 PROP. SANTA BARBARA CMINECTOR ROAD 416 E3 411 .424 4 E 120 624 �E2 411 �Z EZ 130 z 411 El 120 411 IB2 0 - IN (41,S1 46 , I El S. El 130 Agenda Item '0.'? January 23 M _ 26 Page 14 6 7 -7 iz� E3 6'a 6 oi-, < i R 9 z 1 '0 0 N z L) I 111 Ill LA li Till {' lil �iil Agenda Item January 2" Page 147 G A L.ij j§ cd 9 0 0 Ill 111 JE _77 EXHIBIT 3o ' eqa 1.6 IiI 110 17 6 Ez 411EI 424' 437 11E no 6 %E4 6 tz '411 IN 424 250 424. 411 424 6 9 41 5,E 411 U PROP. SAMTA OARSAR C,DIM �;7 ftp!o 411 .424 120 524 E T2" ZO 411 El P M411 Agenda Item January 2" Page 147 G A L.ij j§ cd 9 0 0 Ill 111 JE _77 EXHIBIT 3o ' eqa 1.6 IiI Agenda Item N D- Jania ' ry 23. It Page 148 c-277 t« EXHIBIT BF V 9 9 r r u I Lill v -g 'v U:g tz 0'0' EXHIBIT BF V 9 9 r r u I Lill N Agenda Item ium January 2 J� Page 144—o7, , EXHIBIT rz �I I i '� b , EXHIBIT rz �I I i '� N ° ............. '62t lot ` E2, 6461 .6461 _ 416EZ - 62 416E2 624 .. Eyi ' b�l ' EJ ' . 424• 624E1 I6• E2 M. SANTA. u�wt A •BLVD -ALT. D 6461. 147, El 424• - .424 611 .424 w.t4a' Cr 43, 646, •EI '_ . �. .� 424 7462 .0 � •rte d. x6147 743 24 D.E2 - 416 0.E2 ` . 424 0.C2. .. • . u \424. 74621 624 u� 120 1 :4 D I+ 4E2 7 n 12D 6 Ti 130 �4 624 ET •�1 130 10 1 1]0 416 111 u � v 1D m ,30 416 9 Agenda ftem fJ ^ 93 January 23: Q� ?aoe 150 0 r; g Nt �o f� �J N .tq8 2w� (rawer q!•ti h .�,1 E O UJ �2 �n rn < a a d < < < an vi Tl °- n LLl �i � �i is II a 3 0 3 3i, 771 F71,11 I R, I I j2 111 Ld Li ji, EXHIBIT 3r` oo+89 :VLS aNU'lHDLVN N I Agenda Item January 23, 2007 Page 151 Df 260 cm 110-0:0; C) ws-o! wi 0; a 1 !,! 11 1 ill 1 !,! 11 1 r N 6� r V + r SECTION 19 l 140 MM" 4aeEx SECTTON 120 416E2 l MSECTIC ON r� WEI 214 140 513 41E �9 s�c�s �f2 s lams aas Agenda I #em N � January 23; Page 152 IL I�N� 1 I I I ! U of Ip, z g IDIO. iwl f �1a <I I 'O �N a'� 3 flolo! Y I' Eig y� Ig ry I �Ua u�,Wha� uQOe • ti h �d �!'II a�l �lll liI o � I i� l ' i EXHIBIT 3 t aI i I Q < J J z y y � � ww 3 o LHiI 3 a 3 D 3 1 U ■ 1 K 1 Y I' Eig y� Ig ry I �Ua u�,Wha� uQOe • ti h �d �!'II a�l �lll liI o � I i� l ' i EXHIBIT 3 t aI i I p U L) W R V2 to) 111 VI I I I U Agenda item January 23 2007 Page 153 :)f 260 Of =1j II 4 vii vii Of =1j II 00+E9 :YLS JM'IHDIYW lu 0 a 0 0 10 10 10 10 �o 10 2 N Agenda Item I' January 23. Page 11 54 �fMO w � � g o tll llt LM EXI-HBIT 3 v Agenda Item January 23, 2 007 Page 155 f 260 -7 -T II'II,I -7 Vj i I L r i T1 cilci jci�ci 6�6,ol I.o 1 0i103180! EXHIBIT 3 w Qa RP ci NNE" USMz ii li < ce, W llt EXHIBIT 3 w Qa RP ci NNE" USMz ii li 2 c % ig Agenda Item No January 23, 21-1 Page 156 of 260 to 0 0 0 0 cc I o 9 ltl ltl EXHIBIT 3:< �Nl Zp .-T �ru 1010,0!tlj l�: i } A dl Agenda Item '* January 23, r2OO7 0 f 0 Page 157 f260 0 IT 3y 9 IT 3y 7 {3 2a3 q, * ECTION 30 L]43 SECTION 31 630 Agenda Item N Januar -31 Paae li 58 o 566 I P EXHIBIT IT I-B z� !�t2 i t fl dg -UJ iii) P EXHIBIT IT I-B z� ti k Agenda Item N January 23, 2007 Page 159 f 260 rc s. ce IIIli �lw -9 tll -40 me Agenda Item N January 23 Page 160 'o � 2610 i7 U Iii. z 9 9 EXHIBIT 4 b CIF 41=2 422 tic T 7, -T 416M 914, 313 41K3 6160 ol 743 r4 Fs - - Agenda Item 14 January 23, 2007 Page 161 )f 260 , It 7 . . . . . . . . . . . . . 411 6 --7 624M AM" 41661 416B1 FE r K U sE SECTION 29 124E2 901 416E3 SECTION 32- c 4]42 y 614E1' ci 6 fi2lEl 416M - - - ---------- - 416E1 i -�Wl K wry �l 44 aqs US 62-El _Z zl . 0 A 41EM U 422 62464 o 411E2. - - - - - - - 7- 7- 1.14 N . . . . 1664 411 411EI ED v 411 o �c 621 :2 41 IE4 ML 41 .4 P.3 4 5. �41 G C . . . . 4103 -4, 411 4" 422 a y d 3 3 ; a'�' iT, IN . ..... 4c EXHIBIT 6 d 6 K c ci 6 ci m i -�Wl K wry �l 44 aqs US 62-El _Z zl . 0 A 41EM U 422 62464 o 411E2. - - - - - - - 7- 7- 1.14 N . . . . 1664 411 411EI ED v 411 o �c 621 :2 41 IE4 ML 41 .4 P.3 4 5. �41 G C . . . . 4103 -4, 411 4" 422 a y d 3 3 ; a'�' iT, IN . ..... 4c EXHIBIT a ay� .......... WESIPORT COMMERCE CE CED MOCK SANTA `- BARBARA BLVD. GO - tiJ - -N P NA TION G CL UB 1 ..................... ::::...:... a ; :::'TFIE CLUB ESTATES 10 ACRE I i W 99ACRE MITIGATIQN S)TE , y iGATION SffE_j _F� I KES I_ ! I .. CO PL YCLUB -� - RATTLESNAKE HAMMOCK RD. N Gle: Sass mnap and m^:.tgatiCn ^o.�.° nfor.ati, cehead irom Agnoll, Barber & Brundage, Inc. and Collier County Government Websrie. Figure G -1. Proposed mitigation site locations No. 8B .2007 of 260 —CR 951 Kevin L. Erwir Consulting Ecologist, h- SOM ft F«„�. w. 391 9„», EXHIBIT 5 wr.na ;2T �.e.cw�e• Ti n.w.x swdr "' Agenda Item No. 8B January 23, 2007 Page 163 of 260 APPENDIX G ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION PLANS i Ii: Aoenda Item €Uo. 8B Appendix G: Environmental Impacts And Proposed Mitigation Plans January 23, 2007 Page 154 of 260 APPENDIX G ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION PLANS G.1 ENVIRONMENTAL IMPACTS G.1.a Introduction The proposed Lely Area Stormwater Improvement Project consists of improvements to the existing drainage system for the 11,135± -acre East Naples area which formed the major portions of the former Water Management District # 6 area. Careful design of the project has avoided wetland impacts where possible and minimized unavoidable wetland impacts to the maximum extent practicable while still meeting the overall project purpose. A detailed discussion of the alternatives that have been considered as part of this process is presented in the Region 1 through 7 narratives. The construction of these facilities will result in unavoidablc impacts to some wetlands. The process used to delineate these wetlands and assess their functional capacity, as well as the proposed compensatory wetland mitigation plan, are described below. G.I.b Wetland Assessment A significant quantity of information is available regarding the distribution of wetlands throughout the project area. Substantial portions of Regions 2, 4, and 6 contain existing developments. WilsonMiller has mapped the uplands and wetlands in the majority of undeveloped portions of Regions 3 and 7 as part of their work on the proposed Santa Barbara extension. WilsonMiller has also delineated wetlands in the southeasterly half of Region 5 in association with the Lely Lakes project. Kevin L. Erwin Consulting Ecologist, Inc. has previously delineated the wetlands in the northwesterly portion of Region 5 and all of Region l as part of the Sabal Bay project. In several locations, the existing mapping described above did not provide adequate coverage for proposed impact areas. At these locations additional mapping was undertaken. Mapping was also revisited at the locations of proposed impacts to insure that the delineation of the wetlands within and immediately adjacent to the proposed facilities was accurate. The wetland and upland communities in these various areas were mapped using the Florida Land Use, Cover and Forms Classification System (FLUCCS) mapping nomenclature. WilsonMiller and Kevin L. Erwin Consulting Ecologist, Inc. used a slightly different adaptation of the 1985 edition of FLUCCS. Therefore, a unified FLUCCS code list was prepared for this project to insure that similar habitats have the same FLUCCS designation across the project (Table G.1). The extent of exotic species infestation was also documented. Areas that typically contained greater than 85 percent cover by exotics and less than 15 percent cover by native vegetation were mapped based on the dominant exotic (i.e. FLUCCS Code 424 for melaleuca monocultures). The resulting vegetation and land use maps are included in the Phase 1 Construction and Conceptual Plan set. Table G.6, "Wetland Impact Summary by Region" is also provided at the end of this Appendix. EXHIB11 c Agenda Item No. 8B January 23, 2007 Table G.l. OVERALL PROJECT FLUCCS CODE LEGEND Page 165 of 260 FLU CS Code 100 110 119 120 121 129 130 139 140 144 172 175 177 182 186 210 213 214 240 243 247 250 261 310 321 322 324 411 414 416 419 421 422 424 426 427 428 434 437 511 513 514 515 525 526 527 528 542 612 617 621 Habitat Twe Urban and built -up Residential — low density Residential- low density under construction Residential — medium density Mobile home units Residential- medium density under construction Residential — high density Residential -high density under construction Commercial and services Cultural and entertainment Religious institutions Government facility Other institutional Golf courses Community recreational facilities Cropland and pastureland Woodland pasture - Row crops Nurseries and vineyards Active nursery Abandoned nursery Specialty farms (horses, kennels, dairies, other) Fallow cropland Herbaceous /rangeland — rock outcrop Palmetto prairies Coastal scrub Saltbush shrubland Pine flatwoods- palmetto understory Pine — mesic -oak Pine flatwoods - graminoid understory Scrubby pine flatwoods Xeric oak Brazilian pepper Melaleuca Tropical hardwoods Live oak Cabbage palm Hardwood — conifer, mixed Australian pine Tidal creek Ditch Drainage canals and ditches Drainage swales and similar features Cattle watering pond Borrow pit ponds Stormwater management lakes Stormwater management detention/retention areas Inland tidal ponds Mangrove swamps Mixed wetland hardwoods Cypress EXH I BIT Appendix G - Environmental impacts And Proposed Mitigation Plans Agenda Item N�. 8B PP January 23, 2007 Page 166 of 260 624 Cypress -pine- cabbage palm 625 Hydric pine flatwoods 630 Mixed wetland hardwoods and conifers 640 Vegetated non - forested wetlands 641 Freshwater marsh 6411 Freshwater marsh, sawgrass dominant 6412 Freshwater marsh, cattail dominant 6417 Shrub marsh 642 Saltwater marsh 6429 Saltwater marsh, shrub dominant 643 Wet prairie 6461 Scrub /shrub wetland — willow /wax myrtle assoc, 650 Saltern 740 Disturbed land 742. Borrow area 743 Spoil area 7461 Disturbed lands, herbaceous cover 7462 Disturbed lands, shrub and brush cover 748 Previously cleared land 7481 Previously cleared land, herbaceous cover 7482 Previously cleared land, shrub and brush cover 811 Airports 814 Roads and highways 8145 Improved, unpaved roads 8146 Primitive dirt roads /trails 8147 Unimproved, unpaved roads /trails 821 Transmission towers 822 Communications facilities 830 Utility 831 Electric power facilities $32 Electric power transmission line 5321 Electric power transmission line- herbaceous cover 8322 Electric power transmission line - forested cover 8323 Electric power transmission line -shrub brush cover 8324 Electric power transmission line- access road 8325 Electric power transmission line -water bodies 8341 Sewage treatment plant A1odiftem: El = 10 -24 % exotics E2 = 25-49 % exotics E3 = 50-75 % exotics E4 = > 75 % exotics D = Disturbed (fill, logging, clearing, nuisance species, etc), not including exotics or drainage G.Lc WRAP Impact Scoring The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the wetland functions of areas proposed for impact. A summary of the WRAP scoring is presented, below as Table G -2. EXHIBIT c..• C ca n. 0 a O a 0 a` Q h V a E C d C C Lzl V K C d c G. Q a Q' a y C "C _ 0 U_ C aJ u C ea .a w d L L Vi 0 ni ISM N V 4! 0 d r.. cc U L 0 u .R _ 3 M fypQ�r,,' nu jr G �Q a 67 of 26 •a a�'o cp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O O O V N N N N N N N N N N N tV rV N (14 N N N (V 1V lV N N N 3� s ow�tir,v,�nv,o�n�n 000,no�n�nv _ o00 oa v, ono N N fV ^ -- N fV N N— N Q�3 ix =; O h O O O O v'; 'vr v'. v'. O O O O v'. . y 0 0 — •• 0 "' N N^ N N O O N O N V O kn O Q O N O •- p N N z N N O 30L =° v'i v') O vi O N d y L O 'h " •-• O x N M OC M 00 N n M x x^ N d N N r �D M M M M oo M OC M x v'1 'n N N N 7 n r of ao C4 r3 p, %r) v-) in v v-, kn ` r �o v� •n vi Wn In o Q r r- et v, Q O O O O O O O O O O O O O O O C 0 0 0 0 0 0 0 U � 3 C6. Cc z = y 3 r to M N N r- - M M M v, r — M M 00 v, 00 Wn � C v'i r-4 r,3 h Yl 00 00 . 0 0 0 Cl � L lG M N ^ M .� OO ^ V'1 M V1 ^" N 'R ^ ^ M M �- •- 0 N �' 0 N 0 o 0 0 O O O O o 0 0 o o 0 0 0 6 0 0 0 0 0 _ Q N N M N N N W Ki W 0o N W M W M W N W M W M W W w et V. ^ v W .y V W �n W �O W e!• et �Y W ti] %n %n N ' T N %0 N '":r N N 'a' N t0 d N N C �!' N '7 d, :1r , 00 0? 00 00 00 w 00 00 1 00 00 00 333333333333 , � 3 3z M M 8B 007 260 I�b.bl g nd 3 e IV L pan O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 � 3 a M rl M M M M M rr1 M Pl; M M rh r'1 M M M co 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o vl 0 0 y L N N N N N N N N N N N N N N N N N N N N N N N N N O N N w _ 5w O v1 n V'1 r v1 O O r O O v1 vl Y1 r v1 v1 to — r er n N N — _.. Q�3m i c00 = O O O O O to O k., O .n v, O .n vl 0 0 0 0 0 0 0 �n 0 0 0 vl O LV ^ N N ^ N N O O O N N N N N N O N N O N M 3v L O. O 'fl i C w i m d vi O O O O O O w'1 kn vl vl Q�n N O O O O O O O vl O O O kn y O— — —' N ^- N •� N O Z O O N rV CV CN rl C V O N N O N N v 3 > > � L L O t/J u rn vl In V'1 O O O O l O V'1 Wn Vl In in vl V1 V" lrl vl W) V1 O Q Vl V1 V'1 e'! O O O— — N O O O O O O N N 3 d y L V �• O vl v1 vl 00 N 00 N a M M .Zr U— 00 N 'V' a' 'ct r I-C r O 1`� \O r Vr r I�D C C, r "o C, M O, M C, M N o 00 ._.. N-0 'V'. N 0 7 1.0 IM � O �c C "D O c{ G �D O '7 O I-C O 1-0 O - C - O C C 0 0 0 0 0 0 0 0 0 C O C O O U R' 3 a = Vi O .. vl kn V) O 00 N ON N r D' M 00 !� N "� et M r �D r �D r �D V1 r 01 a!} Q, G, 00 �n M N M O O O^ 'V C O O O M !t N N M C= O O C C O O O O O O O O O O O O O O p 0 0 0 O O O O O O O O p II V1 w C .ice+ L M — N -- Vl 1n Yl N V' — — — 00 r v'1 7 v'1 M M 0 0 0 0 0 0 0 0 0 -- O O C 0 0 0 0 0 W W R U W W W W lzr W^ yr N N '1' N N \.D 10 W N �D N N N .• r N y n�� N N N N N D Vr T LAO C �p d N M O� • •-+ N N M � D �D d 3 z 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 8B 007 260 I�b.bl C a e 0 0 a 0 a d E E e 0 L L W V K 9 C d G G d 8a )G07 ?60 TO Aenate o. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A 11 iS i R Y3 21 3• � Cy M K1 M M rrl M r'l M M r•'1 f^1 f"1 M M !"'1 f�'1 M !"1 M M M M M M f14 t ry y � �jJ f 0 0 0 0 0 v? 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N L -- O C N N ^ N N N N N^ N N^ O 3 ° s w C m v et O N O O v� v1 v1 M er eN et of tt r"'. O O O kn N O �y N N N N N N N N N N N ^ N N N N N N ,_ N N N N N "3 i vy O O O w1 O O O V1 kn %q O to O v> O O O O O V1 h vl C N N N N N N N N^ O N N NN N L � d a+ ae y U o v, v, 0 0 0 0 � a o O o o a o o� v-+ vi � v'? v? n v? o '^ 'n GQ L N 6 O^ N^ ^ N •- CO N N N N O N O N N N N N u ci > 6. o u� u a c C-c o v> O v) 0 0 0 V 1 w 1 0 0 0 0 00 to vn 0 W) v1 O O Ln v1 h C nj N N N N N N— N N N N O -• N N O y L O y u p C Q` - N ['•- h fJ• 00 tt O� C`� Imo- N C- N r et M �. _ �+' t� M 00 vi ^ M 00 M 00 �^ d Ci p h ? �r V: O C O C O O O O r„ O �p 60 N.. C G O E< O O O O O O O O O O O O O O G 00 'T \0 rr r- O �c 7 CT 00 CT M M O M DO x h 00 N O M^ N O -^ O N •- O 1^^ N1 M N rJ; h O -- M M V1 "::• N Do 0 0 C C O C c. C C O O CO 0 O G Q fs. U N C ••� •.•. �N �- N ••.• M N 00 00 O v1 M �!i �t ^� N M vl v) ^ (` M •-• Q = U N M M M N N M M N N W W M W N W W N W W M W W N N W W W N W M W - -- N y N Nr N M .�. N 00 N 00 N N �R N r` •C' N n ef' N '� N N Q cV N M �T V- ^ N r'.� .-� fV M vl [ T C6 E Cti 7 �S' sn V) V) VII I f V v) N i v1 N i W) N �� Ln N vl N v7 v', v-, V1 v7 rn y 3 z 3 3 3 3 i�� 3 3 3 3 3 3 3 3 3 3 3 3 3 7 8a )G07 ?60 TO R. c 0 ao .fl Q+ 0 G 0 L d H v G C w C C O c w u G G d Agenda Item No. 8B January 23, 2007 Paae 170 Of 260 III .� L w 3 3 N M N M M M M M M M M M M M v ono o0000000000000.n L N N N N N N N N N N N N N N d 3� u W CQ Lr In v� v'I v� 0 0 0 0 0 0 0 0 0 0 d N N N N N (V N N N N N N N N p, m Q�3 v i p N N N -- ^ ^ N N N N N N 3 V v OL ea M kn an v'I In W1 V1 In Ln O O O O O O t4 v y 6 0 -- N N N N N N N 3 o u � � o L:n h Ir'i In w1 In kn In In O O 0 O 0 N y L .+ O y U OC N r- O, O N N N N N as 'r, M M N N N N N L G C C to C' M N M M 00 00 M r N 0 0 0 0 0 0 0 0 0 O O N ►c � < Lr, R N4:r N N o0 N 1.0 OC M �C u O O O O N O 0 0 0 0^ O O M C U N N N N N N N N N N [0 V W W Li] LS] Li] Lid Lz] W W C3] W W w LL] d N N N N N N N N r4 N N � Lr C F■ a 'C L N N r-4 I 1 1 1 I I 1 I I 1 M M M 1 V 3 z 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Agenda Item No. 8B January 23, 2007 Paae 170 Of 260 III .� Appendix G - Environmental Impacts And Proposed Mitigation Plans Agenda Item No. SB January 23, 2007 Page 171 of 260 G.2 WETLAND MITIGATION PLAN G.2.a Introduction Over the past several years, the Collier County Stormwater Management Department (County) has met with the regulatory agencies to discuss the proposed project, including the required wetland mitigation plan. The County has been directed to provide compensatory mitigation within the 11,135 -± acre project area. Mitigation opportunities are limited in the southern and central portions of the project area due to existing development, real estate prices, and limited availability of land for sale by willing sellers. However, the County has pursued two parcels in the northeastern portion of the study area. A 10.1± acre parcel (Section 9, Township 50 South, Range 26 East) was purchased by Collier County. The County is negotiating a two -year option to purchase an adjoining 99.2± acre parcel (Section 15, Township 50 South, Range 26 East). Both parcels are contiguous to other existing wetland mitigation areas (Figure G.1). A third area, the remainder of the existing Lely Canal downstream of the proposed outfall spreader lake, has also recently become available for use as wetland mitigation. The existing conditions of these mitigation parcels and the proposed wetland mitigation plan are described below. G.2.b Existing Site Conditions Both the 10L -acre parcel and the 99± -acre parcel consist primarily of wetlands and are typical of the types of wetlands found throughout the Lely Area Stormwater Improvement Project. Each parcel was mapped using the FLUCCS mapping nomenclature (Figure G.2 and Table G.3) and evaluated using WRAP (Table G.4). The extent of exotic species infestation was also documented and labeled as follows: El 10 — 24 % coverage by exotics E2 25 — 49 % coverage by exotics E3 50 — 75 % coverage by exotics E4 > 75 % coverage by exotics Areas that typically contained greater than 85 percent cover by exotics and less than 15 percent cover by native vegetation were mapped based on the dominant exotic (i.e. FLUCCS Code 424 for melaleuca monocultures). The dominant habitat types occurring on these two parcels are described below. E Appendix G - Environmental Impacts And Proposed Mitigation Plans V �aenda Item No. 8B �sanuary 23, 2007 Table G.3. Ten acre and 99f acre parcels existing vegetation summary Page 172 of 260 l0± Acre Parcel 99t Acre Parcel FLUCCS Code Habitat Acres Percent of Total Acres Percent of Total 321 Palmetto Prairie - - 2.2 2.2 411 Pine Flatwoods - - 17.7 17.8 416* Pine Flatwoods, Graminoid Understory 3.8 37.6 22.1 22.3 424* Melaleuca 2.7 26.7 56.6 57.1 621 * Cypress 2.3 22.8 - - 624* Cypress-Pine-Cabbage Palm 1.2 11.9 - - 743 Spoil Areas 0.1 1.0 - - 814 Roads and Highways - - 0.6 0.6 TOTAL 10.1 100.0 99.2 100.0 * Wetland Palmetto Prairie (FLUCCS Code 32 1) This upland community is dominated by a thick saw palmetto understory with widely scattered slash pines. Other plants present include bracken fern, grapevine, smilax, fetterbush, and pennyroyal. Pine Flatwoods (FLUCCS Code 411) This upland community type occurs as small islands scattered across the 99± -acre parcel. A canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it. Other plant species present include scattered live oak and cabbage palm, beautyberry, grapevine, winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also present in varying densities Pine Flatwoods Graminoid Understory (FLUCCS Code 416) This transitional wetland community is the dominant wetland type in the eastern half of the 99f- acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid -story varies depending on the location but typically consists primarily of melaleuca, pine, and cypress saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present. The ground cover stratum varies depending on the density of melaleuca in the canopy and mid - story strata. In more open areas species such as swamp fern, little blue maidencane, yellow -eyed grass, Florida three -awn, saw - grass, and grapevine are present. In areas of dense exotics, ground cover consist primarily of bare ground / duff with scattered patches of the species listed above. Melaleuca (FLUCCS Code 424) The majority of the western half of the 99± -acre parcel contains this highly disturbed wetland habitat. Melaleuca is the dominant species in all three strata. Widely scattered pine and cypress are also present. Ground cover is primarily bare ground / melaleuca duff with scattered small patches of swamp fern. This area was probably historically either hydric pine flatwoods or a cypress — pine mix that has become dominated by this problematic exotic. o A Item No. 8B an ry 23, 2007 a 173 of 260 d L Q C 0 bD G 40 �+ 'C H O ° v o m w.: y ..., :: 0 0 0 0 0 0 � C O W G � C L a a C o �p IA H 4 Vl M M a rn E M M en M M c O C 3 w C7 a d � Q H A Item No. 8B an ry 23, 2007 a 173 of 260 �+ O w.: y ..., :: 0 0 0 0 0 0 0 O O O O O o �� "- M M M M M en rn M M M en M M O �a -'" �� '• - o �n o +n v, o o a 0 0 0 0 0 0 ++ '1.� .•� .. ..-i (•.j .-+ N N N N N N N N � -16 pp 447. r0 : d N O M O M M M "" o y: N N N N N N N �`1 "" ""' O R; ' L .. Q 0.; .;., 1Q O ,n O ,n O %n O O O O , 10 C-4 C5 �' O to O v? O v) O 0 O ,n 0 C, ,n O -90 r-4 ri C5 3:y 3 r.+ r.+ • U N N 00 M [� C-4 O O OC O O'� Q� C'� O c; 0 0 C O C o O O O cO 0 v-' .. O w O J� O N ci M N CY N O ^� O P- N Q n 0 O 0 O 00 N � y..'„ �p t� M 00 •..� r` O� M c, 00 M O M N M M M M N M M a � Q r4 H cl aho,o,c -CArift Appendix G: Environmental Impacts And Proposed Mitigation Plans 91 ,'agenda Item No. 8B Janua;y23, 2007 Cvoress (FLUCCS Code_ 621) Page 174 of 260 This wetland community is located on the 10± -acre parcel. Cypress dominates both the canopy and the mid -story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are also present. Melaleuca is common in the mid -story. The ground cover stratum is typically composed of species such as swamp fern, sawgrass, Virginia chain fern, and melaleuca seedlings. Cypress- Pine- Cabbal;e Palm (FLUCCS Code 624) Wetland areas in this category are also located on the 10± -acre parcel. These areas are vegetated by a mixture of slash pine and cypress. Melaleuca dominates the mid -story. Ground cover species include swamp fern, sawgrass, beakrush, and wiregrass. In areas of dense exotics ground cover is primarily bare ground / melaleuca duff. Spoil Areas (FLUCCS Code 743) This disturbed upland habitat is located along the south edge of the I0± -acre parcel. The berm is vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and grapevine. There is a 10 feet wide gap in this berm, located approximately 160 feet from the east property corner that allows surface water to drain from the wetlands to the north into the adjacent canal. Roads and Hiahways (FLUCCS Code 814) A narrow strip of land that has been improved as part of the CR 951 expansion is located along the east boundary of the 99± -acre parcel. This area consists of the sodded side slope of the road. The 1.6± acre mitigation area located at the downstream end of the existing Lely Canal channel consists of two FLUCCS Codes (Figure G.3). Each is described below. Drainage Canal and Ditches (FLUCCS Code 514) This area is the existing excavated Lely Canal channel. It is primarily open water with a narrow fringe of Brazilian pepper and mangrove. Spoil Area (FLUCCS Code 743) This upland area is the spoil berm / maintenance road associated with the canal. It is maintained on a periodic basis and is vegetated by a variety of weedy species. G.2.c Adjacent Land Uses Consideration of adjacent land uses is an important component is the design and placement of a successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable for both the I0± acre and 99± acre parcels and for the 2± -acre mangrove restoration area. The majority of the perimeter of the 10± acre and 99± acre parcels consist of existing wetland mitigation areas (Figure G.1). To the south of the 99± acre parcels is the 154± acre mitigation area for the Naples Lakes Country Club project. To the north is the 86± -acre mitigation area for The Club Estates. That mitigation area also forms the east boundary of the 10± -acre parcel. The north and west sides of the 10± acre parcel consists of the 261± acre mitigation area for the Naples Heritage Golf and Country Club project. The 1.6± acre mangrove restoration area has also been sited in an appropriate location (Figure G.3). To the west is a good quality tropical hardwood hammock, to the east and south are existing mangroves, and to the north is the proposed outfall spreader lake. While no development plans have been approved for the surrounding pr , f r t:A11TE11T b -` A endix G: Environmental Impacts And Proposed Mitigation Plans [n rr Agenda Item No. 813 January 23, 2007 spreader lake and the quality of the adjacent habitats it is unlikely that future development woud °f 260 -- be permitted immediately adjacent to the proposed mangrove restoration site. G.2.d Wetland Mitigation Plan The enhancement proposed for the l0± acre and 99± acre parcels is similar in nature and will discussed together. The activities proposed at the 1.6± acre site are substantially different and will therefore be discussed separately. 10± Acre and -99± Acre Parcels The mitigation proposed on these lands is the enhancement of wetlands via hydrologic improvements, exotic species control and native plant establishment, and the preservation of existing native uplands. The implementation of this component of the mitigation plan will result in the enhancement of 14.8± acres of cypress, 49.5± acres of cypress — pine, and 24.3± acres of _ hydric pine flatwoods and the enhancement and preservation of 19.9± acres of native uplands on the two parcels. Each aspect of the plan is described below. The wetlands are currently drained via a breach in the berm along the north side of a canal that forms the south and west boundaries of the mitigation sites (Figure G.2). This breach is approximately 10 feet wide and is lower than the natural grade of the adjacent wetland. This allows the canal to directly drain surface water from these wetlands. Since the canal doesn't connect to anything water levels in the canal and therefore the adjacent wetlands are currently controlled by adjacent ground surfaces at elevation 9± NGVD. As described in the Region 7 narrative, the improvements to the canal system in this area consists of improving the existing berm (to prevent over topping and minimize subsurface flows to the extent practicable) and replacing the existing breach with a gated weir. The weir has been set at the existing seasonal high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This control elevation is compatible with the existing wetland mitigation areas to the east, north, and west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on the 10± acre and 99± acre parcels, it will also positively affect the hydrology of the surrounding conservation lands. Significant portions of both properties have become dominated by exotic species, primarily meialeuca. In areas of greater than 50 percent cover by exotics the melaleuca will be controlled via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non - target native vegetation and disturbance to the soil. In areas with Iess than 50 percent cover by exotics, the exotics will be removed by hand. Exotic trees will be cut just above natural grade and the stump treated with an appropriate herbicide. Treatment will occur within one hour of cutting to ensure maximum uptake of the herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Herbicides will be used in strict accordance with label directions by trained applicators. Care will be taken to reduce damage to non- target native species to the maximum extent practical. Treatment of exotics will also occur in the native upland communities on the 99± -acre parcel. Once the exotics have been treated the wetlands will be planted, as needed, by native species. Based on available information, a conceptual planting plan has been prepared (Figure G.4). The most deeply inundated portions of the site will be planted wi s 'Pei s' ' a 'T 2 r,e t:ANIE;l �. t 3 Appendix G: Environmental Impacts And Proposed Mitigation Plans "' agenda Item No. 83 January 23, 2007 will be planted with slash pine. Intermediate elevations will be planted by a mix of cyFfws lli � of 260 pine. Prior to planting, additional topographic information will be obtained. This information and the distribution of existing native vegetation will be used to fine -tune the planting plan. The trees will be container grown, three feet in height, and planted in a random pattern at densities of 200 trees per acre. In areas where live native trees are present, those trees will count towards the required planting density. Ground cover species will be installed at densities of 4,840 plants per acre in areas that contain less than 33 percent cover by native ground cover species following exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike rush, wiregrass, sawgrass, swamp fern, pickerelweed, and arrowhead. The final species list will be based upon site - specific conditions and on plant material availability at the time of planting. 1.6± Acre Mangrove Restoration Site The portion of the existing Lely Canal and associated maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once final grades are attained, the area will be planted with salt marsh cordgrass in order to stabilize the substrate. Mangroves will become established in the area via natural recruitment from the surrounding mangrove system. If, after two growing seasons mangroves do not become established, then mangroves will be planted. A WRAP analysis has also been conducted to determine the amount of increase in wetland function and value associated with the restoration plan (Table G.5). This analysis indicates that the mitigation areas will contain 82.81 functional units at the successful completion of the mitigation program. The existing condition WRAP analysis (Table GA) documents that 48.81 functional units currently exist on the three sites. Therefore, the proposed wetland mitigation plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) — 48.81 (existing) = 34.0 functional units produced). lkfl Agenda Item No. 8B January 23, 2007 of260 O CC F- 1 I 77 F ac u Q ea Agenda Item No. 8B January 23, 2007 of260 C� C� =� C� C� C� C� C-4 C-4 C-4 C14 N M M C4 N L . w Ix 00000000 00000 C� M ff) M M en rA Qa wl C:) C> 0 0 C> C� 43 M M 67 .ia 0 0 cq C� M Cn C7� rq r-- r- C; C, C� C� C) Aw 0 r-- cr, rn ON �c mr rq 0 .n rn r; o w o0 r-- c, 00 rn vi r-- 1�0 ON %C) %0 IV 4 CA C,4 Cq cc qr :r -q*- 99 ,Z t- In 14 11C CN C\ C�, C�, C. IT 01 F- 1 I 77 F IT 01 Appendix G: Environmental Impacts And Proposed Mitigation Plans 17 Aoenda Item No. 8B January 23, 2007 Page 178 of 260 G.2.e Wetland Mitigation Maintenance Plan A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and native plant installation. For the first two years following the initial treatment each mitigation area will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second year, inspections and treatments will be conducted annually during the dry season. G.2.f Wetland Mitigation Monitoring Plan The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of time -zero monitoring and annual monitoring of vegetation. The time -zero report will document the conditions immediately following wetland restoration (i.e., exotic removal and restoration area plantings). The annual reports will document the extent of success of the project and, if needed, identify specific actions to be taken to improve conditions within the project area. Sampling stations and methodology of data collection will remain the same for all monitoring events. G.2.f(1) Vegetation Monitoring The vegetation within the wetlands will be monitored using the line intercept methodology. A 300± feet long transect will be established in representative portions of each wetland area. A measuring tape will be stretched along the transect and the plants occurring directly below (ground cover) and above (mid -story and canopy) the tape will be recorded at 3± feet intervals along the transect. Ground cover species include woody vegetation less than three feet in height and all non -woody plants. Mid - story vegetation consists of all woody plants greater than three feet in height and less than 4 inches DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground and open sky will also be recorded in this manner. The resulting data will be used to calculate percent cover of the three strata. G.2.f(2) Wildlife Monitoring Regular observations of fish and wildlife will be made during all monitoring events by qualified ecologists. This will consist of recording evidence and signs of wildlife (i.e., direct sighting, vocalization, nests, tracks, droppings, etc.). G.2.f(3) Photographic Documentation Permanent fixed -point photograph stations will be established in each of the monitored areas thereby providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program G.2.f(4) Rainfall and Staff Gauge Recordings A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be recorded twice a month during the wet season (June — September) and once a month during the dry season (October — May). A rain gauge will also be established in the vicinity of the two freshwater sites. The mangrove restoration area is tidally influenced. Therefore staff gauge and rainfall data is not required for this component of the mitigation plan. EXHIBIT Appendix G: Emvironmentat Impacts And Proposed Mitigation Plans G.3 WETLAND FUNCTION BALANCE 16 Agenda Item No. 8B January 23, 2007 Page 179 of 260 The project proposes impacts, which will result in the loss of 25.8 functional units. These losses will be offset by the above - described mitigation program, which will generate 34 functional units. The 1.6± acre mangrove mitigation area, as well as basin -wide water quality improvements and the significant hydrologic enhancements described in the Region 5 narrative, will provide additional mitigation benefits. GA VEGETATION ASSOCIATIONS & LAND USES (FLUCCS CODES) DESCRIPTIONS The following list identifies the range of FLUCCS communities found within the overall project area. 100: Urban and built -up Urban and built -up land consists of areas of intensive use with much of the land occupied by man- made structures. 110• Residential —low density This category describes residential parcels that contain single - family dwellings. 119: Residential -low density under construction This category describes residential parcels that contain single- family dwellings that are currently under construction. 120• Residential — medium density This category describes residential areas with between two and five dwelling units per acre. 122: Mobile home units This category describes areas with mobile home units as dwellings. 129: Residential - medium densitv under construction This category describes residential areas with between two and five dwellings per acre that are currently under construction. 130: Residential - high_ density This category describes residential areas with more than six dwelling units per acre. 139• Residential-high density under construction This category describes residential areas with more than six dwelling units per acre that are currently under construction. jd EXHIBIT�-, Appendix G: Environmental Impacts And Proposed Mitigation Plans " ,Agenda Item No, 8B January 23: 2007 Page 180 of 260 140: Commercial and services This category describes the various commercial and service- oriented businesses within the project. 144: Cultural and entertainment This category includes both indoor and open -air theaters (such as motion picture theaters and those for live theatrical performances) and museums. Recreational facilities such as skating rinks and tennis courts dre not included in this category. 172: Religious institutions This category describes religious facilities including churches and schools. 175: Government facility All buildings and facilities which are identifiable as non - military governmental are included in this class. 177: Other institutional This category is reserved for facilities, which are unique in structure and location. In many cases, supplemental data is required for their correct identification; e.g. Elks Club, Masonic Lodge, V.F.W., etc. 182: Golf courses This category includes golf course fairways, greens and rough areas, clubhouse and maintenance facilities. 186: Communitv recreational facilities This category includes tennis courts, swimming pool, and associated recreational areas within developments. 210: Cropland and Pastureland This category includes agricultural land that is managed for the production of row or field crops and improved, unimproved and woodland pastures. Pastureland is used more or less for permanent livestock grazing. 211: Improved Pasture This is land that has been previously cleared, fenced, and periodically maintained (mowed, grazed) to support cattle. EXHIBIT6- Appendix G: Environmental impacts And Proposed Mitigation Plans 18 Aaenda Item No. 8B January 23, 2007 Page 181 of 260 213• Woodland pasture These areas of forestlands are used as pastures. Strong evidence of cattle activity, such as trails to feed bunkers, salt licks, and watering areas is required. 214: Row crops This category describes areas currently using row crop for agricultural production 240: Nurseries and vinevards This category is composed of nurseries, floricultural areas and seed - and -sod areas used perennially and generally not rotated with other uses. 243: Active nursery This category is defined as plants or shrubs grown for decorative effects. 247: Abandoned nursery This category includes areas that once were in production for nursery plants. The land is no longer used for nursery purposes and has been abandoned. 250• Specialty farms (horse farm) Specialty farms includes a variety of special or unique farming activities such as thoroughbred horse farms, dog kennels and aquiculture. 261: Fallow cropland This category includes harvested agricultural land not currently in crop production. 262: Low Pasture This disturbed transitional wetland community consists of previously cleared agricultural land that has become colonized with wetland species. Weedy wetland plants such as wax myrtle, marsh pennywort, frogfruit, carpet grass, and torpedo -grass are often common. 310: Herbaceous, ranseland -rock outcrop This category includes upland prairie grasses, which occur on non- hydric soils but may be occasionally inundated by water. These grasslands are generally treeless with a variety of vegetation types dominated by grasses, sedges, rushes and other herbs including wiregrass with some saw palmetto present. 321: Palmetto prairies These are areas in which saw palmetto is the most dominant vegetation. This cover type is usually ... found on seldom- flooded dry sand areas. These treeless areas are often similar to the pine flatwoods but without the presence of pine trees. 1==)(H1E11TG-m Appendix G: Environmental Impacts And Proposed Mitigation Plans ' Agenda Item No. 8B January 28, 2007 322: Coastal scrub Page 182 of 260 This scrub category represents a wide variety of species found in the coastal zone. A few more common components are saw palmetto, sand live oak, myrtle oak, railroad vine, bay bean, sea oats, sea pursuance, sea grape, Spanish bayonet and prickly pea. This cover type is generally found in dune and white sand areas. 324: Saltbush scrubland This vegetation community is a marsh with predominantly a shrub component. The shrub component is a combination of wax myrtle and saltbush in varying densities throughout these areas. Cattail and scattered buttonwood are also present. 411: Pine flatwoods — palmetto understory The pine flatwoods - palmetto understory class is dominated by a slash pine canopy. The common flatwoods mid -story species include saw palmetto, wax myrtle, gallberry and a wide variety of herbs and brush. 414: Pine — mesic oak This category occurs on moister sites, where slash pine grows in strong association with a wide variety of mesic oaks and other hardwood species. Laurel oak commonly grows along side slash pine under mesic conditions. Gallberry, wax myrtle and saw palmetto are among the common mid -story species. 416: Pine flatwoods — graminoid understory A slash pine canopy with scattered cabbage palm, myrsine, wax myrtle, and dahoon holly in the mid - story dominates these areas. Ground cover species often include wiregrass, yellow -eyed grass, swamp fern, Caesar -weed, panic grasses, muhly grass, sawgrass, rush fuirena, St. John's -wort, and blue maidencane. Saw palmetto, when present, is widely scattered. Vines include muscadine grape, poison ivy, and catbrier. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this type of habitat. 419: Scrubby pine flatwoods The dominant tree species are slash pine, scrub oak, sand live oak, myrtle oak, and Chapman's oak. The understory is dominated by satin palmetto and also contains rusty lyonia, and running oak. 421: Xeric oak In the xeric oak community scrub oak, sand live oak, myrtle oak, and Chapman's oak are the dominant tree species. Ground cover and mid -story within the area consists of running oak, rosemary, rusty lyonia, gallberry, buckthorn, pennyroyal, saw palmetto, and various lichens. Areas of exposed sandy soil are frequent. EXHIBIT c'.4vi Appendix G: Environmental impacts And Proposed Mitigation Plans Agenda Item -No. 8B January 23, 2007 Page 183 of 260 422: Brazilian pepper This exotic, pestilent tree species is commonly found on disturbed sites, this native of Brazil is also an aggressive invader of Florida's plant communities. Communities of these shrub -like trees are often established along borrow -pits, levees, dikes and in old disturbed fields. 424: Melaleuca This exotic tree species occurs in almost pure stands. It is an aggressive competitor; invading and often taking over a site, forming a dense, impenetrable stand. Melaleuca generally is an indicator of a disturbed site. 426: Tropical hardwoods This forest cover type is also refered to as tropical hammock. The common components of this community typically include some combination of gumbo limbo, mastic, stoppers, wild lime, strangler fig, lancewood, poisonwood, sea grape, marlberry and wild tamarind. _ 427• Live oak This forest community has a canopy dominated by live oak. Associates of this cover type include dahoon holly, laurel oak, redbay, and cabbage palm. Other vegetation in this area includes swamp fern, gallberry, wax myrtle, myrsine, wild coffee, and scattered saw palmetto. 428: Cabbage palm The area is nearly pure or predominantly cabbage palm and is found on sandy soils. Associates include a wide variety of large and small hardwoods. In south Florida, cabbage palm may be strongly associated with slash pine, and often occurs between areas of slash pine (FLUCCS 411) and cypress (FLUCCS 621). Shrubs may include wax myrtle, beautyberry, Brazilian pepper, and myrsine. 434: Hardwood — conifer, mixed This upland community is dominated by both oaks (live oak and laurel oak) and slash pine. Cabbage palm is also present in the mid -story. Ground cover is typically dominated by saw palmetto with areas vegetated by grape vine, swamp fern, green brier, and wild coffee. 437: Australian pine Contrary to its name, this species is actually a hardwood. Its name is derived from its needle -like leaves and its characteristic cone shaped crown structure. Australian pine was introduced to south Florida from Australia and is colonizing northward to the Tampa Bay area. It is common on disturbed sites, forming dense thickets, and is frequently planted as wind breaks and soil stabilizers. 511: Tidal creek This other surface water occurs at the down stream end of the basin. These creeks are lined by red mangroves on either side. E "XHIBITL-V Appendix G: Environmental Impacts And Proposed Mitigation Plans Z Agenda Item No. 3B January 23, 2007 513• Ditch Page 134 of 260 This category includes linear water bodies, specifically man -made small to medium -sized drainage ditches. The ditches are maintained largely free of vegetation. When present, vegetation consists primarily of cattail, torpedograss and spikerush. Common mid -story species associated with ditches on site include: melaleuca, Brazilian pepper, willow, wax myrtle, myrsine and cabbage palm. Ground cover species include: cattail, water hyssops, swamp fern, St. John's -wort, dotted smartweed, sundew, spikerush and widely scattered royal fern. 514• Drainage canals & ditches This category includes linear water bodies, specifically man -made canals and man -made small to medium sized drainage ditches. The canals and drainage ditches are maintained largely free of vegetation. When present, vegetation primarily consists of cattail, torpedograss, and spikerush. 515• Drainage swales and similar features These areas represent shallow drainage swales, drainage depressions, ditches, or similar shallow drainageways and often include berms along side these flowways. They are subject to intermittent inundation for variable lengths of time. Because of lack of maintenance, young trees and shrubs may establish themselves to the point of forming a scattered mid -story stratum. The ground cover stratum is dominated by a wide variety of ruderals and may have many open barren areas. Hydrophytes can dominate lower areas and may become prevalent during the vet season. Since these areas are undergoing primary succession, overall species composition is highly variable. 525: Cattle watering pond This category represents an upland -cut cattle watering pond. 526: Borrow pit ponds This category includes man -made open water areas that were formed by excavation for extraction of fill or for agricultural purposes. These areas are present only on the Lely Lakes property. The majority of these areas are found immediately west of the FPL easement near the north property boundary of the Lely Lakes property, These areas are predominantly shallow with minimal vegetation. Vegetation, when present, consists of torpedograss, cattail, and scattered spikerush, beakrush, and sawgrass. 527: Stormwater management lakes These areas are man -made open water bodies actively used as part of the stormwater management system. 528: Stormwater management detention /retention areas These areas are similar to stormwater management lakes (FLUCCS 527) but are much more shallow than the lakes. They are also man-made excavations actively used as part of the stormwater management system EXHIBIT�' Appendix G: Environmental Impacts And Proposed Mitigation Plans 22 Agenda Item No. 8B January 23, 2007 Page 135 of 260 542: Inland tidal vond This category consists of embayments that do not open directly into the Gulf of Mexico. These tidaI- influenced ponds are void of vegetation and typically surrounded by mangrove swamps and other salt - tolerant species. 612: Mangrove swamp This coastal hardwood community is comprised of black mangrove, and/or red mangrove, which are pure or predominant. The major associates include white mangrove, buttonwood, cabbage palm and sea grape. 617: Mixed wetland hardwoods In this forested wetland community no one single species is dominant. The dominant canopy speciets include cypress, red maple, laurel oak, swamp bay, cabbage palm, willow, and slash pine. The mr`ca- story typically contains canopy species saplings, myrsine, and waxmyrtle. Ground cover is typically comprised of species such as swamp fern, leather fern, crinum lily, sedges, grape vine, green brier,- and other wetland herbaceous species. 621: Cypress This community is composed primarily of bald cypress, which is either pure or predominant in the canopy. Red maple, laurel oak, redbay occurs occasionally. Dahoon holly, cabbage palm, and wax myrtle occur in the mid -story. Ground cover species may include swamp fern, chain fern, buttonbush, royal fern, pickerelweed, arrowhead, giant beakrush, buttonbush, and sawgrass. 624: Cypress- pine - cabbage palm This community includes cypress, pine and /or cabbage palm in combinations in which neither species achieves dominance. Mid -story and groundcover are usually similar to FLUCCS 416. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this type of habitat. 625: Hvdric pine flatwoods These areas are similar to FLUCCS 416, pine flatwoods- graminoid understory but occur at lower elevations and within hydric soil mapped units. These areas contain a slash pine canopy with scattered cypress, cabbage palm, myrsine, wax myrtle, and dahoun holly in the mid -story. Ground cover species often include wiregrass, sawgrass, swamp fern, rush furiena, maidencane, muhly grass, panic grasses and St. John's -wort in the groundcover. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this habitat. 630: Mixed wetland hardwoods and conifers This category includes mixed wetlands forest communities in which neither hardwoods nor conifers achieve a 66% dominance of the crown canopy composition. These areas typically have a mix of slash pine, cypress, cabbage palm, red maple, pop ash, laurel oak, sweet bay, and swamp bay. EXHIMid- BITS t; Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda Item No. 8B January 23, 2007 story species include dahoon holly, wax myrtle, and myrsine. Ground cover typicaffyig c�oinp'ri4d of sawgrass, swamp fern, shield fern, chain fern, beakrush, wild coffee, and swamp lily. 641: Freshwater marsh The communities included in this category are locally almost always surrounded by cypress. Freshwater marsh communities are characterized by having one or more dominant species. The most common species in southwest Florida include sawgrass, cattail, arrowhead, or fire flag. A "D" appended to this FLUCCS code indicates "disturbed ". Disturbances to the marsh have resulted from cattle use. Vegetation in the disturbed marsh area consists of smartweed, camphor -weed, climbing hempvine, and pickerelweed. 6411• Freshwater marsh, sawgrass dominant This category is found only on the FDEP property. These marshes are dominated by sawgrass. Other species include scattered aggregations of buttonwood, wax myrtle, and saltbush. 6412: Fresh water marsh. cattail dominant This freshwater marsh vegetation community contains predominantly cattails, considered a nuisance plant species. 6417: Shrub marsh Shrub marsh habitat is dominated by Carolina willow. This species dominates both the canopy and mid -story strata. Ground cover species typically include saw - grass, pickerelweed, arrowhead, and cattail. 642: Saltwater marsh This category is found only on the FDEP property. These marshes are not dominated by any one species. Vegetation includes sawgrass, cordgrass, and false - willow. 6429: Saltwater marsh, shrub dominant This vegetation community is a saltwater marsh with predominantly a shrub component. The shrub component is dominated with wax myrtle. Other species present include saltbush, black needle rush, black mangrove ( <5% cover), willow, leather fern, swamp fern, and sawgrass. 643: Wet prairie This classification is composed predominately of grassy vegetation on hydric soils and is usually distinguished from marshes by having less water and shorter herbage. 6461: Scrub /shrub wetland — willow /wax myrtle The canopy stratum in this habitat is largely absent. The mid -story is composed of willow in the depressions and wax myrtle and saltbush in the shallower fringes. The groundcover is composed of various hydrophytic grasses and fortis. Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda Item IVo. 8B January 23, 2007 Page 187 of 260 650: Saltern Salterns are found in the high salt marsh in areas of very high soil chloride concentrations. Most of the area consists of bare ground. Small patches of glasswort and sea purselane may also be present. 740: Disturbed land This category contains land that has been previously cleared by human activities. Vegetation, when present, includes assorted grasses, scattered tickseed, dog fennel, and ragweed. 742: Borrow areas This land use is found only on the Lely Lakes property. This shallow area was excavated to create the adjacent primitive dirt trail. The area is predominantly void of vegetation. However, where present, vegetation is comprised of torpedograss and cattail. _ 743: Spoil areas Spoil areas were created from excavation of borrow areas and ditches. Most spoil areas do not have canopy species present but may have Brazilian pepper and melaleuca present in the mid -story. Ground cover species are limited to scattered invading grasses and ruderals. 7461, lands, herbaceous cover This category contains areas that have been disturbed in the past and are currently dominated by various upland and wetland grasses, weeds and vines. 7462: Disturbed lands, shrub and brush cover This category contains areas that have been disturbed in the past and are currently dominated by a mid - story of various shrub and brush species. 748: Previously cleared land This area is south of the FDEP property and was previously cleared for creation of an elevated dirt road. The area was recently restored to the adjacent wetland grade. Although the area has been restored, it is predominantly void of vegetation. 7481: Previously cleared land, herbaceous cover These areas were previously cleared of canopy and mid -story species. Most areas are void of canopy species but may have widely- scattered Brazilian pepper, wax myrtle, melaleuca and saltbush present in the mid -story. Ground cover species are limited to grasses, sedges and invading ruderals. 7482: Previously cleared land, shrub and brush cover These previously cleared areas are void of canopy species. Mid -story species include Brazilian Pepper, wax myrtle, slash pine, cypress, melaleuca and saltbush. Groundcover species are limited to grasses and sedges and invading ruderals. EXHIBITG-v Appendix G: Environmental impacts And Proposed Mitigation Plans Agenda Item No. 8B January 23, 2007 811: Airports Paae 188 of 200 This category was used for the private aircraft runway associated with the Wing South development off Rattlesnake Hammock Road. 814: Roads and highways This category includes all asphalt paved roads and highways. 8145: Improved, unpaved roads This land use is found only on the Lely Lakes property. These are unpaved rural roadways comprised of soil (typically sand), crushed shells, and/or crushed Iimestone. Most have drainage swales or ditches running along either side of the roadway. 8146: Primitive dirt roads /trails This category is found only on the Lely Lakes property and is applied to off -road dirt trails and "roads" wide enough to segregate in mapping. They lack drainage improvements and a stabilized sub - grade. These trails and roads tend to be narrow and are used by infrequent vehicular and/or pedestrian traffic. The trails are predominantly non - vegetated. When vegetation is present, it is limited to scattered invading grasses and ruderals. 8147: Unimproved, unpaved road These areas are unimproved, unpaved rural roadways comprised of soil with no crushed shell and /or limestone base. Most have drainage swales or ditches running along either side of the roadway. 821: Transmission towers Microwave towers are typical in this category 822: Communications facilities This category includes transmitter stations, telephone exchanges, antenna farms, etc. 830: Utility Utilities usually include power - generating facilities and water treatment plants including their related facilities such as transmission lines for electric generation plants and aeration fields for sewage treatment sites. Small facilities of those associated with an industrial commercial or extractive land use are included within these larger respective categories. 831: Electric power facilities This category includes hydropower, thermal, nuclear, gas turbine plants, transformer yards, sub- stations, etc. Appendix G: Environmental Impacts And Proposed Mitigation Plans 832: Electric rower transmission line 26 Agenda Item No. 8B January 23, 2007 Page 189 of 260 This category is reserved for linear Florida Power and Light Company electric transmission easements. 8321 • Electric Rower transmission line- herbaceous cover This category is used to map areas cleared along the electric power line easement where there are few shrubs and trees present but there remains significant cover by herbaceous plant species. This occurs along the FPL,easement on the Lely Lakes property and adjacent FDEP properties. These areas are dominated by ruderal herbaceous vegetation. Woody species, including small trees and shrubs, do occur but are widely scattered and do not achieve dominance. Plant species composition can vary depending on topography, hydrologic conditions, adjacent undisturbed plant communities, and frequency of maintenance (e.g. bush - hogging, mowing, clearing, etc.). 8322• Electric power transmission line- shrub/brush cover This category is used to describe areas cleared along the FPL power line easement where there are scattered shrubs and/or young sapling trees remaining. In some places there is no canopy stratum present and the area is dominated by smaller woody species (shrub and brush cover) which often are not large enough to form a true mid -story stratum. In other areas, trees or canopy stature remain and for sufficient cover to designate the area as forested. The ground cover consists of a variety of ruderal herbaceous vegetation and smaller woody species (willow, Brazilian pepper). Species composition can vary depending on topography, hydrologic conditions, adjacent undisturbed plant communities, and frequency of maintenance (e.g. bush- hogging, mowing, clearing, etc.). Following a maintenance event, these areas could be re- classified as FLUCCS 8321. 8323: Electric power line - forested cover This FLUCCS category is used to map areas along the electrical power line easement where a forested system still remains. Species composition can vary tremendously depending on location along the electrical power line easement, topography, hydrologic conditions, and adjacent undisturbed plant communities. The sub - canopy in these areas is predominantly Brazilian pepper with willow and saltbush in lower areas. 8324: Electric power lines — access road This land use is the access road that was created along the electrical power line easement. The access road is comprised of soil (typically sand), crushed shells, and /or crushed limestone. A drainage swale and /or ditch runs along either side of the road. 8325: Electric power lines —water bodies This FLUCCS category is used to map man -made open water areas along the electrical power line easement. These areas are found only on the Lely Lakes property at the north end of the FPL easement. These water bodies were formed by excavation for extraction of fill or for agricultural purposes. The areas are predominantly void of vegetation, however, when present, vegetation s consists of torpedograss, cattail, and scattered spikerush, beakrush (Rhynchospora spp.), and tl�s EXHIBIT6l .z Appendix G. Environmental Impacts And Proposed Mitigation Flans — AgencYa item No. 83 January 23, 2007 8341: Sewage treatment plant Page 190 of 260 This category describes the sewage treatment plant and associated ponds and structures. G5 LISTED WILDLIFE SPECIES It is important to note that the majority of the improvements to the existing drainage system are located in previously developed residential areas, mostly along established roadways and associated drainage features. With the exception of Region 5, as noted earlier, no project - specific listed species surveys have been conducted in association with the areas impacted by the propose improvements. However, during the vegetation and wetland mapping, WilsonMiller biologists performed a cursory review of each impact area and noted the observed wildlife and plant species. No indications of any species listed by the Florida Freshwater Fish and Wildlife Commission (FWC) were present, nor were any indications of appropriate habitation observed at the impact locations during these field surveys. It is important to note that the project area is now developed and developing to a significant degree even without the Lely Area Storm Water Improvement project. 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W IQ�0 oLLUcv��mr 0 Q re Cp co+) fD O c �,r- N LO L, IIzQ O to to C r`NtGC;C N Un C O Ch m C: C E t9 t!1 CD @ ego tQ T LL LL ? 'yo m m La G :2 m' > V7 Q na S E m m 325 ° e do`s 0 r H�j CD y y �! $ , ; a m U_ 0 0 0 0 H a m 2^ m ?"LxXx 3 C w nom' Q U o 0 0 m o c U p m Z WH U°° -- o �� Zv pMy > Nod a MLA to "i c1) c.� m Dv- d 00 W Xou)o gtTr- C7 mm= c n W m—yto !° c o �U � N to I uj cc � H 0 L cp n+ "� c ca a NMC 1- W � CO m X W W uj LUIL LL J° o 0 0 0 OQ-1 0 0 0 � tD h oD Cn 0 o M N N r Wcof- - M Nr iQ E a LU F- V) QICn IL 'y = LL m d m Q n•c Lu U U. W IQ�0 oLLUcv��mr 0 Q re Cp co+) fD O c �,r- N LO L, IIzQ O to to C r`NtGC;C N Un C O Ch m C: C E t9 t!1 CD @ ego tQ T LL LL ? 'yo m m La IN SANTA .,- BARBARA BLVD. RBMM� A lk'l�lm WIW-= tip;, ::v tt,Jazltem No. 8B r 3, 2007 Page 1 of 260 ... ....... ....... ..... ...... .. ............ ......... . ...... ......... NATIUIBI ...... ............. .... CL ............ ............... .................. ..................... ............ .......... .......... ................... ........ CLUB ESTATES ....... . ...... ........ ....... ........ . ........ ........... XiD ACRE GA'nON S�EJ 611-ACIIE MITIGATION SITE LN Fn-T O NAPLES KES CO Y CLUB ............ ......... . RATTLESNAKE HAMMOCK RD. T Note: Base map and Rdb9atim Site information received from Agnot Berber & Brundage, Inc. and Collier County Government Webafte. Figure G -1. Pro-posed mitigation site locations —CR 951 0 W - i Q� - i i i i i •. - g - - - i i i i a i - - - - _ L+4 � a Whcom00 0QNclqch� f- cpq w O � L a Cn N N �- t o. _ coo c l �00 A tUi.~ t•- m N T' MC4N� -0O m� oU0 c = x - J O cu -Emma LL m m l`9= C N uj C W O l--U i t 8 W ' O O Z air t a ' O U ° LL U E m U- U o - Fc. a- = m = LL 77°��1'''' W] i o t �8 i i i i t ♦♦ i i i i i i?� Z ED L) cn z� = N w 3 o i i i i i a i i i i i i i i i i - i a i a i i i 14 a i i i XQ ca �Q •- i i i°' t �� i t - t i i i i i ♦ _ a t • ��c i i i 0 i i CO- • �� i i i i i - c i U ti. o Q C 6 - W LL cf �t CD tG h mo Q1 U. U Ch •C r � 0 W - i Q� - i i i i i •. - g - - - i i i i a i - - - - _ L+4 naenda item No January 23,E Page 194 t W U —� W .j C' YN O O U O � C Q � o Lei! LL 0 0,5-6 L C Z K W W W 0 3 U LuF= �min°n LLJlC -0 ti �m -iw NL ^ J d� xJ U =� w 00 N M et t - - w�X w w w = Q p p na 3 g = a m o € F c E °a w 7EmSo N a e CD c t fA 4 m p zu CD M Gn o m c � as L) c (c c > C m c m nm d T H N m CO tO m V to mNd mm m W `QQo F- Whcom00 0QNclqch� f- cpq w O L a Cn N N �- C; O r o. _ coo c l �00 0 tUi.~ t•- m N T' MC4N� -0O m� oU0 c = x C m J J cu -Emma LL m m l`9= C N uj C W O l--U Oa0L) V5 U w O O 0LL0.-v LnOO naenda item No January 23,E Page 194 t W U —� W .j C' YN O O U O � C Q � o Lei! LL 0 0,5-6 L C Z K W W W 0 3 U LuF= �min°n LLJlC -0 ti �m -iw NL ^ J d� xJ U =� w 00 N M et t - - w�X w w w = Q p p na 3 g = a m o € F c E °a w 7EmSo N a e CD c t fA 4 m p zu CD M Gn o m c � as L) c (c c > C m c m nm d T H N m CO tO m V to mNd mm m W `QQo F- Whcom00 0QNclqch� f- cpq p X1-CCN } Cn N N �- C; O r o ON�N f- l �00 0 WCn t•- m N T' MC4N� -0O Cl) mod' NTN00m uj a UJ C7 Q O O O v U ° LL U E m U- U o J—p LL a- = m = LL O C w 0 E Z ED L) cn z� = N w 3 o Oa QIQ o m N� XQ ca �Q cv g o� CL c; 805 y y 2 2 CO- �f6aa'o� - Ema� �� W W U ti. Q C N LL cf �t CD tG h Q1 U. U Ch •C r Ui LL � 9 e- �.O, Ie LU 0 0 c LLI tO c U) 0 O 0 IV N cn 0 C 0 LU � s 69 "or 5 0 - L) D L) 19 C a) w — 0) -1 04 q U 'i cq ta C14 a LL E - - --- ------- M -- t ----------- - v? LL Ui on -- -7 ----- -------- LL LL 0:0 w v 0 0 � — 0 0 LL L) ------------ z ----------------- 1c, M to LU U) a tv a L) z Ui LU -j 8 M E E E x, a) - E -6 =cu =Z: - 1 6 O t0 E u E i-11 a, mr- .2 a) .2 M. c Z 0 LU M a M 7E 'E = ID CD P 0. Cb - - - - - - - - - - 0 L-U -0 r- -0 r- < LU 0. 0) M. CO 0 c M c M >� :" D r- M M 00 f-- p —E C; IFS zE� W F- L) CL -V Q WL Ar z M z LL � 9 e- �.O, Ie LU 0 -.-C, -010 c LLI C! c U) 0 O 0 IV N cn 0 C 0 L) U- � s 69 "or 5 0 - L) D L) 19 C a) w — 0) -1 04 q U 'i cq ta C14 a LL E -i U- LU M 0 t 0 v? LL Ui on LL LL 0:0 w v 0 0 � — 0 0 LL L) T- V 0 w co Agenda Item No. RE 1-6 7 January 23, 201 Flage 195 o8H 11140 In 0 '0 ._.{tit 9 z -6 W LIJ x W w w x x LD W 01 .! z 0 0 M LO Lr) CIO c) A 0 N to X W w W LU LL � 9 e- �.O, Ie Nc -.-C, -010 ci (q Nt C! M 0 O 0 IV N cn 0 C 0 CD to OD I I cn C4 L) Ui 04 q U 'i cq ta C14 C14 0 N a) CD CO co 4r- 0 z z E 1c, M to LU U) a tv a L) z Ui LU -j 8 M E E E x, a) - E -6 =cu =Z: - 1 6 O t0 E u E i-11 a, mr- .2 a) .2 M. c Z 0 Z M a M 7E 'E = ID CD P 0. Cb < L-U -0 r- -0 r- < ca 0. 0) M. CO 0 c M c M >� :" D r- M M 00 f-- p —E C; IFS zE� W F- L) CL -V Q WL Ar z CD LLI LLJ cr- w U1 M w W- cr = z -6 W LIJ x W w w x x LD W 01 .! z 0 0 M LO Lr) CIO c) A 0 N to X W w W LU IL ch cn "a r. M CD ti -j LL F<- \ - .,o ea P. r-- -.-C, -010 O0 N M co M CN CD to OD I I 07 C4 L) c; cj 4r- 0 z E UJ W 0 "E a) L) z CD LU -j E x, a) - E -6 =cu =Z: LU E i-11 E 0) - 9 2 cc (D W Uj Cb zz cs.G=cM== 2 W 0. Cc M .2 c W ca <Ui M C6 = a 0 w M 0 Lru- p L) CL -V Q WL Ar CD LLI z w W- cr = L<) U) LU < IL ch cn "a r. M CD ti 416E3 624 Cyprsas-Pine- Cabbage Pakn 630 Mbrad Wetland Hardwoods& . Conihrs 624E3 .621E1 411 E2 ' 411E1 416E3' 416E2 - 630E2 743 428E2 428E2 427E1 _ 422. 426E1 ,� = MITIGATION AREA FLUCFCS LEGEND 411 Pine FMMVC ds ' TOTAL- 1.6 0 416 Pine Ffatwoods. Garaminoid understory 416E3 422 B—Man Pepper . 426 Tropkal Hardwoods 416E3 427 Live Oak 428 Cabbage Palm 612 Mangrove 617 Mbod Welland Hardwoods 621 Cypress 624 Cyprsas-Pine- Cabbage Pakn 630 Mbrad Wetland Hardwoods& . Conihrs 624E3 .621E1 411 E2 ' 411E1 416E3' 416E2 - 630E2 743 428E2 428E2 427E1 _ 422. 426E1 ,� = MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL '514 Drainage Canal 1.2 46.2% 743 Spoil Areas 0.4 15.4% TOTAL- 1.6 0 ' Potential Other Waters Wettand Outside the Mitigation Area Figure G -3. Mangrove restoration mitigation area existirn 0 Kevin L. Erwin�� -� Consulting Ecologist, Inc. 20"D 11 PMbwq Port Mya Fab. S3901 (941) 337.1! Agenda Item No. 8B January 23, 2007 Page 197 of 260 DRAFT DOCUMENT DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this day Of , 20 , by Collier County Board of County Commissioners (address) 3301 Tamiami Trail East Naples FL 34114 ( "Grantor') to the South Florida Water Management District ("Grantee "). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A, a sketch and legal description of the 99 acre parcel of land situated south of the Club Estates (a subdivision recorded in Plat - Book 31, Pages 78 -80) and referred to as the "North parcel" in the N112 of Section 15, Township 50 South, Range 26 East, Collier County, Florida; Exhibit B, a sketch and legal description for a 10 acre parcel referred to as Tract C5 of the Naples Heritage Golf and Country Club Phase One (a subdivision recorded in Plat Book 26, Pages 73 -80) located at the north end of the Wing South Airpark runway in Section 9, Township 50 South, Range 26 East, Collier County, Florida; Exhibit C, a sketch and legal description for a 1.6 acre parcel located at the terminus of the existing Lely Main Branch Canal in Section 25, Township 50 South, Range 25 East, Collier County, Florida; and Exhibit D (location map identifying all three mitigation parcels within the Lely Area Stormwater Improvement Project) attached hereto and incorporated herein ( "Property"); and WHEREAS, the Grantor desires to construct the (name of project) Lely Area Stormwater Improvement Project ( "Project ") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and WHEREAS, District Permit No. ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and /or upland systems on the Property; and Standard Passive Recreation form — July, 2001 Pale I of 5 EXHIBIT 74 Agenda Item No. 8B !anuary 23. 2007 Page 198 of 260 411 Pins Fiabroode 416E3 416 Pine Flabaoods. Graerinald _ - -. 422 Brazilian Pepper 426 TropW Hardwoods .416E3 427 Lire Oak 428 Cabbage Palm '416E3 i - 527 storm WswManagement Lake 411 E1 -- 612 Manpore 617 Mimed Wetland Hardwoods 621 Cypress 624 Cypress- Pins•Cabbage Palm 63D Mixed Welland Hardwoods& 411 El CoNhrs 624E3 r 621E1_ 416E r r r 411 E2 630E2 ,-52T - — 743 426E1 630E2, 692. + MITIGATION AREA 612 .. 612 514 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL '612 Mangrove Swamp 1.6 100.0% -- 'Wetland Wetland Outside Mitigation Area Surface Waters Outside Mitigation Area Figure G -5. Mangrove restoration mitigation area proposed \ c Kevin L. Erwin Consulting Ecologist, Inc. 1077 eay8i"P- WMV Far ki"M fwnes 33901 (tal) --- '� Agenda Item No. 8B January 23, 2007 Page 199. of 260 DRAFT DOCUMENT b. Dumping or placing of soil or other substance or material as or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but- not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: L Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; Standard Passive Recreation form — July, 2001 Page 3 of S EXHIBIT7c' Agenaa Item No. 8a January 23, 2007 Page 200 of 260 DRAFT DOCUMENT WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (2000), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever: The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; Standard Passive Recreation form — July, 2001 Page 2 of 5 EXHIBIT-71a W LJ DRAFT DOCUMENT ii. Such facilities and improvements shall maintained utilizing Best Management Practices; Agenda Item No. 8B January 23, 2007 Page 201 of 260 be constructed and iii. This conservation easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. Standard Passive Recreation form — July, 2001 Page 4 of 5 EXHIBIT Agenda Item fro. 83 January 23. 2007 Page 202 of 260 DRAFT DOCUMENT 12. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in- interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of his conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Collier County Board of County Commissioners has hereunto set its authorized hand this day of , 20 ATTEST: Dwight E. Brock, Clerk BY: Deputy Clerk (Attest as to Chairman's signature only.) Approved as to form and legal sufficiency: BY: Thomas C. Palmer, Assistant County Attorney South Florida water Management District Legal Form Approved: Date: July, 2001 Modified by Collier County March 2004 Standard Passive Recreation form — July, 2001 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is a Paae 5 of 5 Donna Fiala, Chairman H Z LAI XV O W W 00 Q Q 00 W�- r- WZWL:;. U— M <QJ� 4- >> (h wLxJ to � M 0 U 6 FA1133S 30 3Nll AlM31Stl3 \ Z9'20L -- V- W W Q � N � Ia O o ❑ in Ir W 1-, � N � m .� tL W C:) W ti In 2Y001 Pa Z W U Lj N W = M W U W to 1, 03 O U D l7 W J W 4 (n Q z 0 S N Q W 4 Z L7 a? F- < > L'i w W N c/7 W Z J U Q Z r� lI I I 1 3 1 G I C I � u W I 1 I N I T i C] a �S 4 N w W a a a x a z a 0 0 > W , a 7 O w I w z fn I c ¢ d J I W Li t u I I A N z 01 I � z I 1 i° Z I C W = J i A ❑ a In J W I a+ M v Y a 0. AdVd�IId Hines DNI/,% r w J LL 0 Li d' W S H N J Q F v W A Z Q W w W z l •" W F- Q z a Q N cr z w W z Z 01 0 1 r W PQ > 0! h D Pa � 2 x� W ❑ Z W K W Q D CS Q 1- M Q ❑ U J 2 W 0 ❑ r w z i n W L, w J ❑ W U , J Y W J cn a « U U q Q W � q C3 Vl � N W « Q � CL = N Z - W C:) ❑ 0 N N q a w U i V ti o O p N « w O in a a a N I- z V, 3 Q o W ~ = IT Z) ❑ Zz W U = w r to Agenda item No. 6B January 23, 2007 Page 203 of 260 a Q v, f N N w J W Q, to O Q IY W a « a o r In r- w � « CL a ° U-) 4- o I}- W Z °Q ❑ Q ❑ J U 0 w 3 J Q J W CD U W W x x I- F N O Z w ❑ L� .. In E W a f U ca H W Z N ❑ W � T Z I— w f Z O ❑ W W f- N Z PQ �avaaly xirlos 7ttn It J V O U < a^ W v z a 0 a W W W 7VI Nod Q� °3 H _ ❑ � C�9'tl .G221 170' tG6 QV01f A1Nib� O (0> LB268 A .fS.IS.00 S 1 11 v O W ni CL I t �avaaly xirlos 7ttn It J V O U < a^ W v z Agenda item No. 8B January 23, 2007 �} Page 204 of 260 a a r W W 7VI Nod Q� °3 H _ ❑ oO 170' O i'- N 0 a ^O w- 1i O,r z N tmU 1 z O pW'W.. l^ m to i V W LJ ❑ vl r Z Zp a J ED �, Nutn yWOW W U p Z InIW.I v W 3 m ] >m Z p Z. 1.. J° a N � y J Z m J N ❑ fl N HJ Z =J Nf^ W �A ih a Wu O, Y. :TWO Q W �❑ Q Z u ¢w ^ 'W] W I Z Z T Q I O W =� W F-❑ U JK ZFD ��.'l. r WZJ I a❑ ° apz W ^� m xZ "M v,o7 I Upl7 W�� NpIL O W A z W J a NQ Z W r Z W QW y <Q J W InON p='1' O CZ W Q ZU1. la W 'A a E fl ", 3 OV W j¢ Z t< Z� W W Om m Wp id p = � oa•- I pUO o z ni FZ Op -v-.W N =1-WW ZN O >O• ZN Z p U ^ U O, WSJ W K3 JO W W ��¢ Y �Iv W =aa Ca > W JJ J K>_ ❑I-� WIfiW W. 3�3z' 1N Z,, oZ Om ZJ� U q 0 J Z Z �^ I/� . Q Z Z Z Z W W W_ W W - z a& 71 l❑ Agenda item No. 8B January 23, 2007 �} Page 204 of 260 0 IT vm► R `''! W G E O W Z Z J � W O H H W I � J 2 W � U O •W W a UZ Z2 ih a Q W f W ^ H m ^C Q Z u ¢w ^ 'W] W I Z Z m Q I Z ZD W V S Z l7 Z W I Z Mo � W QW y Z a O C` 'A Z q v z R j¢ tl II q Z id G U IY H JW a s 9 Oa p A �Iv ^ ni ri 0 IT vm► R `''! II �5� gend Item No. 8B <zN JanL ary 23, 2007 205 of 260 �� gopkoo�� C�jY 1111401.21" 1 =bxx rr iii a U H U a V�Z; 1" w h Ilk z W V�Z; 1" w h Ilk N SCALE: N.T.S. Agenda Stem No. 8B Janua, y 23, 2007 Page 206 of 260 PROPOSED MITIGATION PARCELS EXHIBIT "D" a RADIO ROAD T49 S TSoS I pw w NY: _= xou .:i k hM.�IrY �wea 7� � iai �sw� U Agenda Item No. 813 January 23, 2007 Page 207 of 260 BEFORE THE GOVERNING BOARD OF THE . ` SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN RE: ORDER NO. SFWMD 02- DAO -SWM MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA, TO OPERATE WATER CONTROL STRUCTURES OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT IN ANTICIPATION OF OR IN RESPONSE TO DEFINED EMERGENCY TRIGGERS ( SFWMD PERMIT NO. 11- LELY AREA STORMWATER IMPROVEMENT PROJECT, COLLIER COUNTY) Pursuant to Chapter 373, Florida Statutes and the rules promulgated thereunder, this Memorandum of Understanding (hereinafter referred to as MOM for the operation of a Public Stormwater Management System for the LeIy Area Stormwater Improvement Project (hereinafter referred to as LASIP) in anticipation of, or in response to, defined emergency - triggers is being entered into by the South Florida Water Management District (hereinafter referred to as SFWMD), and Collier County Government, Florida (hereinafter referred to as COUNTY), by mutual consent and without this MOU constituting a waiver of any authority by SFWMD under Chapter 373, Florida Statutes. STATEMENT OF FACTS 1. SFWMD is a public corporation of the State of Florida existing by virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes, and Title 40E, Fla. Administrative Code, as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406. SFWMD is authorized to enter into agreements pursuant to Section 373.083, Florida Statutes. 2. The COUNTY is a political subdivision of the State of Florida, created in 1923 by the Florida Legislature and given those powers enumerated in Article VIII, Section I, of the Constitution of Florida, as amended and supplemented and applicable provisions of Chapter 125, Florida Statutes. The principal office of the COUNTY is located at 3301 East Tamiami Trail, Naples Florida 34112. 3. SFWMD and COUNTY desire to hereby arrive at an understanding that will establish guiding principles for the regulation and usage of each operable control structure for the benefit of the COUNTY, provided that the operation of all operable LASIP control structures as identified in Attachment "A ", is carried out in accordance with the terms, conditions and defined emergency trigger /parameters contained in the Permit. Such Emergency Structure Operation is proposed by the COUNTY in order to alleviate flooding wherever possible without causing unacceptable adverse water resource impacts. D R V YD SUBMITTAL . �RRLlCATtQW Nt�t�►'��P, Page 1 of 15 FORT MYERS SERVICE CENTER j Achan ,'" 07 Page 208 of 260 S SERVICE- CENTEP COUNTY RESPONSIBILITIES 4. COUNTY shall strictly comply with the conditions contained in any SFWMD permit for the operation of all LASIP Emergency Structures and this MOU. COUNTY shall be required to obtain a Permit modification from SFWMD, and if applicable, a modification to this MOU for the construction and operation of any Emergency Structure(s) not currently permitted for such use. 5. COUNTY will be the sole contact agency to SFWMD for the operation of the LASIP Emergency Structures. All requests to operate the LASIP Emergency Structures are to come from only COUNTY and not the residents of developments in the area. It shall be COUNTY's obligation to inform all residents of the provisions of this MOU. 6. COUNTY shall at all times maintain lock mechanisms on the control mechanisms for the LASIP Emergency Structures in order to prevent unauthorized operation. COUNTY shall provide SFWMD/Big Cypress Basin field maintenance staff with a copy of the key or code necessary to unlock same. 7. COUNTY shall be responsible for the enforcement of the prohibition against unauthorized or improper operation of the LASIP Emergency Structures. If it is determined by SFWMD that operation of the LASIP Emergency Structures were improper or unauthorized, COUNTY shall take whatever steps are necessary to ensure the LASIP Emergency Structures are closed and secured if instructed to do so by SFWMD, until a mutually acceptable solution is agreed upon by the parties. 8. During the review process of COUNTY's application to construct and operate the LASIP Emergency Structures, which is resulting in the issuance of an Environmental Resource Permit ( "Permit "), COUNTY and SFWMD considered what adverse flooding and water resource impacts, if any, the operation of the LASIP Emergency Structures may have on downstream users. This joint consideration resulted in a finding that no significant adverse flooding or water resource impacts are anticipated to the downstream system users. However, if in the reasonable opinion of SFWMD, an unacceptable and adverse impact of a nature prohibited by the applicable Permit, Chapter 373 or SFWMD rule, does occur or is anticipated to occur to downstream system users as a result of the operation of the LASIP Emergency Structures, SFWMD may, at its discretion, prohibit the continued operation of the Emergency Structure until such time as COUNTY receives SFWMD approval by either an amendment to the Permit and /or this MOU in order to eliminate such unacceptable and adverse impact. 9. COUNTY shall consider water conservation each time it operates or requests authorization from SFWMD to operate the LASIP Emergency Structures. It is the intent of both COUNTY and SFWMD to conserve fresh water supplies. 10. Requests to operate the LASIP Emergency Structures at any stages other than those listed in the Permit or Attachment A of this MOU, may be considered by SFWMD if there is a APPLICATION NUMBS EXHIBIT rkk I W 9 8 0 8 2. g 4 Page 2 of 15 Agenda Item No. 8B January 23, 2007 Page 209 of 260 declared emergency or disaster in effect. Such declaration may be issued by a governmental entity or agency. In addition, SFWMD may determine that conditions adversely impacting public health, safety, welfare or property exist which warrant operation of the LASIP Emergency Structures. 11. All LASIP Emergency Structure operational activities contemplated by this MOU shall be implemented as set forth in the plans, specifications and performance criteria as set forth in the Permit. Any deviation from the authorized activities and the conditions for undertaking said activities will constitute a violation of the Permit, this MOU, and Part IV, Chapter 373, Fla. Stat. 12. COUNTY shall require the contractor that it uses to install the LASIP Emergency Structures and COUNTY's staff to review and become familiar with the terms and . conditions of the Permit and this MOU. _ 13. Activities contemplated by this MOU or the Permit shall be conducted in a manner that does not cause violations of State water quality standards. COUNTY shall implement - best management practices for erosion and pollution control to prevent violation of State water quality standards at the LASIP Emergency Structure sites. Temporary erosion control shall be implemented prior to and during construction of the LASIP Emergency Structures and permanent control measures shall be completed within 7 days following such construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the work authorized by the Permit. Turbidity barriers shall remain in place at all locations until such LASIP Emergency Structure construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, Fla. Admin. Code, unless a project - specific erosion and sediment control plan is approved as part of the Permit. COUNTY shall correct any LASIP Emergency Structure construction or operational related erosion or shoaling that causes adverse impacts to the water resources. 14. Within 30 days after completion of construction of the authorized Permit activity, COUNTY shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. The statement of completion and certification shall be based on on -site observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. The submittal shall serve to notify SFWMD that the LASIP Emergency Structures are ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, a copy of the approved drawings must accompany the certification with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. A registered surveyor shall certify all surveyed dimensions and elevations. ADDUREVIS1W SU MITfAL ft AV APPLICATION NUIVQ r,,R "_U Page 3 of 15 FORT MYERS SERVICE CENTER Agenda Item No. 8E January 23, 2007 Page 210 of 260 15. Should any other regulatory agency require changes to the construction or operation of the LASIP Emergency Structures, COUNTY shall notify SFWMD in writing of the changes prior to implementation so that a determination can be made whether a modification to the Permit and/or MOU is required. Changes requiring a modification to the Permit and/or this MOU shall not be made until approved by the SFWMD. 16. This MOU does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this MOU. This MOU does not convey to COUNTY or create in COUNTY any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by COUNTY, or convey any rights or privileges other than -those specified in the MOU and Chapter 40E -4 or Chapter 40E -40, Fla. Admin. Code. 17. COUNTY shall obtain a Water Use Permit prior to LASIP Emergency Structure related construction dewatering, if applicable, unless the work qualifies for a General Permit pursuant to subsection 40E- 20.302(4), Fla. Admin. Code, also known as the "No Notice" rule. 18. COUNTY shall hold and save SFWMD harmless from any and all damages, claims, or liabilities that may arise by reason of the alteration, operation, maintenance, removal, abandonment or use of the LASIP Emergency Structures authorized by this MOU. Nothing contained herein shall be construed as a waiver by COUNTY of the liability limits established in Section 768.28, Fla. Stat. 19. COUNTY shall notify SFWMD in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the LASIP Emergency Structures or the real property on which the LASIP Emergency Structures are located. All transfers of ownership are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, Fla. Admin. Code. COUNTY shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the property containing the LASIP Emergency Structures or the ownership or control of the LASIP Emergency Structures. 20. Upon reasonable advance notice to COUNTY, SFIXWD's authorized staff with proper identification shall have permission to enter, inspect, sample and test the LASIP Emergency Structures to ensure their conformity with the plans and specifications authorized by the Permit. 21. If historical or archeological artifacts are discovered at any time on the project site, COUNTY shall immediately notify SFVi MD's West Palm Beach Service Center. 22. COUNTY shall immediately notify the SFVti7MD's Environmental Resource Compliance Department, in writing, of any previously submitted LASIP Emergency Structure information that is later discovered to have been inaccurate at the time of submission. Agenda Item No. 8B January 23, 2007 Page 211 of 260 SFWMD RESPONSIBILITIES 23. SFWMD shall coordinate with COUNTY following receipt of a request from COUNTY for authorization to operate the LASIP Emergency Structures, and shall respond within a reasonable time period, in order to ensure the operation is in accordance with this MOU and the applicable Permit conditions. 24. SFWMD shall coordinate with COUNTY to ensure compliance of SFWMD rules and policies for the operation of the LASIP Emergency Structures. JOINT RESPONSIBILITIES 25. COUNTY and SFWMD shall each designate, in writing, a principal contact person to coordinate the provisions of the Permit and this MOU. 26. COUNTY and SFWMD shall meet in January of each year to assess compliance with the - Permit and this MOU and its effectiveness in achieving the above stated objectives. Any concerns with the terms and conditions of the Permit, this MOU or any problems with implementation shall also be addressed at these times. SFWMD shall be the entity responsible for coordinating the meeting schedule. 27. COUNTY agrees that any future permit applications for construction and /or operation of the LASIP Emergency Structures shall be consistent with this MOU. or the MOU may be modified accordingly. All future permit applications shall be consistent with the MOU including the following principles: a. All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of the LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responsible entity.. shall be EX.JJ)J B-�'11T 9 to Page 5 of 15 b. r 4. All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of the LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responsible entity.. shall be EX.JJ)J B-�'11T 9 to Page 5 of 15 Agenda item No. 88 January 23. 2007 Page 212 of 260 responsible for the remaining portions of the water management system within the boundaries of the private development. 28. COUNTY and SFWMD have jointly developed a list of defined emergency triggers, as set forth in the Permit, to determine when a situation is considered to be an emergency. In the context of this MOU, "emergency" is defined as a situation when immediate action is necessary to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. 29. COUNTY, as the operator of the LASIP Emergency Structures, has in its application, submitted an operation schedule that identifies the critical elevation that causes an emergency to exist and identifies why this elevation constitutes an emergency. It also submitted information pertaining to other alternative solutions that have been implemented or rejected. 30. COUNTY, as the operator of the LASIP Emergency Structures, has demonstrated through calculations, that the downstream conveyance capacity of associated surface water management systems is available to accept the anticipated flow if the Emergency Structure is opened during an off peak condition. It is the intent of this MOU, that such calculations be based upon COUNTY's analysis of the system under its control and associated systems, excluding the SFWMD's system. SFWMD will assist in respect to analyzing the impacts to its system. 31. If COUNTY improperly uses a LASIP Emergency Structure at any time outside of the conditions established by this MOU, SFWMD may require measures that render the LASIP Emergency Structure inoperable. If the measures required by SFWMD to render the LASIP Emergency Structure inoperable result in physical damage or impairment to the LASIP Emergency Structure, the SFWMD shall be responsible to reimburse 32. J OC ¢ w f- z w U � c a w Q w 0 a o� COUNTY for all costs associated to restore the LASIP Emergency Structure back to operable status after a mutually agreeable resolution of the improper usage has been established. COUNTY shall conserve fresh water whenever possible. However, it is recognized that there may be certain emergency circumstances that warrant lowering of the LASIP stormwater management system component water levels below control elevation for a period of time, such as a situation where, to minimize flooding, SFWMD is opening its gates to lower canal water levels in anticipation of major rain events (e.g. tropical cyclones). In the absence of being able to get previous approval from the SFWMD and in such emergency circumstances, COUNTY may operate the LASIP Emergency Structures as it deems necessary during such emergency circumstances to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. The COUNTY has the authority to determine the appropriate water level that should be used during the use of the LASIP Emergency Structures in such emergency situations. The COUNTY shall notify the E%IU LT AnT I B Page 6 of 15 Agenda Item No. 8B January 23, 2007 Page 21 . Qf 260 SFWMD within twenty -four (24) hours of the termination of such emergency conditions of any LASIP Emergency Structure operational measures the COUNTY undertook without prior notice and approval of the SFWMD. In older developed areas with substandard water management systems that do not meet SFWMD's current flood protection design criteria, SFWMD staff will consider the lowering of ditch or canal levels below existing control levels in advance of an approaching storm or anticipated heavy rainfall. MISCELLANEOUS PROVISIONS 33. This MOU may only be amended by mutual written agreement of the governing body of COUNTY and the Governing Board of the SFWMD, which amendments may include, but are not limited to, those needed to authorize changes in the LASIP Emergency. Structures' operational parameters, physical modifications to LASIP Emergency Structures, or termination of the MOU as the result of a finding that there is no potential for a negative impact to a SFWMD managed canal, as the two governing bodies deem necessary in order to address adverse water resource impacts or impacts prohibited in- Rule 40E -4.301 or 40E- 4.302, F.A.C., if any. 34. In the event it is determined that operation of the LASIP Emergency Structures are causing unacceptable adverse impacts to the water resources or impacts prohibited in 40E -4.301 or 40E.4.302, F.A.C., the governing body of a party hereto, following such finding, may terminate its participation in this MOU by either mutual written agreement with the other party or by providing one hundred eighty (180) days prior written notice to the other party; provided that any such termination by the Governing Board of SFWMD shall only be effectuated through the revocation of the Permit, or applicable LASIP Emergency Structure portion thereof, as the case may be, pursuant to Sections 373.429 and 120.60, Florida Statutes. 35. Further, after consideration of the most economically efficient options available for protection of water resources, the Governing Board of SFWMD may order, as an aspect of its revocation of this MOU and the subject Permit or applicable LASIP Emergency Structure portion thereof, as the case may be, that: (A) the emergency operation component of the LASIP Emergency Structure be removed, or (B) the LASIP Emergency Structure be modified to permanently prohibit usage by operation. 36. Notwithstanding this condition, in no event shall any provisions of this MOU prohibit or undermine the SFWMD's ability to prevent unacceptable adverse impacts to the water resources or impacts prohibited in Rule 40E -4.301 or 40E- 4.302, F.A.C. 37. This MOU, together with the Permit, incorporates, embodies and expresses all agreements and understandings regarding the LASIP Emergency Structures between SFWMD and COUNTY, and may not be altered except as authorized in paragraph number 33 above. ADDUREVISED SUBMITTAL. APPLICATION NUMBER �Page 7of15 E CH4 BfT FORT MYERS SERVICE CENTER 5 Agenda Item No. 8B ,January 23; 200 Page 214 of 260 38. This MOU shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be construed to authorize any activity within the jurisdiction of the SFWMD except in accordance with the express terms of this MOU and the Permit. 39. Nothing in this MOU, whether expressed or implied, is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this MOU. 40. There shall be no waiver of any right contained in this MOU unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this MOU shall impair such right or be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this MOU. 41. The invalidity of one or more of the terms or conditions contained in this MOU shall not affect the validity of the remaining portion of the MOU provided that the material purposes of this MOU can be determined and effectuated. In the event of a conflict between the provisions of this MOU and the Permit, the provisions of the Permit shall prevail. 42. The Governing Board of the SFWMD authorized its Executive Director, or designee, to execute this MOU. NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 4013- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWIr M Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final ageUGWac Lp%EJWition t E APP�1�1C,�i�IOW NUKARFR Page 8 of 15 AUG 0 190SUBI 3 Agenda Item No. 813 January 23, 2007 Page 215 of 260 substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla, Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. C. Administrative Complaint and Order: If a Respondent objects to a SFVdMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is servo. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule - 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP, Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120:57(2), Fla. Stat., as provided in subsections a, and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28- 107.005 and 4013- 1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g, below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the COUNTY may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 107.004(3), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWNM's final action may be different from the position taken by it previously. Persons Ml L APPLICATION NUMCIEP 980828-1 Page 9 of i s AUG 0 5 2003 r7f1DT KAVCD(Z 4Z170ViPr tICKITCR Agenda Item No, 8EB January 23, 2007 Page 216 of 260 whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E- 1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E- 1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. Circuit Court 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15`h Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. District Court of Appeal 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFNVMD Clerk within 30 days of rendering of the final SFWMD action. Land and Water Adjudicatory Commission 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42 -2.013 and 42- 2.0132, Fla, U P� "Opt 10%ATi 980828- 1 Page 10 of 15 AUGQ� co p-T MYFRS SERVICE CENTER Agenda Item No. 8B January 23, 2007 Page 217 of 260 Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with LAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAWAC within 30 days of re=ndition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFV;WM or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. Private Property Rights Protection Act 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Sub9ectian 70.001(4)(a), Fla. Stat. _ Land Use and Environmental Dispute Resolution 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Scat, to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. Mediation 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28- 106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not adversely affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28- 106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) The name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) A statement of the preliminary agency action; (3) An explanation of how the person's substantial interests will be affected by the agency determination; and (4) A statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial 980828-1 Page Agenda Item No. 8B January 23, 2007 Page 218 of 260 have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28- 106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. Variances and Waivers 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) The caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) The applicable rule or portion of the rule; (e) The citation to the statue the rule is implementing; (f) The type of action requested; (g) The specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) The reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) A statement of whether the variance or waiver is permanent or temporary. If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat, pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) The specific facts that make the situation an emergency; and b) The specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. Waiver of Rights 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28- 106.201 Initiation of Proceedings (Involving Disputed Issues of Material Fact) EX APPLICATION :.11- 15•Rt� rs u 101 p l�, p4 980828— f age 12of15 p V1SED SUBMITTAL " -if U D� 1. FORT MYERS SERVICE CENTER Agenda Item No. 8B January 23, 2007 Page 210 of 260 (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determ ination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. 28- 106.301 Initiation of Proceedings (Not Involving Disputed Issues of Material Fact) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 Suspension, Revocation, Annulment, or Withdrawal (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42- 2.013Request for Review Pursuant to Section 373.114 or 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a parry by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of servi c #ip ED b/{ {TTAL i ;R -=PA e 13 of 15 AUG 0 5 2W3 FORT MYERS SERVICE CENTER Agenda item No. 8B January 23. 2007 Page 220 of 250 subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 Emergency Action (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) The 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40e -1.611 Emergency Action (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. ! t*fv? 1tATi0W WE3140 "M lbw EX Do", Tw_w; 8 AL low- AUG 4 Page 14 of 15 FORT MYERS SERVICE CENTER Agenda Item fro. 8B January 23, 2007 Pa 221 of 260 subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) if review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 Emergency Action (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) The 14 -day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120,57. and 120.60, F.S. 40e -1.611 Emergency Action (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. tt oo 1CAtlow NU$AQ' '"a Page 14 of 15 FAt AUG Q 5 2R�33 FORT MYERS SERVICE CENTER Agenda Item No. HE January 23, 2007 Page 222 of 260 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed in counterpart originals by their duly authorized representative(s) on the latest day and year noted below. Executed by SFWMD this Day of , 2003 SOUTH FLORIDA WATER ATTEST: MANAGEMENT DISTRICT BY: BY: TONY BURNS Name _ Assistant Secretary Title LEGAL FORM APPROVED FRANK S. BARTOLONE Senior Attorney Passed and approved by the Board of County Commissioners of Collier County, Florida, this 2rl4h Day of 2003. ATTEST: Dwight E. Brock, Clerk BY: Deputy Clerk (Attest as to Chairman's signature only.) Approved as to form and legal sufficiency: -,. BY: 17 ,, V `_r Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COLITY, FLORIDA BY: Tom Henning, Chairman 5-2n-p3 EXHI Page 15 of 15 ADDUREV{SED S.DBMiTTAL 11AUG 2M YERS SERVICE CENTER SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Canal Basin — Region 2 e f Tr No. 8B 23, 2007 D age 3 of 260 Lely Canal Basin — Region 3 STRUCTURE DESIGNATION AND DESCRIPTION DEFINED EMERGENCY NU STRUCTURE DESIGNATION AND EMERGENCY OPERATION NO. DESCRIPTION TRIGGER PARAMETERS Upstream Water at at Open Gates Close Gates 4 LCB- 00 -SO120 — Doral Circle Surface Increases to Elevation 8.9 at at Upstream Water 1 1 - 60' wide weir with crest at elev. 4.0' Surface NGVD, Increases to 5.6 4.0 2 - 5'x 5' sluice gates Elevation 5.6 LCB- 00 -S0150 — Royal Wood Upstream Water 1 - 35' wide weir with crest at elev. 6.5' Surface NGVD, Increases to 8.2 6.5 2 1 - 5.25' x 0.3' Rectangular Bleeder hole Elevation 8.2 with an invert elevation of 5.0' NGVD, 2 - 5'x 5' sluice, agates County Barn Road Weir Upstream Water 3 1 - 20' wide weir with crest at elev. 8.0' Surface 8.0 NGVD, Increases to 8.7 2 - 3' x 3' sluice gates Elevation 8.7 Lely Canal Basin — Region 3 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure_ Page 1 of 4 EXHIENT Tw STRUCTURE DESIGNATION AND DESCRIPTION DEFINED EMERGENCY TRIGGER EMERGENCY OPERATION PARAMETERS NU Open Gates Close Gates LCB- 00 -SO160 — E. of Royal Wood Upstream Water at at 4 1 - 50' wide weir with crest at elev. 7.5' NGVD, 2 - 5'x 5' sluice gates Surface Increases to Elevation 8.9 8.9 7.5 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure_ Page 1 of 4 EXHIENT Tw SFV INM ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Canal Basin — Region 3 continued Agenda Item loo. 3B D y 23, 2007 224 of 260 Haldeman Creek Basin NO. STRUCTURE DESIGNATION AND DEFINED EMERGENCY NO. DESCRIPTION EMERGENCY OPERATION Close Gates TRIGGER PARAMETERS at at Open Gates Close Gates LCB- 00 -SO165 — N. of Whitaker Rd. Upstream Water at at Surface 1 -15' wide weir with crest at elev: 4.5' Increases to 5 1 - 10' wide weir with crest at elev. 8.5' Increases to 9.3 8.5 NGVD, 2 - 5' x 5' sluice gates Elevation 9.3 LCB- 00 -SO167 — Slough Diversion Upstream Water Surface 6 I - 10' wide weir with crest at elev. 9.0' Increases to 9.3 9.0 NGVD, 2 - 5' x 5' sluice gates Elevation 9.3 LCB- I3 -SO100 - Whitaker Road Upstream Water 7 1 — 4'x 4' sluice gate, 4'x 8' box culvert Surface 8.5 7.5 with u eir crest 7.5' NGVD. Increases to Elevation 8.5 Haldeman Creek Basin NO. STRUCTURE DESIGNATION AND DESCRIPTION DEFINED EMERGENCY TRIGGER EMERGENCY OPERATION PARAMETERS Open Gates Close Gates HCB- 00 -S0220 — Weir at Haldeman at at Creek Upstream Water 8 Surface 1 -15' wide weir with crest at elev: 4.5' Increases to 5.1 4.5 NGVD, 1 -3' x 4' wide sluice gate Elevation 5.1 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. Page 2 of 4 EXHIBI '8'. SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Manor Basin — Region 4 Agin Am , 2007 No. 8B a 23 Dage 25 of 260 NO. STRUCTURE DESIGNATION AND DESCRIPTION LCB -00 -S0130 — Loch Louise Weir DEFINED ,EMERGENCY EMERGENCY OPERATION TRIGGER PARAMETERS Open Gates Close Gates at at EMERGENCY Upstream Water ERGENCY TTRIGGER 1 Double crested weir - I V wide weir Surface 9 with crest at elev. 5.5' NGVD, and a 25' Increases to 6.1 5.75 wide weir with crest 5.75' NGVD; Elevation 6.1 Open Gates Close Gates 2 - 5'x 5' sluice gates LCB -01 -50148 —Davis Main Weir Upstream Water Lely Lakes East Outfall Pumping 10 1- 10' wide weir with crest at elev. 7.5' Surface 8.5 8•0 Increases to and 1 - 37' wide weir with crest at elev. Elevation 8.5 8.0'; 2 - 5' x 5' sluice gates 1 -20' wide weir with crest at elev. 2.0' Lely Manor Basin — Region 5 Note; Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject sncture. Page 3 of �� 1 1r, FINED EMERGENCY STRUCTURE DESIGNATION AND ERGENCY TTRIGGER OPERATION NO. DESCRIPTION PARAMETERS Open Gates Close Gates Lely Lakes East Outfall Pumping at at Station (Phase One Construction) 1 -20' wide weir with crest at elev. 2.0' 11 NGVD, 2- 12,000 GPM pumps - Pump 1 on elev. N/A N/A N/A 3.00' NGVD, off elev. 2.75' NGVD Pump 2 on elev. 3.50' NGVD, off elev, 3.00' NGVD LMB- 00 -SO090 — Freshwater Marsh . Upstream Water Surface 4.5 3.0 12 1 - 25' wide weir with crest at elev. 3.0' Increases to NGVD, 1 - 5' x 5' sluice gate Elevation 4.5 Note; Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject sncture. Page 3 of �� 1 1r, SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Manor Basin — Region 6 Agenda item No. 8B D ry 23: 2007 a 220 of 260 Lely Manor Basin — Region 7 STRUCTURE DESIGNATION AND DEFINED EMERGENCY NO. DESCRIPTION EMERGENCY OPERATION TRIGGER PARAMETERS Open Gates Close Gates LMB- 00 -SO120 — S. County WWTP Upstream Water at at 15 Runway 13 1A00' wide weir with crest at elev. 7.0' N/A N/A N/A NGVD (no gates) Elevation 9.7 9.7 9.4 LMB- 00 -SOI IO - Warren Street Upstream Water 14 C4C- 01 -S0100 - S. End of Channel E. Surface 6.2 4.5 1 - 55' wide weir with crest at elev. 4.5' Increases to 16 NGVD, 1 - 5' x 5' sluice gate Elevation 6.2 9.7 9.0 Lely Manor Basin — Region 7 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. Page 4 of 4 AH181 = -:, STRUCTURE DESIGNATION AND DEFINED EMERGENCY NO. DESCRIPTION EMERGENCY OPERATION TRIGGER PARAMETERS Open Gates Close Gates C4C- 01 -S0110 - N. of Wing South Upstream Water at at 15 Runway Surface Increases to 1 - 30' wide weir with crest at elev. 9.4' Elevation 9.7 9.7 9.4 NGVD, 2 - 3' x 3' sluice gates C4C- 01 -S0100 - S. End of Channel E. Upstream Water of Wing South Surface 16 Increases to 9.7 9.0 1 - 30' wide weir with crest at elev. 9.0' Elevation 9.7 NGVD, 1 - 3'x 3' sluice gate C4C- 02 -SO100 — W. of Wing South Upstream Water 17 Surface 1 - 10' wide weir with crest at elev. 8.8' Increases to 9.4 8.8 NGVD, 1 - 5'x 5' sluice gate Elevation 9.4 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. Page 4 of 4 AH181 = -:, South Fioncia water manma- 31011L VfOU "V` Work Schedule Requirements Application No : 980826 -1 Mitigation Plan ID: LELY AREA STORMWATER Activity SUBMIT RECORDED CONSERVATION EASEMENT SUBMIT BASELINE MONITORING REPORT (99, 10, 1.6 ACRES) REMOVE NUISANCE. AND EXOTICS 99 AND 10 ACRE /INSTALL PLANTS 1.6 MAINTENANCE FIRST ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE SECOND ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE THIRD ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE FOURTH ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE FIFTH ANNUAL MONITORING REPORT * T AiMff Agenda Item No. 8B January 23, 2007 Page 227 of 260 page 1 Due Date 05- JAN -2005 05- MAR -2005 05- MAY -2005 01 -OCT -2005 05 -JAN -2006 01- APR -2006 01 -OCT -2006 05- JAN -2007 01- APR -2007 01 -OCT -2007 05- JAN -2008 01- APR -2008 01 -OCT -2008 05- JAN -2009 01- APR -2009 01 -OCT -2009 05- JAN -2010 Exhibit No: 10601' llEliH3 r O d IC a C y ld O C L .L Ci as .. LL C � m .. C dE cr- 0 L � 4% LLJ <D � 43 N M o 'O Q. �L O L LL d rte. CD O •" N N x LU � f Q = rn _ o ao r N 4— co O O L a) N Ve T oa ao `� I d NI .. E � � o C O Z r to q O CL G1 3 U CL d = n CD C Q Agenda Item No. 8@ larluary 23, 2007 Paae 228 of 260 V) Y U J C Q cn cu N N N m Via, �� -- �� 0 c o cc o m m a�i �Q m¢ U CD da = cn W v w Z w $- H O H N I- N Z cr2 tl! Z Q Z Z (32 Z Z i N tM ,O� ,O N 'M W 19 cn m T m rz m a@ p a V C U I c U L U LL Q W Q I - W Q I ll! Q V O O p O 'O V O O 'O O O N , *15 N N O 41 Q a H y 2 T _ ~ E a. a E �d a. ¢ �- ¢ °a w O C7 N I N N I d N N ! . y Q y -e °v -v w w C] �rn m V 3Q1 m N 0 �rn m N :3 cm m N Q C ai In C V N C U N C U C U y O O Q D¢ O D Q Q c. N a Qf N a� y V p N M U O) M Co Q Q U D1 I M O) W Q CL v CL Q a d CL Q EQ EQ EQ EQ U s U m aa U n Q U aoa . H N N -� V) Y U J C Q cn cu N N N m N i Q m < c o a o w -0 a�i = U Z V) = cn Q v Z O -ca m I- 02 Z cr2 Z 0 O O 3 a z b C fy a Q m _x m m m a�i Z aoi ? a�i v -ca m w 02 Z cr2 Z Q CYO Z (32 Z ' W O O O � u Z 21 T- Z7 H CD ._ ._ LU 41 Q a cu _ ~ d d a a Z w O C7 C7 c d Q °v -v w w O O O Q C ai N T - os U Q y O O o o r m o O a� y W J p o. Q Q Q a Q Q Q H N N -� }' °_ W .. ° v _ _ O ° M it _ c) .. _-� O U 3: c.n � V 3 ° r1181HX3 r f O N as m a c E: c to ca u. i; M E c m E L = d W rn 0 o n. L w � 7 � V) K W Q Qf r r O C& r N QO L � � N s+ CO Ni .. E c o z c N o ° IL X m U s c a a c a Agenda Item No. 813 January 23, 2007 Page 229 of 260 CD �z -, V I I N � a I a Q I W I Z O ! M m c°3 rn o c ° � U a W Q i it N N CD 0 O O m m � i cp ce m f9 N b m E aQ as °. I y N d C M CL ° E¢ f EQ I U cs N G a E °: — f- � E � I N N v 0 U- � c i U M O m U Q 2 I i d r I O Y LU .T ca 0 _Q Z 0 U- Q CC j �O t 1 d Q CU O D1 N N J 0 rn N d D 0. O c F- cNj y O in �- In O Agenda Item No. 813 January 23, 2007 Page 229 of 260 Agenda Item No. 85 J inLjary 23. 2007 Page 230 of 260 E31 I%& H x 3 Lu� Lu m _ < W Fl uj C/) z 0 Oz 0 two CL w¢ w OCDOCOCOO 0 C a 0 0 0 0 00 C. CDC) 0 C. OC>OOCDc O 0. 0 C. 0 CD D NN E EL< CL lw > > 0 o CD M C? N Q cn ca N a CI 0 0 CD CD N C of O co U? cD Ci Op U7 o V. CD 17 CD " CD 17 a Clf o 7 0 • � C) Cl! 0 a? 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C,� r-: co 0) < R: F0 �2 --T -e 6 Ln n CN N N N " in N LO N 0 N n N to N kri N LO N Ld cv n N LO " in N L6 N U) Q Agenda Item No. BB —January 23, 2007 Page 231 of 260 TbOjjjE1lHX3 , M 1 1 2 M I M 1 0 e Fl W a S i U i i co 0 1 aim 1 1 < Uj I W Z I CL c cc cc W W < LU < Uj < 0 CD CD 49 M Z3 E a- < CL < C, < CL 0 CL lC5 CM CD w M I cm M 1 CD Z3 1 . — , -0 b < CL tM CD Z I CD 'M ca CO IE 31 IMM 0 M M M M 0 CL Cl O cx 2 Eu E¢ E¢ < < CL as CL CL a ELF LU V 'a W 0 < < 0 B cc cc 0 7 i n M 0) i am C6 pg am z N V4 ca z C) z L. co 0 U) Ul W w < Z CL Z i z 0 cy z .2 '& 0 CD L: 0 0 0 CD a) > 0 > LO LO 17 7 w w E cm ( 4 (D d) D w _:T CD En cu M ca z 0 0 < 0 < < 2 W zz U Ui CL 13 0 3: C14 to 0 Q 10 in C> Agenda Item No. SB January 23, 20017 Page 232 of 260 tl '4) r -- i a ID 4 um, w o �a W'! Ln y d zl 0 m i IL C ID - c0 N I w¢ m m 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m¢ C E 4 CL I m ai I C O c m N c u = Q N 2 IL .V . w ! U O) O O O O O O O L7 t N O cD O O O O W O t- O N O t7 O O o O O O O O O O O O O O a a .- cc E ¢ O u c CD ,. E d m y, an v v -0 5 % v m t5 v o c o m '> E E E E w L� n n a a +.+ a) N V) 07 0 c9 c0 N N 0 Q7 N N m W 0 Q) 0 0 O N V) m V) V) a) m QI m N m cl V7 0 N N N a) N 0 O 0 0 Q) N a a a a o. a 2 � n `o_ C. fl. 13 CL ca ry U U @ U U U U U U U m U O O O O O O O O N C ' N N Cc) j C O O O O LL C iL > O O O O O O O p ? d O O O O v @ 3 3 Q v a T a a a 0 u. LL LL LL LL aai LL LL N U U U U U LL LL LL� Ui VI 4 d d C C C C C C N _m N `d 2 O ` O O .O 2 a O N fl_ N N N c0 _ a) a) T T a7 U U d a. a a a- a) n_ E cL cn v in cn cn Y) co 2 U 2 a Q Q a a a LU _ Q _. m m c N 0 2 }} z z} z z Z Z Z> Z }} }} 'II O cc 0 C9 ZO _2 al Q Q Q Q Q Q Q Q R a c CD 0 o o 0 o o n o 0 m z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 0 0 0 a O O O O O O O O O O O O O Q O O Q Q O O Q 0 0 0 0 0 0 0 N o a a n_ 0 0 tL CL 0 u_ U- a LL a 0 m U c� c7 c7 N m j O O O O O O O O O O O O O O O O O O O O O O O O O O O O N m }. a) O LO N tD O r-� Cl! M O N t M M f` U� N �A 3 0 m @ r O Z -i a N O O ❑ IL Q y r . C'J t to cD . Q1 r- N O �- !"7 t 11') to Ql Q' Q r r r r r r r �- .- r r N cl t to tD t.. m (� .._. __ VT .�- .^- 07 ao 00 W O a0 DD of OO W 07 O m — t• O m y aQ � I o� I 11 I a d � I w ' I � ,D •. O O O �00 � I i 0/ W� IE a �¢ ! I i aQ I i t o I I m cc I N N a p C VI D Q' ! �¢ I a 01 I I V d) O O @ O O O °• C, I a y o o I E Q ! Q co i CL fl. i 'f I Q. T. 'I a r 0 �o d >a R a c O E L O c a+ y v m L � O N_ O a.+ U. C O «� E c as ID E a`) w w L O O a- U- 0 N N .X W M T o w � N � O O L � Ui T O ;~I N N � C O Z y C !A p C x dI x CL = a D a 1I QI I I� II I c i� E o ' d ! m I 1 ° 1 0 I a j i Agenda Item No. 86 January 23, 2007 Page 233 of 260 o . L v I US .O N N Z m a� O dCD ca a¢ C �^ v � I U c , O 10 M m ' R 10 CL E¢ U CL CL (0 N: I I I I I Q 1 i 2 iLTJ tOD 'IO �� 1 LL 5 11 y '6 -0 t6 LL I I ! ! 1I «6 '- n @ f Z . M I I i tv ; ! m �aa, �O I m Og:. I O! I 1 ! I o (7 I ! w '1I d Z i o O o O I z l E ¢ ! G Q o 1 d.. m 01 ,I p X10 1. m ! > O O O .O I cu fD d m i cn w I on m w i d U O' is aD cv O V I,_ 10 to co ai rn I I Q 1 i 2 iLTJ tOD 'IO �� 1 Agenda Item No. SB January 23. 200- 7 ' Page 234 of 260 4`4 IIEIIHX3 .2 .2 2! < cr- cn 1 1 W z I z 1 tm 0 i I 0 m '9 CL. 0 m CD mm <�3 L) < uj ui w (B Q) al N cc I m m cn 1) q 0 E � < 0 < 0 CL CL 0 — y Vim: (p > (D 0 m cm m cu 2 C: 0 Z) < Z) < IL (L v as 4) 4) cu cn n C> 0 0 Im 0 0 cm C=) �CD cc am C13 cli cq to M CZ M C� CL CL 2 CL 2 w E g L, L) O CD < < LL (D 5 t ir) CL CD tu 4) cu E CL CL CL s CL cc 0 4) uj V) cn CD CD m fC W 73 L) ru CL 0 0 C) FL ZM c < < E LL -0 'Zi 78 ?t.- ca -0 0 Z a) 2 In Ev > w m m U i L) Co cu 17 ai, d) :3 (D Z z z C-4 LO 02 z 0 z 2 co z CD z 00 0 0 LU co 0 0 0 CD z E 0 0 C) o 0 E 1 0. 1 0 (D (D 0 z I z z 0 > C) CZD n > 0 0 C) c) I a) V) N. (D �lp r--: I r--: I CY (D w IX) LO ) 0 z J 4) cu m cu a. t CL M. < .x y < c CL :2 LU 2. v CD C) J2 M C) F— F) ice' Agenda Item No. 8B January 23, 2007 Page 235 of 260 13 1 14)(M� �_ I y U -• O W1 N j Qi Q N 21 tM M I I a Cc I L1.1 � m O n 0 E a ; co O y 1a ts C7 O O N O N [0�7 O O M M N V: N q 000. IT � N COO• N O m N d _ 1 9 � m CD,,, v d a s m a� d m m d C1 E p p p U i5 O i5 C] 0 Cl 5 O 5 i5 5 6 C] 5 O 5 �' C] O E E E E E E E E E E E CL a CL d CL CD C to 'O N C rn - OI m m Ql @ N m m M m rW N to CL M D .O D D D D D D D D N U ci j v U co M ca m Q. N Q •p d N C G C C C C C C C C C c o a o 0 0 4 a a [7 CL d 0. D- LL a m o a o a o LL `o � •� �I � rn N 07 N N N !/1 N N V7 N N N N N N C (9 N C V7 wn V) y N N vl u) N N N rn ✓� U LL LL N = N LL t0 OJ N 0) 01 O7 01 N N N d N d N N 0) d .N d 0) a o. a s `a. o- M a o. n m a o. a s o. "• K Q C C >, co T C N T T T T T T T T T T T T T T T T W ca fj I M Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z v- d o Z l O o co C? N � W I � � ❑ ❑ O O � O O � O O ❑ O ❑ ❑ O O ❑ D ❑ D ❑ ❑ ❑ ❑ ❑ O a l aci I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0¢ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co w ( Z 1 n I C=3 Cal C0.7 0 0 a O U n C7 C7 u C9 C9 C9 C7 C7 C7 C9 C7 C7 C7 C9 C7 C7 C7 C7 (7 i rte+ Q I O N t O ON � M N 00. N O 0 L N M O 0 M T N Lo w N N co C1 C Z J d ;= V C N p o O o �I .� M 'd; r N Cl r � N M LQ O N tl; (0 r N M d• f` 00 G _ N co 7 G f!T I 1LLJ Q1 O) O) N N N t'O'7 c0�5 c07 M M f0') M M [7 M m cN+I M M M M fN'7 Q V �--' -- ---' N r r Agenda Item No. 8B January 23, 2007 Paae 238 of 260 o —� o� »Od od wQ I I 0 I �.Q I w I w! a I z I i I z z 1 0 I R j o I a CD w CD Q. 0 { U M 0 ! I G C I I I C N C; m W¢ ( W¢ j j W¢' I Z rn o _ rn Zn I � d G c d I N � d. I ( d I y� ; l 1 N E ❑ I i 0- I i °Q E n- Q p j o a O > d m . I ❑� o yam: C O ! Q O C Q O N d Q.. I 2 = d v M 10 M 0 0 0 l .cn o 0 6- 7 a� ° I a M o 0 0 o M o o O I E � �' E Q E) LL `� ! i CU d y m ro m I n n n Cl ; o -= - - N R O ` p O ` p_ i I d a x _ = o j W j Z11 Z11 d) 1 O N CO tp ! L7 CO I d� Z r Cif Z I Z z zI I i ca vi c9 rn D LU LLI LWU I Y r °z o f Z o Z Z z c cy Z a a ai w(D e2 ! j _° r2 0 0 0 j 0 10° N a d o r d o cv c? d o J ❑ I W ❑ �-i co N W Cl w w G O z J a I ca J m d J a�f m H o o Q a Q ❑ l a CL cl g CL w 0 to N 1 Im CL Q y 'L_ _—Iy u7 ice- L) — —0 u) o = lr-1 0 _i0 to o I�ID 0 r d R d c 0 E O c N 1 � Q 1 a+ CD U. - G d t 5 M W > O N v C. L 0 o a 1. O N w r � O � � N c o L co OS n •� a +�+I CD C O Z H p O .X O U (n Iz O I c 01 E O d Q N O Q i N Z of W aIIi a) Z @'' aD w N N U II d 6 'lC A . G3: fd C Q Cf U (a O S6 m O Q d U Oj LU j Of ` 'E O;E z Q ±O i O 1 > J L CL O IL g _ —In N C1 Q. CL Er Q] 0 cz CL W- II C c @ U . T 7 C7 z C3 z O O cn CD rn c4' N U v . o ICO t i i i 1 Agenda Item No. 8B , January 23. 2007 Page 237 of 260 'a d a r a W < w d : cn - y 0 a (D L a) N 01 �¢ [OOp O N d0' O O O O C4 O O N O L t6 N EQ O. p- O O O❑ D❑ O O 5 0 0 0 01 ❑ O E E E E a n L cL a of m c a aNi to m d d N d ca a a s d m T m m a c co m u m � C N C C m � o. v � � �� a s a�i z S o d CL f6 i N N U N N rn U N N N N N T y a N f N M y N m> T � U U U U T N d I i O 10 c0 ' I • J jw O U a 0 O Ui 1Qi z C09 CL C07 0 L O 0- Ui � i Q Z iti m u4 O O O O O U O O O O N Z C, C W LU � � o e I I ' I i I I t i i0 •I iM I i I ' LL a 0 O Ui 1Qi z C09 CL C07 0 L O 0- Ui � i Q Z iti u4 O O O O O O O O O O N O0,� C, C W d U Q —° 6 N° L6 L6 to r V 0 r M c m r to w rn� ci c w O 0 a> > s Q f N O a I, I i I s w Q z CdC � ~ G CL O > � Q a c7 'i rn m CL W. ' Z fY H o ii o' 1181HX3 m rte. I r O W 1 r � O a R 0 ... M v � fA r+ R ❑ U- C � E C d Q1 E C = Icli OL C •� L C eii LU D O � d C_ O o ri w � C � O � X LU _ T - O N Y. co 4 CD Vl � d � tv � yl •• E C O Z N p O CL C1 w U_ w CLI a E i a a o a m> i i I N : I p°. V E rn rn cp. m O) d U Q Q> c0 N O> O y IN O I Q I CD ca N Q I C cc CL � U Q � U Q Cl- co i = lL _ Q! Z O: C C7 W —y Q Cl Q1 a � i d ca a LU Z I rn j a N ' 1 ! V) O y LL T (V O m i i 7 � I Q- o D 0� cu U i U o m N CD d z o o Q) U cm C c0 c9 a c0 in N N h ,n L U C Q- � ! I I CD M 0 N N iCO m O CL a d C Z ) � LL -2 (D O 01 O c0 Io iu-� i �m N N, O c0 O IO iI` -O U Q1 �O I N CO to N ;co (D o cm : N N fl � i j I U ¢ it U C N fZ d U a) U a) F- A N O O N 3 = cn (0 I U C cu K N cu U i U IV z z O m O CL a d C Z 0 � LL O 01 O c0 Io iu-� i O c0 O IO iI` Q1 �O I N CO to N ;co : N i j I U ¢ i ! CO N Agenda Item No. 83 January 23, 2007 Page 238 of 260 LELY AREA STORMWATER IMPROVEMENT PROJ,Ca Item No. 8B WATER QUALITY AND WATER QUANTITY STRUCTURE SU Mr 02060 Page 239 Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 12.2 inches Basin Allow Disch Method Of Peak Disch Peak Stage 1#4 Determination (cfs) ft NGVD Lely Main Canal: LCB- 00 -00003 N/A N/A 963 3.47 (S. Lake) Lely Manor Canal: LMB- 00 -COD01 NIA NIA 212 2.99 (S. Lake} LMB- 01 -CO005 N/A N/A 334 4.41 (S. Lake} Conveyance Design: Design Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 12.2 inches Conveyance Conveyance Peak Stage Peak Stage Upstream (ft.) Downstream (ft.) Lely Main Canal Basin: 4.25 DORAL_BOX 4.43 6.00 4.95 HCB00S0210 3.58 3.47 LCB0000003 3.92 3.58 LCB00C0005 4.09 3.97 LCB0000025 4.25 4.09 LCB0000027 6.61 5'57 LCB0000035 6.03 5.91 LCB0000045 6.08 6.03 LC B0000046 6.15 6.08 LCB0000047 6.44 6.46 LCB0000055 8.50 8.50 LC B0000069 8.51 8.50 LCB0000070 8.78 8.77 LCIBO000071 8.80 8.80 LCB0000072 9'22 LCBD000073 9.22 LCB0000075 9.23 9.23 LCBOOSO110 3,97 3.92 LCBOOS0130 5.91 5.61 LCBOOS0140 6.46 6.15 LCB00SO151 8.15 8.00 LCB00SO152 8.22 8.17 LCB00SO153 B.36 8.22 LCB00SO 154 8.44 8.37 LCB00SO155 8.42 8.36 LCB00SO156 8.43 8.43 LCB00SO157 8.44 8.43 LCB00SO158 8.47 6.44 LCB00SO159 8.50 8.47 LCB00SO164 8.80 878 LCB00SO166 9.23 9'22 LCB01 C0005 4.09 4.09 LCB01 C0007 6.04 5.78 LCB01 CO015 6.13 6.04 EXHIBIT 11 a LELY AREA STORMWATER IMPROVEMENT PROJECT �, WATER QUALITY AND WATER QUANTITY STRUCTURE SU &M`7m No. SB LCB01 CO021 LCB01CO025 LCB01CO037 LCB01CO039 LCB01 CO043 LCB01 CO045 LCB01 CO053 LCB01 CO057 LCB01CO065 LCB01CO075 LCB01 CO085 LCB01 CO095 LCB01 CO105 LCB01CO107 LCB01CO109 LCB01 SO1.00 LCB01SO112 LCB01SO120 LCB01SO140 LCB01SO142 LCB01 SO146 LCB01SO150 LCB01SO160 LCB01SO170 LCB01SO180 LCB01 SO190 LCB09CO025 LCBD9CO027 LCB09CO045 LCB09CO055 LCB09CO065 LCB09CO075 LCB09CO085 LCB09CO095 LCB09SO010 LCB09SO020 LCB09SO030 LCB09SO040 LCB09SO050 LCB09SO060 LCB09SO100 LCB09SO110 LCB09SO111 LCB09SO120 LCB09SO121 LCB09SO130 LCB09SO140 LCB09SO150 LCB09SO160 LCB10C0005 LCB10C0007 LCB1000015 LCB1000025 LCB12C0005 LC612CO015 LCB12SO100 23, 2007 6 14 6 13 Page 240 of 260 EXHIBIT 11 b 6.30 6.29 6.98 6.96 7.00 6.98 7.09 7.09 7.11 7.11 8.49 8.49 8.52 8.40 8.54 8.53 8.56 8.56 8.57 8.57 8.60 8.60 8.65 8.63 8.67 8.65 8.78 8.67 5.78 4.09 6.29 6.14 6.53 6.30 7.09 7.00 7.11 7.09 7.13 7.11 8.53 8.52 8.56 8.54 8.57 8.56 8.60 8.57 8.63 8.60 6.66 6.60 6.84 6.79 8.74 8,73 8.84 8.83 8.85 8.85 8.88 8.88 8.88 8.88 8.88 8.88 6.21 6.08 6.22 6.21 6.24 6.22 6.25 6.24 6.60 6.25 6.79 6.66 7.01 6.84 7.28 7.01 8.73 8.67 8.81 8.74 8.83 8.81 8.85 8.84 8.88 8.85 8.88 8.88 8.88 8.88 6.41 6.30 6.49 6.41 6.66 6.49 6.84 6.66 8.83 8.80 9.22 9.17 9.17 8.83 EXHIBIT 11 b LELY AREA STORMWATER IMPROVEMENT PROJk Jda Item No. 8B WATER QUALITY AND WATER QUANTITY STRUCTURE SUMMAW, 2007 Page 241 of 260 LCB13CO005 8.24 8.23 8.24 LCB13C0010 8.24 8.22 LCB13S0080 8.22 8.22 LCB13S0090 8.23 8.24 LCB13S0100 8.25 8. LC613S0101 8.45 844 LCB14C0005 8.45 .44 7.01 LCB14C0007 7.01 8.80 LCB14SO080 8.57 8.57 LCB14S0090 8.44 7.01 LCB14S0100 7.01 9.27 LCB15C0005 9.29 9'23 LCB15S0100 9.27 8.81 LCB16C0005 9.16 6.24 WCBRNC01 6.24 6.25 WCBRNC05 6.26 6.27 WCBRNC07 6.27 6.27 WCBRNC09 6.27 6.27 WCBRNC10 6.27 6.27 WCBRNC12 6.27 6.27 WCBRNC13 6.27 6.24 WCBRNS02 6.24 6.24 W CBRNS03 6.25 6.25 WCBRNS04 6.25 6.26 WCBRNS06 6.27 6.27 WCBRNS08 6.27 6.27 WCBRNS11 6.27 Lely Manor Canal Basin: 9.33 146 9.43 9.33 9.19 148 9.19 9.15 5 165 9.15 8.88 8.18 7.39 294 9.33 9.33 318 8.20 8.18 322 9.69 9.69 383 9.69 9.69 387 9.69 9.59 388 9.41 9.37 405 9.37 9.33 407 9.69 9.69 418 4.51 4.50 428 4,52 4.46 432 9.59 9.41 479 9.69 9.68 501 8.88 8.84 LINK10 8.84 8.78 LINK6 8.78 8.35 LINK6A 8.35 8.20 LINK6B 3.20 2.99 LMBO000001 3.20 LMBO000002 3.24 LMBO000003 3.26 3.24 LMBO000004 5.75 4.50 LMBO000005 5.78 5.75 LMB00C0011 5.93 5'90 LMBO000013 5.94 5.93 EXHIBIT 11 c LELY AREA STORMWATER IMPROVEMENT PROJE Trod a WATER QUALITY AND WATER QUANTITY STRUCTURE SU� 3 2o0B7 LMBO000015 LMBO000020 LMBO000022 LMBO000025 LMBO000035 LMBOOS0100 LMB01 C0005 LMB01 C0025 LMB01 P0035 LMB01 SO105 LM602C0011 LMB02CO015 LMB03C0003 LMB03C0004 LMB04C0005 LMB04CO015 LMB04SO080 LMB04 S0090 LMB04S0095 LMB05C0003 LMB05CO005 LMB05C0025 LMB05SO080 LMB05SO090 LMB07C0005 LMB07C0013 LMB07C0015 LMB07C0025 LMB07C0035 LMB07C0045 LMB07C005-3 LMB07C0065 LME07SO090 LMB07S0110 LMB07S0120 1-MB07S0130 LMB07S0140 LMB07S0150 LMB08C0005 LM B08C0015 LMB08S0090 LMB09CO005 LMB09C0010 LMB09S0105 LMB09S0110 LMB10C0005 LMB10C0010 LM61000015 LMB10S0100 westout 6.13 5.94 6.15 6.13 6.17 6.17 6.17 6.17 6.17 6.17 5.90 5.78 4.46 4.41 4.56 4.52 4.96 4.56 5.06 4.96 4.50 4.46 4.51 4.50 4.71 4.51 4.75 4.71 5.11 5.12 5.06 5.07 5.12 5.15 5.07 5.11 5.09 5.06 5.17 5.15 5.44 5.38 5.72 5.67 5.38 5.17 5.67 5.44 4.51 4.51 4.55 4.53 4.62 4.55 4.73 4.62 5.86 5.80 5.96 5.87 6.02 5.97 6.12 6.03 4.53 4.51 5.80 4.73 5.87 5.86 5.97 5.96 6.03 6.02 6.13 6.12 5.73 5.72 5.80 5.79 5.79 5.73 5.81 5.80 5.87 5.85 5.91 5.87 5.85 5.81 5.91 5.91 5.90 5.90 5.94 5.91 5.90 5.91 4.41 4.40 Pang 7di of ?rn Control Elevation: Structure Area Ctrl Elev WSWT Ctrl Elev Method of (Acres) ( ft, NGVD) ( ft NGVD) Determination EXHIBIT 11 d LELY AREA STORMWATER IMPROVEMENT PROJICI)da Item No. 8B AND WATER QUANTITY STRUCTURE SU "of 260 WATER QUALITY Surrounding Projects -- Lely Main Canal Basin: 8 00 &lor CoBarnWeir N/A 8.00 Wetlands Ditch Block N/A 8.50 $ 50 HCB -00! S0220 N/A 4.50 4.50 LCB- 00 -S0120 N/A 4.00 4.00 LCB- 01 -SO148 N/A 8.00 8.00 LCB- 01 -SO148 NIA 7.50 7.50 LCB- 00 -SO160 N/A 7.50 7.50 LCB- 00 -S0165 N/A 8.50 8.50 LCB- 00 -SO167 N/A 9.00 9.00 LCB- 00-SO150 N/A 6.50 6.50 LCB- 01 -S0130 N/A 5.50 5.50 LCB -01 -50130 N/A 5.75 5.75 LCB- 08 -SO110 N/A 4.50 4.50 LCB- 08 -SO 110 N/A 6.50 6.50 LCB- 13 -S0101 N/A 7.00 7.00 LC13- 14 -S0090 N/A 7.50 7.50 LCB- 14'S0090 N/A 8,50 8,50 RIV W WEIR N/A 4.00 4.00 SpreadLake N/A 1. 2.50 2.50 Lely Manor Canal Basin: 295 N/A 7.00 7.00 408 N/A 8.80 8.00 451 N/A 5.00 5.00 503 N/A 9.00 9.00 506 N/A 9.40 9.40 LMB- 00 -S0010 N/A 2.80 2.80 LMB- 00 -SO090 N/A 3.00 3.00 EXHIBIT II e LELY AREA STORMWATER IMPROVEMENT PROJE S n4,,', Pn �,� WATER QUALITY AND WATER QUANTITY STRUCTURE SU 23, 2007 LMB- 00- S0110. N/A 4.50 4.54 Page 244 of 260 Westout N/A 3.00 3.00 Receiving Body: Basin Str# Receivina Body Lely Main Canal Basin Spreadlake Wetlands of Dollar Bay Lely Manor Canal Basin Westout Wetlands of Sandhill Bay Discharge Structures: Note: The units for all of the elevation values of structures are (ft, NGVD) EXHIBIT II f All other units are (inches) Weirs: Str.# Count Type Width Height Length Dia. Elev. Lely Main Canal Basin: CoBarnWeir 1 fixed crest 20 1.0 8.00 Ditch Block 1 fixed crest 10 8.50 HCB- 00 -S0220 1 fixed crest 15 2.0 4.50 - LCB- 00 -SO120 1 fixed crest 60 4.00 LCB- 01 -SO14B 2 fixed crest 37 1.0 8.00 fixed cress 10 1.5 7.50 LCB- 00 -SO160 1 fixed crest 50 2.0 7.50 LCB- 00 -SO165 1 fixed crest 10 1.0 8.50 LCB- 00 -SO167 1 fixed crest 10 1.0 9.00 LOB- 00 -SO150 1 fixed crest 35 2.0 6.50 LCB- 01 -SO130 1 fixed crest 11 2.5 5.50 LCB- 13 -SO101 1 fixed crest 12 7.50 LCB -14 -50090 2 fixed crest 2.5 7.5 7.50 LOB- 14 -SO090 1 drop inlet 14 8.5 8.50 SpreadLake 1 fixed crest 1160 2.50 Lely Manor Canal Basin: Westout 1 fixed crest 1000 3.0 LMB- 00 -S0120 1 fixed crest 100 7.0 C4CO2S0100 1 fixed crest 10 1 2 8.8 C4C01 S0100 1 fixed crest 25 9.0 9.0 C4C01 S01 10 1 fixed crest 30 1.1 9.4 LMB- 00 -SO010 1 fixed crest 1000 2.8 LMB- 00 -SO090 1 fixed crest 25 1.0 3.0 LMB- 00 -SO 110 1 fixed crest 55 3.5 4.5 SWM(Internal) Structures: Note: The units for all of the elevation values of structures are (ft, NGVD) Culverts: Str.# Count Type Width Length Dia. Lely Main Canal Basin: RH_Road 2 RCP 2600 3 LINKI2C 2 RCP 60 2.5 LCB 16CO005 1 RCP 50 1.5 LCB09SO160 1 RCP 40 3 LCB09SO150 1 RCP 60 3 LCB09SO140 1 RCP 60 3 LCB09SO130 2 RCP 35 3 LCB14SO080 1 RCP 33 2 LCB14SO100 1 RCP 1200 2.5 WCBRNS11 2 RCP 40 2 WCBRNS08 2 RCP 80 2 WCBRNS06 2 RCP 25 2 EXHIBIT II f LELY AREA STORMWATER IMPROVEMENT PROJKTda item No. WATER QUANTITY STRUCTURE SL OB 260 WATER^QUALITY AND 24'of WCBRNS04 2 RCP 100 550 2 5 WCBRlNS03 1 RCP 2200 5 WCBR'NS02 1 RCP 1200 2.5 WCBRNC01 1 RCP 320 LCB09S0010 2 RCP 50 3 3 RIV_LK2 2 RCP 50 3 R1V LK1 2 RCP 50 2.5 LC60830101 3 RCP 40 4 LCBO0S0130 8 RCP 650 3.5 LCB01;�C0109 2 RCP 120 7 LCB01 50142 2 RCP 200 7 LCB01S0140 2 RCP 350 7 LCB01SO120 2 RCP 1275 4.5 LCB1( -0025 1 RCP 1400 4.5 LCBlDC0015 1 RCP 1300 5.5 LC61O -0007 1 RCP 1000 5.5 LCB1DC0005 1 RCP 50 2.5 HCB00S0210 2 RCP 30 5.5 RIV LK3 1 RCP 33 4.42 LCB151SO100 1 RCP 40 4 LCB12rS0100 1 RCP 7 100 4 LCBOOVSO140 3 RC Box 8 30 4 LCB00S0151 2 RC Box 12 20 4 LCBODS0152 2 RC Box 8 100 4 LCB00SO153 2 RC Box 8 30 4 LCB00,S0154 1 RC Box 4 LCB00 }50155 1 RC Box 8 25 4 LCB0030156 1 RC Box 8 60 4 LCBOO 30157 1 RC Box 8 30 4 LCBOQaS0158 2 RC Box 8 30 4 LCBOG)50159 2 RC Box 8 50 5 LCB00S0164 1 RC Box 10 60 5 LCB00S0166 1 RC Box 10 60 4 LCB01 S0100 2 RC Box 8 100 4 LCB01; 50112 2 RC Box 8 35 4 LCBOT 50146 3 RC Box 8 175 6 LCBO'l SO 150 1 RC Box 12 125 7 LCBO'; SO160 1 RC Box 9 100 LCBO+;S0170 1 RC Box 9 70 7 4 LCBO .' S018O 1 RC Box 7 100 4 LCBOBS0100 1 RC Box 7 100 4 LCBOR50020 1 RC Box 8 40 4 LCB09S0030 1 RC Box 8 153 4 LCB09S0040 1 RC Box 8 60 4 LCB09S0050 1 RC Box 8 2700 4 LCB09S0060 1 RC Box 8 310 4 LCB09S0100 1 RC Box 8 750 4 LCB09S0110 1 RC Box 8 2080 4 LCB09S0111 1 RC Box 8 760 4 LCB09S0120 1 RC Box 6 720 4 LCBO9SO121 1 RC Box 6 450 4 LCB13S0080 1 RC Box 8 100 4 LC613S0090 1 RC Box 8 1870 LCB13S0100 1 RC Box 8 60 4 LINKI 1 A 4 RC Box 6 100 4 RIV VV OUT 1 RC Box 6 40 EXHIBIT II g LELY AREA STORMWATER IMPROVEMENT PROJECT WATER QUALITY AND WATER QUANTITY STRUCTURE S } No. SE �3. 2007 Lel Manor C I B Page 246 of 260 y ana assn. 207 1 RCP 152 4 430 3 RCP 33 3 434 3 RCP 33 3 441 2 RCP 50 3 453 1 RCP 33 4 464 4 RCP 110 2.5 475 1 RCP 33 2.5 486 1 RCP 33 1.5 488 1 RCP 40 3 498 1 RCP 33 3 510 12 RCP 55 3 255 10 RCP 30 1 267 10 RCP 20 1 LMB12SO090 3 RCP 50 2.5 LM603S0100 3 RCP 180 4.5 LMB07CO035 1 RCP 250 6 LMB07CO045 1 RCP 800 6 LMB07CO055 1 RCP 450 6 LMB07CO065 1 RCP 750 6 LMB07SO110 1 RCP 160 4.5 LMB07SO120 1 RCP 60 6 LMB07SO130 1 RCP 60 6 LMB07SO140 1 RCP 60 6 LMB07SO150 1 RCP 60 6 146 1 RC Box 8 1250 4 148 1 RC Box 8 700 4 165 1 RC Box 8 100 4 166 1 RC Box 8 1100 4 167 2 RC Box 8 40 4 241 1 RCI Box 8 350 4 322 8 RC Box 6 40 3 418 1 RC Box 8 40 4 432 i RC Box 8 33 4 388 1 RC Box 5 40 3 LMB12S0090 1 RC Box 8 70 4 LINK10 2 RC Box 12 35 4 LMB00C0020 1 RC Box 8 65 4 1-ivIB00S0100 2 RC Box 9 175 5 LMB04SO080 1 RC Box 8 60 4 LMB04SO090 1 RC Box 8 260 4 LMB04SO095 1 RC Box 8 350 4 LMB05SO080 1 RC Box 8 120 4 LMB05SO090 1 RC Box 8 200 4 LMB07SO090 1 RC Box 10 40 5 LMB08SO090 1 RC Box 8 260 4 LMB09SO105 1 RC Box 8 40 4 LMB09SO110 1 RC Box 8 40 4 LMB10SO100 1 RC Box 8 250 Slide Gates: Str.# Count Type Width Height Inv, Elev. Lely Main Canal Basin: LCB- 01 -SO130 2 Square gate 5 5 0.0 LCB.- 01 -S0148 2 Square gate 5 5 0.0 LCB- 00 -SO120 2 Square gate 5 5 -1.0 EXHIBIT 11 h LELY AREA STORMWATER IMPROVEMENT PROJRgIda Item too. 8B WATER QUALITY AND WATER QUANTITY STRUCTURE SUMMARY, 2007 Page 247 of 260 LCB- 00 -SO150 2 Square gate 5 5 2.5 CoBarn 2 Square gate 3 3 4.0 LCB- 00 -SO160 2 Square gate 5 5 2.5 LCB- 00 -SO165 2 Square gate 5 5 2.5 LCB- 00 -SO 167 2 Square gate 5 5 2.5 Lely Manor Canal Basin: LMB- 00 -SO090 1 Square gate 5 5 -3.0 LMB- 00 -S0110 1 Square gate 5 4 0.0 C4C- 01 -S0110 2 Square gate 3 3 1.0 C4C- 01 -S0100 2 Square gate 3 3 4.0 C4C- 02 -S0100 1 Square gate 5 5 4.5 On Off Capacity Pumps: Str.# Pump # Type Elev. Elev. gpm Lely Main Canal Basin: LMB- 07 -SO090 1 Vert Prop 3.25 3.00 12,000 2 Vert Prop 3.50 3.00 12,000 Water Quality Sructures: Str.# Count Type Width Height Inv. Elev. Lely Main Canal Basin: LCB- 00 -SO150 1 Rect. Orifice 5.25 0.3 5.0 LCB- 01 -SO130 1 Rect. Orifice 11.0 0.25 5.5 EXHIBIT 11 i URBAN STORMWATER MANAGEMENT PROGRAM 1.0 Introduction r-%}n is L i, cvvsr Agenda T ern No. 8B January 23, 2007 Page 248 of 260 This document provides details of the Urban Stormwater Management Program for the (Project Name) in (location). This Plan discusses non - structural controls, intended to improve the quality of stormwater runoff by reducing the generation and accumulation of potential stomnwater runoff contaminants at or near the respective sources for each constituent, along with significant structural components of the primary stormwater treatment system. Although many of the methodologies and procedures outlined in this document are general Best Management Practices (BMP's) which can be useful in attenuating pollutants in many types of urbanized settings, the implementation of these practices has been optimized, to the maximum extent possible, to reflect the unique character of the (Project name) and the surrounding hydrologic features. Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance of the stormwater management and treatment system; (b) routine water quality testing; and (6) construction activities. A discussion of each of these activities is given in the following sections. 2.0 Nutrient and Pesticide Management Nutrient and pesticide management consists of a series of practices designed to manage the use of fertilizers and pesticides so as to minimize loss of these compounds into slormwater runoff and the resulting water quality Impacts on adjacent w@lerbodies lmplementation of a management plan will also maximize the effectiveness of the nutrients and pesticides that are applied. Each homeowner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent c^ntaminatlon of surface Lya }e "s. The gL;idelln?s Included in this section are intended to help homeowners make educalea environmental choices regarding the maintenance of individual yards within the community. These mai,ntena, ce and management guidelines are meant to promote an attractive neighborhood that preserves the health of adjacent waterways and environmental features. 2.1 General Requirements A landscape plan must be developed for each residence. The plan must be comprehensive in nature and follow the landscape design guidelines established by the Homeowners Association and must promote revegetation of each lot as quickly as possible. Commercial applicators of chemical lawn products must register with the Homeowners Association annually and provide a copy of their current c.ccupational license, proof of business liability insurance, and proof of compliance with applicable education and licensing requirements. Individual employees working under the direction of a licensed commercial applicator are exempt from the educational requirements. 1 EXH I BIT Agenda Item No. 813 January 23, 2007 Page 249 of 260 Only registered commercial applicators and individual lot owners are permitted to apply chemicals within the property on a private lot. All chemical products must be used in accordance with the manufacturer's recommendations. The application of any chemical product within five (5) feet of any surface water including but not limited to ponds, lakes, drainage ditches or canals, is prohibited. The use of any chemical product in a manner that will allow airborne or waterbome entry of such products into surface water is prohibited. This rule shall not apply to the use of chemical agents, by certified lake management specialists, for the control of algae and vegetation within the stormwater lakes or ponds. 2.2 Nutrient Management Program Management and application of nutrients and fertilizers in the (Project Name) will adhere to the following guidelines: A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding. B. No fertilizer containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be applied to turf grass unless justified by a soil test. C. Fertilizer containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of a drainage facility. D. All fertilizer shall be applied such that spreading of fertilizer on all impervious surfaces is minimized. E. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P,05) per guaranteed analysis label shall not be applied thorough an irrigation system within 1 u feet of the edge of water or within 10 feet of a drainage facility. F. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P-.05) per guaranteed analysis label shall not be applied through nigh cr medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully attack landscaping. Several general guidelines follow: A. Apply fertilizer and water only when needed and in moderate amounts. Excessive amounts of either can cause rapid growth that is attractive to insects and disease. B. Mow St. Augustine grass to a height of 3 -4 inches. If cut shorter, the plants may become stressed and more vulnerable to pest infestation. Each mowing should remove no more than one -third of the leaf blade, and those cuttings should remain on the lawn to decompose. C. It is recommended that pesticides, fungicides, and herbicides be used only in response to a specific problem and in the man.-ier and amount recommended by the manufacturer to address the specific probiem. Broad application of pesticides, fungicides and herbicides as a preventative measure is strongly discouraged. "EXHIBIT f �J Agenda item No. bB January 23, 2007 Page 250 of 260 The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA -NRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA - approved D. The half -life of products used shall not exceed seventy (70) days 3.0 Street Sweepinq This practice involves sweeping and vacuuming the primary streets to remove dry weather accumutation of pollutants, especially particulate matter, before wash -off of these pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving waterbodies by removing particulate matter and associated chemical cons#itu.Onts. Although street cleaning operations. are frequently conducted primarily for aesthetic purposes, the primary objective of the street sweeping program for the (Project Name) is to improve the quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities can be particularly effective during periods of high leaf fall by removing solid leaf material and the associated nutrient loadings from roadside areas where they could easily become transported within stormwater flow. Street sweeping operations will be performed in the (Project Name) at a minimum frequency of one event every other month. A licensed vendor using a vacuum -type sweeping device will perform all street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will vc the r esponisibi'My of thc_ street sweeping vendor. 4.0 Solid Waste Management In general, solid waste management involves issues related to the management and handling of urban refuse, Miter and leaves ttlat \,Viil minjM17e the impact o-1 these conslituents as water poilutants. Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises prior to collection is considered the responsibility of the individual homeowner. Local requirements for refuse collection will be brought to the attention of every homeowner at closing for the sale of the property. Information will be distributed as necessary stating specifications for containers, separation of waste by type, where to place containers prior to collection, and established collection schedules. Fallen tree leaves and other vegetation, along with grass 3lippings, may become direct water pollutants when they are allowed to accumulate in swales and street gutters. All homeowners will receive periodic educational materials that address proper disposal of leaves and other vegetation to minimize water quality impacts. EXH I BIB 12--- Agenda Item No. 8B January 23, 2007 Page 251 of 260 5.0 Stormwater Management and Treatment System The stormwater management system for the (Project Name) is designed to maximize the attenuation of stormwater generated pollutants prior to discharge to the off -site wetland systems. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1 Wet Detention Lakes and Lake Interconnect Pipes The basic element of the stormwater management system consists of a series of interconnected wet detention ponds that provide stormwater treatment through a variety of physical, biological, and chemical processes. A wet detention pond acts similar to a natural lake by temporarily detaining stormwater runoff, allowing opportunities for treatment processes to occur, prior to slow controlled discharge of the treated water through the outfall structure. Pollutant removal processes in wet detention systems occur during the quiescent period between storm events. Significant removal processes include gravity settling of particulate matter; biological uptake of nutrients and other ions by aquatic plants, algae and microorganisms; along with natural chemical flocculation and complexation processes. Maintenance of the wet detention ponds will consist of an annual inspection. During each annual inspection, the following items will be reviewed and corrected as necessary: A. Inspect the outfall structure and orifices to ensure free - flowing conditions and overall N- engineering stability of the outfall system. B. Review the banks of the lakes and canals to ensure proper side slope stabilization and inspect for signs of excessive seepage that may Indicate areas of excessive groundwater flow and possible subsurface channeling. C. Physically evaluate each of the lakes and canals for evidence of excessive sediment accumulation or erosion. D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired vegetation species, percent coverage, and density are maintained. At the completion of the inspections, a written inspection report will be prepared, listing any deficiencies that need to be addressed or corrected by the Homeowners Association. 5.2 Stormwater Inlets, Pipes and Culverts The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for any accumulation of sediment, trash such as garbage bags, or debris in the culverts connecting these inlets. Flushing out with a high - pressure hose may clean some sediment. Any noted blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further investigation. Crushed or corroded culverts should be replaced with new ones of the same size. EXHUBIT iZf Agenda Item No. 8B January 23, 2007 Page 252 of 260 5.3 Swales and Grassed Water Storage Areas These provide for conveyance and /or above- ground (or surface) storage of stormwater. With age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded and/or revegetated. It is a good idea to compare the existing slope and dimensions of the swale with the permitted design plans prior to the removal of excess sediment or regrading. Areas that show erosion should be stabilized with appropriate material such as sod, planting, rock, sand bags, or other synthetic geotextite material. Regular mowing of grass swaies is essential. These areas also improve water quality by catching sediment and assimilating nutrients, and recharge the underground water table. Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked for blockage, and, if necessary, flushed with a high - pressure hose. After a storm, swales .may remain wet for an extended period of time. This is normal and the water will recede gradually. 5.4 Ditches or Canals Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags, shopping carts, tires, cars, etc. should be completely removed. Also check to make sure there are no dead trees or any type of obstructions which could block the drainage flow way. Maintenance cleaning /excavation must be limited to the same depth, width and side slope as approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit modification. Provisions must also be made to prevent any downstream silting or turbidity !C.ontact the SFVVk!'? Resource Compliance staff if you are unsure or need ciarification.? Be sure to dispose of all removed material properly so it won't affect any other water storage of conveyance s.,ystem, enviror:mental area, or another owner's property. 5.5 Jutfall Structure (also called the Discharged Control Structure or Weir) The outfall structure should be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or vegetation impeding water flow through the structure should be removed. The structure should have a baffle" or trash collector to prevent flow blockage and also hold back any floating oils from moving downstream. Elevations and dimensions should be verified annually with all current permit information. Periodic inspections shouid then be regularly conducted to make sure these structures maintain the proper water levels and the ability to discharge. 5.6 Earthen Embankments (Dikes and Berms) Check for proper elevations, width and stabilization. Worn down berms - especially if used by all- terrain vehicles or equestrian traffic — and rainfall — created washouts should be immediately repaired, compacted and re- vegetated. Agenda Item loo. 8B January 23, 2007 Page 253 of 260 6.0 Water Quality Testing To ensure proper operation of the overall treatment system, monitoring will be performed at one outfall (SW -1) from the (Project Name) if there is a flow over the weirs. According to the proposed Water Quality Monitoring Plan, monitoring may occur 3 times a year, once during the dry season (February/March) and twice during the wet season (August/September). A manual grab sample will be collected at the SW -1 outfall location and analyzed for various constituents and parameters as described in the Surface Water Quality Monitoring Plan. Trained and certified personnel will perform sample collection and laboratory analysis. The results of the laboratory analyses will be submitted to South Florida Water Management District as part of an annual water quality mnitoring report by December 31 of each year. 7.0 Construction Activities A Stormwater Pollution Prevention Plan ( SWPPP) has been prepared for construction activities to minimize activities contamination that may be caused by erosion and sedimentation during the construction process. The plan includes provisions related to soil stabilization, structural erosion controls, waste collection disposal, offsite vehicle tracking, spill prevention and maintenance and inspection procedures. A copy of the SWPPP is attached hereto and made a part of hereof. EXHIBIT Agenda item No. 8B CONSTRUCTION POLLUTION PREVENTION PLAN January 2 ,3, 2007 for Page 254 of 280 SITE DESCRIPTION Project Name and Owner Name and Location: (Latitude, Address: Longitude, or Address) Description: (Purpose and Types of Soil Disturbing Activities Construction in this project will generally consist of site clearing, take excavation, and construction of roadways, utility infrastructure, golf course, and multi -use vertical construction. Soil disturbing activities will include: clearing and grubbing, installing a stabilized construction entrarce, permeter berming and other erosion and sediment controls; grading; excavation for the storm water management take, storm sewer, utilities, anrzbuilding foundations; construction of curb and gutter, road, and parking areas; and preparation for final planting, sodding, seeding and Mulching. Runoff Coefficient: - Site Area: ) Sequence of Major Activities. The order of activities will be as follows: 1. Installation of stabilized construction entrance. 9. Complete grading, subgrade and base course construction. 1. Partial clearing and grubbing 9 Complete final paving. 1. Install perimeter berm(s) or sit,, fences with strawy bale 9. Complete landscape grading and install permanent seeding barrier(s) adjacent m wetland areas. and olantiogs Continue ciearing and grading - When a!! construction acti•,ity is ccmp'eie and the site is 1 G %nStrJC ?tGn St Drm water ma,rage,3'1: !akes stabi,:zed. - eimov2 stFav,, bate 1. Stockpile =xcavated sell carriers anc filter fences snd , seed ary areas d;3,jr_�e:� t-;, 1. Stab li =e denuders areas and stockpiles ,,vil ) 21 days of their re�icvai. Iasi construction aclivity in that area. i Install Utilities, stcr rn sewef, curb and . ut'.e, Name of Receiving Waters CONTROLS Erosion and Sediment Controis I Stabilization Practices Temporary Stabilization. Top soil stock piles and disturbed portions of the site where construction activity temporarily cease for at least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity in that area The seed shall be Bahia, millet, rye, or other fast - growing grasses. Prior tc seeding, fertilizer or agricultural limestone snail be applied to each area to be temporarily stabilized. After seeding, each area shall be mulched with the mulch disked into place. Areas of the site which will be paved will be temporarily stabilized by applying limerock subgrade until bituminous pavement can be applied. Permanent Stabilization: Disturbed portions of the site, where construction activities permanently cease, shall be stabilized with sod, seed and mulch, landscaping, and/or other eeuivatent stabilization measures (e g., rip -rap, geotextiles) no later than 14 days after the date of the last construction activity. The sod shall typically be Fbratam or Bahia sod. Prior to seeding, fertilizer or agricultural limestone shall be applied to each area to be temporarily stabilized After seeding, each area shall be mulched with the mulch disked into place. EXH I €SIT Agenda Item No. 8B January 23, 2007 Paae 255 of 260 CQNTROLS (Coniinued) ...:._ . Structural Practices Silt Fence I Straw Bale Barrier - will be constructed along those areas of the project that border adjacent wetlands. At a minimum, the silt fence and /or straw bale barrier will be placed along all wetland buffers and all Corps of Engineers jurisdictional wetland boundaries. Straw Bale Drop Inlet Sediment Filter - will be placed around all constructed storm drain inlets immediately upon completion of construction and shall remain in -place until the contributing drainage area is stabilized. Alternatively, grate inlets can be covered with filter fabric material until stabilization. Storm Water Management The project will utilize a system of lakes to provide the required water quality treatment and attenuation. Discharges from the wate management system will be regulated by a series of water control structures. These control structures will be used to maintain wate levels in the detention facilities that will maintain or restore the hydroperiod in the wetlands and flowways. The water control structure will also be used to restrict the discharges from the project as described above. Dry pre - treatment will be provided for the golf course maintenance facilities and commercial parking lot runoff prior to discharge into the lake system. Spreader swales will -be used at appropriate locations to disperse flow and dissipate energy of runoff into wetlands. Spreader swales wil also be used at appropriate locations to disperse flows discharged from the water management system into receiving flowways Spreader swales will be heavily planted with native vegetation to help buffer the transition from the manmade lakes to the natura systems. DISCHARGE RATES ;OTHER CONTROLS. Waste disposal: Waste Materials: All waste materials wia be collected and stored in a trash dumpster wh +ch will meet all local and State solid `haste management r=gulatior :; All trsh and ccnstru l:.-,n debris from the site w !i be deposited in this dumDstar The durrpste, will Lne emptied 2S r?`•1 _II'2'; dU° �O 'JS? a�r1; O' cici° aril lo`.-. DI '?;I!lattor's, 1 ^fith. the bash d'.spcsed o' ? the ��{= 'CCrI =[e i _ ..ill �,,e,r3t;•_^ NC ..OnStfJCilOn lv8n;e R'.aier a{S �Vili ve bt,f.�d Or1S1(B. All pe "SOCIIc will -e instructed regar Inr vii- correct prore'd e for waste ❑ISJOSaI ciic =s staling these pra _-tices v,,dl be pasted in the constroc ?ion office trailer. H3zardOJs V``lastel All h.:zardo.:s vvas!e I"aterialS A101 ce d:S^OSed of in the marnar Specified by local Or State regulation or by the manufacturer. Site personnel %vkl be instructed in these practic -s. a -d.r; '✓d15te All sar,ilar Niaste will be Collected from tr,e portable units b`i a 1 -c ', licensed, City of Foi'' Myers sanl(ar-J 'N35te 'ranaae :Merit contractcr, as required b Iccai-- Offsite Vehlcie Tracking: A stabilized construction entrance has been provided to help reduce vehicle tracking of sediments. As they are completed, paved streets will be swept as needed to 'remove any excess muck, dirt, or rock tracked from the site. Dump trucks hauling material from the construction site will be covered with a tarpaulin. TIMING OF CONTROLS /MEASURES installation of hay bail / silt fence barriers (around wetlands) and stabilized construction entrance will be constructed prior to extensive clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent sod, seed and mulch, landscaping, and /or other equivalent stabilization measures (e.g., rip -rap, geotextiles). After the entire site is stabilized, the silt fence / straw bale barriers can be removed. CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REGULATIONS The storm water pollution prevention plan reflects the United States Environmental Protection Agency and the South Florida Water Management District (SFWVVD) requirements for storm water management and erosion and sediment control, as established in the Chapter 40E -4 FAC and Chapter 373 FS. EXHIBIT 13, 3, is:Opa. 719'1 or OR je,, ANS Agenda Item No. 86 January 23, 2007 M-iGYi 71,Fnf `1n(1 EXHI 1 j3, 3119�2004 31971 VW 0— 3EVANS OJ9'�•CC2 Cam• ECJR- -508 MAfNT1ENA1lIN�PECTIQN PROCEDURES Erosion and Sediment Control Inspection and Maintenance Practices These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. + All control measures will be inspected at least once each week and following any storm event of 0.5 inches or greater. + All measures will be maintained in good working order; if a repair is necessary, it shall be corrected as soon as possible, but in no case later than 7 days after the inspection. + Built up sediment will be removed from silt fence when it has reached one -half the height of the fence. + Silt fence will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. + Temporary seeding and permanent sodding and planting will be inspected for bare spots, washouts, and healthy growth. + A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is attached. + The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activities, and foc completing the inspection and maintenance reports. Personnel selected for inspection and maintenance responsibilities will receive training from the site superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. Non -Storm Water Discharge It is expected that the following non -storm water discharges will occur from the site during the construction period. Water from water line flushings. Pavement wash waters (when no spills or leaks of toxic or hazardous materials have occurred). > Uncontaminated groundl,vater (from dewatering excavation). All on -stcrm v, _tar jischarge_ will to rected to the storm water management faciiit e3 prior tJ dlSCharoe. INVENTORY FOR POLLUTION PREVENTION PLAN Tne materials or substances listed belo,,,j are expected to be present onsite during construction: + Concrete + Fertikzers . Detergn- n1S + Petroieum Based °rz:ducts + PBmis (enamel and later.) � Cleaning Solvents + Metal Studs + Wood . A;Ghalt + Masonry ElIc:.k + Roofing Shingles I . Clay or concrete bricks EXHI 1 j3, 3119�2004 31971 VW 0— 3EVANS OJ9'�•CC2 Cam• ECJR- -508 Agenda Item No. 813 January 23, 2007 Pan- 24 of X60 `SF�i1.LiEIENT�QNt .. Material Mana einent Practides The following are the materials management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekee in The following good housekeeping practices will be followed onsite during the construction project: An effort will be made to store only enough product required to do the job. All materials stored onsite will be stored in a neat, orderly manner in their appropriate containers, and if possible, under a roof or other enclosure. Products will be kept in their original containers with the original manufacturer's label. Substances will not be mixed with one another unless recommended by the manufacturer. Whenever possible, all of a product will be used up before disposing of the container. Manufacturers' recommendations for proper use and disposal will be followed, The site superintendent will inspect to ensure proper use and disposal of materials onsite. Hazardous Products: These practices are used to reduce the risks associated with hazardous materials: Products will be kept in original containers unless they are not resealable. Original labels and material safety data will be retained; they contain important product information. If surplus product must be disposed of, manufacturers' or local and State recommended methods for proper disposal will be followed. Product Specific Practices The following produce specific practices will be followed onsite: Petroleum Products: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of Isaka e. Petroleum products will be stored in tightly seated container which will be clearly labeled. Any asphalt sutstances uses~ onsite Anil be applied in accordance with the manufacturer's recommendations and standard construction practices. Fertilizers: Fertilizers will be applied only in the minimum amounts recommended by the manufacturer Once applied fertilizer will be vr-rka- into the Soil to Emit exposure to storm water. Storage will be in a covered shed. The contents of -3n'✓ pai iak f used lags of ferlijizer wilt be transferred to a sealabie plastic bin to avoid spills. Paints: All containers will be tightly sealed and stored when not required for use. Excess pairt will not be discharged to the storm sewer system but will be properly disposed of according to manufacturers' instructions and /or state and local regulations. EXHIBIT 13,5 3J19R004- 71971 Ver. 011. JEVANS C761C391 1 )C'< - -CO- c COFi- 7508 Agenda Item No. 8B January 23, 200 SPILL PREUENT1Ql:(Catiitwedj -5 ill Control Practices In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup. • Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. • Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include —but not be limited to- -rags, gloves, goggles, kitty litter, sand, and plastic and metal trash containers specifically for this purpose. • All spills will be cleaned up as soon as possible after discovery. • The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. • Spills of toxic or hazardous material will be reported to the appropriate state or local government agency, regardless of the size. - • The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill If there is another one. A description of the spill, what caused it, and the cleanup measures will also be included. • The Contractor's site superintendent will be responsible for the day -to-day site operations and will be the spill prevention and cleanup coordinator. He will designate at least two other site personnel who will receive spill prevention and cleanup training. These individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible spill personnel will be posted in the material storage area and in the office trailer onsite. EXHIBIT 13'- 3115,-2004.31971 V11 01,.JEVANS :_3 035 w OC2-Cnr,- October 21, 2006 Melissa Zone, Principal Planner Collier County Government Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Zone: Agenda Item No. 813 January 23, 2007 Paae 259 of 260 On Thursday November 2, 2006 at 8:30 a.m. the Collier County Planning Commission will meet for a public hearing regarding Petition: PUDZ -A- 2006 -AR -9021. The Collier County Transportation Division is requesting a PUD to PUD Rezone to amend 99.3 acres from the Club Estates PUD to LASIP Conservation Area Community Facilities Planned Unit Development (CFPUD). Per conversations with Fred Reischl, AICP, of Agnoli Barber & Brundage and other County officials, the County intends to build a low impact park on the Eastern half of the property and leave the Western half alone. This land would be used for these purposes in perpetuity and would be included in the LASIP Conservation Area. All exotic vegetation would be removed from the acreage. The Community of Naples Lakes Country Club agrees with the new zoning and allowing a park to be built on this property but wishes the County to make these considerations for the new park. 1. Strict hours of operation for the park with no one allowed at the park from dusk to dawn. 2. Limited supervision of the park by County staff. 3. A Security Gate that would be locked when the park is closed. We appreciate your consideration in these matters. Si Gre�) r /C� Ted Beisler General Manager CC: Collier County Planning Commission Board of County Commissioners F1 4784 Inverness Club Drive • Naples, FL 34112 C° Ph: (239) 732 -6700 • Fax (239) 732 -6402 • Pro Shop (239) 732 -1011 Agenda Item fro. 83 January 23; 2007 Page 260 of 260 brock m From: ZoneMelissa Sent: Wednesday, December 06, 2006 4:13 PM To: 'Susan Fariz'; bellows-r; brock m; CarrelDanelle; filson_s; johnson_c; martin-c; 'minutes and records'; phillips_s; SandersBob Cc: 'Fred Reischl; wiley_r, kurtz _g; GianfranooNicolaci; PDIMRF @aol.com; PDITFF(aD' aol.com; bellows-r; SchmittJoseph; murray_s; CaudillSoottTrinity Subject: RE: Homes of Islandia (PUDA- 2006 -AR -9576) The applicant for PUDA- 2006 -AR -9576 Homes of Islandia has requested a continuance for the public hearing schedule for December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reischl for the county as well as Trinity Caudil -Scott in Transportation and they agreed that their companion item should also be continued. That petition is PUDZ -A- 2006 -AR -9021 LAMP. As soon as a new hearing date has been determined I will contact everyone on the list. Thank you Melissa Zone Principal Planner Department of Zoning & Land Development Review 2300 N. Horseshoe Dr. Naples, FL 33104 239- 213 -2969 From: Susan Fariz [mailto:pdismf @aol.com) Sent: Wednesday, December 06, 2006 2:46 PM To: ZoneMelissa; bellows-r; brock_m; CarrelDanelle; filson_s; johnson_c; martin-c; 'minutes and records'; phillips_s; SandersBob Cc: 'Fred Reischl'; wiley_r; kurtz _g; GianfrancoNicolaci; PDIMRF @aol.com; PDITFF @aol.com Subject: Homes of Islandia (PUDA- 2006 -AR -9576) Good aftemoon, all. Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA- 06 -AR- 9576). This petition is currently scheduled for the December 12, 2006 BCC meeting. Thank you. Sincerely yours, Susan -M. Fariz Project Coordinator PLANNING DEVELOPMENT INCORPORATED Development Consultants, Civil Engineers, Planners and Landscape Architects 5133 Castello Drive, Naples, Florida 34103 P 239.263.6934 F 239.263.6981 12/6/2006 Agenda Item No. 8C January 23, 2007 Page 1 of 159 EXECUTIVE SUMMARY DOA - 2005 -AR -8543 Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ -A- 2005 -AR- 8550). OBJECTIVE: That the Board of County Commissioners review the request to amend the Pine Air Lakes Development of Regional Impact (DRI) Development Order (DO) as noted above and to ensure that the community's interest is maintained. CONSIDERATIONS: The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); and extend the buildout date from October 15, 2005 to October 15, 2010. FISCAL IMPACT: The PUD amendment, 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 amendment 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. 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 Level 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 permit review fees and utility fees associated with comlecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 1 of 4 Agenda Item No. 8C January 23, 2007 Page 2 of 159 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. ENVIRONMENTAL IMPACT: The Environmental Review Staff has recommended approval since the petition will not cause any impacts to any wetland preserve area. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since this petition did not have environmental impacts it was not required to go to the Environmental Advisory Council. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the Southwest Florida Regional Planning Council (RPC) and Department of Community Affairs (DCA) staff, who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Staff believes this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. TRANSPORTATION ISSUES: Transportation Planning Department staff has reviewed the petition. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. Transportation Planning Department staff has evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. 3) The existing dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The proposed change was determined to be a substantial change to the DRI DO based upon the criteria found in Florida Statutes (FS) 380.06(19) because the addition of 293,000 square feet was detennined to trigger the thresholds found in the FS to require additional review. The analysis required focused on Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 2 of 4 Agenda item No. SC January 23, 2007 Page 3 of 159 regional issues of transportation and affordable housing. These two issues are addressed in the Draft DRI DO document prepared for this petition. The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared by its staff. The RPC assessment is attached to the application. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on December 21, 2006. Commissioner Adelstein made a motion to approve the petition with staff's recommendation and the stipulations added by Commissioner Strain. Commissioner Tuff seconded the motion. The CCPC voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. Those commissioners who voted against the motion indicated that they had concerns about the project's intensification, perceived additional traffic congestion, and the loss of perceived necessary office space. Those commissioners voting in support of the motion took the opposite stance, noting that the traffic situation would be improved and office uses were more desirable at this location. Commissioner Strain's stipulations are as follows: The remainder of the project's development shall be phased. The first phase shall contain a maximum of 805,000 square feet of floor area. No certificates of occupancy shall be issued for any remaining square footage until the following roadway improvements are fully operational (The PUD document and the DRI development order set forth the exact requirement language): The developer shall extend the north bound left turn lane from Airport Road into Naples Boulevard stacking lane in compliance with the requirements set forth by the Transportation Division and said improvements shall be completed and operational within one year of this PUD Amendment and Development Order amendment approval. The developer shall construct the additional east bound lane on Naples Blvd. heading north onto Airport Road within two years of this PUD Amendment and Development Order amendment approval. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the following criteria: • Chapter 380.06(19)(c) Florida Statutes (F.S). Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 3 of 4 Agenda Item, No. SC January 23, 2007 Page 4 of 159 • LDC Section 10.02.13.E.1.j. which states, "Statutory Requirements. All statutory requirements as set forth in Subsections 380.06 (9) through (12), 380.06 (19) and 380.06 (26), Florida Statutes, as may be amended, together with the implementing regulations applicable to DRIs set forth in the Florida Administrative Code shall apply." RECOMMENDATION: That the Board approve Petition DOA - 2005 -AR -8543 as otherwise described by the amending DRI Development Order resolution included with this Executive Summary. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 4 of 4 Agenda Item Lilo. 8C January 23, 2DO7 Page 5 of 159 COLLIER COUNTY" BOARD OF COUNTY COMMISSIONERS ....,.... Item Number: F+C Item Summary: This item requires that all participants be. sworn ;n and ex pane disclosure be provided by Conrrr a,r memoers DOA- 2005 -AR -8543. Airport Road Limped Partnership represented by Karen Bishop of PMS. Inc _ and Richard Yovanovich. of GDodlette, Colemar and ,ichnson- requesting an amendment to the Pine Air _akes Development of Regional Impact (DRI) Development Order to allow an increase nit the maximum development area of 957.000 square footage (furtner limited to 707.000 square feet of retail and 250,000 square feet of office). to a maximum total of 1 .075,000 square feet (further limited to 1.000,000 square feet of retail space and 75000 square feet of office use), extend the buildout date from October 5, 2005 to October 1,";, 2010, The subject 142 99 acres, is located along the west side of Airport- Pulling Road, pal to and approximately 1,600 feet north of Pine Ridge Road, and along both sides of Naples Boulevard, in Section 11, Township 49 South, Rarge 25 East, Collier County, Florida (Companion to Petition PLIDZ- A- AR- 8550). Meeting Date: '12312007 9.00.00 AM Prepared By Kay Descent. AICP Principal Planner Date Community Development & Zoning & Land Development Review 12/2112006 7:14:13 AM Environmental Services Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Servicos Admin. 1212112006 5:16 AM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 1212212006 8:35 AM Environmental Services Approved By Susan Murray, AICP Zoning & Land Development Director Date �,... Community Development & Zoning R Land Development Review 1212212006 12:29 PM Environmental Services Approved By Marione M. Student- Styling Assistant County Attorney Date County Attorney County Attorney Office 12!2712006 8.28 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 12:2712006 2:07 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development R 12..27;2 "vOf.3a7 PM 'environ rental "services Environmental Services Admin, Approved By Community Development & Joseph K. Schmitt Dote Environmental Services Administrator Communty Development & Community Development & Environmental Services Environmental Services Admin. 12'28'2006 5:08 PM Approved By Constance A. Johnson opera5cns A.na!yst Da ±e Community Development & Community Devebpment & 1,�3'2007 8:24 AM Environmental Service, Environmental Services Admin. Approved By OMB Coordinztor Applicanons Analyst Date Administrative Services Information Techr=ology 1!512007 7:46 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Mansgemenl & Budget 111012007 8'49 ANI Approved By James V. Mudd County Manager Date Board of County County Manager', Offoe 1;1412007 7:2> PM Aqen�,'a 11E,,ni Na 8C January ' 3. —'l DO 7 Pape 6 of 159 commissioners Agenda Item No. 8C January 23, 2007 Page 7 of 159 GO *6-r Count y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: DECEMBER 12, 2006 SUBJECT: PETITION NO: DOA - 2005 -AR -8543 FOR PINE AIR LAKES DEVELOP -MENT OF REGIONAL IMPACT (DRI) [COMPANION TO PUDZ -A- 2005 -AR -85501 APPLICANT: Mr. Jason Wagner, Vice President Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, Fl 34103 AGENTS: Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N, # 408 Naples, FL 34103 REQUESTED ACTION: Mr. Richard D. Yovanovich, Esquire Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); and extend the buildout date from October 15, 2005 to October 15, 2010. GEOGRAPHIC LOCATION: The subject 148.99 acres, is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. Pine Air Lakes DRI, DOA - 2005 -AR -8543 December 12, 2006 CCPC Page 1 of 3 Agenda `tern No. 8C January 23, 2007 Page 8 of 159 PURPOSE/DESCRIPTION OF PROJECT: The Board of County Commissioners (BCC) approved Development Order 85 -5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1.280,600 square feet of commercial floor area which included 707,000 square feet of retail regional mall, 368,600 square feet of office, 350 hotel rooms and 322 rooms of institutional use. The Southwest Regional Planning Council (RPC) appealed that Development Order and the appeal was settled by the BCC adopting Resolution 86 -63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94 -25 changing the square footage from 11280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The 1994 Notice of a Proposed Change (NOPC) also extended the build -out date from October 15, 2000 to October 14, 2005. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The proposed change was determined to be a substantial change to the DRI DO based upon the criteria found in Florida Statutes (FS) 380.06(19) because the addition of 293,000 square feet was determined to trigger the thresholds found in the FS to require additional review. The analysis required focused on regional issues of transportation and affordable housing. These two issues are addressed in the Draft DRI DO document prepared for this petition. The RPC addressed NOPC this to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared by its staff. The RPC assessment is attached to the application. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the RPC and DCA staff, . who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Staff believes this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA - 2005 -AR -8543 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Pine Air Lakes DRI, DOA - 2005 -AR -8543 December 12, 2006 CCPC Page 2 of 3 Agen�a Item No. 8C January 23, 2007 Page 9 of 159 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2 t ellpto1 : • JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 23, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Pine Air Lakes DRI, DOA - 2005 -AR -8543 December 12, 2006 CCPC Page 3 of 3 Jr`- m CO o p N z o �o N � � L N cm cz C6 J @ c S_ Q 311'DS a MN / 7 I y n DtlVl31llOB YLVBtlY! tl1MB 'S{ qq � se- 3lnmattn i IRS O 6 � dN3 3NId ROAD d J 3 � OWN NNDONIA'7 jvu4aumN g I � aNrTCld- taDdtav &� �� rnonexiv>2- .uwden \ `�_� Normm Dvoa I i Fir and Gruapbp,, Doc B 'il �� ss�rnomrn C 2 Vlvd woui4Yl13 -�aom QQ S It9'aN 'llYtlt I ftwL ltr'f'N IIVLLI VYVY7p'1 Agenda Item No. 8C January 23, 2007 Page 11 of 159 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS REGIONAL IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE APPLICATION FOR DEVELOPMENT APPROVAL SUBMITTED OCTOBER 6, 2005, FIRST SUFFICIENCY RESPONSES DATED JANUARY 319 2006 AND SECOND SUFFICIENCY RESPONSES SUBMITTED JULY 20, 2006, IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. AFFORDABLE HOUSING (Refer to Appendix I -A) Based on the supply analysis provided by the housing consultant for the applicant there is adequate supply of for sale and for -rent affordable housing needs in all phases of the DRI. That analysis based on the 20- minute radius around the project determined the total number of vacant for rent units is approximately 2,033. The analysis assumes 2,024 vacant for -rent units for the range of price point for the DRI. The supply analysis for For -Sale Housing projection during the 3 -year future phase of the DRI an affordable supply of 351 very low income housing units, 1,424 low income housing units and 5,529 moderate income housing units within and 10- mile /20 minute market. Annually, the analysis expected there to be 241 very low income housing units, 605 low income housing units and 2,020 moderate income housing units within and 10- mile /20 minute market. Staff believes the analysis is incorrect because the University of Florida Shimberg housing study assumed a deficit in affordable housing for Collier County and as such there is no supply. Based on staffs insistence that there is no supply of affordable housing the applicant worked with county housing staff to develop a development order condition that requires a $78,000 contribution to the affordable housing trust fund in Collier County. If the $78,000 currently proposed is accepted staff believes that based on a review of similar developments in the regional this contribution is low. Furthermore, RPC staff and DCA have always required a cumulative analysis of the entire development's impact originally approved including existing development be analysis for whether additional regional impact mitigation is necessary within a substantial deviation application. This requirement is in the DRI law in Chapter 380.06(19)(b) Florida Statutes (F.S.) and Chapter 380.06(15)(g)1.F.S. Therefore, staff recommends the following conditions. RECOMMENDATIONS Agenda Item No, 8C January 23, 2067 Page 12 of 159 Any DRI Development Order issued by Collier County shall contain the following provision: a. To satisfy the project's affordable housing impacts cumulatively the applicant's mitigation for commercial and office shall be $206,424. The money shall be paid to Collier County Affordable Housing Trust Fund at issuance of building permit. If more than one building permit is involved, then the money shall be prorated on a .50 cent square footage basis and a portion collected at each building permit. 2. TRANSPORTATION (Refer to Appendix I -B) The ADA SD analyzed the cumulative project impacts on transportation which from the original development is a total of 205,600 square feet less development. Many of the original road segments impacted by the project have been improved and as such did not have adverse impact of those segments. The development order changes to transportation are acceptable to staff. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: Traffic generated by Pine Air Lakes, when combined with other growth in the Area, will necessitate substantial roadway improvements, if level -of- service "D" peak hour - peak season conditions are to be maintained. Conditions: a. The developer shall provide has provided a fair share contribution toward the capital cost of traffic signals at each of the project accesses on Pine Ridge Road and Airport Road when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. b. The developer shall provide arterial level street lighting at each of the project accesses on Pine Ridge Road and Airport Road. This shall be waived in prior roadway improvements by the County include a street lighting system. c. The applicant shall be required to pay the full cost for any site - related intersection improvements (including but not limited to turn lanes and additional side street or driveway through lanes) found to be necessary by Collier County for the project's access intersections onto Airport Road (CR 31) and Pine Ridge Road. Agenda Item No. 8C January 23, 2407 Page 13 of 159 d. The following regional roadways and intersections are projected to be significantly impacted (5% of LOS D — peak hour, peak season) prior to project buildout. Significantly Impacted Roadways are: 1. Airport Road • Immokalee Road to Vanderbilt Beach Road • Vanderbilt Beach Road to Edgewood Drive • Edgewood Drive to Pine Ridge Road • Pine Ridge Road to Gold Gate Parkway • Golden Gate Parkway to Radio Road • Golden Gate Parkway to Vanderbilt Beach Road • South of Pine Ridge Road • Pine Ridge Road to Vanderbilt Beach Road 2. Pine Ridge Road • U.S. 41 to Goodlette -Frank Road • Goodlette -Frank Road to Edgewood Drive Naples Boulevard • Edgewood Drive Naples Boulevard to Airport - Pulling Road • Airport - Pulling Road to I -75 • Airport Pulling Road to Livingston Road • Goodlette Frank Road to I -75 3. Immokalee Road ■ Airport - Pulling Road to 1 -75 4. Vanderbilt Beach Road • Airport - Pulling Road to Livingston Road • Livingston Road to Oaks Boulevard • Oaks Boulevard to Logan Boulevard Significantly Impacted Intersections are: 5. U.S. 41 /Pine Ridge Road 6. Airport- Pulling Road/Radio Road 7. Airport - Pulling Road /Golden Gate Parkway 8. Airport - Pulling Road/Pine Ridge Road 9. Airport - Pulling Road/ Edgewood Drive Naples Boulevard 10. Airport - Pulling Road/Vanderbilt Beach Road 11. Airport - Pulling Road /Immokalee Road 12. Pine Ridge Road /Goodlette -Frank 13. Pine Ridge Road /Edgewood Drive Naples Boulevard 14. Naples Boulevard at Costco Access 15. Naples Boulevard at Regal Cinema Access 16. Naples Boulevard at Lowe's Eastern Access e. The applicant shall mitigate its impact on the regional and local roadway and intersections identified herein as follows: Agenda Item No. 3C January 23; 2007 Page 14 of 159 i) The Applicant shall make the improvements specified in 6(a), (b), and (c) hereof. ii) The Applicant shall be subject to all lawfully adopted transportation impact fees. iii)The Applicant has constructed shall be responsible for the construction of Edgewood Drive Naples Boulevard from its terminus on the southern property boundary to and including the intersection improvements needed at its juncture with Airport Road. This roadway is expected to provide an alternative to and relieve some traffic pressure on the Pine Ridge- Airport Road intersection. iv)Applicant shall be required to make the following improvement to Airport Road: a) When requested by Collier County Transportation Department, Applicant has contributed shall contribute the necessary funds (approximately $80,000) for designing six -lane improvements from the currently designed terminus at Cougar Drive to the northern access point of Pine Air Lakes on Airport Road. b) At the time of issuance of the first building permit for vertical construction in Pine Air Lakes, the Applicant has contributed shall be responsible for contributing (by escrowing with the County) the necessary funds to six -lane Airport Road from its currently scheduled terminus at Cougar Drive north to the northern access point of Pine Air Lakes on Airport Road. The actual amount of the contribution shall be the full amount necessary to accomplish the six -lane improvements as determined by actual bid price. In the event that amount has not been determined at that point in time, the amount to be escrowed shall be as estimated by the County Transportation Department to accomplish said six -lane improvements with at least one left turn at Edgewood Drive Naples Boulevard. c) At the time the County Transportation Department deems a second left turn lane is warranted on Airport Road at the Edgewood Drive Naples Boulevard intersection, Applicant shall has contributed it's proportionate share of the costs incurred to install said second left turn lane at its expense and contribute the funds necessary for any improvements to Airport Road or the adjoining canal to accommodate the second left turn lane. 4 Agenda item No. 8C January 23, 2007 Page 15 of 159 d) Said contributions set forth in (a) and (b) above shall be have been credited to the Applicant, his successor or assignees, as a road impact fee credit. The amount of the credit shall be the contribution amount less any costs required for the design or construction of site - related improvements. For the purpose of this stipulation, site - related improvements shall be deemed to be any north bound or south bound turn lanes deemed required at each access point to Pine Air Lakes, signalization costs for the intersection of Edgewood Drive Naples Boulevard and Airport - Pulling Road, and any canal improvements associated with the Pine Air Lakes project. Collier County shall agree to use said contribution for the sole purpose of the above described six -lane improvements. v) The Applicant shall be subject to the Concurrency Management System of the County as set forth herein f. The regional roadway segments and all intersections with one exception on which this project has significant impacts are wholly within the jurisdiction of Collier County. The sole exception is the intersection of U.S. 41 and Pine Ridge Road. The County has made the decision to plan for and manage the impacts of this DRI through its duly adopted - comprehensive plan. The County has considered the regional roadway segments and regional roadway intersections set forth in 6.d. hereof, including the U.S. 41 -Pine Ridge Road intersection, and has determined to require the project to be subject to and to comply with the Concurrency Management System (CMS) of Collier County as adopted in its Growth Management Plan and implemented by the Adequate Facilities Ordinance (APF) Ordinance No. 93 -82, a copy of which is attached hereto as Exhibit "F ". After due consideration of the alternatives, the County has determined that to require compliance with concurrency as mandated by the CMS, in addition to the other mitigation required in 6.e. hereof, is the appropriate way to accommodate the impacts of this project and to assure that transportation facilities are provided concurrently with the transportation impacts of this project. g. The Adequate Public Facilities Ordinance (APF) requires the Growth Management Director to complete an Annual Update and Inventory Report (AUIR) by August 1 of each year on roads and public transportation facilities based on the adopted level of service. The applicant shall provide within fifteen (15) days of publication each year a copy of said AUIR on the regional facilities set forth in 6.d. to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs (DCA). 5 Agenda Item No. 8C January 23. 2007 Page 10 a. 159 h. The Board of County Commissioners is required by the APF to establish Areas of Significant Influence (ASI) around any road segment or intersection which is operation at an unacceptable level of service (LOS) or is projected to operate at an unaccepted LOS and is not scheduled for improvement in the Capital Improvement Element (CIE) of the Comprehensive Plan in a manner and time which would provide facilities concurrent with the impacts of development pursuant to the APF. Projects within the boundaries of an ASI are, with few exceptions not relevant herein, prohibited from obtaining further Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity, if any, of these road segments impacts to the deficient or potentially deficient facility. The applicant shall notify SWFRPC and DCA within five (5) working days after receipt of notice of a public hearing to determine the boundaries of any ASI on any facilities listed in Section 6.d. hereof. i. If any of the road segments identified in this paragraph become deficient, The County shall establish an Area of Significant Influence around such segment pursuant to criteria set forth in the APF. j. In addition to the provisions of the Collier County APF Ordinance: i) The Pine Air Lakes Development of Regional Impact is subject to the specific requirements of the Adequate Public Facilities Ordinance No. 93 -82 as that Ordinance existed on May 10, 1994. Any amendment to the transportation portions of the Ordinance by Collier County shall not be effective or applied to the DRI unless and until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. ii) In the event that Collier County designates an ASI around a deficient road segment that is predicted to be substantially impacted by Pine Air Lakes, and the ASI does not include this DRI, then the applicant shall be required to file a Notice of Change of this Development Order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs, pursuant to Section 380.06(19), Florida Statues. iii)The applicant shall file a Notice of Change within sixty (60) days from the date the County creates an ASI for such a deficient road segment that excludes the DRI. The applicant shall file with the Notice of Change, a current traffic analysis and other information attempting to establish that the DRI is not having a substantial impact upon the pertinent road segment, or other justification for the County's exclusion of the DRI from the ASI. If an ASI is established for any IT Agenda item No, &C January 23, 2007 Page 17 of 159 deficient road segment listed in Paragraph 5.d. of this Development Order that does not include the Pine Air Lakes DRI, the DRI shall not apply for or be issued any further Certificates of Public Facility Adequacy until: (1) the Notice of Change decision is made by Collier County, if neither DCA nor SWFRPC participates in the public hearing on this Notice of Change pursuant to Subsection 380.06 (19) (f), Florida Statues and the change is adopted by Collier County, as proposed; or (2) until any appeal of such decision to the Florida Land and Water Adjudicatory Commission is resolved. iv)For purposes of this Development Order, the DRI shall be deemed to have a substantial impact upon a deficient road segment if its traffic impacts exceed five percent (5 %) of the level of service "D" peak hour - peak season capacity of the roadway. v) The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the DRI Development Order to record its determination whether or not the DRI is having a substantial impact upon the deficient road segment or otherwise should not be included within as ASI for the deficient road segment. In making this determination, the County shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to the DRI. The amendment to this Development Order is appealable pursuant to Subsection 380.06 (19) and Section 380.07, Florida Statutes. vi)If neither DCA nor SWFRPC participate in the public hearing on the Notice of Change pursuant to Subsection 380.06 (19) (f), Florida Statutes and the change is adopted by Collier County as proposed, the DRI may be issued Certificates of Public Facility Adequacy following the County's Development Order decision. If either DCA or SWFRPC participates in the public hearing, the applicant shall not apply for or be issued Certificates of Public Facility Adequacy until the deadline for any appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes and no appeal has been filed. k. Collier County and the applicant may consider other options to provide adequate commitments for needed improvements to transportation facilities set forth in 6.d. hereof provided that said options meet the following criteria: i) The transportation impacts to the roads and intersections outlined herein shall be addressed consistent with SWFRPC policies and said options or mitigative measures shall be adopted in accordance with 7 Agenda item No. 8C January 23. 2007 Page 18 of 159 Sections 163.3220- 163.3243, Florida Statutes, which authorize local government development agreements or as authorized by Rule 9J- 2.0255, Transportation Policy Rule. ii) Any such option would be implemented only after a Notice of Change procedure as outlined above. 1. Except for the three access points provided on Airport Road all All access to individual parcels shall be internal. m. Exception to the Subdivision Regulations requiring sidewalks on both sides of the street shall not be waived and additional crosswalks may be required and approved by the County Engineer during the site plan review process to join sidewalks at places other than at intersections. n. Development shall be limited to parcels immediately adjacent to Airport Road until easements for Edgewood Drive are obtained and dedicated to the County; Edgewood Drive is constructed; and the water system is looped in accordance with the Utilities Division's regulations and requirements. n. The Pine Air Lakes project shall have the right to convert office space into retail space or retail space into office space, with the conversion rate between the different uses to be as set forth below (the conversion rate has been determined by an equivalent trip generation analvsis). Up to 50,000 square feet of office area can be converted into retail area at the rate of 100 square feet of additional retail area for every 420 square feet of office area converted. Additionally, up to 50,000 square feet of retail area can be converted into office area at the rate of 100 square feet of additional office area for every 24 square feet of retail area converted. The maximum square footage allowed is 1,075,000. 3. Solid Waste /Hazardous Materials (Requirement of the Preapplication Ouestionnaire Checklist At the preapplication meeting the applicant agreed to commit to the standard conditions required for this issue. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: a. The applicant will provide the projected solid waste quantities for all residential, commercial, industrial, and institutional developments. Agenda item No. 8C January 23, 2007 Page 19 of 159 b. The applicant will provide official letters of commitments from the local government jurisdiction, and the applicable franchise haulers showing ability to serve the project =s solid waste and hazardous waste needs. C. The applicant will incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume by incorporating practices such as conservation, recycling, trash compaction, and mechanical shredding. d. Any business found within the development boundary that generates hazardous waste will be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such business. However, there will be no siting of hazardous waste storage facilities contrary to the county zoning regulations. e. The project will be bound by all applicable recycling requirements in effect in the County at the time of the development. L Any Buildings where hazardous material /waste is to be used, displayed, handled, generated or stored will be constructed with impervious floors with adequate floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate cleanups of any spill, leakage, or contaminated water. g. Discharge of hazardous waste effluent into the sewage system will be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. 4. GENERAL CONSIDERATIONS In the "Pine Air Lakes Substantial Deviation ADA," numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed in this staff assessment. Additionally, the ADA provided a phasing schedule that provided the timing basis for this review. If the applicant significantly alters this phasing schedule, then many of the basic assumptions of this approval could be substantially changed, potentially raising additional regional issues and /or impacts. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: a. All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary 9 Agenda item No. PAC January 23; 2007 Page 20 of 159 documents) that are not in conflict with specific conditions for project approval outlined above or in the current Pine Air Lakes DO as amended are officially adopted as conditions for approval. b. The developer shall submit a biannual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. C. The development - phasing schedule presented within the ADA and as adjusted to date of development order approval shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. d. If the local governments, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order has occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining addition substantial regional impacts. e. Pursuant to Chapter 380.06(16), the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front - ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. f. The local development order shall state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651 Florida Statutes. 10 Agenda Item No. 8C January 23. 2007 Page 21 of 159 APPENDICES ANALYSIS OF REGIONAL ISSUES The Council staffs assessment of the "Pine Air Lakes Substantial Deviation DRI" identified four issues of regional concern: affordable housing, transportation and consistency with the local comprehensive plan and regional policy plan. The SWFRPC staff reports for these issues are attached as Appendix I. Before formulating the recommendations in the previous section, the SWFRPC staff analyzed the entire local and regional issues discussed in the Pine Air Lakes application for development approval and existing Pine Air Lakes development order. As a part of each analysis, the staff determined the project's impacts, any necessary remedial action and the applicant's commitments to a solution. Such determinations were based upon both the calculations and estimates of the applicant, Collier County development review staff and Council staff. Where applicable, support correspondence is included. A draft development order is included in the Appendix II. The Substantial Deviation Monitoring Form is found in Appendix III. lI TRANSPORTATION CONSULTANTS, INC. Age Ada Ifern No. 8C January 23, 2007 Page 22 of 15© SUBSTANTIAL DEVIATION ANALYSIS FOR A DEVELOPMENT OF REGIONAL IMPACT QUESTION 21 FOR PINE AIR LAKES DRI (PROJECT NO. 0503.08) 1'121 <,1'Al2Ell E3�': '1'R Transpo1-tatioil Consultants, lnc. 13851 Plantation Road, Suite 11 Fort Al ers, Florida 33912 239- 278- 3 { }9 {} / /j �4 ! Reid C. Fellows, P.1.. [:icense No.: 61673 Certificate of Arrthorizaiionr:27003 Revised November 10, 2006 Agenda Item No. SC January 23, 2007 Page 23 of 159 TRANSPORTATION CONSULTANTS, INC. CONTENTS I. PURPOSE OF REPORT SCOPE OF PROJECT 111. PRE-APPLICA'I"ION METHODOLOGY MEETING IV. QUESTION 21 -A V. QUESTION-21-13 Nil. QUESTION 21-C VII. QUESTJON21-D VIII. QUESTION 21 -E IX. QUESTION 21 -F X. QUESTION 21-C-i X1. QUESTION 2) 1-1-1 X11. QUESTION 21 -1 X111. CONCI-AJSION xiv. APPENDIX Agenda (tern fro. 8C January 23, 2007 Page 24 of 1:,9 TRANSPORTATION CONSULTANTS, INC. I. PURPOSE OF REPORT T'he following report has been prepared by TR Transportation Consultants, Inc. (formerly Metro Transportation Group, Inc.) in order to fulfill requirements set forth by Part IV — Transportation Resource Impacts (Question 21) of the .Application for Development of Regional Impact for projects seeking approval for a substantial deviation of an existing Development of Regional impact (DRI), More specifically, the report provides response to Question 21 as to define the anticipated traffic characteristics and establish any negative off-site roadway impacts associated with the development of the remainder of the Pine; Air I.,akes DRI. The report assesses existing traffic conditions and future: backgmund plus project traffic conditions in order to identify roadway mitigation needs and responsibilities. II. SCOPE OF PRO,IECT The Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest oFihe Airport Pulling Road/ Pine. Ridge Road intersection, Lie DRI "Ts originally approved in 19Fi for 1.280,600 Square feet of commercial floor arca. A revision to the DRI was approved in 1994 altering the square footage to include a total of 957,000 square 11.et of floor �Irca, designated as 707,000 square feet of retail uses and 250.000 square lief of office uses. In 2004, an extension of the termination date was grailtcd to October 14, 2005. As of March 31. 2005, there was approximately 374.3 10 square feet of comnnercial uses completed or alloc�ited within the I)RI. Of this floor area, approximately 13,459 square feet has been allocated as office use while the remaining 360,821 square feet has been allocated as retail uses. An additional 202,225 square feet of' retail uses are either permitted, under construction or within the permitting process, for a total of`563,046 square feet of retail uses and 13,489 square feet Of Office MY or a total of 576,535 square feet of cornniercial development that is in various stages of development. Pate 2 Agenda Item No. 8C January 23, 2007 Page 25 of 159 TRANSPORTATION CONSULTANTS, INC. Based on market conditions in the area, the Developer would like to add additional retail floor area ill order to fill the vacant parcels currently remaining With the DR1. The office market in this area of Collier County will most likely not support the development of 250,000 square feet of office space. "Therefore, conversion of office space to retail floor area is being requested along with additional retail floor area above the latest approved floor area of 707,000 square feet. It is the intention that the trip generation of the additional uses would lint exceed the trip generation of the originally approved floor area of' 957,000 square, feet. "Traffic surveys of the existing uses indicate that the uses that have developed within the DRI are not the typical "retail" uses. A members only Warehouse club, Costco, comprises approximately 138,564 square feet, a Lowe's 1--lone Improvement Store comprises approximately 129,235 square feet (115,746 square feet assigned as retail use and the remaining 13,489 square feet assigned as office space), a Regal Cinema comprises approximately 64,000 square feet and a Best Buy electronics store comprises approximately 45,350 square feet. Table I summarizes the existing as well as proposed development parameters being requested as part of this substantial devi".ltion. Table I Pine Air Lakes DRI 1..ind Uses I and t75e ] Ot i ;finally T . C Currelitly Proposed. Approved A Ahprati ed Retail 707,000 s.f. _ 707,000 s.f. 1 1I1,000,000 s.f. Office 3 368,600 s.f. 2 _ 7 75,000 s.f. — 2 I-Iole1 /insti tilt loll al 205,000 s.f, O ( O (3:i0IEotc' <. <. PRooms) 0 Total 1 1,280,600 s.f. — — 957,000 s.f. 1 1,075,000 s.f. ' Original DRI Approved in Collier Co. in 141bJ DRI Amended in 1994 Pine Air Lakes is anticipated to be completed in approximately 5 years. Therefore, this report examines thl 2005 existing traffic conditions and the year 2010 traffic conditions with the development traffic in order to asses the pro.jecCs impacts. N e3 TRANSPORTATION CONSULTANTS, INC. Agenda !tern No. 80 January 23, 2007 Page 26 of 159 Ili. PILE- APPLICATION MEE'T'ING A pre- application meeting was held with representatives of the Collier County Development Services Division and the SNVFRPC. A Transportation Methodology Report was prepared and subsequently revised alter the initial meeting on Monday February 28, 2005. As defined in the methodology report, the preliminary study area is defined by fie follomAg boundaries: • J & C Boulevard to the north • Airport Pulling Road!1'ine Ridge Road to the south The roadway segments analyzed within tiC preliminary study area were subject to the mcasur(mlent of the project's significant impact. '`Significant Impact" was measured as project traffic volumes representing 551 or more of We existing plus committed (E -1 C) Adopted roadway Lcvcl of Service, Levels of Service. were measured hased on tie Level of Service standards established by the Collier County Comprehensive flan. Road segments which were revlcxvcd bused on the To si(!nlflcant lnlp�ICt I'Ule included: • Airport Pulling Road — South of'Pinc Ridge Road • Airport Pulling Road — North of Pine Ridge Road to Vanderbilt Beach Road • Pine Ridge Road — Naples Boillev'ard to Goodlelte Frank Road • fine Ridge Road - Airport Pullinsz Road to Livingston Road Page 4 Agenda Item No. 8C January 23, 2007 Page 27 of 159 TRANSPORTATION CONSULTANTS, INC. IV. QUESTION 21 -A Using Map J or a table as a base, indicate existing conditions of the highway network within the study area (as previously defined on Map J), including AADT, peals hour - trips directional, traffic split, levels of service and maximum service volumes for the adopted level of service (LOS). Identity the assumptions used in this analysis, including "K" factor, direction "D" factor, facility type, number of lanes and existing; signal locations. (If levels of service are based on the same methodology other than the most recent procedures of the Transportation Research Board and FDOT, this should be agreed upon at the pre- application conference stage.) Identify the adopted LOS standards for the FDOT, appropriate regional study area. Identify what improvements or new facilities within the study area are planned, programmed, or committed for improvement. Attach appropriate excerpts from the published capital improvement plans, budgets and programs showing the schedules and types of work and letters from the appropriate agencies stating the current status of the planned, programmed and committed improvements. 2004 Existing Traffic Conditions The roadways' existing, functional classifications, adopted Levels of Service and service volumes wcre based on the Collier County Comprehensive Plan. Table 2 provides a detail of the functional classifications, adopted level of' Service and the peak hour, peal( direction service volumes for all roadways tinder study. A graphical representation of the roadways %.viihln the study area Is sho,,Vn on 1' iz-ure 1. Existing AAD'F traffic counts; peak season factors, historical trelacis. K -100, 13, alld TI ruck (1) factors weI'e obtained from the Collier County Department of 1 rallsportatlon's 2004 1 I "afflC ��OUnt Report. l 1t 'I raIlSpOrtatlt alsi7 pe1'forilled manual turning movement counts at the intersections ofNaples Boulevard and Pine Ridge Road, Naples Boulevard and Airport Pulling Road. and Pine Ridge Road and Airport Pulling Load. Figure 2 indicates the wecl<day PM peal: hour turning nlc�vcment counts conducted at the itlterseCtioils Within the sttldy area. 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I S b]nzeh Z /h S ILE •k {JY �. -�� E� M I �t b� 1 �'�.� -� [I>t! �1i11i�r�r� _ F�J �� a I_I� � flit �l4�,:. titan 14111�� `!I �.h �l�'. 4.�,Ix I I � '- 'a•e�;�.. I ; a \ � 1 ,r ✓.`'j f . i�a+�M7�w ul_ ] ><.— _:tiJ: ,.�,�,�� .� h�' . y- _ .:. , ltlhl`SCtMriG 6ti,�"' xq.; l•... : -....; l I. �� s�� i � �� J � �. I �I� �y� I I IPO�A1• � S �u s 14 rea U'� r4 th ynr}1x��SY {� � I; a�.f �1Yn�.. rJA �I ., _' JA �+.,sr]^ ,� �., � .� CY f1•"* I..�W.I .i I f;l X1/4, `. E. wn C F<!,utLf M9 IIrUU lk � at t S' - I I .]N h: ( r n O trj I Ir i r Ir .;,:.r lyi "I 1 {iz-.ioyc. 5w 91 LL- '1 _�,. r I u� V F II R �`."� � � r _._.. � ..,�__,.. _._ ,..,•�_ � I I �, S,1 )an A, 1 t9t�x.; s? TRANSPORTATION PROJECT LOCATION MAP CONSULTANTS, INC. PINE AIR LAKES DRI Figure 1 U r` �?,g -- _o c ca Q a ,� ►� Z o W_'. U ` Lo O M O O m N 0 O N 0 N N m N ;' j {�rn00�Mr- It - Mr- r- r-00Lo M M Y tl' N M M C N M M M M r M Lu � U Q J L.0 ca s 0 W o C� x x J @ `m 2� o a) -0 hl f- a) m 0 a) ca a) m tL - o 0 0 cm CD a� a� a)�� m0�m Lij N rr c CC c 0 T C c c m a� c� o a� a a o m 0 vo D o Cs L > it C Q ` r2 U it (D 0 (f) Q Q J a z o 4 ry LU—j„ a 0 m o ro o m 0 rs.rym LL mm�m� LL a) m m ,� w a) a) co ra o 0 Q @ _0 -5am Q -0 :n� �� J o ai tr - v E ("D o r o >a �C�cnQ �<C Z (} Rt rSS R5 (� Q O -Se -2 J ti a a p 0 0 o o o ac°i a J Z.; LLu_rv� mm (0 (6 r OU mtzm`il, m o o0)-o- a- 0) r1'�:n c c v v u> 0 Wv iX tX (D (`) 0 0° p C� Q) 41 0 a) Q) a 0 0 0 0 >' >,c c� C: C: m M Q< <(3CD(D(f) 5 >> M; r j M � O � Lo M t d th t0 r CV <V (N U7 U) (D Co f9 Co W r r o° `► 120 ♦ 1514 PINE RIDGE ROAD Agenaa Item No. 8T-- k 320 ♦ 1035 �' 335 320 January 23, 2007 2400 ♦ Page 30 of 159 N 530 m c5 cn LEGEND 0 cfl W E f- 000 WEEKDAY PM PEAK HOUR TRAFFIC J TRANSPORTATION LOWE'S CONSULTANTS, INC. PINE AIR LAKES DRI 60 S N N.T.S. WESTERN LOWE'S EASTERN DRIVEWAY LOWE'S DRIVEWAY COSTCO'S BEST BUY S5 4t.. 435 '55 � LO m Z ��ca Rr C h ` f►0 1 6 0 o 10 Z05 40 01 �" 10 � 4�/ j 20 y r 545 +� J i� 10 CD NblP 280 ` �, REGAL CINEMA c O NAPLES z CENTRE d J m o a- < o° `► 120 ♦ 1514 PINE RIDGE ROAD :n ° u, ` ° 4% + k 320 ♦ 1035 �' 335 320 400 1 2400 ♦ 1645 530 m c5 cn LEGEND f- 000 WEEKDAY PM PEAK HOUR TRAFFIC J TRANSPORTATION EXISTING TRAFFIC (03/05) CONSULTANTS, INC. PINE AIR LAKES DRI Figure 2 TRANSPORTATION CONSULTANTS, INC. Planner! and Committed Capital Iniprovenient Projects Agenda item No. 8C January 23, 2007 Page 31 of 159 Planned and corllmitted capital inlproven1e11t projects were identified for t11e study area based on the Collier County and Florida DOT Five Year Capital Improvement Progr'an1s. "Those projects which would impact the study's results and those scheduled For construction prior to the year 2009 were the only projects accounted for in this report. The FDOT and Collier County work progran7 have no It11p1'ovC l7]e11tS to the ]I77nledlate area that would irlfiUenCe the subject site. The Collier County Transportation Five Year Work Program is attached to this report in the Appendix for reference. Figure 3 indicates the Existing -i- Committed (1', + C) roadway network utilized for the analysis. Roadway projects that Nvill impact traffic surrounding the subject site include the construction ofthe Golden Gate Parkway interchange with I -75, which is the next major cast /west arterial south of� Pinc Ridge Road, as well as the completion of the extension of I it ingstorl Road into Lee County to the north, which is the next major north /south corridor to the cast of Airport Pulling Road, Both of these improvements wit] lower the traffic demand on Pine Ridge Road and Airport Pulling Road. In additior7, Collier County is widening Goodlette Frank Road front Golden Gate Parkway to Vanderbilt Beach Road, which is the next major - north /south corridor to the Nvest of the subject site. Pale 9 (mi-OVNI G','11 tat �vl)- W Agenda Item No. 8C Page 32 of 1 4,M) AVE. iw Under12004 Construction WaRM 2005 Construction 2006 Construction 2007 Construction Construction by Others Roadway "rM A Yr— A A M I FXMN oe" rm 0% R IF A T Ill ON FVVE MAR WOMK PMOGRA FY 2004105 FY 2008109 0111N, IN col.1,11:R cotil"l-V 41 'ic . .. ........ . ......... ... . --�y- SO �L1DCE pl\L RIDC& RD i.x,:, vlw: ------ ----- (mi-OVNI G','11 tat �vl)- W Agenda Item No. 8C Page 32 of 1 4,M) AVE. iw Under12004 Construction WaRM 2005 Construction 2006 Construction 2007 Construction Construction by Others Roadway "rM A Yr— A A M I FXMN oe" rm 0% R IF A T Ill ON FVVE MAR WOMK PMOGRA FY 2004105 FY 2008109 TRANSPORTATION CONSULTANTS, INC. V. QUESTION 21 -13 Agenda Item No. 8C January 23. 2007 Page 33 of 159 Provide a projection of vehicle trips expected to be generated by this development. State all standards and assumptions used, including; trip end generation rates by land use types, sources of data, modal split, persons per vehicles, etc., as appropriate. The acceptable methodology to be used for projecting trip generation (including the Florida Standard Urban Transportation Model Structure or the Institute of Transportation Engineer's trip generation rates) shall be determined at the pre - application conference stage. Proiect Trip Generation At the pre - application meeting, it was agreed that the vehicular h•ih generation rates would he calculated based on methodology provided in the Trila Generation report, published by the Institute of'l- ransportation Engineer's (IT 7). 7"' Edition. Trip generation rates and Ca1CUlati011s f'or the Proposed land uses were submitted in the project's 'Transportation Methodology Report. The trip generation of the existing 374,310 square feet of uses that exist on the subject site were Ullcen from the trafl]C counts canductcd b}� TR Transportation. Based on the DRl allocation, approximately 13,489 square feet of the existing uses are considered office while the remaining, 360,821 square feet is considered retail. Table 4 inclicatcs the breakdown of the uses that currently exist oil the site. Table 4 Pine Air Lakes DRI Existing Land Uscs Size l�etaia -- '60,821 s f. General Office 13,489 s.f Total 74,310 s.1. ! Table 5 indicates the various future land uses analyzed as hart 01 'this report and their respective land use codes from the 1T1 report that were utilized to estimate the number of vehicle additional trips that will he generated. Page 1 l Agenda Item fro. 8C January 23, 2007 Paoe 34 of 159 TRANSPORTATION CONSULTANTS, INC. Table 5 Pine Air Lakes DRI Land Uses /ITE Code Use ITE Land Use Code ITE Land .Use Code Narsae Retail 820 Shopping Center General office I General Office Building Table 6 indicates the floor area of both office and retail uses that arc not currently constructed on the site that would be permitted based on the requested change to the DRI. 'fable G ]line Air Lakes DRI Prnnnged Total Land Uses Use,.. Size Retail 1,000,000 s.f. General Office 75,000 s.f. {; Total Floor Area in DRI 1,075,000 s-f. u _a Includes the 3743 i0 s.f. 01"existiti� uses Nvithin the project 'fable 7 indicates tilt beak ]lour trip _,encration as sw- VOcyed by 'FR T1'tulspi3rt<3tion Consultants as well as includes the trips gorwrated from the 1*l'I; report For the additional retail and office- uses being requested. Table 7 Pine Air Lakes DRI Raw Trio Generation 7 - Use Weekday P.M. Peak I 1pur I�ail� I In Out Total ? -��ay Getleral Off ice 30 130 160 ,i 1.070 !! .I —. —�- Retail----- - - - - -1 ?75 1.48> I 2,860 >0,i30 '1,otal 1.405 IT 1,615 I 3,020 1 31,400 The trip gcncration rates are shown in Table 8. Pit <�c l2 TRANSPORTATION CONSULTANTS, INC. Table 8 Trip Generation Equations Pine Air Lakes D111 Trip Ceneratioii Report, 7"' Edition Agenda Item No. 8C January 23, 2007 Page 35 of 159 shopping, Center t.,tJC 820 Ln (,'1') = 0.66 1_n (X) L 3.40 Ln ('1') 0.65 Ln (X) + 5.83 T = Trips, X 1,000 square feel of floor area I General office L� (LUX 710) l" = 1.12 (X) 1 78.81 Ln (T) 0.77 Ln (X) -I 3.65 ]' Trips, X = 1,000 square lect oi' floor area The trip gencration as approved in 1985 and amended in 1994 is shown below in Table 9. Table 9 Trip Generation Comparison Pine Air l.ak,,.¢ 11121 �• JilJ l GI1UIQ41VI1 -)III I 1111011 111111 MI J)' LlnVId V111111111e1' N, A."Oe. for the 1994 report 7th t (ition 01TIT Trip Generation utilised Ior 2006 (hits Based on the requested modification to the DRI, the trip aclleration will be decreased from what Nvas originally proposed in 1985 and be increased by app roxinlatclY '19 P.ivl, beak hour trips as I nodiffcd in 1994. However, it should be noted that based oil traffic surveys condUcted at the site access driveways of the. existinu tlscS On the SLlblect Sit, it 1S not anticipated that the peak hour- trip gclicration of the project as requested (1,000,000 square feet of retail and 75,0010 square fe-ct oj'officc uses) will generate more than 2,701 peak hour trips. In addition, the nM connection proposer) to .1 & C Boulevard will further reduce the peak hour trip impacts on the adjacent roadways of fine Ridoe Road and Airport Pullin- Road. I'age 13 Agenda item No. 8C January 23. 2007 Page 36 of 159 TRANSPORTATION CONSULTANTS, INC. V1. QUESTION 21 -C Estimate the internal/external split for the generated trips at the end of each phase of development as identified in (B) above. Use the format below (the format has not been shown below) and include a discussion of what aspects of the development (i.e., opportunities, ete.) will account for this internal /external split. Provide supporting documentation showing how splits were estimated, such as the results of the Florida Standard Urban Transportation Model Structure (FSUTMS) model application. Describe the extent to which the proposed design and land use mix will foster a more cohesive, internally, supported project. Internal /External Trip Generation The 1'ilie. Air L-1 -1kes developmcnt � ill continue to provide retail uses that will attract trips from the Volume of traffic traVClkllo . the aci.jaccnt roadwa\ system. The trip oeneration froali the existing uses was based on peak hocu- traffic counts conducted by 'I'R Transportation during the weekday peak hours of the adjacent street. The trips generated for the remaining uses that currently (lo not exist are based on the 111' Trip Generation Report, as previously referenced. V11. QUI'ShION 21 -1) Provide a projection of total peal: hour traffic, background plus DRI traffic, orr the highway network within the study area at the end of each phase of development. If these projections are based on a validated FSUTMS, state the source, (late and nctiyol-lc of the model and the TA7_ projections. if no standard model is available or some other model procedure is used, describe it in detail and include documentation shoving its validity. Describe the procedure used to estimate and distribute traffic with full DRI development in subrones at build -out and at interim phase -cncl years. These assignments may r-elIect the effects of any new road and /or improvements which are programmed in adopted capital improvement progr,rrns and /or comprehensive plans to be constructed during DRI constriction, however, the inclusion of such ►•oads should he clearly identified. Sliov these lint: projections on maps or tables of the study area network, on map or table for each plisse -end rear. Describe hors these. conclusions Ivere reaclzed. Si¢nificani1v lnipacted Roadways and intersections The rorid�'ays anal��z.ed tvcre stihJect to (lie n,,easure�llerit of the project's signifieant impact. '-Significant impact" was 111e l!�urccl .s project traffic volumes representing 5`''0 or more of the existin�u plus committed (1 + C) roadway adopted level cif service. The Naac 14 �j TRANSPORTATION r� CONSULTANTS, INC. Agenda item No. 8C January 23, 2007 Page 37 of 159 existing road network in the vicinity of the project has been shown in Figure 1. The maior roadways that will serve the site include Pine Ridge Road and Airport Pulling Road. The following represents roadway segments reviewed for this analysis: Pine Ridge Road — from Goodlette Drank Road to I -75 Airport Pulling Road — from Golden Gate Parkway to Vanderbilt Beach Road The distribution of the development trips is graphically represented on Figure 4. The trips were then assigned to the roadway segments listed above to determine which segments would require further analysis. 111c percentage impact as percent of the adopted LOS volume are also shown on Figure 4, The following segments were deemed significantly impacted by 5 %, and as such, Nvere further analyzed M I esponse to criteria established for QuesEion 21: Page 15 Aaenaa uern Eva. v- v JanuarN23, 2007 2460 Page 38 of 159 (123) 5.0% W E 10% L i► VANDERBILT BEACH RD S 'F -0"-4% ♦ 4-10 %♦ N.T.S. 3540 f (123) —1 3.47% 3970 (320) 26% 8.06% 3970 t f 3300 (283)213% 5% (320) �} 7.13%♦ 3 % i 9.69% l 4-11 %♦ x-26 %♦ z m ♦14 %♦ PINE RIDGE ROAD 3730 ♦5% 3730 11 (172) —J (197) — t 4.62% 6% . 528% 25% 6% O LO 3830 Uj z (197) 2 Q 8.03° U) LL r- w C j 7_ w J _ O 0 3830 c� (197) 5.14% 16% i .-8 %-. 3% --► GOLDEN GATE CL v PARKWAY LEGEND LL ♦ 2C °io♦ PERCENT DISTRIBUTION XXXX ADOPTED LOS VOLUME (XX; PROJECT TRAFFIC X.X% PROJECT TRAFFIC PERCENTAGE OF ADOPTED LOS TRANSPORTATION IMPACT AS A % OF ADOPTED LOS CONSULTANTS, INC. PINE AIR LAKES Figure 4 Agenda Item No. 8C January 23, 2007 TRANSPORTATION Page 39 o 159 CONSULTANTS, INC. Airport Pulling Road — South of Pine Ridge Road Airport Pulling Road — Pine Ridgc Road to Vanderbilt Beach Road Pine Ridge Road — Naples Boulevard to Goodlette Frank Road Pine Ridge Road — Airport Pulling Road to Livingston Road I'he following intersections were reviewed based oil the 5% significant, impact rule: Pine Ridgc Road at Naples Boulevard Pine Ridge Road at Airport Pulling Road Airport Pulling Road at Naples Boulevard Naples Boulevard at Costco access Naples Boulevard at Regal Cinema Access Naples Boulevard at Lowe's Eastern Access Based on the 5% impact, the following intersection were analyzed further as part of' this report: Pine Ridge Road at Naples 101.11evard � Pine Ridge Road at Airport Pulling Road Airport Pulling Road at Naples Boulevard Naples Boulevard at Costco access Naples Boulevard at Regal Cinema Access Naples Boulevard at Lowe's pastern Access For roadways and intersections Linder StUdy, the following collcliti()ils Nvere al]aly ed; 2005 I: xlst1Jlg Condit10115 2010 Background Conditions plus Praiect Conditions As previously mentioned, Pine Air Lakes is expecting a relatively cluicJc build -out of approximately 5 years. Since approximately % of the project is already either constructed or in the permitting stage, a build -out of five years is not unrealistic. As a result, the Illost accurate method for determining the future background traffIC volumes was based on historical growth trends established in the area. '1 lie Collier Col.11lty Co11CUr1'CnCy Marla2C111Cl1t SyStCill 1Vas lltl iZCCI to dete n ine if sufficient capacity is and Nvill be available on the surrounding roadways Nvith the additional retail floor area being requested. Based on the latest information as provided Pa-e 17 Aclenua item too. SC January 23, 2007 Page 40 of 159 TRANSPORTATION CONSULTANTS, INC. by the Colliel• County Collcurrcllcy Management System, the project traffic was compared with the available Capacity for Peak Dour — Peak Direction traffic conditions as defined in the most recent Collier County Concurrency Spreadsheet. Based on the information contained within Table 10, all of the roadway links that are projected to be significantly impacted in accordance N ith the Collier County 3 0,'0 -3 % -5% Significance Tess will have sufficient capacity to acc.oillmodate the acidrtional trips generated by the project. As call be seell from Table 10, there is sufficient capacity available on the significantly impacted links surrounding this pro,iect to accommodate the pro, ;ected additional traffic demand from the additional retail I'oor area. Therefore, no improvements are recommended to achieve the adopted Level of Service for any of the roadway segments under study. 0 1� o c7 r• EN S � � N a �d s= (a d to J a Z a U Z NWN Rim Z O Z _ Z O U u uj W_ oa Q rtQ LU UJ LU OU = Ca _C W CL Z U LL rrZn Vr�W i O LO 1 M 1 t� wowww wLLJ Q z F- tY L U o rn °I r 9 ' o M ° v N r o WLD0 rn f m L0 0 o ro � N N r� m o M n w W M Q U d 6 a O c M O O M M 00) M M ( (N0 n n m m n n � z U Z M �' Q d U W r Ill 0 O N OV N o uM'� f Om >- x Q J a Z In ce Q Q w w w w o (D N w L LL r N N to m m N N N O O 0 i. co 4 47 C r t w w w w w w w CO a d a a. f- r to I I _ (n Q _ L O O O O O O O O O O U O O O C Cl O OOi O O N N O O m m O O O Ol N N � � U c � Q U) J ( (D ( (D ( (D C CD C C0 ( (D l l0 ( (D ( (0 O O O O O O c c0 O O ( (O ( (0 V V ( (0 N C U U C z } F- wowww wLLJ Q z F- tY L U o rn °I r 9 ' o M ° v N r o WLD0 rn f m L0 0 o ro � N N r� m o M n w W M Q U d 6 a O c M O O M M 00) M M ( (N0 n n m m n n � z U C7 2 Q u M �' Q d U 4 r Ill 0 O N OV N o uM'� f Om x Q J a Z In a O m r r- o Q Co 0 Q U7 o N N a CAD O e N N o (D N w L LL r N N to m m N N N O O 0 00 c co 4 47 C CD M M C CD N r t N t tD ' F- W0. U_ r- CO a d a a f f- r 00 N OD M O (D N N N � C r M co r r C O9 P O p O O O m � � (09 N (NO, Q? o O r C m M C r N M J O ;9 z C N N ro Lij N Q7 C (f) M C - (.O (;J f`- CO f s �r N N IA U> (fl CD CO (D (D c Z T > y S G O tl M N .- N >O 0 U Io U- LL U Y a O a0.i 7 m ° a � a a m r al 0) m Im rn rn m ° C � o a� a a = Z a U a�i [r CG a`r r r 0. 0. p o U> a (n Li, Z z' ) (2) a c 0° OL m ru m a O a a .� a o o uj C7 Q z Q _4 L d 0.c o m 4 > q a > i� a c� z a Y Q.. W O O C O O p O O > p -' N z co z z z LLl ?z Z VJ z (n 5 �} Lu ? LLJ t- 2 -o Y Y L LL ° LL C m 0. a o F¢ Q O o m 0 0 Q O O > U Ch J d } d 6 6� O O c M O O M M 00) M M ( (N0 n n m m n n � �? I Ill 0 z Z M � w w L LL r N N to m m N N N O O 0 00 c co 4 47 C CD M M C CD N r t N t tD ' 'It L L� p p a a d a a f f- r to I I _ (n Q _ L O O O O O O O O O O O O O O O C Cl O OOi O O N N O O m m O O O Ol N N � � U c M C Q U U) J ( (D ( (D ( (D C CD C C0 ( (D l l0 ( (D ( (0 O O O O O O c c0 O O ( (O ( (0 V V ( (0 N C U U C E c c Agenda Item No. BC January 23. 2007 Paae 42 of 159 TRANSPORTATION CONSULTANTS, INC. The intersections in the ininiediate area were analyzed to determine what, if any, improvements would need to occur to accommodate the projected additional development trips. The site access drive intersections along Naples Boulevard were not specifically analyzed as these intersections will be modified as development permits are applied for to provide the necessary turn lanes and traffic control to accommodate the specific projects. A Site I)evelopnlellt Pel-lnit is currently being revic%ved by Collier County for the property immediately north ofthe Pine Air Lakes project that will provide an intercoilnection to the Pine Air Lakes project directly to .1 & C Boulevard. .f & C Boulevard currently serves a larger conlnici- cial /llldtisti -ial area and the interconnection will allow traffic front this lar�.ze commercial area to access the fine Air Lakes DRI without having to travel on file adjacent al-terial roads, as they must do presently due to the lack ol' any cOn11ection to the north and west from the DRI. This connection was taken into account in assi,ynino_> the trips front the additional development to the surrounding roadwv ly llet% ork- 'fable I I idell6iies the intersections that vv7ere studied as well as the projected Levels of Service and ally r III pro voincilts that lvlll be required to maintain that Level ofScrvice at build -out of the project. Table 11 2005 and 2010 Traffic Conditiol'S Intersection Level of' Service DcSignation hnprovcnients Necessary to Intel-sectiola 2005 LOS {)I O LOS I�9aintaiii Acceptable 3 C)S Airport Pulling Rd . /Pine Implementation of Ridge, Rd. SCOOT System Ali -port Pulling I3 D Triple FB Lefts Rd./Naples Blvd. -- — — - - -- -- _ Pine Ridge Rd../Naples C, � C None Blvd. Paoe ? () TRANSPORTATION CONSULTANTS, INC. VIII. QUESTION 21-P Agenda Item No. 8C January 23, 2007 Page 43 of 159 Assign the trips generated by this development as shown in (13) and (C) above and show, on separate maps or tables for each phase -end year, the DRI traffic on each link of the then existing network within the study area. Include peak hour directional trips. If local data is available, compare average trip lengths by purpose for the project and local jurisdiction. For the year of the build -out and at each end of each phase estimate the percent impact, in terms of peak hour directional DRI trips /total peals hour directional trips and in terms of perk hour DRI trips /existing peak hour service volume for desired LOS, of each regionally significant roadway in the study area. Identify facility ,type, number of lanes and projected signal locations tD for the regionally significant roads. Due to the size, location and build -out schectulc of the development, it was agreed to at the Pre - application mecting that the use of the Florida Standard t rban '1'ransPot'talion Model StructUrC Would not pl'ovide applicable modeling forecast. The use of the FSUTMS nlodol on DRI projects with short build -out schedules generally results ill extremely high growth rates and non - logical Project generated trim assignments, Therefore, the Pine Air 1_,alws traffic was manually distributed and aSSlgllecl to the surrounding roadway system based on review of e xisting traffic patterns in the area as well as other factors, such as location of eonlplitnentary land uses. and location of tltajor population centers. Figure 4 provides it detail of the trim distribution utilized for this anal sis as 1N+e11 lncllctillf, the nunihel' of trips the additional floor area lwtll add to each roadway link. Figlll -e indicates the assionnient of the development traffic to the surroullditlg intersections. The PM peak hour project traffic was then distributed to the surrounding roadways and intersections based on the anticipated distribution. These assignments are shorn oil Figtitre G. 2010 traffic conditions were then determined by combining the back ground traffic conditions and the Project traffic assigned to the surrounding Stl•ctas and intersections. Development plus background traffic, along Nvith corresllonciill g bevels of Set-vice, have been shown in Table 9. Figure C graphically indicates the total traffic aSSi��11i11el1t 1'0 the SUITOWiding intersections. Page 21 CL 0 ri 0 CD 0 enua !Iem No. m. January 23, 2007 Page 44 of 159 r UUU VVCCt\tUmT rive ran\ rnvvr\ i nni 4 c� TRANSPORTATION NEW PROJECT TRIPS 2010 BUILDOUT CONSULTANTS, INC. PINE AIR LAKES DRI Figure 5 CD N W E S N.T.S. enaa Item No. St January 23, 2007 Page 45 of 159 a cn CD `T � t` k 10 4% ♦ 4-10 r 20 775 .1 h 10♦ cc ° co° 525 ,� r m 0 O tr C7 z a O d El ° c° 300 ♦ "t750 PINE RIDGE ROAD Ln N o � �0 4 + 4 t 425 ♦1110 ,(-375 2750 ♦ 425 "t �, f 1910 -00. 615 oLno v °v r LEGEND ♦ 000 WEEKDAY PM PEAK HOUR TRAFFIC TRANSPORTATION 2010 TRAFFIC PROJECTIONS CONSULTANTS, INC. PINE AIR LAKES DRI Figure 6 Agenda Item No. 8C- January 23, 2007 Page 46 of 159 TRANSPORTATION CONSULTANTS, INC. IX, QUESTION 21 -I{ Based on the assignment of trips as shown in (D) and (I?) above, what modifications in the highway network (including intersections) will be necessary at the end of each phase of development to attain and maintain the adopted Level of Service standards? Identify which of the above impl-oveluents are required by traffic not associated with the DRI at the end c >f each phase. For those improvements needed earlier as a result of the DRI, indicate llow much earlier. VNlaere applicable, identify Transportation System Management (TSM) alternatives (e.g., slg"alrzatron, one-way pairs, ride sharing,, etc.) that will be used and any other measures necessary to mitigate other impacts such as increased maintenance duc to ge number of truck movements. Based on the information discussed under (D) and (E), improvements will tie necessary at the intersection of Naples Boulevard and Airport Pulling Road in order to maintain an acceptable Level of Service for the buildout unftic conditions_ This imlarovement vwould include re-striping the west leg of die intersection to provide two exclusive left turn lanes. a shared through /10 turn We and a right turn lane, Signal modihmions will also be necessary as this will require a split phone signal operation. With these ilnprovea�zeaZts, the intersection is prq�iectcd to operate at I.OS "D ". At to intersection of Pine Rkbe Had and Airport fulling Road. several movements are pro.jectod to operate at LOS - 1=" whh or without the additional Moor area being requested nth this amendnmem, "Ile current traffic data available does not accurately reflect the shift in traffic demands due to the new six lane north0nnh I,ivingstorn Road corridor bcin� available from [,cc County through Collier County. 'This alternate northfsmall corridor will alleviate the demand on Airport Pulling Road in this area. In addition, several other improvements to cam/west corridors will also impact Pine Ridge Road. Ijese include the widening of VandoNfit Beach Road to six lanes as well as the widening of'Goldcn Gate I'm1way to six lanes and a full interchange with 1 -75, An additional corn IT) i till ent the Developer has made is to provide, throu,(�h casements, connection from Naples Boulevard to J & C; Boulevard to the north. Along wRh the coopci -ation of property ON' -ncrs to the north of the project, a roackvay connection will be fate 24 TRANSPORTATION CONSULTANTS, INC. ,genda Item No, 8C January 28, 2007 Page 47 of 159 provided that will allow traffic from the commercial development to the north to access the subject site, as well as Naples Boulevard, without traveling along Pine Ridge Road or Airport Pulling Road. This interconnection will provide a positive benefit to the area road network by allowing I'etail shopping trips oil a beak hour and daily basis to be made between the commercial uses and industrial uses without placing additional burden on the niaJor arterials. Short shopping trips or trips during the lunch tinge period from the industrial uses call be co111pleted to the retail Services WithOL1t 11itVeling on Pine Ridge Road or Airport fulling Road. The .I & C business park employs a substantial number of Persons that will be able to take advantage of the retail uses within the Pine Air Lakes DRI. The project also includes a reverse frontage road on either side of Naples Boulevard that allows trips between uses to occur VVithout traveling on Naples Boulevard. Trips between the various uses within the pl-oject can occur withhout having to travel on Naples Boulevard or the external road system. The Developer bas also agreed to make a financial contribution to Collier County for the purposes of implenlenting the SCOOT system on Airport fulling Road north of Pine Ridge Road to acco111modate the additional turn lanes being added. 'I'he. SCOOT' system 1S a CompLltCrlled ti -alflC signal coordination program that provides for a Vlore efficient Use of the nL1n1bC:1' of travel lanes available by optimi7_ing the tl'af�ric st�,?ilal tlnlings bused on the actual real time traffic demands. Implementation of this systcin along Airport Pulling Road \.vill provide far all increased ufficiency in the rigid network and a decrease in the delay experienced at the signalized intersections. The Developer is also i)roviding the necessar }; funds to Collier C01,111ty to in1111cment a pernlancilt traffic count station on Naples 1301-llev,11-d in Order to complete real time traffic monitoring as part of the DRI Development Older. "I'll's traffic station will provided DOT staff with necessary traffic count data to evaluate the Concturrcncy Managcnlent systelll currently in place in Collier County. Page 25 Agen'a Item No. SC January 23, 2007 Page 48 of 159 TRANSPORTATION CONSULTANTS, INC. In order to mitigate any external impacts of the project, the Developer has a (greed to interconnect the Pine Air Lakes DRI with the existing street network to the north (J & C Boulevard), construct additional left turn lanes oil Naples Boulevard at Airport Pulling Road. make a financial contribution to Collier County for the purposes of retiming the SCOOT traffic signal system along Airport 'Pulling Road, provide a permanent count station within the D1Z1 to monitor traffic and provide a reverse frontage road within the project to reduce impacts to the public road system. Based on surveys at the access points serving the existin4 uses it is projected that, even with the additional retail floor area being requested, the project will not exceed tile total P.M. peak hour trip (generation as approved in 1994. The project as requested will also not exceed the trip generation as originally approved in 1 � ?b�, for v,0iich the overall mitigation measures to the transportation system were ultinlatel)' developed and implemented by the project. The project is also antic,p tted to generate approximately $7.9 Million in road\vay impact fees from the additional amount of commercial retail development requested. 'Phis.. in combination with the other commitments made by the Developer, will more than offset any additional impact the project « -ill have on the surrounding roadways. Pace 26 TRANSPORTATION CONSULTANTS, INC. X. QUESTION 21 -G Agenda Item No, 8C January 23, 2007 Page 49 of 159 Identify the anticipated number and general location of access points for driveways, median openings and roadways necessary to accommodate the proposed development. Please note which proposed access points are to be located on the State Highway System and must be permitted pursuant to Rules 14 -96 or 14 -97, Florida Administrative Code. Describe how the applicant's access plan will minimize the impacts of the proposed development and preserve or enhance traffic flow on the existing and proposed transportation system. This information will assist the applicant and governmental agencies in reaching conceptual agreement regarding the anticipate(] access points. While the ADA may constitute a conceptual review for access points, it is not rr permit application and ,therefore, the applicant is not required to include specific design requirements {geometry} until the time of the permit application. X1. QUESTION 21 -H If applicable, describe how the project will complement the protection of existing, or development of proposed, transportation corridors designated by local governments in their comprehensive plans. In addition, identify what corn III itrnents will be made to protect the designated corridors such as interlocal agreements, right-of-way dedications, building set - backs, etc. The project is not ]77-017)osing airy access points onto a State I lighway System route, thus not rec]uiring a permit from the Florida Department of Ti- ansportation pursuant to Rides 14 -96 or 14 -97, I' loi'ida Mill mstrative Code. Access to the proposed development will be provided via Naples Boulevard, a four lane divided collector roadway that was constructed as part of the transportation mitigation for the Pine Air Lakes DRI and cicedecl to Collier County as a public roadway. Three existing separate access drives serve the devcloprncrnt with scrycral more planned in the future. XII. QUESTION 21 -I What provisions, including but not limited to sidewalks, bicycle paths, internal Shuttles, rifle sharing and public transit, hill be rna(le for movement of people by means other than private a(rtornobile? Refer to internal design, site plarxraing, parking provisions, location, etc. Refcr to the Applicant's response to Question 21 -C and 21 -F. ]Nape 27 Aaenda Item No. SC January 23: 2007 Page 50 of 159 TRANSPORTATION CONSULTANTS, INC. XI11. CONCLUSION In order to mitigate the external impacts of the additional trips, the Developer has agreed to contribute to off -site mitigation efforts, such as interconnecting the Pine Air Lakes DRI with the existing street network to the north (J & C Boulevard), construct an additional eastbound left turn One on Naples Boulevard at Airport fulling Road and contribute to Collier County for the purposes of implementing and retiming the SCOO`r traffic signal system along Airport Pulling Road to accommodate the additional turn One and traffic generation. The C1-12NA Hill technical memorandum in file Appendix of this reports summarizes the trip generation of'tbe project as originally approved, as currently approved and as proposed. Ile minor- increase in trips between the currently approved development intensity and the proposed development intensity will be offset by the dispersion of the site trips to /'turn the north to J & C Boulevard whereas all the trips are nom forced to use Airport Pulling Road or- fine Ridge Road to access the project. Based on the preliminary estimates, as much as 5% to 15'/o of the project trips could be diverted to the connection bet\veen ,l & C Boulevard and the project, thus reducing the corresponding amount of trips that would otherwise have to use .Airport Pulling, Road to access the project. At the intersection of Pine Ridge Road and Airport Pulling Road, scVcral movements are projected to operate helo" the acceptable I:OS v ith or Wabut the additional floor area tieing requested "it this amendment. The cuuent traffic data available does not accurately reflect the shift in traffic demands duc to the new six lane north/south Livingston Road corridor being available from) I.ee County through Collier County, or the widening of y- andabilt Beach Road to six lanes or the widening ofC olden Gaic. Parkway to six lanes and a full interchange with 1-75. in e 28 TRANSPORTATION CONSULTANTS, INC. Agenda item No. 8C January 23, 2007 Page 51 of 159 The "reverse frontage road" oft either side of Naples Boulevard will allow trips between uses to occur without traveling on Naples Boulevard. Trips between the various uses within the project can occur without causing additional external traffic impacts. 'File Developer has also agreed to make a financial contribution to Collier County for the purposes of implementing and re- timing the SCOOT system on Airport Pulling Road north of Pine Ridge Road. The implementation and optimization of the SCOO 'I' system could improve the overall efficiency of the roadway by as much as 10% to 25 %, including increase in capacity by decreasing hcackvays, decreasing overall approach delay and improving traffic flow along the arterial corridor. The Developer is also providing the necessary funds to Collier County to implement a permanent traffic count station on Naples Boulevard it) order to complete real time traffic monitoring as part of the DRI Development Order. Based on surveys at the access poillts sel-ving the existing uses, it is projected that, even With the additional retail floor area being requested, the project will not exceed the total P.M. peak hour trip generation as approved ill 1991. The project as requested will also not exceed the trip generatiola as originally approved in 1985, for which the overall mitigation measures to the transportation system were ultimately developed and ilnplelnented by the project. The project is also anticipated to generate approximately $7.9 Million in roadway impact fees front the additional amoultt of colturlcreial l-etail development requested. With these improvements and contributions, any additional trip - encration that may be experienced by this project will be more than offset. Page 29 Agenda Item No. 8C J'anuary 23. 2007 Page 52 of 159 EXHIBIT "A" A parcel or tract.of land lying in Section 11, Township 49 South, Range 25 East. Collier County, Florida. being described as follows: Comn'encIngg at the Horthaest corner of said Section 11. run S 0002I'47' K along the East line of said Section 11 a distance of 1318.86 feet; thence S 88 047'13' X 100.04 feet to the POIKT OF SEGINKING and the westerly right -of -Kay Iine of County Road Ko.31; thence continue S 88 1047'13' X 2654.06 feet thence S 01005'21` E 1316.71 feet; thence S 01005'18' E 1316.78 feet; thence K 88051'31' E 1341.42 feet; thence H 00018'58" W 329.45 feet; thence H 88050'57' E 1245.82 feet to the Westerly right -of -way line of County Road M-31', thence H 00 °27'18' E along said right -of -Kay line 989.28 feet; thence K 00 °27'40' E along said right- of-way line 1318.80 feet to the POINT OF EEGIHKIKG: Said parcel or tract containing - 148.99 .acres, more or less. Subject to easements, restrictions and reservations of record. Bearings based on a bearing of H 00 027'41" E on the East line of the KEG of Section 11, Township 49 South. Range 25 East, Collier County, Florida. This description meets the niniaui Technical Standards as set forth by the Florida Board of land Surveyors. pursuant to Chapter 472.027, Florida Statutes. Agenda Item No. SC January 23, 2007 Page 53 of 150 RESOLUTION NUMBER 07- DEVLLOPMENT ORDER NUMBER 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING DEVELOPMENT ORDER NUMBER 85 -5, AS AMENDED, THE PINE AIR LAKES DEVELOPMENT OF REGIONAL IMPACT (DRI) BY PROVIDING FOR: SUBSECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER, BY INCREASING THE SQUARE FOOTAGE FOR REGIONAL COMMERCIAL RETAIL USES AND REDUCING THE SQUARE FOOTAGE FOR OFFICE USES WHICH RESULTS IN AN OVERALL INCREASE IN SQUARE FOOTAGE, AND PROVIDING FOR CONVERSIONS OF OFFICE SQUARE FOOTAGES TO RETAIL SQUARE FOOTAGES AND VICE VERSA, BY INDICATING IMPROVEMENTS THAT HAVE BEEN MADE TO DRAINAGE, TRANSPORTATION AND WATER SEWER FACILITRS, REVISING THE LIST OF IMPACTED ROADWAYS, BY PROVIDING FOR MITIGATION FOR AFFORDABLE HOUSING IMPACTS AND BY EXTENDING TI•IE TERMINATEION DATE; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY APPROVED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County approved Development Order 85 -5, which approved a Development of Regional Impact (DRI) known as Pine Air Lakes on November 12,1985; WHEREAS, [lie Southwest Regional Planning council appealed Development Order 85 -5; and WHEREAS, the appeal was settled by the Board of County Commissioners adopting Resolution 86 -63, which amended the Pine Air Lakes Development. Order, on April 15,1986; and WHEREAS, the Application For Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the owners of the DRI property are desirous of amending the Development Order; and WHEREAS, the development order has been subsequently amended; and WHEREAS, Karen Bishop, or Project Management Services, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing the Airport Road Limited Partnership have petitioned the Board of County Cornnvssioners to further amend [lie Pine Air Lakes Development Order; and I Words are deleted; words underlined are added, Agenda Item No, Sr- January 23, 2007 Page 54 of 159 WHEREAS, the Collier County Planning Commissioner (CCPC) has reviewed and considered the proposed amendment and the report and recorrunendations of the South West Florida Regional Planning Council (SWFRPC) and has held a public hearing on the petition on December 21, 2006; and WI- MREAS, the Board of County Commissioners of Collier County has reviewed and considered the proposed amendment and the reports of SWFRPC and the CCPC and held a public hearing on 2007. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 4, Findings of Fact, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: FINDINGS OF FACT The real property which is the subject of the ADA is legally described as set forth in Exhibit A, The- I�lt3nn ' T� -gin f0v pi" ,kH- -6tkea atEankad l �' eta artd y jt#erer3ec need er 3. The applicant submitted to the County an ADA and sufficiency response k�ren asmfresite�c4ii13it Bernd kiy re#ea to the extent that they are not inconsistent with the terms and conditions of this order. 4. The applicant proposes the development of Pine Air Lakes DRI Plamred 1--wit imn nt, for 148.99 acres which includes ?5:37— asses -€ep i ?ra use; 103 -cores for mired use office /retail use; 33.49 acres for lakes /open space; app e3 i� 77 12 aetes Fev regioiial 0.7 ''c_ -___fir and approximately 1.81 acres Of cypress wetlands. B. Paragraph 1, Conclusions of Law, of Development Order Number M -5, as amended, is hereby amended to read as follows: CONCLUSIONS OF LAW PROJECT DESCRIPTION: The ADA for the Pine Air Lakes project proposed a range of square footage for approval; however, the transportation analysis provided by the applicant addressed a project consisting of a total of 9-57 -;AAA 11 Q75,000 square feet of retail and office commercial uses as delineated in nrnn i �:�El -tl tat- t1rs�- 57AA(1 �rt� -feet rs Paragraph La. below. T- 1��- m�r«o�rPe � em Fete reHA5et1 a+t t that a r . • i r he r r peed. Conditions: 2 Words are deleted; words underlined are added. Agenda Item No. 8C January 23, 2007 Page 55 of 159 a. Pine Air Lakes project approval shall be for the following maximum square footage and uses, subiect to the conversion provisions set forth in ara raph 6.1N1 ercin Category Seq. Ft. Regional Commercial Retail 787;99E1-1 1 000,000 Office 250,000 75,000 Total 47:9801,075,000 Any further request for additional square footage shall be considered by Collier County through the Substantial Deviation process pursuant to Chapter 380.06, Florida Statutes, C. Paragraph 2, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: DRAINAGE /WATER QUALITY: The applicant has proposed a surface water management system that, with an addition to the proposed "Best Management Practices" (B.M.P.'s) should improve water quality leaving the site and cease to add further to the degradation of Naples Bay. Additionally, the project has the Potential for locating businesses or other on -site uses that could generate special or hazardous wastes (i,e., photographic processing, gas station, printing). Condlttons: C. Wit Admjn mrater-or Iris- design Te Developer has provided a thirty -five (35) foot wide and a twenty -five (25) foot wide perpetual, non - exclusive easement for drainage purposes along the western boundary of the Pine Air Lakes project; thirty (30) foot wide temporary non - exclusive construction easement which parallels a twenty - five (25) foot wide temporary non - exclusive drainage easement, both of which temporary casements connect with the temporary drainage easement for the lake, abutting the property's northeastern boundary along Airport - Pulling Road, around which lake the thirty (30) foot temporary construction easement continues; all as more fully described in the drainage conveyance documents dated April 1994, and the drawings attached thereto and prepared by Wilson, Miller, Batton & Peek, Inc., dated February 1994 for File No, 2G -403. Said temporary easements are for the purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system, and shall be abandoned at time of Site Development approval of the area north of Edgewood• -Bt4" Naples Boulevard. At time of Site Development Plan approval, a twenty -five (25) foot wide perpetual, non - exclusive easement for drainage purposes shalt by dedicate to Coilier County uid recorded in the public records. D. Paragraph 4, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 4. FLOODPLAINIIIURRICANE EVACUATION: The proposed retail commercial and office development contains a large amount of conunon area that 3 Words are deleted; words underlined are added. Aaenda Item No. SC January 23, 2007 Page 56 of 159 could be used as refuge in the event of a Hurricane. This would constitute a use of Regional benefit. "Rditiom Tke applioant Most meet with the OPP!-GP1-iRt0 County fir" rb havi4emie efa E. Paragraph 5, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: REGIONAL SHOPPING CENTER: The proposed Pine Air Lakes regional commercial center will contain up to 1,000,000 square feet of retail space and u to 75,000 souare feet of office uses for use by the markets of Collier County and soul], Lee County by 2010. Conditions: b. In order to ensure that regional retail is achieved, there will be theee a ,nillinmm of two individual retail uses, each with a minimum of 70,000 square feet of gross leasable area (GLS) located north of lie Areed Beive Naples Boulevard. Further, a majority of the uses in the Regional Cormnercial area will be restricted to uses specified in the Planned Unit Development Document that are also within Division G of the Standard Industrial Classification Manual, 1987 edition. c The Pine Air Lakes project shall have the right to convert office soace into retail space or retail space into office space with the conversion rate between the different uses to be set forth as follows the conversion rate has been determined by an CCIUM11CM tri2 peneration anal ;sis1. Up to 50,000 square feet of office area can be. converted into retail area at (lie rate of 100 square feet of additional retail area for every 420 souare feet of office area converted Additionally, uo to 50,000 square feet of retail area can be converted into office area at the raie of I00 square feet of additional office area for every 24 square feet of retail area converted. F. Paragraph 6, Conclusions GC Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 6. TRANSPORTATION: Traffic generate([ by Pine Air Lakes, when combined with other growth in the Area, will necessitate substantial roadway improvements, if level -of- service "D" Leak hour -peak season conditions arre to be maintained. Conditions: The developer 41at-t -proA de has provided a fair share contribution toward the capital cost of traffic signals at each of the project accesses on Pine Ridge Road and Airport Road when deemed warranted by the County Engineer. The signals sliall be owned, operated, and maintained by Collier County. rl. The following regipri_rl inaduayc artrl inrrrcrrrinnc are nrnjPrted to be significantly impacted (5% of LOS D — peak hour, peak season) pfiot' to project buildout. Words are deleted; words underlined are added. Agenda Item No. 8C January 23. 2007 Page 57 of 159 Significantly Impacted Roadways are: 1. Airport Road -- �t�er�i�t- $eaelrP�sn��#geweed- Brrve *— Edgesv% d-DHVe to FUeT K Qr --Pine Ridgy -R.ead to- Gold- Gatc- Parl<wiy • die Read ■ Golden Gate Parkway to Vanderbilt Beach Road ■ South of Pine Ridge Road ■ Pine Ridge Road to Vanderbilt Beach Road 2. Pine Ridge Road } U.S. Al to G 11 t k Road • Goodlette -Prank Road to £idgeweed Gyve Naples Boulevard • Bdgewaf)d- Br Naples Boulevard to Airport - Pulling Road ---A4i:peA-Pu44+g- end to 175 ■ Airporrt PLIMulg Road to Livingston Road • Goodlette Prank Road to 1 -75 a - -A+t- 3et$I4"flg Re, W _ n ,1,,,1be*t 43 •— �- lHk�Betrlev turd- lo-begftr� -$er rJe�ard Significantly Impacted Intersections are: 5- 4 5- 4-WWn&Ridgs-Ik 3d n 8. Airport - Pulling Road /Pine Ridge Road 9. Airport - Pulling Road/ Edgewoed -1.44% Naples Boulevard 10. Aifpw- - Pulling ReafiNan t- Beach Read I-1— Aifpol t- gu44irig44mddmmakale- e --Roed -__- =- , =) ge4�eadlfifaedJ$tee F juuk 13, Pine Ridge Road/9dgeweed- 144ue Naples Boulevard 14. Naples Boulevard at Costco Access 15, Naples Boulevard at Regal Cinema Access 16. Naples Boulcvard at Lowe's Eastern Access C. The applicant shalt mitigate its impact on the regional and local roadway and intersections identified herein as follows: i) The Applicant shall make the improvements specified in 6(a), (b), and (c) hereof. ii) The Applicant shall be subject to all lawfully adopted transportation impact fees. iii) The Applicant has constructed shall- be- raspels ler Qie eensk sEien-�wae44;)t4ve :Naples Boulevard from its terminus on the southern property boundary to and including the intersection improvements needed at its juncture with Airport Road, This roadway is expected to provide an alternative to and relieve some traffic pressure on the Pine Ridge- Airport Road intersection, 5 Words are deleted; words underlined are added. Agen =da Item No. 8C January 23, 2007 Page 58 of 159 iv) Applicant shall be required to make the following improvement to Airport Road: a) When requested by Collier County Transportation Department, Applicant has contributed °' °'mil>ttrte the necessary funds (approximately $80,000) for designing six -lane improvements from the currently designed terminus at Cougar Drive to the northern access point of Pine Air Lakes on Airport Road. b) At the time of issuance of the first building permit for vertical construction in fine Air Lakes, the Applicant has contributed &M-11 le-FeSPOW N -€car• eel e0etinty) the necessary funds to six -lane Airport Road from its currently scheduled terminus at Cougar Drive north to the northern access point of Pine Air lakes on Airport Road. The actual amount of the contribution shall be the full amount necessary to accomplish the six -lane improvements as determined by actual bid price. e e Titans ertation —_D ii4�}3}'$Yt'} tic- nt -cs– ,'lei': -r,i 1•'µ".�e 4 - c) At the time the County Transportation Department deems a second left hun lane is warranted on Airport Road at the Edgeweed-DOYO Naples Boulevard intersection, Applicant shad has contributed it's proportionate share of the costs incurred to install said second left turn lane at its nj+iluts the funds necessary for any improvements to Airport. Road or the adjoining canal to accolrunodate the second left turn lane. d) Said contributions set forth in (a) and (b) above shall -be have been credited to the Applicant, his successor or assi ;pees, as a road impact fee credit. The amount of the credit shall be the contribution amount less any casts required for the design or construction of site - related improvements. For the purpose of this stipulation, site - related improvements shall be deemed to be any north bound or south bound turn lanes deemed acquired at each access point to Pine Air Lakes, signalization costs for the intersection of £dgeweed Drive Naples Boulevard and Airport - Pulling Road, and any canal improvements associated with the Pine Air Lakes project. Collier County shall agree. to use said contribution for the sole purpose of the above described six -lane intprovenlents. 1. Txcept for the three recess points provided on Airport Road, all A-4- access to individual parcels shall be internal. n. T>�° tee?° �el�t- S�' 1. 11-- he- 1t+ 3�FFEd- te- parEe- ls-- iFlli�le�li ' 8c1 �'1 ^te :o: �`'�eweecl- Alive- a+a- talatai ;3c�- arrd- clecliesta ; £- lgewee l D ' a a .1, o� is 4c�opel erdrtt3<e G. Paragraph 7, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 6 words are deleted; words underlined are added. Agenda Item No. 8C January 23, 2007 Page 59 of 159 ENVIRONMENTAL CONSIDERATIONS: a. A site clearing plan has been 6MI be submitted to the Development Services Departntcnt for review and was approved appfei O prior to any substantial work on the site. Thi -pla, = a•.a"e- ubi tt6d i— phases _.to :d with t 'evelepm all e }i ot'l >sratee -rind vegetation to th lam- hew -rOads -bad; lakes atki ^ ots �per -ffi eriw -to accomrnedate this geal. C. All exotic plants, as defined in the Collier County Land Development Code, have been removed shall - he -re+p eh phase - seastr+tstieA from all development areas, and preservations areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Development Services Department. H. Paragraph 8, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 8. UTILITIES: A. Water and Sewer Central water distribution and sewage collection and transmission systems have been will -be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Tile proposed water and sewer facilities will he have been constructed within easements to be dedicated to the County for utility purposes or within platted rights -of -way. Upon completion of construction of water and sewer facilities within the project, the facilities will 6 e have been tested to insure they meet Collier County's minimum requiremcnts at-wwc -1 tints tltoy -tivill -lie -and have been dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. 2. All consU'uction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must 6 have been reviewed and approved by the Utilities Division prior to commencement of construction. 5, An Agreement shall be entered into between the County and the Owner, legally acceptable to the County, stating that: a) The water supply and wastewater treatment facilities for this nroiecl are provided by Collier County and no temporary or interim water treatment facilities are renuired, tjnent fiaoilities and ii sits wastswater treatment and lisposa! faei464_- --,jf req tlY'ecl aYe to be eottstrusted part of th�� sed pr j must -be + - d--- as - - -.i ied t„ State .,, wit;;-- n;�l-- Ija- eer�t�s�aQ- �- 1.a - -� «��and -- Fecierttl Gtanda# fly - rind -afe- to- b"wned- ep'et- ^r�c'zs, and -immi n8d- l}y-- tiife- ai5'f}e3 Words arc deleted; words underlined are added. Agenda item ,Rio. 8C January 23, 2007 Page 60 of 150 } 1, e FA!Ojeet-- I j3s}1- EetH3ee�t9n -tE� t11C 9Ht{4j rC eRI fti: 'A Ater ter Far l ar r,..,. ^t f+8jjj the site the t miff 68 age rf�� ter ly sa,.. i applie -a6l ;^tent wim State of 1 loiido stftncIards. vet- k- tew e Ei witli ims aetivity shall be pe4at:,ned - ar- .,Q- e.,... tc .hy, b) Connection to the County's Central Water and /or Sewage Facilities will be mode. by the Owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. c) All construction plans and technical specifications related to connections to the County's Central water and /or Sewer Facilities will be have been submitted to the Utilities Division for review and approval prior to commencement of construction. (1) The owners, their assigns or successors shall agree to pay all applicable system development charges at the lime that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties tot' which building permits will be required prior to the start of building construction, C) The County, at its option, nnay lease for operation and maintenance the water distribution and/or sewer collection and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, uansmission and treatment facilities. D, The project Developer shall cooperate and coordinate with the Utilities Division and Public Works Department oil the installation of the proposed ou -site Package sewage treatment plant. Tl�lanned tote{'' T''- ��`t`ai{ 11 pufstiftilt ie qje e ..tie1i-ef!e 1' -inc- Ridge Indu4tFi�a� D * re rr, r�� ^Il sevsa •f{f{H3•- ijecr,vrr-1- 1 -co be alts -ra3 at- il�e- C�tirity- n�^.�o;?m'- ��$at- meta -�aci li c regt6fed4e4 d sc�t�strttetion e n t l treatment--, cl�ectic�t } -1� —The water supply and waste +eater treatment faci hies for ibis proiect arc provided by Collier Colutty and no_ten{poi'ary or interim wntcr : reatment facilities re }_e u,�c fired. I. 'I'hc COE{ehlSiOnS of Law Section of Development Order Number 85 -55, as amended, is hereby amended to add a new Paragraph entitled "Housing" to read as follows: 9 HOUSING! To satisfy the project's affordable housing impacts cut{rulative]Nf the applicant's nutigation for commercial and. -- office uses shall be $206,424.00, These funds shall be paid to the Collier County AtrOrdabw Housing Trust Fund at Of }" IIdLJ :I iF e +hq,i n },t;;m;— --,;t is involved, then tile �vaicnts _shalt be >rated on { 50 cent ncr square footage basiswith a portion being collected at the issuance of each building permit. Words arc deleted; words underlined are added. Agenda Item No. 8C January 23, 2007 Page 61 of 159 L. Paragraph 3, of the Future Resolution Section, of the Development Order Number 85 -5, as amended, is amended to react as follows: BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, that: 3. This Development Order's termination date and the project buitdout date shall be the same date which is October 14, 2088 2010. SECTION'I'WO: FINDINGS OF FACT A. That the real property which is the subject of the Substantial Deviation ADA is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statues, C. The applicant submitted Notification of Proposed Change to a Previously Approved Development of Regional Impact (DRI) pursuant to Subsection 380.06(19), Florida Statues. D. The applicant proposes the development of Pine Air Lakes on 148.99 acres of land in Collier County for commercial retail and office uses. E. The proposed changes to the previously approved Development Order are consistent with the report and recotlnnendations of SWFRPC. F. A comprehensive review of the impact generated by the proposed changes to the previously approved development ltn% been conducted by the County's departments and the SWFRPC. G. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION THREE: CONCLUSIONS OF LAW A. The propose([ changes to the previously approved Development Order do constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. Tile proj)OSCd changes to the previously approved development are consistent with the Collier County Growth Management Plan and Collier County Land Development Code adopted pursuant thereto, 9 Words are deleted; words underlined are added. Agenda Item No. 8C January 23', 2007 Page 62 of 159 E. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. SECTION TOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85 -5 shalt remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order Number shall be transmitted itmnediately upon execution to the Department of Community Affairs, Bureau of Land and Water Mauagernent, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution is recorded in the minutes of this Board. THIS RI✓SOLUTION ADOI'TLD this day of 2007, after a motion, second, and majority vole. ATFES : BOARD OF COUNTY C01%11\4ISS1OitiERS DWIGHT F. BROCK, CLERK COLLIER COUNTY, FLORIDA B y'. , Deputy Clerk Approved as to forte and legal sufficiency: Maljor^A 114. SLLI&nt- Stirling Assistant County Attorney 10 Words are deleted; words underlined are added. , Chairman COLLIER COUNTY GOVERNMENT DEPT. OF ZONING $ LAND DEVELOPMENT REVIEW �- W'WW.COLLIERGOV.NET A 2800 NORTH HORSES✓0' No. 8C NAPLES, FLORIDA 34104 3, Page 6 3 of f 159 (239) 403 -2400 FAX (239) 643 -6968 �x :. -. -.; +•x h r�..�P:�. ��.� ae,:. AYR r �N 4 t �� aa t: -7. _ PETITION NO (AR) DOA- 2005 -AR -8543 PROJECT NAME pROJECT #19990038 PROJECT NUMBER, DATE: 11/1/05 DATE PROCESSED I MICHAEL BOSI ASSIGNED PLANNER Above to be completed by staff APPLICANT(S) AIkPORT ROAD LIMITED PARTNERSHIP ADDRESS 800 cr GATE DR., #302 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 2 _,_:_': 261 -2995 CELL # FAX # 239 -261 -4278 E -MAIL ADDRESS. Is the applicant the owner of the subject property? ® Yes ❑ No ❑ (a) If applicant is a land trust, so indicate and name beneficiaries below. ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ (c) if applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ® (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. ❑ (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Daniel Aronoff is President of Airport Road, Inc A general partner of Airport Road Limited Partnership - —__ See attached Exhibit detailing property ownership (if space is inadequate, attach on separate page.) A.aenca Iter n No. 80 January 23. 2007 AGENT INFORMATl ©N NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN & JOHNSON ADDRESS 4001 TAMIAMI TRAIL N SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239- 435 -3535 CELL # E -MAIL ADDRESS: RYOVANOVICHL7a GCJLAW COM AX # 239 -435 -1218 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PROPERTY' :INF01tMATION PUD ORDINANCE NAME Pine Air Lakes PUD NUMBER: Ord #94 -25 Detailed Iepal description of the property covered by 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. See exhibit NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 11 I 495 /—__25E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 66760001723 6676000274, 66760000368 66760011027 66760011302 66760010345 66760010303 66760002120 66760001820 66760002065 Metes & Bounds Description: See attached Size of property ft. X ft. = Total Sq. Ft. Acres 148.99 Address /general location of subject property: West and contiguous to Airport Road. parallel to and Uprox 1.600 feet north of Pine Ridge Road: approx. 1,300 feet west. the boundary Jogs south then west again a prox. 1.300 feet parallel to Pine Ridge Rd. 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: Subdivisi Plat Book Page #: Property I.D.# Metes & Bounds Description: Page 65 c 159 TYPE OF AMENDMENT: •.••� A. PUD Document Language Amendment ® B. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? ® Yes ❑ No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? ® Yes ❑ No IF SO, IN WHOSE NAME? Airport Road Limited Partnership PETITION #: DOA2004- ARS317 DATE: 9/28/04 HAS ANY PORTION OF THE PUD BEEN ® SOLD and /or ® DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND /OR DEVELOPED? ❑ Yes ® No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately Agenda Item No. 8C January 23, 2007 Page 66 of 159 EXHIBIT A PROPERTY OWNERS Airport Road Limited Partnership Sembler /Gaeta Naples Partnership #1, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District EXHIBIT B A parcel or trac.t.of land lying in Section 11, Township 49 South, Range 25 East, Collier County, Florida, being described as follows: Commencingg at the Northeast' corner of said Section 11, run S 0002V 47" W along the East line of said Section ll a distance of 1318.86 feet; thence S 88047'13' W 100.04 feet to the POINT OF BEGINNIRG and the westerly right -of -way line. of County Road Ro.31; thence continue S 88047'13" u 2654.06 feet; thence S 01005'27" E 1316.71 feet; thence S 01005118 E 1316.78 feet; thence N 88051'31" E 1341.42 feet; thence N 00018'58" W 329.45 feet; thence N 88050'57" E 1245.82-feet to the Westerly right -of -way line of County Road H0.31;, thence N 00027'18" E along said right -of -way line 989.28 feet; thence N 00027'40" E along said right -of -way line 1318.80 feet to the POINT OF BEGINNING: Said parcel or tract containing - 148.99 .acres, more or less. Subject to easements, restrictions and reservations of. record. Bearings based on a bearing of N 00027'47" E on the East line of the NE% of Section 11, Township 49 South, Range 25 East, Collier County, Florida. This description meets the Minimum Technical Standards . as set forth by the Florida Board of Land Surveyors. pursuant to Chapter 472.027, Florida Statutes. E Agenda Item No. 3C January 23, 2007 We /I, Daniel J. Aronoff being first duly sworn, depose and say that we /1 am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. 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 We /I furt�l er thorize _Richard Yovanovich of Goodlette, Coleman and Johnson toact a our /my representative in any matters regarding this Petition. X 0 Signature of Propertylg"wner Airport Road Limited Partnership By: Airport Road, Inc. Its: General Partner By: Daniel J. Aronoff Its: President Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner "The foregoing instrument was acknowledged before me this _� � day Cinuary 2s 2007 September, 2005, by Daniel J Aronoff who is personally known tome or has ge 69 of 159 produced ____________ - ____________as identification. (,-t LC,k,c,*o State of Florida County of - C-arttft--r O'k V- .A- 0-3) a_ (Signature of Notary Public - State of Fferrcba) (Print, Type, or Stamp Commissioned Name of Notary Public) Kristine A. MacDonald Notary Public Oakland County My Commission Expires on 10/132011 t .- Divicsion.ofCorporations January 23 20G7 age r 7r, of 1 ug Florida Limited Partnership AIRPORT ROAD LIMITED PARTNERSHIP PRINCIPAL ADDRESS 800 SEAGATE DR. SUITE 302 NAPLES FL 34103 Changed 03/28/2003 MAILING ADDRESS P.O. BOX 893 BLOOMFIELD HILLS MI 48303 -0893 Changed 04/27/1998 Document Number FEI Number Date Filed A96000001303 593392731 07/08/1996 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date REINSTATEMENT 04/27/1998 NONE Actual Contribution 100.00 Registered Apent Name & Address ARONOFF, JANET Y 800 SEAGATE DR_ SUITE 302 NAPLES FL 34103 Name Changed: 04/27/1998 Address Changed: 03/29,12003 General Partner Detail Name &. Address ocum http: / /ccfcorp.dos. state. fl. us / scripts /cordet.exe ?al= DETFIL &n1= A96000001303 &n2= NAI\'i... 9/2/2005 Dlv1&0 0f- Corporations g.2 f ,agenda em o. .., . January 23, 2007 Page 71 of 159 Number AIRPORT ROAD, INC. 800 SEAGATE DR P96000057691 NAPLES FL 34103 Annual Renorts �P6 r ian i;5i m�L[s View Events No Name History Information Document Images Listed below are the images available for this filing. 04/30/2005 - ANN REMINMORM BUS REP 04/30/2004 - ANN REP/UNIFORM BUS REP 03/28/2003 - ANN REP/UNIFORM BUS REP 04/04 12002 -- COR - ANN REP/UNIFORM BUS REP 05/01 /2001 -- ANN REP/UNMORM BUS REP 04/19/2000 -- ANN REP/UNIFORM BUS REP 12/15/1998 - ANNUAL REPORT 04/27/1998 -- REINSTATEMENT 1111/ -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: /lccfcorp. dos. state. fl. uslscripts /cordet.exe ?a1= DETFIL &n1= A96000001303 &n2= NAM... 9/2/2005 port Year Filed Date 2003 F 03/2812003 2004 04/3012004 2005 04130/2005 �P6 r ian i;5i m�L[s View Events No Name History Information Document Images Listed below are the images available for this filing. 04/30/2005 - ANN REMINMORM BUS REP 04/30/2004 - ANN REP/UNIFORM BUS REP 03/28/2003 - ANN REP/UNIFORM BUS REP 04/04 12002 -- COR - ANN REP/UNIFORM BUS REP 05/01 /2001 -- ANN REP/UNMORM BUS REP 04/19/2000 -- ANN REP/UNIFORM BUS REP 12/15/1998 - ANNUAL REPORT 04/27/1998 -- REINSTATEMENT 1111/ -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: /lccfcorp. dos. state. fl. uslscripts /cordet.exe ?a1= DETFIL &n1= A96000001303 &n2= NAM... 9/2/2005 IVison'ofCorporations January 23. 2007 Page 72 of 150 Florida Profit AIRPORT ROAD, INC. PRINCIPAL ADDRESS 800 SEAGATE DR STE 302 NAPLES FL 34103 Changed 03/27/2003 MAILING ADDRESS P.O. BOX 893 BLOOMFIED HILLS MI 48303 -0893 Document Number FEI Number Date Filed P96000057691 593392731 07/08/1996 State Status Effective Date FL ACTIVE NONE Rep-istered Agent Name & Address ARONOFF, JANET 800 SEAGATE DR STE 302 NAPLES FL 34103 Name Changed: 04123!1998 Address Changed. 03/27/2003 Officer/Director Detail Name & Address Title ARONOFF, DANIEL J 38500 WOODWARD AVENUE SUITE 310 P BLOOMFIELD HILLS MI 48304 Annual Reports U++—.IJ f rlr u cfntP fl „� /cnrintc /r.ncriet exe ?a1= i)F,TFIL &n1= P96000057691 &n2 NAM... 912/2005 f corporations migio 0 No Events No Name History Information Document Images Listed below are the images available for this filing. 04/22/2005 -- ANN REP/UNIFORM BUS REP 05/03/2004 — ANN REP/UNIFORM BUS REP 03/27/2003 — ANN REP/UWORM BUS REP 04/10/2002 — COR - ANN REP/UNIFORM BUS REP 0511412001 ANN REP/UNIFORM BUS REP 04/25/2000 ANN REP/UNIFORM BUS REP 04/2211999 ANNUAL REPORT 04/23/1998 — ANNUAL REPORT f07/17/1997 -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT A—, nrriP.t exe,?Al =T)ETF1L&n1=P96000057691&n2=NAM... 9/2/2005 At0i January 23, 2007 Page 73 of 159 Report Year Filed Date 2003 _JF 03/2W2003 2004 11 . 05/0312004 2005 71 MIT) rinn No Events No Name History Information Document Images Listed below are the images available for this filing. 04/22/2005 -- ANN REP/UNIFORM BUS REP 05/03/2004 — ANN REP/UNIFORM BUS REP 03/27/2003 — ANN REP/UWORM BUS REP 04/10/2002 — COR - ANN REP/UNIFORM BUS REP 0511412001 ANN REP/UNIFORM BUS REP 04/25/2000 ANN REP/UNIFORM BUS REP 04/2211999 ANNUAL REPORT 04/23/1998 — ANNUAL REPORT f07/17/1997 -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT A—, nrriP.t exe,?Al =T)ETF1L&n1=P96000057691&n2=NAM... 9/2/2005 Agenda Iiem No. SC '�3. 2D1g gage 'c of 159 QUESTIONS 2.3 — APPLICANT INFORMATION 2. Owner /Developer (name, address, phone). State whether or not the owner or developer is authorized to do business in the State of Florida pursuant to the provisions of Chapter 407,F.S. Airport Road Limited Partnership, a Florida Limited Partnership, by Airport Road, Inc., its general partner Jason Wagner, Vice President 800 Seagate Drive, #302 Naples, FL 34103 Phone — 239 -261 -2995 Fax — 239 -261 -4278 Developer is authorized to do business in the State of Florida. Please see Corporation documents as Exhibit A. 3. Authorized Agent and Consultants (name, address, phone). Agent: PMS, Inc. of Naples Karen Bishop, President 2335 Ta niami Trail North, Suite 408 Naples, FL 34103 Phone — 239 -435 -9080 ext 3 Fax — 435 -9082 E -mail: karenbishop @pmsnaples.com Consultants: Pavese Law Firm Neale Montgomery 1833 Hendry Street Fort Myers, FL 33902 Phone — 941- 334 -2195 Fax — 941 -332 -2243 Goodlette Coleman and Johnson Law Firm Richard Yovanovich 4001 Tamiami Trail N., Suite 300 Naples, FL 34109 Phone — 239- 435 -3535 Fax — 239 - 435 -1218 I j DOA- 2005 -AR -8,543 nnnnZ8 pRojE T 41q DATE: 11/1/()5 MICHAEL BOSI No., &C January 23.. 2007 i Page 75 of 159 Johnson Engineering David Willems, F.E. 2158 Johnson Street Fort Myers, FL 33902 Phone = 239 -334 -0046 Fax — 239 - 334 -3661 Metro Transportation Group, Inc. Ted Treesh 12651 McGregor Blvd. Suite 4 -403 Ft. Myers, Fl 33919 Phone — 239 - 278 -3090 Fax - 239 - 278 -1906 Fishkind & Associates Russ Weyer 1415 Panther Lane, Suite 248 Naples, FL 34109 Phone — 239 - 254 -8585 Fax — 239 -591 -6601 Daniel Trescott DR[ Coordinator SWRPC 1926 Victoria Avenue Ft. Myers, Fla. 33901 2 rl"4ehda Itern No. 8C , uanuary 017 Page 76 of 159 QUESTIONS 4 -7 — DEVELOPMENT INFORMATION 4. Attach a notarized authorization from all persons or corporations (or authorized agents of said persons or corporations) having fee simple or lessor estate in the site indicating that each of these parties is aware of, and concurs with, the development of this property as described in this Application for Development Approval. Include the names and addresses of all parties with an interest in the property. In addition, include descriptions of an other properties within one -half mile radius of the DRI site in which any of the parties with an interest in the DRI site hold a fee simple or lessor interest. Please find copies of the notarized authorization forms attached as Exhibit B. The following list is the parties with an interest in the property that may or may not be developed: Airport Road Limited Partnership Sembler /Gaeta Naples Partnership #l, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District 5. Attach a legal description of the development site: - Include section, tovcroship: and -- - range. Please find the legal description attached as Exhibit C. 6. Have you requested a binding letter of interpretation of DRI status or vested rights, clearance letter, agreement or preliminary development agreement from the Department of Community Affairs? If so, what is the current status of this determination? No 7. List all local governments with jurisdiction over the proposed development. Collier County 3 Aqg nun (ten hit;. 8C'.. . January-23,2007 Page 77 of 159 QUESTION 8 — PERMIT INFORMATION 8. List all agencies (local, state and federal) from which approval and /or a permit must be obtained prior to initiation of development. Indicate the permit or approval for each agency and its status. Indicate whether the development is registered or whether registration will be required with the Division of Florida Land Sales, Condominiums and Mobile Homes under Chapter,478, Florida Statutes. Indicate whether the development will be registered with the H.U.D., Division of Interstate Land Sales Registration or with other states. Not Applicable. . PART II. GENERAL SECTION QUESTION 9 - MAPS The following maps must be provided as a part of the ADA. The appropriate scale for each map should be determined at the preapplication conference. . Map A. A general location map. Indicate the location of any urban service area boundaries and regional activity centers in relation to the project site. Map B. A recent vertical aerial photo of the site showing project boundaries which reasonably reflects current conditions. Specify the date the photo was taken. Map C. A topographic map with project boundaries identified (contour intervals from one to. five feet should be determined in- consultation - with- the- appr -opr- iate- regional-planning.T -_. council and other reviewing agencies at the preappli cation conference).- D- elin'at e- _- _:__;;_ 100 -year flood prone areas (including hurricane - flood - zones ),- and - indicate- major- 4and -. -- - - -- surface features. If applicable, delineate the coastal construction control line. Map D. A land use map showing existing and approved uses on and abutting the site. The'uses shown should include existing on -site land uses, recreational areas, utility and drainage easements, wells, right -of -way, and historic, archaeological, scientific and architecturally significant resources and lands held for conservation purposes. Map E. A soils map of the site. Not Applicable Map F. A vegetation associations map. Not Applicable Map G. A location map of all transects, trap grids, or other sampling stations used to determine the on -site status of significant wildlife and plant resources. Show location of all 4 k4enaa'ftem P <o. BC Ja;7uary 23, 2007 Page 78 of 159 4 observed significant wildlife and plant resources, and show location of suitable habitat for all significant resources expected to be on -site. Not Applicable Map H. A master development plan for the site. Indicate proposed land uses and locations', development phasing, major public facilities, utilities, preservation areas, easements, right -of -way, roads, and other significant elements such as transit stops, pedestrian ways, etc. This plan will provide the basis for discussion in Question 10 -A as well as other questions in the ADA. Map I. A master drainage plan for the site. Delineate existing and proposed: drainage basins, flow direction, water retention areas, drainage structures, flow route offsite, drainage easements, waterways,. and other major drainage features. (This information maybe presented on two separate maps (existing and proposed), if desired.) Map J. A map of the existing highway and transportation network within the study area. The study area includes the site, and locations of all transportation facilities,which are substantially impacted. This area should be finally defined on the basis of -the findings of the traffic impact analysis, including determinations of where the criteria for a substantial im act are met Map J will become the base for the maps requested in. p Question 21. traffic This map is located in the analysis done by Afetro Transportation dated 6123,105. Part 1 Specific Project Description A. Describe and discuss in general -terms all major elements of the proposed development in its completed form. Include in this discussion the proposed phases (or stages) of development (not to exceed five years), magnitude in the appropriate units from Chapter 28724, F.A.G., where applicable, and expected beginning and completion dates for construction. Pine Air Lakes DRI is an existing Mixed -Use Commercial/Retail project-that lies within Collier County. Regional Activity Center No. 13, northwest of the Airport Road I Pine Ridge.Road intersection,. and was originally approved in 1985 for 1,280,600 square feet. "A revision the -DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14,.2005 was approved. As of March 31, 2005, 372,476 square feet of office and commercial uses are completed. An additional 202,225 square feet are either permitted or under construction for a total of 574,701 square feet in various stages of development. All of the required water management system is permitted through the SFWMD with approximately 80% of "the total water management system. either- completed -or under construction and scheduled for completion in late 2005. The. backbone. drainage system is completed as well as the roadways and - areturned -over to Collier County. Since approximately %z of the project is already either constructed or in the permitting stage. a build -out of five years is not unrealistic. B. Provide a breakdown of the existing and proposed land uses on the site for each phase of development through completion of the project. The developed land uses should be those identified in Section 380.065 1, F.S. and Chapter 28 -24, F.A.C. Use Level III of the Florida Land Use. and Cover Classification System: A Technical Report (September 19$5); avaitalile fronheg�aai plaiimng council. Refer to Maps D (Existing Land - Use) - and I I {Master -Plan) :Use the - format l elo—w -and-Ar -_eat ____ each land use category as mutually exclusive unless otherwise agreed to,at the- preapplication conference. C. Briefly describe previous and existing activities on site. Identify and constraints or special planning considerations that these previous activities have with respect to the proposed development. This site is an existing Mixed Use Commercial /Retail site. We intend to continue to develop the site in this manner and have no special planning considerations. D. If the development is proposed to contain a shopping center, describe the primary and secondary trade area which the proposed shopping center will serve. The Primary Trade Area will be the area generally bounded by Golden Gate Parkway to the South, Vanderbilt Beach Road to the North, I -75 to the East and Goodlette -Frank Road to the West. 0 Agenda Item No. 8C ` January 231, 2007 Page 80 of 159 The Secondary Trade Area will be the area generally bounded by US -41 to the South, Collier Boulevard (CR -951) to the East, Immokalee Road to the North and US -41 to the West. Please note that this is a mixed use project with free standing buildings that range from mid -size to large -size formatted retail providers which is not classified as a shopping center. E. Describe, in general terms, how the demand for this project was determined. The demand for the project has been market driven. The initial phases of the development have . been well received by large national and regional tenants that purchased properties and constructed stores such as Lowes, Costoo, Regal Hollywood 20 Movie Theatres and Best Buy. Recent development has been more local "infill" development that is seeking .locations in close proximity to the established retailers. This is evidenced. by the Naples Boulevard-Car Wash, smaller neighborhood -type conventional shopping centers (2 currently in permitting), :the TIB - Bank of the Keys building (in permitting) and the Wild Oats anchored shopping center currently under construction. Part 2 Consistency with Comprehensive Plans A._ Demonstrate how the proposed project is consistent with the local comprehensive plan and :land development regulations.. Indicate whether the proposed - project will require an amendment to the adopted local comprehensive plan, including the capital improvements:element: If so,- please describe the necessary changes. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations.. This project is located in Activity Center No. 13 where uses are suggested _ to be clustered. The property is located near _arterials- and :provides- relief- tathel��rth-Airp. Dr# _R-_R Since it is an approved-PU.Dsit-pr -0uides- consistency -with the.. -LD.0 -The reuisioritcL-this-application- will not require an amendment to the adopted local comprehensive plan includin =the capital improvements element. B. Describe how the proposed development will meet goals and policies contained. in the appropriate Regional Comprehensive Policy Plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit. Development designation, this project meets goals and policies contained in the Regional Comprehensive Policy Plan. The revision to this application will continue to meet the goals and policies in conjunction with growth and the issues of access. This area is well suited for development since it is affluent in water, wastewater, recreational and other facilities for the existing population and the expected growth. This project provides adequate infrastructure to support the development of an area that is within a major public transportation corridor. Clean drinking water, along with treated wastewater and stormwater, is essential for expanding the economy and maintaining quality of life are provided by this site. To make flood - protection efforts compatible with environmental protection, drainage is accomplished through streets, parking lots, storm sewers and on -site detention/retention systems that do not harm the ecology of protected natural areas. Stormwater quantity and quality 7 Ac, a Iter7 No, 8C 'at uary 2007 Page 81 of 159 level of service standards are consistent w W ith those recommended by the SFMD through our pen-nit. The site also maintains the character of the area by encouraging compatibility of adjacent land uses. Naples Boulevard provides the safe transfer of people and goods efficiently which, in turn, promotes economic strength whether through sales or employment. This part of Collier County has changed dramatically since the DRI was approved. The property is located in an activity center in the comprehensive plan. This is an area where the county expects, and has provided for intense commercial uses. To the north of this site is an industrial/business park, to the south and east are intense commercial uses. This commercial site functions better than much of the commercial located along Pine Ridge Road because the access points are appropriately located and function well, and because the center was designed in a manner that permits internal trip movements.without the need to traverse public roads, other than the public road provided by the center. Much of the commercial along.Pine Ridge is strip commercial that is poorly designed -and doesn't function well. This area functions as a destination ,as one would anticipate-in an activity center. Much of north Collier County has developed in exclusive gated communities that are strictly residential, and which do not provide any interconnections. This center provides much needed interconnection, and meets the commercial needs of the residents in the nearby residential communities. C. _ . Describe how the proposed development will meet goals and policies contained in the State Comprehensive -Flan (Chapter 187, F.S.), including, but not - limited to, the goals addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, and agriculture. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S.) The revision to this application will continue to meet the goals and policies. This project accommodates- growth in.an enwrormentally-accept bl "' e —.T: livability and character is enhanced through- the:-encouragement of an - attractive- and.functional:mix working, shopping and entertainment. The transportation system provides citizens: and visitors with timely and efficient access to services, jobs, markets and recreation. This area is also compatible with existing local water supplies and stormwater quantity and quality level of service standards are consistent with those recommended by the SFWMD through our permit. E:3 A. Complete the following Demographic and Employment tables. Future Phase 2006 -2009 0 1 0 1 2.78 2.78 0 0.336 1 0.336 1 0 1 0.60 0 TOTAL D 1 0 1 2.78 2.78 0 0.336 1 0.336 1 0 1 0.60 0 (1) 2004 Florida Population Studies: No. of Households and Average Household Size in Florida: April 1, 2004, Bureau of Economic and Business Research, University of Florida U.S. Census Data, Census 2000 used to adjust total population for seasonality (2) Provided by Florida DOE 2004 Public Schools Membership and 2004 BEBR Collier County PPH (3) 2004 Florida Population Studies, Population by Age, Bureau of Economic and Business Research, University of Florida Fishkind & Associates, Inc. has estimated the expected employment from the Pine Air Lakes DRI. We have further distributed this employment based on expected salary ranges and the historic ES -202 wage and employment data for Collier County. Below, Table 10.3.2, Total Employment at Pine Air Lakes DRI shows the expected employment for the Pine Air Lakes DRI, Table 10.3.3, Average Income Collier County shows the average wage based on 2003 ES -202 data. Table 10.3.4a, Expected Employment by Income Group: Pine Air Lakes DRI shows the Fishkind & Associates, Inc. estimate of employment by income group in the future phase. Table 10.3.5, Expected Employment by Job Type: Pine Air Lakes DRI shows the Fishkind & Associates, Inc. estimate of employment by job type for the future phase. Table 10.3.2. Total Employment at Pine Air Lakes DRI P! ew''�".°',k "l 7r F >•^ �,y � ,,t di:�'!�%liErni°.u'.a�eYa r. TOTAL - Table 10.3.3. Average Income Collier County General Project Description 9 Commercial by NAICS Code: $21,863 Office by NAICS Code: $56,768 General Project Description 9 _ - �Agcrtaa Item No: 8� January 23;2007 Page 83 of 159 Tables 10.3.4a. Expected Employment by Income Group: Pine Air Lakes DRI - Future Phase $8,500 $14,149 $11,325 153 2 $14,150 $16,649 $15,400 44 0 $16,650 $19,149 $17,900 47 0 $19,150 $21,649 $20,400 49 0 $21,650 $24,149 $22,900 49 0 $24,150 $26,649 $25,400 47 0 $26,650 $29,149 $27,900 44 1 $29,150 $31,649 $30,400 40 1 $31,650 $38,139 $34,895 80 6 $38,140 $40,639 $39,390 21 4 $40,640 $43,139 $41,890 16 5 $43,140 $45,639 $44,390 12 6 $45,640 $48,139 $46,890 9 8 $48,140 $50,639 $49,390 6 9 $50,640 $58,460 $54,550 9 31 $58,461 $60,960 $59,711 1 10 $60,961 $63,460 $62,211 1 9 $63,461 $65,960 $64,711 0 8 $65,961 $68,460 $67,211 0 7 $68,461 $70,960 $69,711 0 6 $70,961 $73.460 $72,211 0 5 $73,461 $75,960 $74,711 0 4 Greater than $75,960 0 8 Total 628 130 General Project Description 10 General Project Description 1 1 Under 10.00 $10,000- $15,000- $20,000- $25,000- $30.000- $35,000- Over 0 000 Total $14,999 1 99 $24,999 $29,999 $24_999 39 999 Future Phase Non-Construction Retail 0 153 91 98 91 120 21 54 628 Office 0 2 0 0 1 7 4 116 130 Construction Residential 0 0 0 0 0 0 0 0 0 Non - residential 0 1 3 4 6 7 15 4 39 78 General Project Description 1 1 Part 4 Impact Summary 12 Agenda Jt em No. 8 January 23, 2007 Page 85 of 159 gen�a''lxem.hto. 8C January 23, 2007 Page 86 of 159 QUESTION 11 - REVENUE GENERATION SUMMARY A. Project the funds anticipated to be generated by the project. This projection should include any source or use of funds which could have any reasonable connection to the proposed development. 1. Make the following projections by year, including the first and last year in which any construction and/or development takes place: (a) Yearly ad Valorem tax receipts (b) Yearly impact fees collected (c) Yearly sales tax received by local government (d) Yearly gasoline tax received by local government (e) Yearly projections of any other funds by any other sources generated as a result of development of the proposed project within the region Pine Air Lakes DRI will generate significant ongoing. revenue benefits to Collier County. The major operating revenues generated by the DRI by year are provided in the attached Summary Table and include ad Valorem, sales taxes, utility taxes, service fees and other major revenues. These annual operating revenues are estimated to reach $2.0+ million per year at build out estimated to be 2010. (Summary Table) (a) Pine Air Lakes DRI is forecasted to generate $3.0- million in total ad Valorem revenue each year for Collier County at build out (Summary Table). (a) Based on current millage rates, the Collier County School Board is projected to receive ad Valorem revenues of $2.9 million each year at build out. (Summary Table). (a) Based on current millage rates, Collier County BOCC is expected to receive $2.7- million from ad Valorem revenues each year at build out. (Summary Table). (b) Pine Air Lakes DR] is forecasted to generate $8.4- million in impact fees for Collier County. (Summary Table). (c) Pine Air Lakes DRI is forecasted to generate $1.1- million+ in '/2 cent sales tax revenue for the County each year at build out (Summary Table). - (d) Pine Air Lakes DRI is forecasted to generate nearly $180,000 in local option gas tax revenues to the County each year at build out (Summary Table). 13 Agenda IZ °n "f N3. 8C January 23; 2007 Page 87 of 159 (e) Pine Air Lakes DRI is forecasted to generate $15,000 in franchise and utility fees for the County each year at build out (Summary Table). (e) Pine Air Lakes DRI is forecasted to generate $15,000 in occupational licenses and building permit fees for the County each year at build out (Summary Table). (e) Pine Air Lakes DRI is forecasted to generate $17,400 in federal and state grants each year at build out (Summary Table). (e) Based on the RIMS 11 (Regional Industrial Multiplier System) utilized in the Fishkind Fiscal Impact Analysis Model (FIAM), the direct and indirect economic impacts of the Project show that it is forecasted to produce 1,849 jobs at build out. Direct and indirect total output or sales within the area is expected to average $137 - million each year at build out. Direct and indirect employee eamings are forecasted to average $50.7 - million each year at build out. B. List all assumptions used to derive the above projections and estimates, show the methodologies used and describe the generally accepted accounting principles used in all assumptions, estimates and projections. The assumptions and supporting data used in the revenue generation calculations for Collier County are provided in the Summary Table. Property taxes were calculated using 85 percent of the sales price, less the Homestead exemption (for 90% of single family households and 70% of multifamily), and multiplied by the appropriate Millage rate. Franchise fees, utility taxes, charges for services, fines and forfeitures and all other revenues were calculated using a per capita methodology. This methodology arrives at a per capita amount for each revenue item in the County Budget. These per capita averages are then applied to the projected new population. The additional assumptions used to calculate the school ad Valorem revenue are provided in the Summary Table. The assumptions used for the RIMS II (Regional Industrial Multiplier System) calculations are provided as follows: Construction Multipliers Output Jobs Earnings % Local Residential 1.48 29.2 0.6137 70.00% General Office 1.48 29.2 0.6137 60.00% Retail-Shopping Center i 1.48 29.2 0.6137 50.00% Restaurant 1.48 29.2 0.6137 60.00% 14 Aaend.a #ten Pilo. 8C v January 23, 2007 Page 88 of 159 RIMS II Multipliers output Jobs Earnings Jobs/ Jobs X Office (Professional and Medical ) 2.25 36 0.85 0.00002 7 2.2 Retail / Movie Theater 1.55 28 0.35 0.00002 1 1.3 Construction 1.9549 29.3 0.61 0.00002 2 1 2.0003 15 PART III. ENVIORNMENTAL RESOURCES IMPACTS QUESTION 12 —VEGETATION AND WILDLIFE Not applicable. No rare or endangered plants or animals inhabit this site. QUESTION 13 — WETLANDS Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. QUESTION 14 — WATER QUESTION 15 - SOILS QUESTION 16 - FLOODPLAINS QUESTION 17 -WATER SUPPLY , QUESTION 18 - WASTEWATER MANAGEMENT QUESTION 14 - STORMWATER MANAGEMENT Jan,-ary 23, 2007 Page 89 of € 59 For questions 19A -19E, A SFWMD (# 900326 -6) was obtained in 1990 and is currently being modified. QUESTION 20 - SOLID WASTE /HAZARDOUS WASTE /MEDICAL WASTE Not applicable. Will adhear to standard conditions. 9 I 10 Agenda 'f Ka. No_ 3C January 23, 2007 Page 90 of 159 PART IV. TRANSPORTATION RESOURCE IMPACTS QUESTION 21 - TRANSPORTATION For questions 21A -211, please refer to the "Substantial Deviation Analysis for a Development of Regional Impact" prepared by Metro Transportation Group, Inc. QUESTION 22 - AIR Not applicable. QUESTION 23 - HURRICANE PREPAREDNESS Not applicable. 17 n Item No.'Sr �!anuary 23, 29197 Page 91 of 159 PART V. HUMAN RESOURCE IMPACTS QUESTION 24 — HOUSING Al If the proposed development contains residential development, provide the following information on Table 1 for each phase of the development. Table 24.A.1 Number of Dwelling Units in the Development tis -` <; -i"'• :r':`s -.. r., dui .•.,.,. •.;t. « - ��u•�: ="^ �a:' 1",u: += 3i "ww Single (3 ) 0% - 0 Units W, uT IN,s, -I' Occupied D.U.s (SF Range $Ok - $Ok MF Range $Ok - $Ok ) 1 0 0 0 Source: rishkind and Associates, Inc. A2 What number and percent of lots will be sold without constructed dwelling units? What is the extent of improvements to be made on these prior to sale? No residential units are to be constructed as part of this development. A3 What will be the target market for the residential development (break down by number, percent and type, the number of dwelling units to be marketed for retirees, family, etc.) What portion will be marketed as a second or vacation homes? No residential units are to be constructed as part of this development. Table 24.A.2 Marketing Targets Jowce: I'tshVincl and Associates, Inc. (1) "Empty nesters" are typically full -time working individuals whose children are no longer living with them. "Retirees" are typically non - working individuals, and typically do not have children living with them. (2) "Famines" have school- age children, and typically work full -time. (3) "Singles" are unmarried persons 18 Empty Nesters/Retirees 0% - 0 Units Families cz 0% - 0 Units Single (3 ) 0% - 0 Units Jowce: I'tshVincl and Associates, Inc. (1) "Empty nesters" are typically full -time working individuals whose children are no longer living with them. "Retirees" are typically non - working individuals, and typically do not have children living with them. (2) "Famines" have school- age children, and typically work full -time. (3) "Singles" are unmarried persons 18 January 23, 2007. . Page 92 of 159 B1 Indicate and discuss the availability or projected availability of adequate housing and employment opportunities reasonably accessible to the development site. Housing opportunities should be described in terms of type, tenure, and cost range and location within the following circumscribed areas: adjacent, two miles, five miles, ten miles, and within the local jurisdiction or county. Employment opportunities should be described in terms of two digit NAICS code numbers located within the local jurisdiction with estimated distances or transit times to the development site. Table 24.B.1a provides a summary of the anticipated employment opportunities at the Pine Air Lakes DRI. Development of the DRI prior to the modification includes a total of approximately 790 employees associated with the 624,614 square feet of — - -retaif- space- and-2-9 -,48 -9 ezee a ice Brace ?t by cotnnnletion of the future phase of the Pine Air Lakes DRI, there will be an estimated 758 jobs associated with the retail and office space constructed as part of the phase. Table 24.B.1a Pine Air Lakes DRI Employment N-1 .q^Y^^ !yam. {�T •G'j.! i '+'. 44- 45,722, 7221 -7223 Retail (sq ft ) S . Ft. Jobs S . Ft. Jobs Permitted & Constructed 624,614 751 29,489 39 Future Phase 2006 -2009 375,386 628 45,511 130 TOTALS 1,000,000 1,379 75,000 169 Source: Hshkmd and Associates, Inc. Fishkind and Associates, Inc. evaluated the approved and existing DRIs to determine employment and impacts to the affordable housing supply during the buildout of the Pine Air Lakes DRI project. The employment associated with the DRIs is broken out by each phase of the Pine Air Lakes DM project and is located in Table 24.13. lb. Table 24.B.1b Existing DRI Employment Source: Fishkind and Associates, Inc. 19 .q^Y^^ !yam. {�T •G'j.! i '+'. 44- 45,722, 7221 -7223 Retail (sq ft ) 654,093 1,094 52- 55, 511, 5312, 621 Office (sq ft ) 580,686 1,936 22, 31 -33, 48 -49 Industrial (sq ft 240,000 300 622,623 Hospital beds 0 0 7211 Hotel (rooms) 541 487 Total 1,475,320 3,817 Source: Fishkind and Associates, Inc. 19 n a Item Na. 8 January 23; 2007 Pace 93 of 159 Fishkind and Associates, Inc. evaluates affordable housing demand generated internally by the project itself. If there is a marketwide shortage caused by other DRIs, the calculations will show this because demand from other DRIs is included in the calculations. However, it is only necessary that the project meet its responsibility for demand created by the project, so in calculating the project need or responsibility, the market wide shortage is "zeroed out" leaving only demand by the project when there is no other market supply available. If, when counting demand from other DRIs, there was excess supply in the market, then demand is netted against the excess supply to reduce the unmet affordable housing needs. Thus the net surplus /shortage is not a simple supply minus demand calculation because of how the demand from existing DRIB is treated. Fishkind and Associates, Inc. evaluated the affordable housing supply within the 10- mile/20- minute drive market of the Pine Air Lakes DRI using data provided by the Collier County Property Appraiser. Fishkind and Associates, Inc. uses the ECFRPC methodology in terms of taking the lesser of the 10- mile /20- minute radius at any one point. As part of the supply analysis, Fishkind and Associates, Inc. also removed units from the available supply that showed a reduction in a sales price from one historic sales price to the most recent sales price. Furthermore, units that were owned by a bank, had less than 400 effective adjusted square feet or did not have an effective adjusted square footage (assumed to be a lot sale) were also removed from the available market supply. Table 24.B.2a provides a summary of for -sale supply and the employee and existing DRI for -sale housing demand generated by the non- residential development completed in each phase of the project. This affordable housing analysis includes only the portion of the development that is planned as part of the modification of the Pine Air Lakes DRI. It is assumed that the affordable housing demand generated from the constructed square footage of the project has been absorbed into the market and that the remaining affordable housing demand from the project will result from the retail and office square footage associated with the modification of the DRI. Table 24.B.2a Pine Air Lakes DRI For -Sale Housing Demand Future Phase �'� rye `0.Vyii• �� `. 04—�.1Det ot_ ��p'� 1 r� 1 IIS /r3 �►� . �, ems_ =� C .u'`�ty Very Low (under $31,650) 1.890 301 86 1,503 Low ($31,650 - $50,639) 5,694 467 100 5,127 Moderate ($50,640 - $75,960) 6,537 524 59 5.982 Source: Fishkind and Associates, Inc (200_). 20 Agenda tom'No. SC January 23; 2007 Page 94 of 159 As shown in Table 24.B.2a, there are estimated to be 1,890 units within the 10- mile/20- minute market which qualify as very -low income households; 5,694 units which qualify as low income households; and 6,537 units which qualify as moderate income households for sale during the 3 -year period of the future phase of the Pine Air Lake DRI. Broken down annually, there are expected to be 640 units within the 10- mile /20- minute market which qualify for very-low income households; 1,898 units which qualify for low income households; and 2,179 moderate income units for sale. Tables 24.B.3a provides a summary of the employee for -rent housing demand generated by Phase 1 of the Pine Air Lakes DRI in the 20- minute market. Table 24.B.3a Pine Air Lakes DRI For -Rent Housing Demand Future Phase �^`.a:SL".�:..0 43f�1f+ �T�'1f �11'��J( (1�1 �.( Y' f 4b-r ';y[ ..ff .:.r iF i '140 141 ll�.nin �f•�.ii.L''f .q^'L,s�'.S� \�5. �d.f4gP SFF', 61j {r '. g I �'N.Y L"... Source: Fishkind and Associates, Ine (2005). As shown in Table 24.B.3a, there are estimated to be 3,018 units within the 20- minute market which qualify as very -low income households; 1,407 units which qualify as low income households; and 459 units which qualify as moderate income households for rent during the 3 -year period of the future phase of the project. Broken down annually, there are expected to be 1,006 units within the 10 -mile market which qualify as very-low income households; 469 units which qualify as low income households; and 153 units which qualify as moderate income units for rent during the future phase. Fishkind & Associates used census 2000 vacancy rates by occupancy status and the distribution of rent asked for vacant rental units in Collier County to estimate the percentage of rental household demand generated by the Pine Air Lakes DRI 20- minute market. According to the 2000 census there were 144,536 total housing units in Collier County, of which 41,563 were vacant rental units. The ECFRPC methodology precludes the use of the first 5% of vacancies. Therefore 1.72% (2,485) of the total housing units in Collier County were assumed to be vacant for -rent. This ratio of vacant for -rent units to total housing units for Collier County is then applied to the total number of housing units in the 20- minute radius to get an estimated number of vacant for -rent units in the 20- minute radius. With 88,041 total housing units in the 20- minute radius, the total number of vacant for -rent units is approximately 2,033. The percentage of Collier County vacant for -rent units at each price point is then calculated and the resulting ratios are applied to the total number of vacant for -rent units in the 20- minute radius to determine the supply of vacant for -rent units at each 21 January 23,' 2007 Page 95 of 159 price point. To remain conservative, partial units are rounded down to the nearest whole unit resulting in 2,024 vacant for -rent units distributed across the range of price points. This figure represents the total number of vacant for -rent units available annually. Therefore, the total number of units per phase at each price point is equal to the total number of vacant for -rent units at a given price point times the number of years in the phase. It is expected that there is an adequate supply of housing to accommodate the for sale and for -rent affordable housing needs in all phases of the project. The complete affordable housing tables and methodology are provided in Appendix 24. B2 Please describe the locations of employment centers where residents of the project are likely to work, given their expected income profiles, ages, family makeup and other pertinent factors. Travel routes, travel times, and commuting costs should be discussed, as well as the possibility of transportation by means other than the private automobile. Employment opportunities should be described in terms of two -digit SIC codes for jobs located within the project, within the local jurisdiction, within adjacent jurisdictions and the County, and within neighboring counties, as appropriate. No residential units are to be constructed as part of this development. C. If displacement or relocation of existing residents will occur due to the proposed development, identify the number of people that will be affected, any special needs of these people, and any provisions for addressing the effects of the relocation or displacement of these people, particularly in regards to their ability to find suitable replacement housing. 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Sc January 23, 2007 Pane 103 of 1 59 Pine Air Lakes DRI Affordability for Very Low, Low, and Moderate Income Households - Phase 1 RENTER - OCCUPIED HOUSING VERY LOW INCOME:$31,650 X (0.3) = $9,495 � 12 = < $791 / Month Number of Bedrooms Utility Allowance Maximun Rent LOW INCOME:$50,639 X (0.3) = $15,192 * 12 = < $1,266 / Month Number of Bedrooms Utility Allowance Maximun Rent Utilities Included Utilities Not Included Efficiency $37 < $791 < $754 1 Bedroom $51 < $791 < $740 2 Bedroom $66 < $791 < $725 3 Bedroom $80 < $791 < $711 4 Bedroom $102 < $791 < $689 LOW INCOME:$50,639 X (0.3) = $15,192 * 12 = < $1,266 / Month Number of Bedrooms Utility Allowance Maximun Rent MODERATE INCOME:$75,960 X (0.3) = $22,788 + 12 = < $1,899 / Month Number of Bedrooms Utility Allowance Maximun Rent Utilities Included Utilities Not Included Efficiency $37 < $1,266 < $1,229 1 Bedroom $51 < $1,266 < $1,215 2 Bedroom $66 < $1,266 < $1,200 3 Bedroom $80 < $1,266 < $1,186 4 Bedroom $102 < $1,266 < $1,164 MODERATE INCOME:$75,960 X (0.3) = $22,788 + 12 = < $1,899 / Month Number of Bedrooms Utility Allowance Maximun Rent 30 Utilities Included Utilities Not Included Efficiency $37 < $1,899 < $1,862 1 Bedroom $51 < $1,899 < $1,848 2 Bedroom $66 < $1,899 < $1,833 3 Bedroom $80 < $1,899 < $1,819 4 Bedroom $102 < $1,899 < $1,797 30 Ur-LD � o Ln C) r N Q cli -I- C O N m C @ Q 0 � Q L i Ln r= t- M 00 Ict 'IY O (O O M CP V O O) O N 0 N h h M 0 0 O M C 'cY SO M h V 'Q' M O N M M 0 M h w O N O N cl LA M Q 0 M N CO (`') O CC 01 7 0 M `C "I M N V 0 O C LC> O Ln N O (O Lo O tD et N (��) V0�Q0 t0O W MnCMO M 000 Mp 0D) Ln OM Oran O O M M h- O/11r Olh V tVM d 69 69 69 69 64 69 69 tH 496H 696949__ONF _M 4r V_h hCD hLA__O OMO N O E 6969 f9 Vf 69696464W 1, EA 496969 fo H6N9H�6N'9 foN9 �6N9 O O m = O C O h 0 O O_ OO MOaD LC) M Lo N L, LC')t. 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LL Q M M n M N m N m r� N ND N O m V CCVV r n N N N r N WIN I m N 7 G r h m � N N O LL C M N N r N •- N N r N N r H r m N r N r N N r r N N r M r r r N O r 0 0 0 r U � W O A n m m m M m m M m n U 9 r 2 E m I°L O m N a �m W � a o_ j m N N m W �a Y LL W J `1 N n N m fp m a�LL Q m m N Q !sg tl`c� J N D x m L O m m M m N m N N m m O 9 � E o � m � NO W L N�a Q z N O M m M A n H A N� N p Mp N� m O tD P N A N V1 N r A b A M N�mm01 v'm �nami NANNN�OMe mA romp �inponn n'1°.10 N m 1l1 r m M M N Q m S A O N M M m M Q P M N N N 0 m 2 s m m N N P W N� n N m N m m N' NIA�1D tD' N n 1n 1n 1D M r r m m m O N m 0 0 0 tp r N O r p .- P m r O r M M N I` N N VI n m IA N n m 0 1W M O C INN r M r M N r N M r (p p N N N � W — O E m op m m L m a XX cn L W d a Np� rt —>`h' OMiNO mn O[m'1 Q1 Omi (Ap �m MtmOMpr a �m Chao' MuNi� O� OM NmlcNitim m G N 4 N r M N r N M n MNN N N m m j S y r O x $ O O mm N 11 U— r m M m N 0 N m m MIN N O N m A N m' T > m fA G~ m r r N M N N m N P N N N r 9 o T O p 0 0 0 0 0 0 0 0 0 0 0 0 0 p p P' m N m N po tp C C V LL W � m �z OLL Q tp m �p yP P N M n m N N 0 � Qmi m Nm � N OI DNi n o m 1A tt N ON CI1 Q m m m h (P'1 Q PAN IM�I (NO r V o m r r m O MNN M O N N Nl � A p Np O N - N M T P M Dt m PpOP M 11'1 m M ti N N H N H y N M N N M M H M M H N H N N J N N r m n r M m P P N M m r N P m M A N N— N M A M m A P O O mm p r M N N r m N m Q Y1 n n y N O r m M P P c�pp M A P P OI O N m O m YA'J O fD Q N m UO Nm mM Pm n Am M m N P tDNP PDi_N Pm �O Q E ye we„i rem ci�5�ci ui o m aM u>a mmnn mNm No off' 1%i'�vul ~�mr°`'roamooloANNO1 2 I 2 N w w� w w N N N �aIN N N M M Pine Air Lakes DRI Rental Units in the Supply Area Occupied Housing Units (Census 2000) Owner Occupied 77,829 53.85% Renter Occupied 25,144 17.40% Vacant Units 41,563 28.76% Vacancy Status (Census 2000) Total Vacant Units 41,563 28.76% Rental Units 2,616 1.72% 34 a enem lfem, "io. January 23, 2007 Page 107 of 139 Agenda.ltem No, 8C• M. January 23, 2007 Page 108 of 159 Pine Air Lakes DRI Rental Unit Estimates by Rent Asked 35 Units Annual Expected (Census 2000) Distribution Rental Units Less than $100 18 0.69% 14 $100 to $149 11 0.42% 8 $150 to $199 18 0.69% 14 $200 to $249 21 0.81% 16 $250 to $299 44 1.69% 34 $300 to $349 18 0.69% 14 $350 to $399 35 1.35% 27 $400 to $449 93 3.58% 72 $450 to $499 111 4.27% 86 $500 to $549 164 6.31% 128 $550 to $599 132 5.08% 103 $600 to $649 152 5.85% 118 $650 to $699 104 4.00% 81 $700 to $749 235 9.04% 183 $750 to $799 202 7.77% 157 $800 to $899 187 7.19% 146 $900 to $999 114 4.38% 89 $1,000 to $1,249 281 10.81% 219 $1,250 to $1,499 75 2.88% 58 $1,500 to $1,999 141 5.42% 110 $2,000 or more 444 17.08% 347 TOTAL 2,600 100.00% 2024 35 ftc „ Hb, 8 Jan Mary �2. 2097 PaNa 1`c: of 159 QUESTION 25 - POLICE AND FIRE PROTECTION Not Applicable QUESTION 26 - RECREATION AND OPEN SPACE Have met the requirements of the Collier County Land Development Code. QUESTION 27 - EDUCATION Not Applicable QUESTION 28 — HEALTH CARE Not Applicable QUESTION 29 - ENERGY Update conditions as necessary QUESTION 30 - HISTORICAL AND ARCHAEOLOGICAL SITES Not Applicable PART VI. SPECIFIC DRI INFORMATION QUESTION 31 - AIRPORTS Not Applicable QUESTION 32 - ATTRACTIONS AND RECREATION FACILITIES Not Applicable QUESTION 33 - HOSPITALS Not Applicable QUESTION 34 - INDUSTRIAL PLANTS AND INDUSTRIAL PARKS Not Applicable QUESTION 35 - MINING OPERATION Not Applicable 36 A da :6 fte' fits. 8C w January 23,.2007 ` Page 110 of 159 QUESTION 36 - PETROLEUM STORAGE FACILITIES Not Applicable QUESTION 37 - PORT AND MARINA FACILITIES Not Applicable QUESTION 38 - SCHOOLS Not Applicable 37 RPM- BSP -ADA -1 Ager.1da Stem No. 9'� January 23. 2007 Page 111 of 150. i FISHKIND & ASSOCIATES Kk 1b Kk sk MEMORANDUM TO: Cormac Giblin Collier County Housing and Urban Improvement FROM: G. Russell Weyer Senior Associates SUBJECT: Pine Air Lakes Affordable Housing Resolution DATE: May 12, 2006 VIA: E -Mail Cormac: Attached is the most recent run of our affordable housing demand model for the Pine Air Lakes DRI deviation where they are requesting an additional 118,000 square feet of commercial space. The demand totals 78 units of which 64 would be for sale demand and 14 would be for rent demand. Our analysis has determined that the combined supply of for -sale and for -rent units is 2,472. We have reviewed the data in detail during this final model run to ensure that only arms - length transactions were used in this process. As we discussed over the telephone, you indicated that you agree with our demand analysis. Even though we have determined that there is enough supply to absorb the demand coming from this additional square footage, the applicant is willing to pay $1,000 per unit for the 78 units to mitigate the demand coming from the additional square footage. We would like to know when that amount is due. When we originally talked about the per square foot fee to mitigate the affordable housing demand, you mentioned that the amount due would be due upon certificate of occupancy. Does that hold true for this mitigation and how is it calculated? Do we convert the new amount to a square footage number and it is paid like the other mitigation calculation? Please advise. Also, please advise as to how the remainder of the procedure will take place. Agenda item No. 3C January 23, 2007 Page 112 of 159 If you are in agreement with this mitigating offer, please indicate by signing below and returning a copy for our files. We appreciate your assistance with this matter. * Notes- The Collier County Board of County Commissioners will always make the final determination as to what amount of mitigation is accepable to the County. The $1,000 per unit mitigation amount is equivelent to what has been accepted by the County in the past by way of volutary donations. Paymet of the mitigation amout shall be made no later Than building permit issuance. If more than one permit is invloved then it may be prorated on a square foot baisis. Signed: Name: Cormac Giblin County Division: Housing and Grants Section Title: Housing and Grants Manager Date: 5/24/06 aenda Item January 23. 2007 REV. 2 Page 113 of 1 59 ` DOA - 2005 -AR -8543 PINE AIR LAKES PUD (DR[ -84-5) PROJECT # 1999003 8 DATE: 7/21/06 KAY DESELEM (COMPANION ITEM: PUDZ -A- 2005 -AR -8550) The Fiscal and Economic Impacts of the Pine Air Lakes DRl Substantial Deviation on Collier County September 30, 2005 Prepared By: Fishkind & Associates, Inc. 19869 High Tech Avenue Orlando, Florida 32817 407 - 380 -5225 http://www.fishkind.com Agenda iten _Nb: nC January 2 2O0 _ Page 114 of 159 Executive Summary The Pine Air Lakes DRI ( "the Project ") is a commercial development in Collier County ( "County ") near the corner of Pine Ridge Road and Airport Pulling Road. At build -out, the Project will consist of approximately 75,000 square feet of commercial office space and nearly 1,000,000 of commercial retail space. Since 397,218 square feet of commercial office and retail space has already been constructed on the site, the Consultant calculated the fiscal results on the remaining 677,762 square feet of space remaining to be constructed. The primary purpose of the development is to provide a wealth of commercial opportunities within a centrally located activity center. The Project pays for itself in terms of fiscal impacts to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is $3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impacts to the County. For the School District, the Project provides a net present value capital benefit of $32.2 million. _. Table 1. Net Fiscal and Economic Impacts of the Project Collier County, Net Total Fiscal Impact $3,922,544 Collier County, NPV of Total Fiscal Impact $2,660,517 Total ad Valorem Revenue for Collier County $1,947,717 Collier County School District, NPV of Capital Impact $537,884 Average Annual Economic Output in Local Economy at Build Out $197,126,731 Average Annual Economic Output in Local Economy during Construction $128,813,361 Total Direct and Indirect Employment Impacts at Build Out 6,784 There is also a substantial economic benefit to be derived from the Project's development. Through direct and indirect impacts, the Project is forecasted to produce 6,784 jobs at build out. Direct and indirect total output or sales within the area is expected to average $143,206,936 each year at build out. Direct and indirect employee earnings are forecasted to average $53,919,795 each year at build out. These are very substantial fiscal and economic contributions to the local economy that will benefit the County in a positive way. The bottom fine is that the Project will be a revenue generator to the County for many years to come by increasing the overall taxable property base and providing an economic stimulus for the area. Pine Air Lakes DRI Fiscal Impacts Page 2 of 1'{ Agenda h6m .No .8C January 23, '2007 Pape 115 of 159 1.0 Introduction 1.1 Background The Pine Air Lakes DRI ( "the Project ") is slated to be a mixed -use development located in Collier County ("the County"), Florida. At build - out, the Project will consist of approximately 75,000 square feet of commercial office space and nearly 1,000,000 of commercial retail space. 1.2 Assignment Fishkind & Associates, Inc ( "the Consultant ") has been contracted by Landon Group South, Inc. ( "the Client ") to conduct a fiscal and economic impact analysis to determine the impact of the Project's remaining square footage on the County and the Collier County School District. 2.0 Development Schedule Table 2 displays the commercial development schedule for the Project. The Project's remaining square footage will consist of commercial office space and retail /entertainment space. Table 2. Commercial Development Schedule (Future) Year Commercial Retail / Total Office Entertainment 2006 16,000 288,584 304,564 2007 45,511 306,604 352,115 2008 0 33,572 33,572 Total 61,511 628,760 690,277 Pine Air Lakes DRI Fiscal Impacts Page 3 of 11 3.0 Fiscal Methodology 3.1 Introduction 3.2 3.3 Agenda ttern,No. 8C January 23, 2007 Page 116 of 159 The Consultant has developed a Fiscal Impact Analysis Model (FIAM) under contract with the Florida Department of Community Affairs ( "DCA "). FIAM is designed to serve as the prototype fiscal and economic assessment tool for local governments in Florida. DCA has continued contracting with the Consultant to further refine and develop FIAM. Currently, FIAM Version 5.0 is available for use in Florida. Version 7.0 is currently being developed. Recently an Urban Land Institute Pane ( "ULI ") provided a peer review of FIAM on behalf of DCA. The ULI panel was very complementary, made recommendations for further improvements, and endorsed FIAM for use in Florida. DCA is continuing its contracting with the Consultant for FIAM and DCA is planning for the implementation of FIAM statewide. FIAM provides estimates of the costs and revenues to local governments associated with their land use decisions. FIAM examines both the long range and near term impacts and it provides estimates for the effects of land use decisions on both the operating budget and the capital budget of the local government. FIAM is suitable for conducting analysis of individual projects, development corridors, and entire comprehensive plans. FIAM has been used for fiscal impact analysis in thirty -six Florida communities. Fiscal Impact Analysis Model Calibration The FIAM model used in the development scenario has been calibrated based on the latest adopted budget and demographics for the County. County staff has been contacted in order to gather accurate and current information regarding the demographics of the County. In this way, FIAM is properly calibrated to reflect the specific environment of the County with its unique budget and characteristics. Furthermore, FIAM also includes ten years of budgetary history for the County. This provides the base for FIAM to project inflation rates over the long term. Modified Per Capita Method Local governments receive revenues from the land, development and the activities of their populations of residents, workers and visitors. The major portion of these revenues is in the form of taxes (Property Tax, Sales Tax, Gas Taxes, Utility Taxes, Resort Tax, etc.) and fees, assessments and charges for service (permits, impact fees, waste collection and lighting assessments, etc.). Pine Air Lakes DRI Fiscal Impacts Page 4 of 11 ;gendad em No, 8C January 1-3, 2007 Page 117 of 159 Local governments also render services to all residents, to all who are working in the County, and to all visitors to the County. Therefore, on the cost side of the equation, cities incur costs to provide services to residents, those employed in the County, and to visitors. At some point during a 24 -hour period, a resident may become a person employed in the County, and then later in the day may be a resident again. To such an individual, the County has rendered services for a full 24 hours. Other residents may leave the County to work in another County, In this case, the County only provides services to that person when they are physically in the town. For those workers that do not live in the County, services are only provided to those workers when they are in the County. Finally, visitors receive service during the whole time period of their visit, but obviously not when they leave. To properly measure the services provided to each of these groups, a weighting procedure is needed that reflects the duration of time each group is resident in the County. This calculation provides us with the full - time equivalent (FTE) population, employees and visitors. For both residents and workers, a working period assumption of 2,000 hours per year is applied. In this way, the fiscal impact of the FTE residents, employees and visitors can be properly identified. A variety of methods exist for quantifying the revenue and cost impacts flowing from a development opportunity such as the one presented here. The approach used in this FIAM is the modified per capita approach. When possible, the revenues and expenditures that can be identified from the subject population(s) are directly estimated or calculated. For this project, ad Valorem and impact fee revenues were calculated using current millages and fees. The remaining cost and revenue categories were estimated based on modified per capita estimates. The modified per capita approach involves the calculation of revenues using the latest published budgets for the appropriate population basis (i.e. per person, per employee, per tourist, per student). From an economic perspective, this is equivalent to assuming that average revenue generation applies to the particular situation being evaluated. This is a reasonable assumption in most cases for two reasons. First, local governments must run balanced budgets, so that current costs and current revenues balance and are appropriate for current circumstances. Second, using long run averages also means that any excess capital is maintained in the various systems and not allocated to the project. Furthermore, there is nothing peculiar about the location or the type of this particular project that indicates that per capita parameters estimated from the latest budgets would not be reflective of actual costs and revenues. Pine Air Lakes DRI Fiscal Impacts Page 5 of 1 i Agenda /tern No.. 8C January 23, 2007 Page 118 of 159 The numerator for each cost or revenue item is the cost or revenue shown in the County's budget. The denominator depends upon the type of cost or revenue. Each category of cost and revenue was examined to determine the impact of population and/or employment (businesses). Then each category was divided by the appropriate divisor (FTE population; FTE population + FTE employment) to yield the average per capita revenues and expenditures for all budget categories. The arithmetic is shown below. Revenue FTE Population + FTE. Employees 3.4 Fiscal Impact Calculations Per Capita The FIAM model utilizes the most recent Collier County annual budget with projected revenues by source and expenditures by function. Property taxes are calculated using the increase in taxable property value applied to the appropriate millage rates. Most of the other budget revenues and expenditures are calculated using the per capita methodology. The per capita numbers used are the full -time equivalents (FTE) residents and employees calculated using The University of Florida data and Fishkind estimates of employment. The revenues and expenditures are calculated by multiplying the FTE residents and employees by the per capita revenue and expenditure amounts from the budget. The County averages are used to maintain a conservative methodology. The per capita calculations for the County's budget were calculated using revenues and expenditures from the budget's General and Special Revenue Funds. The revenues and expenditures from these funds were divided by the County FTE Population plus the County time. Any voted taxes are assumed to be reaffirmed once their current FTE employment to provide the per capita amount. Human Services and Parks and Recreation typically have only the population as the denominator. These Budget per capita amounts are then multiplied by the number of new FTE residents and FTE employees and FTE visitors in order to generate the projected revenues and expenditures found in Appendix Table 4. Certain non - revenues and non - expenditure items are not included as they are not applicable to the incremental change in population. Pine Air Lakes DRI Fiscal Impacts Page 6 of 11 3.5 3.6 ,gems. :ltetrn No. 8�D January ?". 2007 page 119- of 109 Assumptions Appendix Table 1 contains the basic data, assumptions and sources used in the County fiscal impact model. These are provided for completeness and allow for the replication of our results. Collier County School District Methodology The FIAM provides the Project's impact on the School District's capital revenues and expenditures. The Capital Projects Fund contains ad Valorem revenues and impact fee revenue. The ad Valorem revenues were calculated by multiplying the taxable value times the capital millage rate. This methodology provides a good indication or whether or not the development covers the capital costs of the School District. However, it does not calculate the School District's actual cash flow. 4.0 FIAM Results 4.1 Fiscal Impacts of the Project on Collier County The FIAM forecasts the fiscal impact of the Project on the future revenues and expenditures for the County based upon the County's budget. The total values look at the aggregate value associated with the development of the project and are simply the sum of the annual revenues, expenditures, or net impacts generated from the project at build out. The net present value ( "NPV") calculation displays how much a future investment is worth in today's dollars. The NPV formula takes the annual revenues, expenses, or net impacts and discounts them by a present value factor of 10% a year for 3 years. NPV is a common tool used by the public and private sectors to gauge a project's net effect on operations and capital in order to make sound business decisions. NPV assumes a person can take their money and invest it elsewhere for a given rate and then discounts each future year's cost or revenue by that rate in order to compensate for what could have been received on the money in the alternative investment. Once each annual amount has been adjusted, the values are summed in order to obtain the net present value of the future costs or revenues. Next, by deducting the expenses from the revenues, a net operating and capital present value impact can be determined. The project's overall NPV is calculated by summing the net capital impact and the net operating impact. A positive NPV indicates a good investment. The greater the number, the greater the positive impact the development will have on the County. Projects with overall negative NPV's should be avoided. Table 3 presents the results of the fiscal impacts calculated by the FIAM. Pine Air Lakes l Fiscal Impacts Page 7 of 11 Agenda Item No. 8C January 23, 2007 Page 120 of 150 Table 3. The Fiscal Impacts of the Project on the County Total Present Value Total Operating Revenue $3,802,744 $2,515,708 Total Operating Cost $610.466 $561,104 ---- - - - - -- ---- - - - - -- ---------- ---- - - - - -- Net Operating Impact $3,192,279 $2,107,879 Net Operating Impact (Revenues @ $2,422,199 $1,594,655 95 %) Total Capital Revenue $8,433,691 $5,985,987 Total Capital Cost $6,933,346 $4,920,125 Net Capital Impact $1,500,345 $1,065,862 Net Fiscal Impact (Revenues @ 95 %) $3,922,544 $2,660,517 By removing the capital lines from the budget, the FIAM determines both capital and operating revenues and expenditures. The operating revenues generated from the development of the project are the sum of each revenue source the County would receive based on the development schedule. The Project supplies the County with a total of $1,947,717 in ad Valorem revenues through build out. Total operating revenues to the County associated with the Project are $3,802,744. The NPV of the operating revenues is $2,515,708. Operating revenues consist of such items as ad Valorem tax revenue, occupational licenses, building permits, utility taxes, state revenue proceeds, charges for County services, etc. Operating expenses are the County's costs for such items and services as financial and administrative expenses, emergency and disaster relief, legislative and executive expenses, and comprehensive planning. The total operating expenses are $610,466 with an NPV of $561,104. Approximately 50% of all operating expenses associated with the Project are related to police control. By subtracting operating expenses from operating revenue, a net operating impact can be calculated. Theoretically, the County will receive 100% of the net operating impact. However, the State mandates that municipalities budget based on 95% of projected revenues. The net operating impact at 95% of revenues is $2,422,199. The NPV of the net operating impacts at 95% of revenues is $1,594,655. Total capital revenues are $8,433,691 for an NPV of $5,985,987. These capital revenues are generated by the sum of all impact fees collected from the buildings that will be constructed onsite. Pine Air Lakes DRI Fiscal Impacts Page 8 of 11 !L.gs -nda it? n No. 8C !anuary `13. 2007 PaciA It 21 of 159 Capital expenditures are generated by how the future land use impacts the County's existing capital structure. Total capital expenses are $6,933,346 for an NPV of $4,920,125. Capital expenses include the capital costs related to roads, fire rescue, law enforcement, etc. For example, a capital cost for the Sheriffs Department would be the purchase of a new vehicle or any new construction or improvements made to existing buildings in order to serve the Project. A net capital impact can be created the same way a net operating impact was calculated. By subtracting capital expenses from capital revenues, the total net capital impact is $1,500,345. The NPV of the capital impact is $1,065,862. Finally, by summing the values for the net capital impact and the net operating impact, an overall net total impact at 95% of revenues can be calculated. The total fiscal impact of the project to the County is $3,922,544. The total NPV impact to the County is $3,173,740. This is indicative of a Project that pays for itself in terms of both operational and capital impacts. The fiscal results by year and by type are presented in Appendix Table 2. 4.2 Fiscal Impacts of the Project on the School District Since this Project is comprised of commercial office and commercial retail /entertainment, it will create some fiscal impacts for the School District primarily through operating and capital ad valorem tax revenues. Table 4 shows the operating and capital impacts of the Project. Table 4. Operating and Capital Impacts for the School District Ad Valorem Operating Revenues $1,215,348 Ad Valorem Capital Revenues $610,466 The total operating school ad valorem revenues produced by the Project through build out are $1,215,348. These revenues are generated by multiplying the total operating millage by the increase in taxable property values due to the development of the Project. The majority of this revenue is collected and redistributed to the State's school districts based on the number of students and spending needs. Thus, the likelihood of the School District experiencing a windfall or shortfall due to the new development is negligible. Pine Air Lakes DRI Fiscal impacts Page 9 of 11 Agenda Item No. 8C January 23. 2007 Page 122 of 150 The Project will also produce ad valorem capital revenues for the School District, as shown in Table 4. The total NPV capital ad valorem taxes generated by the increased taxable values of property in the County are $537,884. The Project pays for itself in terms of impacts to the School District with a $1,057,428 NPV benefit for the District. 5.0 Economic Impacts of the Project The proposed Project will contribute greatly to the local economy. A new development creates not only fiscal impacts, but also economic impacts. Direct economic benefits are the result of people purchasing goods or services from a business. For example, a person buying a new car from a dealership creates a direct impact on the economy. Indirect economic benefits are created by a `ripple effect' through the economy. For example, if enough people buy new cars from dealership, the owner must then hire more clerical workers, salespeople, mechanics, etc. These workers in turn purchase additional goods and services in the local municipality, thus further impacting the economy. Appendix Table 3 contains the detailed economic impacts of the Project. Table 5. Economic Impacts of the Project (Future Development) Total Direct Impact Jobs 4,682 Total Indirect Impact Jobs 2,102 Average Annual Economic Output/Sales at Build Out $143,206,936 Average Annual Employee Earnings at Build Out $53,919,795 Table 5 summarizes the economic impacts of the Project. A total of 4,682 jobs are forecasted to be created directly onsite. Indirect impacts create another 2,102 jobs in the local economy at the Project's build out. Total output in the local economy is forecasted to reach $143,206,936 on average each year at build out. Total employee earnings will average $53,919,795 on average each year at build out. These numbers are indicative of a project that provides an economic stimulus to its surrounding areas. Pine Air Lakes DRI Fiscal Impacts Page 10 Agenda item No. 8C January 23, 2007 Page 123 of 159 5.0 Conclusion Based on the economic and fiscal impact summarized above, the County and the School District will benefit greatly from the development of the Project as proposed. Table 6 below summarizes the total fiscal impact of the Project's remaining square footage. The total net impact provided to the County due to the development of the Project's remaining square footage is $3,922,544. The NPV of the Project's impact to the County is $2,660,517. In addition, the project contributes $537,884 in NPV capital dollars to the School District. Thus, as Table 6 below demonstrates, the additional development will not only pay its own way in terms of County services and impacts on facilities, it will generate a sizeable fiscal surplus. The surplus revenues can be used by the County for any purpose, including roads, public buildings, or park construction. Table 6. Net Fiscal and Economic Impacts of the Project (Future Development) Collier County, Net Total Fiscal Impact $3,922,544 Collier County, NPV of Total Fiscal Impact $2,660,517 Total ad Valorem Revenue for Collier County $1,947,717 Collier County School District, NPV of Capital Impact $537,884 Average Annual Economic Output in Local Economy at Build Out $197,126,731 Average Annual Economic Output in Local Economy during Construction $128,813,361 Total Direct and Indirect Employment Impacts at Build Out 6,784 There is also a substantial economic benefit to be derived from the Project's development. Through direct and indirect impacts, the Project is forecasted to produce 6,784 jobs at build out. Direct and indirect total output or sales within the area is expected to average $143,206,936 each year at build out. Direct and indirect employee earnings are forecasted to average $53,919,795 million each year at build out. The ultimate conclusion is clear. From a fiscal and economic viewpoint, the County and the School District will benefit greatly from the Project's development. Pine Air Lakes DRI Fiscal Impacts Page 11 of 11 Agenda item No. 8C January 23, 2007 Page 124 of 159 Appendix Table 1 - FIAM Input Assumptions Taxable Assessment Ratio 92%. Homestead Exemption $25,000 • Single- Family with Homestead 68% • Multifamily with Homestead 17 %. Property Tax Ad Valorem Millaae General Fund 3.8772 Mills Unincorporated 0.8069 Mills Fire & EMS (Golden Gate Fire District) 1.0000 Mills Water Pollution Control & Conservation 0.2847 Mills Mills Population (total) 291,902 (Fl Population Studies, 2003) Equivalent Full Time Factor Eouivalent Population - Working Residents 114,960 0.7619 87,568 Population- Non - Working Residents 176,942 1.0000 176,842 Population (peak season) 356,028 288,202 City Employment (total) 114,960 0.2381 27,372 (State of Florida ES -202, 02, 2003) City Labor Force Participation Rata 3g,38Y County Population (unincorporated) 254,255 1.0000 254,255 (PI Population Studies, 2003) 2005 2M 2007 20008 2009 Persons per Household - Single Family3 ' 2.39 2.39 2.39 2.39 _. Persons per Household - Multifamily 1.79 1.79 1.79 1.79 1.79 (Fl Population Studies, 2003) Total Households County 113,664 (Fl Population Studies, 2003) Allocation of Po ulation (U.S. Census Bureau, 2000) 6: (U.S. Census Bureau, 2000) S (U.S. Census Bureau, 2000) Seasonal Units (not rentals) 35,217 (US Census, 2000) Employment Assumptions Pro ect Office 1 -Story 300 sq. ft. per employee Office Class A 350 sq. ft, per employee Office Medical 250 sq. ft. per employee Retail - Neighborhood 598 sq. ft. per employee Retail - Community 598 sq. ft. per employee Retail - Regional 598 sq. ft. per employee Restaurant -Sit Down 450 sq. ft. per employee Restaurant-Fast Food 100 sq. ft. per employee Hotel 0.5 employees per room Industrial 2,500 sq. ft. per employee Warehouse 5,000 sq. ft. per employee Golf Course 40 per 18 -hole course Clubhouse 800 sq. ft. per employee Specialty Recreation 10 per unit ACLFINursing Home beds 1 per bed Institutional/Government (sq ft) 300 sq. ft. per employee Hospital (per bed) 3 Agriculture/Forestry 25 per 1,000 acres Maximum Annual Inflation Rate - Budget Minimum Annual Inflation Rate- Budget Maximum Difference in Inflation Rates - Budget r:.v l'_^a !ten-' N.D. 8C January 23, 2007 � Page 125, of 153 2008 110.0% of long -term total average 50.0% of long -term total average 2.50% Average rate for costs v. revenues Input Property Safes Value Assumptions for New Units: Multifamily -For Sale Condo Project Data Vacant Acreage (Developer) Single - Family - Low Range (Developer) Single - Family - Mid Range (Developer) Single - Family - High Range (Developer) Single - Family - Special (Developer) Multifamily -For Sale Condo (Developer) Multifamily -For Sale Townhouse (Developer) Multifamily -For Sale Other (Developer) Multifamily - Rental Apartments/TH (Developer) Multifamily -ACLF /Nursing Home beds (Developer) Multifamily - Rental Other (Developer) Mobile Home $30,000 (Developer) Vacant Commercial Acres $100,000 (Developer) Office 1 -Story ( sq.ft.) $210 (Developer) Office Class A (sq.ft.) $240 (Developer) Office Medical ( sq.ft.) $200 (Developer) Retail- Neighborhood $220 (Developer) Retail- Community $220 (Developer) Retail - Regional $220 (Developer) Restaurant - Sit Down (sq.ft.) $220 (Developer) Restaurant - Fast Food /Drive thru $240 (Developer) Institutional/Govemment $0 (Developer) Hotel (per room) $100,000 (Developer) Vacant Industrial Acres $100,000 (Developer) Industrial (per sf) $75 (Developer) Warehouse (per sf) $50 (Developer) Golf Course (per acre) $25,000 (Developer) Golf Course (holes) $555,556 (Developer) Golf /Swim/Tennis Club (sq.ft.) $200 (Developer) Specialty Recreation (per unit) $5,000 (Developer) Agriculture /Forestry (acres) $5,000 (Developer) Mobile Home /RV Park, Parking Lot $4 (Developer) r1 w CD L.r) o �- _o N N 'p C C6 N � o` Cm 4 y g w N N N O WD O O O p � w www{Nq N Sti W v n n n n h n N W Q7 W W p .-wwww O y w Z V h h �� S T S O OSt0000 60 OO O p • r' A D ^ CI N N O O N N �p C Nq � Y wwww w 00 Q n n 117 f'iN qy h w � = G w w N w W Y 4 ' �''• � N O n N W N v q� � (i N � O ww 44HW y'w y w w d 7 m b m W N ap N N Z Q N Nv w V w w y q L a J FI R'1 W M 1A t�1 � R w•'w~ w r ww w w R IL ff7 f7pr� Tno ac coot W �nro f D Oi T O n b M N o0 W O t7 f w 0 � w W On ^ c m O N O O S S S 0 0 0 5 S S S O • w w w w �4y yy qyp w wwy Nw w N W O V C 2C b � J h f r ¢7 O M co N C� p n �f. e7 Oi ty o f O N tC r O� N W o a r N f G W 47 e n ID Y G7 h N N n 0 LD M tD l7 f N � W y H O O O D 00 00 v m 0 0 0 0 0 0 o O O 0 0 0 0 0 0 0 0 0 Cl 0 O O o > n o 0 0 �1Oi�''� o O c 0 0 0 0 o000000gg °o °o o° °o v N o Tq W L • N Li N Uri CD LO CD <- C R1 C z co E A L l'� C6 n c (0 a_ C U1 Q m rn v a m w m 0 U m O � d ¢ d y`m • �m v U � m O W �_ •m m � m p O U O $ .c m m tp C ErJ wco 000000 O? CI N W W W W N K N H W N U) O S!2 0 0 0 �nm r r�i vri w wwww m v n n n n r CI N N N N n N m m m tp O w N L V N m m m m W m o 0 0 0 0 0 0 � W W W W M W 0ogr�en OooS i°,�o 0 0 • t� !� r r �� N H N e e' m m m N t0 O N� ^ ^ n N N N N w w O O O r r M l7 l" ) N N N h O N N N t w N N w w w N N LL • e Nee �^ N m O N W �D m W to m m 0 r a � m P F N m ry r �+ NNHNKN a e n W N W N Cf m P) W W x w N w w a" N w w N w N W N N N N N N p w N ? N N Lu W N N N N p M N H N H N H H N K H N N N n C C O C o H c c n n$ o 0 0 v $ o o d m m n ^ J m � o E r N m m m E S 2• C °i T `o aoi o m n m m m m a• a m �_ d C D 7 a m V U« m O V L C C E e L• m 0 M PI � M S N m r W N u�i a C'1 g rn e O c 6 C mmgrmv fV < t+i H m�nNNro W n O .n- mc�•'�n � m Qi CO a C'i W 1� m y R N N H N N p N F m o o e m ° > o 0 0 0 0 o u g o 0 0 0 0 0 o o o o o 0 p o 0 0 e o 0 0 O1 ,Q aTr W �n nin 0 0 0 0 0 0 o c o 000000000 000 o p i H U cn c o n C C O C o H c c n n$ o 0 0 v $ o o d m m n ^ J m � o E r N m m m E S 2• C °i T `o aoi o m n m m m m a• a m �_ d C D 7 a m V U« m Agenda Item No. 8C, January 23, 20017 Page 128 of 159 INPUT FOR CAPITAL FACILITIES AND EQUIPMENT Input for Law Enforcement Capital Cost of New Fire Station Number of Patrol Deputies 353 (Shetilfs Department) Cost to Equip Patrol Deputy 25 Patrol VeNcle $18,488 (Sheriffs Department) Light Bar $1,000 (Sheriffs Department) Mobile Data Computer $3,632 (Sheriff's Department) Other 3,595 (Sherffrs Department) Subtotal ~$26,716 (Calculated) Average Life of Equipment for Deputy 5 Interest Rate for Financing Equipment 6.00% Cost for Entire Patrol Deputies $9,430,619 (Calculated) Annualized Cost Including Interest $2.238,795 (Calculated) Sheriffs 5-Year CIP 40,000 (Sheriff CIP Budget) Conecbons5 -Year CIP 2,968,000 Average Economic Life CIP Items 25 Interest Rate for Financing Equipment 6.00% Annualized Cost Including interest $214,702 Arnulaized Total Patrol Capital Cost $2,453,497 (Calculated) Total Calls for Service 400,000 (Sheriff's Department) Total Patrol Capital Cost per Call $6.13 (Calculated) Calls per Unit by Land Use Bookinos/ltnit Cost Single- family 0.0632 $88.42 Cost estimated based upon bookings per ur Multifamily 0.0404 06.52 Cost estimated based upon bookings per ur . Mobile Home 0.0061 $8.53 Cost estimated based upon bookings per ur Hotel/Motel per Room 0.0524 $73.31 Cost estimated based upon bookings per ur Commercial I Retail per 1,000 sq.fL 0.3053 $427.11 Cost estimated based upon bookings per ur Office per 1,000 sgJL 0.3707 $518.61 Cost estimated based upon bookings per ur Institutional per 1,000 sq.R. 0.0328 $45.89 Cost estimated based upon bookings per ur Warehouse I Storage per 1,01X1 sq.fL 0.0086 $12.03 Cost estimated based upon bookings per ur Manufacturing per 1,000 sq.fL 0.0086 $12.03 Cost estimated based upon bookings per ur Recreation 0.1566 $219.08 Cost estimated based upon bookings per ur Mobile HomeJRV Park, Panting Lot/acre 0.0328 $45.89 Cost estimated based upon bookings per ur Schools per 1,000 sq.fL 0.0328 $45.89 Cost estimated based upon bookings per ur Input FirelRescuelEMS Data: North Naples Fire District Capital Cost of New Fire Station $1,500,000 (File 6 Rescue Depenmenl) Average Economic t.tfe CIP Items 25 Interest Rate for Financing Equipment 7.00% Annualized Cost Fire Station $126,716 (calculated) Capital Cost of Engine $350,000 (Fl e a Rescue Department) Average Economic Life CIP Items 15 Interest Rate for Financing Equipment 7.0011. Annualized Cost Engine 3 Rescue Unit $38,428 (G cul8 Ed) Total Calls for Service - FIRE 4,347 (Fired Rescue Department) Number of Fire Stations 4 Average Cans per Station 1,087 (calculated) Average Capital Cost per Call $153.80 (calculated) Calls per Unit by Land Use - FIRE Calls Cost Single - family 0.270 $41.53 Multifamily 0.270 $41.53 Mobile Home 0.270 $41.53 Hotel/Motel per Room 0.030 $4.61 Commercial ! Retail per 1,000 sq.ft- 0,010 $1.54 Office per 1,000 sq.ft. 0.010 $1.54 Institutional per 1,000 sq.lt. 0.010 $1.54 Warehouse / Storage per 1,000 sq.ft. 0.010 $1.54 Industry per 1,000 sq.fL 0.010 $1.54 Recreation per 1,000 sq.fL 0.010 $1.54 Mobile Home/RV Park per acre 0.010 $1.54 Input EMS Capital Cost of EMS Rescue Unit Average Econorrac Life CIP Items Interest Rate for Financing Equipment Annualized Cost of Rescue Unit Total Calls for Service - EMS Number of EMS Vehicles Average Calls per EMS Vehicle Average Capital Cost per Call Calls tar Unit by Lend Use - EMS Single-family Multifamily Mobile Home Hotai/Molef per Room Commercial f Retail per 1,000 sq.fL Office per 1,000 sq,1L Institutional per 1,000 sq.fL Warehouse I Storage per 1,000 sq.ft. Industry per 1,000 sq.1L Recreation per 1,000 sq.fL Mobile HonWRV Park per acre Input Level of Service and Cost for LIBRARIES Single-family Multifamily Mobile Horne Hotel/Motel per Room Input Level of Service and Cost for PARKS Sirgledamily Multfamiy Mobile Horne HoteWmtel par Room ruvnva ;tern No. 8C January 23, 2007 P a a e 129 o` 15 0 $176,000 15 7.00•/6 $O (wlcWatedi 1 (may be came as FIRE above) 26 (may be came a FIRE above) $0.00 (,sicuwed) Calls Cos 0.270 $103.69 These costs taken from EMS Impact Fee update 6=00 0270 $93.03 0.270 $93,03 0.030 $37.61 0.010 $196.62 0.010 $83.13 0.010 $33.65 0,010 54.62 0,010 $40.91 0.010 $451.12 0,010 233.66 Tines Cosvurrt 0.43 per person $237.74 These costs taken from Library Impact Fee update 6!2000 0.63 per person $214.40 0.43 per person $214.40 per room $O Acres st/Uni 3.0 I1,0� people $746.73 per unit cost taken from Park Impact Fee update June 2002 3.0 11,000 people $746.73 Divided by 2 to reflect developer provision 3.0 11,000 people $746.73 perroom Input Level of Service and Cost for PUBLIC BUILDINGS 5Q Pt CostAJnft Single- family 2 per unit Sao Multifamily 2 perunit $80 Mobile Home 2 per unit Sao Hotel/Motel per Room 2 per room S80 Commercial 1 Retail per 1,000 sq.fL 2 per 1,000 sf $80 Office per 1,000 sq.tt - 2 per 1,000 sf Sao Institutional per 1,000 sq.ft. 2 per 1,000 sf $80 Warehouse / Storage per 1,000 sq.fl. 2 per 1,000 st Sao Industry per 1,000 sq.tt 2 per 1,000 sf 180 Recreation per 1,000 sq.ft 2 per 1,000 sf $90 Mobile Home/RV Park per acre 2 per acre Sao Input Level of Service and Cost for JAIL FACILITIES Bookinasl-Init CosVBooking C,psf1Un1! Single - family 0.0632 S91.77 per unit SS-80 -impact fee ordinance) Multifamily 0.0404 $91.77 per unit S3.71 impact fee ordnance) Mobile Home 0.0061 S91.7' per unit $036 -impact fee ordnance) Hotel/Motel per Room (20'X4C') 0.0524 $91.77 per room $4.81 -impact fee ordinance) Commercial I Retail per 1,000 sq.ft 0.3053 591.77 per 1,000 sf $28.02 4mpact fee ordinance) Office per 1,000 sq.fL 0.3707 591.77 per 1,000 sf $34,02 -impact fee ordinance) Institutional per 1,000 sq.f. 0.0328 $91.77 per 1,000 sf $3.01 -impact fee ordinance) Warehouse I Storage per 1,000 sq.tt 0.0086 $91.77 per 1,000 sf $0.79 -impact fee ordnance) Industry per 1,000 sq.fL 0.0086 $91.77 per 1,000 sf $0.79 - Impact fee ordnance) Recreation per 1,000 sq.ft 0.1566 $91.77 per 1.000 sf $14.37 - Impact fee ordinance) -impact fee ordnance) Input OTHER Level of Service and Cost per Unit Delivered Preferred Level of Average Level of Service Units CostfUnil Service Roads 0.00173 lane milesiperson $3,151,198 0.00173 Mass T:anse, 0 person trips / day s0 NA Water 250 gallons per ERU $0 NA Sewer 200 gallons per ERU so NA Solid Waste 0 pounds 1 person I day So NA Input Usage Rates for Water, Sewer & Solid Waste Mobile Homes Non - Residential Office 1-Story ( sq.ft.) Office Class A (sq.ftt.) Office Medical (sq.fL) Total Office (sq.ft.) Retail - Neighborhood (sq.ft.) Retail - Community (sq.ft.) Retail - Regional ( sq.ft.) Total Retail (sq.fL) Restaurant - Sit Down ( sq.ft) Restaurant - Fast Food /Drive thru Restaurant - Fine Dining (sq.fL) Hotel (rooms) Industrial Warehouse Golf Course (acres) Golf Course (holes) Golf Clubhouse (sq.ft.) Swim/Tennis Club (sq.ft.) Agenda Item No. &C January 23, 2007 Page 130 of 159 Cubic Yards[Da Solid Waste 10 10 10 10 7.5 7.5 7.5 7.5 7.5 7.5 1 Gallons/Day/Unit 1 1 1 Water Sewer Residential Units 1 1 1 Single - Family - Low Range 300 225 Single - Family - Mid Range 300 225 Single - Family - High Range 300 225 Single - Family - Special 300 225 Multifamily -For Sale Condo 200 150 Multifamily -For Sale Townhouse 200 150 Multifamily -For Sale Other 200 150 Multifamily- Rental Apartments 200 150 Multifamily- Rental Townhouse 200 150 Multifamily - Rental Other 200 150 Mobile Homes Non - Residential Office 1-Story ( sq.ft.) Office Class A (sq.ftt.) Office Medical (sq.fL) Total Office (sq.ft.) Retail - Neighborhood (sq.ft.) Retail - Community (sq.ft.) Retail - Regional ( sq.ft.) Total Retail (sq.fL) Restaurant - Sit Down ( sq.ft) Restaurant - Fast Food /Drive thru Restaurant - Fine Dining (sq.fL) Hotel (rooms) Industrial Warehouse Golf Course (acres) Golf Course (holes) Golf Clubhouse (sq.ft.) Swim/Tennis Club (sq.ft.) Agenda Item No. &C January 23, 2007 Page 130 of 159 Cubic Yards[Da Solid Waste 10 10 10 10 7.5 7.5 7.5 7.5 7.5 7.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 50 50 5 1 1 1 1 1 1 0 0 0 0 0 0 5 5 2 3 3 2 Ur Co O LO O �- p N O ZC -� cz c: co C m n Q V w 6n 0 0 0o 0 N O m 0 y- t- O M O 00 M O O N 7 a0o o0D t00. a0 r w to Q1� O N N w V0' r` O) h fD to O m M .p co N _ _ a O N N w w yq co b04 K 609 d09 < H m nO � w � w In O CO O N OM LO w 0 m O�< N w w O 0a�0 t>7 0 0 M O O LO to w tC) M w 0 t0 to co M h N OI M 0 N 60 co M tn p� m pp LO 0 w w O Vhf 11i C H N 6q� M w LO Vl N fR bb. 609 4i � 60 to NpY9,IJ N w N O O •f L 69 0) w IA V' r 00 tD O � O O tno 69 ti M O 00 1_ - to M w N O w `O Lo N f0 Vi t� t� O CO !D M O K 01 69 N N 1 ; 0N b4 W qo9 O w M w O O O O O O O O O O O O O O O O O O O O O O O Vi w 60' Vi w w w b4 w w w w w w fR W di w w w w w ff!♦ ti tD In O 60% m N 6Nq ON w V! w w to w MI O0� 609 0b9 Ifi N 064 N w w 69 64 w Vi w co 6AI 00 O N 64 Go w _ V N to X x 10 R N R i-- F- > v d R CD '0 'a C N _ N E _ o a 0 ;u 0. D_ y O V) 0 x C n N w m i H O K m O C R n U 0 F- LL to y J w y R C y d C L ^j. cr —o' y C G) d E c c c o m c c S o c to v ii O o c v o 0 c 0 0 0 " c m c U O ° fl o y c o c m y 'a 'Q 'Q m X 0 a U R> x 3" c D m F °- > O O O t F a E (D � F x R a 0 °7 H R o '� � d m �a m c D 0 d m m to t- m E y rn m? d d b o o O _ 0 m N L o R C N C) d a .� LL' Q J J J LL O m LL V) U) [n 0 U' U U "Ca C a� C O Q m F- O O to O O O O O O O O O O O O O O O O O O O O O O_ O O O_ O O O C0 N o2 O O O �- 0 0 0 0 0 0 0 O N N 0 O O O N r- `- et M 0 0 0 0 0 0 0 N M of N at to to tt7 00 00 N ' v O M M M M M M M cN�) M M M M M M c 0 M <0j c0� co N co co N Agenda Item No. 8C January 23, 2007 Page 132 of 159 Appendix Table 3. Pine Air Lakes DRI Economic Output Details RIMS 11 Multipliers Output Jobs Earnings Jobs! Jobs X General Office 1,74 24 0.59 0,000018 2.5 Retail- Shopping Center 1.55 28 0.35 0.000021 1.3 Restaurant 1.32 31 0.31 0.000023 1,2 Hotel 1.75 29 0.33 0.000022 1.7 Industrial 2.21 16 0.43 0.000012 1.9 Warehouse 1.25 13 0.25 0.000010 1.3 institutional ! Governmental 1.13 12 0.21 0.000009 1.2 Golf Course 1.24 14 0.22 0.000011 1.1 Housing Related 1.33 20 0.33 0.000015 1.2 Construction 1.66 17 0.61 0.000013 1.4 2005 2006 2007 2008 2009 Total Employment - - 1,808.3 3,011.4 1,963.4 Total Earnings $0 $0 $50,397,929 $83,650,627 $53,919,795 Total Output/Sales $0 $0 $114,228,812 $198,662,708 $143,206,936 Pine Air Lakes Q24 Sufficiency Questions Question 1: oc, —,da Item No. 8C January 3, 2007 °aae 133 of 159 Pine Air Lakes DRI: Demand Calculation is based on figures for the proposed Substantial Deviation a) Why weren't housing impacts analyzed for the entire ADA? Response: Housing impacts were only analyzed for the Substantial Deviation portion of the ADA/DRI because a significant portion of the project is already constructed and operational. The employment associated with the operational portion of the ADA/DRI has been absorbed into the market and should not be counted as affordable housing demand as it was previously calculated in the original submission of the ADA/DRI. The affordable housing calculations were conducted on the Substantial Deviation in order to estimate the affordable housing demand associated with the remaining commercial retail and office development. Question 2: Pine Air Lakes DRI.• Demand Calculation Model for Commercial and Office is not in agreement with the latest data from the Quarterly Edited ES -202 Report (by County) b) please explain where the data came fi -om and its age? Response: The analysis has been updated with the most recent ES -202 2005 quarterly data. Question 3: The report states that Housing Demand from existing DRIB is included in various calculations a) what are the existing DRIs included in these calculations b) how are these figures computed c,1 please provide these figures Response: In order to combat the "double counting" problem, affordable housing demand from previously approved DRIB in the market are calculated. DRI's included in these calculations are: Pelican Bay, Tallgate Commercial Center, Fiddler's Creek Marco Shores, The Vineyards of Naples, Lely – Resort Community, Park=lands, Olde Cypress – the Woodlands, Twelve Lakes, Citygate Commerce Park, Grey Oaks, Collier's Reserve, Pelican Marsh, Winding Cypress, Collier County Government Center, Heritage Bay, and Ave Maria. Agenda item No. 8C January 23, 2007 Page 134 of 159 As per the pre - application methodology, industry accepted employment multipliers are applied to the developable square feet of each DRI on a phase per phase basis, which yield an affordable housing demand using the ECFRPC methodology. This demand is then applied to the available supply prior to evaluating the affordable housing demand from the Pine Air Lakes DRI on the remaining supply in the market. The figures are provided in the attached Appendix. Question 4: In the table "Pine Air Lakes DRI Rental Unit Estimates by Rent Asked" a) How is the presented data limited to the I0mile 120minute `housing supply area "? Please elaborate on the methodology used to limit said data b) Which census table is the data taken from Response: The data is limited to the "housing area" by utilizing the Census based mapping program iSite. Data is taken from the following census tables: H7, H8, and H59. The methodology used to apply the data to the 10- mile /20- minute market is provided below. According to the 2000 census there were 144,536 total housing units in Collier County, of which 41,563 were vacant rental units. The ECFRPC methodology precludes the use of the first 5% of vacancies. Therefore 1.72% (2,485) of the total housing units in Collier County were assumed to be vacant for -rent. This ratio of vacant for -rent units to total housing units for Collier County is then applied to the total number of housing units in the 20- minute radius to get an estimated number of vacant for -rent units in the 20- minute radius. With 88,041 total housing units in the 20- minute radius, the total number of vacant for -rent units is approximately 2,033. The percentage of Collier County vacant for -rent units at each price point is then calculated and the resulting ratios are applied to the total number of vacant for -rent units in the 20- minute radius to determine the supply of vacant for -rent units at each price point. To remain conservative, partial units are rounded down to the nearest whole unit resulting in 2,024 vacant for -rent units distributed across the range of price points. This figure represents the total number of vacant for -rent units available annually. Agenua item P o. S January 23. 2007 Paae "'H5 of 150 Question S; ECFRPC Methodology limits the use of Census data to two years... Please use alternate method of computing data where Census 2000 has been used? Response: Per the accepted methodology provided in the pre - application document submitted, the source data for rental units was applied properly. As stated in the pre- application methodology: "In the event that local rental unit vacancy rate data is unavailable, the 2000 Census data will be used." Question 6: Please provide the data from the Collier County Property Appraiser's office that was used for Table 24.B.2a For -Sale Supply Response: The supply for the revised analysis is provided herein. Ouestion 7: ECFRPC methodology states sales data from the Property Appraiser's Office should be limited to recent 12 month time period a) is the presented data limited to recent 12 month period? Response: The revised analysis enclosed used the most recent 12 month sales data as recorded by the Collier County Property Appraiser. Question 8: At this point in the housing analysis the applicant can answer the above questions or committee to the standard recommendations to mitigate the affordable housing. Fishkind & Associates, inc. (the Developer's Consultant) has conferred with both the Regional Planning Council Staff (Dan Trescott) and the housing development manager for Collier County's Housing and Urban Development Department (Cormac Giblin) to first confirm that the affordable housing analysis is only performed on the additional commercial square footage being requested since the original DRI approval accounted for the affordable housing requirement for the initial 957,000 square feet. Agenda Itern No. SC January 23; 2007 Page 130 of 159 Both the RPC staff and Collier County staff agreed that the affordable housing requirement for this substantial deviation would be measured on the requested additional square footage. The new total square footage is 1,075,000 and the initial approved DRI was 957,000 square feet. The additional square footage requested is 118,000. Based on the current commercial mitigation amount of $0.50 per square foot of commercial space, the amount due to mitigate the affordable housing requirement is $59,000. The Applicant is willing to agree to this amount. According to Cormac Giblin of the Collier County Housing and Urban Development Department, that amount is paid at Certificate of Occupancy (C.O.) for each building as they are constructed. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW' WWW.COLLIERGOV.NET Agenda Item No. 3C January 23. %00 2800 NORTH HORSESHOE DkWI! 137 of ' 59 NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 DOA - 2005 -AR -8543 PROJECT 919990038 DATE: 11/1/05 PRE - APPLICATION MEETING NOTES MICHAEL BOSI DRI Develop Date: !>?A' OS Time: a�..l0 Firm: Order Amendment Tr tS PROJECT NAME: I , -.t A,.- L r aT A n�tw%htY1 F Applicant Name: K.e,c... l Phone: Owner Name: Phone: Owner Address: City: State: ZIP: State Development Order Number: Assigned Planner L 3J 11 Meeting Attendees: (uffach Sign 1n Sheet) SUBMITTAL REQUIREMENTS (refer to application for additional requirements) 24 Copies of the following: (❑ 1 additional set if located in the Boyshore /Gateway Triangle Redevelopment Area) Completed Collier County Public Hearing Application Pre - application Meeting Notes Site Plan 24 "X 36" and One 8 1/2 X 11 " copy, and one jpg copy (from DRI Development Order) Completed State NOPC Form with all attachments 2 Copies of the following: ❑ Legal Description ❑ List identifying Owner & all parties of corporation ❑ Owner /Agent Affidavit signed & notarized Completed Addressing Checklist Copies of Notices sent to DCA and RPC 4 Copies of the following: ❑ Environmental Impact Statement (EIS) or waiver ❑ Survey, signed & sealed Seven (7) Traffic Impact Statement (TIS) or waiver ❑ Five (5) copies of Recent Aerial Photograph min scaled 1" = 400' ❑ One (1) Electronic copy of all documents in Word format (CD -ROM or Diskette) FEES: Application Fee: $6,000 DRI Development Order NOPC $2,250.00 Comprehensive Planning Consistency Review $150.00 Fire Review Fee n $500 00 U Pre=app licalic ,� f= . (A ppIl, icatic. -S submlted 9 - onIhs or more after the date of the .t a5• pro-app meeting shall not be credited towards application fees and a new pre - application meeting will be required. Aaenda Item No. 8C $72c.'.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice g8ffm Kdples tl` News). Page 133 of 1 t [� $363.00 Legal Advertising Fee for BCC meeting ev e Property Owner Notification fees. Property Owner Notifications $I.00 Non - certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Nleeti.ng Notes PMS, Inc. of Naples January 23 2007 Page 139 of r S�9 Project Management Services 8. The following Transportation sufficiency review questions were inadvertently omitted from the first DRI sufficiency review sent to the RPC. However, the petitioner's agent received a copy of the questions on 12/22/05 and has been asked to respond. The improvements that were outlined in the submitted traffic study need to be discussed and reviewed with transportation staff. The intersections that are projected to operate at an unacceptable LOS will need to be reviewed with staff to outline improvements and additional project traffic. Turn lane improvements discussed in the traffic statement provided should be define as part of this application and included as language to the transportation section of the PUD document. The interconnection to the north was not analyzed in the traffic statement provided. In the initial methodology meeting it was agreed that the interconnection would be reviewed as part of this application. The applicant has agreed to donate $50,000 towards the lighting improvements on Naples Blvd. This language should be added to the PUD and the DRI DO/Resolution. The improvements that were outlined in the submitted traffic study need to be discussed and reviewed with transportation staff. The intersections that are projected to operate at an unacceptable LOS will need to be reviewed with staff to outline improvements and additional project traffic. Driveway analysis on Naples Blvd should be conducted to review optimal on site interconnection and potential signal location. The transportation language should be updated to reflect current conditions. The developer has agreed to purchase and install permanent count stations in lieu of traffic counts. The appropriate language should be added. Response to all Transportation comments: The Traffic Statement has been revised to reflect transportations requests. The PUD document has also been revised per staffs comments. However, the applicant has not agreed to donate $'50, 000 towards the lighting improvements on Naples Blvd, therefore this language has not been added. 2335 Tamiami Trail N., Suite 408, Naples, FL 34103 1(239) 435 -9080 x61 Fax 435-9082/Fmail:jennifereastilloCa)pmsnaples.com - Agenda Item No. 8C ' January 23, 2007 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DkW 140 of 159 DEPT. OF ZONING & LAND DEVELOPMENT REVIEW 19 NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 403 -2400 FAX (239) 643 -6968 DOA- 2005 -AR -8543 PROJECT #19990038 DATE: 1111105 PRE - APPLICATION MEETING NOTES MICHAEL BOSI DR Development Order Amendment Date: ) -?A - 05 Time: o�-d 0 Firm: T r'l S PROJECT NAME: Applicant Name: Kok reel Phone: Owner Name: Phone: Owner Address: City: State: ZIP: State Development Order Number: Assigned Planner )4 J",L f c Meeting Aitenclees: (attach Sign In Sheet) SUBMITTAL REQUIREMENTS (refer to application for additional requirements) 24 Copies of the following: (❑ 1 additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Completed Collier County Public Hearing Application Pre - application Meeting Notes Site Plan 24 "X 36" and One 8 1/2 X 11 " copy, and one ipg copy (from DRI Development Order) [� Completed State NOPC Form with all attachments 2 Copies of the following: ❑ Legal Description ❑ List identifying Owner & all parties of corporation ❑ Owner /Agent Affidavit signed & notarized Completed Addressing Checklist Copies of Notices sent to DCA and RPC 4 Copies of the following: ❑ Environmental Impact Statement (EIS) or waiver ❑ Survey, signed & sealed ® Seven (7) Traffic Impact Statement (TIS) or waiver ❑ Five (5) copies of Recent Aerial Photograph min scaled 1" = 400' ❑ One (1) Electronic copy of all documents in Word format (CD -ROM or Diskette) FEES: Application Fee: $6,000 DR[ Development Order NOPC $2,250.00 Comprehensive Planning Consistency Review $150.00 Fire Review Fee ❑ $500.00 Pre - application fee (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. Agenda Item No. 8C [ ' $72'.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice frleWHb#j s I7y News). Page 142 of 159 [� $363.00 Legal Advertising Fee for BCC meeting [ Property Owner Notification fees. Property Owner Notifications $1.00 Non- certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Mewing Notes PMS, Inc. ofNaples Project Management Services February 24, 2005 SW FL Regional Planning Council Dan Trescott 1926 Victoria Ave Ft. Myers, FL 33901 RE: Pine Air Lakes DRI Dear Dan: . - a Item Pic. SC January 23, 2007 1� REV. 2 DOA- 2005 -AR -8543 PINE AIR LAKES PUD (DRI -84 -5) PROJECT #119990038 DATE: 7/21/06 KAY DESELEM (COMPANION ITEM: PUDZ -A- 2005 -AR -8550) Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14, 2005 was approved. Currently 370,240 square feet of office and commercial uses are completed and an additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. The remaining 344,139 square feet of development rights as well as the requested additional 323,600 square feet will be phased over the next 5 years, with completion in late 2010. We are submitting to you this preapplication conference summary to amend our DRI to request the additional square footage. Please find the following per your request: • Ten (10) Pre - application Summary's w/ attachments • Check for $2500.00 • Authorized agent letters • Receipt & Review Fee Agreement Please call us if you have any questions, or we can address them at the preapp meeting on Monday, February 28h. Agenda Item No. 8C January 23, 2007 Page 144 of 159 Pine Air Lakes DRI Preapplication Conference Summary FORM RPM BSP PREAPP INFO —1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/4884925 PREAPPLICATION CONFERENCE DOCUMENT AND INFORMATION One of the initial steps in the development of regional impact (DRI) review process is the preapplication conference. The preapplication conference is a meeting between various governmental agencies and representatives of the developer that establishes the parameters of the Application for Development Approval (ADA). Pursuant to Paragraph 380.06(7), Florida Statutes, and Rule 9J_2.021, Florida Administrative Code, the information required to conduct the preapplication conference must be made available to the participants in the conference at least ten working days prior to meeting. Note that the following information lists the minimum information for a preapplication conference. The regional planning council may have more stringent information requirements for a preapplication conference, and council staff should be consulted prior to the preparation of a preapplication document. Provide the following information about the proposed development. A. General Information 1) Name of the development. Pine Air Lakes 2) Name, address, and telephone number of the applicant. Landon Group South Jason Wagner, Vice President 800 Seagate Drive, Suite 302 Naples, FL 34103 Phone: 239.261.2995 Fax: 239.261.4278 3) Name, address, and telephone number of the authorized agent. PMS, Inc. of Naples Karen Bishop, President 2335 Tamiami Trail N., Suite 408 Naples, FL 34103 Phone: 239.435.9080 ext 3 Fax: 239.435.9082 AND Pavese Law Firm Neale Montgomery 1833 Hendry Street Fort Myers, FL 33901 Phone: 239.334.2195 Fax: 239.332.2243 Agenda item No. 8C January 23, 2007 Page 145 of 159 Pine Air Lakes DRI Preapplication Conference Summary B. Project Description 1) A general description of the project, including proposed land uses and amounts pursuant to the guidelines and standards in Chapter 28 -24, F.A.C. If a preliminary master plan has been developed, please provide. Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14, 2005 was approved. Currently 370,240 square feet of office and commercial uses are completed. An additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. All of the required water management system is permitted through the SFWMD with approximately 80% of the total water management system either completed or under construction and scheduled for completion in late 2005. See Attachment A, Master Site Plan. See Attachment C, Activity Center Map 2) Proposed phasing of the project, including proposed preliminary phasing dates and build -out dates. Pine Air Lakes will be developed in a five -year phase as follows: Phase Years Retail/Office 1 2006 -2010 323,600 C. Site Information 1) Describe the existing land uses and vegetative associations. Provide an aerial photograph of the site. See Attachment B, Aerial Photograph The existing land uses on the 149 acre approved site include a Mixed -Use Commercial/Retail project that lies within Collier County Activity Center No. 13 and has 1.8 acres of upland/wetland preserve. 2) Provide a brief environmental assessment of the site, encompassing such topics as the probable occurrence of wetlands and listed plant and animal species. No rare or endangered plants or animals were found to inhabit the site. There is an existing .4 ac wetland preserve is located at the south end of the site. This preserve will not be impacted by this proposed modification. 3) Indicate which portions of the site, if any, are within the 100 -year floodplain. The subject property is not located within the 100 year floodplain. 4) Provide a letter from the Division of Historical Resources indicating if there are potentially regionally significant historical or archaeological sites on the property. Not Appl.cable. The Ds .v.on of Hsto.. al Resources does not 1st —turat reSQL rC °S on the property. Agenda Item No. 8C January 23, 2007 Page 145 of 150 Pine Air Lakes DRI Preapplication Conference Summary D. Impact Area Information 1) Provide a general location map. Indicate on this map adjacent land uses, the existence of public facilities, regional activity centers, and any existing urban service area boundary. Also indicate on this map any other lands owned or leased by the applicant within two miles. See Attachment E, Location Map See Attachment F, Surrounding Land Uses See Attachment G, Public Facilities Map 2) Using a map, indicate the proximity of this site to regionally significant resources identified in the Regional Policy Plan such as significant bodies of water, wetlands, or wildlife corridors. There are no regionally significant resources identified in the Regional Policy Plan in the proximity of Pine Air Lakes. Map is not applicable. 3) Provide a map of the proposed study area for Question 21 ( Transportation) in the ADA. Indicate the functional classification and number of lanes of all roadways in the study area except residential streets. See Attachment H, NW Transportation Concurrency Management Area Map E. Permitting and Approval Information 1) Indicate if a comprehensive plan amendment will be required for this development. am 2) Provide a list of all permits already applied for or received, specifying the date of application, issuing agency, and function of the permit. SFWMD Permit 11-00715-S ERP SFWMD Permit 11- 00715 -W Water Use SFWMD Permit 11- 02374 -W Dewatering F. Provide a summary of each of the proposed methodologies, assumptions, models, criteria, etc., that will be used to answer ADA questions, particulary Question 12 (Vegetation and Wildlife) and Question 21 (Transportation). The methodologies, assumption, etc., should be specific enough so that once agreement is reached among parties regarding these, everyone involved will have a clear understanding of what will be provided in the ADA. The intent o this agreement is to streamline the review period and decrease the number of insufficiency findings wherever possible. The regional planning council should be consulted prior to the preapplication conference to explain the methodologies acceptable to the region for ADA review. Question 9 — Maps All maps in the ADA will be provided at a scale of 1" = 400'. We are requesting a waiver for maps C, E & G Question 10 —Part 1 & 2 Consistency with Comprehensive Plans 1) A. Describe and discuss in general terms all major elements of the proposed development in its completed form. Include in this discussion the proposed phases (or stages) of development (not to exceed five years), ^.g , da lien' Poo_ SC Janu2r� ?�. -1007 Paae 14' 7 of 159 Pine Air Lakes DRI Preapplication Conference Summary magnitude in the appropriate units from Chapter 28 -24, F.A.C., where applicable, and expected beginning and completion dates for construction. Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build - out date from October 15, 2000 to October 14, 2005 was approved. Currently 370,240 square feet of office and commercial uses are completed. An additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. All of the required water management system is permitted through the SFV,IMD with approximately 80% of the total water management system either completed or under construction and scheduled for completion in late 2005. The remaining 344,139 square feet of development rights as well as the requested additional 323,600 square feet will be phased over the next 5 years, with completion in late 2010. B. Provide a breakdown of the existing and proposed land uses on the site for each phase of development through completion of the project. The developed land uses should be those identified in Section 380.065 1, F.S. and Chapter 28 -24, F.A.C. Use Level III of the Florida Land Use and Cover Classification System: A Technical Report (September 1985), available from each regional planning council. Refer to Maps D (Existing Land Use) and H (Master Plan). Use the format below and treat each land use category as mutually exclusive unless otherwise agreed to at the preapplication conference. See attached Table 10 -1 We have used the updated Florida Land Use, Cover and Forms Classification System handbook that was published in January 1999. Pine Air Lakes DRI °- Preapplication Conference Summary TABLE 10 -1 Existing Land Uses Acres 411 Open Space Buffers/Lakes 140 Road Rights -of -way 940 Preservation 820 Commercial (707,000 approved) 394,698 sf constructed 710 Office (250,000 approved) 13,489 sf constructed 740 Disturbed Land TOTAL Final Land Uses 411 Open Space /Buffers/Lakes 140 Road Rights -of -way 940 Preservation 820 Commercial (707,000 approved) 710 Office 250,000 approved Agenda Item No. 8C January 23, 2007 Page 148 of 159 Avvrox 33.49 10.7 1.81 77.12 25.87 I48.99 33.49 10.7 1.81 77.12 25.87 TOTAL 148.99 Agenda Item No. &C January 23. 2007 Pace 149 Of 159 Pine Air Lakes DRI Preapplication Conference Summary C. Briefly describe previous and existing activities on site. Identify any constraints or special planning consideration that these previous activities have with respect to the proposed development. This 148.99 +/- acre site was originally used for farming and landscape nursery activities. The parcel has been cleared except for the wetland. Approximately 65% of the existing commercial development rights have been constructed with all of the required water management permitted through the SFWMD and approximately 80% of the total required water management system either completed or under construction and scheduled for completion in late 2005. Naples Boulevard has been constructed as a divided four -lane connecter road between Pine Ridge and Airport Roads. The road has a signaled intersection at both Airport and Pine Ridge Road, each with double left turns in and out of the property. Sewer and water lines have been extended through the property with sufficient capacity to service all of the proposed development. A conservation easement has been established for the remaining wetlands and the required buffers. All other major infrastructure elements such as telephone, electrical service, cable and natural gas are in place with sufficient capacity to service all of the proposed development. D. If the development is proposed to contain a shopping center, describe the primary and secondary trade area which the proposed shopping area will serve. For the pre - application meeting, we estimate the following trade areas, subject to our consultants confirmation as we preceed in this process: The Primary Trade Area will be the area generally bounded by Golden Gate Parkway to the South, Vanderbilt Beach Road to the North, I -75 to the East and Goodlette -Frank Road to the West. The Secondary Trade Area will be the area generally bounded by US-41 to the South, Collier Boulevard (CR -951) to the East, Immokalee Road to the North and US-41 to the West, E. Describe, in general terms, how the demand for this project was determined. The demand for the project has been market driven. The initial phases of the development have been well received by large national and regional tenants that purchased properties and constructed stores such as Lowes, Costco, Regal Hollywood 20 Movie Theatres and Best Buy. Recent development has been more local "ill" development that is seeking locations in close proximity to the established retailers. This is evidenced by the Naples Boulevard Car Wash, smaller neighborhood -type conventional shopping centers (2 currently in permitting), the TIB Bank of the Keys building (in permitting) and the Wild Oats anchored shopping center currently under construction. Part 2 Consistency with the Comprehensive Plans A. Demonstrate how the proposed project is consistent with the local comprehensive plan and land development regulations. Indicate whether the proposed project will require an amendment to the adopted local comprehensive plan, including the capital improvements element. If so, please describe the necessary changes. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations. The revision to this application will not require an amendment to the adopted local comprehensive plan, including the capital improvements element. Agenda item No. 8C January 23, 2007 Page 150 of 150 Pine Air Lakes DRI Preapplication Conference Summary B. Describe how the proposed development will meet goals and policies contained in the appropriate Regional Comprehensive Policy Plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the Regional Comprehensive Policy Plan. The revision to this application will continue to meet the goals and policies and will be detailed with the ADA submittal. C. Describe how the proposed development will meet goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S.), including, but not limited to, the goals addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, and agriculture. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S.) The revision to this application will continue to meet the goals and policies addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, agriculture, and will be detailed with the ADA submittal. Ouestion 13 — Wetlands A -1) There is 0.4 acres of wetlands on the property. 2) Hydroperiods and seasonal water elevations of on -site wetlands will be determined and included in our ADA submittal. 3) All wetland on the subject property will be preserved. The proposed modification will not alter the hydroperiod. 4) The on -site wetland is located within an existing conservation easement and has already been enhanced. Additional enhancement is not proposed 5) No wetland impacts are proposed as part of this modification. 6) No wetland impacts are proposed. 7) All wetland preserves are protected by an existing berm. This berm will be maintained to protect the wetland. 8) Jurisdictional delineations were done during the original permitting. The wetland preserves are now located in conservation easements. B) No additional wetland enhancement is proposed. Ouestion 14 — Water A) Generally both ground water and surface water flows around the subject flow from east to west. This has been altered in some areas by the canal located on the east side of Airport Pulling Road. This canal intercepts flows from the east and directs them to the south. The canal also provides an outfall for some lands to west including Pine Air Lakes. The subject property is not located within a groundwater recharge area. Water bodies located downstream of the subject property include the Airport Pulling Road, Canal, Golden Gate Canal, Gordon River and Naples Bay. B) Water quality has been issued by virtue of our SFWMD permit. Changes made with this amendment will not affect water quality. C) The surface water management system will be designed to provide the required treatment and attenuation prior to discharging off site_ ��enda Eier�� lvo. 8C January 23. 2097 Page 151 0 15�-:} Pine Air Lakes DRI Preapplication Conference Summary Ouestion 17 Water Supply A -1) 1. The ADA response to question 17A1 will address water supply. 2. The ADA response to question 17A2, how the demand information was generated, will be addressed. B) The ADA response to question 17B, providing a breakdown of water supply, will be addressed. C) There are existing wells on site that are used for irrigation. D) All proposed wells will be permitted. During the review process the impacts to other wells will be analyzed. No impacts are anticipated. uestion 21 — Transportation The original DRI was approved in 1985, when an extensive analysis was prepared addressing the transportation related impacts of this project. The original DRI was approved for 1,280,600 square feet for retail and office uses. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14, 2005 was approved, The Developer has met the obligations in the original DRI Development Order with respect to off - site roadway improvements. The project has developed with uses that differ in trip generation characteristics that were previously analyzed under the original DRI Transportation analysis. A home improvement superstore (Lowe's), a member only warehouse (Costco) and a multi- screen movie theater are the primary trip generators to date within the project. The peak hour trip . generation of these facilities is much lower than what was originally analyzed. It is the intent of this Substantial Deviation to allow for the conversion of some of the office floor area to retail uses and to permit additional retail floor area while maintaining acceptable trip generation levels. Traffic counts will be collected at all project access drives serving the project site as well as at surrounding intersections within the Study area. A trip generation analysis will then be prepared for the existing uses. The trips remaining (based on the 1994 analysis) will be allocated to retail and office uses, which are anticipated to bring the total floor area permitted in the DRI to approximately 1,280,600 square feet (all uses). Recently approved retail uses within the DRI will also be included in the analysis (Sembler project). The TIS for this project will be referenced for peak hour and daily trip generation. The build -out year for the project will be assumed to be 2010. The analysis will address Question 21 as required. Question 24 — Housing The availability of adequate affordable housing will be assessed using the methodology developed by the East Central Florida Regional Planning Council, as revised by June, 1999. Agenda Item No. 8C January 23, 2007 Page 152 of 159 Pine Air Lakes DRI Preapplication Conference Summary G. Provide a list (or formal written request if required by the Regional Planning Council) of ADA questions, which you wish to have deleted or exempted. Provide a discussion or explanation of why you believe it is appropriate to delete from the ADA for your project. The following ADA questions are not applicable to Pine Air Lakes: Question 11— Revenue Generation Summary Question 12 — Vegetation and Wildlife Question 15 — Soils Question 16 — Floodplains Question 18 —Wastewater Management Question 19 — Stormwater Management Question 20 — Solid Waster/Hazardous Waste/Medical Waste (Developer will maintain standard Conditions) Question 22 — Air Question 23 — Hurricane Preparedness Question 25 — Police and Fire Protection Question 26 —Recreation and Open Space Question 27 —Education Question 28 — Healthcare Question 29 — Energy (Developer will maintain standard conditions) Question 30 — Historical and Archaeological Sites Question 31 — Airports Question 32 — Attractions and Recreation Facilities Question 33 — Hospitals Question 34 —Industrial Plants and Industrial Parks Question 35 — Mining Operations Question 36 — Petroleum Storage Facilities Question 37 — Port and Marina Facilities Question 38 — Schools Agenda Item Pao. 8C January 23, 2007 Pa90 1� NOT TO SCAU iriiuumuummiiiimmiuiuuimuiimimumimmuuu file t(l it If �1 Age a Reif ( h SC Map Output JnWy 2q, 21007 tl-,oe.rlda item fJo. 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E' C C) LO CD Zj 0 co LO 1) L:)-n r 7 s i l., f 4.- J t 1 f r li n s Agenda Item No. 8D January 23, 2007 Page 1 of 64 EXECUTIVE SUMMARY PUDZ-A- 2005 -AR -8550 Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94 -25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres is located along the west side of Airport - Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DOA - 2005 -AR- 8543). OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone petition and render a decision regarding the petition. I - CONSIDERATIONS: The petitioner is seeking to amend an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94 -25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject property is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is being amended in a companion request. FISCAL IMPACT: The PUD amendment, 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 amendment 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. 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 Level 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 Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 1 of 6 Agenda Item No. 8D January 23, 20017 Page 2 of 64 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 applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of 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 (FLUE): The subject property is designated (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses, residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code. Pine Air Lakes is an existing mixed -use commercial /retail project located within Activity Center #13. Activity Centers permit a full array of commercial uses, residential uses, institutional uses and hotel /motel uses at a density consistent with the Land Development Code. The Board of County Commissioners (BCC) approved Development Order 85 -5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area. The Southwest Regional Planning Council appealed the Development Order and the appeal was settled by the BCC adopting Resolution 86 -63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94 -25 changing the square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent amendments were found to be consistent with the 1989 Growth Management Plan, as amended. The applicant employed the firm of Metro Transportation Group, Inc., to conduct a Substantial Deviation Analysis for a Development of Regional Impact Study. The study maintains that the market in Collier County will most likely not support the development of 250,000 square feet of office space. Therefore the developer is seeking to increase the retail floor area and decrease the office floor area as shown in the following chart. Land Use Originally Approved Currently Approved Proposed Developed/ Approved Retail 707,000 707,000 1,000,000 561,202 Office 368,000 250,000 75,000 13,489 Hotel/Institutional. 205,000 1 0 0 0 Total 1,280,600 1 957,000 1,075,000. 574,701 (Measurements are provided in square feet) In addition, a Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of the Development Order Amendment to the Pine Air Lakes DRI. Pursuant to the study the fiscal impacts that the proposed change will have on Collier County are as follows: Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 2 of 6 Agenda Item No. 8D January 23, 2007 Page 3 of 64 The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is $3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impact to the County. For the School District, the project provides a net present value capital benefit of $32.2 million. Collier County, Net Total Fiscal Impact $3,922,544. Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517. Total Ad Valorem Revenue for Collier County $1,947,717. Collier County School District, NPV of Capital Impact $537,884. Average Annual Economic Output in Local Economy at buildout $197,126,731. Average Annual Economic Output in Local Economy during Construction $128,813,361. Total Direct and Indirect Employment Impacts at buildout $6,784. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. (Comprehensive Planning staff's comments are shown in parenthetically italics.) Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made w_ without violating intersection spacing requirements of the Land Development Code. (Provided for in Section I, 1.07, B.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Provided for in Section VII, 7.13, B.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Provided for in Section VII, 7.13 K.) Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE and the GMP FLUM. Transportation Element: The proposed change in use (office to retail) and additional intensity adds approximately 10 percent more project trips to the adjacent roadway network than currently approved. Staff has evaluated the impacts associated with the increase with respect to consistency with Transportation Element Policies 5.1 and 5.2. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. The project can be found consistent with respect to Policies 5.1 and 5.2. Staff has also evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 3 of 6 Agenda Item No. 8D January 23. 2007 Page 4 of 64 3) The existing dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously discussed. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the overall GMP. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. TRANSPORTATION ISSUES: Transportation Review: Transportation Planning Department staff has reviewed the petition and the PUD document and Master Plan that accompanies the request. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. Transportation Planning Department staff has evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. 3) The existing dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on December 21, 2006. Commissioner Tuff made a motion to approve the petition with staff's recommendation (to include the denial of Deviation 1) and the stipulations added by Commissioner Strain. Commissioner Adelstein seconded the motion. The CCPC voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. Those commissioners who voted against the Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 4 of 6 Agenda Item Pilo. 6J January 23, 2007 Page 5 of 64 motion indicated that they had concerns about the project's intensification, perceived additional traffic congestion, and the loss of perceived necessary office space. Those commissioners voting in support of the motion took the opposite stance, noting that the traffic situation would be improved and office uses were more desirable at this location. Commissioner Strain's stipulations are as follows: 1. The remainder of the project's development shall be phased. The first phase shall contain a maximum of 805,000 square feet of floor area, No certificates of occupancy shall be issued for any remaining square footage until the following roadway improvements are fully operational (The PUD document and the DRI development order set forth the exact requirement language): The developer shall extend the north bound left turn lane from Airport Road into Naples Boulevard stacking lane in compliance with the requirements set forth by the Transportation Division and said improvements shall be completed and operational within one year of this PUD Amendment and Development Order amendment approval. The developer shall construct the additional east bound lane on Naples Blvd. heading north onto Airport Road within two years of this PUD Amendment and Development Order amendment approval. 2. The developer shall correct the open space number discrepancy on the master plan. (This revision will be made in conjunction with any other changes that may be directed by the BCC if a recommendation of approval is forthcoming.) LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03 ).05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended by staff are noted below: Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 5 of 6 Agenda item No. 8D January 23, 2007 Page 6 of 84 Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. Con: The petitioner's may be viewed by the surrounding property owners as an intrusion into their neighborhood. Findin ,a: Staff believes the petitioner's commitments to participate in roadway improvements will offset any negative impacts upon the surrounding property owners. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed without this amendment adding square footage. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action or at the proposed use is not contrary to the current land use policies. Con: The perceived higher intensity may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the recommended new transportation improvements and other conditions already contained in the PUD document and the DRI Development should ensure the least amount of adverse impact on adjacent and nearby developments. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- A -2005- AR -8550, except Deviation 1 shall be denied. PREPARED BY: Kay Deselem, A1CP, Principal Planner Department of Zoning and Land Development Review Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 6 of 6 Agenda Itern No- 8D .fanuary 23, 2007 Page 7 of 64 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -�^ Item Number: 8D Item Summary: This item requires that all partimieants be sworn in and ex carte disclosure be provided by Ccrnrnissicr merr.bers. P'DZ -A- 2005 -AR -8550. Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc. of Naples and Richard Yovanovich of Goodiette, CDlema l and Johnson requesting an amendment of the Pine Air Lakes planned Unit Development ;PUD) last rev ed in Ordinance No 94 -25, to ahaw an increase in the maximum devleoprnent area of 957,000 square footage (further limited to ,-07.000 square feet of retail and 250.000 square feet of office), to a maximum total of 1.075.000 square feel (further limited to 1,000 000 square feet of retail space and 75.000 square feet of office use). extend the buildout date from Goober 15, 2005 to October 15, 2010. The subject 146.99 acres, is located along the west side of Airport- PUlling Road, parallel to and approximately 1.500 feet north of Pine Ridge Road and along both sides of Naples 9oulevard, In Section 11 Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DR DOA X005 -AR -8543) Meeting Date: 1/2312007 9.00.00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Zoning & Land Development Review 12/21/2006 7:31:36 AM Environmental Services Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 12!2112006 9:25 AM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 12!2212006 8:36 AM Environmental Services Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 1212212006 12:25 PM Environmental Services Approved By Marjorie I Student Stirling Assistant County Attorney Date County Attorney County Attorney Office 12'27.'2006 8,25 A,M Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 11-127.2006 2.07 PM Approved By Marlene Stewart Executive Secretary Date Community Devolopment & Communii-✓ Development & Environmental Services 12'2S120dc 11 :45 Al Env —rinr ntal Services Admin. Approved By Constance A. Johnson Oe>eratlons P,nilyst Gate Community Development & Community Development R Environmental Services Environmental Sgrvoes Admin. 11372007 8'.31 AM Approved By Community Devclopmen', & Joseph K. Schmitt Environmental S.;rvmes- Adminstrator Date Community Development & Comnt un €ry Development & V i20CI 10;53 A6 Environmental Seri, —c Environmental Services Adrrm, Approved By OMB Coordinator AppGcatloris Analyst Date Adrom,stratiee Services Informa@gn Terhnofogy 1110.2007 9:58 All Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/10/2007 10:11 AM Approved By Jamesv. Mudd County Manager Date Agenda Item No. 8D January 28, 2007 Page 9 of 64 Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 12, 2006 SUBJECT: PUDZ -A- 2005 -AR -8550: AIRPORT ROAD LIMITED PARTNERSHIP, FOR PINE AIR LAKES PUD (COMPANION TO DOA - 2005 -AR -8543) APPLICANT: Mr. Jason Wagner, Vice President Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, F134103 AGENTS: Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N, # 408 Naples, FL 34103 REQUESTED ACTION: Mr. Richard D. Yovanovich, esquire Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commissioner (CCPQ consider an amendment to the PUD zoning that was granted on November 12, 1985, and amended several times in Ordinances 85 -67a, 85 -67b, 92 -1a, 92 -1b, 94 -25 and 01 -44. The subject property is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is being amended in a companion request. GEOGRAPHIC LOCATION: The subject 148.99 acres, is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (see location map on the following page). Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 1 of 8 Agenda Item i,�c. 8D January 23, 2007 Wage 10 of 64 PURPOSE /DESCRIPTION OF PROJECT: The petitioner is seeking an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94 -25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. SURROUNDING LAND USE AND ZONING: North: a car dealership, zone C -4 and various industrial uses on platted lots with an Industrial zoning classification East: Airport- Pulling Road, then a canal, then residential uses within Tall Pines subdivision, with a zoning designation of RSF -3 residential lots South: Various commercial uses with frontage on Pine Ridge Road or Airport- Pulling road or both, with a zoning designation of C -5 West: Industrial uses along Lee Ann Lane and Yahl Street AERIAL MAP Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 2 of 8 Agenda Item No. 8D January 23, 2007 Page 11 of 64 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. Pine Air Lakes is an existing mixed -use commercial /retail project located within Activity Center 413. Activity Centers permit a full array of commercial uses, residential uses, institutional uses and hotel /motel uses at a density consistent with the Land Development Code. The Board of County Commissioners (BCC) approved Development Order 85 -5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area. The Southwest Regional Planning Council appealed the Development Order and the appeal was settled by the BCC adopting Resolution 86 -63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94 -25 changing the square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent amendments were found to be consistent with the 1989, Growth Management Plan, as amended. The applicant employed the firm of Metro Transportation Group, Inc., to conduct a Substantial Deviation Analysis for a Development of Regional Impact Study. The study maintains that the market in Collier County will most likely not support the development of 250,000 square feet of office space. Therefore the developer is seeking to increase the retail floor area and decrease the office floor area as shown in the following chart. Land Use Originally Approved Currently Approved Proposed Developed/ Approved Retail 707,000 707,000 1,000,000 561,202 Office 368,000 250,000 75,000 13,489 Hotel /Institutional 205,000 1 0 1 0 0 Total 1,280,600 1 957,000 1 1,075,000. 574,701 (Measurements are provided in square feet) In addition, A Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of the Development Order Amendment to the Pine Air Lakes DRI. Pursuant to the study the fiscal impacts that the proposed change will have on Collier County are as follows: The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is 53,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impact to the County. For the School District, the project provides a net present value capital benefit of 532.2 million. Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21. 2006 CCPC Page 3 of 8 Agenda iten-, No. 8D January 2?3, 20v7 Pace 12 of 64 Collier County, Net Total Fiscal Impact $3,922,544. Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517. Total Ad Valorem Revenue for Collier County $1,947,717. Collier County School District, NPV of Capital Impact $537,884. Average Annual Economic Output in Local Economy at buildout $197,126,731. Average Annual Economic Output in Local Economy during Construction $128,813,361. Total Direct and Indirect Employment Impacts at buildout $6,784. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. (Comprehensive Planning staff's comments are shown in parenthetically italics.) Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Provided .for in Section I, 1.07, B.) Policy 72: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Provided for in Section VII, 7.13, B.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Provided,for in Section I'll, 7.13 K.) Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE and the GMP FLUM. Transportation Element: Transportation staff has reviewed this project based on the current TIS guidelines and with respect to the Collier County Growth Management Plan Transportation Element and has determined that the project is consistent with the Transportation Element if the PUD document is amended to address the concerns raised regarding PUD Section 7. LI. This issue is discussed in detail in the analysis section of this report. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.13.5 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 canarat� rrnrnm ante anrr ara attarhPri try t}iP ctal =i ra��nrt to�P Fahihit A and Gvhihit P\ the Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 4 of 8 Agenda Item No. 8D January 23, 2007 Page 13 of 64 Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Planning staff has reviewed the petition and the PUD document and Master Plan that accompanies the request, and is recommending approval of this amendment subject to the stipulations in the PUD document, especially staff's wording of PUD Section 7.1.I. The petitioner is not in agreement with staff wording and has proposed alternative language. This issue is discussed in more detail in the Deviation Discussion of Zoning Staff's review Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action (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 list of uses is not proposed to change, per se. The PUD was approved to allow both retail and office uses, and that is still the case. The actual mix of how much of each type— retail and office —is what is proposed to change. The uses were determined to be consistent with the GMP when the original Pine Air Lakes rezoning was approved, and as part of that consistency finding, the uses were deemed to be compatible with the land uses that have been developed or would be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the Pine Air Lakes PUD is already developed or developing with mostly retail uses. The surrounding area uses, consisting of either industrial or commercial uses, have co- existed with this project as it has been developing with seemingly little problems; no changes are proposed to the PUD document that would allow different development. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. There are no "new" land uses proposed in this petition; the intensity of the retail uses is proposed to increase but a decrease in office uses is also proposed to offset any net increase in project intensity. In reviewing the appropriateness of the requested intensity on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding properties as to allowed use intensity, 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. The Master Plan submitted for the PUD does not show project design detail. No buildings have been shown on that plan. The Master Plan is not required to show design detail such as building footprints. Staff does not believe the proposed amendment will affect the finding of compatibility that was made when this PUD was originally approved. Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 5 of 8 Agenda Item No. ED JIanuary 23, 2007 Page 14 of 64. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC for parking requirements. The deviation is found in PUD document Section 7.14.I. The petitioner proposes the following language for this section: Wherever feasible, the Pine Air Lakes project shall interconnect with adjoining neighborhoods or other developments regardless of land use type as described in Policy 7.3 of the Future Land Use Element. However; any parking spaces lost due to these interconnections shall not be required to be replaced. The Developer shall be granted a deviation from the nnirnimum parking requirements set forth in the LDC equal to the lost parking spaces. Transportation staff is concerned about this deviation as is zoning staff. Transportation planning staff notes that there is an LDC amendment pending in the current cycle that if approved, will revise LDC Section 4.04.0l.E. The excerpt essentially states what transportation staff wants in PUD document Section 7.14.I. The LDC amendment states: During the development or redevelopment of commercial or residential projects and all rezone petitions shared access and interconnection shall be required within and to the boundary of the application under review. Should the shared access or interconnection require the removal of existing parking spaces, the applicable development will not be required to mitigate for the pa7-king spaces. The County Manager or designee shall require the shared access and interconnection unless in the professional judgment of the County Manger or designee one of the folloulrrg criteria prohibits this requirerncnt. 1. It is not ph'iwicalh7 or legally possible to provide the shared access or interconnection. 2. The cost associated >i-ith the shared access or interconnection is unreasonable. For this application unreasonable will be considered when the costs exceed the cost ofa typical local road section or is above 10'%0 of the value of the improvements being made to the development 3. The location of eiwirorunentally sensitive lands precludes it and mitigation is not possible. 4. The abutting use is found to be inconipatible itith the existing or proposed use. Staff is concerned about approving a "blanket" deviation such as this language proposes. Staff cannot adequately provide any recommendation to the CCPC or to the BCC for such a deviation because the extent of the deviation or the possible ramifications of approval are not known at this time. The ultimate use of the parcels is not known, thus the amount of required parking for which a deviation would be sought is not known. Staff cannot evaluate a deviation request unless the petitioner provides a LDC citation stating the specific parking space requirement and state what would be provided instead. Staff cannot evaluate the deviation's impacts upon the public health, safety and welfare. Staff believes that if the petitioner wishes to pursue a parking Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 6 of 8 Agenda !tern No. 8rJ' January 23, 2007 Page 15 of 64 deviation beyond what is proposed in the LDC amendment, the deviation should be addressed in another PUD amendment when specific information can be provided. Transportation Planning and Zoning staff members have discussed this issue with the agents. The petitioner's agents are not in agreement with staff's position, citing fear that either the LDC amendment will not pass, or if it does, it may be in a different form, and /or the LDC could later be amended to change the language. This petitioner would then be subject to something other than what is proposed. Staff understands the petitioner's concern with the potentially changing future regulations, but notes that staff has similar concerns with potentially significant but unknown parking space provisions. Zoning and Land Development Review staff has reviewed this deviation and recommends DENIAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health safetv and welfare of the community." NEIGHBORHOOD INFORMATION MEETING (NIM)• The agent for the applicant held the required meeting at the Italian- American Club on January 31, 2006 at 6:30 p.m. Six persons other than the developer's team and county staff attended. Several in attendance identified themselves as surrounding business owners and employees. Of those who spoke, the majority had concerns relative to traffic impacts and interconnection possibilities. Mr. Richard Yovanovich, acting agent for the property owners presented the overall conceptual site plan. Ms. Karen Bishop, acting on behalf of the developer(s), responded that a frontage road is to be constructed on both sides of Naples Boulevard, as well as possible connection improvements from Corporation Boulevard and the Industrial Park. One person objected to the request for increasing the total square footage of the current PUD, citing current traffic congestion and the potential for increased hazardous driving conditions. (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUD -Z-A- 2005 -AR -8550 to the Board of County Commissioners with a recommendation that this amendment be deemed consistent with the GMP, and further that the PUD amendment be approved, with the limitations contained in the PUD document and subject to the amended DRI Development Order. Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 7 of 8 Agenda ltem No. 8D v January 23, 2007 Page 16 of 64 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 2' ). 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN. CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 8 of 8 � N �cza- amps m 1oN � 7 L mom OWAMr*e v www vj" Z ILL - aivtatlam V - uvl>naw H s ~ Z bgtl axe lA!lNiBfON RAAO g "t g p GVW N01ODMAI1 NO tswn tetrad BR g o li n owl tog (Le'Uil �� s� Lii011 aatvu- laoamv � Nvrmtvo ovoa erurnd- �ao�aiv a 011d Qpy a1.GlGppp 3LOY a0C W 2� N. � tuaxy � n q p Lee'tl OvOtl JINMi91L3A7000 n � �1� �`� o� 4i vo wLU W&OWI twv'Nvvxt wfvwl amps m 1oN � 7 L a c� z z 0 N U) co co �Q Q, t .r, in o 00 O N N , N OD �1 1' • �r • OWAMr*e v www vj" Z ILL - aivtatlam V - uvl>naw H s ~ Z bgtl axe lA!lNiBfON RAAO g "t g p GVW N01ODMAI1 NO tswn tetrad BR g o li n owl tog (Le'Uil �� s� Lii011 aatvu- laoamv � Nvrmtvo ovoa erurnd- �ao�aiv a 011d Qpy a1.GlGppp 3LOY a0C W 2� N. � tuaxy � n q p Lee'tl OvOtl JINMi91L3A7000 n � �1� �`� o� 4i vo wLU W&OWI twv'Nvvxt wfvwl a c� z z 0 N U) co co �Q Q, t .r, in o 00 O N N , N OD �1 1' • �r • Agenda Item No. 8D January 23, 2007 Page 18 of 54 Exhibit A REZONE FINDINGS PETITION PUDZ -A- 2005 -AR -8550 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners 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 of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. Con: The petitioner's may be viewed by the surrounding property owners as an intrusion into their neighborhood. Finding: Staff believes the petitioner's commitments to participate in roadway improvements will offset any negative impacts upon the surrounding property owners. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro /Con: Evaluation not applicable. Findings: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro /Con: Evaluation not applicable. Findings: The district boundaries are logically drawn as previously noted. Page 1 of 5 Agenda Item No. 8D January 23, 2007 Page 19 of 64 S. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed without this amendment adding square footage. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action or at the proposed use is not contrary to the current land use policies. Con: The perceived higher intensity may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the recommended new transportation improvements and other conditions already contained in the PUD document and the DRI Development should ensure the least amount of adverse impact on adjacent and nearby developments. 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. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP, requiring neighborhood connection because the petitioner has agreed to create provide interconnections. As noted above, the petitioner has agreed to participate in roadway improvements to offset adverse effects the perceived increased traffic may cause; therefore, approval of this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. The GMP Transportation Element Policy that encourages interconnection to neighborhoods provides a positive effect on public safety because interconnections conserve highway capacity on collector and arterial roadways. Con: As urban intensification occurs, surrounding property owners could perceive there will be negative impacts. EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 2 of 5 Agercia Item No. 3D „anuar,', 23, 2,007 Page 20 of 4 Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place for the most part. Con: Urban intensification could potentially increase area -wide flooding in a severe rainfall event. Findings: 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. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro /Con: Evaluation not applicable Findings: 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 in and equally to all zoning 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. Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: None Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or 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 may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ProlCon: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 3 of 5 Agenda Item No, 8D January 23, 2007 Page 21 of 64 plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro /Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change 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. Pro: The petitioner could finish the development of the commercial PUD within the parameters of the existing PUD document and the DRI Development Order allowance. Con: None. Findings: Any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this amendment request proposes changes that are within the scale of the needs of the neighborhood and County. Con: Nearby property owners may object to the perceived intensification because of concerns about increased traffic congestion. Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and 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. Pro /Con: Evaluation not applicable EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 4 of 5 Agerlua ILern No. JD January 23, 20Q7 Page 22 Of 64 Findings: Because the petitioner is seeking to amend a particular PUD to add square footage to an already approved and partially built project, this analysis is not germane in this petition. 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. Pro /Con: Evaluation not applicable due to existing development. Findings: Any development of this site would require considerable site alteration with the existing or the proposed zoning. 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 LDC regarding Adequate Public Facilities. Pro /Con: Evaluation not applicable Findings: A multi - disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 5 of 5 Agenda Item No. 8D January 23, 2007 Exhibit B Page 23 of 64 PUD FINDINGS PUDZ -A- 2005 -AR -8550 Section 10.02.13.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 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. Pro: The nearby area is developed with industrial or commercial uses and the petitioner amendment would add additional retail square footage to the project. The existing portion of the Pine Air Lakes PUD uses have existed in seeming harmony with the neighborhood and staff does not anticipate that the amendment will change that situation. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. The petitioner has agreed to provide for any increased traffic impacts and address staff's concerns about safety regarding the increased intensity in several ways as noted below: The petitioner has agreed to provide an additional north bound right turn lane from Naples Boulevard to Airport Road, within one year of the PUD Amendment and Development Order Amendment approval if the county requests this improvement (PUD Section 7.14.E.3). The petitioner has agreed to provide an additional one (1) foot sidewalk easement shall be provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage north of Naples Boulevard, at Collier County's request within one year of the PUD Amendment and Development Order Amendment approval (PUD Section 7.14.G). The developer has agreed to the following additional Transportation conditions (PUD Sections 7.14 Q -S): At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will be installed by the developer or at the discretion of Collier County a designated park and ride location will be required in lieu of the shelter. The exact location will be determined during site development plan review and 11411 be constructed within one year of the PUD Amendment and Development Order Amendment approval. Developer shall contribute to Collier County's SCOOT program along Pine Ridge Road to include two additional intersections in the amount not to exceed $50, 000.00. Contribution to Collier County shall be made within one year of the PUD Amendment and Development Order Amendment approval. In lieu of the annual traffic counts for the PUD monitoring requirements, the developer agrees to make a payment to Collier County to install four permanent count stations not to exceed a total of $40,000.00 as per LDC Section 10.02.13. Payment to Collier County shall be made within one year of the PUD Amendment and Development Order Amendment approval. Page 1 of 3 Agenda Item No. 0-D January 23. 2007 Page 24 of 64 The Developer agrees to coordinate the design and coordinate the construction of the interconnection to the north into the industrial park with the owner of Naples Dodge, as shown on exhibit "C ", within one year of the request of Collier County the Developer agrees to provide the appropriate easements. Con: The additional retail square footage may be viewed as having a negative impact upon transportation. Finding: The stipulations included in the PUD document adequately address the impacts from the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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. Pro /Con: Evaluation not applicable. Finding: Documents submitted with the original application provided 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). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Staff's analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 5.2 contain measurable components, however. FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with.the goals, objectives and policies of the GMP as provided for in the adopting 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. Pro /Con: Evaluation not applicable. Page 2 of 3 PUD FINDINGS PUDZ -A- 2005 -AR -8550 EXHIBIT B Agenda item No. 8D January 23, 2007 Page 25 of 64 Finding: Staff analysis as contained in the staff report 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. Pro /Con: Evaluation not applicable. Finding: 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. Pro /Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petitioner has agreed to several transportation conditions as explained above. Con: The surrounding property owners may not perceive that adequate accommodations have been made to address roadway impacts. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro /Con: Evaluation not applicable. Finding: 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. The petitioner is not seeking any deviations as part of the rezoning approval. PUD FINDINGS PUDZ -A- 2005 -AR -8550 EXHIBIT B Page 3 of 3 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET ga Item Igo. 8D �arrjary 23, 2007 Page 26 of 64 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 ARPLMCATI�tQR PUB11C HR�N±GQR._ PUD -TO ixUD_REZ4N #?ICI Z�A) Q P-UR R ZONE (PUDZ} PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER f-UD Z -A - 2005 - A R -8550 PROJECT #19990038 DATE: 10/31/05 MICIIAEL BOSI APPLICANT INFORMAVI NAME OF APPLICANT(S) AIRPORT ROAD LIMITED PARTNERSHIP ADDRESS _ 800 SEAGATE DR., ;1302 _CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239 - 261 -2995 CELL # FAX # 239 - 261 -4278 E -MAIL ADDRESS NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN AND JOHNSON ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239 - 435 -3535 CELL # FAX # ,_.239 -435 -1218 E -MAIL ADDRESS: RYOVANOVICH(aGCJLAW COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Bearing For PUD Rezone 6/14/04 Agenda Item No. 8D January 23, 2007 Page 27 of 64 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP CITY STATE CITY STATE ZIP CITY STATE ZIP ZIP Application For Public Hearing For PUD Rezone 6/14/04 Aoenda Item No. ED �.Jarruary 23, 2007 Page 23 of 64 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership See exhibl-t 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 Ownership 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 Daniel Aronoff is President of Airport Road, Inc. 100% A general pgrtner of Airport Limited Partnership 100% Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8D January 23, 2007 Page 29 of 64 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject properly acquired ❑ leased ❑ Term of lease -yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the Final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of inlerest form. Apptication Por PUbtic Hearing For YUD Rezone 6/14/04 Aaenda Item No. 8D Y'LOCATION1. ED 64 -PROP-MT.. ------- Detailed legal description of the property covered by 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 lost six months, maximum I" to 400' scale) if required to do so of the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 1 —1/A9S 25E Lot: Block: — Subdivision: Plot Book— Page #:_ Property I.D.#. 667600 1723, 6676000274, 66760000369, 66760011.027,66760011302,66760010345,66760010303,66760002120,66760001820, 66760002065 Metes & Bounds Description: See Attached Size of propefty ft. X —ft. = Total Sq. Ft. Acres 148.99 Adch-ess/uenei•al location of subiect property: _Nest and Conti to Airport -oad, parallel to and �pprpx, 1,600 rect 110 *oX. 1,300 feet west, the boundary Jogs south ti-le-1-1-west -a-9--aill appLnx. 1,300 feet, parallel to Pine Ridge Rd. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities V71 Commercial ❑ Industrial ADJACENT, T ZONING AND U - DJACEN Zoning N_ C-A S_ Commercial E_ ROW W MMVFC55 Land use Noples Dodge Various Commercial Does the owner of the subject property owl' 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: — fiat Book— Page 1-rOPerly ILDA#.; Application For Public blearing For PUD Rezoric 6/14/04 Proposed Use (or range of uses) of the property:_ Commercial and Retail Use Originally in 1985 Pfne Air was approved for 1.280 600 square feet A revision was approved-Lin-1 994 altering the square footaraes and uses. We are requesting to increase the square footage by 323,600 squqr2 feet Original PUD Name: Pine Air Lakes Ordinance No.: Ord #94 -25 ^' IVALUATT4N C�tI�I'i2IA Pursuant to Section 10.02.13 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 10 02 13 B} 1. The suitability of the area for the type and pattern of development proposed in relation lo physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pine Air Lakes is an existing Mixed -Use commercial, /retail protect that lies within Collier County Regional Activity Center No. -1 3. Access is along Naples Blvd. from Airport Road to Pine Ridge Road. These roadways have been turned over to the county and all of the required water management system has been permitted through SFWMD with--approx. 80% of the total water management system either completed or under construction 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. WA Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations. "Phis proiect is located in Activity Center No. 13 where uses are suggested to be clustered. The property is located near arterials and provides relief to the North Airport Road. Since it is an approved PUD, it provides consistency with the LDC. The revision to this application will not require an amendment to the adopted local comprehensive plan, including the capital improvements element. Application For Public Bearing For PUD Rezone 6/14/04 ngenua ii @nl No. °D 4. The internal and external compatibility of proposed uses, which conditions may inclu6� nuary 23, 200,7 p y p P Page 32 of 64 restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Since Pine Air is located in an Activity Center and is surrounded by Commercial /Retail Uses it is compatible with the surrounding area 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Approx. 33 acres is reserved tot open space. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. This DRI was originally approved in 1 985 so facilities were built around this area. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The DRI for Pine Air was originally approved for 1,.280,600 square feet. This application is not requesting ci.nymore square footage then preyiously approved. 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. 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. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ® Yes ❑ No 9/2804 If so, what was the nature of that hearing? The DO expiration date was changed, Ivo-rlcE: This application will be considered " tion of "sufficiency" has been made and open" when the determina 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 fora eriod of sic 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 10.03.05.Q.) Application For Public Hearing For PUD Rezone 6+14104 Agenda Item No. 8D January 23, 2007 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Copies Check here If not required 24* 6--24* Completed Application (❑ Pre - Application Meeting Notes (] [g/2"4 * Legible Conceptual Site Plan 24" X 36" ❑ Conceptual Site 1/211 Plan 8 X 11" ❑ f�"24 PUD Document and Master Plan ❑ E2/1 24" x 36" Master Plan ❑ ❑ 2* Warranty Deed or Contract for Sale U 1* Owner /Agent Affidavit, signed & notarized [] ❑ 4 Environmental Impact Statement or waiver ❑ 5* Aerial Photos with Habitat Areas Identified ❑ 4 Utility Provisions Statement with Sketches Traffic Impact Statement or waiver (❑ ❑ 4 Historical Survey or waiver [� ❑ 4 Architectural Rendering of Proposed Structures [� ❑ 4 Boundary Survey, no more than 6 months old(24" x36 ") [ ❑ 4 Copies of State and /or Federal Permits E F-14 Affordable Housing Density Bonus Agreement, if applicable EK 1:9/1 Electronic Copy of PUD Document & Plans ❑ ❑ 1 Copy of Letter notifying the U.S. Postal Service of project Addressing Checklist Required Fees * One addifional copy required rf 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 submittal package. I understand that failure to include all necessa ibmittal information Garay result in the delay of processing this petition. I C -1 - rA�e nt A_ plicant Signature Date Application For Public Hearing For PUD Rezom 6114104 Agenda Item No, SID January 23, 2007 Page 34 of 64 EXHIBIT A PROPERTY OWNERS Airport Road Limited Partnership Sembler /Gaeta Naples Partnership #1, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District EXHIBIT. B A parcel or trac.t.of land lying in Section 11, Township 49 South, Range 25 East, Collier County, Florida, being - described as follows: Commencing at the Northabst' corner of Said 'Section 11, run 5 60027'47• W along tha East ling of said Section 11 a distance of 1318.86 feet; thence S 88047113" W 100.04 feet to the POINT OF BEGINNING and the wosterly right -of -way line of County Road No.31; thence continue S 86047'13" W 2654.06 feet; thence S 01005'27" E 1316.71 feet; thence S 01005118" E 1316.78 feet; thence N 8805131" E 1341.42 feet; thence N 00018'58" W 329.45 feet; thence N 880.50157" E 1245.62 feet to the Westerly right-Of-way line of County Road No.31 thence N 00027118" E along said right -of -way line 984.28 feet; thence N 00027'40" E along said right -of -way line 1318.80 feet to the.K.INT OF BEGINNING: Said parcel or tract containing- 148.99 .acrai, more or less. Subject to easements, restrictions and reservations of record. Bearings based on a bearing of N 00027'47" E on the East line of the NE4 of Section 11, Township 4.9 South, Range 25 East, Collier County, Florida. This description meets the Minimum Technical Standards as set forth by the Florida Board of Land Surveyors, pursuant to Chapter 472.027, Florida Statutes. 0 Agenda iter No. 8D . January 23. 2007 Page 36 of 04 We/I, Daniel J. Aronoff being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including: the 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 We /I further thorize - Richard Yovanovich of Goodlette, Coleman and Johnson to act a our /my representative in any matters regarding this Petition. Signature of Property�ner Airport Road Limited Partnership By: Airport Road, Inc. Its: General Partner By: Daniel J. Aronoff Its: President -------------------------------- Signature of Property Owner ----------------------- - - - - -- -------------------------------- Typed or Printed Name of Owner Typed or Printed Name of Owner Agenda Item No. 8D January 23, 2007 The foregoing instrument was acknowledged before me this r �T� {� day of Page 37 of 64 September, 2005, by Daniel J. Aronoff who is personally known to me or has produced _ __ _____ __ _______ _______as identification. M I C4 iC%i State of Florida County of -Evftr 0,41 V-(- A 03) (Signature of Notary Public - State of Ror da) M Ic 64--t (Print, Type, or Stamp Commissioned Name of Notary Public) Kristine A. MacDonald Notary Public Oakland County My Commission Expires on 1011312011 Aoenda Item No. 8D January 23, 2007 LEGAL DESCRIPTION Page 38 of 64 A parcel or tract.of land lying in Section 11, Township 49 South, flange 25 East, Collier County, Florida, being described as follows: Coar:.encing at tht harthnesi corner cf said Section 11. run 5 00027'47' K along the East line of said Sactioq 11 a distinct of 1.318.86 feet; thence S 890 0'13' u 100.04 feet to the POINT OF EEGIM ING and the w sterly right-of -way line of County F44 d No.31; thence Can tinue S &4047'13' V 2654.06 feet. thence S 01005'27' E 1316.71 feet; thence S 01005'18' E I316.78 feet, thence N C8051'31' E 1341.42 fttt, thence H 00'1191 58" a 374.45 (eet; thence N &9050'57' E 1245.&2 fett to the Westerly right -of -Kay line of Cavnty 904d Ha.31:' thence H OQc27'18" C along slid right -of -Kay line 489.28 feet: thence N 00 27'40' E along said right -of -way line 1310.60 feet to the POINT OF EZUR IRG: Said parcel or tract containing - 148.99 acres. mrt or less. Subject to easementi, restrictions and reservations of record. "Bearings based on a bearing of N 00'27147" E on the East line of the NE'a of Section 11, Township 49 South. flange 25 East. Collier County, Florida. This description av-ets the Hinimum Technical Standard: as set forth by the Florida Board of Land Surveyors, pursuant to Chapter 472.OZ7, Florida Statutes. Pine Air Lakes PU uZ- A- 2005 -AR -5554 Exhibit B Agenda Item No. 8D January 23, 2007 Page 39 of 64 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS, COLLIER COUNTY, FLORIDA AMENDING OR- DINANCE NUMBER 2004 -41, AS AMENDED, TT-IE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLOR- IDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICA- TION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COM- MERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS PINE AIR LAKES CPUD TO ALLOW AN INCREASE IN THE MAXIMUM DEVELOPMENT AREA. THE SUBJECT 148.99 ACRES IS LOCATED ALONG THE, WEST SIDE OF AIRPORT - PULLING ROAD (COUNTY ROAD 31), PARALLEL TO AND APPROXIMATELY 1,600 FEET NORTH OF PINE RIDGE ROAD (COUNTY ROAD 896); AND ALONG BOTH SIDES OF NAPLES BOULEVARD, IN SEC- TION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94 -25, THE PINE AIR LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Airport Road Limited Partnership, represented by Karen Bishop, of P.M,S, Inc., of Naples and Richard Yovanovich, of Goodlette, Coletnan and Johnson, P.A., 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 COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 49 South, Range 25 East, Collier County, Florida, is changed from Planned Unit De- velopment (PUD) to Commercial Planned Unit Development (CPUD) known as the Pine Air Lakes CPUD in accordance with the CPUD Document, a €[ached 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, as amended, the Collier County Land Devel- oprnent Code, Ware hereby amended accordingly. SECTION TWO; Ordinance Number 94 -25, known as the Pine Air Lakes PUD, adopted on May 10, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety, Petition Number PUDZ- 2005 -AR -8550 Page 1 of 2 Agenda Item No. 8D January 23, 2007 Page 40 of 64 SECTION THREE: This Ordinance shall become effective upon filing with the Departtnent of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ATTEST: DWIGHT E. BROCK, CLERK 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN Approved as to form and legal sufficiency Majori&M. Student - Stirling Assistant County Attorney Petition Niunber PLJDZ- 2.005 -AIZ -8550 Page 2 of 2 Agenda Item No. 8D January 23, 2007 Page 41 of 64 PINE AIR LAKES A PLANNED UNIT DEVELOPMENT m AIRPORT ROAD LIMITED PARTNERSHIP AMENDED BY: Goodlette Coleman & Johnson 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 ORIGNINAL ORDINANCE NUMBER 85 -67 DATE ISSUED 11/12/85 DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 94 -25 PUD document from county attorney 12- 22- 06.doc TABLE OF CONTENTS SUBJECT Property Ownership and Description Statement of Compliance Project Development Office Regional Commercial Lake /Open Space Development Standards Utility Services PUD Master Plan Legal Description PUD document from county attorney 12- 22- 06.doc I SECTION Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Section "A" Exhibit "B" Agenda !tern No. 8D January 23, 2007 Page 42 of 64 Agenda item No. 6D January 23, 2007 Page 43 of 64 PROPERTY OWNERSHIP AND DESCRIPTION SECTION I 1.01 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 Pine Air Lakes. 1.02 INTRODUCTION It is the intent of Airport Road Limited Partnership, a Florida limited partnership (here and after to be called Applicant) to amend a Planned Unit Development on approximately 150 acres of property located in northwest Collier County, Florida. 1.03 NAME The development will be known as Pine Air Lakes. 1.04 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, FL 34103 1.05 UNIFIED CONTROL The property being submitted for rezoning is under the unified control of Airport Road Limited Partnership. 1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in northwest Collier County, Section 11, Township 49 south, Range 25 east. The complete legal description is set forth in Exhibit "B ". 1.07 GENERAL LOCATION A. The subject property is west of and contiguous to Airport Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; approximately 1,300 feet west, the boundary jogs south then west again approximately 1,300 feet, parallel to Pine Ridge Road. B. Four (4) accesses to the development will be provided as conceptually depicted on Exhibit "A ". Three (3) entrances will have access from Airport Road and one (1) access will be from Pine Ridge Road, taking advantage of the existing Naples Boulevard. Pine Ridge Road is scheduled to be the primary access into western Collier County from Interstate 75. Regional access to the Pine Air Lakes development will be via Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation Corridors. Developers and property owners are to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code as described in Policy 7.1 of the Future Land Use Element. 1.08 EXISTING ELEVATION The +/- 150 acres of land which Pine Air Lakes is comprised of has an average elevation of plus 10.0 feet above sea level. 1.09 EXISTING SOIL TYPES The Pine Air Lakes site is composed of five (5) soil types as identified by the U.S.D.A. Soil Conservation Service in their report titled, "Soil Survey, PUD document from county attorney 12- 22- 06.doc 2 Agenda Item No. &D January 23, 2007 Page 44 of 64 Detailed Reconnaissance. Collier County. Florida. Series 1942. No. 8, issued March 1954. " The site is primarily composed of Keri Fine Sand approximately forty -five percent (45 %) and Charlotte Fine Sand approximately eighteen percent (18 %). The Arzell Fine Sand, Cypress Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty -seven percent (37 %) of the Pine Air Lakes CPUD site. The Ochopee Fine Sand Marl (shallow phase) is characterized by a shallow depth to rock which is typified by its exposure in the roadway Swale along Pine Ridge Road (south of the project site). 1.10 EXISTING VEGETATION The site area has been historically stripped of native vegetation and utilized for agricultural and horticultural purposes. The only remaining native vegetation exists in the cypress head areas, (this has been designated "S.T." by the County Environmentalist), approximately in the center of the southern property line. The cypress ( "S.T. ") area will be left in its natural state under the proposed Pine Air Lakes CPUD Master Plan. The historical agricultural uses of the property supports a request for waiver of the Environmental Impact Statement (E.I.S.) commonly required by the Land Development Code. The request for a waiver has been filed with the County Environmentalist. NOTE: See Benedict's Letter. 1.1 1 OPEN SPACE. A minimum of thirty percent (30 %) of total acres shall be provided. (44.7 acres) 1.81 acres are provided in S.T. acres and 32.64 acres are provided in Lakes /Open Space. The open space to be within the developed parcels along with the S.T. and Lake /Open Space parcels will either meet or exceed the required acreage. PUD document from county attorney 12- 22- 06.doc 3 Agenda Item No. 8D January 23, 2007 Page 45 of 64 STATEMENT OF COMPLIANCE SECTION Il 2.01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes Commercial Planned Unit Development compliance with the Collier County Comprehensive Plan. 2.02 STATEMENT OF COMPLIANCE The development of approximately 150 acres of property in, northwest Collier County, Florida, Section 11 (eleven), Township 49 south, Range 25 east, as a Planned Unit Development to be known as Pine Air Lakes will comply with the planning and development objectives of Collier County. A. This project is a Development of Regional Impact that predates the adoption of the 1989 Growth Management Plan for Collier County. As such, it was deemed to have vested zoning rights through the Zoning Re- evaluation Program described in former Policy 3.1K of the Future Land Use Element. B. Properties that have been found to have vested zoning rights are deemed consistent with the Future Land Use Element (reference Policy 5.9, FLUE). Policy 5.1 of the Future Land Use Element allows changes to such projects, provided the intensity of development is not increased. PUD document from county attorney 12- 22- 06.doc 4 Agenda Item No. 8D .January 28. 20017 Page 46 of 64 PROJECT DEVELOPMENT SECTION III 3.01 PURPOSE The purpose of this section is to delineate and generally describe the project plan of development and general conditions of the Pine Air Lakes Project. 3.02 GENERAL A. Regulations for development of Pine Air Lakes shall be in accordance with the contents of this document, CPUD- Commercial Planned Unit Development District and other applicable sections and parts of the "Collier County Land Development Code ". B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code. 3.03 TRACT DEVELOPMENT The development of separate tracts shall comply with the Collier County Land Development Code, when applicable. 3.04 PROJECT PLAN AND LAND USE PARCELS A. The project plan including the location of roadways, general circulation, and the land use is illustrated graphically and conceptually on the CPUD Master Plan (Exhibit "A "). B. Areas illustrated as Lakes /Open Space on Exhibit "A" are illustrative only, and are subject to relocation and reconfiguration. These areas may be constructed as lakes or open space. A portion of the lakes may be constructed as shallow, intermittent dry depressions for water detention purposes. C. In addition to the various areas shown on Exhibit "A ", such easements (utility, private, semi - public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project users. D. Adjacent parcels, whether owned by the same or different entities, shall be permitted to be developed under a Unified Development Plan as a single shopping center or single office complex with common and shared parking areas, access drives, utilities, entries, common areas and other facilities typically contained within a shopping center or office complex. Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers. Additionally, buildings within the Unified Development Plan shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjacent buildings. 3.05 BUFFERS A. All parcels within the Pine Air Lakes development adjacent to interior roads shall provide a minimum fifteen (15) foot wide landscape strip buffer. (Excluding parcels designated Lakes /Open Space.) PUD document from county attorney 12- 22- 06.doc 5 Agenda Item No. 8D January 23. 2007 Page 47 of 64 B. A minimum buffer fifteen (15) feet wide will be provided along all parcels (except Lake /Open Space parcels) which are adjacent to surrounding land presently zoned industrial /commercial. A minimum twenty (20) foot buffer will be provided along Airport Road. C. All other buffers shall meet the minimum standards of the Land Development Code in effect at the time of development of the parcel. D. No parking, outside display signs, or other structures shall be located within buffers. 3.06 SPECIAL TREATMENT (S. T.) REGULATION The S. T. zoning overlay is removed and the approximate 1.8 acres of wetlands shall be preserved as a separate tract or easement, with protective covenants. An average twenty -five (25) foot setback will be provided around the wetlands area. No parking, outside displays, signs or structures shall be located within the setback around the wetlands area. 3.07 CPUD SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 04.07.01 of the Collier County Land Development Code shall apply to the development of platted tracts or other parcels of land prior to issuance of a building permit or other development order. 3.08 DEVELOPMENT PLAN ADJUSTMENT Minor variations in acreage, roadway, lakes and tract boundaries, as shown on CPUD Master Plan shall be permitted at final design to accommodate topography, vegetation, and other site conditions. Minor variations shall be defined as in the Land Development Code in effect at the time such variation is requested. 3.09 MAXIMUM SQUARE FOOTAGE USES: The maximum square footage to be constructed within the CPUD shall be as follows. The permitted uses for each category of use shall be as set forth herein in Section 4 with respect to Office Uses and in Section 5 with respect to Regional Commercial /Retail Uses. Category Square Feet Regional Commercial /Retail 1,000,000 Office 75.000 Total 1,075,000 3.10 CONVERSION BETWEEN USE CATEGORIES Notwithstanding the maximum square footage uses set forth in Paragraph 3.09 above, the Developer shall have the right to; Convert office space into retail space or retail space into office space, with the conversion rate between the different uses to be set forth as follows (the conversion rate has been determined by an equivalent trip generation analysis). Up to 50,000 square feet of office area can be converted into retail area at the rate of 100 square feet of additional retail area for every 420 square feet of office area converted. Additionally, up to 50,000 square feet of retail area can be converted into office area at the rate of 100 square feet of additional office area for every 24 square feet of retail area converted. The maximum square footage allowed is 1,075,000. PUD document from county attorney 12- 22- 06.doc Agenda item roc. 8D January 23, 2007 Page 48 of 64 OFFICE SECTION IV 4.01 PURPOSE. The purpose of this section is to indicate the development plan land regulations for any part of the site to be developed for office uses. 4.02 PERMITTED USES AND STRUCTURES. No building or structure or part thereof shall be erected, altered, or used, or land or water used, in whole or in part for other than the following: 4.03 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Business and professional offices; banks; financial institutions. 2) Churches and other places of worship; civic and cultural facilities; colleges, universities and schools. 3) Funeral homes. 4) Homes for the aged; hospitals; hospices and sanitoriums. 5) Medical laboratories; medical clinics; medical offices for humans; mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Real estate offices; research design and development activities; rest homes; convalescent centers; and nursing homes. 8) Laboratories, provided that: a) No odor, noise, etc., detectable to normal senses from off the premises are generated; b) All work is done within enclosed structures; and c) No product is manufactured or sold, except incidental to development activities. 9) Transportation, communication and utility offices - not including storage of equipment. 10) Any professional or commercial use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. 4.04 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. 3) Multi -story parking. 4) Water management structures and facilities. 4.05 REGULATIONS 405.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel boundaries. 405.02 Minimum Parcel Area - Twenty thousand (20.000) square feet. PUD document from county attorney 12- 22- 06.doc 7 Agenda Item No. 8D January 23, 2007 Page 49 of 64 ` 405.03 Minimum Parcel Width - One hundred (100) feet. 405.04 Minimum Yard Requirements - abutting the roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard - Twenty -five (25) feet. b) Side Yard - Fifteen (15) feet with unobstructed passage from front to rear yard. c) Rear Yard - Fifteen (15) feet. d) Minimum Yard Requirement From Any Residentially Zoned or Use Property: Twenty -five (25) feet. 405.05 Maximum Height - Five (5) stories or fifty (50) feet, whichever is greater over a maximum of two (2) levels of parking. Ten (10) stories or one hundred (100) feet, whichever is greater over two (2) levels of parking may be approved through Site Development Plan Approval and by the Planning Commission. 405.06 Minimum Floor Area of Structures - One thousand (1,000) square feet per building on the ground floor. 405.07 Minimum Distance Between Structures - Thirty (30) feet or one -half (1/2) the sum of the height, whichever is greater. 4.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 4.07 MINIMUM OFF - STREET PARKING AND OFF - STREET PARKING LOADING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 4.08 MINIMUM LANDSCAPING REQUIREMENTS As permitted or required by the Land Development Code in effect a the time a permit is requested. 4.09 MINIMUM LANDSCAPE /BUFFER AREA Defined in Section 3.05 of this Document. PUD document from county attorney 12- 22- 06.doc 8 Agenda `tern No. SD January 23, 2007 Page 50 of 64 REGIONAL COMMERCIAL SECTION V 5.01 PURPOSE The purpose of this section is to indicate the development plan land regulations for the areas designated on Regional Commercial. In order to ensure that regional retail is achieved, there will be a minimum of two individual retail uses with a minimum of 70,000 square feet of gross leasable area (GLA) each. These three uses, along with a majority of the commercial uses shall be restricted to uses herein which also would be within Division G, Standard Industrial Classification Manual, 1987 publication. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or eater used, in whole or in part, for other than the following. 5.03 PERMITTED USES The following uses are expressly permitted when done in accordance with the general intent of this ordinance: a) Antique shops 5932; appliance stores 5722; art galleries 5999, 8412; art studios 8999, art supply shops 5199; assembly in enclosed building 3549; auction house 5999; automobile parts stores 5531, automobile service stations with repairs in enclosed building 5541; automobile sales, and associated service departments, 5541, 5511; alcoholic beverage sales, including sales for consumption on or off the premises 5813, 5921. b) Banks and financial institutions Major Groups 60, 61, 62, 67; barber and beauty shops 7231, 7241; bath supply stores 5719, bicycle sales and services 7699 (excluding Cesspool cleaning), 5941.. 5091, 5571; blueprint shops 7334; boat sales - with inside storage 5551, 5091; bookbinders 2789, 2732; book stores 5192, 5961; business (i.e. Xerox) machine services 7359, 7629; bakery shops, including baking only when incidental to retail sales from the premises 5461; business offices 8741. 8742, 8748. c) Carpet and floor covering sales which may include limited storage (not to exceed 50% of retail sales area) 5713, 5023; enclosed car washes 7542; clothing stores 5137, 5651, 5611, 5932, 5136. 5621; cocktail lounges 5813; commercial recreation uses- indoor 7999 (excluding animal shows, bath houses, circus companies, shooting ranges /galleries, skeet shooting): commercial schools 8222, 8211, 8221; communications services and equipment repair 5065; confectionery and candy stores 5441, 5145; churches and other places of worship 8661; civil and cultural facilities 8641, 8299, 8611, 8621; colleges, universities and schools 8211, 8221, 8222, 8299, 8243, 8244, 8249; child care centers 8351; convalescent centers 8059, 8051, children's homes 8361. d) Department stores 5311; dry goods stores 5131, 5999: drapery shops 5023, 5714, delicatessens 5461, drug stores 5912, 5122, dry cleaning - collecting and delivering only 7212. (Minimal on -site pressing and spotting permitted). PUD document from county attorney 12- 22- 06.doc 9 Agenda Item No. SID January 23, 2007 Page 51 of 64 e) Electrical supply stores 5063; equipment rentals - including lawn mowers, power saws, etc. without outside storage and display 7359; employment agencies 7361, 7819, 7922 (excluding burlesques companies), 7363. f) Fish markets (retail) 5421, 5146; florist shops 5992, 5193; fraternal and social clubs 8641; funeral homes 7261 (excluding crematories); furniture refinishing 7641; furniture stores 5712, 5021; furrier shops 5632. g) Garden supply stores, which can include outside displays, gift shops 5261; glass and mirror sales 5231, 5719; gourmet shops 5499, 5411; gunsmiths 7699 (excluding cesspool cleaning). h) Hardware stores 5251; hat cleaning and blocking 7251; health food stores 5499; health clubs /fitness centers 7991; hobby supply stores 5092, 5945; hospitals and hospices 8069, 8062. i) Ice cream shops 5451, 5143; ice sales (not including ice plants) 5143, 5999. j) Jewelry stores 5094, 5944, 5632. k) Kitchenware shops 5719. 1) Laundries 7211; lawn maintenance shops no outside maintenance 7699; leather goods 5199, 5948; legitimate theaters 7922 (excluding burlesque companies); light manufacturing or processing (including food processing, but not slaughter house) Major Group 23 (excluding 2371) & 39. Packaging or fabricating in completely enclosed building 2671.Linen supply shops 7213; liquor stores 5921, 5182; and locksmiths 7699; lithographing 2752; laboratories; provided no odor, noise, vibrations or other nuisance detectable to normal senses from off the premises are generated 7819, 8734, 8071, 8072. m) Marinas 4493; markets - food of every type 5411; medical office and clinics 8041, 8021, 8042, 8031, 8011, 8043, 8093; millinery shops 5632, 5131; miscellaneous uses such as mail express office, telephone exchange 7331, 5999; motion picture theaters 7832; motorcycle sales and service 5571, 7699 (excluding cesspool cleaning), 5012; museums 8412; music stores 5735, 5736; mortgage brokers 6162, 6163; motels 7011; meat, fish and poultry markets 5421, 5499. n) Newspaper stores 5994. o) Office Supply stores 5112, 5943. p) Paint and wallpaper stores 52' 3 1; parking garages (enclosed) 7521; pest control service 7342; pet shops 5999; pet supply shops 5999, 5149, 5199; photographic equipment stores 5043, 5946; plumbing shop 5074; plumbing supplies 5074; pottery stores 5719; poultry markets 5499; printing 2732, 2752,2759; publishing or similar establishments 2741, 2731, 2711, 2721; private clubs 7997; professional offices 8741, 8742, 8748; post offices 4311, 7389. q) Quilt shops 5949. r) Radio and television stations and transmitters 4832, 4833; radio and television sales and services 5731, 7622; interior non- destructive and design labs 8711, 8712; rest homes 8059, 8361; PUD document from county attorney 12- 22- 06.doc 10 Agenda Item No. 8D January 23, 2007 Paae 52 of 64 5.04 PERMITTED ACCESSORY USES AND STRUCTURES. Accessory uses and structures customarily associated with uses pennitted in this district: 1) Caretaker residence. 2) Water management structures and facilities. 3) Customary accessory uses and structures. 5.05 REGULATIONS 505.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel boundaries. There shall be no outside overnight storage or display on any parcels in this section. 505.02 Minimum Parcel Area - As determined at the time of Preliminary Site Development Plan review. 505.03 Minimum Parcel Width - As detennined at the time of Preliminary Site Development Plan review. 505.04 Minimum Yard Requirements - The parcel sides abutting the roadway within the Pine Air Lakes, Development and Airport Road to the west of the development shall be front yards. Those parcels shall conform to the minimum yard PUD document from county attorney 12- 22- 06.doc 11 restaurants including fast food restaurants with drive through window service 5812; real estate offices 6531; research, design and development planning facilities 8748. s) Service establishments catering to commerce and industry 7389; sign company 3993, 5046, 5099; sign painting shops 3993; shoe repair 7251; shoe stores 5661; shopping centers (including regional facilities) Major Group 53, 56, 57, 58, 59; souvenier stores 5947; stationery stores 5943; supermarkets 5411; swimming pool maintenance shops 7389; sanitoriums 806' ); schools 8211, 8249. t) Tailor shops 7219, 5699; taxidermists 7699; tile sales — ceramic tile 5211, 5032; tobacco shops 5159, 5194, 5993; toy shops 5945, 5092; tropical fish stores 5999, transportation terminals without outside storage of vehicles or equipment 4231; taverns 5813. u) Upholstery shops 5714. v) Variety stores 5331, vehicle rentals 7514, 4119; veterinarian offices and clinics — no outside kennels 0742; vocational, technical, trade or industrial schools 8211, 8249. w) Water bed sales 5712, 5021. x) X -ray clinics 8071. y) Yacht sales 7389. 5551. z) Any other commercial, which is compatible in nature with the foregoing uses and which the Board of Zoning Apeals determines to be consistent with the purpose of the district. aa) All uses allowed in Section IV. *All references to numbers in this Section are understood to be to Standard Industrial Classification Groups. 5.04 PERMITTED ACCESSORY USES AND STRUCTURES. Accessory uses and structures customarily associated with uses pennitted in this district: 1) Caretaker residence. 2) Water management structures and facilities. 3) Customary accessory uses and structures. 5.05 REGULATIONS 505.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel boundaries. There shall be no outside overnight storage or display on any parcels in this section. 505.02 Minimum Parcel Area - As determined at the time of Preliminary Site Development Plan review. 505.03 Minimum Parcel Width - As detennined at the time of Preliminary Site Development Plan review. 505.04 Minimum Yard Requirements - The parcel sides abutting the roadway within the Pine Air Lakes, Development and Airport Road to the west of the development shall be front yards. Those parcels shall conform to the minimum yard PUD document from county attorney 12- 22- 06.doc 11 Agenda Item No. 8D January 23, 2007 Page 53 of 64 requirement of Section 4.05.4 of the Document. All other parcels in this Section shall conform to the following: a) Front Yard - Twenty -five (25) feet. b) Side Yard and Rear Yard - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. c) Other parcel boundaries fifteen (15) feet. 505.05 Maximum Height - Three (3) stories or thirty -five (35) feet, whichever is greater. 505.06 Minimum Floor Area of Principal Structures - One thousand (1,000) square feet per building on the ground floor. 505.07 Minimum Distance Between Structures, - Same as side yard setback. 5.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 5.07 MINIMUM OFF - STREET PARKING AND OFF - STREET LOADING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 5.08 MINIMUM LANDSCAPING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 5.09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3.05 of this Document. PUD document from county attorney 12- 22- 06.doc 12 Agenda item No. 8D January 23. 2007 Pace 54 of 64 LAKE /OPEN SPACE SECTION VI 6.01 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas to be utilized for Lakes /Open Space. 6.02 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 6.03 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Sidewalks constructed for purposes of access to or passage through common areas. 2) Lakes and other storm water management facilities or uses to serve for the water management and drainage of project. 3) Picnic areas, parks and passive recreation areas. 4) Small buildings, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 5) Small docks, piers or other such facilities constructed for purposes of lake recreation for project occupants or members. 6) Decks and platforms associated with restaurant and entertainment facilities on adjacent parcels shall be allowed to project into Lake /Open Space parcels. 7) A lake /open space parcel may be considered a buffer for developed parcels if it is adjacent to the parcel. 8) Any other open space activity which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. 6.04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures customarily associated with the uses permitted in this district. 1) Customary accessory uses of recreational facilities. 2) Any other recreational use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. PUD document from county attorney 12- 22- 06.doc 13 Agenda Item No. 8D January 23, 2007 Page 55 of 64 6.05 REGULATIONS 605.01 General — All yards, setbacks, etc., shall be in relation to the individual parcel. 605.02 Minimum Lot Area: None 605.03 Minimum Lot Width: None 605.04 Minimum Yard Requirements: Abutting the arterial roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard: Fifty (50) Feet b) Side Yard: Thirty (30) Feet c) Rear Yard: Fifty (50) Feet 605.05 Maximum Height of Structures: Thirty -five (35) feet unless otherwise approved during Development Review. 6.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.07 MINIMUM OFF - STREET PARKING AND OFF - STREET LOADING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.08 MINIMUM LANDSCAPING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.09 MINIMUM LANDSCAPE /BUFFER AREA Defined in Section 3.05 of this Document. PUD document from county attorney 12- 22- 06.doc 14 Aces to Item No. 8D January 23, 2007 Page 56 of 64 DEVELOPMENT STANDARDS SECTION VII 7.01 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 7.02 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Land Development Code shall apply to this project. 7.03 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A" illustrates the proposed development. B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. 7.04 CLEARING. GRADING. EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. 7.05 STREETS All streets shall be dedicated to the public. The petitioner wishes to reserve the right to maintain and landscape the unpaved portions of the right -of -way for roads within the project subject to the approval of the Development Services Director. All public street design and construction shall meet the Collier County standards that are in effect at the time of approval. 7.06 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 7.07 HOUSING To satisfy the project's affordable housing impacts cumulatively the applicant's mitigation for commercial and office uses shall be 5206,424.00. These funds shall be paid to Collier County Affordable Housing Trust Fund at issuance of building pen-nit. If more than one building permit is involved, then the payments shall be prorated on a .50 cent per square foot basis and a portion collected at the time each building permit is issued. PUD document from county attorney 12- 22- 06.doc 15 Agenda Item No, 8D January 23, 2007 Page 57 of 64 7.08 LANDSCAPING A) For off - street parking areas - All landscaping for off - street parking areas shall be in accordance with the appropriate portion of the Land Development Code. B). For Naples Boulevard Land Improvements — The Pine Air Lakes CDD shall complete the installation of the Naples Boulevard. right -of -way landscaping as approved by Collier County Transportation Mode Department but will be limited to $400,000.00 in cost. The Pine Air Lakes CDD shall maintain the right -of -way landscaping in perpertuity. The installation shall take place within one year of this PUD amendment and the companion DRI Development Order amendment approval. 7.09 ARCHITECTURAL DESIGN REVIEW The petitioner intends to create an association to review individual parcel layout and architecture prior to the improvement of any parcel. 7.10 COMMON AREA MANAGEMENT The petitioner intends to convey the common areas, including the water retention and surface water management structures, to Pine Air Foundation, Inc., a Florida not - for -profit corporation, which will be responsible for implementation of the surface water management plan and have authority to assess the other lands within the district for the costs of such maintenance. The petitioner would also grant an easement to Collier County with respect to the surface water management system so that the County could operate and maintain the system in the event the Foundation fails to do so. 7.11 ENVIRONMENTAL The Environmental Advisory Council stipulations: A. A site clearing plan shall be submitted to the Natural Resources Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native 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 on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, all archaeological or historical site, artifact, or other indicator is discovered, all development PUD document from county attorney 12- 22- 06.doc 16 aaerda Item No. 8D V .Janutary 23; 2007 Page 58 of e4 at that location shall be immediately stopped and the Natural Resources Department notified. Development will be suspended for sufficient length of time to enable the Natural Resources Department or a designated consultant to assess the find and determine the proper course. of action in regard to its salvageability. The Natural Resources Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The cypress wetland and buffer zone is to be checked and approved by the Natural Resources Personnel prior to any construction in the vicinity of the wetlands. F. As many existing native trees and shrubs as possible shall be incorporated into the development. G. The developers must demonstrate to the Natural Resources Department that this development will be in compliance with the water quality regulations as outlined by DEP and SFWMD when they return with their site development plans and, more specifically, if DEP or SFWMD requires water quality monitoring of their stormwater run -off, then Natural Resources Department requests that they receive copies of all the data. 7.12 FIRE The North Naples Fire Control District has stated their ability to serve the Pine Air Lakes Project, with the following stipulations: A. Water mains and the locations of the fire hydrants must be approved by them prior to issuance of any building permits. B. Pine Air Lakes shall commit to pay its fair share for improvements needed as a result of the development if and when an impact fee policy is adopted by the North Naples Fire District to cover the entire District. 7.13 EXEMPTIONS TO THE SUBDIVISION REGULATIONS Pine Air Lakes development shall be exempt from the following Land Development Code requirements: A. Section 06.06.0l.Q.1, LDC: Street name signs shall be approved by the Development Services Director, but need not meet the U. S.D.O.T.F.H.NV.A. Manual of Uniform Traffic Control Devices. B. Section 05.06.00, LDC: Entry signage may be located within the right- of -wa_y of the dedicated roadway. Such signage and planting shall be approved by the Development Services Director. C. The requirement to place permanent reference monument and permanent control points in a typical water valve where such monuments occur within street pavement areas shall be waived. 7.14 TRANSPORTATION A. Except for the three permitted connections to Airport Road, all access to individual parcels shall be internal from Naples Boulevard or from loop roads connectinb g adjacent properties in an effort to help reduce vehicle congestion on nearby collector and arterial PUD document from county attorney 12- 22- 06.doc 17 Agenda Item No. 8D January 23, 2007 Page 59 of 64 roads and minimize the need for traffic signals as described in Policy 7.2 of the Future Land Use Element. B. The Developer shall provide crosswalks across the main thoroughfare (i.e. Naples Boulevard) to provide adequate pedestrian safety and movement for all applicable development order submittals. All crosswalk requirements must be completed prior to the buildout of the CPUD. C. Naples Boulevard is constructed and dedicated to Collier County and the water system is looped in accordance with the Utilities Division's regulations and requirements. D. All Collier County traffic impact fees for Pine Air Lakes shall be as provided by the current impact fee ordinance. E. In conjunction with the six - laning of Airport Road, the following improvements shall be made at the intersection of Naples Boulevard with Airport Road: 1. The Developer has constructed or contributed its fair share payment to the construction of one additional northbound left turn lane from Naples Boulevard to Airport Pulling Road for a total of two left turn lanes. 2. The Developer has constructed or contributed its fair share payment to the construction of the traffic signal at the intersection of Airport Road and Naples Boulevard. 3. In addition to the forgoing, at the County's request, the Developer shall construct a third northbound left turn lane from Naples Boulevard to Airport Pulling Road within one year of the CPUD amendment and Development Order amendment approval. F. 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 Land Development Code as it may be amended. Collier County reserves the right, pursuant to Collier County ordinances to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. A five (5) foot sidewalk easement and completed sidewalk have been provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage. An additional one (1) foot sidewalk easement shall be provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage, north of Naples Boulevard, at Collier County's request and within one year of the CPUD amendment and Development Order amendment approval. H. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. PUD document from county attorney 12- 22- 06.doc is Agenda (tam No. SD January 23, 2007 Page 60 of 64 I. Any reduction in parking spaces as a result of interconnection with projects to the west shall be consistent with the Land Development Code in effect at the time of development order submittal. J. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current Edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current Edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code. K. 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 certificate of occupancy (CO) or when requested by Collier County. L. Nothing depicted on any the CPUD Master Plan except for those access points in existence as of the date hereof shall vest any right of access at any specific point along any property frontage or property line. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. M. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. N. If any turn lane improvement requires the use of any existing County right -of -way or easement and there is insufficient right -of -way available, the Developer shall accommodate those turn lanes within the development. 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 within the boundary of this CPUD is determined to be warranted, the cost of such improvement shall be borne by the Developer and shall be paid to Collier County. P. At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter shall be installed by the Developer or at the discretion of Collier County a designated park and ride location shall be required in lieu of the shelter. The exact location will be determined during site development plan review process and shall be constructed within one year of the CPUD amendment and Development Order amendment approval. Q. The Developer shall contribute an amount not to exceed $50,000.00. to Collier County's SCOOT program along Pine Ridge Road to include two additional rote seclIons. Contru) 1011 to C 11101 ITVUllly shall UG 111aUG WrlLllll one year Ul the 1" 11 amendment and Development Order amendment approval. PUD document from county attorney 12- 22- 06.doc 19 Agenda Item No. 8D January 23, 2007 Page 61 of 64 R. In lieu of the annual traffic counts for the PUD monitoring requirements, the Developer shall make a payment to Collier County to install four permanent count stations not to exceed a total of $40,000.00 purusant to the Land Development Code. Payment to Collier County shall be made within one year of the PUD amendment and Development Order amendment approval. S. The Developer shall coordinate the design and coordinate the construction of the interconnection to the north into the industrial park with the owner of Naples Dodge, as shown on Exhibit "C ". Upon the request of Collier County, the Developer shall provide the appropriate easements for the interconnection. 7.15 WATER MANAGEMENT A. Conceptual and /or detailed site drainage plans shall be submitted to the Environmental Advisory Board for review. B. The Developer has provided to Collier County a thirty -five (35) foot wide and a twenty -five (25) foot wide perpetual, non - exclusive easement for drainage purposes along the western boundary of the Pine Air Lakes project a thirty (30) foot wide temporary non - exclusive construction easement which parallels a twenty -five (25) foot wide temporary non - exclusive drainage easement, both of which temporary easements connect with the temporary drainage easement for the lake abutting the property's northeastern boundary along Airport- Pulling Road, around which lake the thirty (30) foot temporary construction easement continues; all as more fully described in the drainage conveyance documents dated April 1994, and the drawings attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1994 for File No. 2G -403. Said temporary easements are for the purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system, and shall be abandoned at time of site development plan approval of the area north of Naples Boulevard. At time of site development plan approval, a twenty -five (25) foot wide perpetual, non - exclusive easement for drainage purposes shall be dedicated to Collier County and recorded in the public records. C. An excavation permit will be required for the proposed lakes in accordance with appropriate County ordinances. PUD document from county attorney 12- 22- 06.doc 20 Agenda Item No. 8D January 23, 2007 Page 62 of 64 UTILITY SERVICE SECTION VIII 8.01 PURPOSE The purpose of this section is to provide a list of utility services and how they will be provided. A. See the Utilities Division stipulations per their memos dated July 23, 1985; and September 21, 1985. 8.02 WATER SUPPLY The Collier County Water and Sewer District shall provide water to the Pine Air Lakes Development from the existing 16" water main located within the Airport Road right -of -way. 8.03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project will be handled by the company holding the franchise for that area of the County. 8.04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electricity to the entire Pine Air Lakes Project. 8.05 TELEPHONE SERVICE Telephone service will be supplied by appropriate provider to the Pine Air Lakes Project. 8.06 TELEVISION CABLE SERVICE The Pine Air Lakes Project will be provided cable service by the cable company holding the franchise for that area of the County. 8.07 EASEMENTS FOR UNDERGROUND UTILITIES All on -site utilities such as telephone, electric power, cable television service, waste water collection, water distribution, etc. shall be installed underground. Only items such as electrical feeder lines, lift stations, etc. which require above ground installation shall be permitted above ground. 8.08 WATER DISTRIBUTION AND SEWERAGE MAIN DEDICATION The water distribution and sewerage mains shall be located in the road right -of -way and will be dedicated to the public. The water distribution and sewerage mains will be deeded to Collier County Water and Sewer District upon completion in accordance to applicable county ordinances in effect at the time of the Pine Air Lakes PUD Submission. The applicant or future owners, will pay appropriate development hook -up fees at the time of application for building permits. Should any water /sewer system elements be located outside the road right -of -way, the appropriate easements will be dedicated. 8.09 PROJECT EASEMENTS AND SERVICES All easements and services mentioned in this and previous sections of this Document shall be non - exclusive PUD document from county attorney 12- 22- 06.doc 21 Agenda Item No. 8D January 23, 2007 Page 63 of 64 DEVELOPMENT OF REGIONAL IMPACT SECTION IX The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project. PUD document from county attorney 12- 22- 06.doc 22 E 0 I S N N N C 7 7 E s s v W v z 0 U w 0 0 0 d I I;z EXISTING - .. LAKE 93- ENGINEERING O + -3 o PRESERVE AREA r ;3 U � � Id a BOB TAYLOR CHEVROLET Land Use Summary N Mixed -Use Office /Retail 103.00 Acres ROW 10.69 Acres Lake /Open Space 33.49 Acres Preserve Area nnrinding Liuners) 1.81 Acres Total 148.99 Acres D zoo 4DO SCALE IN FEET HOME DEPOT 2158 JOHNSON STREET P.O. BOX 1550 Master Concept Plan FORT MYERS. FLORIDA 33902 -1550 PHONE (239) 334 -0046 FAX (239) 334 -3661 DATE JPROXCT NO. FILE NO. SCALE E.B. #642 & L.B. #642 Sept 2005 1 20055243 As Shown Agenda Item No. 8E January 23, 2007 Page 1 of 152 EXECUTIVE SUMMARY Petition PUDA- 2005 -AR -7818, Freeland and Schuh, Inc., represented by Tim Hancock, of Davidson Engineering, is requesting an amendment to the Pine View PUD to permit automotive sales within the PUD and increase the allowable building height from 35 feet to 45 feet. The subject property, consisting of 15.58 acres, is located on the southwest corner of Pine Ridge Road and Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: The petitioner is requesting a rezone from "PUD" to "CPUD" Commercial Planned Unit Development known as the Pine View CPUD for the purpose of revising the PUD document. CONSIDERATIONS: The purpose of this petition is to amend to the Pine View PUD (Ordinance 2000 -45) to permit automotive sales and increase the allowable building height from 35 feet to 45 feet. The current zoned PUD permits a broad range of intensive commercial uses on the site. The subject property is within Activity Center #10 and by virtue of it being designated as an Interchange Activity Center, a full range of commercial uses is permitted. The petitioner has requested the approval of two deviations: Deviation 1 seeks relief from LDC Subsection 4.06.02 CA for the minimum perimeter buffer width within an Activity Center. The petitioner is seeking relief from the required 20 -foot perimeter buffer requirement for properties within an Activity Center, by providing only l Ofeet.. Deviation 2 seeks relief from LDC Subsection 6.06.02 A.3.for the minimum sidewalk requirements for sidewalks along local streets. The petitioner is seeking relief from the requirement of providing sidewalks on both sides of the proposed access road from Whippoorwill Lane to Pine Ridge Center PUD, by providing a side walk on one side of the access road. As identified in the Staff Report, Staff has recommended that Deviation 1 not be approved. 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 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 (GMP) 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 order PUDA- 2005 -AR -7818 Page 1 of 5 EXECUTIVE-' SUMMARY Agenda )tam No. SSE January 23, 2007 Page 2 of 152 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 impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject property is designated Urban, Urban Commercial District, and Interchange Activity Center Subdistrict ( #10) on the Future Land Use Map of the Growth Management Plan. That Subdistrict of the Future Land Use Element reads: "Interchange Activity Centers... allow for a mixture of land uses - -which may include 100% or any combination thereof [sic], of each of the following uses: the full array of commercial uses, residential and non - residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code, and business parks... No industrial uses shall be allowed in Interchange Activity Center #10." Because the PUD is located within Interchange Activity Center 9, 10, the full range of commercial uses, including automotive sales, is permitted. This PUD is presently approved for a variety of commercial uses, generally comparable to the C -4 zoning district. Due to the fact that this property will also accommodate the expansion of a high -tech Internet company, creating new jobs in an industry targeted by Collier County and the Economic Development Council (EDC), this project has qualified as a "fast- track" project. This position furthers Objective 1.4 of the Economic Element by supporting the goals of the EDC. Per FLUE Policy 7.1, access to the project has been provided via Pine Ridge Road and Whippoorwill Lane. With regard to FLUE Policy 7.2, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads. FLUE Policy 7.3 has been addressed by the provision of interconnections to adjacent land uses. Based upon the above analysis, staff concludes that the proposed PUD amendment may be deemed consistent with the Future Land Use Element Transportation Element: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan Transportation Element. The project is located in the northwest Transportation Concurrency Management Area (TCMA). The project was reviewed at build -out and the five year planning period. The TCMA is expected to function at an acceptable level of service within the five year planning period when both project trips and back ground traffic are considered. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management Plan. However, several intersections will not function at acceptable levels of service with both back ground traffic and the additional project trips. The project meets consistency due to a projected reduction of traffic on Pine Ridge Road when I- 75 and Golden Gate Parkway Interchange opens. In addition, a connection from South PUDA- 2005 -AR -7818 Page 2 of 5 EXECUTIVE SUMMARY Agenda Item No. gF January 23, 2007 Page 3 of 152 Whippoorwill Lane over to Livingston Road is currently being designed with construction scheduled to be completed 18 months from now which will provide major relief at the Whippoorwill,Tine Ridge Road intersection. From a concurrency standpoint, this project is in the East Central TCMA and the Developer has committed to major intersection improvements at the Pine Ridge Road/Whippoorwill Lane intersection as well as shared access interconnections to the properties to the west that will help mitigate for their additional traffic impact. Mitigation for project traffic is recommended in order to address congestion management. Staff is currently working with the applicant to review the following strategies that have been identified in Section 4.6 of the CPUD Document, as noted below: 1. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall provide the interconnection as part of the first development order. m. The developer shall dedicate to Collier County, as of the effective date of this ordinance and without severance damages, 12 feet of property along the eastern boundary of the PUD for Whippoorwill Lane as depicted on the attached CPUD Master Plan. n. Prior to the issuance of a development order, updated traffic analysis will be performed by the developer for the intersection of Whippoorwill Lane and Pine Ridge Road. The additional analysis must outline improvements that are required to address the intersection failing movements. The developer agrees to dedicate the right -of -way reservation area as shown on the PUD Master Plan to facilitate the improvements. No certificates of occupancy shall be issued until all intersection improvements have been completed. Should the developer improve the intersection as outlined in the traffic analysis, the county will reimburse the developer in the form of impact fee credits for all improvements above his fair share. Site related improvements shall not be eligible for impact fee credits. o. A perpetual use easement will be dedicated to the County, in accordance with the CPUD Master Plan, to provide access from Whippoorwill Lane to the Pine Ridge Center to the West. Prior to issuance of a development order, the easement will be recorded with Collier County and the O.R. Book and Page information will be provided as part of the D.O. application. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (4.10), of the Zone PUD document provides a commitment that storm water run -off shall not discharge directly into the preserve without pre - treatment. The subject site is undeveloped, but is isolated by a major roadway and development. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. EAC RECOMMENDATION: PUDA- 2005 -AR -7818 Page 3 of 5 EXECUTIVE SUMMARY Agenda Item No. 8E January 23, 2007 Page 4 of 152 The Environmental Advisory Council (EAC) met on October 4, 2006 to review this petition. The EAC recommended approval of the project on this date with a 6 -0 vote. They included in the motion that they urged the petitioner to use pervious surfaces or a semi - permeable material under the car lot display areas (not high traffic areas) to prevent flooding. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition at their December 21, 2006 public hearing. The CCPC had a tie vote 4 -4 of approval for petition PUDA- 2005 -AR -7818, Pine View CPUD. With a tie vote the CCPC forwards this petition to the Board of County Commissioners with no recommendation. Commissioner Murray stated that he misunderstood the motion and wanted to change his vote in favor of the petition, but Assistant Attorney, Marjorie Student - Stirling stated that: "a motion for reconsideration can only come majority side, and since it was a tie vote there was not a majority side, no action for reconsideration can be taken ". There were no statements of opposition from the public. This petition will be scheduled for the regular BCC agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and 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 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 inconsistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDA- 2005 -AR- 7818 Pine View CPUD that repeals Ordinance Number 00 -45 as described by the Ordinance of PUDA- 2005 -AR -7818 Page 4 of 5 EXECUTIVE SUMMARY Agenda Item No. 8E January 23, 2007 Page 5 of 152 Adoption and exhibits thereto, The Pine View CPUD regulatory document, with the recommendation for denial of Deviation No. 1. The Planning Commissioners inquired as to the planting materials that were proposed to be placed in this buffer area. The applicant indicated that the required quantity of plant materials would be placed in the buffer area, but the width of the buffer would be reduced from 20 feet to 10 feet. The Planning Commission included in its motion of approval to accept both deviation requests. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review PUDA- 2005-AR -7818 Page 5 of 5 EXECUTIVE SUMMARY Agenda item No. 8E January 23. 2007 Page 6 of 152 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS �^^ Item Number: BE Item Summary: Ths item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition PUD4- 2005 -AR -7618. Freeland and Schuh. Inc., represented by Tim Hancock. of Davidson Engineering is requesting an amendment to the Pine View PUD to permit automotive sales within the PL ID and increase the allowable building height from 35 feet to 45 feet The subject property, consisting of 15.58 acres, is local on the southwest corner of Pine Ridge Road and Whippoorwill Lane, in Se:.tion 18, Township 49 South_ Range 25 cast. Collier County. Flonda- Meeting Date: 1/23/20079.00.00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 113!2007 4:21 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/3/2007 4:37 PM Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 11412007 11:52 AM Approved By Marjorie M. Student - Stirting Assistant County Attorney Date County Attorney County Attorney Office 1/512007 7:29 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 1/8/2007 8:24 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 1,9!2007 2:,'4 PM .Approved By Community Development & Josepn K. Scnmift Date Environmental Services Amninstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 1111/2007 6:23 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 111212007 3:31 PM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 1!12!2007 4:39 Pfd, Approved By James V, Mudd County Manager Date Board of County '..OmlTiiuSlgn erg £:ounty i l-eg- s Of`rir e 1117!20 4' 52 PM 0? - Agenda Item fro. 8E January 23, 2007 Page 7 of 152 co) 6Y County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 7, 2006 SUBJECT: PETITION PUDA-2005 -AR- 7 8 18 PINE VIEW CPUD AGENT /APPLICANT: OWNER: Freeland and Schuh, Inc. 1229 Airport Pulling Road North Naples, FL 34104-6116 AGENT: Tim Hancock Davidson Engineering, Inc. 2154 Trade Center Way, Suite 3 Naples, FL 34109 REQUESTED ACTION: The petitioner is requesting a rezone from "PUD" to "CPUD" Commercial Planned Unit Development known as the Pine View CPUD for the purpose of revising the PUD document. GEOGRAPHIC LOCATION: The project PUD is located at the southwest coiner of Pine Ridge Road and Whippoorwill Lane, approximately a half mile west of Interstate 75, in Section 18, Township 49 South, Range 26 East, Collier County. Florida. PUDA- 2005 -AR -7818 Pine View CPUD ('CPC MEETING 12 -7 -06 STAFF REPORT Page 1 of 22 Agenda Item No. 8E January 23, 2007 Page 8 of 152 LOCATION MAP PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7-06 STAFF REPORT Page 2 of 22 Agenda Item No. 8E January 23, 2007 Rage 9 of 152 PURPOSE /DESCRIPTION OF PROJECT: The purpose of this petition is an amendment to the Pine View PUD (Ordinance 2000 -45) to permit automotive sales within the PUD, and increase the allowable building height from 35 feet to 45 feet. The current zoned PUD permits a broad range of intensive commercial uses on the site. The subject property is within Activity Center #10 and by virtue of it being designated as an Interchange Activity Center: a full range of commercial uses are permitted. The subject property is the location of an approved application with the Economic Development Council (EDC) for a "Fast Track" project (See EDC Application). The EDC application has been approved due to the fact that this property will also accommodate the expansion of a high -tech Internet company, creating new jobs in an industry targeted by Collier County. A Site Development Plan (SDP) application (SDP - 2006 -AR -9462) has been submitted by the applicant for the subject property. The proposed development includes two buildings (Building 91 — 51,343 square feet and Building #2 — 5984 square feet). Building #2 is proposed to house the high -tech Internet company. SURROUNDING LAND USE AND ZONING: Subject Parcel: The subject property is undeveloped and proposed to consist of approximately 15 -acres of commercial and professional office development. The subject property is zoned Pine View PUD. The proposed commercial activities consist of 10.59 - acres, water management area, and preserve area (1.16- acres). Surrounding - North: Pine Ridge Road then mixed Zoned: Pine Ridge Road Commercial and undeveloped (C.R.896) then Naples Gateway, properties, Ragge PUD and Angileri PUD East: Whippoorwill Lane then mixed Zoned: Whippoorwill Lane then commercial and Seagate Baptist Sutherland Center PUD and Church of Christ, Agricultural (A) South: Hospice of Naples, Inc., Zoned: Community Facility (CF) West: Mixed commercial center under Zoned: Pine Ridge Center PUD construction GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban, Urban Commercial District, and Interchange Activity Center Subdistrict ( #10) on the Future Land Use Map of the Growth Managernent Plan. That Subdistrict of the Future Land Use Element reads: "Interchange Activity Centers... allow for a mixture of land uses - -which may include 100% or any combination thereof [sic], of each of the following uses: the full array of commercial uses, residential and non - residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code, and business parks... No industrial uses shall be allowed in Interchange Activity Center #10." PUDA - 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 3 of22 Agenda Item No. 8E January 23, 2007 Page 10 of 152 Because the PUD is located within Interchange Activity Center #10, the full range of commercial uses, including automotive sales, is permitted. This PUD is presently approved for a variety of commercial uses, generally comparable to the C -4 zoning district. The owner has been approved by the Economic Development Council (EDC) as a "Fast Track" project as mentioned above. This position furthers Objective 1.4 of the Economic Element by supporting the goals of the EDC. Per FLUE Policy 7. 1, access to the project has been provided via Pine Ridge and Whippoorwill Roads. With regard to FLUE Policy 7.2, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads. FLUE Policy 7.3 has been addressed by the provision of interconnections to adjacent land uses. Based upon the above analysis, staff concludes that the proposed PUD amendment may be deemed consistent with the Future Land Use Element. Transportation Element: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan transportation element. The project is located in the northwest Transportation Concurrency Management Area (TCMA). The project was reviewed at build -out and the five year planning period. The TCMA is expected to function at an acceptable level of service within the five year planning period when both project trips and back ground traffic are considered. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management Plan. However, several intersections will not function at acceptable levels of service with both back ground traffic and the additional project trips. Mitigation for project traffic is recommended in order to address congestion management. Staff is currently working with the applicant to review the following strategies that have bee identified in Section 4.6 of the CPUD Document; 1. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall provide the interconnection as part of the first development order. in. The developer shall dedicate to Collier County, as of the effective date of this ordinance and without severance damages, 12 feet of property along the eastern boundary of the PUD for Whippoorwill Lane as depicted on the attached CPUD Master Plan. n. Prior to the issuance of a development order, updated traffic analysis will be performed by the developer for the intersection of Whippoorwill Lane and Pine Ridge Road. The additional analysis must outline improvements that are required to address the intersection failing movements. The developer agrees to dedicate the right -of -way reservation area as shown on the PUD Master Plan to facilitate the improvements. No certificates of occupancy shall be issued until all intersection improvements have been completed. Should the developer improve the intersection as outlined in the traffic analysis, the county will reimburse the developer in the form of impact fee credits for all improvements above his fair share. Site related improvements shall not be eligible for impact fee credits. PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Pale 4 of 22 Agenda Item No. 8E January 23. 2007 Page 11 of 152 o. A perpetual use easement will be dedicated to the County, in accordance with the CPUD Master Plan, to provide access from Whippoorwill Lane to the Pine Ridge Center to the West. Prior to issuance of a development order, the easement will be recorded with Collier County and the O.R. Book and page information will be provided as part of the D.O. application. AERIAL MAP PUDA 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 5 of'22 U35 MRLISH LANE Agenda Item No. SE January 23, 2007 Page 12 of 152 FlUD13. 2-_j 2 U 3 :) I - fti4 16 pUr) PUD c PUD 'M , PUD CAMIF DW 93UAF E KAPLES G,TEW .LOT LITT p,,= ANQLEIN qW Fill). 1.7 1,1'7 4 CIORKEK L'r 27 18 77 PINE RIDGE 'ROAD C.R, 896 -4 PINE RIDGE: ROAD C-R. 896 F, DUDLEY Pur) PLID Pu C7 1 9JTHEPLA14D CENTER PIW RIDGE CENTER FINE RIDGE CENTER MICT 8 o AL-S r L SUBJECT PUD" PROPERTY FIRE .lEy, 5E4GATE 9�,FMS7 CHURCH CF CHRIST THE ?,ESEPVE AT NAPLES CF j7- A- - PUD I RF--S ( S MIPPOOPMLL L-'I,�ES ZONING MAP PUDA-2005-AR-7818 Pine View CPUD CCPC MEETING 12-7-06 STAFF REPORT Page 6 of 22 ACTIVITY CENTER #10 Agenda Item No. 3E January 23. 2007 Page 13 of 152 ACRA.. � wsaueKi- Open Space /Conservation: 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." To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff. stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and limit the quantity of water leaving the site by utilizing detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation & Coastal Management Element, for the following reasons: PUDA- 2005 -AR -7818 Pine View CPUD ('CPC MEETING 12 -7 -06 STAFF REPORT Page 7 of 22 Agenda Item No. 8E January 23, 2007 Page 14 of 152 Fifteen percent (15 %) of the existing native vegetation is required to be retained. Fifteen percent of the site has been identified for retained native vegetation preservation within the PUD boundaries. In accordance with Policy 6.1.1(3), required preservation areas are identified on the PUD master plan. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). 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 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 Analysis: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (4.10), of the CPUD Document provides a commitment that storm water run -off shall not discharge directly into the preserve without pre - treatment. The subject site is undeveloped, but is isolated by a major roadway and development. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. The Environmental Advisory Commission (EAC) met on October 4, 2006 to review this petition. The EAC recommended approval of the project with a 6 -0 vote. They included in the motion that they urged the petitioner to use pervious surfaces or a semi - permeable material under the car lot display areas (not high traffic areas) to prevent flooding. Transportation Analysis: Transportation Department staff has reviewed the petition and notes that the PUD document has been reviewed to ensure all development within the Pine View CPUD will be subject to and compliant with the policy contained within the Transportation Sub - element 5.1 of the Growth Management Plan (GMP) and the applicable regulations contained in the Land Development Code (LDC). The Transportation Section (4.6), of the PUD document, has been created to parallel the current LDC regulations. The Traffic Impact Study identified that the peak (5 -6 p.m.) traffic generation from the fixture commercial development will be 120 trips per hour, or 10 percent less than if the subject property PUDA- 2005 -AR -7818 Pine View CPUD C'CPC' MEETING 12 -7 -06 STAFF REPORT Page 8 of 22 Agenda Item No. 8E January 23, 2007 Page 15 of 152 was developed fully with general office (143 trips per hour). Pine Ridge Road (CR 896) had an annual average daily traffic volume of 55,097 in 2005 and a Level of Service "E" currently. In Section 4.6.m. of the PUD Document, the applicant has stated that "The developer shall reserve for purchase by Collier County, at its market value as on the effective date of this ordinance and without severance damages, 12 feet of property along the eastern boundary of the PUD for Whippoorwill Lane as depicted on the attached CPUD Master Plan." In Section 4.6.n. "a fair share contribution will be made to address required intersection improvements ", and in Section 4.6.p. "improvements to the intersection of Pine Ridge Road and Whippoorwill must be completed prior to the first Certificate of Occupancy (CO) being issued for the subject property" has been identified. In Section 4.6.o. an access easement will be constructed in accordance with the CPUD Master Plan to provide access from Whippoorwill Lane to the Pine Ridge Center to the west. Utility Issues: The Utilities Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.4 of the PUD Document. Zoning and Land Development Review Analysis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to 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 proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject property is undeveloped and proposed to consist of approximately 15 -acres of commercial and professional office development. The subject property is designated Urban - Interchange Activity Center Subdistrict ( #10) on the Future Land Use Map of the Growth Management Plan. Because the PUD is located within Interchange. Activity Center #10. the full range of commercial uses, including automotive sales, is permitted. This PUD is presently approved for a variety of commercial uses, generally comparable to the C -4 zoning district. Due to the fact that this property will also accommodate the expansion of a high -tech Internet company, creating new jobs in an industry targeted by Collier County and the Economic Development Council (EDC), this project has qualified as a "fast- track" project. This position furthers Objective 1.4 of the Economic Element by supporting the goals of the EDC. Per FLUE Policy 7.1, access to the project will be provided via Pine Ridge and Whippoorwill Roads. With regard to FLUE Policy 7.2, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads. FLUE Policy 7.3 has been addressed by the provision of interconnections to adjacent land uses. The subject property is located in the existing Pine View PUD, which allows a wide range of commercial activities. This amendment would add automotive sales as a permitted use. The subject property is undeveloped. Because the PUD is located within Interchange Activity Center #10, the full range of commercial uses, including automotive sales, is permitted. The subject property is bordered by a six lane arterial roadway (Pine Ridge Road CR 896) to the north, existing and proposed commercial to the east and west, and Hospice of Naples, Inc. to the south. Therefore, staff believes the proposed uses for the petition would not adversely impact the existing non - reJ1LLG11L1Q.1 1d11U LIJGJ in `L11C area. I'U1L11C11I1oIe, Jlall UCIICVCJ that the deVe1o11n1eIlt regulations, PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 9 o1'22 Agenda Item No. 8E January 23, 2007 Page 15 of 152 landscaping, and the screening and buffering requirements of the PUD District will meet the goals of the GMP and enhance the aesthetic quality of this area. Deviation Discussion: The petitioner is seeking two deviations and has identified them in Section 4.12 of the PUD Document. The petitioner has provided justification in support of the deviations in correspondence received by the staff on November 3, 2006 (Exhibit B). Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Subsection 4.06.02 C.4 for the minimum perimeter buffer width within an Activity Center. The petitioner is seeking relief from the required 20 -foot perimeter buffer requirement for properties within an Activity Center. The petitioner is proposing: The landscape buffer immediately adjacent to the 12 foot right -of -way reservation along Whippoorwill Lane shall be reduced to 10 foot in width but must contain the plantings within the required 20 foot type `D' Buffer. The petitioner provided the following justification for this deviation: "The justification rests in the request from the County Transportation Departments request for a ROW reservation for the purpose of constructing a dual northbound left turn lane on Whippoorwill Lane that is not driven solely by the development of the subject property. To penalize the property owner for agreeing to this reservation is not in the best interests of Collier County or the applicant. The applicant does however recognize the need for adequate landscaping in this location and is willing to modify his request to provide a minimum buffer width of 10 feet and urill plant the required buffer within this area. This will provide the public with the required buffer without excessive injury to the applicant. Should county staff determine that they still cannot support this deviation: the applicant would like to have this matter- addressed through the public hearing process and not through an additional round of COmnrents! Staff is not supportive of Deviation No. 1. The LDC required 20 -foot perimeter buffer requirement for properties within an Activity Center is not arbitrary nor is intended to produce excessive injury to the applicant. The justification for the deviation appears to be based on the applicant's perception that they are somehow being penalized by the County for the need to provide the public adequate, safe and timely traffic movements through the Whippoorwill intersection with Pine Ridge Road. It appears from their argument that they feel they ought to be compensated for this reservation; by having the County allows a reduction of the required landscape buffer by 10 feet, along a portion of Whippoorwill Lane. Staff disagrees with the request and believes the applicant ought to provide the required 20 foot wide buffer, per the minimum Land Development Code requirement. The subject site is proposed to be developed with a car dealership at a major intersection and along a 6 -lane heavily traveled arterial roadway. The nature of a car dealership alone gives the visual appearance of a highly intensive commercial development wherein the parking areas are constantly filled with vehicles which are for sale and are generally located very close to the road for visibility purposes. Pursuant to LDC subsections 4.06.01 A 2.c. - i, the reduction PLJDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 10 of 22 Aaenda Item No. 8E January 23, 2007 Page 17 of 152 of the required buffer width would not be in harmony with the intent of the code in requiring landscape buffering in order to reduce, screen and buffer the harsher visual aspects of urban development, including the reduction of heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation. In staffs opinion, a car dealership is an extremely harsh visually and functionally commercial development. The required landscape areas are the only areas which serve to mitigate the appearance of 100 percent usage of the site at all times due to the nature of the business of retail car sales. There are no offsetting circumstances which might serve the mitigate the appearance of a car dealership. The property across Whippoorwill Lane is presently developed with a legal non - conforming automobile service station, further intensifying the commercial activity at this intersection. Furthermore, the planned intersection improvements serve to enhance ingress and egress to the subject property and surrounding properties, as well as to the general public, and from the residential development located south of the intersection. A reduction in landscape buffer width of 10 feet will only serve to add to the perceived intensification of development at what will ultimately be a large vehicular intersection along one of the County's main points of entry into the community. Deviation 2 seeks relief from LDC Subsection 6.06.02 A.3.for the minimum sidewalk requirements for sidewalks along local streets. The petitioner is seeking relief from the requirement of providing sidewalks on both sides of the proposed access road from Whippoorwill Lane to Pine Ridge Center PUD. The petitioner is proposing: The perpetual use easement shown on the CPUD Master Plan will not require sidewalks to be provided on each side as long as at the time of Development Order, the project incorporates pedestrian access from the interconnection to the west through the site to Whippoorwill Lane. The petitioner provided the following justification for this deviation: "The puupose of the deviation is that a sidewalk: will be provided on one side of the proposed easement, connecting to the property to the West and a second pedestrian connection will be provided through the site along the front of the building. This scenario wvas reviewed with Russ Muller and deemed to be acceptable by him. The net result is appropriate pedestrian connections to and form adjacent roadways. " Staff is supportive of Deviation No. 2. The proposal to provided a sidewalk on one side of the proposed easement connecting to the property to the West and a second pedestrian connection will be provided through the site along the front of the building provides altemative access ways when taking this east / east route. Staff, therefore, finds the deviation in compliance with LDC Subsection 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING (NINU Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: Agent for the applicant, Tim Hancock of Davidson Engineering, held the required meeting June 27, 2006 at 6:00 P.M. at the PUDA - 2005 -AR -7818 Pine View CPUB CCPC MEETING 12 -7 -06 STAFF REPORT Page i I o1`22 Agenda Item No. 8E January 23, 2007 Page 18 of 152 Hawthorne Suites of Naples. Eleven persons, including the applicant's team and county staff were present. Of those who spoke, most concerns stated were relative to traffic impacts on Whippoorwill Drive. Mr. Hancock stated that the County Transportation staff has requested right -of -way for an additional turn lane on to Whippoorwill as well as right -of -way reservation at rears of properties for interconnection from the adjacent Kraft building site. He stated that an approval of the requested auto dealership use has the "potential to reduce trips" to the site that is currently zoned commercial, and could be used for a retail shopping center. He said the site would be occupied by a 57,000 square foot auto dealership building and a second building for office uses. Neighboring property owners' representatives questioned the functionality of auto transport deliveries. Mr. Hancock said a purposed 36 foot sweep entrance is planned for auto transport vehicles and that the auto transport deliveries will unload on the dealership site. To questions about noise, lighting and hours of operation, Mr. Hancock and /or Mr. Freeland stated the following: • Internal paging system • Night drop deliveries • Night security lighting; 25 foot, shielded lighting poles with lighting in front of building nearest to Pine Ridge Rd. • Used car lot in front • Service hours: 7AM -7PM "Internalized service bays "; no rear door service bays visible to neighboring Hospice property; 3 Quick Lube bays to be located on south side of building • Sales hours: 9AM -9PM • Sunday hours: 11 AM -4PM To questions regarding buffering and drainage concerns between Hospice and proposed dealership, Mr. Hancock said he would contact those neighbors with specifics. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA- 2005 -AR -7818 Pine View CPUD that repeals Ordinance Number 00 -45 as described by the Ordinance of Adoption and exhibits thereto, The Pine View CPUD regulatory document, with the recommendation for denial of Deviation No. 1. PREPARED BY: MICHAEL J. DE RUNTZ, CFM DATE PRINCIPAL PLANNER PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 12 of22 Agenda Item No. 3i= January 23. 2007 Page 19 of 152 DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MAJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, PLANNING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 9, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN. CHAIRMAN REZONE FINDINGS PETITION PUDA- 2005 -AR -7818 PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 13 of 22 Agenda Item No. 8E January 23, 2007 Page 20 of 152 Section 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 & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject property is located within the Interchange Activity Center Subdistrict ( #10) on the Future Land Use Map of the Growth Management Plan. Specific development requirements are established in the GMP, and the CPUD Document contains appropriate references assuring compliance with the provisions of the Interchange Activity Center Subdistrict. Con: The staff is concerned with the proposed inconsistency to the 20 feet buffer requirement along the street frontage due to a right -of -way reservation for the purpose of constructing a dual northbound left turn lane on Whippoorwill. Findings: Based on the staff's review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County if the listed condition was addressed. 2. The existing land use pattern; Pro: The Location and Zoning Maps that are attached to the staff report show the Pine View CPUD site is located between existing developed or developing commercial and community facilities properties and GMP Economic Element Policy 1.3 support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industry in order to diversify the County's economic base. The proposed amendment is consistent with the Future Land Use designation for this area. Con: The petitioner's proposes commercial uses that are not compatible with the adjoining residential land uses in both allowable maximum height, and activity intensity. Findings: Staff believes that the petition lacks adequate ameliorating factors to offset the adverse impacts from the proposed land uses, unless the project is approved subject to staff conditions of approval. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The Pine View CPUD parcel 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 of the GMP. Since the current PUD already provides adequate public facilities the amendment will not create an isolated district PUDA - 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 14 of 22 Agenda !tern No. 3E: January 23, 2007 Page 21 of 152 Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment is for a commercial district which is compatible with the adjacent and nearby zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The subject site is surrounded by a six lane County roadway Pine Ridge Road (CR 896) to the north, existing and proposed commercial to the east and west, and Hospice of Naples, Inc. to the south. The subject site basically fits within an area that is undeveloped. Con: None Findings: The commercial parcel boundaries are logically drawn and they are consistent with the Urban, Urban Commercial District, and Interchange Activity Center Subdistrict ( #10) on the Future Land Use Map of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because is does not change the land use which continue to be in harmony with the Interchange Activity Center Subdistrict ( #10). Con: The proposed petition was a voluntary action by the petitioner's selection of the subject property. This site requires the BCC to make a finding that the project is consistent with the Interchange Activity Center Subdistrict ( #10) criteria. Findings: The proposed Pine View CPUD is compatible with adjacent land uses due to the related noise, odor, and building massing related to the criteria established within the Interchange Activity Center Subdistrict ( #10). 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The County's current land use policies in the F.L.U.E. support the action to encourage economic development, diversity and retention. Con: None Findings: The proposed Pine View CPUD is compatible with adjacent land uses and consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 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 PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 15 of22 Agenda Item No. &E January 23, 2007 Page 22 of 152 projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan transportation element. The project is located in the northwest Transportation Concurrency Management Area (TCMA). The project was reviewed at build -out and the five year planning period. The TCMA is expected to function at an acceptable level of service within the five year planning period when both project trips and back ground traffic are considered. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management. Con: None Findings: The Transportation Services Division has reviewed the proposed PUD amendment and has recommended approval of the petition based upon the petition's conditions for interconnectivity, setting aside twelve foot of property adjoining Whippoorwill Lane for future intersection improvements, participating with a fair -share payment for intersection improvements, and holding final CO's until the intersection is improved. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Urban intensification could potentially increase area -wide flooding in a severe rainfall event. Findings: 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. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro /Con: Evaluation not applicable Findings: 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 zoning 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; Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 16 of 22 Agenda Item No. SE January 23, 2007 Page 23 of 152 The mere fact that a property is given a new zoning designation or amendment may or may not affect value. However, staff is of the opinion that this petition could adversely affect property values based on the projects incompatibility to the Land Development Code and the adjoining property as identified previously. Findin>s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or 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 may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro /Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The subject property is designated Urban, Urban Commercial District, and the Future Land Use Map of the Growth Management Plan. The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Con: None Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The proposed rezone amendment conforms to the future land use element of the GMP because it will be used in accordance with the existing commercial zoning. Con: None Findings: The property is currently a commercial Planned Unit Development designation, which under the current zoning designation; the property could be developed with a variety of commercial uses, subject to compliance with the LDC requirements. PUDA - 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 17 of 22 Agenda Item loo. 8E January 23, 2007 Page 24 of 152 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed zoning amendment meets all objective criteria set forth for Interchange Activity Center Subdistrict ( #10) and conforms to the purpose and intent of the GMP and all its elements. Con: None Findings: The proposed zoning amendment is designed in a manner that is compatible with surrounding property in size and scale. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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. Pro: Any development of this site would require considerable site alteration with the existing or the proposed zoning. Con: None Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 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. Pro /Con: Evaluation not applicable Findings: A multi - disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC, public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part PUDA - 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 18 of 22 Agenda Item No. 8E January 23, 2007 Page 25 of 152 of the development approval process, Section 10.02.13 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: FINDINGS FOR PUD PETITION PUDA- 2005 -AR -7818 Section 10.03.05 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: PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 19 of'22 Agenda Item No. 8E January 23, 2007 Page 26 of 152 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. Pro: The nearby area is developed with commercial and community facility uses and the petition is for commercial uses. The petitioner is setting aside a preserve area and has agreed to EAC recommendations regarding upland protection. The project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities and has agreed to assist in access interconnection from Pine Ridge Center to Whippoorwill Drive. Con: Not applicable because this project is surrounded by commercial and community facility uses and the proposed amendment is also commercial. Findings: The proposed change decreases density but keeps the land use of commercial. The petition will be in compliance with all county regulations; therefore the project is suitable for the area. 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. Pro /Con: Evaluation not applicable Findings: Documents submitted with the Pine View CPUD 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). Pro: The applicant has identified in the "Statement of Compliance" of the Pine View CPUD document will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. EXHIBIT "B" Con: None Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. PUDA - 2005- AR -78 IS Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 20 of 22 nganda Item fro. 3 January 23. 2007 Page 27 of 152 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. Pro: The proposed amendment adds automotive sales to Pine View PUD. The amendment also requests a change in the PUD name to Pine View CPUD. Con: None Findimis: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The petition meets the minimum Open Space requirements of 30 percent. Con: The petition seeks relief from LDC Subsection 4.06.02 CA for the minimum perimeter buffer width within an Activity Center. The petitioner is seeking relief from the required 20 -foot perimeter buffer requirement for properties within an Activity Center to 10 -feet. Findinus: Staff believes that the proposed deviation would be a detennent in creating ameliorating elements which, would offset the adverse impacts from the proposed land uses within the Interchange Activity Center # 10. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable Findings: The proposed Pine View CPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro /Con: Evaluation not applicable Findings: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 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. PUDA - 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 21 of 22 Agenda Item No. 8E January 23, 2007 Page 28 of 152 Pro: The petitioner has submitted a request for two deviations within the PUD Document. These deviations are requested to provide development standards that would help in the Pine View CPUD design. Con: Staff has identified that required 20 -foot perimeter buffer requirement for properties within an Activity Center is not arbitrary or is intended, to produce excessive injury to the applicant. The 20- foot width for properties over 15 acres in Activity Centers are intended to "enhance community identity (LDC Subsection 4.06.01 A.2.c.), "Improve the aesthetic appearance of commercial ... developments through the requirement of minimum landscaping, in ways that harmonize the natural and built environment" (LDC Subsection 4.06.01 A.2.d.), "Screen and buffer the harsher visual aspects of urban development" (LDC Subsection 4.06.01 A.2.g.), "Improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate" (LDC Subsection 4.06.01 A.21.), "Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation" (LDC Subsection 4.06.01 A.2.i.). Staff, therefore, finds the deviation not to be in compliance with LDC Subsection 10.02.13.A.3 in that the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements, which would offset the adverse impacts from the proposed land uses, which includes the staff's recommendation that of the requested two deviations only Deviations # 2 be approved. PUDA- 2005 -AR -7818 Pine View CPUD CCPC MEETING 12 -7 -06 STAFF REPORT Page 22 of 22 GOLLIER'COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET ,,,►ice ,N Agenda Item No. 8E 2800 NORTH HORSESHC3€rneIVE23, 2007 NAPLES, FLORIDA 34104 Page 29 of 152 (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) PROJECT NAME To be completed by staff PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER Above to be completed by staff _ - APPL`iCANT,; INFORiV1ATION APPLICANT(S) FREELAND AND SCHUH INC ADDRESS 1229 AIRPORT ROAD NORTH CITY NAPLES STATE FL ZIP 34104-6116 TELEPHONE # 239 - 643 -3800 CELL # FAX # 239-643-275.5-- E -MAIL ADDRESS Is the applicant the owner of the subject property? ❑ Yes ® No - ❑ - -- (a } -Af- applicant is a land trust, so indicate and name beneficiaries -below. - - -- - - -- -- ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ® (d) if applicant if an owner, indicate exactly as recorded, and fist all other owners, if any. ❑ (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (if space is inadequate, affach on separate page.) da Item No. 8i= AE3ENT INFORMATION January s.'. NAME OF AGENT TIM HANCOCK, DAVIDSON ENGINEERING ADDRESS 2'154 TRADE CENTER WAY SUITE 3 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239-5 7 -3916 CELL # FAX # 239 -597 -5195 E -MAIL ADDRESS: TIM i .DAVIDSONENGINEERING.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PROPE RiY INFORMATION PUD ORDINANCE NAME Pine View PUD NUMBER: 2000 -45 Detailed legal descri tion of the pi-over covered by the a lication: Legal Description is attached as Exhibit `B' NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. _Section/Township. /Range 18 - f 49S / '26E _. Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: please see exhibit 'B' Size of pro ipei- -h,: +Z- 1040 ff. X +/-635 ft. = Total Sq. Ft. 678.665 Acres 15.15 Address /general location of sublect pi-operty; _Property lies at the Southwest corner of Pine Ridge _Ro_ad pnd Whippoorwill Lane. 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 / f Lot: Block: Subdivision: Plat Book Page #: Property LID Metes & Bounds Description: DETAIL OF REQUEST TYPE O� AMENDMENT: ® A. PUD Document Language Amendment ❑ B. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? ® Yes ❑ No If no, explain: Agenda Item No. 8i January 23, 2007 Page 31 of 152 HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? ❑ Yes ® No IF SO, IN WHOSE NAME? PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN ® SOLD and /or ❑ DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND /OR DEVELOPED? ❑ Yes ® No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Collier County took through eminent domain, land along the frontage of the property and a portion of the property adjacent to Whippoorwill Lane. An easement was granted from the Southern terminus of the County's take to the Southern edge of the property for the construction of improvements to Whippoorwill Lane. The net reduction in land area is .91 acres. Section-.2,7-2,12 (3) of the Land Development-Code. requira"n._applicant to- remove -their public hearing- advertising =sign (s) -after final- actiomis= 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 Agenda Item No. 8E January 23, 2007 Page 32 of 152 Legal Description THE EAST Y2 OF THE NORTHEAST' / OF THE NORTHWEST V4 OF SECTION 18 TOWNSHIP 49 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA; LESS AND EXCEPT THAT PORTION OF PROPERTY DESCROBED AS PARCEL NO. 120 IN STIPULATED FINAL JUDGEMENT RECORDED INOFFICIAL RECORDS BOOK 1018 PAGE 159 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; AND LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO. 123 IN ORDER OF TAKING RECORDED INOFFICIAL RECORDS BOOK 2660 PAGE 3375 OF THE PUBLIC RECORD OF COLLIER COUNTY FLORIDA! STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 3488 PAGE 93 OF SAID PUBLIC RECORDS. AND LESS AND EXCEPT THAT PORTION OF PROPERTY KNOWN AS WHIPPOORWILL LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 3308 PAGE 3195 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA: AND LESS AND EXCEPT THE SOUTH 60 FEET OF THE EAST' /2 OF THE NORTHEAST "/4 OF THE NORTHWEST'/ OF SECTION 18 TOWNSHIP 49 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA, NAPLES NISSAN Freeland & Schuh, Inc d/b /a Naples Nissan 1229 Airport Pulling Road North Naples, FL 34104 -6116 Officers: Bernard G. Freeland 56 Center Street Naples, FL 34108 Christopher G. Freeland 9451 Cypress Lake Drive Fort Myers, FL 33919 George T. Freeland -- — - -830 Giiffin Blvd - - -, -_- - --- :- _ - -___ _ - -- -Fort Myers, FL 33909 W1 6 — Agenda Item No. 8E January 23; 2007 Paae 33 of 152 NAPLES NISSAN 1229 Airport- Pulling Rd., N. Naples, Florida 34104 Main, (239) 643 -3800 Fax: (239) 643 -2 755 Toll: (800) 643 -8288 www.napiesnissan.corn % of ownership: 33.33% 33.33% 33.33% Agenda Item No. 8E January 23, 2007 Page 34 of 152 AFFIDAVIT We /I, being first duly sworn, depose and say that we/[ am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /1 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/[ further authorize //C J.�,� to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner r Signature of Property Owner Typed or Printed Name of Owner -- a - foregoing= Instrument was acknowledged - before me this a of (� n 200, by v[ol6;%ZJU j&2L,-.) who i personally known to me r has produced as identification. State of Florida County of Collier ,i _ 7-b O,J (Signature of Notary Public - State of Florida) KATHY J. TODD NOTARY PUBLIC • STATE OF MLORMA COMMISSION # DD305129 SXPIRE^S 5/15/2008 SOND91) THRU 1•BB &NOTARY1 (Print, Type, or Stamp Commissioned Name of Notary Public) Jan -05 -05 02:43P -ra- -y- ZZggf �e;2 6.ISs ,AgendJa IreirpNcob�-- January 23, 2007 Page 35 of 152 ADDRESSING DRESSINIG CMCKLIST Please =nplete the fallou+ing and wNWt for review to the Addressing Section at 2800 Nortb F10= 511M Dj ivc or Fax to (239) 659s- 5724. Not °11 ticros w�n��Y��ver+�' nsniecs. hem in hold t OLM r+eu;tired. COW] :tcd' addressing nbtcklisi is required at the Pre- AQplication meeting. I . Lq d dcscriptioo of subject prWx* or pwpetfies (copy 4fIetWhy d Attached - �'g33 S. Y...td +U sA t S - ts-�,• 2 Few (Pcoeriy. [bj am4bp'[s) of above (erttach trl, or associate w�tclt, 00287560004.00287160006- may he aluwhe4 dfcz Kptltin. U'mare hm VJ% 3. Sucet address or addresses (av applicable. #rrulrzoajy as ti7Rrre:i7 No Site Adtiresx +t_ Le ftt+on map. showing exact kxw6on of projeWsite in ;nation to nearest public Ma'd right -of -w ty Er4tra�) 5_ Copy oPsumey (NEEDED ONLY FOR UNPLATTEI] PROPERTIES) 6. Proposed project name (eapplicable) Pine View FUD - Existittg� 7. Proposed Sm= names (ffapltlicablc) rut. 8. Site Dcueiopmem Plan Number (FOR EXISTING PRWECTS/ U78S ONLY) SDP _ 9. Petition Type - (Complete At state Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) SDP[ (SDP � Chnage) ❑ FP Epinal Plat) SIP (Site Improvemew Plans) ❑ LS.A (Lot Iane Adjusin =M) SIPI (SIPI Insubstantial Change) ❑ BL - (Blasting P(rmit) - -- SNR Strco eam Chap) .,.__ _ -- - -- - -- _ -- ROV- tgh- of- VayPamie} -- _ _ - - -- _ Vegawort/Ekolic (V4 iiatnoval ) F" (P.xcav&6m permit) Land Use PC660A (Variance. Conditional User VR.S)rP (Veg. Removal & Site Fill Pe twit) Boat Dock Ext- Rezorit- PUD =am etc.) C3 TDR (Transfer of Developmem high, s) j Men -gibe: PUD Amendment 10_ P %ycct or development names proposed .for, or already appearing in, corularninium dww nents (it' aplicable; indicate whether proposed or existing) Na new manes proposed at this time 11. Please Citedc C?rec: Cisecklist is to be Faxed Back Personally Picked iJp 11 Applicant Nxme Tina Ilancodc, AICP Phone 262 -6197 Fu 262 -6198 73. Sigtya = an Addreuing Chc&lt5t does not constitute Projc�t and/or StTee Nwnt: approval and is St bject to furdw review by the Addressing Section. FOR STAFF USE ONLY Primary Number _C-�_.__ . Address Number L O f Address Number Address Number Approved iaY, .� .,L.,. _ %J'j.!%�CLL r+'7 Data f =9& �i Agenda Item No. 8E January 23, 2007 Page 36 of 152 Blair A. Foley, P.E. Civil Engineer / Development Consultant Pine View PUD - Water and Sewer Report (Statement of Utility Provisions for Rezone) — - - -- repare y: Blair A. Foley, PE, LLC 120 Edgemere Way South Naples, Florida 34105 263.1222 May 20, 2005 S Blair A. Foley, P.E., LLC - 120 Edgemere Way South • Naples, Florida 34105 239,263.1222 - Fax 239.263.0472 - Cellular 239.289.4900 - email: fofs000@aol.com Agenda Item No. 8L January 23, 2007 Page 37 of 152 Estimated Water Demand: Assume 87, 000 SF of office space: = 20 gpd per 100 SF of floor area x 87,000/ 100 = 17,400 gpd average = 17,400 gpd x 1.5 peak factor = 26,100 gpd peak Assume 34,622 SF auto dealership; Retail Flow = 34,622 SF .1(LDC 3.15.3.24) = 3,463 gpd average = 3,463 gpd x 3.5 peak factor = 12,121 gpd peak Total = 26,100 + 12,121 = 38,221 yd peak Estimated Sewer- Demand. - Assume 80% of water usage for the same land uses listed above 80% of 26,100 gpd for office space = 20,880 gpd peak 80% of 12,121 gpd for auto dealership = 9,697 gpd peak- Total = 20,880 + 9,697 = 30,577 gpd peak Note: Computations reference Chapter l OD -6 FAC and County LDC 3.15. Agenda Item No. 8E January 23, 2007 Page 38 of 152 Blair A. Foley, P.E. Civil Engineer / Development Consultant Pine View PUD - Water and Sewer Re ort (Statement of Utility Provisions for Rezone) Blair A. Foley, PE, LLC 120 Edgemere Way South Naples, Florida 34105 263.1222 May 20, 2005 PUDA- 2005 -AR -7818 / PROJECT 419990020 O DATE: 6116105 HEIDI WILLIAMS Blair A. Foley, P.E., LLC • 120 Edgemere Way South • Naples, Florida 34105 T 239.263.1222 • Fax 239.263.0472 • Cellular 239.2 39.4900 • email; fols000Caaol.coin Agenda liem 'Jo. 8E January 23, 2007 Page 39 of 152 Estimated Water Demand: Assume 87, 000 SF of office space: = 20 gpd per 100 SF of floor area x 87,000/ 100 = 17,400 gpd average = 17,400 gpd x 1.5 peals factor = 26,100 gpd peak Assume 34,622 SF auto dealership: Retail Flow = 34,622 SF .1(LDC 3.15.3.24) = 3,463 gpd average = 3,463 gpd x 3.5 peak factor = 12,121 gpd peak Total= 26,100 + 12,121 = 38,221 gpd peak . Estimateri_S_ewer .Demand - - - -= Assume 80% of water usage for the same land uses listed above 80% of 26,100 gpd for office space = 20,880 gpd peak 80% of 12,121 gpd for auto dealership = 9,697 gpd peak Total = 20,880 + 9,697 = 30,577 gpd peals Note: Computations reference Chapter IOD -6 FAG and County LDC 3.15. Agenda Item No. 8E January 23, 2007 Page 40 of 152 �OR10' COLLIER COUNTY APPLICATION FOR WAIVER OF HISTORIC AND ARCFLAEOLOGICAL SURVEY AND ASSESSMENT PROJECT NAME : Pine View PUD DATE: 6 -14 -05 LOCATION (COMMON DESCRIPTION) : Southwest Corner of Pine Ridge Road and Whippoorwill Lane, SUMMARY OF WAIVER REQUEST: Site is not located in an area of archaeological probability and is previously undeveloped with the exception of active agriculture in the 1970's. During the original rezone, the property was granted a waiver of this requirement. SECTION ONE: I APPLICANT AND PROPERTY OWNERSHIP DATE A. Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.)-. Freeland and Schuh, Inc. — contract purchaser Mailing Address: 1229 Airport Road South Naples, FL Phone: ( 239 ) 643 -3800 FAX: ( 239 ) 643 -2755 B, Name of agent(s) for applicant, if any: Tim Hancock, Talon Management Mailing Address: 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 Phone: ( 239 } 262 -6197 FAX: ( 239 ) 262 -6198 C. Name of owner(s) of property, if different than applicant: Richard C. Myers, Trustee /Father Francis Kamp, Mr. Don Brown Pagel of 4 Agenda Item No. 8E January 23, 2007 Page 41 of 152 Mailing Address: 12888 Bald Cypress Lane Naples, FL 34119 Phone: ( 239 ) 566 -8512 FAX: ( Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner(s) (C) must be attached. A notarize letter of authorization is included in the application to amend the PUD SECTION TWO: SUBJECT PROPERTY DATA A, Legal .description of subject property. Answer only I or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision blame: Plat Book Page Unit Block Lot Section Township Range Note: Attach copy of the plat 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. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions Area: square feet, or 15.58 acres Width along roadway: 675' Pine Ridge Road Depth: 1075' Whippoorwill Lane C. Present use of property: Vacant D. Present zoning classification: PUD SECTION THREE: WAIVER CRITERIAl"'AlIVER REQUEST Page 2 of 4 Agenda Item No. SE January 23, 2007 Page 42 of 152 ... A. Properties located within an area of Historical /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 an 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 formation 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: Both the current aerial and a historic aerial from 1975 show farming occurring; on the Northern portion of the parcel historically, No other activities have taken place on site, -_.. --2 —1di-storical Land-Use-Description: None other than 3. Land, cover, formation and vegetation description. Please seethe enclosed EIS. 4. Other: This provision is to cover instances in' which it is obvious that any arobaeoiogical 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 cxcavated as a quarry. The Community Development and Environmental Services Administrator may seek counsel of the Chairman of the Historic /Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. Page 3 of 4 SECTION FOUR: CERTIFICATION Agenda Item No. 8E January 23. 2007 Page 43 of 152 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 information shall be the responsibility of the applicant. B. All information submitted with the application becomes apart of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 '/2" X 14 ") folder. Printed Name of Applicant or Agent *`I'O BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION ** SECTION FIVE: NOTICE OF DECISION COmmunityDevelopment- and = Environmental SeTN ices Administrator or-his= designee li7as` made the following determination: 1. Approved on: 2. Approved with Conditions on: (see attachment) 3. Denied on: (see attachment) Page 4 of 4 Agenda Item No. 8E January 23, 2007 Page 44 of 152 EDC ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY - GOLDEN GATE iMMOKALEE - MARCO ISLAND COLLIER COUNTY ECONOMIC STIMULUS PROGRAM APPLICATION for Expanding or New Businesses Mobile Internet Technologies, Inc. Name of Business Expansion of high technology business in Collier County, Project Title (1 -5 word description) ECONOMIC DEVELOPMENT COUNCIL Or. COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263 -8989 - FAX (239) 263 -6021 www.el4apiesFioridacorn Agenda Item No. 8E yJanuary 23, 2007 Page 45 of 152 Employer Identification BUSINESS INFORMATION: 1, a) Name of Business Unit: Mobile Internet Technologies, LLC b) Mailing Address: 1100 Fifth Avenue South, Suite 308, Naples, FL 34102 c) Name of Parent Company (if applicable): d) Primary business unit contact: Name: Ben Freeland Title: President Company: Mobile Internet Technologies, LLC Address: 1105 Fifth Avenue South, Naples, FL 34102 Phone: 9'�a- 825 -5665 Pax: 222- 642-27E,� Ismail: bfreeland@straightaway.biz Website: www.straightaway.biz e) Business unit's federal employer identification number: 65- 0953982 f) Business unit's unemployment compensation identification number: 2360130 -1 g) Business unit's Florida sales tax registration number: 21- 8012148130 -9 h) Business unit's Collier County occupational license number' 993087 522390/522291/5415111 i) List NAICS codes of all activities of the business unit: 454112 Targeted Industry: 522390/541511/454112 - })— Describe the business unit's primary business activities /function:' National internet loan processor, on -line automotive market place, Internet lead a generator, and automotive dealership and propertV management company. 2. a) Is the business unit minority owned: D YES rX] NO b) If YES, explain: 3. Business unit's tax year (example: Jan. 1 – Dec. 31): Calendar year – Jan 1 -Dec 31 Project Identification/information 4. a) Is the business unit (please choose one): ❑ a new business unit to Collier County El an expansion of an existing Collier County business unit b) If an expansion, how many COLLIER COUNTY employees are currently in the expanding business unit'? 27 Existing Collier County employees cannot be included for consideration in certain Incentive awards. Effective 08101104 Page 2 of 7 aN Agenda Item No. 8E_ January 23, 2007 Page 45 of 152 c) How many individuals are employed in ALL Florida locations? 36 d) How many Individuals are employed in ALL domestic and international locations? 36 5. Full project description. Developing our corporate headquarters for Freeland Holding Inc., and our national loan processing center & software development center for Mobile Internet Technologies, Inc., plus expansion of our on -line automotive market place. S. Check the appropriate box and complete the line item: ® Project's current location address: 1100 Fifth Avenue South, Suite 308, Naples, FL 34102 Project's proposed location address: -�!^ ® Southwest corner of Pine Ridge Road and Whippoorwill Road, Naples, FL 7. a) Located on Brownfield Site or in a Brownfield Area? ❑ YES ® NO (If YES, please attach a copy of the official document that designated this area as a brownfield area.) b) Will project be locating or expanding in an Enterprise Zone? ❑ YES E NO If YES, which Zone: ❑ Immokalee ❑ Everglades City S. Please check the box that best defines your project. Answer a) AND b), if appilcable: a) [ Multi -state business enterprise b) ❑ Regional headquarters office ❑ Multi - national business enterprise M National headquarters office ❑ International headquarters office 9. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Collier County: 99% (MIT) % outside of Florida-.-- - 90% (MIT) % 10. Project employment and wages: a) Total number of net, new full -time equivalent Collier County jobs created by the project at the business unit Indicated above: 93 b) Are any employees being transferred from another Florida location? ❑ YES ®TAO If YES, how many and from where? 11. a) Anticipated annualized average wage (not Including benefits) of the new to Collier County jobs created by the project at the business unit: $ M50,177 (Cash performance bonuses and other cash payments to the employees, such as overtime, should be included. The anticipated wage reported here Is only an estimate of the average wage to be paid. The wage Indicated In response to an incentive attachment, If applicable, will be used In the certification, agreement, and claim evaluation process.) b) Anticipated annualized average value of benefits associated with each new job created by the project at the business unit: $ 5.898.00 c) Anticipated annualized average wage (not including benefits) of all Collier County jobs after project completion for the business unit. $ $48,812 Effective 06/01104 Page 3 of 7 Agenda Item No. 8E January 23. 2007 Page 47 of 152 d) If jobs are to be phased in, provide the date when each phase of employment will be fully Implemented: (Please limit the phases to no more than three consecutive years, and job creation to no less than ten jobs in any given year.) 12. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facilit • upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) Construction, high technology infrastructure, servers, computer equipment, PRINT -1 /DID /phone and data equipment &lines, office equipment & furniture. b) List the anticipated amount (within three (3) years) and type (purchase of machinery /equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ 9,500,000.00 Amount $ 4,000,000.00 Amount $ Amount $ 600,000.00 Total $ 14,10.0,000.00 Land (if applicable) Construction /Renovations Manufacturing Equipment Other Equipment C) Estimated square feet of new or newly expanded facility_ 37000 MIT (33,500 of ground floor is dealership.) 13. Anticipated date of beginning of construction for this project: ASAP — 2006 ( ?) 14. Anticipated date project will be in operation: ASAP 2006 OR 2007 15. Project Information: Architect Firm: Art Concepts Architect: Dale Weisel Phone: Email: Fax: Effective 06 /01 /04 Engineering Firm: Talon Management - Engineer: Tiny Hancock Phone: Email: Fax: Page 4 of 7 Contractor: Contractor: Phone: Email: Fax: Number of net, new full -time Phase equivalent Collier County jobs Date by which those jobs created In business unit will be created 1 36 12/31/06 !1 24 12/31/07 [!I 33 12/31/08 TOTAL 93 12. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facilit • upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) Construction, high technology infrastructure, servers, computer equipment, PRINT -1 /DID /phone and data equipment &lines, office equipment & furniture. b) List the anticipated amount (within three (3) years) and type (purchase of machinery /equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ 9,500,000.00 Amount $ 4,000,000.00 Amount $ Amount $ 600,000.00 Total $ 14,10.0,000.00 Land (if applicable) Construction /Renovations Manufacturing Equipment Other Equipment C) Estimated square feet of new or newly expanded facility_ 37000 MIT (33,500 of ground floor is dealership.) 13. Anticipated date of beginning of construction for this project: ASAP — 2006 ( ?) 14. Anticipated date project will be in operation: ASAP 2006 OR 2007 15. Project Information: Architect Firm: Art Concepts Architect: Dale Weisel Phone: Email: Fax: Effective 06 /01 /04 Engineering Firm: Talon Management - Engineer: Tiny Hancock Phone: Email: Fax: Page 4 of 7 Contractor: Contractor: Phone: Email: Fax: Agenda Item No. 8E January 23, 2007 Page 48 of 152 Project Impact Information 16. What role will the incentive (or incentives) play in the decision of the applicant to locate or expand in Collier County? (if there are other states/communities competing for this project, please list which stateslcommunities and what incentives are being offered by those states /communities.) Mobile Internet Technologies — Fast Track permitting will facilitate ability for expansion to meet growth In timely & affordable manner, local incentives will lessen the financial burden of hiring and training new employees for interne( business. MIT plans to pursue state level training grant options when facility in place to support staff development of new employees. 17. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been ?) Been in business for 35 years, numerous other companies in southwest Florida, members of Better Business Bureau, BDC in Lee County, Chamber of Commerce, support numerous charities, A4embers BDC Collier County. Adherence to Collier County LDC regulations, _ b) Describe any criminal or civil - fines, or penalties, and any awards. N/A You may request that your project Information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. Effective 08/01!04 X YES, we Request Confidentiality NO, we do not Request Confidentiality Page 5 of 7 Aaenda Item No. 8E January 23. 2007 Page 49 of 152 Requirements Fast Track Permitting Program: The Fast Track application must be completed in full before consideration is given. Statements on the Fast Track Application must be accurate and verifiable. The Economic Development Council of Collier County (EDC) reviews the application. If approved, the EDC sends a copy to the appropriate County staff. This application must be on file with the county offices prior to the scheduling of any pre - application permit reviews or Site Development Plan submissions. The Fast Track Permitting Program requires a pre - application meeting with the Collier County Staff prior to document submission. This meeting Is scheduled by the Economic Development Council of Collier County in cooperation with the Engineer of Record. Upon release of plans by the County, the permit must be picked up within 10 business days of approval. This application must be filed RLiEto making the decision to locate a new business unit in Collier County, or to expand an existing Collier County business unit. Effective 08/01/04 Page 6 of 7 Agenda Item No. 8E January 23, 2007 Li ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY • GOLDEN GATE IMMOKALEE • MARCO ISLAND Economic Stimulus Program Recommendation Form for (Name of Business) Mobile Internet Technologies 1. Economic Stimulus Programs: x Broadband Infrastructure Investment X Fast Track Permitting X Fee Payment Assistance x Job Creation ❑ Property Tax Stimulus ❑ Local Match for QTI 2. Collier County's company location: - - -x —High impact - Area — ❑ -- Eastern Area- ❑— rmmokalee Rural Federal— - -- - F_nterprise Zone 3. Project qualifications: Number of current Collier County employees: 27 Avg. Wage: $ 44,111 Number of new jobs' resulting from project: 93 Avg, Wage: $ 50,,177 Total retained and new jobs: 120 Avg. Wage: $ 48.812 S_( 112) i111\ i M1 ice, f 10 Page 1 of 2 Agenda Item No. 8E January 23. 200 7 mmmmxmgb-i. 2 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVEAGLADES OTY - GOLOEN GATE VvSMOKALEE • MARCO ISLAND 4. Schedule of incentive funds requested by Collier County fiscal year: 5. Multipliers. NAICS Code: _541511- Computer Systems Design and Related Services Earnings Multiplier: 1.4049 Employment Multiplier: 1.7036 ___Economic Development Council of Collier County Recommendation - -- j Prepared by: L s io % Econo�nri Diversification Manager Da e Approved: ' Elaine Reed Kruse Economic Development Director Date Approved: Tammie Nem cek, President /COO Date Page 2 of 2 200512006 2006/2007 2007/2008 2008!2009 2009!2010 2010/2011 2011/2012 Total Job Creation Phase 1 $24,000 $24,000 $24,000 $72,000 Phase 11 $16,000 $16,000 $16,000 $48,000 Phase III $22,000 $22,000 $22,000 $66,000 Fee Payment Assistance 523,422 $523,422 Broadband $8300 $8300 $8400 $25000 Total $523,422 $8300 $32300 $48400 $62,000 $38,000 $22,000 $734,422 5. Multipliers. NAICS Code: _541511- Computer Systems Design and Related Services Earnings Multiplier: 1.4049 Employment Multiplier: 1.7036 ___Economic Development Council of Collier County Recommendation - -- j Prepared by: L s io % Econo�nri Diversification Manager Da e Approved: ' Elaine Reed Kruse Economic Development Director Date Approved: Tammie Nem cek, President /COO Date Page 2 of 2 LJIr - N 00 o u7 — o .- V ',5 O N N � ` N CII cm C m Q AIL a1 5�s aka ° a�x x 0. 0 NOWn C OIY/31fIDfi NVaal Z "� Ut � � � 6 O ¢p �G �� to °— s nab @NA27flai VtlVWV� V1NYY a o "a a CL TE A 3Nn Tnwaooaanw 9[-31VLR13L11 „iii!ii: ii ii:�::!;::!'•:;' ii ii ?? j'.j!j ?!i!i; j ?!::i!i:• `r!i:iiiiEEiiE "iiiE!i EiEiEE ^IEESS:EiEE!iEiiji; ii!ii!i•'. cq w fit ca IL MW NOISSWr °i to Lo l u'u� � rmrum avam txa-ntwsaoduly Awo arou olcrceivaau+' r Mn 11 1 1 fin A � 0'Id OYOy 31+3:1000 3WV OOf y a� � J � Q AIL c� G V Z Z 0 N EL cQ G Z 0 U 0 Q a. 2 O 5�s aka ° a�x x jig OIY/31fIDfi NVaal awnau+oa •Y� Ut � � � 6 O ¢p �G �� nab @NA27flai VtlVWV� V1NYY a o "a a OL- MVISHam I 9[-31VLR13L11 lit 'n fit MW NOISSWr gibs Lo l u'u� � rmrum avam txa-ntwsaoduly arou olcrceivaau+' Mn 11 1 1 fin 0'Id OYOy 31+3:1000 3WV OOf y a� � c� G V Z Z 0 N EL cQ G Z 0 U 0 Q a. 2 O U35 LANE Agenda Item No. SE January 23. 2007 Page 53 of 152 01 lls A- —HE RESEPVE FTNAPLE' Pul) I- VSHIPPOQPMLL L4.E5 UD III ' 1�, ZI 3 : 3 .. � Lv- PU:) "14 16 PUD PUD a- 12,20.25 PUD 9. 1"'im CPUD cAM 8 DE WU:E r NAPLES G -TE 'r LcrT L T LOT R*4*E ANCILEM PIW FAME CORNO* =SMS) 12 15 20 5 WT 2 dfi 1.18 Y - 92 PINE RIDGE POAD CP, 096 PINE MIDGE PDAD L.P. 896 3 I § 4 S TPAC ey DIALE T DPI',E PUD PUS'~` SUTHEPLAND CENTER Pll-E RIDGE PINE RIDGE CENTEP CENTER —cr a a L SUBJECT PUD PROPERTY PINE NEW SUGAIE B4Pr1' T CHUKH OF CHPIST A- PL: A- —HE RESEPVE FTNAPLE' Pul) I- VSHIPPOQPMLL L4.E5 oo0LO .+ C) O N LO � � N '0O C a- c � a 0) Q w I? a u 3 W b 1 Z m W 6m f W w a z z 5 � R' W (jy w i m k 9 fi I f s iL v v 3 � r B k -- Iwo p nuvss _j ENVIRONMENTAL RISK MANAGEMENT, E Licensed Engineering and Geology Firm - Assessment & Remedlation Consul June 21, 2005 Ms. Marty Williams Naples Nissan 1229 Airport Road North Naples, Florida'34104 RE: Phase I Environmental Site: Assessment Southwest Corner of Pine Ridge Road and Whippoorwill Lane Naples, Florida ERMI File No. C1057A Dear Ms. Williams: Environmental Risk Management, Inc. (ERMI) . has completed a Phase I Environmental Site Assessment of the referenced property according to our Contract Agreement, dated June 3, 2005. We investigated the land use history, site activities, and regulatory involvement of the property in the site vicinity according to American Society of Testing and Materials (ASTM) designation B1527-00, "Standard P_ r_ actice For Environmental Site Assessments: Phase- I-Ei vironmental Site — - Assessment Process ". The purpose of the investigation was to determine if evidence exists to suggest the impact or potential impact of hazardous substances and/or petroleum hydrocarbons to the subject property, __As- reconumended, die report is-presented ire the - ASTM- Standard. roz a .concise- r�v2ew of= t1��= T =— — findings, please -refer to Section - I_:0 of tlis report. Please ca-11 us at 1- 888 - ENV -MGMT (1- 888 -368 -6468) or locally at 239 - 415 -6406 if we can clarify the findings, further explain the significance of this document, or be of additional service to you. Sincerely, ENVIRONMENTAL RISK MANAGEAVNT, INC. .�d 1 Barton J. Baker, CFEA, RLPA Project Manager V. Stanley J, Rutka, Principal Geologist Headquarters u 15248 Tamiami Trail South #800. * Fort Myers, Florida 33908 1- 888 - ENV -MGMT (1- 888.368 -6468) a Fax 1-888- 368 -6329 a www.ermi.net ' 11 V. Stanley J, Rutka, Principal Geologist Headquarters u 15248 Tamiami Trail South #800. * Fort Myers, Florida 33908 1- 888 - ENV -MGMT (1- 888.368 -6468) a Fax 1-888- 368 -6329 a www.ermi.net Agenda Item No. 8E January 23, 2007 Page 56 of 152 TABLE OF CONTENT' 1.0 EXECUTIVE SUMMARY ............................................................................. ............................... 1 1.1 Introduction ...................................................................... ............................... ............................1 1.2 Continents on Risk Management ................................................................... ..............................1 1.3 Potential Sources of Irnpact ........................................................................... ..............................1 1.4 Opinion .......................................................................................................... ..............................1 1.5 Recommendations .......................................................................................... ..............................2 1.6 Conclusions .........................................,.......................................................... .............................,2 2.0 INTRODUCTION ........................................................................................... ............................... 2 23 Purpose ........................................................................................................... ..............................2 2.2 Detailed Scope -of- Services .....................................,...................................... ..............................2 2.3 Significant Assumptions ................................................................................ ..............................3 2.4 Limitations and Exceptions ............................................................. ............................... .............4 2.5 Special Terns and Conditions ....................................................................... ..............................5 2.6 User Reliance ................................................................................................. ..............................5 3.0 SITE DESCRIPTION ......... . ......................................................................... ............................... 5 3.1 Location and Legal Description ..................................................................... ..............................5 3.2 Site and Vicinity General Characteristics ...................................................... ..............................6 3.3 Current Use of Property ...................................................................,.......:...:. :..........,.......::.,..:....d - 3.4 Description of Improvements — - -- -- _ -- __ . - ' L1... i......_ .......................... L�.. 1,,.....1........... ..............,...............6 - 3.5 Current Uses of the Adjoining Properties ...................................................... ..............................6 4.0 USER PROVIDED INFORMATION .............................................................. .............................17 4.1 Title Records .................................................................................................. ..............................7 4.2 Environmental Liens or Activity and Use Limitations ...... ........,,.,......._...,.. ........................... 7-- -�#:3 Specialized Knowledge_ -- 4,4 Valuation Reduction for Environmental Issues ............................................. ..............................7 4.5 Owner, Property Manager, and Occupant Information ................................. ..............................7 4.6 Reason For Performing Phase I ..................................................................... ..............................7 5.0 RECORDS REVIEW ....................................................................................... ............................... 8 5.1 Standard Environmental Record Sources ................................................. ............................... .8 5.1.1 National Priorities List ( NPL) .............................................................. ............................... 8 5.1.2 CERCLIS ..................... 8 5.1.3 Handlers with Corrective Action Activity (CORRACTS) .................. ............................... 8 5.1.4 RCRA Notifiers with Treatment, Storage and /or Disposal Activities (TSD) ..................... 8 5.1.5 RCRA Notifiers with no Treatment, Storage and/or Disposal Activities (NON- TSD)...... 9 5.1.6 Emergency Response Notification System ( ERNS) ............................ ............................... 9 5.1.7 FDEP Petroleum Contamination Tracking System Report (PCTS) .... ............................... 9 5.1.8 FDEP Storage Tanks Report ( TANKS) ............................................ ............................... 10 5,1.9 FDEP Solid Waste Facilities ( SLDWST) .......................................... ............................... 10 5.2 Additional Environmental Record Sources .................................................. .............................10 5.3 Physical Setting Source(s) ...............:........................................................... .............................10 5.4 Historical Use Information on the Property .................................................. .............................10 5.4.1 Directories ............................................................................................ .............................10 i Agenda Item No. 8E January 23, 2007 Page 57 of 152 5.4.2 Aerial Photographs ............................................................................. ............................... 11 5.5 Historical Use Information on Adjoining Properties .................................... .............................11 6.0 SITE RECONNAISSANCE ......................................................................... ............................... 11 6.1 Methodology and Limiting Conditions ......................................................... .............................11 6.1.1 Methodology ...................................................................................... ............................... 11 6.1.2 Limiting Conditions., .................................................................................................... 12 6.2 General Site Setting .................................................................................... .............................12 6.3 Exterior Observations ................................................................................... .............................12 6.4 Interior Observations ................................................................................... .............................13 7.0 INTERVIEWS ............................................................................................... ............................... 14 8.0 FINDINGS ..................................................................................................... ............................... 14 9.0 OPINIONS ..................................................................................................... ............................... 14 10.0 CONCLUSIONS ............................................................................................. .............................14 11.0 DEVIATIONS ............................................................................................... ............................... 14 11.1 Exceedances .................................................................................................. .............................15 12.0 ADDI'T'IONAL SERVICES.; ........................................................................................ I ................ 15 13.0 REFERENCES .............................................................................................. ................I.............. 15 14.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONALS ....................... ............................... 16 15.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS ............ ............................... 17 15,1 Resume of Stanley J. Rutka, P. G .................................................................. .............................17 15.2 Resume of Barton Jet Baker, CFEA REPA ................................................. .............................18 153 Statement of Qualifications ......................................................................::.. .............................19 16.0 APPENDICES ............... - - — - - - -- - -- - - - -- _ ......................,............................................... .............................20 11 Agenda Item No. 8E January 23, 2007 Phase 1 1,10ironniental Site Assessment a Pine Ridge and Whippow -will Page 58 of 152 a ENVIRONMEMAL RISK HAiVAGEMENT, INC. w Jane 21, 2005 1.0 EXECUTIVE SUMMARY 1.1 INTRODUCTION Environmental Risk Management, Inc. (ERMI) has investigated the land use history, site activities, and regulatory involvement of the property located within the site vicinity according to American Society of Testing and Materials (ASTM) designation E1527 -00, "Standard Practice For Environmental Site Assessments: Phase I Environmental Site Assessment Process ". The purpose of the investigation was to determine if evidence exists to suggest the impact or potential impact of hazardous substances and/or petroleum hydrocarbons to the subject property. This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property. 1.2 COMMENTS ON RISK MANAGEMENT ASTM Standard E1527 -00 defines "Recognized Environmental Conditions" to include both actual and potential conditions. ERMI wishes to emphasize the distinction between - - - a -- potential environmental concern and an actual environmental condition. A potential environmental concern does not necessarily mean that an economically significant environmental condition exists. It. is ERMI's- policy to outline each potential concern and provide opiiirons regarding - - - -- - rislc; but ultimately, the level "of diligence necessary to proceed with the project is a decision that each client will need to snake based on their individual level of risk tolerance and their. understanding of the potential concern, We strive to educate our clients regarding environmental issues so informed decisions can be made. In many cases, further investigation is necessary to provide additional assurance to clients that the potential environmental risk will not lead to actual liability. 1.3 POTENTIAL SOURCES Or IMPACT No evidence was identified in this investigation to indicate the presence of environmental impact to the subject property. 1.4 OPINION Based on research conducted in this investigation, it is ERMI's opinion that an economically significant source of impact has not been identified. w)sw,ernti.net LRi1U File No. C1057A Agenda Item Nc. 8E January 23, 2007 Phase I Isnrinmineutal Site Assessment .► Pine Ridge and Whippoorwill Page 59 of 152 ENVIRONAIENTAL RISK AIANAGEMENT, ItVC. a June 21, 2005 14 RECOMMENDATIONS Recommendations to consider regarding environmental management at the site include a policy to prevent discharges of hazardous materials or petroleum hydrocarbons into the environment. If any such materials are introduced to the site, a control policy of spill, release, and discharge prevention should be implemented. 1.6 CONCLUSIONS Based on ERMI's observations and the results of this investigation, no evidence of environmental impact has been identified. Further investigation is not considered necessary at this time. 2.0 INTRODUCTION 2.1. PURPOSE The objective of this investigation is to use reasonable judgment in assessing the evidence obtained to identify recognized environmental conditions in connection with the subject property. The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleurn products on a prpppjty under conditions----- -- - — -- = -- - –that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. The term is not intended to include de miriirnis conditions that generally do not present a material risk of harm to public health j or environment and -that generally -would not be -the subject _.o# an enfaroement action if -- - I _ . -_ brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis are not recognized environmental conditions. In the opinion of Environmental Risk Management, Inc., the performance of an environmental site assessment in accordance with ASTM Practice E 1527 -00 constitutes good commercial practice. The methodology is summarized in our contract agreement dated June 3, 2005. A copy of the contract agreement is provided in Appendix 16.5. Conformance with this method represents appropriate inquiry to determine the location and existence of potential sources of environmental impact without intrusive testing. The intention of this diligence is to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA (42 USC -� 9601 (35)(B)). 2.2 DETAMED SCOPE -Or- SERVICES The scope of services conducted by ERMI includes the following: 1. A review of reasonably available historical documentation, including, but not limited to United States Geographical Survey (USGS) maps, topographic reaps and aerial Photographs. wirw.erwi.net 2 L1i ;itl File !"Yo. CI057A Agenda Item No. 3E January 23, 2007 Phase I Lnv(tonurental Site Assessment o Pine Ridge and Whippovrivill Page 60 of 152 a EIVVIRONIVE,YTAL RISK IYIANAGE.HEAFT, 11VC. W June 21, 2005 2. A review of local, state and federal regulatory agency records to identify registered hazardous waste generators, waste storage disposal facilities, registered aboveground and underground storage tanks, and complaint files concerning the subject property and surrounding properties within 1/2 mile of the subject property. 3. The performance of a site reconnaissance on June 10, 2005, of the subject property located at the southwest corner of the Pine Ridge Road and Whippoorwill Lane intersection, Naples, Florida for the assessment of: • Toxic or hazardous materials storage, use and disposal. • Bodies of water with sheens, odors or evidence of pollution. • Aboveground or underground storage tanks. • Pad or pole - mounted electrical transformers for evidence of Polychlorinated Biphenyl (PCB), o Stressed vegetation. o Pools of liquids. • Storage containers and /or 55- gallon drums. • Floor drains. • Source of potable water supply. • Sewage disposal system. • Hills, mounds or- evidence of burial. • Solid waste disposal, garbage or dumping. 4. The performance of a drive -by of the area .__identify any potential sources of- contamination:- within a 1/ mile radius of the site to 5. Interviews with current and past owners and local historians. 6. Interviews with as many people as deemed necessary to achieve the purpose of this investigation. 7. This report, which is intended to document our findings from data research and to present our environmental recommendations and conclusions. Please refer to the contract agreement presented in Appendix 16.5 for more details. 2.3 SIGNIFICANT ASSUMPTIONS ERMI assumes that: 1) The client has provided any pertinent information or documentation relative to this assignment. 2) The results of interviews are reliable— 'D') information obtained from various references and records are reliable. irww.eivni.net 3 LR1111 Pile IM). C1057A Agenda Item No. BE January 23, 2007 Phase I ! w(romnottat Site Assessluent a Pine Ridge and Whippoorwill Page 61 of 152 a ENI ,1IROMWENTAL RISIC MArVAG&UENT, INC. 4 June 21, 2005 4) The user of this report has a general understanding of the inherent limitations to the assessment process, understanding that environmental assessments are simply risk management tools for use in decision making regarding involvement with real property, and that ERMI is not responsible for liabilities caused by any decisions made by the user of this assessment. If any of these assumptions are Incorrect, please contact ER.c'/II immediately for clarification. 2.4 LIMITATIONS AND ]EXCEPTIONS This environmental site assessment report is limited to the investigation of the potential impact of hazardous substances or petroleum hydrocarbons to the subject property. Additional environmental services, including, but not limited to: asbestos containing materials, radon, lead -based paint, lead in drinking water, wetlands, cultural and historical resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, and high voltage power lines are not included in this report. The investigation is limited to the scope of work defined in the contract agreement. The following standard sources of historical data were not available, not provided, or not obtainable within the time constraints of this report: • iTe Insurance maps • Land Title Records Consequently, historical data for the purposes of this report was limited to _available aerial. -- -- - - - - -- ---- photograplss,= :complaint tiles review, pollc's City Directories and client- provided information. No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a property. ERMI recognizes, based on experience, that with any facility that has historical land use(s) Mitre underground storage tanks were utilized, there is the possibility that unregistered, underground storage system(s) could have been in use prior to installation of the current or former registered underground storage system(s). The Phase I ESA process, conducted according to ASTM Standard E 1527-00, limits the historical investigation to aerial photographs, city directories, interviews, and observations made during a site reconnaissance. ERMI recognizes that unregistered underground storage tanks could go undetected even with a diligent investigation by these processes. An unregistered tank would he a hidden condition as described in our contract agreement. Subsurface testing and sampling procedures were beyond the scope of services of this investigation. For additional confidence regarding environmental impact to the property, www.cl•uttalet ls'I�;iII1'ilc.'`u. C105M Agenda Item No. 8E January 23; 2007 Phase 1I'+tvirouine,rtal ,Site zlssessmenl FA Prne Ridge and Whippow-will Page 62 of 152 +� BiWIROMWEINTAL RISK A;IAiVAGEJVIEIVT, INC. -0 June 21, 2005 further study involving subsurface testing and analysis would be required. Such testing to provide further assurance is an option that is always available to the client upon request at this level of investigation. Section 3,2 and many of the conclusions of this report are based on the site reconnaissance, that was conducted June 10, 2005. If further assurance regarding environmental impact on the subject property subsequent to the site reconnaissance is desired, ERMI or another environmental consultant should visit the site, and update the report. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not -be used for any purpose by any person other than the party to whom it is addressed without written consent of ERMI, It is intended to be used in its entirety. Neither all nor any part of the content of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales, or any other media without written consent and approval of ERMI. Acceptance of and/or use of this assessment constitute acceptance of all provisions and limitations stated in this report. ERMI liability shall be limited to injury or property damage caused by the negligence of ERM1. ERMI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substances or conditions at the site, and its compensation hereunder is in no way commensurate with ..the,potential risk of injury or loss that may be caused by such- substances or conditions. 2.5 SPECIAL TERMS AND CONDITIONS The terms and conditions of this report are provided in the contract agreement, which is _. _._provided in Appendix 16.5 of this report. 2.6 USER RELIANCH ERMI certifies this report to Wachovia Bank, SunTrust Bank, and Nissan Motor Acceptance Corporation. The report was prepared for the exclusive use of the above entities, which may solely rely on the report contents. Reliance on this report is contingent upon unconditional acceptance of all terms and conditions of the contract (please refer to Appendix 16.5) and all limitations contained in this report, As described in the contract agreement, if additional parties request additional reports or reliance on ties report in the future, current client permission will be required and additional fees may apply, 3.0 SITE DESCRIPTION 3.1 LOCATION AND LEGAL DESCRIPTION The subject property is located at the southwest corner of the Pine Ridge Road and Whippoorwill Lane intersection, Naples, in Section 18, Township 4 -9 South, Range 26 w�j tt ,e+n+.i.+eet 5 ERi177 File No. C1057A Agenda Item No. 8E January 23, 2007 P7rnse I P.nrironnrarrral Sire Assessnrerrr 4 Pirre Ridge and Whippoorwill Page 63 of 152 EINIVIRONAIENTAL RISK MANAGEMENT, INC -a Jane 21, 2005 East, Collier County, Florida. The legal description, information from the Collier County Property Appraiser's office, and a Site Location Map are provided as Appendix 16.1 of this report. 3.2 SITL AND VICINITY GENERAL CIiARACTERISTICS The study area is defined as all property within a one - quarter mile radius of the site. A vehicle search of the area was conducted to determine conservative boundary limits and to create a list of facilities within thus area that appeared to have the potential to impact the subject property. The entire study area consists of commerical and residential land uses. No dumping, landfills or improper disposal of waste was observed. Adjacent properties generally represent the greatest off -site environmental threat to a site. The adjacent and surrounding properties observed during the study area search were: a North: Pine Ridge Road; barley Davidson Dealer; Perkins' Restaurant; undeveloped land • South: Hospice of Naples • West: undeveloped land * _ East: Whippoorwill Lane; Chevron; Spinnaker-Inn of Naples --- No evidence was discovered during the study area drive -by to indicate that any of the adjacent or nearby properties are currently sources of environmental impact to the subject property. -- -- — '' — 3:3 - CURRENT Usr OF PROPERTY The subject property is currently undeveloped. 3.4 DESCRIPTION Or IMPROVEMENTS There were no improvements observed on the subject property during the site reconnaissance. 3.5 CURRENT USES OF TI, ADJOINING PROPERTIES The properties adjacent north, across Pine Ridge Road, are a motorcycle dealership, a restaurant, and undeveloped land. The property adjacent south is a health care facility. The properties adjacent east, across Whippoorwill Lane, are a gas station and an inn. The property adjacent west is undeveloped land. io n iv.errrri,uel ERA1I Tile No. C1057A f� Agenda Item No. 8E January 23, 2007 Please I Enviromnental Site Assessrrrent 0 Pine Ridge and WhiPpoorwill Page 64 of 152 w ENVIROMWENTAL RISK IWAiN'AGEMENT, INC. 0 Jane 21, 2005 4.0 USER PROVIDED INFORMATION 4.1 TITLiJ Ruco"s Title. Information concerning the subject property has not been provided to ERIVCI as of the date of this report. Title Information can .be reviewed to identify former owners, leases, easements, and land uses of the site and to determine if any environmental cleanup liens have ever been placed on the property, If requested, ERNE will review this document and provide the results as an addendum to this report. 4.2 ENVIRONMENTAL LigNs OR ACTIVITY AND UsE, LIMITATIONS Based on information obtained from this assessment, there are no environmental liens or activity and use limitations at the subject property. 4.3 SPECIALIZED KNOWLEDGE The user of this assessment has no specialized knowledge or experience that is material to recognized environmental conditions in connection with the subject property. 4.4-._ VALUATION REDUCTION FOR ENVIRONMENTAL ISSUBS The user of this assessment was not aware of any environmental issues in connection with the subject property that have reduced the purchase price of this property. 4.5 -_ OWNER, PROPERTY MANAGER, AND OCCUPANT INFORMATION— The property is currently owned by Richard C. Myers Trust and Pine Ridge Investors of .Naples, according to information obtained from the Collier County Property Appraiser's Office. Please refer to Appendix 16.1 for additional information. 4.6 REASON FOR PERFORMING PHASE I This assessment was conducted with the intention of satisfying one of the requirements to qualify for the innocent landowner defense to CERCLA liability and to assess business risk. Refer to Section 2.1 for more information. www.ernd.f1ct 7 ERIVIT'deNo. C10S7/1 Agenda Item No. 3E January 23. 2007 phase ! I neirunnrental Site Assessrnenf a Pine Ridge and Whippoortrill Page 65 of 152 4s ENVIRONMENTAL RISKMAtVAGEMENT, INC. a June 21, 2005 5.0 RECORDS REVIEW 5,1 STANDARD ENVIRONMENTAL RECORD SOURCES 5.1,1 National Priorities List (NPL) The National Priorities List (NPL) is a listing of facilities and/or locations where environmental contamination has been confirmed and prioritized for " Superfund" cleanup activities. This " Superfund" was initially established under the Comprehensive Environmental Response Compensation and Liabilities Act of 1980 ( CERCLA) and reinstated under the Superfund Amendments and Re- authorization Act of 1986 (SARA). There are no facilities listed in this database within one mile of the subject property. 5.1.2 CERCLIS The Comprehensive Environmental Response Compensation and Liability Inforfnati011 System (CERCLIS) is the EPA Office of Emergency and Remedial Response database. Over 25,000 sites nationwide are reported to the agency as having potential environmental problems. The EPA or the appropriate state agency determines if hazardous substances are present in sufficient quantity to justify placing the site on the NVL. The facility would then be prioritized, according to the degree of environmental health and safety concerns, to determine the ranking of its federally regulated cleanup. There are no facilities listed in this database within one -half mile of the subject property. _5_1-3- , Handlers with Corrective Action Activity- (CORRACTS) The USEPA Corrective Action (CORRACTS) data is a listing of hazardous waste handlers that have undergone some type of enforcement and corrective action activity to address non - compliance with RCRA regulations. This information is compiled by the EPA Regional and State RCRA program personnel, as well as the RCRA facilities themselves, into a national information system referred to as RCRAhlfo. There are no facilities listed in this database within one -half mile of the subject property. 5.1.4 RCRA Notifiers with Treatment, Storage acid /or Disposal Activities (TSD) The USEPA Resource Conservation and Recovery Information System (RCRIS) identifies those facilities or locations that have notified the EPA of their activities relative to the handling of hazardous waste transportation, and hazardous waste treatment, storage and disposal, as defined by federally recognized hazardous waste codes. Generators are typically divided into large - quantity and small- quantity generators (LQG and SQG, respect> ;rely). Hazardous waste facilities involved in the Treatment, Storae -and Diis^1osall L l.re often groulp cd into ° L "'r-CL } caGL erbm . L hern- � er•rrti.rlet 1,36111 File No. 0057A Agenda Item No. 8E January 23, 2007 Phase 1 Isnvlrmmnental Site Assessment v Phle Ridge and Whippow -will Page 66 of 152 +� ENVIRONMENTAL RISK MANAGEMENT, INC. iv .here 21, 2005 are no facilities listed in this database within one -half mile of the subject property. 5.1.5 RCRA Notifiers with no Treatment Storage and /or Disposal Activities (NON -TSD) The USEPA Resource Conservation and Recovery Information System (RCRIS) identifies those. facilities or locations that have notified the EPA of their activities relative to the handling of hazardous waste transportation, and hazardous waste treatment, storage and disposal, as defined by federally recognized hazardous waste codes. Generators are typically divided into large- quantity and small- quantity generators (LQG and SQG, respectively). Hazardous waste facilities involved in the Treatment, Storage and Disposal are often grouped into a "TSD" category. There are no facilities listed in this database within one -[half mile of the subject property, 5.1.6 Emergency Response Notification System (ERNS) The Emergency Response Notification System (ERNS) database contains a listing of facilities that have been reported to the EPA as having released potentially hazardous material. The listing includes information such as the date of the incident, the response by those involved, the hazardous substances involved, and the reported location of the incident. The subject property is not listed in this database. 5.1.7 FDEP Petroleum Contamination Tracking Systern Report (POTS) — - - e Florida Department_ of _ Environmental- "Pi6f -,- ion- (FIMPT_- Petroleum- -- — Contamination Tracking System (PCTS) list is a subset of the FDEP Storage Tank and Contamination Monitoring Database and identifies facilities and/or locations that have notified the FDEP of a possible release of contaminants from petroleum storage systems. There is one facility listed in this database within one -half mile of the subject property, Shell Pine Ridge/Dudley, 6615 Dudley Drive, is located approximately 686 feet southeast of the subject property and has reported a discharge of petroleum to the State on October 26, 1988. This facility participates in the Early Detection Incentive Program (EDI) and was given a priority ranking of 31. The State - funded cleanup for this facility has the opportunity to occur when the priority number is recognized by the State. Based on distance and eligibility witlun the State - funded cleanup program, this facility is not considered to represent a source of environmental impact to the subject property. IVli� IV. er•nri..nel 9 E10111 Tile Ala. 0057A Agenda Item fro. 8E January 23, 2007 Phase 1 Eirvirutmental Site ASSCSStneul oa Pine Ridge and Whippoorwill Page 67 of 152 a ElV111ROMWEINTALRISIi MAIVAGEMEAT, IJVC, o June 21, 2005 5.1.8 FDEP Storage Tanks Report (TANKS) The Florida Department of Environmental Protection (FDEP) Storage Tanks Report identifies those facilities or locations that have registered aboveground and /or underground storage tanks pursuant to the notifications requirements found in applicable chapters of the Florida Administrative Code. This Report is generated from the FDEP Storage Tank and Contamination Monitoring Database, The subject property is not listed in this database. 5.1.9 FDEP Solid Waste Facilities (SLDWST) The Florida Department of Environmental Protection (FDEP) Solid Waste List (SLDWST) identifies locations that have been permitted to conduct solid waste landfilling activities or other waste handling activities such as those conducted at transfer stations. In addition, sites handling bio- hazardous wastes are also included on this list. There are no facilities located within one -half mile of the subject property. Regulatory research produced no evidence to indicate environmental impact to the subject property from facilities and /or activities in the study area. 5.2 ADDITIONAL ENVIRONMENTAL REcoizp SOURCES Local records reviewed include: • OCULUS - FDEP website consisting of a database of reaulaWiy_... -- - --- - - - - -- 5.3 PIIY'SICAL SETTING SOURCES) The USGS 7.5 minute topographic map (see Appendix 16.1) of the study area was reviewed and indicated that the topography of the study area is relatively flat with no large hills or valleys that nught aid in the potential migration of hazardous substp ices and/or petroleum hydrocarbons. No potential sources of impact to the subject property were identified from the topographic neap review. 5.4 HISTORICAL USE INFORMATION ON THE PROPERTY 5.41 Directories The Polk's City Directories for Naples, Florida were referenced for the subject property for determination of current and former land use. Polk's City Directory research produced no listings for the subject property. This is defined as data failure according to ASTM Standard E1527 -00. wtt u.erttti,rtet -_ 10 ERATI bile No. G1057A Agenda Item No. 8E January 23. 2007 Phase I Enviroamcutat Sitc,Asstwinerrt 0 Pine Ridge and Whippoorwill Page 68 of 152 a ENVIRONMENTAL RISK M.,UVAG1;MENT, INC. a June 21, 2005 5.4.2 Aerial Photographs The 1973, 1975, 1981, 1985, 1989, 1993, and 1997 aerial photographs of Section 18, Township 49 South, Range 26 East, Collier County, Florida were observed to identify the extent and nature of recent land uses. The aerial photographs are public documents available from the Collier County Property Appraiser's Office and the Collier County Natural Resources Conservation Service office. Aerial photographs depicting the subject property are provided below. Review of the aerial photographs indicated that the subject property was formerly used for agricultural purposes. No evidence or irrigation pumps or maintenance barns was observed in any of the aerial photographs reviewed. No evidence of adverse environmental impacts was observed at the subject property during the site visit. The 1993 and 1997 aerial photographs indicated that the subject property appears similar to what exists there today. A copy of the 2003 aerial photograph is provided in Section 16.1 of this report. Based on the land use history investigation, former study area activities are not considered to represent potential sources of environmental impact to the subject property with the exception of former agricultural land uses, which represent a potential concern. No tanks or maintenance areas were observed in aerial photographs. Based on the lack of evidence to document a specific source area, - -- -- ERMI considers this to be a low risk. --Sampling would be necess p g ary to verify that the site is not impacted. Without a specific area of concern, such sampling would need to be random. Please refer to Section S.4 of this report for more information. The . subject -property -was - -- observed to be undeveloped_ in- the X003 aerial photograph. Acriaf photographs prior to 1973 were not readily available for review and, thus, not considered necessary during this investigation, Based on the land use history investigation, former study area activities are not considered to represent potential sources of environmental impact to the subject property. 5.5 HISTORICAL USE INFORMATION ON A.D,10MNG PROPERTIES Please refer to Section 5.4 and 3.5 for information on adjoining properties. 6.0 SITE RECONNAISSANCE 6.1 Methodology and Limiting Conditions 6.1.1 Methodology Coordinate access to the site. ivww.ermiaza, 11 1.' M11 Fife Alo. C1057A agenda item No. 8E January 23. 2007 Phase 1 Envir-ouniental Site Assessment ;4 Pine Ridge and Whippoor)NII Page 69 of 152 �+ ENVIRONMENTAL RISK MAArAGEAMAIT, INC. a Jwm, 21, 2005 • Check in with site manager /personnel. • Perform room -by -room interior inspection. Perform grid pattern exterior observation. • Sketch site plan. + Document site conditions using one or more of the following (photographs, notes, video, audio recorder, etc.). 6.1.2 Limiting Conditions • Dense vegetation. + Pavement, concrete, or buildings on site, may hide or obscure evidence of impact that may have existed on the site prior to development. • Hidden conditions (see Terms and Conditions in Appendix 16.5). 6.2 GENIr AL SITE, SEMING The subject property consists of three undeveloped parcels at the southwest corner of the Pine Ridge Road and Whippoorwill Lane intersection in Naples, Collier County, Florida. DESCRIPTION OF ON -SITE STRUCTURES There were no structures observed on the subject property during the site reconnaissance. __.. - SURFACE DRAINAGE _ . A drainage ditch extends the length of the subject property along the northern property boundary. PUBLIC UTILITIES, POTABLE WATER SUPPLY & SEWER SYSTEMS The subject properly is serviced by municipal sewer and water systems. 6.3 Exterior Observations UNDI ROROUND STORAGE TANKS None were observed during the site reconnaissance. ABOVEGROUND STORAGE TANKS None were observed during the site reconnaissance. 12 EXATI Fite 1\10. C1057A Agenda Item No. 8E Phase 1 Environmental Site Assessment w Piave Ridge and Whippoonpill January 23, 2007 Page 70 of 152 E11tVIRdNc1dENTALI {ISICrY1fiNAGEt�1EIV?', I�VC. +� June 21, 2005 SOLID WASTE DISPOSAL None were observed during the site reconnaissance, PAD OR POLE - MOUNTED TRANSFORMERS (PCB None were observed during the site reconnaissance. HILLS, DEPRESSIONS OR SIGNS OF BURIAL None were observed during the site reconnaissance. LAKES, PONDS, BODIES OF WATER A drainage ditch extends along the northern boundary of the property. STORAGE CONTAINERS / 55 GALLON DRUMS None were observed during the site reconnaissance. HAZARDOUS MATERIALS STORAGE USE OR DISPOSAL _ - — --- - one were � erved d�ririg tlxe 5i% rec�ndaissance. 6.4 Interior Observations HAZARDOUS CONT- AINERS - --- None were observed during the site reconnaissance. FLOOR DRAINS None were observed during the site reconnaissance. CHEMICALS USED None were observed during the site reconnaissance. HAZARDOUS MATERIALS STORAGE HANDLING OR DISPOSAL None were observed during the site reconnaissance. Based on site observations, no evidence was discovered to indicate that the site has been impacted by petroleum or hazardous substances as a result of current site activities. No tanks, soil stains, distressed vegetation, or other evidence to indicate the presence of contamination on the property from current or former land uses was observed, wEG w. enn..bica 13 ER AY Fitt, No. 01057,4 Agenda Item No. 8E January 23; 2007 Phase I Enrirorrnrental Site Assessment o Pr.ne Rrclge and Whippool-svill Page 71 of 152 ENVIRONMENTAL RISK MANAGEMENT, INC. a Jime 21, 2005 7.0 INTERVIEWS During a previous investigation, ERMI interviewed Mr. Bob Caughey, Oii and Gas Coordinator for the Florida Department of Environmental Protection, Bureau of Geology. Mr. Caughey indicated that no exploratory oil wells have ever existed in the study area. This paragraph presents the results of an interview with Mr. John Beriault Jr., local historian and former president of the Collier County Historical Society.. Mr. Beriault confirmed the existence of agricultural practices in the study area. According to Mr. Beriault, prior to the paving of Pine Ridge Road in the 1980's, it was a compacted limerock surfaced roadway from Airport Road (west of subject property) to Livingston Road (approximately .5 rpile west of the subject property). Mr. Beriault indicated that the study area became more developed with residences and grew quickly within the last six or seven years. No evidence to suggest the presence of adverse enviroiunental impacts in the study area was discussed during the course of this interview. During a previous investigation, ERMI interviewed Captain Orengren of the Collier County Fire Department (Pine Ridge Road Station). Captain Orengren was contacted to determine if the local fire department or hazardous materials team has responded to any incident that may have had a significant impact on the environmental quality of the subject property or surrounding vicinity in recent years. To the best of this knowledge, Captain Orengren stated that neither the fire department nor the HAZMATteam -has= responded to any such incident in the-site vicinity in- - -_ recent years, 8,0 FINDINGS -- -= —= -Please -refer to SectiW1.0 9.0 OPINIONS ERMI has no professional opinions regarding the environmental quality of the site other than those presented in Section 1.0. 10.0 CONCLUSIONS Please refer to Section 1.0 for more information. 11.0 DEVIATIONS Any deviation from ASTM standard E 1527 -00 that is not listed will have no bearing on the results of this investigations, based on the lolowledge and experience of ERMI. Further Phase I ESA research services are not considered necessary to achieve the purpose of this Phase I ESA investigation. it w�r,ernri.rut 14 Ekrlfl File No. C10.57A • I 1'11ase I E71vl1•0tw1enfa1 Stte assessment 0 Piste Ridge and Whippoorwill ENVIRONMENTAL RISK 1111AiVAGE/Y1ENT INC. (6.Irene 21, 2005 Agenda Item No. 8E January 23, 2007 Page 72 of 152 The search radius conducted in this assessment is considered sufficient by ERMI to achieve the purpose of this Phase I ESA. The search radii outlined in ASTM E 1527 -00 are considered to be excessive for the region, and were not precisely followed in this investigation, as outlined in the table below. Record Sources ASTM ERMI Search Search Distance Distance State leaking UST lists 0.5 miles .25 nules This opinion/judgment is based on the slow flow rates of groundwater migration, the liability protections afforded to "innocent landowners" in s.s.376.308, F.S., and 14 years experience in the region. 11,1 EXCREDANCES None for this investigation. 12.0 ADDITIONAL SERVICES None for this investigation. 13.0 REFERENCES • Collier County Property Appraiser's Office WE13S1TES • Collier County Property Appraiser's Office • FDEP • OCULUS • The Right -To -Know Network • Terra Server Aerial Photographs Owner Information; Maps Petroleum Storage Tank Discharge Databases; Facility Information Assessment, Ranking And Status Repotis Hazardous Waste Databases Aerial Maps tca�ii.ernti.nc't 15 EflkllTileAlo. CIf157A Agenda Item No. 8E January 23. 2007 Phrase I l;nvirmnav ud Site As:sessnrent a Pine Ridge and Whippoorwill Page 73 of 152 i v ENVIRONJIl&VTAL RISK MAtVAG&IIIENT, MC. 4 June 21, 2005 14.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONALS The undersigned certifies the information contained in the above report and the statements made herein below are true and correct to the best of my knowledge and belief. 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and our personal, unbiased professional analysis, opinions and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest or bias with respect to the parties involved or their representatives. 4. Our compensation is not contingent upon the attainment of a stipulated result or finding. 5. The environmental report was performed in accordance with ASTM standard practices. Stanley J. Rutka, RG, Principal Gedlogist IIIWW.errtri.nel 16 E10,11 File, No. C1057ri Agenda Item No. 8E January 23, 2007 Page 74 of 152 PUDA- 2005 -AR -7818 REV: 4 Project: 19990020 Date: 7/21/2006 DUE: 8/23/06 ENVIRONMENTAL, IMPACT STATEMENT PINE VIEW PUD Section 18, Township 49 South, Range 26 East Collier Counter, Florida Revised July 2006 Prepared by: EW Consultants, Inc. 10961 Bonita. Beach Rd. Bonita Springs, FL 34135 OApril 2006 Agenda Item No. 3E January 23, 2007 Page 75 of 152 10.02.02.A.4. a. APPLICANT INFORMATION i. Responsible person �vho wrote the FIS and his /her education and job related environmental experience. Orizinally submitted bv_: Ilene J. Barnett; hd.S. (Alarine .biology & Microbiology), B.S. (Environmental Science), 15 years of professional experience in environmental sciences in Florida, including 7 years professional experience as Environmental Scientist /Consultant. Calusa Coast Ecologists, 172c.; President, Amended by: Tiara Cave, E1Y Consultants, 4 years professional environmental field experience as an environmental consultanllbiologist. EFTI Consultants, Inc. is the now environmental consultant for the applicant, Both resumes are provided in Attachnient 1. ii. Owners) /agent(s) name, address, phone number, email address. Owner: Richard C. Myers, TR 12888 Bald-Cypress Lane Naples, FL 34119 went: Mr; Tiny Hancock, AICP Talon Management, Inc. PO Box 9229 Contractor for Agent: -- Kara Cave - - - EW Consultants, Inc. 10961 Bonita Beach Rd. Ste. 110 Contract_ up rchaser: maples, FL 34104 Bonita Springs, FL 34136 —men:- Freeland,- �ap.Ics- Nisaan_— _Plrone.::(239) -262 1�?_Z _.. _ Local: (239) 596 -0544 1229 Airport Road North Email: Email: Naples, FL 34104 taloiunanagement( @arthlink.net kcave @ewconsultants.com Phone: (239) 643 -3800 Email: bfreeland @aplesnissan.coni 10.02.02.A.4. b. MAPPING AND SUPPORT GRAPHICS i. General location map. A general_ location 771013 is provided in Attachment 2. ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200' outside the parcel boundary. This does not mean the applicant is required to go on to adjacent properties. Habitat identification consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200' when available from the county, Agenda Item No. 8E January 23, 2007 Page 76 of 152 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 legend for each of the FLUCFCS categories found on -site shall be included on the aerial. Habitats on the site were mapped according to the "Florida Land Use, Cover and Forms Classification System (FLUCFCS)" manual (FDOT, 1999). The FLUCFCS nzap unit boundaries, FLUCFCS codes, and legend are shown on the aerial photograph provided in Attachment 3, The existing FLUCFCS types and acreages, along with a detailed description of the habitats on the site are provided in Attachment 6: Habitat & Protected Species Survey Report iii. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of the FLUCFCS categories shall be provided. Please refer to Attachment 4 — FL UCCS and Topo Map and Attachment 13: Topographic Hap. iv. Soils neap at scale consistent with that used for Florida Department of Transportation - Florida Land Use Cover and Forms Classification System determinations. The pre - development soil map unit boundaries have been obtained from maps prepared bj) the U.S Department of Agriculture - Natural Resources Cnnse�i)ation Service (ATCS) and ar -e shown to Attachment S: Soils Mdtf - - -- — ... -- -- _ v. Proposed drainage plan indicating basic flow patterns, outfall and off -site drainage. -- — �%ase =re er to Atfirelanier l7 Prelianaraar Era ar._neeriiz =7te �ortT S cr - ace - .�!:.;-..:— b— ._ -. —: Management. This report discusses the drainage plan for the site in general terms. The final drainage plan for the site will be submitted during the ,SDP phase of this project. vii. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. The development plan is included in the Application for Amended PUD package, of which this EIS is apart. viii. 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 acgUlsition areas, major i7owways and potential wildlife corridors, Please refer to Attachment 9: Site Plan with FLUCFCS overlay, Attachment 15 shows the site layout in relation to the adjoining development. Agenda Item No. 2E January 23, 2007 Page 77 of 152 I0.02.02.A.4.c. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION i. Provide an overall description of the project with respect to enviromnental and water management issues. The Pineview PUD consists of two parcels totaling 15.2 acres in area, which will be developed as a commercial use development. The project will include commercial buildings, parking, a sur face water management system, internal roads and driveways, open space areas, and a native vegetation preservation area. Please refer to Attachment G: Habitat and Protect Species Survey Report, for detailed information regarding the current environmental site conditions. There is one 1.5 acre jurisdictional tivetland area on the site. Two abandoned gopher tortoise burrows currently exist on the site. Based on review of a 1975 aerial photograph (Attachment 7), it appears that the northern approximately 113 of the site has been historically cleared, and disturbed by agricultural activities. This area consists ref disturbed dry prairie and shrub & brushlands, with remnant farm furrotivs and ridges running through it. It also contains exotic vegetation (Brazilian pepper, earleaf acacia, and java plum) and nuisance ruderal species (dog fennel, ragweed, and Spanish needles). The southern approximately 213 of the site is predominantly native pineipalmetto flatwoods of good quality with some hydric pine. - Other land uses on tl site include -a cleared strip �f land previou.cljt provided fo3 ten�porar y — access to the parcel to the south; disturbed previously cleared areas along the eastern property boundary, and an "L" shaped ditch with associated berms and drainage ditches. 1'l�e applicarat�s- proposing a� econfiguratian -of the- original indigenous- 72re.ser ve in the southern portion of the property to include portions of the on -site ti��etlarid. The preserve area is approximately 1.1 G acres in size, and includes upland and wetland areas. The proposed preserve is contiguous to the preserve on the adjoining property to the west that according to staff has been cleared excavated for a swale, and replanted. The applicant proposes to remove the nuisance exotic vegetation (EPPC Classes I and 1I), and maintain all retained habitat free of these exotics in perpetuity. N'Irere needed to re- establish adequate coverage of native ,species where exotic nuisance species are removed, 1- gallon groundcover plants, 7- gallon shrubs, and 14' high trees will be planted such that final plant densities achieve an average of 3' centers for ground cover-, 5' centers for shrubs, and 20' centers for frees. No commercial or industrial uses that could generate air pollutants are proposed. No tidally influenced habitats are present on the site. Noise generated after completion of the project Trill be typical for similar developments. Primary sources of noise will be vehicles, lawn maintenance equipment, air conditioning equipment, and human activities. These are not expected to exceed Couno) standards. Agenda item No. 8E January 23, 2007 Page 78 of 152 No adverse changes in levels of water pollution are expected to occur since the development of the site involves the construction of a surface water management system that will treat site runoffprior to its discharge into adjacent existing drainage ditches. The site will be developed according to South Florida Water Management District (SFWMD) and Collier County criteria for the design of surface water management systems, The specific design of the system and specific details regarding the project site drainage plan will be determined during the SDP phase of the review process. The minimal environmental impacts associated with this project are unavoidable, if a viable project is to go forward at this site. ii Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the GMP, where applicable. This project is consistent with Policy 2.2.2, The stormwater system is designed in accordance with South Florida Water Management District and Collier County standards, such that the discharge water will not degrade receiving waters. The project is consistent with the Policies in Objective 6.1 and 6 2 of the Conservation & Coastal Management Element, for the following reasons; Folic } G.TT In accordance vi ills this policy, 15T -df the total native 7aabilat pt-esent within the commercial site will be preserved. The native habitats on the site include FLUCFCS Code 411 (_S,6 acres) and FLUCFCS Code 625 (1,5 acres), plus the previously illegally cleared portion at the south end of the site, FLUCFCS Code 740 (0.6 acres), totaling 7.7 acres; tiler e_. = ., ::1.- acres o n_a7ive preservatignis rc urr ed - — -- proposed preserve is 1.16 acres in size. The preserve is configured to allox, for the greatest contiguous area possible, in.corl3orating both on -site wetlands and associated upland islands from the existing native vegetation area. The proposed lake, will also serve as a freshwater source for wildlife, Policy 6.1,4: Exotic vegetation rernoval/rnainienance plans shall be required at the tune of' Site Development Plan/Construction Plan submittal. Preserve areas shall be maintained free of Category I and 11 invasive exotic plants as defined by the Florida Exotic Pest Plant Council. Policy 6.1.7: The minimum native vegetation requirement has been met. Along with providing water quality treatment and water storage, the proposed storniwater lake with associated required littoral shelf planting areas tia -ill provide some habitat diversity and a potential increase in habitat usage by wading birds and other aquatic species such as aquatic insects, amphibians, reptiles, and fish. Policy 6.1.8: The requirement for an Environmental impact Statement (EIS) pursuant to policy 6.1.8 has been satisfied, Agenda item No. 8E January 23, 2007 Page 79 of 152 Policies 6.2.1 and 6.2.2: A'fornzal determination has been requested from the SFTT'MD, The wetland line indicated in the attached exhibits has been field verified by SFWAID staff and their official sign -off has been received (see Attachment 8). Policy 7.1.2: A wildlife survey for listed species in accordance with FFWCC and USFN"S guidelines, and Policy 71.2 (1) of the CCAIE is included in this Environmental Impact Statement as Attachment 6. Two abandoned gopher tortoise burrows currently exist on the site. Aro other protected species or signs of their usage have been found on the site. 10.02.02.A..4.d. NATIVE VEGETATION PRESERVATION i, Identify the acreage and conununity 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). Table 1. Summary of Vegetation Contntunities d Land Uses FLUCCS -- Code - FLUCCS-D-ese -rip-thii -. -- Potential- --- Wetlands or OSW AhPr6x Acreage 310 Herbaceous dry rairie- disturbed No 4.2 :20_ __ - Shrub- &Brushlmd— disturbed— - _ - ____ - - - - -No- _ .- __. - - -_ 2.5 _ =-41 1 - _ -- =Pine Flativoods— - —.- - - -_- -_ —_ ,,__,- -� - No- 625 1 -I ydr10 Pine Flattivoods �---- - - -� _ -- _ Yes 1.5 SlU Drainage ditches OSW 0.8 740 Disturbed -Lands - -- -- - No 0.6 - -- (TOTAL 15.2 acreages are approximate Attachment 6: Habitat and Protected Species .Survey Report provides a detailed description of all community types foi.ind on the project site. ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Llement of the Growth Management Plan, and Chapters 4 and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identif�!ing the acreage for preservation and impact, per FLUCFCS category. The GAIIP indicates that 15% of on -site native vegetation must be preserved. There is approximately 7.7 acres of native vegetation present on -site. The project proposes just over 15% of the native arect on the site (1 -16 ` acres) to be preserved. The site plan, «pith a FLUCFCS Code overlay, is attached as Attachment 9 to this EIS. The restoration element for the preserve is Agenda Item No. 8E January 23, 2007 Page 80 of 152 described in Attachment 12: Preserve Management Plan. This plan will be finalized during Construction Plan Review. Table 2. C:alemintionc of Acro.asrP fnr Prr.ewrvn +inn a"A .. VT r s FLUCCS Code FLUCCS Description Existing Acreage Impact Acreage Preserve Acreage 310 Herbaceous dry prairie — disturbed 4.2 3.8 0 320 Shrub & Brushland — disturbed 2.5 2.0 0 411 Pine Flatwoods 5.6 2.4 0.4 625 H dric Pine Flatwoods 1.5 0.1 0.8 510 Drainage ditches 0.8 0.5 0 740 Disturbed Lands 0.6 0 <0 1 15.2 8,8 3.2 iii. 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 Chapters 4 and 10 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, — -- - - -- - Please refer to Attachment 7: 1975 Aerial photograph. This photograph of the prnfect site and general vicinity clearly shows that the northern 113 of the site has been in agricultural use since at -- -- -least this time. - This- aerial photographprovides the required documentation that this portion of the site -- was cleared p' for to T976' (3.9,10,2.6 LDC). However, there are 7.7 acres of predarninantly native habitat, so the applicant is providing a native preserve equal to 15% of this area (1.16 acres), iv. 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. No. v. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved, Not applicable. 10.02.02.A.4.e. WETLANDS i. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.11 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) Aaenda Stem No. 8E January 23, 2007 Page 81 of 1521 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, tn 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. A 1. S acre jurisdictional area has been delineated on the site. Please refer to Attachment 8. SFWMD Wetland Jurisdictional Determination, as well as Attachment S: Habitat and Protected Species Survey Report, for• additional detailed information regarding FLUCFCS Code descriptions, The man -made ditch is considered non jurisdictional. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. After thorough site investigations, no biological indicators of existing seasonal high water (SHW) levels were found on the property, except within the ditch. No adventitious rooting, lichen Imes, drift lines, water stain lines, water stained leaver, algal mats, or moss collars were observed, The project design will meet the criteria set forth by the SFWMD for surface water management, The anticipated control elevation for the site is discussed in Attachment 11. Preliminary Engineering Report: Surface Water Management. iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts 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 minimize . -- - -- — - - _ _. Approximately 0.1 acres of wetlands (7%) will be impacted by the project as proposed. Please reference Attachment 9, %r the location of these impacts. On -site hydrology appears to have been historically impacted by surrounding development, as evidenced bar remnant sralall cypress stumps. Therefore, existing.functionalit}, of the area has been compromised, However, the applicant has proposed to preserve approximately 0.8 acres of on -site wetlands as part of th.e preserl"alre fait? cd vegetation area on the south end of the site. iv. Indicate how the project design compensates for Nvctland 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 'v ater Management District or the Florida Department of Environmental Protection, For sites outside the RFMU district, and whcre 'higher quality ss,etiands are being retained on -site, provide justification Lased on the Uniform Mitigation Assessment Method. Agenda Item No. 8E ,January 23, 2007 Page 82 of 152 An ERP permit from the SF Nl'MD will be required for this project and will be pursued upon this zoning approval. A UMAM evaluation will be required at the time of ERP application to determine any compensation needed.for wetland impacts. However, considerations were taken into account to plan for the requirements for the ERP permit as well as County requirements, The applicant proposes to minimally impact the wetlands on -site and preserve 0.8 acres (53 %) of wetlands and associated uplands with exotic removal. A preliminary UMAM indicates the wetlands on -site may score around 0.7 units, and the preserved uplands would appear to score slightly higher in quality. Scores of both are most significantly affected by location within a developed area. As mentioned above, on -site hydrology appears to have been impacted by surrounding development, The final detailed UMAM analysis will be performed at the time of ERP application and will be provided before final development approval. 10.02.02.A.4.f. SURFACE AND GROUND WATER MANAGEMENT. i. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows corning 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 storm and ground water. Please refer to _Attachment .11: Preliminary Engineering Report: Surface Water - - -- - -- Management, -- -for- preliminary - - - -- information--- a-egarding— ,surface -and ground water--_ management. More detailed information will be provided during the SDP phase of the review process. —ii.- _ Provide -an- analysis of potenti,11 mater .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 (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. This project impacts less than 5 acres of wetlands, hoivever, the surface water management system will provide the required water quality and water quantity .storage volumes required for the site per SF'WAIfD rules and regulations. Please refer to Attachment 11: Preliminary Engineering Report: Surface Water Afanagenzent, for preliminary information regarding water quality, Adore detailed biformation will be provided during the S'DI' phase of the review process. iii, Identify any Wellfield Risk management Special Treatment Overlay ?ones (WRM -ST) 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. Not applicable. Agenda Item No. 8E January 23, 2007 Page 83 of 152 10.02.02.A.4.g. LISTED SPECIES. i. 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 lVildlife Conservation Commission and the U.S. 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. Please refer to Attachment 6: Habitat & Protected Species Survey Report. A minimunn of 80% of the site was visually surveyed, in excess of the 15% visual coverage required by the rrlf/cC ii. 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. Please refer to Table 4 of the attached Habitat & Protected Species Survey Report for a complete list of protected species that are known to inhabit biological conarnunities similar to those existing on the site. This table provides all potential listed species that might occur on the site based on the F'LUCP{CS Codes represented on the site, species preser7ce, and likelihood of their occurrence. Included is a discussion regarding each species that may be Of concern at the project site. Two abandoned gopher tortoise burrow ivere found during the most recent survey of the site, It is expected that this clearing of the access path provided temporary appropriate habitat for the gopher tortoise by exposing dry sandy soil, and by allolving for the re- - - -.- - ------ colo nizationola-fe7i�rer•Uaceous (ora- c species. .4 1though Avo flurrov s ors- the -site ia�ei e previously classrf ed as I active and I inactive, the only two observed in 2006 appeared abandoned. It is therefore expected that r7o tortoises currently utilize the site. No evidence of tortoise usage ivas noted at the time of the last survey (3128100). No other listed wildlife species or their signs (barrows, scat, tracks, cavity trees, vocalizations, etc.) were observed on the project site during the ,survey. The likelihood that any other protected ,species utilize the site to any significant degree was deemed very low. No listed plant species ii;er•e observed on the subject property. iii, Indicate how, the project design minimizes impacts to species of' special status. .ltto other species of special status or their signs )vere directly observed on the site. Prior to site clearing, an updated gopher tortoise burroil) survey ivill be conducted. Appropriate permits will be obtained fr om the ]� WCC if necessary. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests mid/or nest protection zones, bald eagle management plans Agenda Item No. 8E January 23, 2007 Page 84 of 152 are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. A Preserve Management Plan is provided as Attachment 12. V. )Vhere applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project, Explain how the concerns of these agencies have been met. No correspondence from FFUrCC or USFIVS has been received. If communication with these agencies becomes required as the project continues through the permitting and development process, we will provide the County with all applicable correspondence. 10.02.02. A. 4.1i. OTHER i. 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. ii. 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. Not applicable. - ii- 7Include. the results of-any assessiilents ai�lol audits of- Elie -- pro ei•t- . if 1 P y applicable, provide a narrative of the cost and measures needed to clean up the site. A Phase I report was conducted by ERA111 and was submitted under separate cover. ]Vo sr. -iii zcarzt mdar��si��erc t•e nrted- __ __ - -_ _._ iii. 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. Not applicable. iv. Soil sampling or ground «later 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 tie determined by the Envirom- rental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Noted v. Provide documentation frorn 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 Acenda item No. 8E Jaiivary 23. 2007 Page 85 of 152 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 lazolvn archaeological or historic sites or relationships on or immediately adjacent to the proposed project site. PIease refer to Attachment 10: Historical Resources (Letter front Florida Dept. of State). 10.02.02.A.4.i. ADDITIONAL DATA. The Development Services Director may require additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. !Voted. ZONING TRAFFIC IMPACT STATEMENT NAPLES NISSAN July 14, 2006 Pine Ridge Road & Whippoorwill Lane Naples, Florida Prepared For: Freeland & Schuh, dba Naples Nissan 1229 Airport Pulling Road N Naples FL 34104 Job ## 60951.02 Prepared By: Vanasse & Daylor, LLP 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 1 239,437,4601 F 239.437.4636 w vanday.com Agenda item Svc. 8E January 23, 2007 Paoe 87 of 1, 52 STATEMENT OF CERTIFICATION I certif, that this TRAFFIC ANALYSIS has been prepared by me or under my ituntediate supervision and that I have experience and training in the field of' Traffic and Transportation Engineering. Ernest R. Spradling P.E. Florida Registration #61235 V'unasseDaylor, LLP 12 73 0 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33 90 7 (239) 437 -4601 i Collaborators Reed Jarvi P.E, Sivarup lllukher,)ee fop r °t Naples Nissan ZTIS Statement of Certification Exhibitl Agenda Item No. OE January 23.2OO7 Page 88of152 Agenda item No. 8E January 23. 2007 Page 89 of 152 Table of Contents INTRODUCTION AND SUMMARY ......................... PROPOSED DEVEL OPMENT ..... ............................... EXISTINGAND PROPOSED LAND USE .............................................................................. ..............................2 AREACONDITIONS ..................................................................................... ............................... 2 SITEACCESSIBILITY ............................................................................................................. ..............................2 PROJECTEDTRAFFIC ............................................,................,..........,......... ...I.,......................... 3 TRIPGENERATION ................................................................................................................ ..............................3 TRIPDISTRIBUTION AND ASSIGNMENT—_ ........................... I .......... I .... I., .... ....... I .............. I ....... ....... 1.4 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES .................................... ..............................6 ANALYSES................................... .... . ...................... . ........................ . ............. ............. ... .... I.......... 7 CAPACITYAND LEVEL OF SERVICE ................................................................................. ..............................8 TRANSPORTATION CONCURRENCY MANAGEMENT AREA CONSIDERATIONS .... .............................13 IMPROVEMENTANALYSES ........................................................ . ... . ........ I .... ......................... 15 MITIGATIONOF IMPACT ......................................................................... ............................... 15 List of Tables Table I Project Trip Generation Table 2 Site- Generated Trip Distribution using General Office Table 3 Site- Generated Trip Distribution using New Car Sales Table 4 Significance Test Table 5 Projected Background Traffic Volumes Table 6 Growth rate projection volumes Table 7 Link Analysis Results Table 8 Intersection Analysis Results List of Exhibits Exhibit 1 Location Map Exhibit 2 Study Area and Studied intersections Exhibit 3 Projected Office Distribution Percentages Exhibit 4 PM Peak Hour Site Generated Trips Exhibit 5 PM Peak Hour Background Traffic Exhibit 6 PM Peak'lour Total Traffic Exhibit 7 Geometric Improvement diagram Appendix Naples Nissan ZTIS Page i Table of Contents Agenda Item No. 3E January 23, 2007 Page 90 of 152 INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing this Zoning Traffic Impact Statement for the proposed Naples Nissan dealership, The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to assure that any traffic - related problems are anticipated and that effective mitigation measures are identified as part of a Rezoning request, The Naples Nissan site is located on the southwest corner of Pine Ridge Road & Whippoorwill Lane in the Collier County (scc Exhibit 1 Location Map). The proposed development is approximately 57,500 sf in size. The site is currently zoned for office uses. A 2011 Buildout Year Planning horizon was analyzed. The site- generated trips are not projected to be significant (Greater than 3% of the LOS Standard) on Pine Ridge Road. The levels of service for all studied links will meet the level of service (LOS) standards computed by the AUIR Tables for the AM and PM Peak Hours with Buildout Year Total Traffic. Therefore, no off -site improvements are projected to be required for this project. The following intersection improvements were identified as being needed in order to accommodate projected Background traffic: Pine Ridge Road & Whippoor-vvill Lane intersection: • 450 -foot northbound dual left turn lane (one additional lane) • Increase length of westbound left turn lane by 260 feet for a total of 485 feet The following additional intersection improvements were identified as being needed in order to accommodate projected Total traffic: Pine Ridge Road & Whippoorwill Lane intersection; • Further increase length of westbound left turn lane by 50 feet for a total of 535 feet Whippoorwill Lane & Full - movement access intersection; • one exclusive left turn lane • one exclusive right turn lane Whippoonvill Lane & Right -In access intersection; • 170 -foot one exclusive southbound right turn lane Naples Nissan ZTIS I 1: 1Projects180918O9511Traf flc\ZoningTIS180951_ZTIS_Ol.doc t Agenda l:em ND. 8�7 JJanuary 23, 2007 Page 91 of 152 The developer proposes to pay the appropriate Collier County Road Impact Fees and reserve a 12 feet x 450 feet of right -of -way strip along the Whippoorwill Lane site frontage to allow the dual left turn lane to be constructed. The developer also proposes to construct the site - related improvements identified at the site accesses. PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The Naples Nissan site is located on the southwest corner of Pine Ridge Road & Whippoorwill Lane in the Collier County (see Exhibit 1 Location Map). The proposed development is approximately 57,500 sf in size. The site is currently zoned for office uses. The proposed Land Use for the site is New Car Sales (LU 841) with an approximate area of 57,500 sf. The proposed site has one Full- movement access and one Right /In access both of which will be on Whippoorwill Lane. A 2011 Buildout Year Planning horizon was analyzed. AREA CONDITIONS SITE ACCESSIBILITY Area Roadway System ` The existing roadway conditions foi- the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The study area is in the Northwest Transportation Concurrency Management Area (TCMA). The roadway system inside the study area consists of the following arterial and major collector roads and streets: Pine Ridge Road - Pine Ridge Road in the vicinity of the project is a six -lane divided arterial street. It is under county iurisdiction and has a speed limit of 45 mph. Naples Nissan ZTIS 2 Lt Projectsl8091809511 'I'raHic\ZoningTIS!80951 ZTIS_01.doc Agenda Item No. 3E January 23, 2007 Page 92 of 152 Whippoorwill Line Whippoorwill Lane in the vicinity of the project is a two -lane undivided collector street. It is also under county jurisdiction, and has a posted speed limit of 35 mph. TRAFFIC VOLUMES VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included the Collier County anoortation Planning�Department 2004 Traffic Count Report (Collier 2004 Counts) and the Collier County Concurrence Segments Tables dated June 30, 2006. The Appendix contains copies of the applicable data used. Exhibit 2 shows these links in the study area, along with the studied existing intersections and proposed site accesses. COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed in order to help alleviate current area road deficiencies and to support future area development. For purposes of this study, knowing that a roadway improvement is "committed" means that the characteristics of the higher -level facility may be used in the reserve capacity estimates. Roadway unprovements that are currently under construction, or are scheduled to be constructed within the FY 2004 to FY 2006 time fi•ame were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan Year 2002/2003- 200712012 Pine Ridge Road: Introduction of SCOOT program Golden Gate Parkway interchange improvernent I PROJECTED TRAFFIC TRIP GENERATION Site- generated trips were estimated using Institute of Transportation Engineers (ITE) T,�it) Generation (71" Edition), in accordance with current Collier County policy. Two different trip generation estimation methods were used in the analysis General office (LU 710) and New Car Naples Nissan ZTIS 3 1,lProj ects1 80918 0 9 5 1Cr' raffic \ZoningT15180951_ZTI5_0l.doc f t Benda item No. 8�-_ "•anuar� 23, 2507 P-Dae 93 of 152 sales (LU 841) to compare the site - generated trip estimates. The following trip generation formulas were used: General Office Building (LU 710) New Car Sales (LU 84 1) ADT: Ln (T) = 0.77 Ln (X) + 3,65 ADT: (T) = 33.34 (X) AM Peak Hour: Ln (T) = 0.80 Ln (X) + 1.55 AM Peak Hour: (T) =-2.05 (X) PM Peak Hour: (T) = 1.12 (X) + 78.81 PM Peal< Hour: (T) = 1.72 (X) + 29.61 Tables 1 and 2 summarize the trip generation estimates for Naples Nissan development using General office Building (LU 71 C) and New Car sales (LU 841), TABLE 1 Site- generated Trip Estimates using General Office WKDY AM Peak PM Peak Land Use QTY Unit Diiiy Total Enter ExiS Total Enter Exlt General Office (LU 710); Footage 57,500 SF 871 120 106 14 143 24 119 143 24 119 TABLE 2 Site - generated Trip Estimates WKDY AM Peak PM Peak Land �Q QTY Unit Dally Total 'n r Exit 'iotal )Enter Exit New Car Sales (LU 841): S7,500 SF 1,917 H8 87 31 129 50 79 1129 s0 79 The site is estimated to generate approximately 10% fewer trips in the P1\1 Peak Hours a New Car sales center than as an office use. The New Car Sales estimates were used in the remainder of the analyses contained in the report. TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project and engineering judgment. Table 3 presents the assumed distribution. Exhibit 3 graphically presents the same data, shoNving distribution of Office land use. Naples Nissan ZlIS 4 1: wi- ojects18091 80951VTrafflc \ZoningTIS180951_ZTIS_01,doc Agenda Item No. 8E January 23, 2007 Page 94 of 152 TABLE 3 Trip Distribution Site- generated Trip Distribution The trip distribution percentages of office land use were applied to the site - generated traffic volumes to determine the site- generated vehicle trip assignment. Exhibit 4 presents the proposed entering and exiting traffic for PM peak Hours and it includes the Pine Ridge Road & Whippoorwill Lane intersection. The PM Peak Hour traffic characteristics were studied because the site - related land use peak hour typically occurs in the PM Peak Dour of the adjacent street traffic. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Section 6.02.02: "M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1, On those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if bath of the following criteria are met: (1) the project will utilize 3 percent or more of the- maxinwin peak hour service voluine at the adopted level of service Naples Nissan ZTIS 5 l: V' rojects!, 8091809511TrafficlZoningTlSt8D951 _ZTIS_01.doc Dist % Link F T_Q Enter Exit Pine Ridge Road Livingston Road Whippoorwill Lane 50% 50% Pine Ridge Road Whippoorwill Lane 1 -75 50% 50% Whippoorwill Lane Pine Ridge Road Rightlin Access 90% Whippoorwill Lane RlghtJln Access Full- movement Access 10% 100% Pine Ridge Road Airport - Pulling Road Livingston Road 20% 20% Livingston Road Vanderbilt Beach Road Pine Ridge Road 15% 15% Livingston Road Pine Ridge Road Golden Gate Parkway 15% 15% The trip distribution percentages of office land use were applied to the site - generated traffic volumes to determine the site- generated vehicle trip assignment. Exhibit 4 presents the proposed entering and exiting traffic for PM peak Hours and it includes the Pine Ridge Road & Whippoorwill Lane intersection. The PM Peak Hour traffic characteristics were studied because the site - related land use peak hour typically occurs in the PM Peak Dour of the adjacent street traffic. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Section 6.02.02: "M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1, On those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if bath of the following criteria are met: (1) the project will utilize 3 percent or more of the- maxinwin peak hour service voluine at the adopted level of service Naples Nissan ZTIS 5 l: V' rojects!, 8091809511TrafficlZoningTlSt8D951 _ZTIS_01.doc Acenda Item No. 8E January 23, 2007 Paae 05 of 152 standard for the adjacent and next to adjacent link, 5 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 3/3/5 rule and the significantly impacted links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 4 presents the significance test results. TABLE 4 Significance Test from QLOS table The site - generated trips were estimated to be significant ( >3 percent of the SF,),fu) on Whippoon�,ill Lane between Pine Ridge Road to Full-movement access. The site - generated trip assignments were not projected to be significant on the other links, The link analyses were therefore focused on Whippoorwill Lane and on Pine Ridge Road east and west of the site. The intersection analyses were limited to the Pine Ridge Road & Whippoorwill Lane and the Full- movement site access. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes Nvere developed using multiple sources. Specific Link volume data for Pine Ridge Road were provided by the Collier County Transportation Department. These link volumes consisted of recorded 2004 directional Peal: Hour volumes and "banked" trips that were A assigned to the links for previously approved developments (see the Appendix- Concurrency ScgYnent 'fables dated June 30, 2006). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts. Naples Nissan ZTIS 6 1:1Projects1 8091 809511TrafficlZoningTIS180951 _ZTI5_0i.d0c Site as STD Site % of Link From To SFhiAx Trjos LOS Std Pine Ridge Road Airport- Pulling Road Whippoorwill Lane 3,730 25 0.7% Pine Ridge Road Whippoorwill Lane 1 -75 3,730 39 1.0% Whippoorwill Lane` Full- movement Access Pine Ridge Road 860 78 9.1 °A from QLOS table The site - generated trips were estimated to be significant ( >3 percent of the SF,),fu) on Whippoon�,ill Lane between Pine Ridge Road to Full-movement access. The site - generated trip assignments were not projected to be significant on the other links, The link analyses were therefore focused on Whippoorwill Lane and on Pine Ridge Road east and west of the site. The intersection analyses were limited to the Pine Ridge Road & Whippoorwill Lane and the Full- movement site access. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes Nvere developed using multiple sources. Specific Link volume data for Pine Ridge Road were provided by the Collier County Transportation Department. These link volumes consisted of recorded 2004 directional Peal: Hour volumes and "banked" trips that were A assigned to the links for previously approved developments (see the Appendix- Concurrency ScgYnent 'fables dated June 30, 2006). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts. Naples Nissan ZTIS 6 1:1Projects1 8091 809511TrafficlZoningTIS180951 _ZTI5_0i.d0c Agenda Item No. 8E January 23, 2007 Page 95 of 152 Whippoorwill Lane is not included in either the Concurrency Segment Table or in the AUIR. The capacity of Whippoorwill Lane was derived from the F'DOT QLOS table 4 -7. Table 5 presents the link - specific background traffic data used in the link LOS analyses. The background turning movement volumes at the Pine Ridge Road & Whippool- Will Lane were derived from FTE counts collected for this study. A Peak Season Correction Factor (PSCF) of 1.08 is used to convert traffic count data to PSWADT, The Whippoorwill Lane northbound left turning movement was assigned 50% of the exiting trips from a proposed development,west of Naples Nissan. This assigrunent was included in background traffic for the Pine Ridge Road & Whippoorwill Lane intersection analyses. TABLE 5 Link - specific Background Traffic Data ConcSeg Tables 06/30/2006 LQS DPK HR TRIP TOT gam_ Link from CAPY LANES ELL) VOL BANK VOL CAP Pine Ridge Road Airport - Pulling Road 1.75 3,730 6 E 2,800 741 3,541 189 Whippoorwill Lane* Full- movement Access Pine Ridge Road 860 2 D 354 354 506 * from QLOS table Growth projections were computed using the 2005 Average Daily Traffic Counts, Collier County. Table G contains the projected background traffic, The projected background traffic volumes from the directional peak hour volume were assigned to the roadway links. TABLE 6 Projected Background Traffic Volumes Based on Historical Growth Rate AADT Growth DPK Hr Vol Link From gQQQ 2005 Rate 2006 2011 Pine Ridge Road Airport- Pulling Road 1 -75 46,311 55,097 3.8% 21800 3,373 Whippoorwill Lane* Full- movement Access Pine Ridge Road 3.8% 354 426 * from QL05 table ., Exhibit 5 contains the background traffic for PM Peak Hour, and Exhibit G contains the Total traffic for PM Peak Hour, Naples Nissan ZTIS 7 1:Trolects1 8 09 18 095 1 1Traffic\7oningT1518095I ZTIS Ol.doc Acenda item No. 3E JJanuary 23. 2007 Page 97 of 152 ANALYSES The trip distributions were applied to the site - generated traffic volumes to determine the site - generated vehicle trip assignments. The site- generated vehicle -trip assignments were added to the background traffic - volume networks to determine the Build -out traffic volume conditions. CAPACITY AND LEVEL OF SERVICE fLink Analyses Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The Performance Standard Maximum Service Flow rates (SF,,,,a} for different roadway segments were provided by the Collier County Transportation Planning Department with the Concurrency Segment data. Copies of these data are contained in the Appendix, Table 7 presents the link analysis results. TABLE 7 Link LOS Analysis Results Link FLOM PK Hr Dir Traffic Min SFpAx ? IQ BKGD Sit€ To3Al SEmx BICQD Total Pine Ridge Road Airport- Pulling Road Whippoorwill Lane 3,541 25 3,566 3,730 Y Y Pine Ridge Road Whippoorwill Lane 1 -75 3,541 39 3,580 3,730 Y Y Whippoorwill Lane Full- movement Access Pine Ridge Road 426 78 504 860 Y Y The studied links are projected to meet the level of service standards computed by the AUIR Tables for the PM Peak Hours with Buildout Year Total Traffic, Intersection Analyses The foregoing determinations were based on the link - specific background traffic data contained on Table 3. Additional analyses were conducted on key intersections in the Arca of Influence. This selection process was based primarily on the relationships between the significant links and proximity to the site. Intersection analyses consist of two parts: capacity analyses and turn lane analyses, Both analyses were conducted using the TraffiewareTM software package, SYNCHRO° version 6.0 to uetermine p o-a le intersection operations an' turn lane storage lengths of need. 1[iG - Bailuout Naples Nissan ZTIS 8 1:Troiects1 80418 09 5 11 Traffic \7oningT1Sl80951_ZTIS_O[.doe Agenda Item No. 3E January 23, 2007 Page 98 of 152 Year conditions were analyzed: Background Traffic and Total Traffic, if no degradation to the service level of an intersection using total traffic volumes was identified, then no additional analyses were performed on that intersection. It was also recognized during the study process that need for, and length of need of, turn lanes, and how those lengths of need would interact with neighboring accesses and improvements, would affect the recommended access configurations, and their location along the site frontage. Four parameters were used in order to reach the recommendations: current land uses in the area, entering and exiting turn movement assignments, the capacity analysis results, the turn lane length of need analysis results, and the proximity of the proposed access to neighboring accesses /intersections. The SYNCHROO queuing computations were used to determine lengths of need where turn lanes were warranted. According to the Collier County Right -of Way Ordinance #2003 -37, turn lanes must be provided on all multi -lane facilities. The FDOT Index 301 and Figure 3 -15 of the Manual of Uniform Minimum Standards were used for conceptual geometric design (see Appendix). Collier County uses the roadway posted speed as the turn lane design speed. According to FDOT Index 301, the deceleration lane length for a 45 mph design speed is 185 feet. The turn lanes on Pine Ridge Road should therefore be furnished with 185-foot deceleration lanes in addition to the applicable storage lanes. The FDOT index 301 specifies deceleration lane length for a 35 mph design speed is 145 feet. The turn lanes on Whippoorwill lane need to have 145 -foot deceleration lanes in addition to the applicable storage lanes. Site Access analyses were completed utilizing SYNCHROO software, which is based on the Highway Capacity Manual 2000 (HCM 2000). The Appendix contains the SYNCHRO® computer printouts. The purpose of these analyses is to evaluate the operational characteristics and needs of the site accesses, and to recommend access point locations. Table 8 summarizes the capacity analysis results. More detailed interpretations of the results are outlined in each intersection description following the generalized narratives. Copies of the analyses are contained in the Appendix. Naples Nissan ZTIS 9 lAF1rojects180M095 IM -aff ckZoningTISM951_ ZTIS_O1,doc A,aenda item No. 817 January 23, 20017 Page 99 of 152 TABLE 8 Intersection LOS Analysis Results PM PK Hr Traffic BK�jQ Total L05 Delay LOS Delay LOS Delay LOS Delay seclveh sedveh sedveh sedveh Signalized Intersection Pine Ridge Road & Whippoorwill lane E 71 D* 49 F 82 E* 56 Unsignalized Intersection Whippoorwill Lane & Full- movement Access C 21 D 31 * indicates with geometric modifications The following narratives evaluate the anticipated operation of each intersection and the improvements needed to maintain acceptable service levels, f Pine Ridge Road & Whippoorwill Lane Under background traffic conditions the signalized Pine Ridge Road & Whippoorwill Lane intersection is projected to have an average intersection delay of 71 sec /veh at LOS E. Constructing a dual northbound left turn lane to accommodate the background traffic could improve intersection delay from 71 sec /veh to 49 sec /veh (LOS D). It is projected to operate at LOS E (56 sec /vch) under Total traffic conditions with this improvement. _ Left Turn Analysis (Northbound Approach) The existing single northbound left turn lane at the Pine Ridge Road & Whippoorwill Lane intersection is 450 feet long, The PM Peak Hour northbound left turn movement is projected to have 282 vph during under Background traffic conditions. The SYNCHRO'�' queue analysis indicates that the existing left turn lane is projected to have a 95 °i percentile queue that will exceed the available length, The dual left turn lane configuration has a projected 254 -foot queue for background traffic. Because the residential subdivisions south of Whippoonvill Lane are not yet built out, and since the intersection exhibits marginal computed service levels, a northbound dual left turn lane should be constructed. The northbound dual left turn lanes should be at least 420 feet long (275 feet storage + 145 foot deceleration lane including a 50 -foot taper) to accommodate background traffic. Since a 450 -foot left tur17 nano is already in place, adding anol)lel 45)040ot left turn lane wound be logical. ical. he Naples Nissan ZTIS 10 ClProlects180918 0 9 5 11TrafOdZcnin &TIS\809Sl_ZTIS_OLdoc Agenda Item No. 8E January 23, 2007 Page 100 of 152 pedestrian sidewalks on Whippoorwill Lane can be relocated to accommodate the additional northbound left: turn lane. The developer proposes to reserve a 12 -foot right- of-way strip along 450 feet of the site frontage along Whippoorwill Lane so that Collier County may construct the 1 dual left turn lane without resorting to condemnation. Under Total traffic conditions, the northbound left turn movement is projected to have 321 vph during the PM Peak Hour. The SYNCHRO'3' queue analysis indicates that a 303 -foot storage lane length is needed for the dual left turn lane configuration. The computed northbound dual left turn lane lengths of need are 470 feet (325 feet storage length + 145 foot deceleration lane with 50 foot taper) to accommodate total traffic. The dual left turn lane length configuration recommended for Background traffic impact mitigation is sufficient to accommodate the estimated site - generated traffic, Left Turn Analysis (Westbound Approach) The existing westbound left turn lane at the Pine Ridge Road & Whippoorwill Lane intersection is 225 feet long. The PM Peak Hour westbound left turn movement is projected to have 127 vpli under Background traffic conditions. The SYNCHRO' queue analysis indicates that the computed 95t11 percentile queue is 294 feet, which exceeds the available turn lane length. The computed westbound left turn lane length of need is 485 feet (300 feet storage length + 185 foot deceleration lane with 50 foot taper) to accommodate background traffic. The westbound left turn lane needs to be increased in length by 260 feet. Under Total traffic conditions, the westbound left turn volumes are projected to have 152 vph during the PM Peak Hour. The SYNCHROOR queue analysis indicates that the computed 95`' percentile queue length is 335 feet. The computed westbound left turn lane length of need is 535 feet (350 feet storage length + 185 foot deceleration lane with 50 foot taper). The westbound left turn lane needs to be further increased in length by 50 feet to accommodate the estimated site - generated traffic. Right Turn Analysis (Eastbound Approach) The existing westbound left turn lane at the Pine Ridge Road & Whippoorwill Lane intersection is 325 feet long. The PM Peak flour eastbound right turn movement is projected to have 270 Naples Nissan ZTIS I I I: Trolects1B091 8095Uraffi6ZoningTIS180951 _ZTIS_OI.doc Agenda Item No. SE January 23; 2007 Page 101 of 152 vph during the under Background traffic conditions. The SYNCHRO® queue analysis indicates that a 68 -foot storage lane length is needed, The computed eastbound right turn lane should be ( 260 feet long (75 feet storage length + 185 foot deceleration lane with 50 foot taper). Since the existing left turn lane is 325 feet long, the existing castbound right turn lane length is sufficient to accommodate Background traffic. The eastbound right turn volumes are projected to be 295 vph during the PM Peak Hours under Total traffic conditions, The SYNCHRO® queue analysis indicates that a 81 -foot storage lane length is needed. The computed eastbound right turn lane should be 285 feet long (100 feet storage length + 185 foot deceleration lane with 50 foot taper). Since the existing left turn lane is 325 feet long, the existing eastbound right turn lane length is sufficient to accommodate Total traffic. Right Turn Analysis (Northbound Approach) The northbound right turn volumes are projected to be 216 vph and 255 vph during the PM Peak Hours under Background and Total traffic conditions. Due to very low northbound through movement in the Pine Ridge Road & Whippoorwill Lane intersection, the existing northbound shared through -right lane acts as a dle facto northbound right turn lane. No exclusive northbound right turn lane will be needed at the Whippoorwill Lane & Pine Ridge Road intersection. Whippoorwill Lane & Full- movement Access Access Point location The access is proposed to be located approximately 650 feet south of the Pine Ridge Road & Whippoorwill Lane intersection centerline. Capacity Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. Under background and total traffic conditions the Unsignalized Intersection analysis indicated that side- street STOP - controlled intersection operation is projected to provide acceptable operational characteristics Ior traffic trying to exit the side street (LOS D, 31 sec /veh). Naples Nlssan ZT15 12 1: 1Projects1809W0951 1TrafficlZoningTISW0951 ZTIS_DLGoc I Agenda Item No. 8E January 23, 2007 Page 102 of 152 f. Right Turn Analysis (Southbound Approach This project will generate 5 vph southbound right turning movements during the PM Peak Hour. The value does not exceed threshold of 40 vph, SYNCHROO queue analysis indicates that 0 -foot storage lane length is needed. An exclusive southbound right turn lane,will not be warranted at this intersection. Access Drive Lane Configuration Analysis (Eastbound Approach) This project is expected to generate 156 vph eastbound left turning movements during the PM Peak Hour. The value exceeds threshold of 20 vph. The eastbound access lane configuration t 1 consists of one exclusive left turn and one exclusive right turn lane. The approach should be provided with a 50 foot minimum throat depth before the first driveway, accessway or cross street is introduced to the access drive. Whippoorwill Lane & Right/In Access Access Point Location The access is proposed to be located approximately 400 feet south of the Pine Ridge Road & Whippoorwill Lanc intersection centerline. Right Turn Analysis (Southbound Approach) This project will generate 45 vph southbound right turning movements during the PM Peak ( Hour. The value exceeds the 40 vph threshold. The SYNCHRO® queue analysis indicates that a 0 -foot storage lane length is needed. The computed southbound right turn lane should be 170 feet long (25feet storage length + 145 foot deceleration lane with 50 foot taper). TRANSPORTATION CONCURRENCY MANAGEMENT AREA CONSIDERATIONS The proposed Naples Nissan general office Development is located northeast quadrant of the Pine Ridge Road and Whippoomvill Lane intersection in Collier County. This project is in the East Central Transportation Concurrency Management Area (TCMA -see Appendix). In accordance to the Collier County Land Development Code Section 6.02: Naples Nissan ZTIS 13 1: lPrc�ectsWO9kgO95!l TraffidZoningTlSWO951_ZTIS_01.da Agenda Item No. 8E vlanuary 23, 2007 Page 103 of 152 "To maintain concurr•ency, each TCMA shall maintain 85% of its north -south lane miles and 85% of its east -west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP t Transportation element. If any Traffic Impact Statement (TIS) for- a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for, committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP." An analysis of the north -south and east -west lane miles within the East Central TCMA found that with the proposed Naples Nissan general office Development project as proposed, rnare than 85% of the lane miles meet LOS standards. Since the proposed Naples Nissan general office Development project affects roadway segments within the East Central TCMA while maintaining over 85% of the lane miles at LOS standards, a proportionate share payment is appropriate. This proportionate sliare payment shall be utilized by Collier County to add trip capacity and enhance traffic operations to increase capacity within the impacted TCMA and /or to enhance mass transit or other non- automotive transportation alternatives that reduce vehicle trips within the TCMA. Per Collier County Transportation Department policy, this proportionate share payment shall be capped at 15% of the road impact fees for the proj cet. In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMA.'s) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a, Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b. Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership C. Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development andlor• Increase transit ridership d. Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development e. Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development f, Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development g. Transit subsidy that would reduce auto trips generated by the development and increase transit ridership h. Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development i. including residential units as a portion of a commercial project that would reduce vehicle miles of travel Naples Nissan ZTIS 14 I: �ProicctsW91 8095l1TraHicaoningTIS1D0951_ZT{S_OL.doc Agenda Item No. 8E January 23, 2007 Page 104 of 152 j. Providing transit shelters within the development (must be coordinated with Collier County Transit) According to Collier County staff, the Northwest TCMA is currently operating with 100 percent of the lane -miles at or below capacity. Based on this information, the project is not subject to further TCMA considerations. IMPROVEMENT ANALYSES Because many of the analyses were addressed in previous sections, this improvement analysis section will be limited to a conclusive narrative. Exhibit 7 shows the improvements needed to accommodate total traffic at the fine Ridge Road & Whippoorwill Lane intersection. The following intersection improvements were identified as being needed in order to accommodate projected Background traffic: Pine Ridge Road & Whippoorwill Lane intersection: • 450 -foot northbound dual left turn lane (one additional lane) • Increase length of westbound left turn lane by 260 feet for a total of 485 feet The following additional intersection improvements were identified as being needed in order to accommodate projected Total traffic: Pine Ridge Road & Whippoorwill Lane intersection: • Further increase length of westbound left turn lane by 50 feet for a total of 535 feet Whippoorwill Lane & bull - movement access intersection: • one exclusive left turn lane • one exclusive right turn lane i Whippoorwill Lane & Right -In access intersection: • 170 -foot one exclusive southbound right turn lane MITIGATION OF IMPACT The developer proposes to pay the appropriate Collier County Road Impact Fees and reserve a 12 feet x 450 feet of right -of -way strip along the Whippoorwill Lane site frontage to allow the dual left turn lane to be constructed. The developer also proposes to construct the site - related improvements identified at the site accesses. Naples Nissan ZTIS Is I: WroieusWQ9M95IMAic\Zon1ngTW809SI _ZTIS_01.doc bxWbit2 b AL 0 e a �J DCO d e D a Immokatee Road N 0 ^ l4l o I Project Site Study Area 1 a I Vanasse aylor MOVE 00951ZTIS 01.xls .Q ID ID O tl VG J 1 n Golden Gate ParkHay Urban Planing irakir trgiatuirg landscape Ardrilertare [mironatrnnl Sccenu CA Engim imS it 366 x130 hn 6nlnnr 6rtlrard, Salr fOL -�-� fors Him II 13901 TM43td01 039.lii.1631 Not to Scale Vanderbilt Beach Road 0 i D DO 00 e Pine Ridge Road n� 0 m .o m f9 C N f� U YNtFAlUl FDkr Freeland & Schuh, dba Naples Nissan 1229 Airport Pulling Rond N J LNa,ples, Florida 341014 oe Agenda Item Pao. SE January 23. 2007 Pace 105 of 152 Golden Gate Boulevard o, tL U Full- Movement Irersectlons Right./In Access PACL Naples Nisis san Study Area and Studied intersections J� EXHIBIT 2 LU �o � N L El �r N mi g* .a 0 D a V K 2 U �L cdc 1181HX3 HOSPICE OF NAPLES WS II I 1 1 i� !lC"3W M 'TYf1LMM lip G G ab At= o6mte" R I i U z 17 -- -- s8--jl 21 `OS 0-968 1 *1\ f bi =�o`— +n a ti V u°.) b Lj a > G ~ z 10. J c� cl zQ 0 wa co Z" w �aa Ul Wc,� z w ~ ' Gwe LuU. Z0 E;$ (yc,MZ Lu OoMe r7�wa Oa Oa °v - �yo 139 p C Waa!I Z Z ' N g Mz LLJ � � 0 1/t Ml ill JD 11/1 Ml 3lLL AD i/i i RU AD LiIJ' OY MM 3ML �1 G G .�G WS II I 1 1 i� !lC"3W M 'TYf1LMM lip G G ab At= o6mte" R I i U z 17 -- -- s8--jl 21 `OS 0-968 1 *1\ f bi =�o`— +n a ti V u°.) b Lj a > G ~ z 10. J c� cl zQ 0 wa co Z" w �aa Ul Wc,� z w ~ ' Gwe LuU. Z0 E;$ (yc,MZ Lu OoMe r7�wa Oa Oa °v - �yo 139 p C Waa!I Z Z ' N g Mz LLJ � � 0 Agenda Item No. 87-7 January 23. 2007 Page 107 of 152 eg10777z��IR �S ORDINANCE NQ, 2000 - A 5V� AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER %I 9N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE VIEW; ALLOWING RETAIL, COMMERCIAL AND PROFESSIONAL. OFFICE USES LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD (C,R. 896) AND WHIPPOORWILL LANE IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 16.50± ACRES; AND BY PROVIDING AN FFFECTNE DATE. WHEREAS, John Cardillo, of Cardillo, Keith & Bonaquist, P.A., representing Richard C. Myers, Trustee, petitioned the Board of County Commissioners to change the coning 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 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Pine View PUD Document attached hereto ats Exhibit PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of Qs__� '2000. ATTESfii ., n. i WTGIiP,'F 'BROCK, Clerk Att,ks,..p °a ';to Chairoan sign only. Approved as to Form and Legal Sufficiency Marjo M. Student Assistant County Attorney V/adm kTUD- 99.21/RB/i m QOARD OF CO SIGNERS COLLIER C NTY, FLORIDA r BY: 44_ c TIM 7. CON , 'IIAU1MAN -I- This ordinance filed with the Secretary of S ate's Office the X day of , and acknowledgement of that fill ccelved this l a da of Y 9y '� "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9618N, a2Qcrib3d °_ Number - 91.102, the - Collier -Coup Land- Develo mcnt =C-ode is herebjl.irnoddcd accordingly. � r - SECTION TWO: ° `i w �. This Ordinance shall become effective upon filing with the Department of State, Ar PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of Qs__� '2000. ATTESfii ., n. i WTGIiP,'F 'BROCK, Clerk Att,ks,..p °a ';to Chairoan sign only. Approved as to Form and Legal Sufficiency Marjo M. Student Assistant County Attorney V/adm kTUD- 99.21/RB/i m QOARD OF CO SIGNERS COLLIER C NTY, FLORIDA r BY: 44_ c TIM 7. CON , 'IIAU1MAN -I- This ordinance filed with the Secretary of S ate's Office the X day of , and acknowledgement of that fill ccelved this l a da of Y 9y Pine View A Planned Unit Development Regulations and supporting master plan governing the Pine View PUD, a planned unit - - -- - -- development pursuant to provisions of the - Collier County Land Development-Code - . Richard Myers, Trustee. Prepared by: Planning Solutions, Inc. Tim Hancock, AICP 5100 Tamiarnl Trail Norfh Suite 158 Naples, FL 34103 841.403.0223 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND REPEAL: EXHIBIT "A" �/Z. s A* 00 0 .-,z- Agenda Item No. 3E January 23, 2007 Page 108 of 152 T&SLE OF CONIgNTS Pape List of Exhibits and Tables Statement of Compliance & Short Title Section I Property Ownership and Description. Section 11 Project Development. Section III Commercial Areas Plan, Section IV General Development GDmmitments. Agenda Item No. 8E January 23;2007 Page 109 of 152 .1 EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: LIST OF EXHIBITS AND TABLES PUD Masler Plan Boundary Survey Conceptual Water Management Plan Typical Lake Cross Section and Typical Pavement Section Agenda Item No. 8E January 23, 2007 Page 110 of 152 Agenda Item No. 3E January 23. 2007 Page 111 of 152 STATEMENT OF COMPLIANCE AND SHORT TITLE The Pine View Planned Unit Development (PUD) consists of +/- 16.49 acres of land situated at the Southwest corner of the intersection of Pine Ridge Road and Whippoorwill Lane in Collier County, Florida, Due to the right- of-way acquisllion plan for the widening of Pine Ridge Road, the developable acreage may be less than the +/- 16.49 acres identified in this document. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the County's Growth Management Plan. This compliance includes: 1. The entirety of the parcel is located within the Pine Ridge / 1 -75 Interchange Activity Center, referred to as Activity Center #10 in the Collier County Growth Management Plan. 2... Activity Centers are the preferred locations for the concentration of commercial uses. The Project is allowed to request a full array of commercial and retail uses consistent with the CouniyGrowth Management Plan and the Collier County Land Development- Code: — 3. The Project localiion, Immediately Southwest of the Intersection of Whippoonvlll Lane and Pino Ridge Road will allow for primary access via a signalized Intersection, 4, The Project complies with the Collier County Growth Management Plan including the exclusion of Industrial use in this particular Activity Center, 5- -7he Project will be served by and approved by the Collier County Utilities Division:` — 6. The Project, as proposed, Is compatible with adjacent land uses and includes adequate buffering where dissimilar land uses are located adjacent to each other, 7. Access will be provided to the Pine Ridge Center East PUD contingent upon appropriate cross access easements being recorded. a. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. SHORT TITLE This Ordinance shall be known and cited as the "Pine View Planned Unit Development Ordinance." Agenda Item No. 8E january 23; 2007 Page 112 of 152 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the locatlon and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of "Pine View." 1.2 LEGAL DESCRIPTION The subject property being 16.49 acres, is described as: LEGAL DESCRIPTION THE EAST HALF OF THE NORTHEAST QUARTER OF'IHE NORTHWEST QUARTER OF -- -- - - -- -- SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.-- "— -- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL; THE SOUTH 60 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION I8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: ----- THAT PART -OF THS.EAST 112 OF THE NORTHEAST , i /4- OF- .THE.NORTHWEST I /4_QUA1UTER OF -- SECTION I8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING WIT'HiN THE FOLLOWING DESCRIBED BOUNDARY TO WrL COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE RIJN ALONG THE NORTH LINE OF SAID SECTION, NORTH 89 °34'36" EAST A DISTANCE OF 1,934.64 FEET TO THE NORTHWEST CORNER OF THE PARENT TRACT AND THE POINT OF BEGINNING: THENCE RUN ALONG THE NORTH LINE OF SAID TRACT AND SECTION NORTH 89 °34'36" EAST A DISTANCE OF 644.88 FEET TO A POINT ON THE NORTHEAST CORNER OF SAID TRACT; THENCE RUN ALONG THE EAST LINE OF SA CD TRACT, SOUTH 00 °29'39" EAST A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE FOR S.R. S -896 THENCE SOUTH 89 °27'34" WEST ALONG THE SOUTH RIGHT OF WAY LINE A DISTANCE OF 0.38 FEET; THENCE RUN ALONG SAID RIGHT OF WAY LINE SOUTH 89 °34'36' WEST A DISTANCE OF 619.65 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 5,804.58 FEET; THENCE RUN WESTERLY 25.00 FEET ALONG SAID RIGHT OF WAY LINE AND CIJRVE THROUGH A CENIRAL ANGLE 00 °14'48" TO THE END OF SAID CURVE AND A POINT ON THE WEST LINE. OF SAID TRACT; THENCE RUN ALONG THE WEST LINE OF SAID TRACT, NORTH 00-26-17" WEST A DISTANCE OF 149.95 FEET TO THE POINT OF BEGINNING. 1.3 PROPERTY OWNERSHIP The subject properly Is currently under the ownership of: Richard Myers, Trustee C/o Mr. Ed Mace, CPA 720 Goodlette Road North Suite 202 Naples, rL 34102 Agenda Item No. 3 January 23; 2007 Page 1 ^ 3 of 152 Reverend Francis J. Kamp, SVD P.O. Box 6000 Techny, IL 60082 Mr. Don Brown 528 Northwood Drive Akron, OH 46307 1.4 GENREAL DESCRIPTION OF PROPERTY AREA a. The Project site Is located in Section 18, Township 49 South, Range 26 East, more commonly known as Immediately South and West of the intersection of Pine Ridge Road and Whippoorwill Lane in Collier County, Florida. b, The zoning classification of the subject property prior to the date of this approved P U D Document was (A) Agriculture. 1.5 PHYSICAL DESCRIPTION The project site is located within the Gordon River Basin. Flows reach the Gordon River via the 1 -75 Canal and the Golden Gate main canals. Water management facilities for the proposed project are planned to be of the lake retention type supplemented by dry detention on Individual building sites. Elevations within the protect site generally renge front 10,5 to 11.5 feet above mean sea _. level_Based on preliminary site borings, the depth to bedrock In the area varies from some_ 8.6 feet to more than 11.5 feet. The entire site is In Flood Zone X according to Firm Panel 120067 0425D. The soli types on the site Include Oldsmar Fine Sand. 1.6 PROJECT DESCRIPTION The project will consist of +/ -16.49 acres of commercial andlor professional office development. The site plan has been configured to take advantage of the location within an existing interchange Activity Center and to maintain market flexibility for future development. The plan allows for either a single use development or multiple uses on the property. Should the property be developed as a stand -alone project, the Northern third of the site is most appropriate for retail commercial applications, while the rear 213 of the site will contain a mix of retail and office uses. The property may also be combined with similarly zoned parcels to the West for a common development purpose. 2. SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 8E January 23, 2007 Page 114 of 152 The purpose of this Section Is to delineate and generally doscrlbe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included In the Project, as well as other Project relationships. 2.2 GENERAL a. Regulations for development of Pine View shall be In accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and - -- Growth Management Plan in effect at the time of building - -- - — g permit application, these regulations fail to provide developments[ standards, then the _ provisions of the most similar district in the County Land Development Code shall apply. b. Unless otherwise noted, the definitions of all terms shell be tha same as the definitions set forth In Collier County Land Development Code in effect at the time of building permit application, C. All conditions imposed and all graphic material presented depicting restrictions - -- - or the development of Pine View shall become part of the regulations, which - - -- govern the manner in which the PUD site may be developed. d. Unless modified, waived or excepted by this PUD the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. e. Development permitted by the approval of this Petition will be subjocl to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, at the earliest or next to occur of elther final SDP approval, final plat approval, or building permit issuance applicable to this Development. U The petifloner's property Is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no h €sioric /archaeological survey and assessment is required. Pursuant to Section 2.2.26.8.1 of the Land Development Code, if during the course of site Gearing, excavation or other construction activity, an historic or archaeological artifact Is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 91 Agenda item No. SE January 23: 2007 Page 115 of 152 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES a. The Project Development Plan, Including layout of streets and use of land for the various tracts, is Illustrated graphically by Exhibit "E," PUD Master Plan, Necessary water management lakes or detention areas and the general configuration of street rights -of -way, are also illustrated by the PUD Master Plan. COMMERCIAL AND RETAIL AREAS 8.86 acres COMMON AREAS 2.00 acres WATER MANAGEMENT 2.33 acres ROADS J ROW 3.21 acres Total: 16.50 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS a. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. b. Exhibit "E ", PUD Master Plan, constitutes the required PUD Development Plan _ Subsequent to or concurrent with PUD approval, a Praliminary-Subdivision. Plat_ - If applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land, as provided In said Division, prior to the Issuance of a building permit or other development order. d. Appropriate instruments will be provided at the time of infrastructure Improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OF PUD MASTER PLAN Amendments may be made to the PUD in accordance with Section 2.7.35 of the Collier County Land Development Code. 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE= Whenever the developer elects to create land area and /or recreation amenities whose ownership and maintenance responsibility Is a common interest to all of the subsequont purchasers of property within said Development In which the common Interest is located, that developer entity shall provide appropriate legal Instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 4. SECTION III COMMERCIAL AREAS PLAN 3.1.1 PURPOSE Agenda Item No. 8E January 23, 2007 Page 115 of 152 The purpose of this Section Is to Identity the type Of Commercial Uses and development standards that will be applied to the areas so designated as "C' Commercial on the PUD Master Plan (Exhibit "E ".) 3,2 DEVELOPMENT EMPHASIS The subject property Is wholly contained within Activity Center #10, as Idenlifled In the Collier County Growth Management Plan. Whippoorwill Lane and an automobtle service station with convenience store border it on the East, The Western property line borders the Pine Ridge Center East PUD, which is jolned vla future access connection to the Pine ----- - - -_ -- Ridge Center West PUD. Both PUDs contain uses ranging in intensity from 0-1 to C -4- zoning as contained in the Collier County Land Development Code. The subject property Is permitted a full array of commercial uses as indicated In the Growth Management Plan, and as such, this document and the uses contained herein are consistent with the Collier County Growth Management Plan. 3.3 USES PERMITTED ......... - - - - - -- _ No-building or structures or part thereof, shall be, erected, altered, or, used _or_land_used, in whole or part, for other than the following: -- a, Permitted Uses 1. Amusements and recreation services, Indoor (groups 7911.7941, 7991- 793,7997,7999 ). 2. Apparel and accessory stores (groups 5611 - 5699), 3. Auto and home supply stores (5531). 4. Automotive repair, services, parking (groups 7514, 7515,7521) 5, Building Materials, hardware and garden supplies (groups 5231- 5261). 6. Business Services (groups 7311 -7352, 7359 except airplane, industrial truck, portable toilet and all field equipment renting and leasing, 7361 -7397 except armored car and dog rental, 7384, 7389 except suctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 7. Commercial printing (2752, excluding dally newspapers), E. Communications (groups 4812 -4841) except communication towers. 9. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged In the retail sale of alcoholic beverages for on- premise consumption are subject to the location requirements of Section 2.6. 10 of the Land Development Code. 10. Engineering, accounting, research, management and related services (groups 8711. 8748). 11. Food stores (groups 5411- 5499). 12. Fueling locations without convenience commercial uses, only when located with another permitted use. No diesel fuel sales. 13. General merchandise stores (groups 5311.5399), A Agenda Item No. 8E January 23, 2007 Page III-of 152 14. Group care facillties (category I and 11, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facllltles pursuant to stale statute 400.402 F.S. and ch, 5BA -5 F.A.C.; and continuing care retirement communities pursuant to state statute 651 F.S. and ch. 4 -193 F.A.C.; all subject to Section 2.6.26 of the Land Development Code. 15. Health services (groups 8051 -8059, 8062 -8069, 8071, 8072, 8092 - 8099), 16. Home furniture, furnishing and equipment stores (groups 5712- 5736). t7. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 18. Miscellaneous repair services (groups 7629 - 7631). 19. Miscellaneous retail (groups 5912 -6963, except pawn shops, 5992- 5999). 20. Non - depository credit Institutions (groups 6111 - 6163). 21. Paint, glass and wallpaper stores (5231). 22. Personal services (groups 7211, 7212, 7215 -7217, 7219, 7221 -7251, 7261 except crematories, 7291- 7299). — - - - -- -- - - -23- Public administration (groups 9111 -9199, 9229, 9311, 9411 - 9451; 9511- - 9532. 961 i- 9861), 24. Retail nurseries, lawn and garden supply stares (5261). - - - -- -- - - - - -- --- —" -�- 25. Real estate (group 6512). 26. Social services (groups 8322 -8399, except for homeless shelters and soup kitchens). 27. Veterinary services (groups 0742, 0752 excluding outside, kenneling). 28. Videotape rental (7641). - - -- 29: United States Potal Service 4311 exce t major distribution cantors). . � P 1 _ —_— _— -- - - - -- _—.30-Any ,Any other general commercial use that is comparable in nature with the _ foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD. b. Accessory Uses 1. Uses and structures that are accessory and incidental to the uses permitted as of right in this district. 2. Caretakers residence, subject to Section 2.6.16 of the Land Development Code. 3.4 DEVELOPMENT STANDARDS a. Minimum Lot Area: 10,000 square feet b. Minimum lot width: 100 foot. b, Minimum Yard Requirements: Along Airport Road: 25 feet. Along Whippoorwill Lane: 25 feet. Along South property fine: 50 feet. Along Western property fine: 25 feet. 6. Agenda Item No. 8E January 23, 2007 Page 118 of 152 9. Minimum Yards (internal): 1. Front yard: 15 feet. 2. Side Yard: 10 feet 31 Rear Yard: 20 feet. 4. Waterfront: 25 feet, 0. Maximum height: 35 feat f. Minimum floor area: 700 square feet'gross floor area on ground floor. g. Minimum off - street parking and off - street loading: As required In Division 2,3 of the Collier County Land Development Code. -- — -- -- h - -- Landscaping: As required In Dlvlsion 2:4 of-the Collier-County-L-and--------------- Development Code. i. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential nor shall lighting be located within 200 feat of residential property. I. Signs: Project signage will comply with Division 2.5 of the Collier County Land -- Development Code. k, The proparty owner may, at his/her discretion utilize the following signage criteria for ground or pole signs in place of the requirements of Division 2.5 of the Land Development Code, but must employ it for the entirety of the project to ensure consistency: 1. signage along Pine Ridge Road will be limited to one sign for each parcel fronting the roadway and one sign at each entrance to the project. These signs will be limited to monument signs no more than 8 feet above finished grade of the site and no more than 100 square feet total in area. 2. Due to the reduction In height from that allowed In the Land Development Code, monument signs along Pine Ridge Road shall be allowed a setback of 0' or 5 feet from the property line. Minimum sight triangles must be maintained per County Code and "break -away" mounts will be utilized if deemed necessary by the Transportation Services Director. 3. Signage along Whippoorwill Lane will be limited to one monument sign at each project entrance, The maximum height of these signs will be 6 feet with a maximum size of 8D square feet. The allowable setback is 5 feet from the right -of —way but must meet minimum sight triangles as established by County Code. 4. Internal signage not located on buildings will be limited to one monument sign per parcel of record. Each sign shall be no more than 0 feet In height and e0 feet in area. Minimum setbacks from internal roads shall be 10 feet from back of curb or edge of pavement. 5. All other sign requirements of Land Development Code Division 2.5 remain the same. 7. M. Agenda !tern No. DE January 23, 2007 Page 119 of 152 Architectural and site deslgn standards. All commercial buildings and projects shall be subject to the provisions of Division 2.8 of the Land Development Code. Off site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies Is hereby permitted. If a surplus of earthen material exists, then Its off -site disposal Is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code, whereby off -site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards, 2. All other provisions of said Division 3.5 are appilceble. B. Agenda Item No. 8E January 23, 2007 Page 120 of 152 SECTION 1V DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdlvislon Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even If the land within the PUD Is not to be platted. The Developer, his - - -- - - - .successor and assigns shall be responsible- for - the commitments outlined In this document. The developer, his successor or assigns, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to In the rezoning of the property. In addition, any successor or assignee In title to the developer Is bound by commitments within this document. — —.... A.3- ... -.. PUD-MASTER PLAN ..- -- -- — — — a. Exhibit "E", PUD Master Plan, Illustrates the proposed development and is conceptual In nature. Proposed tract, lot or land -use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time, b. All necessary easements, dedications, or other Instruments shalt be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 4.4 SCHEDULE OF DEVELOPMENT I MONITORING REPORT AND SUNSET PROVISION a, The Project is proposed to start construction of Infrastructure in the fall of 2000), Should the Project not develop In a single phase, the absorption of the entire Project is based upon a mix of office and retail uses and is estimated to take seven to ten years. b. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Cade. c. Common areas, including areas devoted to water management facilities will be dedicated to a common property owners' association, if applicable, for purposes of maintenance and care. d, Art annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 9. Agenda Item No. 8E Januar\ 23, 2007 Pace 121 of 152 4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE /REGULATIONS a. Section 3.2.8.4.16.5 of the Land Development Code Street right -of way: Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a right -of -way width of 50 feet. Pavement width shall be a minimum of 24 feet for two-way traffic. b. Section 3.5.7.1.2 of the Land Development Code Internal roads that run parallel to water management lakes or detention areas shall be located a minimum of 20 feet from the top of bank or control elevation, whichever Is greater. C. Section 3,2.8.3.17 of the Land Development Code In the event of multiple lots within the development, sidewalks will be provided on one side of internai roadways In order to provlde pedestrian access to and from out- parcels and pedestrian facilities along Pine Bldge. Road and Whippoorwill Lane If installed prior to build -out of this project. 4.6 TRANSPORTATION a, Ail accesses and roadways not located within County right -of -way will be privately maintained by an entity created by the project developer or his assigns. b. Direct access to Pine Ridge Road will be limited to one right- inlright -out only access. If this access point Is provided, the developer shall build a turn lane west r- of the Whippoorwill Cane Turn lane as depleted In the - Collier "Coun#y Pin— e Ridge Road six - laning plans, The developer shall convey to Collier County at no cost compensating right -of -way for the area occupied by the turn lane. c. Within this right -of -way the developer shall reconstruct the storm water treatment area as depicted on the Collier County PIre Ridge Road six- laning plans, d. Access onto Whippoorwill Lane will be limited to two (2) locations generally indicated on "Exhibit E ", PUD Master Plan. e. Road Impact Fees shall be paid In accordance with Ordinance 92 -22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of Commissioners. f. An Eastbound turn lane is required on Pine Ridge Road. A minimum of 12 feet of righl -of -way for the turn lane shall be dedicated to Collier County prior to the issuance of any certificate of occupancy, No Impact Fee credits will be considered for this dedication. g, The developer shall reserve for purchase by Collier County, at Its market value as of the effective date of this ordinance and without severance damages, 40 feet of property along the eastern boundary of the PUD for Whippoorwill Lane (less that right -of -way previously condemned as part of the Pine Ridge Road right -of- way acquisition project). No Improvements, nor any portion of the projecCs storm water management system shall be designed for placement in the proposed right -of -way. Market value will be eslimated by an appraiser from the list of appralsers pre - qualified for real estate appraisal assignments and approved by Collier County. 10. Agenda Item No. 8E January 23, 2007 Page 122 of 152 4,7 WATER MANAGEMENT a. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E -40, this project shall be designed for a storm event of 3-day duration and 25 -year return frequency and shall be reviewed and permitted by the SFWMD unless dedicated to Collier County by SFWMD. 4.13 UTILITIES a. County water service is available via a 12" water main located along Pine Ridge Road. The developer is responsible to tap the main to provide both potable. water and fire fighting capability to the site. b. County sower service Is available via an B" force main located along Pine Ridge Road, The Developer is responsible for providing the necessary connections to supply the site with County sewer service. A4L facilities extended to the site and which tie In platted rights -o€ -ways shall be owned and maintained by the Collier County Water /Sewer District, The facilities, whether owned -by the Dlstricl or privately owned, shall be reviewed and installed------ - - - -- in accordance with the requirements of Collier County Ordinance No. 97 -17 and all federal, state and other existing rules and regulations. 4.9 ENGINEERING a. If the property is subdivided Into two or more parcels, a plat shall be required, - b, rork within Collier County �ights•af -vray shall most the requirements of Collier" - - - -- - �Cduhty Right -Of'- Way Ordinance No. 93 -64. - - -- _ - — 4.10 ENVIRONMENTAL a. An appropriate portion of the native vegetation shall be retained on site as required In Section 3.9.5.5.4, of the Collier County Land. Development Code. For this site a minimum of 15 percent of the existing native vegetation shall be preserved onalte, a minimum of 1.11 acres. A ro- vegetation plan for preserve areas which are devoid of native vegetation or which may be Impacted during construction, shall be submitted to Current Planning Section Staff prior to final plat/construction plan approval. b. An exotic vegetation, monitoring, and maintenance (axolfc -free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final slto plan /construction plan approval. 4.11 LANDSCAPING FOR OFF-STREET AREAS All landscaping for off - street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. M :L N q O lf) O — p N -0 co ri co C N (N N Tc- m a) CG J 07 C C m n a PUD MASTER PLAN I$R.896) PIK RlWRW N UWe1 — -- • - -��- - •f 1-c ,� f _ °-moo � _ _ -� .,... � ,.- ...•,`. -- -, - JG �aQaannQO( r ��naaaaonnna ► m i o r1 _ � OC1nClOCll7�aflD0�nn ' � pl! I R. Agenda Item No, 8E January 23, 2007 Page 124 of 152 III I c"i co C) L0 7' Lr) CN N U) EXHIBIT "C" — CONCEPTUAL WATER MANAGEMENT PLAN lot LL41 - - - - - - - -- - -- - - - - - - - - - - - ................... Lift. 1 11 r_�� I T�l3 1 j -ttl- - - - - - - -- - - - - - - - - - -- - - - - - - - - o jet Agenda Item No. 8E January 23, 2007 Page 126 of 152 PROPOSED 20' WIDTH VARIES 20' EVELOPMENT L.M.E. L.M.E. w LOPE Z SLOPE VARIES ARIES ELEV. 11.0 FT. CONTROL ELEV. 6.50 FT. NGVD 1 f� D,S.W.T. ELEV. b.50 FT. NGVD 1 4 4 ELEV. 6.50 FT. NGVD 1i I1 BOT. ELEV. (- )11.50 FT. NGVD - - - -- - - -- -- TYPICAL-LAKE SECTION._....._.... 50' RIGHT -OF -WAY 2' I 2' 4 20' 1'— 10' 10' SOD -1-1/2" ASPH. CONC, 4" CONC. SIDEWALK (TYP.) 2' CONC. VALLEY PE 5 -Itl GUTTER (TY .) 2- 12" STAB. SUB -BASE 8" LIMEROCK BASE MIN. 98.1, DENSITY, F.B.V, 75 OR L.B.R. 100 12" STAB, SUB -BASE MIN, 98% OENSITY, F.B,V. 75 OR L.B.R. 100 NOTE: 3/4" ASPHALTIC CONCRETE SHALL BE PLACED INITIALLY, PRIOR TO PRELIMINARY SUBDIVISION ACCEPTANCE. THE REMAINING 3/4" SHALL BE PLACED UPON COMPLETION OF RESIDENTIAL SITE IMPROVEMENTS. TYPICAL PAVEMENT SECTION FOR 50' R.O.W. N.T.S. SOrlRWSC.DwG COASTAL ENGINEERING CONSULTANTS, INC ` " RICHARD C. MYERS COh51 —C6' LEI; GINEERS'PLMOS'SURYYORS'GEOLMSTS mil 5, TK~ 111,STE.nm,Fl- krERS.FLZ39W PINE VIEW PUD - EXHIBIT D (WI)59PM-FAX IU%) M ISOVE-MATU 114110 -6— TYPICAL SECTIONS Agenda Item No. 8—E January 23, 2007 Page 127 of 152 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby -- - -- - - - -- certify -that -t-he - foregoing- -is -a- true copy- of -: -- Ln ORDINANCE N0. 2000 -45 �- _ _ C7 Which was adopted by the Board of County Commissi6l�jrs�pn F T1 nc the 27th day of June, 2000, during Regular Session. ,., n;, WITNESS my hand and the official seal of the BoargAf s County Commissioners of Collier County, Florida, this 28th day of June, 2000, DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners` By: Ellie Hoffman, Deputy Clerk Agenda Item No. 8E January 23, 2007 Page 128 of 152 ORDINANCE NO. 07- 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 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 "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT KNOWN AS THE PINE VIEW CPUD AND LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD (CR. 896) AND WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.58 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 00 -45, THE FORMER PINE VIEW PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Freeland & Schuh, Inc., represented by Tim Hancock of Davidson Engineering, 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 subject property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from a PUD Zoning District to a Commercial Planned Unit Development (CPUD) District for a project to be known as the Pine View Commercial Planned Unit Development (CPUD) in accordance with the CPUD Document, attached hereto as Exhibit "A," and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 00 -45, known as the Pine View PUD, adopted on June 27, 2000, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. Pagel of 2 Agenda Item No. 8E January 23, 2007 Page 129 of 152 PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , CHAIRMAN Approved as to form and legal sufficiency Marjorie M. Student - Stirling Assistant County Attorney PU'DA -2005- AR -78I VMD'sp Page 2 of 2 I. II. III. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 4, 2006 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: PUDA- 2005 -AR -7818 Pine View Freeland and Schuh, Inc. Davidson Engineering EW Consultants, Inc. Agenda Item No. 8E January 23, 2007 Page 130 of 152 The project is at the southwest corner of Pine Ridge Road and Whippoorwill Lane, approximately a half mile west of Interstate 75, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is zoned Pine View PUD (Ord. 05 -45) and is bordered by Pine Ridge Road (C.R.896) to the north and Whippoorwill Lane to the east, and non- residential developments to the south and west. ZONING N - Pine Ridge Road (C.R.896) then Naples Gateway PUD, Ragge PUD and Angileri PUD S - Community Facility (CF) DESCRIPTION Pine Ridge Road then mixed commercial and undeveloped properties Hospice of Naples, Inc. E - Whippoorwill Lane then Sutherland Whippoorwill Lane then mixed Center PUD and Agricultural (A) commercial and Seagate Baptist Church of Christ W - Pine Ridge Center PUD Mixed commercial center under development Item VI.B. EAC Meeting Page 2 of 7 IV. PROJECT DESCRIPTION: Acenda item Flo. BE vJanuary 23, 2007 Pace 131 of 152 The subject property is proposed to consist of approximately 15 -acres of commercial and professional office development. The commercial activities (10.59- acres), water management area, and preserve area (1.16- acres). V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban - Interchange Activity Center Subdistrict ( #10) on the Future Land Use Map of the Growth Management Plan. Because the PUD is located within Interchange Activity Center #10, the full range of commercial uses, including automotive sales, is permitted. This PUD is presently approved for a variety of commercial uses, generally comparable to the C -4 zoning district. Due to the fact that this property will also accommodate the expansion of a high -tech Internet company, creating new jobs in an industry targeted by Collier County and the Economic Development Council (EDC), this project has qualified as a "fast- track" project. This position furthers Objective 1.4 of the Economic Element by supporting the goals of the EDC. Per FLUE Policy 7.1, access to the project has been provided via Pine Ridge and Whippoorwill Roads. With regard to FLUE Policy 7.2, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads. FLUE Policy 7.3 has been addressed by the provision of interconnections to adjacent land uses. Conservation & Coastal Management 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 applicable federal, state, or local water quality standards." To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and limit the quantity of water leaving the site by utilizing detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. EAC Meeting Page 3 of 7 Agenda Item No. 8E January 23, 2007 Page 132 of 152 The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation & Coastal Management Element, for the following reasons: Fifteen percent (15 %) of the existing native vegetation is required to be retained. Fifteen percent of the site has been identified for retained native vegetation preservation within the PUD boundaries. In accordance with Policy 6.1.1(3), required preservation areas are identified on the PUD master plan. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Preserve management plans are required at the time of Site Development Plan /Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). V1. MAJOR ISSUES: Environmental: Site Description: The project is at the southwest corner of Pine Ridge Road and Whippoorwill Lane, approximately a half mile west of Interstate 75. The northern third of the property shows as being disturbed by agricultural practices on the 1975 aerials. This area has only slightly grown back with native species. There is a three foot deep agricultural ditch just to the south of this area which bends to the south at nearly the eastern most end of the site and continues through the site and the properties to the south. There are pockets of pine flatwoods in the old agricultural area and surrounding the ditch. The southern two - thirds of the site are covered with pine flatwoods and hydric pine flatwoods with very little exotic infestation. Staff observed standing water in much of this area during the dry season of 2005. There is an old roadway at the southern end of the site which was used for construction of the expansion to Hospice of Naples in 2002. Wetlands: EAC Meeting Page 4 of 7 Agenda Item No. 8E January 23. 2007 Page 122 of 152 There are 1.5 acres of jurisdictional wetlands on the southwest side of the site. A formal jurisdictional determination was made by South Florida Water Management District (SFWMD) staff on June 27, 2006. The wetlands are hydric pine flatwoods with pine, very few melaleuca or other exotics, scattered saw palmetto in the understory and typical wetland plants in the groundcover layer including yellow -eyed grass and hatpins. Approximately half of the wetlands will be preserved. Preservation Requirements: Of the total 15.20 acres of the project site, 7.70 acres are considered native vegetation. The old roadway for the Hospice expansion is being included as native because it was not included in the Hospice preserve calculations. Fifteen percent of the native vegetation is required to be preserved which is being met in the southwest quadrant of the site consisting of 1.20 acres, including approximately 0.75 acre of wetlands. There are three pockets of uplands within the wetland boundaries which are also being preserved. Listed Species: Two gopher tortoise burrows (one active and one inactive) were found on the site during the first survey. Another survey was conducted in March of this year and it was determined that both of the burrows were abandoned. Staff observed one of the burrows to be flooded during a site visit in May 2005. The majority of the site had standing water at that time and did not appear to be quality gopher tortoise habitat. A new survey will be conducted within six months of construction of the site and any tortoises found on the site will be relocated to an approved off -site relocation area. Stormwater Management: This project is in the I -75 Canal Basin which is within the Main Golden Gate Canal Basin. The allowable post - development discharge rate per Ordinance 2001 -27 for this basin is 0.15 cfs per acre. The design for this project is a standard design that incorporates pretreatment, dry detention, and preserves to achieve water quality retention/detention and peak flow attenuation by limiting the flow leaving the site through the discharge control structure to an amount that meets the requirements of Ordinance 2001 -27. Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC." EAC Meeting Page 5 of 7 Agenda Item No. 8E January 23. 2007 Page 134 of 152 The Preliminary Engineering Report submitted with the EIS assumes a control elevation of 10.0 which sounds reasonable. The report states that the pre - development site elevations vary from 10.5 to 11.5 and that the 27 year 3 day storm (11.7 inches total rainfall) will raise the water level by 2.55 ft. This may inundate all the preserves for a short period of time. It also means that the site will probably have to supply some flood plain compensation, but that will be determined by SFWMD during the permit process. VII. RECOMMENDATIONS: Staff recommends approval of Pine View PUDA- 2005 -AR -7818 with the following conditions: Environmental: No additional conditions Stormwater Management: 1. Due to the presence of on -site wetlands and the site's location within the "Whippoorwill" section (S18,T49,R26), this site must apply for a SFWMD Surface Water Management Permit or ERP. EAC Meeting Page 6 of 7 PREPARED BY: Agenda Item No. 8E January 23, 2007 Page 135 of 152 LAURA ROYS GIBSON DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT MICHAEL DERUNTZ, C.F.M. PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE EAC Meeting Page 7 of 7 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT Agenda Item No. 8E January 23, 2007 Page 136 of 152 DATE WILLIAM D. LORENZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR MARJORIE STUDENT - STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: DATE JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Agenda Item No. 8E January 23, 2007 Page 137 of 152 Pine View Q1 Commercial Planned Unit Development Regulations and supporting master plan governing the Pine View PUD, a planned unit development pursuant to provisions of the Collier County Land Development Code Prepared for: Freeland and Schuh, Inc. 1229 Airport Pulling Road North Naples, FL 34104 -6116 Prepared by: Tim Hancock Davidson Engineering, Inc. 2154 Trade Center Way, Suite 3 Naples, FL 34109 239 - 597 -3916 DATE REVIEWED BY CCPC: DATE APPROVED BY THE BCC: 6127100 ORDINANCE NUMBER: 2000 -45 AMENDMENTS AND REPEAL: EXHIBIT "A" Agenda Item No. 8E January 23, 2007 Page 138 of 152 TABLE OF CONTENTS List of Exhibits and Tables Page 3 Statement of Compliance and Short Title 4 Section I Property Ownership and Description 5 Section II Project Development 7 Section III Commercial Areas Plan 9 Section IV General Development Commitments 12 2 Agenda item No. 8E January 23, 2007 Page 133 of 152 LIST OF EXHIBITS AND TABLES EXHIBIT A: PUD Master Plan EXHIBIT B: Boundary Survey EXHIBIT C: Sidewalk Exhibit Agenda Item No. 8E January 23, 2007 Rage 140 of 152 STATEMENT OF COMPLIANCE AND SHORT TITLE The Pine View Planned Unit Development (PUD) consists of +/- 15.15 acres of land situated at the Southwest corner of the intersection of Pine Ridge Road and Whippoorwill Lane in Collier County, Florida The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the County's Growth Management Plan. This compliance includes: 1. The entirety of the parcel is located within the Pine Ridge / 1 -75 Interchange Activity Center, referred to as Activity Center #10 in the Growth Management Plan. 2. Activity Centers are the preferred locations for the concentration of commercial uses. The project is allowed to request a full array of commercial and retail uses consistent with the Growth Management Plan and the Land Development Code. 3. The project location, immediately Southwest of the intersection of Whippoorwill Lane and Pine Ridge Road will allow for primary access via a signalized intersection. 4. The project complies with the Collier County Growth Management Plan including the exclusion of Industrial uses in this particular Activity Center. 5. The project will be served by and approved by the Utilities Division 6. The project, as proposed, is compatible with adjacent land uses and includes adequate buffering where dissimilar land uses are located adjacent to each other. 7. Access will be provided to the Pine Ridge Center East PUD contingent upon appropriate cross access easements being recorded. 8. All final local development orders for this project are subject to the Adequate Public Facilities Ordinance. SHORT TITLE This Ordinance shall be known and cited as the "Pine View Commercial Planned Unit Development Ordinance." 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE f;genda Item No. 8c January 23, 2007 Pane 141 of 152 The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property to be developed under the project name of "Pine View." 1.2 LEGAL DESCRIPTION The subject property being +/- 15.15 acres, is described as: THE EAST' /z OF THE NORTHEAST' /4 OF THE NORTHWEST'/ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA; LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO. 120 IN STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 1018, PAGE 159, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO. 123 IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2660, PAGE 3375, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA; STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 3488, PAGE 93, OF SAID PUBLIC RECORDS. AND LESS AND EXCEPT THAT PORTION OF PROPERTY KNOWN AS WHIPPOORWILL LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 3308, PAGE 3195, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND LESS AND EXCEPT THE SOUTH 60 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST' /4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Freeland and Schuh, Inc. 1229 Airport Road North Naples, FL 34104 -6116 1.4 GENERAL DESCRIPTION OF PROPERTY AREA 5 Agenda Item No. SE January 23, 2007 Page 142 of 152 a. The Project site is located in Section 18, Township 49 South, Range 26 East, more commonly known as immediately South and West of the intersection of Pine Ridge Road and Whippoorwill Lane in Collier County, Florida. b. The zoning classification of the subject property is, Commercial Planned Unit Development (CPUD). 1.5 PHYSICAL DESCRIPTION The project site is located within the Gordon River Basin. Flows reach the Gordon River via the 1 -75 canal and the Golden Gate Main canals. Water Management facilities for the proposed project are planned to be of the lake retention or dry detention type. Elevations within the project site generally range from 10.5 to 11.5 feet above mean sea level. Based on preliminary site borings, the depth to bedrock in the area varies from some 8.5 feet to more than 11.5 feet. The entire site is in Flood Zone X according to Firm Panel 102267 0425D. Based on review of a 1975 aerial photograph, it appears that the northern approximately 1/3 of the site has been historically cleared, and disturbed by agricultural activities. This area consists of disturbed dry prairie and shrub & brushlands, with remnant farm furrows and ridges running through it. It also contains exotic vegetation (Brazilian pepper, earleaf acacia, and java plum) and nuisance ruderal species (dog fennel, ragweed, and Spanish needles). The southern approximately 2/3 of the site is predominantly native pine /palmetto flatwoods of good quality with some hydric pine. There is one 1.5 acre jurisdictional wetland area on the site. Two abandoned gopher tortoise burrows also currently exist on the site. Other land uses include a cleared strip of land previously provided for temporary access to the parcel to the south, disturbed previously cleared areas along the eastern property boundary, and an "L" shaped ditch with associated berms and drainage ditches. The soil types on the site include Oldsmar Fine sand. 1.6 PROJECT DESCRIPTION The project will consist of +/- 15.15 acres of commercial and /or professional office development. The site plan has been configured to take advantage of the location within an existing Interchange Activity Center and to maintain market flexibility for future development. The plan allows for either a single use development or multiple uses on the property. 0 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE Agenda item No. 3E January 23, 2007 Page 143 of 152 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL a. Regulations for development of Pine View shall be in accordance with the contents of this document, PUD — Commercial Planned Unit Development District and other applicable sections and parts of the Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. b. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine View shall become part of the regulations, which govern the manner in which the CPUD site may be developed. d. Unless modified, waived or excepted by this CPUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land which comprises this CPUD. e. Development Permitted by the approval of this Petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance. f. The petitioner's property is located outside an area of historic /archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic /archaeological survey and assessment is required. Pursuant to the Land Development Code, if during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Code Enforcement Department contacted. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES a. The project development plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", CPUD Master Plan. Necessary water management lakes or detention areas and the general configuration of street r;ghtg_of_;nray, are also illustrated by the CPUD Master Plan 7 Agenda Item No. 8E January 23, 2007 Page 144 of 152 DEVELOPABLE AREA 12.58 acres PRESERVE AREA 1.16 acres WATER MANAGEMENT .83 acres PERPETUAL USE EASEMENT .58 acres Total: 15.15 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS a. Prior to the recording of a Record Plat, and/or condominium plat for all or part of the PUD final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the CPUD Master Plan, the Subdivision Code, and the platting laws of the State of Florida. b. Exhibit "A ", CPUD Master Plan, constitutes the required CPUD Development Plan. Subsequent to or concurrent with CPUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the CPUD Master Plan. Any division of property and the development of the land shall be in compliance with Land Development Code, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land, as provided in the Land Development Code, prior to the issuance of a building permit or other development order. d. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Code. Amendments may be made to the CPUD in accordance with Land Development 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and /or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owner's association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Chapter 2. Agenda Item No. pG January 23; 2007 Page 145 of 152 SECITON III COMMERCIAL AREAS PLAN 3.1.1 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied the project. 3.2 DEVELOPMENT EMPHASIS The subject property is wholly contained within Activity Center #10, as identified in the Growth Management Plan. Whippoorwill Lane and an automobile service station with convenience store border it on the East. The Western property line borders the Pine Ridge Center East PUD, which is joined via future access connection to the Pine Ride Center West PUD. Both PUDs contain uses ranging in intensity from C -1 to C -4 zoning as contained in the Land Development Code. The subject property is permitted a full array of commercial uses as indicated in the Growth Management Plan, and as such, this document and the uses contained herein are consistent with the Growth Management Plan. 3.3 USES PERMITTED No building or structures or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: a. Permitted Uses 1. Amusements and recreation services, indoor (groups 7911 -7941, 7991 -7993, 7997, 7999). 2. Apparel and accessory stores (groups 5611- 5699). 3. Auto and home supply stores (group 5531). 4. Automotive repair, services, parking (groups 7514, 7515, 7521). 5. Building Materials, hardware and garden supplies (groups 5231- 5261). 6. Business services (groups 7311 -7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361 -7397 except armored car and dog rental, 7384, 7389 except auctioneering, bronzing, field warehousing, salvaging and damaged merchandise). 7. Commercial printing (group 2752, excluding daily newspapers). 8. Communications (groups 4812 -4841) except communication towers. 9. Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the location requirements of the Land Development Code. 10. Engineering, accounting, research, management and related services (grnUnc 871 1 _87485 I. A 3.4 Agenda item No. 8E January 23, 2007 Page 146 of 152 11. Food stores (groups 5411- 5499). 12. Fueling locations without convenience commercial uses, only when located with another permitted use. No diesel fuel sales. 13. General merchandise stores (groups 5311- 5399). 14. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes assisted living facilities pursuant to state statute 400.402 F.S. and ch.58A -5 F.A.C.; and continuing care retirement communities pursuant to state statute 651 F.S. and ch.4 -193 F.A.C.; and all subject to the Land Development Code. 15. Health services (groups 8051 -8059, 8062 -8069, 8071, 8072, 8092 - 8099). 16. Home furniture, furnishing and equipment stores (groups 5712- 5736) 17. Hotels and motels (groups 7011, 7021, 7041 when located in an activity center). 18. Miscellaneous repair services (groups 7629 - 7631). 19. Miscellaneous retail (groups 5912 -5963, except pawn shops, 5992 - 5999). 20. Non - depository credit institutions (groups 6111 - 6163). 21. Paint, glass and wallpaper stores (group 5231). 22. Personal services (groups 7211, 7212, 7215 -7217, 7219, 7221- 7251, 7261 except crematories, 7291 - 7299). 23. Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661). 24. Retail nurseries, lawn and garden supply stores (group 5261). 25. Real estate (group 6512). 26. Social services (groups 8322 -8399, except for homeless shelters and soup kitchens). 27. Veterinary services (groups 0742, 0752 excluding outside kenneling). 28. Videotape rental (group 7841). 29. United States Postal Service (group 4311 except major distribution centers). 30. Motor vehicle dealers, new and used (groups 5511 and 5521). 31. Automotive Repair, services and parking (groups 7514, 7515, 7521, 7542, 7549 and 7532 only in conjunction with use number 5511 or 5521). 32. Any other use that is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA "). Accessory Uses 1. Uses and structures that are accessory and incidental to the uses permitted as of right in this district. 2. Caretakers residence, subject to the Land Development Code. DEVELOPMENT STANDARDS 10 ^,genda Item ,No. 8E January 23; 2007 Page 147 of 152 a. Minimum Lot Area: 10,000 square feet b. Minimum Lot Width: 100 feet Minimum Yard Requirements: 1. Along Pine Ridge Road: 25 feet 2. Along Whippoorwill Lane: 25 feet 3. Along South property line: 50 feet 4. Along Western property line 25 feet d. Minimum Yards (internal): 1. Front Yard: 15 feet 2. Side Yard: 10 feet 3. Rear Yard: 20 feet 4. Waterfront: 25 feet 5. Preserve (Setback): 25 feet 1. Accessory Structures: 10 feet e. Maximum height: 45 feet f. Minimum floor area: 700 square feet gross floor area on ground floor (for principal structures). Guardhouses or gatehouses are exempt from this limitation. g. Minimum off - street parking and off - street loading: As required in Land Development Code. Landscaping: As required in of the Land Development Code. i. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential nor shall lighting be located within 200 feet of residential property. j. Signs: Project signage will comply with the Collier County Land Development Code. k. Architectural and site design standards. All commercial buildings and projects shall be subject to the provisions of the Land Development Code. I. Off -site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If a surplus of earthen material exists, that its off -site disposal is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to the Code of Laws and Ordinances, whereby off - site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards. 2. All other provisions of said Section 3.05.10 are applicable. 11 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE Agenda Item No. 8E January 23, 2007 Page 148 of 152 The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code shall apply to this project even if the land within the CPUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this Document. The developer, his successor or assigns, shall follow the Master Plan and the regulations of the CPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by commitments within this Document. 4.3 CPUD MASTERPLAN a. Exhibit "A ", CPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land -use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of the Land Development Code amendments may be made from time to time. b. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION a. The project is proposed to start construction of infrastructure in 2007. Should the project not develop in a single phase, the absorption of the entire Project is based upon a mix of commercial uses and is estimated to take seven to ten years. b. This project shall be subject to the Sunset Provisions of the Land Development Code. 12 Agenda Item No. S= January 23. 2007 Page 149 of 152 C. Common areas, including areas devoted to water management facilities will be dedicated to a common property owners association, if applicable, for purposes of maintenance and care. d. An annual monitoring report shall be submitted pursuant to the Land Development Code. 4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE /REGULATIONS a. Appendix B: Roads (exclusive of access easements) within the project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a right -of -way of 50 feet. Pavement width shall be a minimum of 22 feet for two -way traffic. b. Internal roads that run parallel to water management lakes or detention areas shall be located a minimum of 20 feet from the top of bank or control elevation, whichever is greater. 4.6 TRANSPORTATION a. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Land Development code (LDC) b. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. d. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. e. Road impact fees shall be paid in accordance with the applicable Impact Fee Ordinance, as it may be amended. 13 Agenda item No. 8E January 23, 2007 Page 150 of 152 f. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. g. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the 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 CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. h. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. i. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. j. If any required turn lane improvement requires the use of existing County right -of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. k. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. I. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall provide the interconnection as part of the first development order. M. The developer shall dedicate to Collier County, as of the effective date of this ordinance and without severance damages, 12 feet of property along the eastern boundary of the PUD for Whippoorwill Lane as depicted on the attached CPUD Master Plan. n. Prior to the issuance of a development order, updated traffic analysis will be performed by the developer for the intersection of Whippoorwill Lane and Pine Ridge Road. The additional analysis must outline improvements that are required to address the intersection failing movements. The developer agrees to dedicate the right -of -way reservation area as shown on the PUD Master Plan to facilitate the improvements. No certificates of occupancy shall be issued until all intersection improvements have been completed. Should the developer improve the intersection as outlined in the traffic analysis, the county will reimburse the developer in the form of impact fee credits for all improvements above his fair share. Site related improvements shall not be eligible for impact fee credits. 14 Agenda Item No. 8E January 23.. 2007 Page 151 of 152 o. A perpetual use easement will be dedicated to the County, in accordance with the CPUD Master Plan, to provide access from Whippoorwill Lane to the Pine Ridge Center to the West. Prior to issuance of a development order, the easement will be recorded with Collier County and the O.R. Book and page information will be provided as part of the D.O. application. P. Improvements to the intersection of Pine Ridge Road and Whippoorwill must be completed prior to the first CO being issued for the subject property. The property owner will be responsible for his fair share of the cost of the intersection improvements. Should he be required to improve the intersection, projects that contribute to the intersection traffic will be required by County Staff to reimburse the property owner for the intersection analysis, design and construction based on a fair share formula determined at the time of Development Order. 4.7 WATER MANAGEMENT a. In accordance with the Rules of the South Florida Water Management District ( SFWMD), Chapters 40E -4 and 40E -40 Florida Administrative Code, this project shall be designed for a storm event of 3 -day duration and 25 -year return frequency and shall be reviewed and permitted by the SFWMD unless dedicated to Collier County by SFW MD. 4.8 UTILITIES a. County water service is available via a 12 -inch water main located along Pine Ridge Road. The developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. b. County sewer service is available via an 8 -inch force main located along Pine Ridge Road. The developer is responsible for providing the necessary connections to supply the site with County sewer service. C. All facilities extended to the site and which lie in platted rights -of -ways shall be owned and maintained by the Collier County Water /Sewer District. The facilities, whether owned and maintained by the District or privately owned, shall be reviewed and installed in accordance with the requirements of applicable County Ordinances and all federal, state and other existing rules and regulations. 4.9 ENGINEERING a. Work within rights -of -way shall meet the requirements of Collier County Right -Of -Way Ordinance. 4.10 ENVIRONMENTAL a. An appropriate portion of the native vegetation shall be retained on site as required by the Land Development Code. For this site, a minimum of 15% of the existing native vegetation shall be preserved onsite, a minimum of 1.16 acres. 15 Agenda Item No. K January 23, 2007 Page 152 of 152 b. Storm water run -off shall not discharge directly into the preserve without pre- treatment. 4.11 LANDSCAPING FOR OFF - STREET AREAS All landscaping for off - street parking areas shall be in accordance with the Section 4.06.05 of the Land Development Code in effect at the time of building permit application. 4.12 DEVIATIONS a. The landscape buffer immediately adjacent to the 12 foot right -of -way reservation along Whippoorwill Lane shall be reduced to 10 feet in width but shall contain the plantings within the required 20 foot type `D' Buffer. b. The perpetual use easement shown on the CPUD Master Plan will not require sidewalks in accordance with Section 6.06.02 of the Land Development Code. Sidewalks will be provided in accordance with Exhibit 'C', Sidewalk Exhibit for that area of the project including the perpetual use easement northward. Subsequent development will have to comply with Section 6.06.02 as amended. 16 Agenda Item No. 8F January 23, 2007 Page 1 of 203 EXECUTIVE SUMMARY PETITION PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the I- 75 /Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C- 4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and I -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developer's Contribution Agreement OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone from Planned Unit Development known as the I -75 /Alligator Alley to I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) for the purpose of revising the PUD document. CONSIDERATIONS: In 1987, the subject 40.8 acre 1 -75 /Alligator Alley PUD (Ordinance No. 89 -82) was approved permitting a mix of residential, commercial and industrial uses. The current proposal is a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD), for the purpose of reducing the size of the preserve /water management area from 15 acres currently required by the PUD to 10.58 acres. This petition also proposes to revise the PUD document to include the following: providing 15 percent of the total site /vegetated area to be retained on -site, eliminate residential uses as a permitted use in the PUD, adding commercial uses from the list of C -1 through C -4 uses as provided in the Land Development Code, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, as well as revising the circulation system to accommodate the proposed plan. Other changes include limiting the maximum square footage of gross leasable floor area to 265,000 square feet of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocating the existing western entrance approximately 50 feet farther to the east, and deleting the 50 -foot perimeter setback. PUDZ -A- 2004 -AR -6417 Pagel of 5 Agenda Item No. 8F January 23, 2007 Page 2 of 203 Of the total site area, the project provides approximately 11.4 acres for the Preserve/Water Management Area, with the balance of the property designated for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan. The westernmost access will be a full access point and the eastern entrance will be a right in/right out access point. An interconnection is proposed to the adjacent East Gateway PUD, a non - residential PUD. 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 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 (GMP) 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 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 impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses, residential and non - residential uses, institutional uses, business parks, hotel/motel uses at a density consistent with the Land Development Code which shall be determined during the rezoning process; industrial uses are authorized in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses; however 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 8 PUDZ -A- 2004 -AR -6417 Page 2 of 5 Agenda Item No. 3F January 23, 2007 Page 3 of 203 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. In addition, the PUD requests 107 motel/hotel units. There are, presently, 107 existing motel units on the subject property that were approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel/motel uses are allowed within the activity centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel/motel uses were amended to delete the density of 26 units per acre and replaced with a Floor Area Ratio (FAR) of 0.60. If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Transportation Element: The Transportation Planning Department has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezone will generate 4,670 Average Daily Trips at the build out of the project in 2006. As a result, this petition is not consistent with Policies 5.1 and 5.2 of the Transportation Element. Based on the analysis contained in the Traffic Impact Statement (Exhibit "C "), the segment of CR 951 between I -75 and Davis Boulevard is projected to operate at LOS "F" with or without this project in the year 2006. The segment of Davis Boulevard adjacent to the frontage of the site will maintain a LOS "D" at build out of the project. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. Turning lanes are currently in place and are of adequate length to serve the project with the exception of the right turn lane at the western access drive (Joyrose Place). This turn lane should be provided with this SDP application. At the November 17, 2005 Collier County Planning Commission meeting, the County Transportation Services Division staff indicated that the State of Florida Transportation Department had removed major funding from the County's 5 Year Capital Improvement Plan, and because of this action the projected roadway improvements to Collier Boulevard (CR -951) will not be started in 2006, and is not known when these improvements will be scheduled. As a result, the Transportation Services Division has changed their recommendation from approval to denial since the project is no longer consistent with Policies 5.1 and 5.2 of the Transportation Element without improvements to Davis Boulevard or mitigation consistent with policy 5.1. The applicant has agreed to mitigate it's impacts consistent with Policy 5.1 by providing right of way, water management and the prepayment of the anticipated impact fees in order to accelerate the road project. This mitigation is proposed through a Developers Contribution Agreement as companion item to this application. Approval of the agreement would constitute mitigation consistent with Policy 5.1 and find this application consistent with the Transportation Element of the GMP. . ENVIRONMENTAL ISSUES: PUDZ -A- 2004 -AR -6417 Page 3 of 5 Agenda Item No. 8F January 23, 2007 Page 4 of 203 Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.1 of the PUD document with the following conditions: 1) "Pursuant to Section 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted ", and 2) "Changes needed to the Environmental Impact Statement (EIS), that were provided verbally to environmental consultant (Ken Passarella) on September 21, 2005, shall be completed." EAC RECOMMENDATION: The Environmental Advisory Council (EAC) reviewed this petition at their November 2, 2005 meeting. The EAC voted 8 to 0 to recommend approval of PUDZ -A- 2004 -AR -6417, with the stipulation that the Preserve Area shall be fenced. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition at their December 21, 2006 public hearing. The CCPC voted 8 -0 to approve PUDZ -A- 2004 -AR -6417, I -75 / Alligator Alley CPUD with the following stipulations: • That all principal structures shall meet the architectural standards for their primary fagade on their north, east , and south sides, • The Developers Contribution Agreement (DCA) including the following four points shall be approved by the BCC 1. 100 percent of all Road Impact Fees shall be paid up front, 2. 145,000 square feet of commercial floor area shall be approved for "Certificate of Adequacy ", 3. Right -of -way shall be provided on the south side of Davis Boulevard by the developer at a cost to the County of $15.72 per square foot, 4. A one acre area shall be made available by the developer for future storm water requirements from road improvements to Collier Boulevard (CR- 951) and /or Davis Boulevard. • Revisions to the CPUD's Statement of Compliance and corrections identified by County Attorney are completed. There were no statements of objection from the public. Due to the unanimous vote of approval by the CCPC, this petition would normally be placed on the Summary Agenda. However, the referenced DCA must be reviewed and approved by the Board prior to approval of this petition as the approval of the DCA is require to mitigate the potential transportation impacts created by this rezoning. As such the petition is on the regular agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed PuDZ -A- 2004 -AR -64 1 7 Page 4 of 5 Agenda Item No. 8F January 23, 2007 Page 5 of 203 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 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 inconsistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- A -2004- AR -6417, I -75 / Alligator Alley CPUD with conditions set forth in the PUD document, and that the attached (working) Developer's Contribution Agreement (DCA) has been prepared by the County Attorney's Office and the Transportation Services Division. The final DCA is a companion item that must be jointly approved with this petition. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2004 -AR -6417 Page 5 of 5 Agenda Item No. 8F January 23, 2007 Page 6 of 203 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 3F Item Summary: This item is a companion to Items 10E and 10F which will be heard at 1:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- A- 2004 -AR -6417 Ronald Benderson at al, Trustee, represented by Robert L. Duane, AICP. of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the I- 75 /Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve /Water Management Area from 15 acres currently required by the PUD to 10.58 acres.. to delete residential uses as a permitted use, to provide a new list of commercial uses comparable to those allowed in the C -1 through C-4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts, to modify the circulation system: to establish a maximum square footage of 265.000 square feet of retail and office area to relocate the existing western entrance 50 feet to the east, and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developers Contribution Agreement Meeting Date: 1/23/2007 9.00:00 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 1/412007 11:51 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1141'2007 4:27 PM Approved By Marjorie M. Student- Stirling Assistant County Attorney Date County Attorney County Attorney Office 1/512007 7:29 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/512007 10:04 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 116/2007 8:25 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/912007 1:33 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 1/1112007 6:31 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1112/2007 3:32 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/1212007 4:17 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 1117;2007 4:54 PM Agenda Item No. 8F January 23, 2007 Page 7 of 203 coY county SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 7, 2006 RE: PETITION PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission (CCPC) continued the I -75 / Alligator Alley CRUD petition during its November 17, 2005 meeting to their January 19, 2006 meeting. At this meeting, the petition was continued indefinitely because, issues relating to road capacities and future roadway improvements. The reason for the indefinite continuance is to allow time to address the Planning Commissions concerns. The petitioner has worked with staff to try to address the Planning Commission's concerns and has resubmitted their application in hopes to be heard at the December 7, 2006, Planning Commission meeting. The Department of Zoning and Land Development Review Staff recommendation originally was for approval, but due to the State of Florida Department of Transportation readjusting its funding and priorities for road projects, the County removed the schedule for the improvements to Davis Boulevard (CR. 84) and Collier Boulevard (CR. 95 1) from the 5 -Year Capital Improvement Program. Due to this change in funding, the project is no longer consistent with the Growth Management Plan (GMP) Transportation Element Policy 5.1. and the staff had recommended denial. The applicant and Transportation Planning staff has developed a Development Contribution Agreement (DCA) which addresses a plan to abate the capacity deficits for Davis Boulevard (CR. 84) and Collier Boulevard (CR. 951). Analysis indicates that this PUD is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Staff recommends that the Planning Commission forward the I -75 / Alligator Alley CPUD to the Board of County Commissioners with a recommendation of approval. ATTACHED INFORMATION: The Staff Report prepared for the November 17, 2005 and the January 19, 2006, Planning Commission meetings are attached. In addition, a cover letter dated September 8, 2006, is attached which explains the revisions that were made in the PUD Document to address the Planning Commissioners concerns. A PUDZ -A- 2004 -AR -6417, 1 -75 / ALLIGATOR ALLEY" CPUD SUPPLEMENTAL STAFF REPORT Page 1 of 8 Agenda Item No. 8F January 23, 2007 Page 8 of 203 copy of the revised PUD Document, Supplemental Traffic Impact Study, and the Development Contribution Agreement (DCA) are also attached. The petitioner has requested a third deviation in the PUD Document: Deviation 3 seeks relief from LDC Section 4.02.23D.1. for a 25 -foot buffer along the frontage road (Davis Boulevard). The petitioner is seeking relief from the required minimum buffer requirement from the edge of right -of -way. The petitioner is proposing: A ten -foot buffer shall be required from the edge of the right -of -way on the two existing sites which are presently developed with Taco Bell and McDonald's. The petitioner provided the following justification for this deviation: The proposed 10 foot buffer along Davis Boulevard reflects the existing conditions that exist at the Taco Bell and McDonald's sites, which were previously approved and developed. Staff is supportive of Deviation 3 due to the fact that the existing buffer area for Taco Bell and McDonald's were previously approved and constructed. This deviation for the buffering widths is restricted to the existing McDonald's and Taco Bell restaurants, and not for the balance of the property fronting on Davis Boulevard. Staff supports this deviation provided, the screening trees and hedge planting requirements shall be met, and shall be included with the first Site Development Plan (SDP) application for this CPUD. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." PREPARED BY: PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 2 of 8 Agenda Item No. 8F January 23, 2007 Page 9 of 203 MICHAEL J. DE RUNTZ, CFM DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY REVIEWED BY: RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD COLLIER COUNTY PLANNING COMMISSION: DATE MARK P. STRAIN, CHAIRMAN Attachments: Cover Letter - September 8, 2006 Revised PUD Document — September 15, 2006 Supplemental Traffic Impact Study Development Contribution Agreement REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 3 of 8 Agenda Item No. 8F January 23, 2007 Page 10 of 203 Division 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 Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and find that the project is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies; staff recommends that the petition be deemed consistent with the GMP, with the approval of the proposed Development Contribution Agreement (DCA). 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 acres/ 270,000 commercial square footage/ 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD) East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres /348,600 commercial square footage/ 550,000 industrial square footage/ 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres/ 450,000 industrial square footage/ 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres/ 20 acres - 200,000 commercial square footage/ 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel/motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 4 of 8 Agenda Item No. 8F January 23, 2007 Page 11 of 203 The I -75 /Alligator Alley CPUD 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 I -75 /Alligator Alley CPUD 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 of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center #9. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 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, with the approval of the proposed Development Contribution Agreement (DCA). The proposed change will result in an overall 4,67O increase in daily trips within the I -75 /Alligator Alley CPUD, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. The LDC 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, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. PUDZ -A- 2004 -AR -6417, I -75 /ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 5 of 8 Agenda Item No. 8F January 23, 2007 Page 12 of 203 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 zoning 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 I -75 /Alligator Alley CPUD 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 determination 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 may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan, with the approval of the proposed Development Contribution Agreement (DCA). 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 revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 6 of 8 Agenda Item No. 8F January 23, 2007 Page 13 of 203 and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the I -75 /Alligator Alley 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 detennining factor when evaluating the appropriateness of a rezoning decision. 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 existing PUD is developing with commercial uses that, at the time of this application for rezoning include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 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 the staff found it consistent with the Transportation Element of the GMP, with the approval of the proposed Development Contribution Agreement (DCA). PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 7 of 8 Agenda Item No. 8F January 23, 2007 Page 14 of 203 PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 8 of 8 Agenda Item No. 8F January 23, 2007 Page 15 of 203 CO LLier County SUPPLEMENTA STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 19, 2006 RE: PETITION PUDZ -A- 2004 -AR -6417 I -75 /ALLIGATOR ALLEY CPUD REQUESTED ACTION: The petitioner's requested action remains the same as explained in the staff report prepared and submitted for the November 17, 2005, Collier County Planning Commission hearing. There have been a changes to the PUD document but no change to the Master Plan. UPDATE: The Collier County Planning Commission (CCPC) heard this petition on November 17, 2005, however, the CCPC approved the petitioner's request to continue this petition to November 17, 2005, in order to allow them time to respond to the Transportations Services Division's concern over the delay in improving capacity of Davis Boulevard. Staff was forced to reschedule this petition from the November 17, 2005 CCPC hearing date because the petitioner had not submitted the revisions in sufficient time for the staff to review it for the CCPC meeting. The petitioner has submitted a revised PUD document and Traffic Impact Statement (TIS). The PUD document was revised to reflect the following: Section 4.17. Pursuant to Section 6.06.02.C.1 of the LDC, payment in lieu of construction for a 6 -foot sidewalk and a 4 -foot bike lane for project frontage along Collier Boulevard and Davis Boulevard shall be provided. The required payment shall be provided within 30 days of the approval of this zoning amendment by the Collier County Board of County Commissioners. Costs shall be determined utilizing FDOT's 2004 Transportation Costs, as amended (see also Section 7.2 M of this Ordinance). 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 1 of 12 Agenda Item No. 8F January 23, 2007 Page 16 of 203 Section 5.2.B.2. A fence shall be installed along the perimeter of the Preserve Area depicted on the CPUD Master Plan in accordance with Collier County requirements until such time as the vegetation has time to mature. Section 7.2.P Provisions have been incorporated into the project's Water Management Plan to provide for acceptance of stormwater for the widening of Davis Boulevard that is a requirement of this CPUD. Section7.2.Q. This project will be subject to the East Central TCMA requirements, which include a selection of four Transportation Demand Management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement is only applicable for development that has not received Certificates of Adequate Public Facilities. As of the date of the adoption of this ordinance, certificates had been issued for 130,000 S.F. of retail development. Section 7.2.R. There shall be no issuance of Certificates of Occupancy for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition unless Certificates of Adequate Public Facilities have been issued prior to the adoption of this ordinance. Staff has conducted further review of the new information and has reconsidered its original approval recommendation for this petition. The original staff report dated November 17, 2005 has not been revised except for the below listed revisions. Please refer to the original staff report for that information. The Transportation Element, the GMP Conclusion of the Growth Management Plan (GMP) , the Rezoning Findings (Exhibit A), and the PUD findings (Exhibit B), as well as the Staff's Recommendation have been revised. The revised sections are set forth on the following page. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Transportation Element: Transportation Services Division staff has reviewed this petition's revised Traffic Impact Statement (Exhibit Q. The TIS identified that Davis Boulevard is shown to be 94 vehicles above capacity at this time as a two -lane roadway. Retail development of 130,000 square feet has received a Certificate of Adequate Public Facilities. The traffic generated from the balance of the proposed 125,400 square feet of commercial floor area (Phase 2) will not be accommodated with the current roadway facilities of Davis Boulevard. The study proposes that the balance of construction of Phase 2 of the Alligator Alley CPUD will likely be delayed until such time as the six -laning of Davis Boulevard can be accommodated within the concurrency analysis pursuant to the Collier County Land Development Code and Growth Management Plan (GMP) regulations. As such, the staff can not recommend approval of this petition because it is not consistent with the regulation of Policy 5.1 and 5.2 of the GMP. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for any rezoning petition. The proposed uses are consistent with the property's future Land Use Element's map designation, the goals and objectives for the Interchange Activities Center #9. As noted in the original staff report, the project is consistent 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 2 of 12 Agenda Item No. 8F January 23, 2007 Page 17 of 203 with the Future Land Use Element's policy regarding compatibility, and approval would be consistent with various objectives and policies of the Transportation Element as indicated previously in the GMP discussion. However, as noted above, the proposed rezone is not consistent with GMP Transportation Element Policy 5.1. Therefore, staff must recommend that the petition be deemed inconsistent with the GMP, based upon a review of all elements of the Growth Management Plan. RECOMMENDATION: Based on staff's Growth Management Plan analysis and the resultant inconsistency finding, staff recommends denial of Petition PUDZ -A- 2004 -AR -6417, however, the CCPC may determine that a developer's commitment that there shall be no issuance of Certificates of Occupancy for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition unless Certificates of Adequate Public Facilities have been issued prior to the adoption of this ordinance, can be deemed acceptable mitigation to offset the Transportation Service Division's Level of Service (LOS) concerns. LDC Section 6.02.00, Adequate Public Facilities Requirements, would not allow the County to approve final subdivision plat plans if such approval would result in a reduction in the level of service for any public facility below the level of service established in the GMP. 1-75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 3 of 12 Agenda Item No. 8F January 23, 2007 Page 18 of 203 6EN 13 01 1 MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Tentatively scheduled for the February 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attachments: Exhibit "A " -- Revised PUD Findings Exhibit `B " -- Revised Rezone Findings Exhibit "C " -- Revised PUD Document Exhibit "D " -- Revised Transportation Impact Statement 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 4 of 12 Agenda Item No. 8F January 23, 2007 Page 19 of 203 REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 Division 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 Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and find that the project is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies; however, staff recommends that the petition be deemed inconsistent with the overall GMP because of transportation concerns. 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 acres/ 270,000 commercial square footage/ 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD) East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres /348,600 commercial square footage/ 550,000 industrial square footage/ 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then 1 -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres/ 450,000 industrial square footage/ 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres/ 20 acres - 200,000 commercial square footage/ 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHIBIT "A" 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 5 of 12 Agenda Item No. 8F January 23, 2007 Page 20 of 203 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The I -75 /Alligator Alley CPUD 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 I -75 /Alligator Alley CPUD 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 of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center #9. However, because the petition is inconsistent with the overall GMP, staff is unable to support the rezoning. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has recommended denial of the petition based upon transportation- related GMP policies. 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 6 of 12 Agenda Item No. 8F January 23, 2007 Page 21 of 203 8. Whether the proposed change will create a drainage problem. The LDC 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, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities 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 zoning 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 I -75 /Alligator Alley CPUD 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 determination 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 may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan. Because the petition is 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 7 of 12 Agenda Item No. 8F January 23, 2007 Page 22 of 203 inconsistent with the overall GMP, approval of the proposed PUD would constitute a grant of special privilege. 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 revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the I -75 /Alligator Alley 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 not consistent with the Transportation Element of the GMP, while compatible with the adiacent land uses, the timinii of the action is not consistent with all Countv 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 existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 8 of 12 Agenda Item No. 8F January 23, 2007 Page 23 of 203 approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 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, the Transportation Planning staff found it inconsistent with the Transportation Element of the GMP, however, Zoning & Land Development Review staff has included stipulations that should adequatelv address the transportation issues. 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 9 of 12 Agenda Item No. 8F January 23, 2007 Page 24 of 203 FINDINGS FOR PUD PUDZ -A- 2004 -AR -6417 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the I -75 /Alligator Alley CPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The 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 Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analvsis of the applicable objectives, goals and policies of the Transportation Element, and find that the proiect is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies, however, staff recommends that the petition be deemed inconsistent with the overall GMP because of transportation concerns. EXHIBIT "B" 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 10 of 12 Agenda Item No. 8F January 23, 2007 Page 25 of 203 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC, to assure harmonious relationships between projects, automatically regulates external relationships. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 7. LC 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. The Transportation Services Division has reviewed the proposed PUD and has recommended denial of the petition based upon transportation - related GMP policies. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the Staff Report and Supplemental Report. This petition will adversely impact the Level Of Service (LOS) for Davis Boulevard and would not be consistent with the concurrency Management Plan for the GMP. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning districts. The change includes a variety of modifications to the existing PUD document including: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 11 of 12 Agenda Item No. 8F January 23, 2007 Page 26 of 203 PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). However, because the petition is inconsistent with the overall GMP, staff is unable to support the rezoning. 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 12 of 12 Agenda Item No. 8F January 23, 2007 Page 27 of 203 Collier County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 17, 2005 SUBJECT: PETITION PUDZ -A- 2004 -AR -6417 AGENT /APPLICANT: OWNER: Ronald Benderson et al, Trustees Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd. c/o Dave Gustafson at Benderson Development Company, Inc. 8441 Cooper Creek Blvd. University Park, FL. 34201 AGENT: Robert L. Duane Hole Monies, Inc. 950 Encore Way Naples, FL. 34110 REOUESTED ACTION: R. Bruce Anderson Roetzell & Andress LPA 850 Park Shore Drive Trianon Centre Third Floor Naples, FL. 34103 The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) for the purpose of revising the PUD document. PUDZ- A -04 -AR- 6417,1 -75 ALEGATOR ALLEY CPUD 1 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 28 of 203 GEOGRAPHIC LOCATION: The subject PUD is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by I -75 to the north. The subject property is also located in the southwest quadrant of I -75, Exit 15 Interchange and further located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: In 1987, the subject 40.8 acre I -75 /Alligator Alley PUD (Ordinance No. 89 -82) was approved permitted a mix of residential, commercial and industrial uses. The current proposal is a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75 Alligator Alley CPUD, for the purpose of reducing the size of the preserve /water management area from 15 acres currently required by the PUD to 10.58 acres. The proposal also revised the PUD document to include the following: providing 15 percent of the total site /vegetated area to be retained on -site, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback. Of the total site area, the project provides approximately 11.4 acres for the Preserve /Water Management Area, with the balance of the property designated for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. The maximum allowable square footage of gross leasable floor area is 265,000 square feet of retail or office area excluding the existing motel approved for 107 units and any future motels. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan. The westernmost access will be a full access point and the eastern entrance will be a right in/right out access point. An interconnection is proposed to the adjacent East Gateway PUD, a non - residential PUD. SURROUNDING LAND USE AND ZONING: Subject Parcel: A commercial subdivision that is partially developed, which includes an existing motel developed with 107 motel units, an existing fast food restaurants. Surrounding- North: I -75 then undeveloped commercial acreage (70.2 acres / 270,000 commercial square footage / 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 2 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 29 of 203 East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres / 348,600 commercial square footage / 550,000 industrial square footage / 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres / 450,000 industrial square footage / 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres / 20 acres - 200,000 commercial square footage / 17 acres - 250,000 industrial /office park development) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element: The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center 49 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner affirms in the statement of compliance that "Development of the I -75 Alligator Alley PUD will be consistent with the Activity Center #9 Interchange Master Plan." The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres are eligible for commercial zoning. To date, 325.23 acres are presently zoned commercial, therefore, 22.65 acres are eligible to be rezoned to commercial. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 3 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 30 of 203 ZONING MAP The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses; however, 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 22.65 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. Within Activity Center #9632.5 acres X 55% = 347.88 acres maximum eligible for commercial zoning. Presently, 325.23 acres are zoned commercial leaving a remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 = 22.65). In addition, the PUD requests 107 motel/hotel units. There are presently 107 existing motel units on the subject property that were approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel/motel uses are allowed within the activity centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel/motel uses was amended to delete the density of 26 units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. PUDZ- A -04 -AR- 6417,1 -75 ALEGATOR ALLEY CPUD 4 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 31 of 203 AERIAL MAP If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Pursuant to FLUE Policies 7.1, 7.2 & 7.3, access to the project has been provided via two access points on Davis Boulevard, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads and an interconnection is proposed to the adjacent East Gateway PUD. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 5 OF 18 CCPC MEETING 11 -17 -0 5 it r+rsa rr u k � iir Ii rr� rr�r uuwi Isin m . ciriuw.r, unmoq� n++nurk mr r nnnrCl .. wL ��- ■IN wu wulttuwi: iii 11[111 11lllt �n1ht {iltld ll[1 1 Lul _ d�. r .. ��lu'pQQp.pB� �� *uG.,b."i�il.�p'la�i� itllll- fl[III , �-i�rAl�: y Mar is Etta ACTIVITY CENTER #9 Agenda Item No. 8F January 23, 2007 Page 32 of 203 a a - �.m�eY. ■ t�lo ornYasaarls rle nwaua Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezone will generate 4,670 Average Daily Trips at the build out of the project in 2006. As a result, this petition is consistent with policies 5.1 and 5.2 of the Transportation Element. Based on the analysis contained in the Traffic Impact Statement (Exhibit "C "), the segment of CR 951 between 1 -75 and Davis Boulevard is projected to operate at LOS "F" with or without this project in the year 2006. The segment of Davis Boulevard adjacent to the frontage of the site will maintain a LOS "D" at build out of the project. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. Turning lanes are currently in place and are of adequate length to serves the project, with the exception of the right turn lane at the western access drive (Joyrose Place). This turn lane should be provided with this SDP application. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 6 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 33 of 203 Open Space /Conservation: The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas equals 53 percent of the gross land area. The PUD will also achieve native vegetation preservation of re- vegetation requirements of the LDC by re- vegetation of native species; therefore, the Conservation and Open Space elements of he GMP will be achieved by the PUD development strategy. Utilities and Water Management Element: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. Water management facilities will be constructed to meet current County Ordinances. These facilities will be reviewed and approved as a function of obtaining subsequent development order approvals. The above - prescribed course of action makes this petition consistent with this element of the GMP. Two easements for well fields have been provided within the subject property. 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 10.02.13 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 Analysis: Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.1 of the PUD document with the following conditions: "Pursuant to Section 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted, and changes needed to EIS provided verbally to environmental consultant (Ken Passarella) on 9/21/05." The EAC reviewed this petition at their November 2, 2005 meeting. The EAC voted 8 to 0 to recommend approval PUDZ -A- 2004 -AR -6417, with the stipulation that the Preserve Area shall be fenced. Transportation Analysis: Transportation Department staff has reviewed the petition and has recommended approval subject to the Transportation improvements contained in Section 7.2 of the PUD document with the addition of the following condition: "This project will be subject to the East Central TCMA requirements which include a selection of four PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 7 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 34 of 203 Transportation Demand Management strategies and fair share payment for impacts not to exceed 15% above impact fees." Utility Issues: The Utilities Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.3 of the PUD document. Zoning and Land Development Review Analysis: The evaluation by professional staff includes an analysis of the project's relationship to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to 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 proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject property is zoned I -75 Alligator Alley PUD, and is approved for residential multi- family dwelling units at 16 units /per acre, and a variety of commercial and industrial uses. The proposed rezoning request eliminates the residential multi- family dwelling units. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the PUD. The development of the subject property is timely and consistent with the FLUE and the Activity Center #9 Interchange Master Plan of the GMP. Relationship to Existing and Proposed Land Uses - Generally a discussion of this relationship concerns the compatibility of the petitioner's proposed changes to the uses allowed in the PUD with the adjacent properties to the north, south, east, and west. The subject property is proposed as a modification of the already approved mixed -use development, at the base density allowed in the County's Comprehensive Plan, and specifically the Activity Center #9 Interchange Master Plan. Deviation Discussion: The petitioner is seeking two deviations and has identified them in Sections 8.1 and 8.2 of the PUD document. Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 4.06.02.D.5.a. which states: "The shape of a manmade body of water including retention and detention areas, must be designed to appear natural with curvilinear edges." The petitioner is seeking relief from the required design criteria to have a natural or curvilinear appearance. The petitioner is proposing: The existing area previously approved for waster management maintain the same configuration and that new water management area provide plant materials to provide the curvilinear appearance. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 8 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 35 of 203 The petitioner provided the following justification for this deviation: The referenced Standard is the revegetate areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre - treatment areas. Staff is supportive of Deviation 1 due to the fact that the existing water management area was previously approved, and that the confined area of the new water management area had a very confined space and the petitioner proposed to provide plantings to provide the curvilinear appearance. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from LDC Section 4.06.05.H for a 5 -foot set -back from the property line and the toe -of -slope of a two -foot or higher berm. The petitioner is seeking relief from the required minimum distance between the property line and the toe -of- slope. The petitioner is proposing: No toe -of -slope setback shall be required from the common property /tract boundary of the subject property. The petitioner provided the following justification for this deviation: The toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Water Management District permit. Staff is supportive of Deviation 2 due to the fact that the existing water management area was previously approved. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM on June 16, 2005 at 5:30 P.M. at the Comfort Inn & Suites, 3860 Tollgate Boulevard., Naples. One person other than the applicant's team and County staff attended the meeting. There were no objections to the proposed rezone of the property STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ -A- 2004 -AR -6417 to the Board of County Commissioners with a recommendation of approval as set forth in the PUD document. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 9 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 36 of 203 PREPARED BY: MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 10, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 10 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 37 of 203 REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 Division 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 proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The requested density within I -75 /Alligator Alley CPUD is consistent with the FLUE contained in the Growth Management Plan and therefore will be consistent with the goals, objectives and polices of the Plan. 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 acres / 270,000 commercial square footage / 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres / 348,600 commercial square footage / 550,000 industrial square footage / 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres / 450,000 industrial square footage / 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres / 20 acres - 200,000 commercial square footage / 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel/motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 11 OF 18 CCPC MEETING 11 -17 -05 Agenda item No. 8F January 23, 2007 Page 38 of 203 The I -75 /Alligator Alley CPUD 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 I -75 /Alligator Alley CPUD 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 of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center #9. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 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 an overall 4,670 increase in daily trips within the I -75 /Alligator Alley CPUD, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 12 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 39 of 203 The LDC 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, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities 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 zoning 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 I -75 /Alligator Alley CPUD 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 determination 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 may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact, the 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 the GMP are in the public interest. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 13 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 40 of 203 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 revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the I -75 /Alligator Alley 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 infrastructure 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 existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 14 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 41 of 203 vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUDZ -A- 2004 -AR -6417 PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 15 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No, 8F January 23, 2007 Page 42 of 203 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the I -75 /Alligator Alley CPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The 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 PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC, to assure harmonious relationships between projects, automatically regulates external relationships. PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 16 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 43 of 203 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 7. LC 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 I -75 /Alligator Alley CPUD 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. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning districts. The change includes a variety of modifications to the existing PUD document including: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPUD 17 OF 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8F January 23, 2007 Page 44 of 203 PUDZ-A-04-AR-6417,1-75 ALEGATOR ALLEY CPUD 18 OF 18 CCPCMEETFNG 11-17-05 AGM9PW4'M19 t9aG8F January 23, 2007 Page 45 of 203 1541f'/' yi > APPLICATION FOR PUBLIC HEARING FOR: ❑PUD REZONE (PUDZ) ®PUD TO PUD REZONE (PUDZ A) Petition No.: Date Received: 1. General Information: Planner Assigned: PUDZ -A- 2004 -AR -6417 PROJECT #19990293 Commission ATE: 8131104 mission District: — MICHAEL DERUNTZ ABOVE TO BE COMPLETED BY STAFF Nance of Applicant(s) Ronald Benderson et al, Trustees Randall Benderson 1993 -1 Trust c/o Dave Gustafson at Benderson Development Company, Iirc. Applicant's Mailing Address 8441 Cooper Creek Blvd. City University Park State FL Zip 34201 Applicant's Telephone # (941) 359 -8303 Fax # (941) 359.• -1836 Applicant's E -Mail Address: daye2ustafson cr,bendersou.com Name of Co -Agent Robert L. Duane Firm Hole Montes, Inc. Co- Agent's Mailing Address 950 Encore Way City Naples State Florida Zip 34110 Co- Agent's Telephone # 239- 254 -2000 Fax # 239- 254 -2099 Co- Agent's E -Mail Address: bob duane(a— Moleniontes.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34144 PHONE (941) 403- 24001FAX (941) 643 -6968 Application For Eublie Henrine For PUD Rezone 6129103, W:%2002\2902Q12tPUD\AUOlication 040QJ.doc Agenda item No. 8F January 23, 2007 Name of Co -Agent R. Bruce Anderson Firm Roetzell & AndressL.PA p.pag e 46 of 203 Co- Agent's Mailing Address 850 Park Shore Drive Trianon Centre Third Floor City _Naples State Florida Zip 34103 Co- Agent's Telephone # 239 -649 -2708 Fax 4239-261-3659 Co- Agent's E -Mail Address: bandersU110ralaw.com *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) Naive of Homeowner Association: Mailing Address City State Zip Name of Property -owner Association: 951 Commerce Center Property Owner's Association Mailing Address 8441 Cooper Creep Blvd. City University Park State FL Zip 34201 Name of Master Association: Mailing Address City State Zip Name of Civic Association: Mailing Address 2. Disclosure of Interest Information: City State I Zip 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). Naive and Address ,l»nlicntion For Public Hearing For PUD Rezone V9 /03 W: \2007,\2002912,\PUD1A:nnllcntion 040611.doe 2 Perr.entage of Ownership I Agenda Item No. 8F January 23, 2007 Page 47 of 203 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest 1. Randall Benderson 1993 -1 Trust 85% The Lineal Descendants of Nathan Benderson (100%) 8441 Cooper Creek Blvd. University Park, FL 34201 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 2. W_R -1 Associates, Ltd. _ _ 15% General Partner - WMR -1 Inc. a Florida corn Wayne Ruben - 100% shareholder of corms) Limited Partner - Wayne M. Ruben _ 8441 Cooper Creels Blvd. University Park, FL 34201 C. 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. Naive and Address Percentage of Ownership Date of Contract; f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Apnllcetion Fa Public IIcarintg r�or PUD Rezone 8/29103 WA2002120020121PUDWinijentlon 04061l.doe M Name and Address g. Date subject property acquired (X) leased ():8/Z8/03 & 311/04 Tenn of lease ______yrs. /mos. Agenda Item No. 8F January 23, 2007 Page 48 of 203 If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more thaii 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: 34 Township: 49 S Range: 26 E Lot: Block: Subdivision: 951 Commerce Center Plat Book 17 Page #: 1&2 Property I.D. #: Metes & Bounds Description: See Attached 4. Size of property: ±1660 ft. X ±1070 ft. = Total Sq. Ft. Acres 40.8 5. Address /,general location of subject property: On the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard and I -75 6, PUD District (LDC 2.2.20.4): ARWication For Public Hearing For PUD Rezone 8129/03 W:1200212002012tPUDlApp1ication 090611.doc Residential ❑ Community Facilities ® Commercial E] Industrial Agenda Item No. 8F January 23, 2007 Page 49 of 203 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST 112 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00 032'14" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 50.00 FEET; THENCE RUN NORTH 89 046'14" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 AND ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 84 (PREVIOUSLY KNOWN AS STATE ROAD 858) FOR A DISTANCE OF 455.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 89 046'14" WEST ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 84 FOR A DISTANCE OF 863.63 FEET; THENCE RUN NORTH 00 °26'16" WEST FOR A DISTANCE OF 2,071,97 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 93 (INTERSTATE 75) AS THE SAME IS SHOWN ON STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT - OF -WAY MAP FOR FLORIDA STATE ROAD NO. 93 (1 -75) SECTION 03175 -2409, SHEET 6; THENCE RUN SOUTH 63 027'12" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 146.86 FEET; THENCE RUN SOUTH 52 020'28" EAST ALONG SAID RIGHT- OF -WAY LINE FOR A DISTANCE OF 536.53 FEET; THENCE RUN SOUTH 45 013'56" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 645.39 FEET; THENCE RUN SOUTH 23 017'10" EAST ALONG SAID RIGHT -OF- WAY LINE FOR A DISTANCE OF 332.81 FEET; THENCE RUN SOUTH 02 046'25" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 630.50 FEET; THENCE RUN SOUTH 11 °15'19" EAST (SOUTH 11 °12'43" EAST PER F.D.O.T. MAP) ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 69.56 FEET TO A POINT LOCATED 275.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34, AND A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 699 AT PAGE 1723 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 °46'14" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 157.32 FEET TO A POINT LOCATED 300.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34, AND A POINT ON THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN O,R. BOOK 588 AT PAGE 1805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00 032'14" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE. OF 124.87 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS POINT BEARS SOUTH 12 °00'29" EAST THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 224.66 FEET, THROUGH A CENTRAL ANGLE OF 78 031'45 ", SUBTENDED BY A CHORD OF 284.38 FEET AT A BEARING OF SOUTH 38 °43'39" WEST, FOR A DISTANCE OF 307.92 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00 °32'14" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 102,63 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °14'00 ", SUBTENDED BY CHORD OF 35.12 FEET AT A BEARING OF SOUTH 45 009'14" EAST, FOR A DISTANCE OF 38.94 FEET TO THE POINT OF BEGINNING. CONTAINING 40.79 ACRES, MORE OR LESS, Annlication For Public Hearing For PUD Rezone 8129103 W: \2002\2002012 \PUD\Anulication 040611.dac I 7. Adjacent zoning and land use: Zoning N N.A. S I -75 Collier Blvd. PUD E C -4 W East Gateway PUD Agenda Item No. 8F January 23, 2007 Page 50 of 203 Land use I -75 road right -of -way Vacant Gas Station and vacant fast -food restaurant Vacant 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: Lot: Block: Plat Book Page #: Metes & Bounds Description: Range: Subdivision: Property I.D. #: 8. Rezone ReQuest: I This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Motel and lhvo fast food restaurants Proposed Use (or range of uses) of the property: Nora - residential Original PUD Name: I -751 Alligator Alley PUD Ordinance No.: 89 -82 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 reconunendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Corm- -nissioners 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. Narrative pi-ovided in cover letter for application. AApplieatlon For Public Hearing fnr PUD Rezone 8129103 W- A20 02\2002012VUDlAppilclilpn 0406I1.doe 6 Agenda Item No. 8F January 23, 2007 Page 51 of 203 PUD Rezone Considerations (LDC Section 2.7.3.2.5) 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, 4dequacy 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 inexistence 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. $• Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 14. Previous land use petitions on the subject Property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal 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 PubUe Hearing For PUD Rezone 8129103 W:120021200201APUDUpn1icatian 040611 tine 7•. a. A copy of the pre - application meeting notes; Agenda Item No. 8F January 23, 2007 Page 52 of 203 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 Irnmokalee /Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 81 /z" x 1 I" 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 Environ rental 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), !k 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 Systern. 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 survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); AwAlention For Pubic Hearing For PILD Rezone 8/29103 W;12 0 0 2120 0 20 1 21PUDUDpllcation 040611.doe- Agenda Item No: 8F January 23, 2007 Page 53 of 203 i. Any additional requirements as may be-applicable to specific conditional uses and identif ed 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 ig 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 AAppllcatlon For Public Hearing For PUD Rezone 8/29/03 $';\2002\ 2002012 \PUD\Annllcntion 040611 doe Agenda Item No. 8F January 23, 2007 Page 54 of 203 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. NAME OF APPLICANT; Ronald Benderson et al, Trustees Randall Benderson 1993 -1 Trust c/o Dave Gustafson, Benderson. Development Company, Inc. 2. MAILING ADDRESS: 8441 Cooloer Creek Blvd. CITY University Park - STATE FL ZIP 34201 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 311 & 41050 Yarmouth St., 185 Jo rose PI. 77 & 185 Bedzel Circle & 8831 8835 8845 & 8875Davis Blvd. 4. LEGAL DESCRIPTION: Section: 34 Township: 49 Range: 26 Lot: P -1, 2, A Block: Subdivision: 951 Commerce Center Plat Book Page #: 1 Property I.D. #:_21785002807, 21785001507, 21785002001, 21785001002, 21785002056, 2178500252, 2178500207, 21785002027, 21785000058 ,21785000210,21785002302 Metes & Bounds Description: see attached 5 . TYPE-OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM M b.. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ 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) Application For Public Hearing For PUD Rezone 8129/b W:1200212QQ20121PUD1Annlicntion 040611 doe 10 0 Agenda Item No. 8F January 23, 2007 Page 55 of 203 7. TOTAL POPULATION TO BE SERVED: 8 . PEAK AND AVERAGE DAILY DEMANDS: A. - WATER - PEAK. 55,500 GPD AVERAGE DAILY 37,000 GPD B. SEWER PEAK 39,750 GPD AVERAGE DAILY 26,500 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and 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 agreenlent 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 Provislou Statement RJM 10117i97 AmAleation For Public Hearing Pbm• PUD Rezone 8129103 WA2002 \2002012\PUDUTiniieation 040611.doc 11 I -75 /Alligator Alley F.U.D. DESIGN DEMAND FLOWS Agenda Item No. 8F January 23, 2007 Page 56 of 203 UTILITY DESIGN CALCULATIONS Sewer 265,000 s.f. Shopping Center (without food or laundry) = 0.1 GPD per s.f floor area 265,000 s.f. @ 0.1 GPD = 26,500 GPD Total Estimated Average Daily Sewage Flow = 26,500 GPD Total Estimated Peak Flow = 26,500 x Peak Factor 1.5 = 39,750 GPD Water Water Demand equals 1.00 times sewage flow Water demand = 1.00 x 25,000 to 37,000 GPD, depending upon possible (permitted) food sezvice uses. Total Estimated Average Daily Sewage Flow = 37,000 GPD Total Estimated Peak Flow = 37,000 GPD x 1.5 Peak Factor = 55,500 GPD Mollentlon For Public Hearing For PT �1l Rezone 6129103 W:1200212002012\PUD1Annllcation 040611.doc 12 Agenda Item No. 8F January 23, 2007 PUD REZONE APPLICATION Page 57 of 203 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUB1%MTT1B D WTTN A PPT IC A TMW n A f-wv - REQUIREMENTS # # OF N NOT COPIE R REQUIRED R REQUIRED S 1. Completed Application /PUD documents 2 24* 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 2 24* 5. Conceptual Site Plans 2 24* 6. Environmental Impact Statement - (EIS) 4 4 7. Aerial Photograph - (with habitat areas identified) g g* 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches 9. Traffic Impact Statement - (TIS) 7 7 10. Historical & Archaeological Survey or Waiver Application 4 4 11. Copies of State and /or Federal Permits 4 4 12. Architectural Rendering of Proposed Structure(s) 4 4 13. ❑Application Fee — "PUD Rezone" = $10,000 + $25 per acre ❑Comprehensive PIauning Consistency Review = $2,250 ❑ Application Fee — "PUD to PUD Rezone" = $8000 Fire Code Review = $150 RIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic copy of all plans and documents on a disk as I I art of the submittal packet. 15, Affordable Housing Density Bonus Agreement including all 4 4 Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 5 17. OTHER REQUIREMENTS: Documents required for Long -Range Planning Review *1 additional copy if for affordable housing As the authorized agentlapplicant for this petition, I attest that all of the information indicated on this checklist is included in tlus submittal package, I understand that failure to include all necessary subnuttal information may result in the delay of processing this petition. Agent /Applicant Signature Anniiention For Public HearhrE For PUD Rezone 8/29/03 13 Tate ` !-1llcY AFFIDA VIT Agenda Item No. 8F January 23 2007 Page 58 of 203 We /I, DAVID H, BALDAUF, Trustee under Trust Agreement dated September 22 1993 known as the RANDALL BENDERSON 1993 -1 TRUST; and WAYNE M R UBEN an behalf of WR -I ASSOCIATES LTD, being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the 'disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted, As property owner Well further authorize _HOLE MONTES _ to act as our /my representative in any matters regarding this Petition. r Signature of Property Owner DAVID IL BALDAUF, Trustee under Trust Agreement dated September 22, 1993, known as the RANDALL BENDERSON 1993 -1 TRUST Typed or Printed Name of Owner STATE OF FLORIDA COUNTY OF MANATEE of WMR- ZINC., General Partner of WR- IASSOCIATES, LTD. Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this Z 9 day of J 2004, by DAVID H. BALDAUF, Trustee under Trust Agreement dated WAYNE M RUBEN, on behalf of WR-IASSOCIATES LTD who are personally known to me. 1� Notary Public - State �.r w gllcia H, Geylon�� My COnM Isoon DD i95658 E )P1tasMQmbZ1 20071 eggi uarthe'J.HSrajw u�' Agenda item No. 8F January 23, 2007 Page 59 of 203 TRAFFIC IMPACT STATEMENT (TIS): 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; Annual Average Daily Traffic (at build -out) 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 Level of Seivice (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 decel lanes or other improvements. G. 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 Gro -wth 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 itenxs 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 Application ror Public Hearing For Pulp Rezone 8129103 W:\2002 \2002012 \PUD \Apnlication 040611 .doe 15 Agenda Item No. 8F January 23, 2007 Page 60 of 203 6. Proposed Schedule (Phasing) of Development 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. Trip 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. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assigiunent shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. ExistinLy 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 TCE of the GMP. 5. Radius of Development Influence (RDI): 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. CCU% Land Use Residential Other (corm-nercial, industa 0 - 49, 999 Sq. Ft. 50,000 - 99) 999 Sq. Ft, 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up Distance 5 Miles or as required by DRI vial, institutional, etc,) 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles fi-om the proposed project rather than a geometric radius. A.npIcaQDn For Public Fiearine For PUD Rezone 5/29103 �2QQ2\200701ZPUMAnalication 040611.doc 16 Agenda Item No. 8F January �23, 22007 6 . Intersection Analysis. An intersection analysis is required for all intersections withi etlle l3J, where the sum of the peak -hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH), 7. Backzround 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: Ai 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. Through 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. Planned /Proposed Roadway 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 Phasing: 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 supple necessary information to continue processing or othenvise actively pursue the rezoning for or 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 deeined "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) Aun[icntion for PmblieFIeariu2 For PUD Rezone 8129103 MI :1200212002012U'UD\,kppHcation 090611,doc 17 Book 2787 - Page 1684 Agenda 6 s f{ 3 u 5 kianu r 2300 1 1 `[ age 62 of 203 t K Doug4.v(i, Brorivn 2760346 OR; 2787 PG: 1684 P, 0-1_it)x 1089 fleolflo in MIMI, Wool at 00U111 CR=. it ( ►reenvUt:,1(. 29002 at 03:04ikt< 411213. !LOCI, CS, 1 CM 310000 7.10 uz cat l�.rr Nrccl LD. Numbct DQ:..ta 23844.46 DOW SPECLI LWARRANTY DEED M11 XWO11 st It 141 1 LA11'311 Wo ti144 54 (Al TWA R 1.1642 Thix Indenture. made tht� � , d,iy ill' 1 J 'r h ?m)I Walter limshirr n rcgidletit cif tlic Guunn• of Grccliville.'Stam- of South t :arolim. grantor ( "(;ranter'; and. ltonalel l- tididrimm and David! 11. tinder a 'I'mm Agrceinvotdattecl Suptcmhcr22, 1993, Latmi it., tltc IL- utdlall li ii&rson 1993 -- i 'Frusr as a wilam in common writh an undn-idud 85",, itt io;t and VR -1 Associates, Ltd,, a Florida limited partnership, as tt tenant in common si%irh an widividcd 15" is interest (" (;milted "), whose addrt;s:: is: ::70 Dchavare Avenue, lluffitlo. New York, 1-3202, Witne:c:ceth thar the MCVNJ lit, for acid in o mstitlertfion of die gum . if —TEN DOU ARS (S10.00)— lit 11:1.AILS, and other valwalsle Cunsldevaiem, rccvipi tit w1 icli L-i hereby acktui irieAgvd. hctvi -w l,vvnta. barg;i6au, sc11; , remit t:5, t:csnecl•4 arnl d'e nfir m, uim i ncc ( nutt v tall rhtu ccrt:un land sirnare in Collier Countr.11oHda and more part cula.tly dkscdlwd rm €�,xiithtt -A- attadivd herclo attd made a part hcrceif. . There is exptes -SiVely excepted from the warranties betrin contained, all easements and. regttfcdona of record, if any, and Ad Vallomm real property taxes for. the Year 2001 and stsbsecimrit year&,. .l ()t;; l :'11A ER urith all rtncmunts, heredltammrs acid oppurtenat cm4 the;rvin bvit ong ur anymse stppertainitzl;. TO HA VI", AND 'R) HOLD, the saint in fed: simple foruvvr. With mn pect to the intvvesti; (if 1(umld Bendemn and, Dead 14, :li;tldauf. ,ts '[`rttxtuew under a'l'rucr Agreement dated Suittemimr 22, 191 ?3, known as the Itand.lall 3cndenmin 1993 -1 Trum, pursuant w Suction 68x1.071, Hnrida Smtutex (1991). ;welt 'l'niyte di ,:tali live the pow(--r either to protect, conserve and to icll, acid It) lm sc. c1ic:uttiiid-.r or s iilletwiyc to mina w and dispose of the real properis i:rmvcte:d hurdle. 'flit ptoperti' ccim•recd herein 6 nett thc. he imi:mcad o(Gr wor in thin it is vncittu land and rutilher the Grantor nor Thq (irantor',t deptmdletnm residus lbermn. A'1'40 the (irantor hereby covenant, Willi said (i ranim that lire (Irani it t,, lawfulit- scu d or aid land its f- simple- :u)d IIIAt tltc Grarireir I1:114 ,t MKI imd I71V1'ltrl nuthrrrerl., to veil and convex waid fund!; and flit ( irant,.ir herubr fully warrnnts iluv ntic ti) 5md Laid and will defend the xamr ag; %inst the kawful daim, t►f all pvr"ons: clatining by, Ihrouph or un .lrr thn ( ;ranter; that snid land is fire oCa It encumbtaft, d;s. csccpr matt nccrui,lg subscyue:ttr ay D comber 3t, 201x3, and zoning;, build ititt Gritic, acid t ill wr fer,trictions impiumd by }jmernineii,tal nuthority. PUDZ- A- 2004 -AR -6417 PROJECT #19990293 DATE: 8/31104 MICHAEL DERUNTZ http: / /www.collierappraiser .con- dviewer /Image. asp? 2/12/2004 Boole 3385 - Page 2374 7„.J0 Agend$8genit,bf $F January 23, 2007 Page 63 of 203 \,Ok 2- 3251062 01-4 3305 PGA li u 4=11& 80.011111. Of =11t ( ff /$J.JZW at tS"1>"!11. KW 1. MM, Cl 1K 131 DOC -.7i Mtn: MW um 211M Im ill f &W law It 1120 Illlmm n 3N51 7W SPRCIAL W,6HILANTY DEED THIS 1NDliNTE°1tR. made this ? day of �. � ;—" 12003. between RACETR PETROLEUM, INC.. a Georgia curporatiort whose address is 319 Technology Coun. Smyrna. Geo 300132 (hereinafter tuferted to us "Grantor "), and Revaidd. Beaderwe and David If. Baldaur as Trust under. a Trust hgreemeat dated 5eptermber 22, IM known as theRanden- Betlerson 1993-1 Trust Tutus under Load True .4gr"men€ dated Aupw b1, 2003, as it tenant iat common with ran uz&vi 85% interest, 570 Delaware Avenue. Buffa14, New Fork t4202. and WR -1 Am"latm. Ltd. as a t ail conmou with an undt4ded 15% tnterest, 8441 Cooper Creek Boulevard, University Park, %L 34 (hereinafter referred to u "Csramee ") (the words "Grantor" and "Grantee" to include their respective sines; and assigns where the caftlext requires or permits): )LI 1'1 1V F S a f. T i,U. THA-r: GRANTOR. in consideration of the sum of Te=n and tad 100 Dollars ($10.00) in hand pai and bcfvre the scaling and deiivery of these presents, and other goad and valuabie consitieration.. the reO and sufficiency whereof arc hereby ackmowleW. has granted urito said Grantee all of that pmperry rr parkularly described. in E;W 'A", attached hereto and incotpozated herein by this reference, together � M- ali improvements located on the: property she" on ibiA;: (the real property described -in t " shall hereinafter be collectively referred to as the "Property "). Notwithstanding anything contained herei tine contrary.. the l' mperty is conveyed subject to those matters set forth on �t %t "B ", uttacherd. heretoam this reference trade a W he=f. GRANTOR speciric4liy disclaims ail rMw;entatkms.ard warranties, either exprenor impl regarding the Contract Property or the compliance of the Contract Property with applicable- federal, stall local statutes. rules. regulations or ordinances. The Property is conveyed to Grannice "AS lS'',"WITH A FAULTS ". without guaranties or warra.9ties of any kind. express or implied. except as, to Grantors lien warranty of dtic. GRAME assu=s all liability and responsibility for and shall inriettuttfy and hold GrW and its officers. directs . employees. shareholders, and Agents harmless from and against any axmd all clnt littp:// www. collierappraise,r .com /viewDr/Image.asp? 2/1212004 m �+ F'rcpafed by . General C&J" l ti Rw.xuw Pmokam Lm 30b'r�cht�cskgy C'aKUt �. 5�yrnn.GA 1 Agend$8genit,bf $F January 23, 2007 Page 63 of 203 \,Ok 2- 3251062 01-4 3305 PGA li u 4=11& 80.011111. Of =11t ( ff /$J.JZW at tS"1>"!11. KW 1. MM, Cl 1K 131 DOC -.7i Mtn: MW um 211M Im ill f &W law It 1120 Illlmm n 3N51 7W SPRCIAL W,6HILANTY DEED THIS 1NDliNTE°1tR. made this ? day of �. � ;—" 12003. between RACETR PETROLEUM, INC.. a Georgia curporatiort whose address is 319 Technology Coun. Smyrna. Geo 300132 (hereinafter tuferted to us "Grantor "), and Revaidd. Beaderwe and David If. Baldaur as Trust under. a Trust hgreemeat dated 5eptermber 22, IM known as theRanden- Betlerson 1993-1 Trust Tutus under Load True .4gr"men€ dated Aupw b1, 2003, as it tenant iat common with ran uz&vi 85% interest, 570 Delaware Avenue. Buffa14, New Fork t4202. and WR -1 Am"latm. Ltd. as a t ail conmou with an undt4ded 15% tnterest, 8441 Cooper Creek Boulevard, University Park, %L 34 (hereinafter referred to u "Csramee ") (the words "Grantor" and "Grantee" to include their respective sines; and assigns where the caftlext requires or permits): )LI 1'1 1V F S a f. T i,U. THA-r: GRANTOR. in consideration of the sum of Te=n and tad 100 Dollars ($10.00) in hand pai and bcfvre the scaling and deiivery of these presents, and other goad and valuabie consitieration.. the reO and sufficiency whereof arc hereby ackmowleW. has granted urito said Grantee all of that pmperry rr parkularly described. in E;W 'A", attached hereto and incotpozated herein by this reference, together � M- ali improvements located on the: property she" on ibiA;: (the real property described -in t " shall hereinafter be collectively referred to as the "Property "). Notwithstanding anything contained herei tine contrary.. the l' mperty is conveyed subject to those matters set forth on �t %t "B ", uttacherd. heretoam this reference trade a W he=f. GRANTOR speciric4liy disclaims ail rMw;entatkms.ard warranties, either exprenor impl regarding the Contract Property or the compliance of the Contract Property with applicable- federal, stall local statutes. rules. regulations or ordinances. The Property is conveyed to Grannice "AS lS'',"WITH A FAULTS ". without guaranties or warra.9ties of any kind. express or implied. except as, to Grantors lien warranty of dtic. GRAME assu=s all liability and responsibility for and shall inriettuttfy and hold GrW and its officers. directs . employees. shareholders, and Agents harmless from and against any axmd all clnt littp:// www. collierappraise,r .com /viewDr/Image.asp? 2/1212004 Book 2430 - Page 1495 ' r c' t�ss�X�x„�xtt WARRANTY DEW AgendMrP90 Janus 2 Page 64 of 203 41 OR: 2430 : t q 9S ltmm to mncm It mm, MU: Ma &N IfI s i�IrI1.. tlzl112ti1i Auda- 'Vr Pads Syr sa ltmack mpamiau, WmiuOw cWw: the CXAAt'Y?C)►R, to "i Cmmmw tOmW qty Ow.xxs Aaxo m adim w t *M= mWen is 7 Spot Dnvc, Cavb*oan, KY 41017, dtcr cwied the oRAN7zL hem= Used beviitl the ta='wVwaW Ond "game include A tbe pmtm to tins bamwntat w0d tiro WiM cepax tasiv= and auk of tbo b&vidtWs, and flue s t ion s ad eisigns '1+1rTFi+ ELSMTTH. Thal tho gtnns, for a W in c vrAS=%!au of to Leant or i to.90 aW blow wh s y w4iwi*4 Wei mitts, mains. 3413, alkso, mmims, x+alcsrit:s, oanvsys mid ewf ms UWo thr, tea, all That ucxWn land situe4 iia Curl W Coturty, Mori&, vi= f Trams A& It. #51 C==em Cemr, is; ar wrdauee w,`ifh mwl scab;ei::t to The pint . *mwf m zed in Pin Book I i, pV= I amd 2, of tl�e Puk,Jk R=nds of Cathm County, p'!n¢icia, less Thant kw& wooed by Iwd r=rdcd m OR Book • 2f71., �� 2+3']7, nftis� �uke'ic ftc�arcks c�fCoili�as Cuus,rty, ktanir3a�. L TW i_- iM with sell thm tests, taarecUWncnts and a wowni ws Owrt3D bC-i ug TO HAVE AND TO HOLD Tree same m fee fnmva. AND the grantor bmby awry with smd gmatte that the Soatos is twwfu y - seised of sold bad in fPC aisu , oast the gzerlW has good right and lawfW authority to sell sand cmvesy =id lmd; dW tiro Vamw hereby MY wanks dw title to said lmd ass# wit &Ibnd the =w tube kw Fal chinas of ail pins whomwcrer,..sz�xt�ttyaa�o�t said laud is is7rf�sc�cKof &U co & i1 :CtiU12E l�j]05Cd �t tf OCity and ti>u3 1> S set dolt on Exhibit q'e adscbod bmAu atd oxi a pwmtt bcmf. http: l/ www. collierappraiser .com/vi6wer /Image,asl)? 2/12/2004 Book 1562 - Page 1875 Agendapbge January 23, 22007 ®� Page 65 of 203 Syr:; •�;r. ' xi t 111Y br >- jiirobR4 llltbft i�lMl�NaR�d`.Ma+�018 4iak��+rir'6eie �' CAwow' "AM 'sa Clq�'.;f.L52.4ii �t`.Tiria`.Uuatrantets ��Q'.�'1�i 3iJ r R •' � i� -z Pl{ j� :� i� CprA a# Floridan 3936 �T+lafeini trail or t4aple>st;: '; ` s39A0 .. MLLiER'MURT Y EtECU�tUErp .a: 0 1P.k. Colman* Mittvant Title Guaralitam'. AR BOOK PAGE ,, papspy. of •Florifis, 3936 4aniian t Trail f lgoetit. 1Capie4, SR.t 33440 - PRUA= .in : _ tcCaivett 3, l `t Doeumwwy Stamp Tsx aotijutactiott pith the iiauaaca af - >rit2e.. Recetvad $.: Chat "C .Intatlgible - • `iaaurwca. _ . . h+eptr7 + s'ssw! td'ndiraliw ft" Iutl+b M '.K)L &ii UNTY C.ERK f OGkffTiB IiMMtO E3{ 51 X57r d DU nw•u.i ra ue:orr•+ta owrw :. S► t+i mar Ott rta tr 7'r lt'COE,,. rC'. rt Jr s1ArF7trT Jt P"M Pttd t+lade wlrt ewltuFarf !hr = da> raj �t, D. 14 6 ►i'iT..:..... '75 4 Alligat eV Alley D"I!ItTaauGs ttNb,.,...�. - . o F.ltp,�raFtpn exblittp VA& thr loan of .Mtticlda.. , „and f:nu3rtyY lfi,prfnNpwl' Pia ef;`: a , ltinilirit at. 4!5 10th' Amanda 5oittiti, . Nap Us, ;FL :,;3 44.ct'o tisrry F. Bedingt�ave . �. • hersinufftr iAW the 9Rniar to ' l . -. a��`�� , #taUonald's Carporatio:n.dltrja tict�anald`ti Cacpnratioa, n".AaLtsiiira Companar :.ml,a.r'poamillrr siidrrra bPobt Office Boiu.66207iskW 0%iri` ".Ohioag6,'IIIIAoid . �terWinejlrr rnlft+i lit. ;ordatear _ - - - - .. i :. '.r - - 1Whrtwt, .,,ta•:ritl•. t11,. {in,t, "R+taM? a r�t}aw" Ktl0. t1 WI 4 ie Nfa'ww•nr ii+l • � IA, Min, kd' rtM!� +uVa1 ai +air .:, ia�,MMYM +4 raw w,��wwt W .•4>r d•Rr•^��1 . IItSSl 1: That Ibe 4fmuoi. jor rand In iaruketill r+ of the rani a) S : la 00' aaki.ot�ia* ,.vafua6k coin trteruEtane, raratjit urhrrro(. t1 'kmby..ae�aanil.cipid. �,1� l�rt� F►crrnt. `cier� arani. #rantaw.` tali. a(tin: iwiiifsa IV 6. rnnvay: and, idnjEnn.ynlo 16s •an�irt .'n�i 161 rig 6 forid tlivala to Cok2f er �`.Coi,xty: Fiarida. mix: - .. •ti . lot of 452 Gomaexas.Centaxa s.P t9oa of:3 cation: 3b; TasasaHiP•4� >3emch,c..` " -• ;'[ Range .26 Bast. • CAliar: 46u,40, : STliitj tie., aacnrdigg �o :the .plait , t dettenf racaxdad in Pknt Bank i7 at pages land 20£ tha Public- yta:orda of.,. Collier Caurity, 9lal3da telih Al .16 twtumanls A.ndttso+tnbrand a✓xpsW+nancew IFt.nlu 6dA.eolny ar 1n arm ; �'�••' � a� � �Q ��f' 'tFcr aarts� to {n slewL {orrwr. • _ - - ii pranFo-r lura6r'eowannfx wllit i'4 orarttea ilia! - 11...4 lamJUlfr tetxed o{ sold .14 A 14 fee tti,ple 1, {,ns paod ripRl. efid WWUI nuilWO& to ..n and xartwer agld:ia.�l: Heat tF Eirt.{, jdllr.Uw raiLff'.aetd`lonrl• and':, iil fdeFarad• Ibr' ame. apttl nrltlt: iau( rdeloitnto (alt,patrons.nlianwort,r: Mni 1, ira+ o{ itl .ncvm6.ancri. axcaPt.taxes acoxuiag:siubaequunt 'sa Dncambar 31, . j �t1fRSStt#�Of i 4' 11te pranlor fun cwiiaeil tltate prrtanit to ' :, •[CO�1tG�f1Q21AC+p 1 {K t�iicaNti i+kr;te nentlr. i+lsl iUt Cnri>�eta uel iu 6- hwirunfo QjL-v4 f:,y tit' t ►. f'•,'.. ; 1 ' vroW0olikers t vrg=ro duly aul"ttsni. the day and real• Wit a6wM U+rtlt�.t _ 75 b Alllgatos Al�xy t+velo9?tUnre Fni:. .. •Ray $. �QdlF8� ate., r -" - -�tUFe CtIl�hlY (LONIGe - � sTw F1ori.da J} o • OF Co17.t,ux . " 't M[MCt7- GItT7f 1 +1u w d: �. Yf.. wt,. rrll4.i nub >rti.,6:1 {e ,ir, wu u/ Cw.tf dY+:�+ m lit ri.e•rteaYp.+�r: - - jr,stiiriwN«,t Harty P, Badinghaua .,r,a law+ fu�,an r w M h,w.t iY ' e t1. I+�tttiit ,ir,3 ,.,� tYU ,b, n„n!, W tanlawl �+�!t tb ,w fu ,fie ,:„•.e, .f: ,ws ••r►+wt•s .ii.i.aa tittle ,.•i, ,w•'�•'�+. : � Y.+tt.rti,•an, �+Es ,tu•f a 4ew i, rl� �.rtt.rw- r1 4-s 0.. 0w1 df w LL... Ly (thj. ew t�lf°n+'•//''Y•��i �% W.L <M.�.iMv wtTtW ns Wa t.t •ta•i,L ,ni l+l 0. C• _ t aJ 6rw I,ta tlwrld N•:� /1" 1 ..V t7. it i•E% . http:// ww,,v. coI heIrappraiser .com/viewei-/Irnagc.asp? 2/12/2004 Book 2,559 - Page 1831 , This rnstrrunent prepared by and return to: F Wilix1mina F. Yightlinger, Esrl, Rudnick & Wolfe 101 East Konnedy Boulevard, Suite 2000 Tampa, Florida 331502 Property Appraiser's Tit Folio No. 0000021785400207. Agendall V7 .,, o-Qa 9ge ` of 203 2492490 OR: 2559 UCOUID in 4111CIAb "CORDS of CoLl 06116/1999 at 83:151'(4 HIM A. IM Cog" ;tBC DOC, Reti: 101 clt i 90M 101 16 ISK99DY BLVD VON 'MPA R 33602 9133 THIS SPECIAL WARRANTY DEED is made as of the day of) Laic, 1999, b between T.WALTER BRASHIER, whose mailing address is 252 South Pl easantburg Drive, 5A., Greenville; South Carolina 29607 (hereinafter referred to" the "Grantor "), and TROM AND COMPANY, INC., a Florida corporation, whose mailing address is 1720 El Jobe-an) Potrt Charlotte, Florida 33948 (hereinafter referred to as the "Grantee "). _V111U MTH: The Grantor, for and inconsideration of the sum of Ton and Noll00ths Dollars ($10.0( otbzr good and valuable considerations, the receipt and sufficiency of which are h __acknowledged, hereby grants, bargains, sells, conveys, remises, releases and transfers un( Cmwtee, its successors and assigns, 311 that certain land situate in Collier County, Florida, more describod w follows (the "Property"): - See E it "A" attached hereto and made a part hereof, which Pmperty is subject to thosem;atters set forth on Exbihit "B" attached hereto axd hereby made a part hereof (the "Permitted Exccptiuns ). TOOETTMR with all the ttements, haeditatnenls and appurtenances thereto belongi in anyvrisc appertaining, TO HAW— AND TO HOLD the same in fee simple forever. _ -.. -. The Grantor does hereby covenant that. Grantor (i) is lawfully seized of the Property simple, (h) has good rightand lawful authority to sell and convey the Property, and Fifi) war•ran- will dofend the same against the lawful claims of all persons whomsoever claiming by, throu a .�tL.ar nal�inV.t in I -�n T)wwm.ftptZ Fewro»tnr+e llttp:// www. collierappraiser ,coiJviewer /Image.asp? 2/12/2004 iq3 Book 2011 -Page 2377 Agendflt;gm Nof81F January 23, 2007 a e 67 of 203 1887630 OR: 2011 PG. 2377 UMID1/ to GUICIM "Not at aunt em n, n 111104 at 1112111011M I. lion, cuff tars stool$j$ ne 111 13.01 M -.70 3318.01 tatal '0�(5wd� 000 -- WARRANW DEED KlIM 81 Ilya Aeo -ego, a4 THIS WARRAMY DLED made the _7= day of Decernba, 1994, by 75 & ALLjr,AT0RAUHyDEvEt. pm r, 1NC,, acorporabonmistingundertheIawsoftheState of Florida, having Its principal place of busirms in Collier County, in the State of Florida, mil tawfulty m&uimd to hatma businen in the State: of Florida, party of the fast pact, and B & 0 RPi MY, INC., a corporation musting under the laws of the State of Wmc omA having its principal place of business at 250 Fast Wisconsin Avenue, 17th floor, Milwaukee Wlscomin, party of the second part. wrfNHSSE111 11mt the said patty of the rust part, for and in consielmdon of the smn of $I0.00 and other valuable corside melons, to it in hand paid by the said patty of the sacond part, file modpt wtzmf is bmvby acJatowledged, has granted, bargained and sold to the said patty of the second part, its sowessors and assigns forever, the following described land sltu dA lyLeg and being the County of Collis and State of Florida, twwlt: The Sodieriy 114 a= of Lot 6, 951 t ;orttrrlerae Center, according to the Plat thereof♦ as recorded in Plat Hook 17, pages I and 2, of the Public Records of Collier County, Florida. All of said parcel lying in the East 1!2 of Sectioa 34, Township 49 SoWu Range 26 fit, Collier Cotmty, Florida, being more pard lwiy described as follows: http;// wwm,. tollieral)praiser .eoln/Wiewer /Image.asp? 2/12/2004 Cmrnenoe at the intersection of the Nortlxrty Righht -ot Way line of Burl Ci rdc and the Easterly Right -of -Way I'm of Sahel Circle as shown on the Plat of 951 Commerce Center, woongng to the plat thereof; as rocded in Plat Book 17, Pages l and 2, of the Public l4c=ds of C ullicrCotahty, Fimida; ihaloe along said Easterly Right- of.Way line of Haim Circle, South 410"13'46" West a distance of 62,78 fee, for a Point of Beginning; therm continuing along said Easterly Right- of -Way Imc, South W13146" West a distance of 407.22 feet, to a point of K ' cmatum, dance 196.35 feet along the arc of a cuaw to the right having a radius of 125.00 feet through act ml angle of 90°IX1'W' and subtt nded by a chord r which beats South 45013'46" 'West for a chord distant of 176.78 feat, to a point j t of Iange3tcy; thence along the Southerly line of Lot 6, South 89°4614" East a 3 o distance of 177.53 feet; dm= along the Suuamrvterly lim, of Lot 6, 160.45 feet t° a along the arc of a curve to tho right having a radius of 224.66 feti through a E i axonal angle of 40°55, 10" and wbtmxled by a chord which bears North S 7°31'54" East for a cdrord dis mcc of 157.06 feet; thence along the l astely line of Lot 6, Notch 00°3T14" West a distance of 447.42 feet; thcacc along a new line of "> division through said Lot 6, Notch 8914614" West a distance of 178.72 feet, to the Point of Beginning. http;// wwm,. tollieral)praiser .eoln/Wiewer /Image.asp? 2/12/2004 35/23/2603 14:30 9417322585 Cif✓ LJJ Lt313tl L.3: 41 741 (,�LLztiS l40-y 23, 2003 CC ENG PLAN ROOM Agenda It moo., ti.L. Cl"1l7 I'Lfi1Y T[UUiYI Januar , 29@7' Page 68 of 203 rn M18.1'amiarai Mmn - Naples, 21•irida 3 112 a (239) 732-2575 • M (239) 732 -2526 Mr. S.Mry C. Neal,, P.F-, Hole Montes 950 Ancore Way Naples, FL 54110 A; 1.75 Alligator Alley PLD Water and Wastawatex ,p,,vailabikty bear, kr, Neal., RE- SUBMITTAL PUDZ- A- 2004 -AR -6417 pROJECT #19990293 DATE: 5/11/05 MIKE DE RUNT Z Water and sewer service is available fox the abiwo x6fareanced project via existaxg lium along Butitl Cirole. A. cast= meter ahAU be required for such faciirti,,s as renul apartments, owpping centexs, strap mails., bighiise condominiums, recreational vebioleparks, mobile ho= paxics or any ad= multi - family projects that cat not or do nal provide the required C Bs pasalleliug a typical single %=Uy strut cross• - section or any cithor project that does not comply with or meet tbo ixnt=tion of Ordinance 2001 -57, as ame,aded or saperceded. If this prc�ect is nvt to provide the roquired CoU er Coumty UtIry Easca emts (CU M), all water and sewer fadiities shall be owned and xv tntaiaod by tlae ownAi, his successors or assigns. If this project is to provide the required CUBs, all water and sewer £auilities shall be owned and wasntained by Collicr CountyPtAbz Utilities. Tie-in to waxer WA Gower lioea .shall be mace after submissioxk and approval of the kydrauiic calmlatlom by 'F,nginoering Review Services, sbowaag that the do w mtream syste.= are adequate to handle the use in flaw. Tho Diathot will be nualdAg phased expamints to the water supply, treatment and transmission £acMlities and sewage txanur6uiou, tregttaMt and dispossll facilities sezvic' the area au question and other areas of the C.ovzty, based on demand's within the system and other bffid ug comas- itramts. These expansions should provide sufficient oapacity to supply the refm -e=4 property's anticipated 1:otable water and sewage treatment azad disposal d==ds end the remainder of the Ui: :tool's committed captLdV. aow"er, na guarantoe can be issued that other dmetolana,=ts throughout the District will a�ClnacritK iNh1��+7.kL+4ltiytAV�i'r$`c7ily IstcG� L � r% @5/23/2003 14:30 9417322585 Mr. Jerry Neal, p.E. lvfay 23, 2003 page 2 CC ENG PLAN ROOM Agenda OwsENoB!�F LI,I I v-+.. I.IJ,JI1 JanuariyM, 2007 Page 69 of 203 )30t have ala impact on tTae quantity of potai +le water auci sewage treatmwt and disposal capacity avaftblte to this propert;r until each Phase has received commitment for sexv m Connections are also subject to the availability of water and sewer caPacity at the timer fonrW application is received. Should water s«pply or sewage treatment and disposal capacity tot be available, the Developer would 11,0 rNuixed.to provide an interim means of water supply and treatment and sewage trelitmeut and disposal until the DL -A6ces facilities have the adequate capacity to servo the:; troj oct. please note that any and all impn vemeats that y:)u cowmact must be in acrcor =15 with. all applicable ordinances and policies, ineNdizlg -I he payment Of imisact fees. Should yon have any further questions, please_fet'A free to oantact We at (239) 732-2575. Sincerely, vim. �; ►' 'au t .•.t - .t ec; Diana Dross, UV&ty.l3iUj=,, & Customer ervice Wes HM, Enghzeedug ServiGers Heather Sweet, Utility BiUiz g & Gustomel • S=Vic* GtlF�pi�s� sucarnvetia�cyinvrtihlncy Lone Age a_ 3 q, $; / Page 70 of 203 NUN/TED STATES POSTALSERVICE Match 9, 2005 RE- SUBMITTAL - - — PUDZ -A- 2004 -AR -6417 PROJECT #19990293 DATE: 5/11/05 MIKE DERUNTZ Robert L. Duane, A.I.C.P. Hole Montes Engineers - 950 Encore Way Naples, Fl. 34110 Letter of no objection, I -75 /Alligator alley PUD, - The Postal Service has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P.U.D. Sincerely, Bob Skebe Growth Management NAPLES MOM OFFICE 1200 GOODLETTF- RD N NAPLES, FL 34902 -9958 Agenda Item No. 8F January 23, 2007 Page 71 of 203 Development Servioes Department community Development Division f collier county Government 2800 North Horseshoe Drive f Naples, Ft. 33942.6917 Phone: 813 ! 643 -8400 Current Planning April 20, 1994 Mr. Bill Hoover, AICP Butler Engineering, Inc. 1545 Colonial Blvd. Fort Myers, Florida 33907 Re: Approval of Preliminary SDP-- 94-32, Budgetel Hotel. at I -75, Alligator Alley PUD, Subject to Conditions and Stipulations. Dear Mr. Hoover: The Current Planning -staff has determined the proposed Preliminary Site Development Plan (SDP- 94 -32) to be in compliance with the standards set forth in Division 3.3 of the Collier County Land Development Code. Changes"in use and /or design of this plan are not authorized without- written' approval by the County. . Changes shall require re- review in accordance with all current. County codes including parking facilities, utilities and transportation. Final plans may be submitted to Project Plan Review subject to the incorporation of all conditions and stipulations listed below: 1. Current Planning: Approved subject to the following: a. A single hedge row shall be provided along rear of property (between parking lot and C.R. 951). b. Notwithstanding this preliminary site development plan approval, the applicant /petitioner is hereby placed on notice that the requirements of other jurisdictional agencies (i.e., fire, health- department, or other state and federal agency) are the responsibility of the applicant /petitioner to account for in the design of this site plan and that these other agency requirements may require amending this site plan and resubmission for LDC consistency relationships. ,�7jL� Mr. Hoover April 20, 1994 Page Two 0 Agenda Item No. 8F January 23, 2007 Page 72 of 203 c. Section 4.4 of the I -75 /Alligator Alley PUD document allows a maximum density of 26 hotel /motel units per acre. The subject Budgetel Hotel proposes 108 units on only 2.14 acres which results in a density of 5o units per acre. However, Section 3.5 of the PUD document allows for the transfer of development densities within the Conservation Area to developable portions on the site.* Therefore, the petitioner shall provide on the Final Site Development Plan a legal description. of the area required (2.01 acres) from Conservation Area that is being used to .transfer development. .densities to keep the overall density at 26 units per acre on Tract G. d. The maximum height of the hotel shall not exceed 50 feet. Project Plan Review: Approved subject to the following: Water Management and Engineering a. ,Detailed paving, grading, site drainage and utility plans -shall be submitted to Project Plan Review. 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 Plan Review. b. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3-.2• C. A copy of South Florida Water Management District Permit Modification with staff report is required prior to final site plan approval. d. Work within Collier County right -of -way shall meet. the requirements of Collier County Right -of -Way Ordinance No. 93 -64. e. No vehicle shall be forced onto any street to gain access from one aisle to another aisle. (LDC 2.3.4.6) Southernmost parking lot will not be permitted. Final Site Development Plan shall be revised accordingly. . Agenda Item No. 8F January 23, 2007 Page 73 of 203 Mr. Hoover April 20, 1994 Page Three f. The existing twenty foot (201) drainage easement shall be called out on final plan. Utilities a. Connection to the existing water and sewer facilities within Bedzel Circle right -of -way is required and must be completely illustrated on the final site plans. Supporting engineering construction drawings shall be provided showing location, configuration and size: b. Prior to Final Site Development Plan approval., a letter of water and sewer availability from Collier County Utilities Division shall be submitted. C. Design and construction of these facilities must be in compliance with ordinance No. 86 -76, as amended. Environmental a. A site visit has shown a cabbage palm to be located on the .subject .property. Provide a site clearing plan showing the limits of clearing or provide a note on the site plan indicating. the removal of the cabbage palm. Amend the "General Vegetation Inventory and Assessment's ,note on the site plan to reflect this change. b. Submit the appropriate site clearing fee. 3. Addressing Pursuant to Ordinance No. 81 -47, no proposed subdivision, street, building, condominium or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Community Development Services Addressing Department. Mr. Hoover April 20, 1994 Page Four l� Agenda Item No. 8F January 23, 2007 Page 74 of 203 4. Transportation Services: Approved subject to the following: a. Internal stop bars and stop signs should be added as shown on Ed Kant's memorandum of April 4, 1994. b. The stop bars and stop signs shown at the entrances should be relocated so as to be within the property boundaries as shown. c. The southernmost driveway shall not be permitted. A possible redesign would cross the existing easement. . To accomplish the foregoing reconfiguration, an easement would have to be obtained from. the Collier County Water and Sewer District. Such easement. would have to be subordinate to the District's own easement. All other review agencies have approved the- -above referenced application without stipulations. Should you have any questions _ regarding the stipulations noted above, please, don't hesitate to contact me at 643 -8469. Final Site Development Plans may be submitted to Ms. Sandy Hackney of Project Plan Review. Should you-have any questions regarding the Final SDP process, please call her at 643 -8473. For your convenience a Final SDP check list describing submittal information has been enclosed with this correspondence. Sincerely, 4 Raymond V. Bellows Project Planner Enclosure CC: Sandy Martin, Property Appraiser's Office, John DiMartino, Customer Services /Records July Adarmes, Project Plans Review • • • Z7 Agenda Item No. 8F January 23, 2007 Page 75 of 203 Technical Memorandum Mr. Donald Scott, AICP — Collier County Transportation Planning Mr. Nick Casalanguida — Collier County Transportation Planning From: Richard M. Reiff, P.E. Vr1/ September 8, 2006 Subject: Alligator Alley Supplemental Traffic Impact Study Introduction Kimley -Horn and Associates, Inc. (KHA) has conducted an analysis to estimate 2009 traffic volumes along County Road 951 (CR 951), also known as Collier Boulevard, from Interstate 75 (I -75) to Davis Boulevard/Beck Boulevard in Collier County, Florida with consideration of the Alligator Alley development. This analysis also included a review of intersection and roadway segment level of service (LOS) estimates along the CR 951 study corridor. The three (3) study intersections included in the LOS analyses were: CR 951 & 1 -75 North Ramps (Northbound); CR 951 & I -75 South Ramps (Southbound); and CR 951 & Davis Boulevard/Beck Boulevard. The roadway segments considered in this analysis included CR 951 from 1 -75 to Davis BoulevardBeck Boulevard. Future Traffic Volumes Vehicle turning movement volume counts were conducted by KHA at the three (3) aforementioned existing intersections during the p.m. peak -hour period (4:00 p.m. to 6:00 p.m.) to quantify existing peak -hour traffic volumes within the study area. The counts were conducted in February 2006 (peak- season conditions), and were adjusted utilizing the FDOT weekly adjustment factors for Collier County. The development of 2009 future traffic volume estimates was conducted in three steps. Traffic volumes associated with major, approved developments in the area, an annual growth rate along the CR 951 corridor, and the diversion of traffic to the new 1 -75 & Golden Gate Parkway interchange were considered. Agenda Item No. 8F January 23, 2007 Page 76 of 203 Based upon discussions and agreements with Collier County and FDOT District One staff, traffic volumes from the un -built portions of 10 developments were incorporated into the analysis. The developments were separated into three groups by location and are listed below. West of CR 951 • Abercia North • Abercia South • Elementary School G • Golden Gate High School • Magnolia Pond Condominiums East of CR 951 • Borrow/Rock Pits (three separate developments) • City Gate — Phases 1 & 2 • Whitelake Industrial Park South of I -75 • Davis Crossings Westport In addition to the 10 developments above, consideration of the Alligator Alley shopping center was also included. The traffic volumes associated with these major, approved developments were taken from the most recent and available Traffic Impact Study data that has been conducted for each development. However, no traffic data was available for the Whitelake Industrial Park; therefore, a trip generation and distribution review was conducted. Traffic volumes generated by the Whitelake Industrial Park for the p.m. peak hour were estimated using the Institute of Transportation Engineers' (ITE) Trip Generation, 7th Edition (2003). As part of the trip generation estimates, internal capture trips (including interaction with City Gate — Phases 1 & 2) and pass -by capture trips were considered and determined based upon information contained in the ITE Trip Generation Handbook, 2ad Edition (2004). Whitelake project traffic was then distributed and assigned to the public roadway network based upon the results of a Florida Standard Urban Transportation Model Structure (FSUTMS) select -zone analysis run. Worksheets documenting the trip generation and distribution review are provided in Appendix A. In addition to the traffic associated with the major, approved developments, the existing 2006 peak- season volumes were adjusted by a four percent (4 1/6) annual, linear growth rate. This growth rate is based upon the agreed upon growth rate development methodology between Collier County and FDOT District One staff. Page 2 of 5 Agenda Item No. 8F January 23, 2007 Page 77 of 203 Finally, the diversion of future traffic from the I -75 & CR 951 interchange to the planned 1 -75 & Golden Gate Parkway interchange, currently under construction, was considered in the future 2009 traffic volume estimates along the CR 951 corridor. The diversion of traffic to the I -75 & Golden Gate Parkway interchange was estimated by comparing two FSCTTMS analysis runs, one utilizing the existing roadway network, and one utilizing the existing roadway network including the new interchange. The results of this comparison indicate that the traffic volumes utilizing the I -75 & CR 951 interchange would be reduced by approximately 15% due to the new 1 -75 & Golden Gate Parkway interchange. The traffic volumes from the 11 major, approved developments (including Alligator Alley) were added to the growth -rate adjusted, peak - season traffic volumes to produce 2009 traffic volume estimates, which were then adjusted with the 15% diversion to the new 1 -75 & Golden Gate Parkway interchange to produce 2009 total traffic volume estimates. Worksheets documenting the intersection traffic volume development are provided in Appendix B. Future Improvements Based upon the discussions and agreements with Collier County and FDOT District One staff, several planned improvements along the CR 951 corridor were included in the review of 2009 LOS estimates of the study intersections and roadway segments. The planned improvements are related to the CR 951/Davis Boulevard corridor, and for the three (3) study intersections include the following lane geometries. At the CR 951 & I -75 North Ramps (Northbound) intersection, consideration of four (4) northbound and southbound through lanes was included in the LOS analyses. At the CR 951 & 1 -75 South Ramps (Southbound) intersection, consideration of five (5) northbound and four (4) southbound through lanes, two (2) southbound left -tum lanes, two (2) eastbound left -turn lanes, and three (3) eastbound right -turn lanes were included in the LOS analyses. At the CR 951 & Davis Boulevard/Beck Boulevard intersection, consideration of the following intersection configuration was included in the LOS analyses: ► Eastbound Approach — Three (3) left -turn lanes, two (2) through lanes and one (1) right -turn lane; ► Westbound Approach — One (1) left -turn lane, two (2) through lanes and one (1) right -turn lane; Page 3 of 5 Agenda Item No. 8F January 23, 2007 Page 78 of 203 Northbound Approach —Two (2) left -turn lanes, three (3) through lanes and one (1) right -turn lane; and b. Southbound Approach — Two (2) left -turn lanes, three (3) through lanes and two (2) right -turn lanes. LOS Analyses Based upon the future intersection traffic volume development and the planned lane geometries previously described, an intersection analysis was conducted for the three (3) study intersections along the CR 951 corridor utilizing the Highway Capacity Manual methodologies defined in Synchro, Version 6.0. In addition, a roadway analysis was conducted for the study roadway corridor also utilizing Synchro, Version 6.0. For the intersection and roadway analyses, a LOS standard of LOS E was considered. The results of the intersection analysis, utilizing the future p.m. peak -hour intersection turning movement volumes, are summarized in Table 1 and indicate that all intersections are expected to operate at an a acceptable LOS during the future 2009 p.m. peak hour. Summary worksheets of the intersection analyses are provided in Appendix B. TABLE 1 2003 Y.M. Peak -Hour Intersection Conditions Intersection LOS Standard Intersection LOS CR 951 & 1-75 North Ramps (NB) E C CR 951 & L -75 South Rmips (SB) E B CR 951 & Davis Boulevard/Beck Boulevard E C The results of the roadway analysis are summarized in Table 2 and indicate that all roadway segments are expected to operate at an acceptable LOS during the future 2009 p.m. peak hour. Summary worksheets of the intersection analyses are provided in Appendix B. Page 4 of 5 Agenda Item No. 8F January 23, 2007 Page 79 of 203 TABLE 2 2009 P.M. Peal: -Hour Roadway Conditions Roadway Segment LOS Standard Roadway LOS NB SB I -75 North Ramps (NB) to I -75 South Ramps (SB) E B D I -75 South Ramps (SB) to Davis Boulevard /Beck Boulevard E C D Closing Based upon discussions and agreements with Collier County and FDOT District One, this technical memorandum summarizes the findings of the analysis to estimate 2009 traffic volumes along CR 951 from 1 -75 to Davis Boulevard/Beck Boulevard in Collier County, Florida with consideration of the Alligator Alley development. This memo also summarizes the findings of the intersection and roadway segment LOS estimates along the CR 951 study corridor. H:\ M649017\2006 -081Memo.CR951.090106.doe Page 5 of 5 Agenda Item No. 8F January 23, 2007 Page 80 of 203 APPENDIX A: Whitelake Industrial Park Trip Generation and Distribution Worksheets LL r— co 00 c:) C:) .ON ON Z Ci 03 C m :3 co -6 E: n z o T- gn 0 wJ 0 z 0 ■ Z w Z 0 CL R z w Ix D 0 0 LLI CL CL 0- CL 00, wJ tV , N 12, �Uf)- ti .o 3 Fl F o 1, C 12-1 IL .1 CL 00, >ltim coon N O C6 c 0 m Q '0 x A a 3 0 0 R 0 � ou - 6 N O 0 14 1- O 1 N u 3 • O r � D � 0 00 U 01 ♦ M c 11! 0 N— Oi— nr � 0 M — C or 9,c IL d O _r - VI r e c 0 / YNOC ar--� —OP -r -n um Agenda Item No. 8F January 23, 2007 Page 83 of 203 APPENDIX B: Intersection Traffic Volume Development and Analysis Worksheets Agenda Item No. 8F January 23, 2007 Page 84 of 203 I . INTERSECTION TRAFFIC VOLUME DEVELOPMENT I CR 951 & I-75 North Ramps (NB) TRAFFIC CONTROL: COUNT DATE: TIME PERIOD: PEAK HOUR FACTOR: Signalized February 16, 2006 4:30 p.m. - 5:30 p.m. 0.95 "EXISTING TRAFFIC" EBL EST ESR W8L WBT WIIIIR NBL Mff NBR Raw Tun*v 94avesnent Coueft ]to7 6 1 61 1,007 1.216 Peak- Season Correctim Factor 1 1 098 0.9e 0.96 0.96 0.1m VOLUM" 193 5 version due to Golden Gate interchan( TOTAL VESTED TRAFFIC irs To Buildout Yearly Growth BACKGROUND TRAFF 2009 NON-PROJECT TRAFFIC ESL EST L_ WBL WOT WBR NBT NBR F4 418 3d "1 4S5 215 0 127 81 (;99 I 71F b73 3 =3 4 0%. 4 0 4, 0, Ill 13 5 194 j 0211 2, 1,779 1 TYPE EBL WT MW WISL WBT WBR NBL P66T NEW SST SUR New 42 42 43 .......... ..................... ... 42 Q ;3 "TOTAL TRAFFIC" EBL EST ESR WSL WST WOR 2009, TOTAL TRAFFIC 226 1 5 194 Agenda Item No. 8F January 23, 2007 Page 85 of 203 INTERSECTION TRAFFIC VOLUME DEVELOPMENT CR 951 & 1-75 South Ramps (SB) TRAFFIC CONTROL: COUNT DATE: TIME PERIOD: PEAK HOUR FACTOR: Signalized February 16, 2006 4:15 p.m. - 5:15 p.m 0.97 "EXISTING TRAFFIC" EBL EBT EBR WBL WBT WBR Raw Turning Movement Counts qg Peak-Season Correction Factor j 0.98 1 2006 PEAK-SEASON VOLUMES 1 97 1 1 1,036 1 1 1 MDR SOL SST SDR 1 167 34 1.092 1 0.06 0.96 0M 240" 1 1" U 1.117111 "NON - PROJECT TRAFFIC" EBL EBT EBR WBL WBT WBR NBL NBT SBT SBR CR 951 West - Net, New 209 LAND USE TYPE EBL EST WBT WBR NBL '7- 209 1 CR 951 West - Pass -by 84 + CR 951 East - Net, New 107 TOTAL PROJECT MftTf;" 108 10, 314 276 CR 951 East - Pass-by EST EBR WBL MIST WDR, NSL NBT NSR SSL SRT SOR 2009 TOTAL TRAFFIC ,.. =. 409 1 1 1,102 1 _I I I F_ South of 1-75 313 1 2-006 L F4= Diversion due to Golden Gate interchange .1c. TOTAL VESTED TRAFFIC 3�1 71 4 Years To Ruitdout (2009) j 3 3 Yearly Growth Rate 4,0,'; C 011" 4,0%-- BACKGROUND TRAFFIC GROWTH 0 4 28 2009 NON - PROJECT TRAFFIC OUT 2.60 193 313 1A0 "PROJECT TRAFFIC' LAND USE TYPE EBL EST WBT WBR NBL NBT SST SSR Alligator Alley NOW 84 TOTAL PROJECT MftTf;" "TOTAL TRAFFIC" ESL EST EBR WBL MIST WDR, NSL NBT NSR SSL SRT SOR 2009 TOTAL TRAFFIC ,.. =. 409 1 1 1,102 1 _I I I 2732 1 197 1 313 1 2-006 L Agenda Item No. 8F January 23, 2007 Page 86 of 203 INTERSECTION TRAFFIC VOLUME DEVELOPMENT CR 951 & Davis Boulevard TRAFFIC CONTROL: Signalized COUNT DATE: February 16, 2006 TIME PERIOD: 4:15 p.m. - 5:15 p.m. PEAK HOUR FACTOR: 0.98 "EXISTING TRAFFIC" EBL EST ERR WBL WST WSR NBL MDT MDR SBL SST SBR Raw Turning Movement Counts 704 108 181 64 110 210 202 1,354 127 148 1,104 742 Peak - Season Correction Factor 0.98 0.98 0.96 0.98 0.98 0.96 0.98 0.98 0.96 0.98 1 0.98 0.98 "NON - PROJECT TRAFFIC" EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SST SBR CR 951 West - Net, New 125 3 3 3 3 3 3 84 3 3 93 140 CR 951 West - Pass -by 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0 0 4.0% 4.0% 4.0% -BACK64LIN ND TRAFFIC 6R, *M .' 83 1 13 CR 951 East - Net, New 65 13 1 25 24 159 15 1 18 43 1 87 183 276 CR 951 East - Pass -by South of 1 -75 91 9 4 1 4 34 81 1 103 51 sion due to Golden Gate interchange -166 -174 TOTAL VESTED TRAFFIC 1'S 9 1 0 1 4 4 0 34 208 1 0 0 379 1 293 Years To Buildout (2009) 3 3 3 3 3 3 3 3 3 3 3 3 Yearly Growth Rate 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0 0 4.0% 4.0% 4.0% -BACK64LIN ND TRAFFIC 6R, *M .' 83 1 13 21 1 8 13 1 25 24 159 15 1 18 130 1 87 i00000 PROJECT TOAFiO : j 88• I IU' I 19• 1 78 1 123 1 211 1 2N 1 1.••4 1 139 1 1.4 1 1,5.1 1 1.107 "PROJECT TRAFFIC" LAND USE TYPE ESL EST EBR WBL WST WBR NBL MDT MDR SBL SST SBA Alligator Alley New I W 4 42 4 43 1 1 1 1 1 90 to 4 42 • 4 >f 43 1 • 1 • 1 • 1 • 1 t• "TOTAL TRAFFIC" EBL EBT EBR WBL WST WBR NOL MST NBR SBL SOT SBR 976 1 132 1 240 1 75 1 120 1 231 1 299 1 1,04 1 139 1 164 1 1.591 1.197 Agenda Item No. 8F January 23, 2007 Page 87 of 203 HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenano 1 3:1-75 NB Off -Ramp & CR 951 2030 Total Traffic Conditions -# -. Z r +- k- 4\ t r ` 1 1 Lane Configurations 438 V11 1087 F?r 1111 T111 Intersection Capacity Utilization M1 c0.33 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 1.03 4.0 0.86 4.0 4.0 4.0 41.0 4.0 25.4 Lane Util. Factor 1.00 0.97 0.61 0.88 0.97 0.86 1.4 0.86 31.4 Frt 1.2 1.00 50.5 0.85 1.00 1.00 26.5 1.00 D Fit Protected E 0.95 C 1.00 0.95 1.00 1.00 26.5 Satd. Flow (prot) A D 3433 2787 3433 6408 6408 Flt Permitted 0.95 1.00 0.95 1.00 1.00 Satd. Flow (perm) 3433 2787 3433 6408 6408 Volume (vph) 0 0 0 228 0 194 1063 2076 0 0 1822 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Adj. Flow (vph) 0 0 0 240 0 204 1119 2185 0 0 1918 0 RTOR Reduction (vph) 0 0 0 0 0 38 0 0 0 0 0 0 Lane Group Flow (vph) 0 0 0 240 0 166 1119 2185 0 0 1918 0 Turn Type custom custom Prot Protected Phases 5 2 6 Permitted Phases 8 8 Actuated Green, G (s) 13.3 13.3 36.0 94.7 52.7 Effective Green, g (s) 15.3 15.3 38.0 96.7 54.7 Actuated gIC Ratio 0.13 0.13 0.32 0.81 0.46 Clearance Time (s) 6.0 6.0 6.0 6.0 6.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 438 355 1087 5164 2921 v/s Ratio Prot Intersection Capacity Utilization 73.2% ICU Level of Service D c0.33 0.34 c0.30 v/s Ratio Penn c0.07 0.06 v/c Ratio 0.55 0.47 1.03 0.42 0.86 Uniform Delay, d1 49.1 48.6 41.0 3.4 25.4 Progression Factor 1.00 1.00 0.61 0.59 1.00 incremental Delay, d2 1.4 1.0 31.4 0.2 1.2 Delay (s) 50.5 49.5 56.3 2.2 26.5 Level of Service D D E A C Approach Delay (s) OA 50.1 20.5 26.5 Approach LOS A D C C c Critical Lane Group H. \048649006 - Alligator AlieykM 2009.sy7 Synchro 6 Report 1Gmley Horn Page 1 24.9 HCM Level of Service C HCM Average Control Delay HCM Volume to Capacity ratio 0.77 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 73.2% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H. \048649006 - Alligator AlieykM 2009.sy7 Synchro 6 Report 1Gmley Horn Page 1 Agenda Item No. 8F January 23, 2007 Page 88 f 203 HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenano 1 4:1-75 SB Off -Ram & CR 951 2030 Total Traffic Conditions --* --♦. --* r '- k 4r t r t l r Lane Configurations I Ife r M r > tM Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane UN. Factor 0.97 0.76 0.81 1.00 0.97 0.86 Fit 1.00 0.85 1.00 0.85 1.00 1.00 Flt Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (prot) 3433 3610 7544 1583 3433 6408 Fit Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (perm) 3433 3610 7544 1583 3433 6408 Volume (vph) 409 0 1102 0 0 0 0 2732 197 313 2006 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Adj. Flow (vph) 431 0 1160 0 0 0 0 2876 207 329 2112 0 RTOR Reduction (vph) 0 0 0 0 0 0 0 0 0 0 0 0 Lane_ Group Flow (vph) 431 0 1160 0 0 0 0 2876 207 329 2112 0 Turn Type custom custom Free Prot Protected Phases 4 143 1 2 3 2 Permitted Phases 4 143 Free Actuated Green, G (s) 19.0 62.9 68.1 120.0 14.9 45.1 Effective Green, g (s) 21.0 64.9 70.1 120.0 16.9 47.1 Actuated g/C Ratio 0.18 0.54 0.58 1.00 0.14 0.39 Clearance Time (s) 6.0 6.0 6,0 Vehicle Extension (s) 3.0 3.0 3.0 Lane Grp Cap (vph) 601 1952 4407 1583 483 2515 v/s Ratio Prot c0:13 c0.32 c0.38 0.10 c0.33 v/s Ratio Perm 0.13 v/c Ratio 0.72 0.59 0.65 0.13 0.68 0.84 Uniform Delay, d1 46.7 18.6 16.8 0.0 49.0 33.0 Progression Factor 1.00 1.00 0.68 1.00 1.36 0.41 Incremental Delay, d2 4.1 0.5 0.4 0.1 3.3 3.0 Delay (s) 50.8 19.1 11.8 0.1 69.9 16.6 Level of Service D B B A E B Approach Delay (s) 27.7 0.0 11.0 23.8 Approach LOS C A B C H:1048649006 - Alligator AlleylAA 2009.sy7 Synchro 6 Report Kimley Horn Page 2 Agenda Item No. 8F January 23, 2007 Page 89 of 203 HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenario 1 5: Davis Boulevard & CR 951 2030 Total Traffic Conditions --6 --p- --v 'e- ~ *A- 41 t /' �► 1 Lane Configurations +] 1• } +++ Room +++ er Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane UdI. Factor 0.94 0.95 1.00 1.00 0.95 1.00 0.97 0.91 1.00 0.97 0.91 0.88 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Said. Flow (prot) 4990 3539 1583 1770 3539 1583 3433 5085 1583 3433 5085 2787 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (perm) 4990 3539 1583 1770 3539 1583 3433 5085 1583 3433 5085 2787 Volume (vph) 976 132 240 75 129 231 299 1694 139 164 1591 1197 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Adi. Flow (vph) 1027 139 253 79 136 243 315 1783 146 173 1675 1260 RTOR Reduction (vph) 0 0 0 0 0 0 0 0 0 0 0 0 Lane Group Flow (vph) 1027 139 253 79 136 243 315 1783 146 173 1675 1260 Turn Type Prot pm +ov Prot pm+ov Prot pm+ov Prot pt+ov Protected Phases 7 4 5 3 8 1 5 2 3 1 6 67 Permitted Phases 4 8 2 Actuated Green, G (s) 27.0 28.1 40.8 8.5 9.6 21.6 12.7 47.4 55.9 12.0 46.7 79.7 Effective Green, g (s) 29.0 30.1 44.8 10.5 11.6 25.6 14.7 49.4 59.9 14.0 48.7 81.7 Actuated g/C Rata 0.24 0.25 0.37 0.09 0.10 0.21 0.12 0.41 0.50 0.12 0.41 0.68 Clearance Time (s) 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1206 888 644 155 342 338 421 2093 790 401 2064 1897 v/s Rata Prot c0.21 0.04 0.05 0.04 0.04 o0.08 0.09 c0.35 0.02 0.05 c0.33 0.45 v/s Ratio Perm 0.11 0.07 0.08 v/c Ratio 0.85 0.16 0.39 0.51 0.40 0.72 0.75 0.85 0.18 0.43 0.81 0.66 Uniform Delay, d1 43.4 35.1 27.6 52.3 50.9 43.9 50.9 32.0 16.6 49.3 31.6 11.2 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.77 0.65 0.36 Incremental Delay, d2 6.0 0.1 0.4 2.6 0.8 7.1 7.1 4.6 0.1 0.5 2.3 0.6 Delay (s) 49.4 35.1 28.0 54.9 51.7 51.0 58.0 36.6 16.7 38.4 22.9 4.6 Level of Service D D C D D D E D B D C A Approach Delay (s) 44.2 51.9 38.3 16.3 Approach LOS D D D B HCM Average Control Delay 30.9 HCM Level of Service C HCM Volume to Capacity rata 0.82 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 75.61/6 ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H:1048649006 - Alligator AIIeylAA 2009.sy7 Synchro 6 Report Kimley Hom Page 3 Agenda Item No. 8F January 23, 2007 Arterial Level of Service PM Peak Hour - SC6fflffib0,pf 203 2030 Total Traffic Conditions Arterial Level of Service: NB CR 951 1-75 NB Off -Ramp 11 45 23.9 2.3 26.2 0.23 31.6 8 Total 11 5L6 114.2 65.8 0.50 27.1 C Arterial Level of Service-. SB CR 951 1-75 SB Off -Ramp if 45 2:3.9 16.7 40.6 0,23 20.4 D Davis Boulevard 11 45 27,7 23-2 50,9 0.27 18,8 D Total H:1048649006 - Alligator AJley%AA 2009.sy7 Synchro 6 Report Kimley Hom Page 4 Agenda Item No. 8F January 23, 2007 Page 92 of 203 Lou CONTENTS I. INTRODUCTION II. . EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS VIII. CONCLUSION Agenda Item No. 8F January 23, 2007 Page 93 of 203 pffiMl 1<. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement for the proposed Alligator Alley PUD. The site is located in the northwest comer of the intersection of Davis Boulevard and Collier Boulevard within Collier County, Florida. The site location is illustrated on Figure 1. The proposed submittal for the Alligator Alley PUD would re -zone the subject site to allow for the construction of a total of 265,000 square feet of floor area. The subject site cutrently consists of two fast food restaurants in addition to a hotel use, for a total of 9,600 square feet. The Developer received a Certificate of Adequate Public Facilities when they prepaid the impact fees for a total of 130,000 square feet of retail floor area on the subject site, `Phis proposed zoning action would permit the construction of an additional 125,400 square feet of retail floor area. Access to the site will be provided via two access points to Davis Boulevard. This report examines the impact of the Alligator Alley PUD on the surrounding roadways. Trip generation and assignments to the site access drives will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. II. EXISTING CONDITIONS The subject site currently consists of two fast -food restaurants and a hotel use, The site is bordered to the west by vacant land slated for commercial, development. To the south, the site is bordered by Davis Boulevard. To the east of the subject site are existing commercial developments in addition to Collier Boulevard. 1 -75 borders the subject site to the north. Davis Boulevard (S.R. 84) is a two -lane divided roadway that borders the subject site to the south. In previous releases of the Florida Department of Transportation Work Program, the six - laning of Davis Boulevard from Collier Boulevard to west of Radio Page 1 Agenda Item No. 8F January 23, 2007 PROJECT LOCATION MAP Figure 1 ALLIGATOR ALLEY PUD Agenda Item No. 8F January 23, 2007 Page 95 of 203 Road was funded for Fiscal Year 2008. However, the most recent updates (FY 2006/07- 2010/2011) of the FDOT Tentative Work Program (to be adopted in June 2006) reflect no funding for the construction of the six - laning of this roadway link within the next five years. Therefore, this roadway improvement was not accounted for as a part of this report. The Level of Service (LOS) Standard for this roadway adjacent to the subject site is_ 1,530 vehicles. The site access intersections with Davis Boulevard are anticipated to operate under unsignalized conditions. Davis Boulevard has a posted speed limit of 50 mph and is under the jurisdiction of the Florida Department of Transportation. Collier Boulevard is a four -lane arterial roadway in the vicinity of the proposed Alligator Alley development. The 2004 Collier County Annual Update Inventory Report (AUIR) indicates funding is available for the six - laning of Collier Boulevard from I -75 to Davis Boulevard within the Fiscal Year 2005. This. roadway improvement was accounted for since it is within two years from the time of the application. The minimuin Level of Service (LOS) Standard for this roadway adjacent to the subject site is 3,690 vehicles to the south of 1 -75 and 3,270 vehicles to the south of Davis Boulevard. The intersection of Collier Boulevard and Davis Boulevard currently operates under signalized conditions. Collier Boulevard has a posted speed limit of 45 mph and is under the jurisdiction of Collier County. In order to gain a better understanding of the traffic conditions that currently exist along Davis Boulevard, Metro obtained 2005 P.M. peals hour turning movements at the intersection of Davis Boulevard /Collier Boulevard from the Collier County Transportation Planning Division. The traffic volumes obtained from the County were performed in January 2005, so no peak season adjustment was required. These turnuig movements were adjusted to 2008 background traffic conditions based on the appropriate annual growth rate indicated within the 2004 Collier County Average Daily Traffic Report. The year 2008 was selected as it is likely that the 130,000 square feet of commercial floor area proposed within Phase 1 of the Alligator Alley PUD would be completed by this time. figure 2 indicates the resultant 2008 background P.M. peak Page 3 Agenda Item No. 8F January 23, 2007 pa0p 96 of 03 N W E S N.T.S. Ir N 00 N N k 3855 I I JQ° + 3r� ♦101 42 i RADIO;, - DAVIS BLVD. ` i 881 � T r. 173 371 � O CD cli O 4 O m w O U u� 0 0 N lC7 N r a LEGEND ♦ 000 WEEK DAY PM PEAK HOUR TRAFFIC LL LL ail 200 3 FM NvuR BACKGROUND TURNING MOVEMENTS ALLIGATOR ALLEY PUD Figure 2 Agenda Item No. 8F January 23, 2007 Page 97 of 203 I I t: I noll hour, peak season turning movement volumes at Davis Boulevard's intersection with Collier Boulevard. I11. PROPOSED DEVELOPMENT The proposed re- zoning of the subject site would allow for the construction of a maximurn of 265,000. square feet of commercial floor area. Currently, approximately 9,600 square feet of commercial floor area exist on the subject site. The Developer of the Alligator Alley PUD received a Certificate of Adequate Public Facilities for up to 130,000 square feet of commercial floor area via pre - payment of the impact fees for this project, The remaining 125,400 square feet of floor area will be subject to the concurrency requirements established by Collier County in effect at the time the Site Development Plan is applied for. Since this development will function as an integrated retail center with outparcels and shared parking, the trip generation of the development was determined based on the size of the overall shopping center. However, for concurrency purposes, a separate trip generation calculation will be applied to only the 125,400 square feet of commercial space that is subject to concurrency, Table 1 summarizes the land uses utilized for trip generation purposes for the subject development. Additionally, Table 1 also reflects each phase of the proposed Alligator Alley PUD. Table 1 Alligator Alley PUD Land Uses PliaSe Lama Use Size Existing Restaurant /Hotel 9,600 square feet Phase 1 Shopping Center 130,000 square feet Phase 2 Shopping Center 125,400 square feet Total Development 265,000 square feet Page 5 Agenda Item No. 8F January 23, 2007 Page 98 of 203 i The proposed development will access Davis Boulevard via a right- in/right -out driveway known as Bedzel Drive, a directional left- in/right- in/right -out access known as Joyrose Place, and a future full access driveway to Market Street via a cross access through the future commercial development on the western property boundary. IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7`h Edition. Due to the integrated nature of the retail uses proposed on this site, the trip generation of the entire development was calculated based on Land Use Code 820 (Shopping Center). The ITE Trip Generation Report describes a shopping center as "an integrated group of co mmercial establishments that is planned, developed, awned and managed as a unit." The proposed Alligator Alley PUD will fiuiction as an integrated shopping center rather than several different stand alone retail establishments. Therefore, Land Use Code 820 (Shopping Center) is the appropriate choice for trip generation of the proposed development. Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the Alligator Alley PUD development. Trip generation calculations were performed based upon Phase 1 of the development in addition to based on the entire development planned for the site. The Phase 2 traffic is represented by the difference between the Phase 1 traffic and the overall development traffic. The trip generation . equations for Land Use Code 820 are included within the Appendix of this report for reference. Table 2 Trip Generation Page 6 Agenda Item No. 8F January 23, 2007 Page 99 of 203 The trips shown for the retail uses in Table 2 will not all be new trips to the adjacent roadway system. ITE estimates that a Shopping Center of comparable size may attract between eight (8 %) and eighty -nine (89 %) percent of its traffic from vehicles already traveling the adjoining roadway system. This traffic, called "pass -by" traffic; reduces the development's overall impact on the surrounding roadway system but does not decrease the actual driveway volumes. Based on the size of this retail development, the "pass -by" trip percentage calculation indicated within the ITE Trip Generation Handbook results in a "pass -by" trip reduction of 29.3 %. A copy of the data contained in the Trip Generation Handbook for this land use is included in the Appendix of this report for reference. For this analysis, the "pass -by" traffic was accounted for in order to determine the number of "new" trips the development will add to the surrounding roadways. Table 3 summarizes the "pass -by" percentage for each use. Table 4 summarizes the development traffic and the breakdown between the new trips the development is anticipated to generate and the "pass -by" trips the development is anticipated to attract. It should be noted that the driveway volumes are not reduced as a result of the "pass -by" reduction, only the traffic added to the surrounding streets and intersections. Table 3 "Pass -by" Trip Reduction Factor Alligator Alley PUD Pereenitage Trip Shopping Center 29,3% . (Luc 920) 7 ------- Page 7 - Pli ° °R §e 1 Lind C3se Total Phase 1 Trips Phase 1 less pass-bl traffic N ew Phase I Trips ro Total Trams Entire Site less as: by traffic Now Tri s Resultant Phase 2 New Trips Agenda Item No. 8F January 23, 2007 Page 100 of 203 Table 4 Trip Generation — New Trips . A11iizatorAlley PUD V. TRIP DISTRIBUTION The trips shown in Table 4 were then assigned to the surrounding roadway system based -° on the anticipated routes the drivers will utilize to approach the site. The project distribution for the proposed development has been agreed upon with the Collier County Transportation Staff, and the'resultant distribution is indicated in Figure 3. Based on the traffic distribution indicated within Figure 2, the Phase 1 development traffic was distributed to the site access intersections. Since the Phase 1 traffic is vested, no concurrency analysis was. performed as a result of this phase. figure 4 reflects the assignment of the Phase I trips to the site access driveways and impacted intersections. Site traffic assignments were also performed based on the ultimate buildout of the Alligator Alley PUD. Figure 5 reflects the dssigntnent of the entire Alligator Alley trips to the surrounding roadway network. It should be noted that the site traffic assignment to the project access points reflect the Total development trips. However, the trips indicated at the- Collier Boulevard/Davis Boulevard intersection reflect only the new trips generated as a part of this development. Page 8 Total`s '(2' 11Q 7S 185 355 390 745 8,055 -35 -20 -55 -105 -115 -220 -2,360 75 SS 130 250 275 525 5,695 170 110 284 570 620 1,190 12,795 -50 -30 -80 -170 -180 1 -3.50 -3,750 120 80 200 400 440 840 9,045 45 25 70 150 165 315 3,350 V. TRIP DISTRIBUTION The trips shown in Table 4 were then assigned to the surrounding roadway system based -° on the anticipated routes the drivers will utilize to approach the site. The project distribution for the proposed development has been agreed upon with the Collier County Transportation Staff, and the'resultant distribution is indicated in Figure 3. Based on the traffic distribution indicated within Figure 2, the Phase 1 development traffic was distributed to the site access intersections. Since the Phase 1 traffic is vested, no concurrency analysis was. performed as a result of this phase. figure 4 reflects the assignment of the Phase I trips to the site access driveways and impacted intersections. Site traffic assignments were also performed based on the ultimate buildout of the Alligator Alley PUD. Figure 5 reflects the dssigntnent of the entire Alligator Alley trips to the surrounding roadway network. It should be noted that the site traffic assignment to the project access points reflect the Total development trips. However, the trips indicated at the- Collier Boulevard/Davis Boulevard intersection reflect only the new trips generated as a part of this development. Page 8 RADIO ROAD ♦23 %♦ 0001106-lwa Ar z 9%y, - -, \ a a J fl m a W O U 19% 400% 199% • Agenda Item No. 8F January 23, 2007 N W E S N.T.S. �• 2% ♦ 2% DAVIS BOULEVARD M 0. PROJECT TRAFFIC DISTRIBUTION Figure 3 ALLIGATOR ALLEY PUD Agenda Item No. 8F .January 23, 2007 NESS (165) 30 LO (75) 15 LEGEND N g ♦ 000 WEEK DAY AM PEAK HOUR TRAFFIC a 4- (000) WEEKDAY PM PEAK HOUR TRAFFIC 0 PHASE 1 SITE TRAFFIC ASSIGNMENT Figure 4 ALLIGATOR ALLEY PUD M # � i �. 1 #• �• 30 150 45 240) 1 30 100) 41 1 ♦ 30 150) 35 (115) �% i .4., 30 (100) ♦ `► 140) 45 ♦ 'l 1*(140) 45 (w) - ♦ { -} r 15gLJp LO Cp x Q - a r� M N s LO W E Z) 0 m S t� w N.T.S. O U NESS (165) 30 LO (75) 15 LEGEND N g ♦ 000 WEEK DAY AM PEAK HOUR TRAFFIC a 4- (000) WEEKDAY PM PEAK HOUR TRAFFIC 0 PHASE 1 SITE TRAFFIC ASSIGNMENT Figure 4 ALLIGATOR ALLEY PUD as, 0 � a CO LO LO /+ * -(30)10,.- (190) 55 (-) . N I— U) H u.t x re Agenda Item No. 8F January 23, 2007 � e 1 E CN s r co co -4- 40 (220) Lo 1 ,°n ♦ - (10) i 45 135 1 ` 60 (215) ( -) r - ( -) 1 ♦ 15 �100� `% 1 ♦ 45 (135) 4/ + !' - i j (190) 55 (280) 50 (280) 50 ry °o J (175) 30-0 (10) - —R (15) 51 s J 0 M of W J O U � v �v 1 CIRCLE (100) 15'� LEGEND 4-000 WEEKDAY AM PEAK HOUR TRAFFIC. 4 -(000) WEEK DAY PM PEAK HOUR TRAFFIC (MM � ULTIMATE BUILD -OUT SITE TRAFFIC ASSIGNMENT Figure 5 ALLIGATOR ALLEY PUD Agenda Item No. 8F January 23, 2007 Page .104 of 203 VI. FUTURE TRAFFIC CONDITIONS In order to determine which. roadway segments surrounding the site will be significantly impacted, Table IA, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 3 % -3 % -5% Significance Test. The development traffic utilized as a part of the significance test reflects only the Phase 2 traffic indicated within Table 4 as the Phase 1 trips are already vested in the Concurrency Management System. Therefore, the Phase 2 project traffic was compared with the Capacity for Peak Hour — Peak Direction traffic conditions as defined by the most recent Collier County Concurrency Spreadsheet. A copy of the most recent Collier County Concurrency Spreadsheet is attached in the Appendix of this report for reference. Based oii the information contained within Table IA, only Davis Boulevard between Collier Boulevard and Radio Road will be significantly impacted in - accordance with the Collier County 3 % -3 % -5% Significance Test, Therefore, Concurrency link analysis was required on Davis Boulevard adjacent to the subject site. In addition to the significant impact criteria, Table 1A also includes a coneurrency analysis on the Collier County Roadway network. Davis Boulevard is shown to be 94 vehicles above capacity at this time as a two -lane roadway. The Florida Department of Transportation 2006/07- 2010/2011 Tentative Work Program does not currently indicate funding for the six - laning of Davis Boulevard along the project frontage. Due to the lack of capacity on Davis Boulevard, the proposed Alligator Alley PUD will likely require phasing. Phase 1 consists of the 130,000 square feet of retail development in which a Certificate of Adequate Public Facilities has been obtained. Phase 2 will consist of the construction of the remaining 125,400 square feet of commercial floor area proposed as a part of this submittal. The construction of Phase 2 of the Alligator Alley PL)D will likely be delayed until such time as the six - laving of Davis Boulevard can be accommodated within the coneu reney analysis pursuant to the Collier County Land Development Code regulations. Page 12 Agenda Item No. 8F January 23, 2007 Page 105 of 203 Table 1A indicates a concurrency projection for the six -lane condition of Davis Boulevard. Currently, the timing of the construction phase of the Davis Boulevard widening is not known. In order to project the concurrency on a six -lane Davis Boulevard, the existing traffic conditions were grown to 2015 conditions via the appropriate annual growth rates. The capacity for a six -lane Davis .Boulevard (3,420 vehicles) was taken from the current six -lane section of Davis Boulevard between U.S. 41 and Airport Pulling Road. The 2015 remaining capacity indicated within Table IA was calculated by subtracting the 2015 traffic volume from the six -lane Davis Boulevard capacity. The project traffic was then subtracted from the remaining trips in order to determine the remaining capacity after the six - laving of Davis Boulevard and the Alligator Alley PUD traffic is added to the surrounding roadway network. VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS Phase 1 of the proposed development is already vested due to the pre - payment of impact fees. Therefore, Phase 1 could be constructed at this time. However, there is currently insufficient capacity on Davis Boulevard for Phase 2 of the Alligator Alley PUD to receive a Certificate of Adequate Public Facilities. It should be noted that Davis Boulevard is within the East Central Transportation Concurrency Management Area (TCMA). The following excerpt indicates the'intent of a TCMA within Collier County: Rule 9J -5 of the Florida Administrative Code (FAQ authorizes the establishment of TCMAs as an alternative transportation concurrency approach promoting infill development within selected portions of urban areas and supporting more efcient mobility alternatives, such as public transit. A TCMA provides an alternative means of analyzing new development for transportation concurrency by enabling the county to establish area -wide Level of Service Standards for defined geographical zones in which alternative traffic routes and*alternative modes of travel are available. A development moratorium would not be declared for a particular road segment within a TCMA unless fewer than 85 percent of the parallel lane miles in that TCMA are achieving their adopted Levels of Service (LOS). In other words, when a roadway is within a TCMA, the concurrency is measured on a system -wide basis rather than an individual roadway basis. Based on discussions with the County Staff, the parallel lane miles within the East Central TCMA are within the 85% threshold. Therefore, since there is available capacity within the entire East Central TCMA, there is likely sufficient capacity to accommodate the proposed Alligator Alley Page 13 Agenda Item No. 8F January 23, 2007 Page 106 of 203 PUD traffic under the TCMA requirements. The development of Phase 2 of the Alligator Alley PUD is proposed to be phased in order to allow the the six- lariing of Davis Boulevard to be funded. Figure b indicates the results of the concurrency analysis on Davis Boulevard adjacent to the subject site after the future six- laning of Davis Boulevard. Intersection analysis was performed at the site access intersections and the Davis Boulevard /.Collier Boulevard intersection. These intersections were analyzed utilizing the latest version of the SYNCHRO software. The intersection analysis was performed based upon the 2008 buildout of Phase 1 of the Alligator Alley PUD as this phase is likely to be constructed prior to the widening of Davis Boulevard. Figure 7 indicates the 2008 buildout turning movements at the surrounding intersections. After Davis Boulevard is widened, the traffic conditions and access management could vary from the access plumed for Phase 1. As part of the Site Development Permit for the Davis -- Crossings development on the south side of Davis Boulevard, an Access Management Plan was agreed upon by the Florida Department of Transportation for access to the Davis Crossings PUD as well as the Alligator Alley PUD. Attached in the Appendix of this report are the resultant SYNCHRD data sheets. In order to illustrate the results of the intersection Level of Service analyses, Table 5 was created. The Level of Service of each intersection or intersection approach at the area intersections are shown in Table 5. Table 7 Alligator Alley PUD Based on the intersection analysis results indicated within Table 5, there are Level of Service deficiencies at the Davis Boulevard /Collier Boulevard intersection even without the Alligator Alley Phase 1 traffic, The Level of Service deficiencies will not be caused Page 14 677 f?ROJCT {660} RADIO ROAD a 677 (650) -j [577] 0 M ty- J 0 0 LEGEND Agenda Item No. 8F January.23, 2007 DAVIS BOULEVARD 000 2015 PROJECTED REMAINING CAPACITY (000) REMAINING CAPACITY W/ AM PROJECT TRAFFIC [000] REMAINING CAPACITY W! PM PROJECTTRAFFIC * BASED ON A 6 -LANE DAVIS BOULEVARD 2015 REMAINING CAPACITY ON affm ) Q SIGNIFICANTLY IMPACTED ROADWAYS ALLIGATOR ALLEY PUD i Figure 6 Agenda Item No. 8F 0 20148 PHASE 9 BUILD -OUT TURNING MOVEMENTS Figure 7 ALLIGATOR ALLEY PUD Agenda Item No. 8F January 23, 2007 Page 109 of 203 as a result of the added development traffic, but this intersection will likely not operate acceptably until Davis Boulevard is six - land, As for the site access intersections, all Level of Service deficiencies are shown on the site access driveways, Thus, Davis Boulevard will not be adversely impacted as a result of the addition of Phase I traffic at these intersections. All Level of Service deficiencies will be. experienced within the project site, and no impact will be experienced on Davis Boulevard as a result. It should be noted that the site access intersections to Davis Boulevard will operate acceptably after the six - laning of Davis Boulevard is completed. The Market Street intersection will likely operate under signalized conditions upon the six - laning of Davis Boulevard. However, the access management on Davis Boulevard will be determined prior to the future six - laning of this roadway. Turn lanes will be required as a result of the proposed Alligator Alley PUD development. The turn lanes have already been negotiated at Joyrose Place and Bedzel Drive as a part of the Market Street connection to Davis Boulevard. Therefore, no turn lane improvements will be required as a result of the Phase 1 traffic associated with the Alligator Alley PUD. VIII. CONCLUSION The proposed Alligator Alley PUD commercial development located in the northwest corner o.f Davis Boulevard's intersection with Collier Boulevard within Collier County, Florida will require phasing in order to meet Collier County coneurrency requirements. A Certificate of Adequate Public Facilities has been obtained for 130;000 square feet of commercial development for the first phase within the Alligator Alley PUD. Phase 2 of the Alligator Alley PUD will be subject to the Collier County concurrency management guidelines upon submitting for development permits. Sufficient capacity is not anticipated to be available on Davis Boulevard until such time as the six- laving of this roadway can be included within this analysis pursuant to Collier County Land Development Code guidelines. Page 17 Agenda Item No. 8F January 23, 2007 Page 110 of 203 O �_ J Based on the analysis contained within this report, 'the segment of Davis Boulevard adjacent to the frontage of the site will remain concurrent after the six - laning of Davis Boulevard from Collier Boulevard`to west of Radio Road. Currently, funding for this improvement is not indicated' within the 2006107 - 2010/2011 Florida Department of Transportation Draft Tentative Work Program, Therefore, as a part of this analysis, the six - laning of Davis Boulevard was not assumed complete until the year 2015. At such time, sufficient capacity will be available to accommodate the haffic generated by the entire Alligator Alley PUD. Intersection analysis was performed as a result of this analysis based on the traffic generated. by Phase 1 of the Alligator Alley PUD, No intersection analysis was performed as a result of Phase 2 at this time because the intersection improvements to Davis Boulevard as a result of the widening of this roadway are not known at this time. However, intersection analysis at these locations will be required upon submittal for an SDP for Phase 2 of the Alligator Alley PUD: Based on the results of the Phase 1 intersection analysis, no Level of Service deficiencies are created on Davis Boulevard as a result of the added Alligator Alley PUD Phase 1 traffic. All Level of Service deficiencies are either pre- existing conditions or will be confined completely within the subject site, thus not impacting the through traffic on Davis Boulevard. Turn lanes are 'required as a result of the proposed Alligator Alley PUD development. The turn lane improvements have been negotiated with FDOT and Collier County as a result of the Market Street connection to Davis Boulevard. These turn lane improvements will be constructed as a part of the Davis Crossings development on the south side of Davis Boulevard. Davis Crossings is currently in the SDP approval process. ML\2004W4U 2lreport.doo Page t8 I- 75 /ALLIGATOR-ALLEY COMMERCIAL PUD COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT August 2004 Revised April 2005 Revised July 2005 Revised October 13, 2005 Prepared For: Benderson Development Company 8441 Cooper Creek Boulevard University. Park, Florida 34201 (941) 359 -9482 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274 -0067 Agenda Item No. 8F January 23, 2007 Page 111 of 203 Project No. OOBDC525 i I 1 i i i F i I s i TABLE OF CONTENTS Agenda Item No. 8F January 23, 2007 Page 112 of 203 Page Introduction...................................................................................................... ..............................1 3.8.5.1 Applicant Information ................................................................. ..............................1 3.8.5.2 Mapping and Support Graphics .................................................. ..............................1 3.8.5.3 Project Description and GMP Consistency Determination ......... ..............................4 3.8.5.4 Native Vegetation Preservation .................................................. ..............................8 3.8.5.5 Wetlands ......... ............................... .......................................... .............................10 3.8.5.6. Surface and Groundwater Management ...................................... ................ ..............13 3.8.5.7 Listed Species .............................................................................. .............................14 3.8.5.8 Other .......................................................................................... .............................17 References........................................................................................................ ............... ...:...........19 t 4 i s i Agenda Item No. 8F January 23, 2007 Page 113 of 203 LIST OF FIGURES Page Figure1, Project Location Map ............................................................... ..........:...................2 ii Agenda Item No. 8F .,January 23, 2007 Page 114 of 203 LIST OF TABLES Page Table 1. Habitat/FLUCFCS Types and Acreages ................................................................ 3 Table 2. SFWMD/Collier County Wetlands and "Other Surface Waters" .........................11 Table 3. Wetland and "Other Surface Waters" Impact Summary .................. .....................12 Table 4. Listed Wildlife that Could Potentially Occur ......................... .............................14 Table 5. Listed Plant Species that Could Potentially Occur .................. .............................17 iii i i Agenda Item No. 8F January 23, 2007 Page 115 of 203 LIST OF EXHIBITS P_ age ExhibitA. Resumes;—, ............................. .................................................................... A -1 Exhibit B. Aerial Photograph with FLUCFCS Overlay ............................ ............................B -1 Exhibit C. FLUCFCS and Wetland Map ............. ............................... ............................0 -1 Exhibit D l . Proposed Paving, Grading, and Drainage Plan .................... ............................... D -1 Exhibit D2. Existing Site Drainage Plan with Topographic Elevations .. ............................... D -2 ExhibitE. Soils Map .................................................. ............................... ............................E -1 Exhibit F. Conceptual P.U.D. Master Plan and Proposed Site Development Plan ............... F -1 Exhibit G. Site Plan with Off -Site Preserves ......................................... ............................... G -1 Exhibit H. Project Location with Land Use Designations ..................... ............................... H -1 Exhibit 1. SFWMD Surface Water Management Permit ......................... ............................1 -1 Exhibit J. Native Vegetation Map ......................................................... ............................... J -1 ExhibitK. Preserve Map ....................................................................... .............I.................. K -1 Exhibit L. Wetland Impact Map ............... . ........................................................ ..................... L -1 Exhibit M. Listed Species Survey , ............................................................ ........:...................M -1 iv \ + � \ ` � i ! � ! , � ---| �\ \ Agenda Item No 8F January 23, 2007 Page 116 of 203 List ~�� Paou ~�=~_ .~.-.^-.....'^....,....}�'� Exhibit N. Water Quality Analysis Report .^'~,...~..��[ Exhib�[). {lcuurrcocaofP\�<�(�L��e4 ..~..~_...~.....^.^...,,..^.~ .��\ Exhibit P. F{oz�� ofState .^.~~..-...~.....~.^'^^....^^^. v Agenda Item No. 8F January 23, 2007 Page 117 of 203 INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for the Alligator Alley PUD, This EIS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code (October 30, 1991, as amended February 11, 2004). 3.8.5.1 APPLICANT INFORMATION A. Responsible person who wrote the EIS and his /her education and job related environmental experience. Kenneth Passarella and Harry Spotts, Passarella and Associates, Inc. Consulting Ecologists. A copy of their resumes is enclosed as Exhibit A. B. . Owner(s) agents) name, address, phone number & e -mail address. Benderson Development Group 8441 Cooper Creek Boulevard University Park, Florida 34201 Phone: (941) 359 -9482 Email: davegustafsg.n@benderson.com 3.8.5.2 MAPPING AND SUPPORT GRAPHICS A. General location map. A project location map is provided as Figure I 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 onto adjoining properties. Habitat identification consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification S sy to n shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the count. 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 legend for each of the FL UCFCS categories found on -site shall be included on the aerial. The vegetation associations and land uses were mapped utilizing the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 1999). Level IV was used to denote exotic infestations, anthropogenic disturbances, and hydrological conditions. An aerial photograph with FLUCFCS mapping is r COLLIER COUNTY RD M J m I -74 FIGURE i. PROJECT LOCATION MAP 1--75 ALLIGATOR ALLEY C.P.U.D. �x Agenda Item No. 8F January 23. 2007 Paae 118 of 203 s 'TION L 26 E P R' N pASSARELLA and ,ASSOCIAT ---. -INC, Consulting Ecologists DRAWN BY: D.B. DATE: 7/22/04 2 Agenda Item No. 8F January 23, 2007 Page 119 of 203 enclosed as Exhibit B. A FLUCFCS and wetlands map of the property is provided as Exhibit C, and an acreage breakdown of the habitat types is provided in Table 1. Table 1. Habitat /FLUCF+`CS Types and Acreages C. Topographic map and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. A proposed paving, grading, and drainage plan is included as Exhibit Dl. Topographic I elevations are_ included on the Existing Drainage Plan shown as Exhibit D2. D. Soils map at scale consistent with that used for Florida Department of Transportation - ' Florida Land Use Cover and Forms Classification System determinations, According to the Collier County Soils Map, only one soil type, Pineda Fine Sand (Soil Map Unit 14) was found on the property (Exhibit E). E. Pro p osed drainage plan indicating basic ow patterns, out f all and off-site drainage, Please we the Conceptual F.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. 3 I&x } 'fir( `r ��x 140 Commercial and Services 4.65 11,4 411 Pine Flatwoods 0.75 1.8 422 Brazilian Pepper 0.12 0.3 514 Ditch 0.21 0.5 740 Disturbed Land 17.48 42.9 747 Berm 2.49 6.1 814 Road 2.39 5.9 920 Wetland Mitigation Area, Forested 7.58 18.6 921 Wetland Mitigation Area, Herbaceous 5.12 12.5 Total 40.79 104.0 C. Topographic map and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. A proposed paving, grading, and drainage plan is included as Exhibit Dl. Topographic I elevations are_ included on the Existing Drainage Plan shown as Exhibit D2. D. Soils map at scale consistent with that used for Florida Department of Transportation - ' Florida Land Use Cover and Forms Classification System determinations, According to the Collier County Soils Map, only one soil type, Pineda Fine Sand (Soil Map Unit 14) was found on the property (Exhibit E). E. Pro p osed drainage plan indicating basic ow patterns, out f all and off-site drainage, Please we the Conceptual F.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. 3 Agenda Item No. 8F January 23, 2007 Page 120 of 203 G. Site plan showing preserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan.locations ofproposed 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 are majorflow ways and potential wildlife corridors. Please see the Site Plan and Preserve Areas Map enclosed as Exhibit G. H. For properties in the RLSA and RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Please see the Project Location with Land Use Designations Map enclosed as Exhibit H. The project lies within the Mixed Use Activity Center Subdistrict and the interchange Activity Center Subdistrict. The project does not lie within the RLSA or RFMU Districts. 3.5.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION i A. Provide an overall description of the project with respect to environmental and water management issues. The Alligator Alley PUD is 40.79± acres and is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida (Figure 1). The project site is located at the southwest interchange of I -75 and State Road 951. Areas surrounding the property include undeveloped forested land to the west, the I -75 interchange to the north, State Road 951 to the east, and Davis Boulevard to the south. A 1" = 200' scale aerial of the project site is attached as Exhibit B. The subject property is also located in Interstate Activity Center No. 9 according to the Future Land Use Element, which makes it eligible for commercial uses. The project is a modification to an existing PUD known as the 1 -75 /Alligator Alley PUD (Ordinance No. 89- 82). Some commercial uses presently exist and include an existing motel that was approved for 107 motel units along with a manager's apartment, an existing Taco Bell, and an existing McDonalds along the Davis Boulevard road frontage. The parcel consists of a combination of access roads, developed commercial areas, fill pads, surface water management systems, and a wetland mitigation area. The main entrance road is an access loop road that surrounds disturbed filled areas. Also; a berm exists around the wetland mitigation area. Access to the subject property is provided from two access points that currently exist, and one is proposed to be relocated approximately 50 feet to the east. The easterly most access allows only for right - in/right -out, and the westerly entrance allows for left- in/left -out and right- in/right -out. Access is also proposed to be shared with the East Gateway PUD, avacant 4 Agenda Item No. 8F January 23, 2007 Page 121 of 203 commercial /industrial development located to the west of the subject property with a signalized intersection at a future date. Florida Department of Environmental Regulation (FDER) Permit No. 111558019 was issued for the property on May 26, 1989. The FDER permit identified 28.80 acres of wetlands on the property. The FDER permit authorized impacts to 17.75 acres of jurisdictional wetlands. The FDER mitigation plan required the creation of 1.65 acres. of wetlands from upland, enhancement of 11.05 acres of wetlands, and the preservation of 0.75 acres of uplands. The total conservation area for the FDER permit was 13.45 acres. U.S. Army Corps of Engineers (Corps) Permit No.88IPP -21061 was issued for the property on July 24,1989. The Corps permit identified 28.00 acres of jurisdictional wetlands on the property. The Corps permit authorized impacts to 18.50 acres of jurisdictional wetlands.. The Corps mitigation plan required the creation of 3.15 acres of wetlands from uplands and the enhancement of 10.3 0 acres of wetlands. The total Corps conservation area was 13.45 acres. In addition, a 2.31 acre 20 foot maintenance. easement was required to suiTound the wetland preserve. As proposed, the maintenance easement was required to be planted with upland tree species. South Florida Water. Management District (SFWMD) PermitNo. 11- 00556 -S (Exhibit I) was issued for the property on June 15, 1989. The SFWMD permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00 acres of deep marsh surrounded by 9.70 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. The total SFWMD conservation area was 13.45 acres. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetland area. Since issuance of the above referenced permits, the project site was cleared and filled. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acres of Pine Flatwoods (FLUCFCS Code 411) (Exhibit J). The wetland mitigation areas have been unsuccessful (Exhibit K). The Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead pine (Pines elliottii), cypress (Taxodium distichunr), rnelaleuca (Melalueca quinquenervia), and torpedo grass (Panicum repens). The Wetland Mitigation Area, Herbaceous (FLUCFCS Code 9211), is dominated by torpedo grass and cattails (Typha sp.). The level of exotics found within the wetlands range from 25 to 80 percent melaleuca seedlings and torpedo grass. During the initial stages of planting, the organic top layer of soil was removed. This is an attributing factor to the failure of the wetland plantings. Also, human disturbance by the use of all terrain vehicles during the dry season has also contributed to the degradation of the wetland mitigation areas. The construction of the project will result in wetland impacts to 7.28± acres of the current on -site mitigation wetlands and 0.161 acre of "Other Surface Waters." As discussed, these Agenda Item No. 8F January 23, 2007 Page 122 of 203 wetland impacts are to an unsuccessful wetland mitigation area. A Wetland Impact Map is shown as Exhibit L. The current site plan will preserve an area that will consist of planted native vegetation in the northern portion of the project. This area will also serve as a stormwater treatment area, The previously, permitted wetland impacts (that were originally mitigated on -site) will be mitigated off-site by purchasing credits at a wetland mitigation bank. A Wetland Rapid Assessment Procedure (WRAP) analysis will be conducted during the SFWMD review process, and the appropriate mitigation credits will be purchased from a wetland mitigation bank. The project will pretreat stormwater in a dry detention area on the west side of the property. From there the stormwater will be directed into the wetland preserve areas to provide storage. The wetland preserves on the northern portion of the project will receive the pretreated water to maintain hydrology and provide additional storage. The water would then be discharged off-site through a spreader swale. This process should maintain the enhanced wetlands at the front of the site and reduce the need for on -site fill. The current site plan for the project preserves 6.12± acres (15 percent) of the property. The preserves include 5,42-A-- acres of wetlands and 0.70± acre of uplands. In addition, 0.05± acre of "Other Surface Waters" will. be preserved. Wetland and upland enhancement will include the removal of exotic and nuisance vegetation and supplemental planting. I In addition to avoiding and minimizing wetland impacts, the project was designed to avoid secondary impacts to the preserved wetlands. Design criteria to minimize secondary impacts include the establishment of structural buffers. 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. Objective 2.2 of the Conservation and Coastal Management Plan states, "All canals, rivers, and flow -ways discharging into estuaries shall meet all applicable federal, state, or local water quality- standards." To accomplish that; Policy 2.2.2 states "In order to limif the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing dry retention/detention and interconnected wetlands to provide water quality retention and peak flow attenuation during storrn events. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element, for the following reasons. 9 Agenda Item No. 8F January 23, 2007 Page 123 of 203 i • The required 15 percent of the previously existing native vegetation will be recreated on -site and set aside as preserve areas with conservation easements prohibiting further development. Selection of preservation areas is consistent with the criteria listed in Policy 6.1.1, • 14abitat management and exotic vegetation removal /maintenance plans will be required at the time of site development plan/construction plan submittal. Preserve areas shall' be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. • Littoral shelf planting areas within wet detention ponds shall be required at the time of site development plan/construction plan submittal and will be required to meet the minimum planting area requirement in Policy 6.1.7. • The requirement for an EIS pursuant to Policy 6.1.8 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 designation 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. All areas of the project that are in the conservation designation area will remain as preserve areas and will be placed under a conservation easement to the state. • In accordance with Policy 6.2,6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. • In accordance with Policy 7.1.2, a listed species survey was conducted on the property, and no listed species were identified on the subject property (Exhibit M). • In accordance with Policy 11.1.2, correspondence was obtained from the Florida Department of the State regarding possible archaeological or historical sites within the project area during the SFWMD permit review process far SFWMD Permit No. 11-00556-S (Exhibit I). No archaeological or historical sites are known to be present within the project area. 7 Agenda Item No. 8F January 23, 2007 Page.124 of 203 3.8.5.4. NATIVE VEGETATION 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). A description of each FLUCFCS type with the acreage of this habitat type found on the project site is as follows; Commercial and Services {FLUCFCS Code 140) This upland land use consists of existing commercial development and.impervious surfaces. This area is located in the southwest portion of the parcel and totals 4.65± acres or 11.4 percent of the site. Pine Flatwoods (FLUCFCS Code 411). This upland habitat is found in one area in the northern portion of the parcel, which totals 0.75± acre or 1.8 percent of the site, respectively. The canopy contains slash pine (Pinus elliottii) and melaleuca. The sub - canopy consists of wax - myrtle (Myrica cerifera), cabbage palm (Sabal palmetto), and Brazilian pepper (Schinus terebinthifolius). The ground cover is dominated by saw palmetto (Serenoa repens). Brazilian Pepper {FLUCFCS Code 422) This upland habitat is located in the southeastern portion of the site and occupies 0.12± acre or 0.3 percent of the site. .'The canopy and sub- canopy strata are dominated by Brazilian pepper. The ground cover contains caesar -weed (Urena lobata) and sperrnaeoce (Spermacoce verticiIlata).. Ditch {FLUCFCS Cade 514) Numerous ditches are located around the perimeter of the roads and existing development areas. They total 0.21± acre or 0.5 percent of the site. They are typically bordered by exotics such as melaleuca and Brazilian pepper. The ground cover in some areas is absent; while in others it can include cattail, duck potato (Sagitteria lancifolia), and pickerelweed (Pontederia cordata). Disturbed Land (FLUCFCS Code 740) This upland habitat is considered disturbed and consist of previously cleared and filled land, which totals 17.48± acres or 42.9 percent of the site, The canopy and sub - canopy consist of scattered slash pine, Brazilian pepper, earleaf acacia (Acacia auriculiformis), and melaleuca. The ground cover includes finger grass (Eustachys sp.), Florida tickseed (Coreopsis floridana), wire grass (Aristida stricta), and poison ivy (Toxicodendron radicans). Agenda Item No. 8F January 23, 2007 Page 125 of 203 Berm (FLUCFCS Code 747) This upland land use is located around the northern and middle portions of-the parcel, which totals 2.49± acres or 6.1 percent of the site, The canopy is dominated by slash pine and laurel oak (Quercus laurifolia) with buckthorn (Sageretia minut flora), myrtle oak (Quercus myrtifolia), and Brazilian pepper scattered in the sub - canopy. The ground cover includes saw palmetto, beauty -bush (Callicarpa americana), smooth cordgrass (Spartina bakeri), and grapevine (Vitis rotundifolia). Roadway (FLUCFCS Code 814) This upland habitat totals 2.39± acres or 5.9 percent of the site and consists of impervious areas. Wetland Mitigation Area Forested (FLUCFCS Code 920) This habitat is a wetland creation area located in the northern portion of the project, which totals 7.58± acres or 18,6 percent of the site. The vegetation in these areas consists of a vacant canopy. The mid- canopy consists of dead and sparsely scattered live cypress (Taxodium distichum), slash pine, and melaleuca. The ground cover is dominated by torpedo grass and melaleuca seedlings. Wetland Mitigation Area Herbaceous (FLUCFCS Code 921) This habitat is a.wetland creation area that totals 5,12± acres or 12.6 percent of the site. The canopy and sub- canopy is vacant. The ground cover is dominated by torpedo grass with scattered cattails. B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal d 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 property lies within the urban designation of the Collier County Future Land Use Map. According to the vegetation preservation and retention standards for commercial and industrial development for an area of greater than 5.0± acres, a minimum of 15 percent of the native vegetation areas located on the subject property will be recreated. It is estimated that the entire site originally supported native vegetation. The undeveloped portions of the site are currently failed mitigation and 0.75± acre of Pine Flatwoods (FLUCFCS Code 411). The native vegetation calculation is based on the entire site acreage, A Native Vegetation Map is provided as Exhibit J, The proposed project design has incorporated 5.42± acres of mitigation wetlands and 0.70± acre of the existing pine flatwoods as preserve within the development plan. At post - development, these wetlands and uplands will be enhanced by the removal of exotics. The preserved and enhanced wetlands and uplands will be placed under a conservation easement. Agenda Item No. 8F January 23, 2007 Page 126 of 203 This preserve will meet the native vegetation requirement for this property. A Preserve Map for the project is provided as Exhibit K. C. For sites already .cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 2S 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. A Collier County PUD named 1 -75 /Alligator Alley PUD (Ordinance No. 89 -82) was issued for the - project. There is an area designated for preservation on the northern portion of the property. This preserve area, as previously discussed, was an unsuccessful attempt at mitigation for the previously approved 951 Commerce Proj ect. Due to the lack of success of M' this mitigation area, the SFWMD has agreed that the off -site purchase of mitigation credits from the Patither Island Mitigation Bank would offset impacts on the project site. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. There are no areas with Special Treatment overlays located within the subject property. 3.8.5.5 WETLANDS A, Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy I 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. FDER Permit No. 111558019 was issued for the property on May 26, 1989. The FDER ' permit identified 28.80 acres of wetlands on the property, The FDER permit authorized impacts to 17.75 acres of jurisdictional wetlands. The FDER mitigation plan required the 10 Agenda Item No. 8F January 23, 2007 Page 127 of 203 "4 creation of 1.65 acres of wetlands from upland, enhancement of 11.05 acres of wetlands, and the preservation of 0.75 acres of uplands. Corps Permit No. 881PP -21061 was issued for the property on July 24, 1989. The Corps permit identified 28.00 acres of jurisdiction wetlands on the property. The Corps permit authorized impacts to 18.50 acres of jurisdictional wetlands. The Corps mitigation plan required the creation of 3.15 acres of wetlands from uplands and the enhancement of 10.30 acres of wetlands. In addition, a 2.31 acre 20 foot maintenance easement was required to surround the wetland preserve. As proposed, the maintenance easement was required to be planted with upland tree species. SFWMD Permit No. 11- 00556 -S was issued for the property on June 15, 1989. The SFWMD permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.0 acres of deep marsh surrounded by 9.7 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area, In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wet1tind area. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acres of Pine Flatwoods (FLUCFCS Code 411). There are 12.70+ acres of SFWMD /Collier County jurisdictional wetlands and 0.21± acre of SFWMD /Collier County "Other Surface Waters" currently on the property (Exhibit C). The wetlands are composed of two FLUCFCS types: Wetland Mitigation Area, Forested (FLUCFCS Code 920) and Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921).. Table 2 provides a breakdown of the wetland acreage for the site, and a description of each wetland FLUCFCS type follows. Table 2. SFWMD /Collier County Wetlands and "Other Surface Wafers" �� i �f i r -`rf.. �ia',y:lY Y•''�i�_1 � � �. t -y�}p r Nt�t 41��`�fj. �� A" r I \;kl 514 Ditch 0.21 920 Wetland Mitigation Area Forested 7.58 921 Wetland Mitigation Area Herbaceous 5.12 TOTAL 12.91 Ditch (FLUCFCS Code 514) Numerous ditches are located around the perimeter of the roads and existing development areas. They total 0.21+ acre or 0.5 percent of the site. They are typically bordered by exotics such as melaleuca and Brazilian pepper. The ground cover in some areas is absent; while in others it can include cattail, duck potato, and pickerelweed. 11 Agenda Item No. 8F .January 23, 2007 Page 128 of 203 Wetland Mitigation Area Forested (F1 Code 920) This habitat is a wetland creation area located in the northern portion of the project, which totals T58f acres or 18.6 percent of the site. The vegetation in these areas consists of a vacant canopy. The mid- canopy consists of dead and sparsely scattered live cypress, slash pine, and melaleuca. The ground cover is dominated by torpedo grass and melaleuca seedlings. Wetland Mitigation Area Herbaceous {FLUCFCS Code 921) This habitat is.a wetland creation area that totals 5.12J" acres or 12.6 percent of the project 4 site. The canopy and sub - canopy is vacant. The ground cover is dominated by torpedo grass with scattered cattails. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators, Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. The water control elevation for this project has been set at 9.5 feet NGVD based on the 1 previously permitted control elevation (SFWMD Permit No. 11- OOSS6 -S) (Exhibit 1). The minimum edge of pavement and perimeter berm elevation has been set at 12.0 feet NGVD. C. Indicate the proposed percent of def ned wetlands to be impacted and the effects ofproposed impacts 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 hoar impacts to wetlands have been minimized. The project development will result in impacts to 7.28± acres of SFWMD /Collier County jurisdictional wetlands and 0.16± acre of SFWMD /Collier County "Other Surface Waters" (Table 3). The proposed wetland impacts are shown on Exhibit L. Table 3. Wetland and "Other Surface Waters" Impact Summary Following project development, the proposed function of the preserved wetlands should increase. There will be enhancement of the preserved wetlands and uplands by the removal 12 Agenda Item No. 8F January 23, 2007 Page 129 of 203 of exotics and the implementation of a stormwater management system, which will allow the wetland areas to receive adequate hydrology. 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 RFMUDistrict, provide an assessment, based on the South Florida Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or 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. Since the wetland impacts for the project are proposed to be mitigated off -site at a wetland mitigation bank, -the wetland will be assessed using SFWMD's WRAP analysis. It is estimated that 17.28 forested and herbaceous wetland mitigation credits will need to be purchased from a wetland mitigation bank. 3.8.5.6 SURFACE AND GROUNDWATER 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 orpassed 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 project's water management system is designed to pretreat stormwater in a dry detention area on the west side.of the property. From there, the storimwater will be directed into the wetland preserve areas to provide storage. The wetland preserves on the northern portion of the project will receive the pretreated water to maintain hydrology and provide additional storage. The water would then be discharged off -site through a spreader swale. This process should maintain the enhanced wetlands at the front of the site and reduce the need far on -site fill. A Proposed Paving, Grading, and Drainage Plan is shown as Exhibit D 1. 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 (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. A water quality analysis using methodologies approved by federal and state water quality agencies has been conducted as part of the SFWMD and Corps permit modification review process. A copy of this assessment is provided as Exhibit N. 13 Agenda Item No. 8F January 23, 2007 Page 130 of 203 C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM --ST) within the project area and provide an analysisfor how the project design avoids the most intensive land uses within the most'sensitive WRM -STs, No Wellfield Risk Management Zones exist 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 U.S 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. A listed plant and wildlife species survey was conducted by Passarella and Associates, Inc. on June 29, 2004. The survey methodology and results are provided as Exhibit M. No listed species were identified on the property during the listed species survey or during any other site visits. B. Ident6 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. The proximity of listed species to the project site as recorded by the Florida Fish and Wildlife Conservation Commission (FWCC) is provided as Exhibit 0. Listed wildlife species that were not observed, but that have the potential to occur on the project site are listed in Table 4. Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992), Volume III; Amphibians and Reptiles (Molex 1992); Volume V. Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. Table 4. Listed Wildlife that Could Potentially Occur 'r��. `° 1 + �'; 7 , `t.,i ys�. uid k , ,� jDegi Il�t4'•� i�ta�1l Tr� �� tk7�a,1t,�. yriyS�i�nhFc Nanie Commpn IVatne yy� e ' Sri {d� �0� ��, �'i;.:s , '•' �'. `., 4::, �'.. .. .r. s 7_ ti raj � �, f ar:!�i? ..� F LP.. Ast •^ v. l � <� . , :.S . �. Aln 1111J1R11$ aI (t a ;1e9 Rana ca ito Gopher F os SSC - 411 Dr marchon corais coy eri Easter Indigo Snake T T 411 Go herus pof y2hemus Go her Tortoise SSC 411 E retta thula Snowy Egret SSC - 514/920/921 Endocumfs albus White Ibis SSC - 514/920/921 14 Agenda Item No. 8F January 23, 2007 Page 131 of 203 Table 4. (Continued) FWCC — Florida Fish and Wildlife Conservation Commission USFWS — U.S. Fish and Wildlife Service SSC — Species of Special Concern T — Threatened 1: — Endangered T (S /A) — Threatened due to similarity of appearance Gopher Frog (Rana areolata) The gopher frog could potentially occur within upland Pine.Flatwoods (FL.UCFCS Code 411) habitats on the project site and is typically only found in association with populations of gopher tortoise. No gopher tortoise burrows were found on -site. Eastern Indio Snake (Dryinarchon corals couperi) The Eastern indigo snake could potentially occur within the native upland and wetland habitats on the project site. The Eastern indigo snake is far ranging and may utilize activity areas of 125± to 250=L acres or more (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise. No gopher tortoise burrows were observed on the project site, Gopher Tortoise (Gopherus polMhemus) Potential gopher tortoise habitat exists in the Pine Flatwoods (FLUCFCS Code 411) habitat on the project site. The habitat exists in the central portion of the property, although no gopher tortoise or their burrows were observed on -site. Snowy Egret (Egretta thula) White Ibis (Eudocimus albus) Roseate Spoonbill (Aiaia aiaia), Limbkin (Aramus Ruarauna), and Wood Stork (Mycteria americana) Potential foraging habitat (fresh and saltwater wetlands) for the little blue heron, roseate spoonbill, limpkin, and wood stork occurs on -site. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 199 1) list no bird rookeries on the subject parcel. The 15 the On., a ,ntl tt 1 c; "�t' =`3 3 t,.," Ajaia a'a'a Roseate Spoonbill SSC - 514/920/921 Aramus guarauna Lirn kits SSC - 514/920/921 M cteria americana Wood Stork E E 514/920/921 Southeastern American Falco sparverius paulus 1, _ 411 Kestrel Halioeetus leucoce halus Bald Eagle I T T 411 Red - cockaded Picoides borealis T g 411 Woodpecker �. .0 ". i 3. •2''4Y a i3q �... c,. i r 'sl r. �. -. r +f'Y r Big Cypress Fox T 411 Sclurus niger avicennia _ Squirrel Felis concolor coqi Florida Panther E E 411/920 FWCC — Florida Fish and Wildlife Conservation Commission USFWS — U.S. Fish and Wildlife Service SSC — Species of Special Concern T — Threatened 1: — Endangered T (S /A) — Threatened due to similarity of appearance Gopher Frog (Rana areolata) The gopher frog could potentially occur within upland Pine.Flatwoods (FL.UCFCS Code 411) habitats on the project site and is typically only found in association with populations of gopher tortoise. No gopher tortoise burrows were found on -site. Eastern Indio Snake (Dryinarchon corals couperi) The Eastern indigo snake could potentially occur within the native upland and wetland habitats on the project site. The Eastern indigo snake is far ranging and may utilize activity areas of 125± to 250=L acres or more (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise. No gopher tortoise burrows were observed on the project site, Gopher Tortoise (Gopherus polMhemus) Potential gopher tortoise habitat exists in the Pine Flatwoods (FLUCFCS Code 411) habitat on the project site. The habitat exists in the central portion of the property, although no gopher tortoise or their burrows were observed on -site. Snowy Egret (Egretta thula) White Ibis (Eudocimus albus) Roseate Spoonbill (Aiaia aiaia), Limbkin (Aramus Ruarauna), and Wood Stork (Mycteria americana) Potential foraging habitat (fresh and saltwater wetlands) for the little blue heron, roseate spoonbill, limpkin, and wood stork occurs on -site. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 199 1) list no bird rookeries on the subject parcel. The 15 Agenda Item No. 8F January 23, 2007 Page 132 of 203 nearest recorded bird rookery site is No. 620022 located along the east side of S.R. 951 in Rookery Bay over ten miles away in Section 9, Township 52 South, Range 26 East. This colony was last reported occupied by brown pelicans in 1989. The next closest rookery site is No. 619160 located in Fakahatchee Strand over 17 miles away in Section 5, Township 49 South, Range 29 East. This colony was last reported occupied by non- listed species in 1989. 4 . Southeastern American Kestrel (Falco sparverius Paulus) Potential habitat for Southeastern American kestrel may exist within the pine habitats on the project site (FLUCFCS Codes 411); however, the project site is at the southernmost extreme of the known range for this subspecies, Since 1980, observations of Southeastern. American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers et al. 1996). . Bald Eagle Haliaeetus leucoce halus Potential nesting habitat for bald eagle may exist within the Pine Flatwoods (FLUCFCS Code 411) habitat on the project site. A review of FWCC documented nest sites for eagle nest locations within the county shows a bald eagle nest approximately 2.9 miles from the project site. Red- Cockaded Woodpecker Wicoldes borealis) Potential foraging habitat for red - cockaded woodpecker may exist within the pine habitats (FLUCFCS Code 411) on the project site. However, the trees located on the project are small planted trees, most of which are dead. A review of FWCC documented nest sites for known red- cockaded woodpecker colonies within the county shows the closest known red - cockaded woodpecker colonies documented approximately one quarter mile from the project site. Big Cypress Fox Squirrel (S'ciurus niter avicennia) . Potential Big Cypress fox squirrel habitat exists within the upland pine and forested wetland habitats. Upland habitats on the project site have a dense understory of saw palmetto, which is- considered undesirable as Big Cypress fox squirrel habitat. Florida Panther Welis concolor coryi) The subj ect.parcel does not occur within Priority 1 or 2 panther habitat according to a review of the Florida Panther Habitat Preservation Plan (Logan et al. 1993). Three radio - collar telemetry points from Florida panthers have been recorded within one mile of the project site. As previously described, most of the project site is impervious or disturbed land, while the preserve areas on the project site are adjacent to an interstate and State Road 951. These are not preferred habitat and are generally avoided by panthers (Maehr et al. 1991). In addition, the close proximity of neighboring development would deter any panthers from utilizing the site. No panthers or their sign (i.e., tracks, scat, etc.) were observed during the listed species surveys conducted on the property. Listed plant species that were not observed but have the potential to occur on the project site - I are listed in Table 5. Information used in assessing the potential occurrence of these species included personal experience and knowledge of the geographic region. IN Agenda Item No. 8F January 23, 2007 ? Page 133 of 203 I Table 5. Listed Plant Species That Could Potentially Occur FDA — Florida Department of Agriculture USFWS —U.S. Fish and Wildlife Service E — Endangered C -'- Commercially Exploited T — Threatened . 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. i Not applicable. No wildlife species were observed on the properly. i 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. i Not applicable. No wildlife species were observed on the property. Where applicable,. include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCQ and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. j. No correspondence has been received from either the FWCC or the U.S. Fish and Wildlife j Service regarding this project, i j 3.8.5.8 OTHER ' k 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. i 4 Not applicable. 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. 17 rDeeringqthamnus White- squirrel - banana; E E 411 ulchellus Beautiftil Pawpaw ,Zamia oridana Florida Coontie C - 411 FDA — Florida Department of Agriculture USFWS —U.S. Fish and Wildlife Service E — Endangered C -'- Commercially Exploited T — Threatened . 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. i Not applicable. No wildlife species were observed on the properly. i 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. i Not applicable. No wildlife species were observed on the property. Where applicable,. include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCQ and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. j. No correspondence has been received from either the FWCC or the U.S. Fish and Wildlife j Service regarding this project, i j 3.8.5.8 OTHER ' k 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. i 4 Not applicable. 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. 17 Agenda Item No. 8F • January 23, 2007 Page 134 of 203 No Phase I Environmental Site Assessments or any other audits are known to exist for the subject property, The project was previously permitted for development under SFWMD Permit No. 11- 00556 -S and Collier County Ordinance No. 89 -82, C. For site 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 Not applicable. E. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm f elds, 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. Not applicable. F. Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. 1_ Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic /archaeological i integrity of the site. Correspondence ftom the Florida Department of the State regarding possible archaeological or historical sites witlun the project area is included as Exhibit P. The review indicates that 110 significant archaeological or historical sites are recorded within the project area. 18 Agenda Item No. 8F January 23, 2007 Page 135 of 203 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550 - 010 -00La. Third Edition. Humphrey, S.R. 1992. Rare and Endangered Biota of Florida. Volume 1, Mammals. University Press of Florida, Gainesville, Florida. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida'Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Maehr, D.S., E.D. Land, and J.C. Roof. 1991. Social ecology of Florida panthers. National Geographic Research and Exploration 7 (4); 414 -431. Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. 1 Rodgers, J.A., Jr., Herbert W. Kale, II, and Heruy T. Smith. 1996. Rare and Endangered Biota of Florida..Volume V, Birds. University Press of Florida, Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989: Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida, m Agenda Item No. 8F January 23, 2007 Page 136 of 203 I -75 /ALLIGATOR ALLEY COMMERCIAL PUD AR -6417 PRESERVE AREA MANAGEMENT PLAN INTRODUCTION The following outlines the wetland enhancement, monitoring, and maintenance plan for the I- 75 /Alligator Alley Commercial PUD project located in Section 34, Township 49 South, Range 26 East, Collier County. The development of the Alligator Alley PUD project will result in impacts to 7.28± acres of South Florida Water Management District (SFWMD) jurisdictional wetlands and 0.16 acre of SFWMD "Other Surface Waters," A total of 5.42-1 acres of wetlands and 0., 70± acre of upland preserve will be enhanced and preserved on -site. This includes wetland enhanement through hand removal of exotics and supplemental planting. Additionally, uplands have been preserved to meet Collier County native vegetation preservation requirements and will be enhanced through the removal of exotic vegetation. The SFWMD conservation area along with the Collier County preserve areas totals 6.12± acres. The on -site enhancement work will be done concurrently with the construction of the infrastructure and stormwater management system for the I- 75 /,klligator Alley Commercial PUD project. As part of the enhancement program for the SFWMD, the preservation areas will be placed in a conservation easement. The wetland mitigation activities will be done concurrently with the construction of the surface water management system for the project. The mitigation areas will be placed under a conservation easement to the SFWMD. EXOTIC REMOVAL AND PLANTING PLAN Exotic removal will include all Category I exotic vegetation, as defined by the Florida Exotic Pest Plant Council's List of Invasive Species. The exotics to be eradicated include, but are not limited to, melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina equisetifolia), and downy rose - myrtle (Rhodomyrtus tornentosus). The on -site exotic removal work within the preserve area will be done concurrently with initial site clearing activities for the project. The hand removal of exotics from wetlands and uplands will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian pine with diameter at breast height greater than four inches and apply approved herbicide to cambium; (3) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose- myrtle; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings. RE- SUBMITTAL Passafella and Associates, Inca PUDZ -A- 2004 -AR -6417 1 of 3 #0013DC525 415105 PROJECT #19990293 DATE: 5/11105 MIKE DERUNTZ Agenda Item No. 8F January 23, 2007 Page 137 of 203 In areas where the density of melaleuca and Brazilian pepper trees exceeds 50 percent, cuttings will either be hand removed from the site or stacked in piles at approximately 100 foot intervals. If left on the site, smaller melaleuca cuttings will be stacked butt end to the ground into a nearly vertical position (i.e., teepee method). Larger-meWcuca cuttings will be cut and sta.ciced side by side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to. the previous layer up to a height of approximately six feet (i.e., log cabin method). It should be noted that the first 75 feet of the preserve areas will have the exotics completely removed, per Collier County. Supplemental .wetland plantings will be conducted in the wetland enhancement area: Tree plantings will include a minimum of two of the three species listed in Table 1, shrub plantings will include a minimum of two of the three species listed in Table 1, and ground cover plantings will include a minimum of two of the three species listed in Table 1. Planting densities for trees include 2,361 plantings (10 feet on center), shrubs include 9,444 plantings (5 feet on center), and ground cover will include 26,233 plantings (3 feet on center). Table 1. Supplemental Planting List pnait °f- ,L4 c= `Yv r a"7 ' .,�ja i k1�+ -ry 3'� y =�tri "t' '.�y llai rfi H3 av$36F�iL= LE IFiic.ci_t -�- 3a. .rie'Y,£' ttfl :I .i• t a. a — �1R�'.w• I" . r_�}}} �{e as�nYo 'Ittyy. *nrFc r5�5�"01�I: rR I� ¢'i 'kn. al 'le�,'�7ryL�i'.cn �7t4�F' _ � ,w..,, ��n '•. : Cypress Taxodium distichum 14 ft. 10 al. 10 ft. oc. Canopy Slash Pine Pinus elliottii 14ft. 10 gal. 10 ft, oc. Dahoon Holly Ilex cassine 14ft. 10 gal. 10 ft. oc. Cord grass S artina bakeri 12 in. ? al. 5 ft. oc. Shrub Myrsine Ra anea punctata 12 in. ? gal. 5 ft. oc. Wax-myrtle Ry cteria ceri era 12 in. 7 gal. 5 ft. oc. Sawgrass Panicum hemitomon 12 in, 1 gal , 3 ft. oc. Ground Wiregrass Aristida stricta 12 in, 1 gal. 3 ft. oc. Cover Gulfdune Pas alum Pas alum monostachyum 12 in. 1 gal. 3 ft. oc. PRESERVE SIGNAGE Signs identifying the preserve as a "Preserve Area Do Not Disturb" will be installed along the limits of the on -site conservation areas, . FIRE MANAGEMENT To reduce the threat of wildfires within the preserve area, prescribed burns may be utilized to remove excess vegetative growth and nuisance vegetation, such as vines. Controlled burning shall be conducted by a state certified burn manager, and will be at the discretion of the developer or homeowner's association. Passarelia and Associates, Inc. 2 of 3 #OOBDC525. 4/5105 Agenda Item No. 8F January 23, 2007 Page 138 of 203 The contact information for the preserve manager and the developer are as follows: Preserve Manager Developer Harry Spotts Dave Gustafson Passarella and Associates, Inc. Benderson Development Company 9110 College Pointe Court 8441 Cooper Creek Boulevard Fort Myers, Florida 33919 University Park, Florida 34201 (239) 274 -0067 (941) 359 -8303 harrys@passarella.imet davepustafson@,bf,-nderson.com The preserve manager is responsible for overseeing the implementation of the preserve management plan; until such time that the homeowner's association takes over from the developer. Passarella and Associates, Inc. 3 Qf 3 OOOBDC525 415/05 I -75 ' Commerce Center Alli ato r Alley PUD g 40.79 Acres Permit #11- 00556 -S Amended Water Management Report By: Hole Monies 950 Encore Way Naples, FL 34110 i January 26, 2005 Agenda Item. No. 8F January 23, 2007 Page 139 of 203 JerF pal, PE 26646 1i;E- Athorl Lion #x.772 RE- SUBMITTAL PUDZ -A- 2004 -AR -6417 PROJECT 419990293 DATE: 5/11105 MIKE DERUNTZ l c CD 2 2!,— co 0) N =3 0) _0 r_ cu dVW NOIIVOOI vaiao 14 'AJLNnoo-, a3i��oo Agenda Item No. 8F January 23, 2007 Page 141 of 203 ALLIGATOR ALLEY PUD Narrative The subject 40.79 acre Alligator Alley PUD property is located in the northwestern quadrant of Davis Boulevard and County Road 951. This proposed modification to the storm water management permit has the latest site design for the entire 40.79 acres. We are applying for a construction permit for' the entire site. The present (existing) permit shows a layout for commercial lots on the southern 24.79 acres and a preserve /water management area on the northern 16.00 acres. 'The existing discharge structure has one -0.50' wide rectangular notch with an invert at elevation 9.5 NGVD and a 40 linear feet of 18" RCP discharge pipe. The proposed plan will modify the control structure. The existing lh -inch pre - treatment method was to provide treatment on individual commercial lots and in the roadway swales. The proposed method is to create a master pre- treatment system along the western and eastern property lines. PROPOSED: The control structure will be slightly modified and discharge pipe will remain the same. Part of the existing 16 acre preserve will be developed and off -site mitigation is proposed. Anew master 1/7.-inch pre - treatment system and water quality system will be located along the western and eastern side of the commercial tract. The overall site percentage of impervious surfaces in the proposed plan is less thatthe permit value for the 40.79 acre tract. Item Water Management Impervious Roof Pervious Percent Pervious = Percent Impervious Permit Proposed 13.4 ac 13.51 ac 18.4 ac . 14.59 ac 3.7 ac 6.73 ac 5.3 ac . 5.96 ac 45,83% 49.06 % (20.01 ac) 54.17% 50.94 % (20.78 ac) WATER USE: Since there are no lakes associated with this project, the in-igation source will have to be from the Collier County water main. DEWATERING: No dewatering since there are no lakes. E C-4 C14 _0 c m m a. jut -- '08-S 'ON *YrA 31YIS) QUI(AMOR SIAWC --------------------- ---------------------- 14 ,o I ii- i q U1 a 1� Ix Fr o cl -4 V% a a,o 1t11 n n 00 U1 J J 0 11,10 0 B e b F 1 1 Agenda Item No. SF Page r143 of 20 o • X • � � 4 v N G F tQ 3 r pz t S 3 F Via. zw �a CO XQ ua e 1�1w O JV J au �-1 tiJ ,4 I� II IU • � _ 0 W1„9ti Ys�IOLLIMI r ( „ �-` -- --------- -�- ug I, ---- ---- -- 51 ---- - —5 Q`d0a 31d1S A l At aw TL�� 1 i I =1 li 1 I 11 1 ' I Ixa r I ��jl a c �1� 3 GfC II �� u1 1 KpllYls oaOhY i C4. i r� 11 I 11 I I l e Al B �� Q _ 1 d 1 Q I�'f •I I I I 11 l,O1 I C K .r b q. tl N u� N � � N I ; i C4 RZ app �j�b8ya$ 1 I Fe9g � 3 RR � g`6 dW. "S� a uj v4m �x— Di(4 �R � sl Mill j,��NM 11 fW, --- w Elf / Willi tl Q UJ w K .r b q. tl N u� N � � N # I . C4 RZ at 2, Fe9g � fit.. g`6 dW. "S� a uj v4m �x— � sl Mill o n C W 09 --- U Willi tl Q UJ # I . at 2, a� sr � sl Mill o n D� Willi Q UJ w dc 5 W�� a o 1 � 1 LL r— co 00 c:D C) . 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IL ti Z 0 p cn 2 ca 0. 0;0 X W, 0 7t J J J Agenda Item No. 8F January 23, 2007 Page 147 of 203 Land Use (40.79 acres) Area Item west Permitted Proposed Preserve 0.07 ac 16.00 ae • 6.12 ac Development 0.0 ac 24.79 ac 34.67 ac Site Analysis Existing Motel (2.17 acres) 0.14 0.32 ac Item Area Percent Roof 0.44 ac 20.28 % Pavement & Sidewalk 1.02 ac 47.00% Grass & Landscaping 031 ac 32,72% ' Site Analysis Existing McDonalds (1.02 acres) Item Area Percent Building Roof -0.15 ac 14.71% Pavement .& Sidewalk 0.59 ac 57.84% Grass &.Landscaping 0.28 ac 27.45% Site Analvsis Existing Taco Bell {0.94 acres Item Area Percent west east Building Roof 0.07 ac 7,78% 0.07 0.0 ac Pavement & Sidewalk 0.46 ac 51.11% 0.14 0.32 ac Grass & Landscaping 0.37 ac 41.11% 0.20 0.17 ac ca _ . ..�....... . 2�n . � �. ��y' .... ...` .,.. ..., ..r. :. .. _ "•en�_es. ruea.;•.ri5�`K ?e u3f. •�x > �7?rrri�r..�: -:.��Z � — .:4:::1::.t . W +;:b::s= ,.•:•�,-au..... .... ;.:t- r•'.L:.r�• ^. n._, ;...vp:.n:,...o• rrr�.ur^ r:i._ _.4F.�• '.��`_": .:.�.. �. '3d!F�i31.': °il �t• {Xiti...��'`�3/Sux:�A1 ��. Agenda Item No. 8F January 23, 2007 Page 148 of 203 Site Analysis West Half Lot 2 (120 acres) Assume Item Area Percent Building Roof, 0.32 ac 26.670/a Pavement & Sidewalk 0.61 ac 50.83 % Grass & Landscaping 0.27 ac 22.50% Site Analysis New lot 3 (1.01 acres) Assume Item Area Percent Building Roof 0.20 ac 19.80% Pavement & Sidewalk 0.32 ac 31.68% Grass & Landscaping 0.49 ac 48.52.% Site Analysis R/W (2.83 acres Item Area Percent west east Building Roof 0.00 ac '00.00% 0 0 Pavement /walk 1,12 ac 39.58% 0.38 0.74 Grass & Landscaping 1.71 ac 6042% 0.64 1.07 Site Analysis New Center (22.06 acres Item Area Percent west east Building Roof 5.55 ac 25.16% 5.41 0.14 Pavement/walk 9.94*ac 45,061% 2.12 7.82 Detention basins 3.91 17,72% 1.46 2.45 Grass & Landscaping 2.66 ac 12.06 % - 1.01 1.65 .Y � ..-:a• -.ea.. �.N:i y', :r.:.:y{e,a.. ..°'GJi:u:xii'iFikr�ii�h x- ,�.:'-.r ;.c '.: ....k�:., :s.... i:'.,_.,,�..fi?5:?.x i�C:z e�Gl;__ �e_..,.."-'-'-_..-- �-- �.._.._-.. �3. r.,.,.,... �.. �c3...,.... 5.' t.' �%: sr&. �a; �: �. o... .,.�.is3w'«=�i:;a'wl;t.';....,. _.,_, e..,...,_. ...'i."7 :,......_'� ., h"•J .. Site Analvsis north preserve area (9.60 acres Item Area Percent Building Roof 0 ac 0% Pavement /walls 0 ac 0% Grass & Landscaping 9,60 ac 100% Land Use Summary: Item Roof Pave /walk Grass Total Agenda Item No. 8F January 23, 2007 Page 149 of 203 Hotel 0.44 ac 1.02 ac 0.71 ac 2.17 acres McDonalds 0.15 0.59 0.28 1.02 Taco, Bell 0.07- 0.46 0.37' 0.90 West Lot 2 032 0.61 0.27 1.20 Lot 3 0.20 0.31 0.50 1.01 Center 5.55 9.94 6.57 22.06 R/W 0.00 1.12 1.71 2.83 Preserve 0.00 0.00 9.60 9.60 Totals 6.73. 14.05 20.01 40.79 acres Estimating regrade elevation at buildings &parking-lots 12.6 = minimum pavement 14.0 = maximum pavement -0.5 = plus curb height 0.5 = plus curb height .13.1 = minimum grass elev 14.5 = maximum grass elev 13.8 = average site landscape/grass elevation* * note this does not include the detention basins or perimeter berms Agen a Item No. -8F Page 51 0�`o2007`, — I i I i 4 4 �If a4a4a44 / /ti '��► 11 144414'4 +4'4,•1 \�� \\\ `IN,\ I; iiA4IL�1 `0 AD�IA� '4 , 4 III4�. �444 4a • 4144` I ` / 4 4 4 a 4 ! 1�4 a 4 a f f• O ` 14 •4 f 1 4 4 4 4 1 f f 4 1/ 4 7 Nq�yj�1\.p9r i rz If 44.f 4 4 4 M'4 f 141 4 f'4'44Ir\ 0 �1� Ih 1 4 f 1 1 4 a a 4 ♦ 4 h 4 4 • �Q \ I I , 444/ 41�. .1-- 1- .L1�ls 1 .�Lft 444• f 4;1./ x..44f 414a4 1h'r1 ;j4f 4.41 yzt p p f 4 4 ' 4 h •\ I 4 k1 4 h h.4 4 aa\ ♦\ 1 •L 4 444 44 44 44 44� I 0 1 0 R Flo RIM PROPOSED n p I I 11 p 4 I 1 i 11 I r RETAIL i •— '""a�F. � c'� ._ ors. _ .-- i :� I ° 1 j n U'`!� �I 1 AMOCO �� 1 STATION 1 HAI- r"'I4 � rJL�p I - -- x ol. STATE: ROAD S -84 (DAVIS BOUT • - , '.� w .... , i. t M ri�w�i:'.. .- v... -. .�. • - .':.4:.. � ".i..�:: 't::l• t•: _cT.••- �l.' _ I- r�.... . . .. . , , Agenda Item No. 8F January 23, 2007 Page 151 of 203 Site Analysis NEST watershed (13.64 acres) Item Area Percent Building Roof 0.07 + 0.32 +,0.20 + 5.41 = 6.00 ac 43.99% PavemenUwalk 0.14 + 0.61 + 0.32 + 0.38 + 2.12 = 3.57 ac 26.17% Detention Basin 1.46 ac 10.70% Grass & Landscaping 0.20 + 0.27 + 0.49 + 0.64 + 1.01 = 2.61 ac 19,13% Site Analysis NORTH watershed ��9.60 acres) - -__. -- -Item -Area Percent - Building Roof 0.00 ac 00.00% Pavement & Sidewalk 0.00 ac 00.00% Preserve 6.12 ac 63,35% Vegetated areas 3.54 ac 36.65% Site Analysis EAST watershed (17.55 acres Item Area Percent Building Roof 0.44 + 0.15 + 0.14 0.73 ac 4.16% Pavement & Sidewalk 1.02 + 0.59 + 0.32 + 7.82 + 0.74 = 10.49 ac 59.77 % Detention Basin 2.45 ac 13.96% Grass & Landscaping 0.71 + 0.28 + 0.17 + 1.65 + 1.07 = 3.88 ac 22.11% Proposed entire site 40.79 acres: Percent of site pervious = 20.01 / 40.79 = 49.06 % Percent of site impervious = 20.78 / 40.79 = 50.94 % Soil Storage X13.64 acres- 'VVe>st, basin) Percent of site pervious = 4.07113.64 = 29.84 % Percent of site impervious = 9.57113.64 = 70.16 % 2.53 = (0.98 ac /4.07 ac) x 10.5 0.83 = (0.29 ac/4.07 ac) x (10.5 +12.8)12 0.26 = (0.09 ac /4.07 ac) x (11.1 + 12.8)/2 0.19 = (0.06 ac /4.07 ac) x 12.8 8.99 = (2.65 ac/4.07 ac) x 13.8 12.8 = average grade for pervious 9.5 = control elevation (less) 3.3 = storage depth Agenda Item No. 8F January 23, 2007 Page 152 of 203 bottom basin side slope basin perimeter berm side perimeter berm top landscape islands and grass areas From Chart on page E -3 Figure E -1 G.1= inches cumulated available storage (3.3 depth-to WSWT ) 1.82 =inches of soil storage ( 4.07 ac pervious/ 13.64 ac total x 6.1 inches) CN = 1000 / (1.82 + 10) = 84.6 Soil Storage (17.55 acres- East basin) Percent of site pervious = 6.33/17.55 = 36.07 % Percent of site impervious = 11.22/17.55 = 63.93 % 2.70 = (1.63 ac /6.33 ac) x 10.5 bottom basin 0.67 = (0.36 ac /6.33 ac) x (10.5 +12.8)12 side slope basin 0.28 = (0.15 ac /6.33 ac) x (10.6 + 12.8)/2 perimeter berm side 0.24 = (0.12 ae /6.33 ac) x 12.8 perimeter berm top 8.87 = (4.07 ac/6.33 ac) x 13.8 landscape islands and grass areas 12.76 = average grade for pervious 9.5 = control elevation (less) ---------------------------- 3.3 = storage depth From Chart on page E -3 Figure E -1 6.1 =inches cumulated available storage (3.3 depth to WSWT ) 2.20 = inches of soil storage ( 6.33 ac pervious / 17.55 ac total x 6.1 inches) CN = 1000 /. (2.20 + 10) = 82 Soil Storage (9.60 acres - Preserve North) Percent of site pervious = 9.60 / 9.60 = 100.00 % Percent of site impervious = 00.00 / 9.60 = 00.00'% 0.38 = (0,31 act 9.60 ac) x (10.6 + 12.8)/2 0.38 = (0.31 ac/ 9.60 ac).x (10.5 + 12.8)/2 0.23 = (0.17 ac/ 9.60 ac) x 12.8 0.09 = (0.07 ac/ 9.60 ac) x (11.1 + 12.8)12 0,05 = .(0,05ac/ 9.60 ac) x (9.6 + 11.0)/2 0.30 = (0.24 ac/ 9.60 ac) x (11.0 + 12:8)12 0.11 = (0.09 ac/ 9.60 ac) x (11.1 + 12,8)12 0.11 = (0,09 ac/ 9.60 ac) x (10.6 + 12.1)12 0.19 = (0.15 ac/ 9,60 ac) x (12.1 + 12.8)/2 8.04 = (8.12 ac/ 9.60 ac) x 9.5' . 9.88 = average ground elevation 9.9 = average grade 9.5 = control elevation 0.4 = storage depth Agenda Item No. 8F January 23, 2007 Page 153 of 203 perimeter berm outside slope along I -75 perimeter berm inside slope along 1 -75 perimeter berm top along I -75 perimeter berm northwest side 460 LF perimeter berm inside 460 LF perimeter berm top 460 LF ' perimeter berm southwest side 5401f perimeter berm inside 540 if perimeter berm top 540 if remainder (less berms) From Chart on page E -3 Figure E -1 0.1 = inches cumulated available storage '(0.4 depth to WSWT ) 0.1 =inches of soil storage ( 9.60 ac pervious/ 9.60 ac total x 0.1 inches) CN =1000 / (0.1 + 10) = 99 Agenda Item No. 8F January 23, 2007 Page 154 of 203 Item V.D. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 2, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development DESCRIPTION No. PUDZ -A- 2004 -AR -6417 Petition Name: I -75 /Alligator Alley PUD Applicant/Developer: Randall Benderson et al, Trustees and Davis Boulevard Randall Benderson 1993 -1 Trust Engineering Consultant: Hole Montes, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The subject property is located on the north side of Davis Boulevard in the southwest quadrant of the intersection of I -75 and Collier Boulevard in Section 34, Township 49 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include both developed and undeveloped parcels, and three major roadways. ZONING DESCRIPTION N - R.O.W. Interstate I -75 S- R.O.W. Davis Boulevard E - R.O.W. Collier Boulevard R.O.W. Interstate I -75 C -4 Developed W - PUD (East Gateway) Undeveloped Agenda Item No. 8F January 23, 2007 EAC Meeting Page 155 of 203 Page 2 of 9 IV. PROJECT DESCRIPTION: The project contains 40.8 acres and approximately 11.4 acres is proposed for the Preserve /water Management Area, with the balance of the property permitted for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. The maximum allowable square footage of gross leasable floor area is 265,000 square feet of retail or office area excluding the existing motel approved for 107 units and any future motels. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan and an interconnection is proposed to the adjacent East gateway PUD, a non - residential PUD. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel/motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner affirms in the statement of compliance that "Development of the I- 75 Alligator Alley PUD will be consistent with the Activity Center #9 Interchange Master Plan." The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres are eligible for commercial zoning, to date, 325.23 acres are presently zoned commercial, therefore, 22.65 acres are eligible to be rezoned to commercial. EAC Meeting Page 3 of 9 Agenda Item No. 8F January 23, 2007 Page 156 of 203 The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses, however, 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 22.65 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. 632.5 acres X 55% = 347.88 acres maximum eligible for commercial zoning within Activity Center #9. 325.23 acres are presently zoned commercial leaving a remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 = 22.65). In addition, the PUD requests 107 motel/hotel units. There are presently 107 existing motel units on the subject property that was approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel /motel uses are allowed within the Activity Centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel/motel uses was amended to delete the density of 26 units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Pursuant to FLUE Policies 7.1, 7.2 & 7.3, access to the project has been provided via two access points on Davis Boulevard, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads and an interconnection is proposed to the adjacent East Gateway PUD. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Conservation & Coastal Manasement 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 applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an EAC Meeting Page 4 of 9 Agenda Item No. 8F January 23, 2007 Page 157 of 203 attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing dry retention/detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Policy 6.1.1, 15 % of the existing native vegetation shall be retained/re- planted on -site and set aside as a preserve area with conservation easements prohibiting further development. Preserve areas are interconnected to adjoining off -site preserves. Habitat management and exotic vegetation removal /maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6. 1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/Construction Plans). 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. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys and habitat management plans for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (EIS). Pursuant to Policy 7.1.4, all development shall comply with applicable federal and state permitting requirements regarding listed species protection. Agenda Item No. 8F January 23, 2007 EAC Meeting Page 158 of 203 Page 5 of 9 VI. MAJOR ISSUES: Stormwater Management: On 15 June 1989, the South Florida Water Management District issued surface water management permit # 11 -00556 to the 40.8acre project called I 75 — Alligator Alley PUD. The permit calls for site discharge to be to the northwest into a swale that goes north under I -75 and eventually into the Golden Gate Canal. The permit has been modified since then for the different commercial projects within the PUD. Any further modifications to the system would also require an SFWMD permit modification. Environmental: Site Description: The majority of the site has been previously altered and consists of a combination of access roads, developed commercial parcels, fill pads, surface water management systems and 12.70 acre wetland mitigation area. Commercial uses currently found on -site include a 107 room hotel with manager's apartment, Taco Bell and McDonalds. The main entrance road is an access loop road that surrounds disturbed filled areas. A berm exists around the wetland mitigation area at the north end of the project. Wetlands: South Florida Water Management District (SFWMD) permit No. 11- 00556 -S was issued for the property on June 15, 1989. The permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00 acres of deep marsh surrounded by 9.70 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. The total SFWMD conservation area was 13.45 acres. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetland area. Since issuance of applicable federal, state and local agency permits, the project site was cleared and filled. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acre of Pine Flatwoods (FLUCFCS Code 411). Previous on -site wetland mitigation efforts have proven to be unsuccessful. The �. Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead slash pine, cypress, Melaleuca and torpedo grass (Panicum re ens . The Wetland EAC Meeting Page 6 of 9 Agenda Item No. 8F January 23, 2007 Page 159 of 203 Mitigation Area, Herbaceous (FLUCFCS Code 921) is dominated by torpedo grass and cattails (Typha sp.). The level of exotics found within the wetlands range from 25 to 80 percent Melaleuca seedlings and torpedo grass. During initial stages of planting, the organic top layer of soil was removed. This is an attributing factor to the failure of the wetland plantings. Also, human disturbance by the use of all terrain vehicles during the dry season has also contributed to the degradation of the wetland mitigation area. The construction of the project will result in wetland impacts to 7.28 acres of the current on -site mitigation wetlands and 0.16 acre of Other Surface Waters. The previously permitted wetland impacts (that were originally mitigated on -site) will be mitigated off -site by purchasing credits at a wetland mitigation bank. It is estimated that 17.28 forested and herbaceous wetland mitigation credits will need to be purchased. Preservation Requirements: The project site was previously permitted with an on -site preserve area. Because of this, the native vegetation requirement for the County is calculated based on the entire acreage of the PUD. In accordance with the County Land Development Code (LDC) and Growth Management Plan (GMP), fifteen percent (.15 x 40.79 = 6.12 acres) of the native vegetation is required to be retained on -site. The PUD master plan identifies 6.12 acres of preserve. These include 5.42 acres of mitigation wetlands and 0.70 acre of uplands. Wetland and upland enhancement will include removal of exotic and nuisance vegetation, and supplemental planting with native species. Restoration planting will be required to be in accordance with the planting criteria identified in the LDC. Wetland preserves will receive pretreated stormwater to maintain hydrology and provide additional storage. Listed Species: A listed plant and wildlife species survey was conducted on June 29, 2004. No listed species were identified on the property during the species survey or during any other site visits. The proximity of listed species to the project site as recorded by the Florida Fish and Wildlife Conservation Commission (FFWCC) is provided as Exhibit O in the EIS. VII. RECOMMENDATIONS: EAC Meeting Page 7 of 9 Agenda Item No. 8F January 23, 2007 Page 160 of 203 Staff recommends approval of Planned Unit Development No. PUDZ- A -2004- AR -6417 "I -75 /Alligator Alley PUD" with the following conditions: Stormwater Management: 1. South Florida Water Management District surface water management permit # 11 -00556 must be modified as required. Environmental: 1. Replace the language in section 4.11 of the PUD document with the following condition. Pursuant to Section 2.03.07.E of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EAC Meeting Page 9 of 9 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT STEVEN D. GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: Agenda Item No. 8F January 23, 2007 Page 162 of 203 DATE I� DATE JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Ll ti M O N ON Q Z e.� E CV m C� 0 N :3 0) cca Q riwm CL / 7 N I g sgfi vz O � LLJ 3 4 00 C 77 CL O �51 0 0 �rrmr AVa Ael F< (we --,M) aarna!ros warm (ise -W) CRIYATM ar= aD O i OtlYh3T10a tl3iDJ l�afJ •: .!;!:::. . OtlVA;talOe Y�T1� :: Vii` .:::f•:::i:ti. is ;•ii :! :!::E:E!E!;iE •isiii�'. j�!ifli:t �iiiii'.i!i +•iii!i ! . !i: ! � i!iii!ii!i pp '!!iE!!i!i!i! iE ,f•:i:E:i:!:!::!! °t' + + +!iili�i iii.. "; ": :;.;.." ' 3!E•:: �� s:iiiifEEi:�E .. !ii!IPilii i(!4i(! : ?iii!i �i!jl� .: i•iiii3iiiii! iii:::::::.: Q .ii!:iii!iil � :iiEiiiyiiiiEf:iiiiiio- !:_:.:.; :i !,!.! ::•+ d iii!i!. -iii :•.e• >.•:: �ii.:'.r��:.!.. �° i '� "'iii!i!i:iin iii D � �+ i� i�•:ii�iisi:yi::;;•:�.':i!:,,: lililiiEli••,•s.!:. .:i +;iit;idi�;j: ... • 'L': ..iii: !i3:E:1:!.!ii;!:;:: ' :::..:.:.:.:.:.::.:! !>:• CL rannnnd � g o a g 0 ---------- < an < a 5 a S riwm CL / 7 1.J.. Q V Z Z O N 1.J.. C� G z O U O _( 4— d^ m : Q d' 0 0 a CL z o_ h H W CL vz O LLJ 3 4 00 C 77 CL O i OtlYh3T10a tl3iDJ l�afJ OtlVA;talOe Y�T1� ma$sRtta rannnnd � it. ®� g ---------- < an < vuna Jill �� gram 1.J.. Q V Z Z O N 1.J.. C� G z O U O _( 4— d^ m : Q d' 0 0 a CL z o_ h H W CL Agenda Item No. 8F January 23, 2007 Page 164 of 203 Agenda Item No. 8F January 23, 2007 Page 165 of 203 Agenda Item No. 8F January 23, 2007 Page 166 of 203 urwo Ls�aw■ r■mwua Agenda Item No. 8F January 23, 2007 Page 167 of 203 December 08, 2005 Mr. Michael DeRuntz Via Email Community Development and Environmental Services 2800 N. Horseshoe Dr. Naples, FL 34104 SUBJECT: Alligator Alley HM File No. 2002.012 Dear Mike: Attached are revisions to the Alligator CPUD document. These revisions consist of our Affordable Housing commitment of $.50 per S.F. The only change to this language in section 8. 1, as discussed at the Planning Commission, is that our client is opting to pay this impact fee for 124,400 S.F. of gross leasable floor area and not 34,000 S.F. This provision would not affect existing uses or square footage. Our client has Certificates of Adequate Public Facilities with regard to the payment of Affordable Housing Impact Fees. The second revision is to section 7.2 R of the CPUD that places litigation on Certificates of Occupancy for permitted uses until Davis Blvd. is substantially completed in a six-lane road condition for development. The property owner does not have Certificates of Adequate Public Facilities as of the date of adoption of this ordinance. Thank you for your consideration in this matter. Sincerely, Robert L. Duane, A.I.C.P. Planning Director RLD /acd cc: Bruce Anderson David Gustafson G:1DeRuntz\AR -6417 I -75 Allegator AIley\PUD DocumentlRevised PUD Cover Letter 12- 8- 05.doc Agenda Item No. 8F January 23, 2007 Page 168 of 203 SHO N ES ENGINEERS • PM IKRS - SURVEYORS 950 Encore Way • P.O. Box 111629 • Naples, Florida 34108 - Phone: 239.254.2000 - Fax: 239.254.2098 December 7, 2006 Mr. Michael J. DeRuntz Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida .34104 RE: 1 -75 /Alligator Alley Project Number: 19994293, PUDZ -A -AR -6417 HM file No. 2002.012 Dear Mr. DeRuntz: I still need the attachments to the supplemental staff report that you prepared for. Alligator Alley, including the PUD document. You referred to an older September 8, 2006 letter as an attachment to the staff report outlining changes. There was, however, a follow -up letter (dated November 3, 2006) that outlined additional changes, i.e. putting the phasing stipulation back into the transportation commitments of the PUD amongst other considerations. This more recent document could have been included with your report as well. I am attaching it here for your review and consideration. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Sincerely, HOLE MONTES, INC. Robert L. Duane, AICP Planning Director Attachments Letter to Michael DeRuntz, dated November 3, 2006 RLD/ /acd cc: David Gustafson, Bnnderson Development Bruce Anderson, Esquire HM File HA2002\2002012 \WP\RL D\MD 061207 need amich - ltr.(1).ad.doe Naples • Fort Myers • Venice • Englewood - RECEIVED DEC.4 1 2006 ZONING DEPARTMENT Agenda Item No. 8F January 23, 2007 Page 169 of 203 November 3, 2006 Mr. Michael J. DeRuntz Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE I -75 /Alligator Alley Project Number: 19990293, PUDZ -A -AR -6417 HM File No. 2002.012 Dear Mr. DeRuntz: Per our discussion I am providing you revisions to the Alligator Alley CPUD. We have agreed that you and I will work together to shore up the document, and I am providing you an electronic version per your request that also includes the correspondence. 1.) The following changes have been incorporated into The Statement of Compliance that was previously approved by the Growth Management Department and is contained in Section I of the PUD per your request. 2.) The phasing stipulation has been reinstated in Section 5.2H of the transportation corrunitments and a reference has been added to this provision that CO's can be issued for this project if improvements are not completed by January 1, 2009, 3.) Former Sections 4.1 (A - H), now Sections 5.1 (A - H), have been deleted from the document as they are redundant. 4.) Former Section 4.2 E, now Section 5.2E, has been retained as requested. 5.) Former Section 4.2.F, now Section 5,2.G has been updated to provide the words stored and treated and additional verbiage has been added to this section that the conveyance of stormwater from Collier Boulevard into the subject property's water management system will be at the County's expense if FDOT does not have a need to store and treat water management for the widening of Davis Blvd. 6.) Section 5.1. 1 has been added to the PUD so that additional interconnections or existing interconnections can be modified or added for an additional off -ramp off of I -75 should it be constructed at a later date. 7.) A meeting has been held with Nick Casalanguida to discuss the DCA Agreement. C:1Documents and Settings%derunizmichael\Local SettingslTcmporary Internet Files10LME1MD 061103 transresub -Itr (4).doc Agenda Item No. 8F January 23, 2007 Page 170 of 203 Page 2 November 3, 2006 Mr. Michael DeRuntz Alligator Alley PUDZ -A AR -6417 HM File No. 2002.012 8.) The number of square feet of gross leasable area has been added to the CPUD Master Plan, i.e., 265,000 S.F. of gross leasable area. If you have any questions, please feel free to contact me. Thank you. Sincerely, HOLE MONTES, INC. Robert L. Duane, AICP Planning Director RLD /acd Attachments ( x) 24 x 36 CPUD Master Plan ( x) Revised CPUD Document ( x) Supplemental Impact Study cc: David Gustafson, Benderson Development Bruce Anderson, Roetzel & Andress CNDocurnents and Scttingslderuntzmicliael\Locat Settingffemporaq Internet FiIcA01 MMD 061103 transresub -ttr (4).doe Agenda Item No. 8F Rim January 23, 2007 Page 171 of 203 HOLE MONTES MIKERS• M MHERS• SURVEYORS LANDSCAPE ARCHITECTURE 950 Encore Way - Naples, Florida 341 i0 • Phone: 239.254.2000 - Fax: 239.254.2099 September 8, 2006 Mr, Michael J. DeRuntz PUDZ -A- 2004 -AR -6417 Collier County Goverinrnent PROJE, CT #19990293 Community Development Services DATE: 9/15/06 2800 North Horseshoe Drive MIKE DERUNTZ Naples, Florida 34104 RE: I -75 /Alligator Alley Project Number: 19990293, PUDZ -A -AR -6417 IIM File No. 2002.012 Dear Mr. DeRuntz: Attached is a resubmittal of the 1 -75 /Alligator Alley CPUD, including a revised CPUD ordinance placed in the form of the new draft model PTJD ordnance. Sixteen copies of the revised CPUD document are attached including a plan -set previously provided. Also attached is a traffic study that addresses area wide impacts of the subject properties and others on Davis. Boulevard and C.R. 951. Based on a review of the transcript for the January CCPC meeting, many of the following changes have been made at their behest, but the maximum amount of gross leasable area remains at 265,000 as originally proposed, For your convenience I am attaching a copy of the prior CPUD. Also, it is our desire to schedule the petition.with the Developer Contribution .Agreement that property owners in the general area have participated to address long term traffic problems that will go to the BCC this fall. I will coordinate dates with you. 1. In the preserve area requirements, Section 4.1.H of the revised CPUD, the typographical . error pertaining to the perimeter fence has been corrected, 2. Gasoline service stations have been deleted front the list of permitted uses in Section 3,4.A of the CPUD and changed from a principle to an accessory use. The language pertaining to the motel density in Section 3.6.A, Table 145, has been clarified under Commercial Development Standards, 4. The maximum height in Section 3.6.A, Table 147, Development Standards has been clarified to allow a maxiunum height of fifty (50) feet, deleting reference to five stories. In Section 3.4.A, Table I, Development Standards SIC codes have been added. 6. Language has been added to Section 3.6.E, architectural guidelines, Development Standards that states the anchor tenant shall be required to have a primary facade on the north, south, and east sides of the building. RECEIVED SEs 8 — 2006 HAMD2120020121WP\RLDWD 060909 final rev "rTS.lransiesub- Iii•.(8)doc.doc Naples - Fort Myers 4 Venice Agenda Item No. 8F January 23, 2007 Page 2 Page 172 of 203 September 8, 2006 Mr. Michael DeRuntz Alligator Alley PUDZ -A AR -6417 HM File No. 2002.012 7, Former Section 7.2.E, Transportation Requirements of the CPUD has been deleted as it pertained to sidewalks. That is Section 4.2.E of the revised CPUD. 8. A deviation has been added to Exhibit "C" requesting a deviation to the required 25 foot buffer along Davis Blvd, to recognize the existing condition that the Taco Bell and McDonald's sites were previously approved and developed with a ten foot buffer. This is a deviation to Section 4.02.23D19 of the LDC. This provision was previously contained in Section 2.7 of the prior CPUD ordinance but is now Deviation #3, Exhibit C. 9. Auto repair and carwashes have now been designated as accessory uses only. See Section 3.4.A, Permitted Uses. 10. The phasing requirement struck through as Section 7.2.R has been deleted as the phasing of this and other properties will be addressed in a DCA Agreement for the general area that will be adopted by the BCC the same time as the rezoning petition is scheduled for this CPUD before the BCC. 11. Several boilerplate provisions of the transportation commitments have been struck through as they appear not to be applicable to FDOT right -of -way. If you have any questions, please feel free to contact me. Thank you. Sincerely, HOLE MONTES, INC. Robert L. Duane, A1CP Planning Director Attachments ( } 24 x 36 CPUD Master Plan ( ) Revised CPUD Document RLD /inimm/acd cc: David Gustafson, Benderson Development Bruce Anderson, Esquire H:\2002\2002012 \WP \RLD\MD 060908 final rev TIS.transresuh- itr.(8)doc.doe Agenda Item No. 8F January 23, 2007 Page 173 of 203 DEVELOPER CONTRIBUTION AGREEMENT DAVIS BOULEVARD PROJECTS THIS AGREEMENT ( "Agreement ") is made and entered into this day of 2006, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR -1 Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; ( "collectively referred to as Benderson ") and DAVIS CROSSING, LLC; DAVIS CROSSING II, LLC; DAVIS CROSSING III, LLC; DAVIS CROSSING IV, LLC; DAVIS CROSSING V, LLC; DAVIS CROSSING VI, LLC; DAVIS CROSSING VII, LLC; DAVIS CROSSING VIII, LLC, all of which are Florida limited liability companies, whose address is 8441 Cooper Creek Blvd., University Park, Florida 34201, ( "collectively referred to as "Davis Crossings ") (Benderson and Davis Crossings shall hereinafter collectively be referred to as "Developers "), and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Benderson is the owner of certain undeveloped lands laying adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD ") more specifically I -75 /Alligator Alley PUD proposed to be amended by Petition No. PUDZ- 2004 -AR -6417 and its related pending Site Development Plan Application No. SDP -AR -4171. (Legal description and sketch of lands in this PUD which are owned by Benderson are attached and incorporated herein as Exhibit "A "); and WHEREAS, Davis Crossings is the owner of certain undeveloped lands laying adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD ") more specifically I -75 /Collier Boulevard Commercial Center PUD and pending Site Development Plan Application No. SDP -AR -4468, Davis Crossings, as amended by pending Application No. SDPA -AR -9753, Davis Crossings (Legal description of lands in this PUD which are owned by Davis Crossings are attached and incorporated herein as Exhibit "B "); (the I -75 /Alligator Alley PUD and the I -75 /Collier Boulevard Commercial Center PUD shall be collectively referred to herein as "Developments ") and WHEREAS, Davis Crossings has made certain donations, at no cost to County, including, but not limited to a fifty (50) foot wide right -of -way along southern boundary of Davis Boulevard as more particularly described and depicted on Exhibit "C" (hereinafter referred to as the "Right -of -Way Property"); and WHEREAS, in connection with widening Davis Boulevard to six lanes Benderson estimates that it can accept within the I -75 /Alligator Alley PUD stormwater management system stormwater runoff from Davis Boulevard for approximately 1.0 acre of proposed road right -of- way, (the "Davis Boulevard Drainage "); and Page 1 of 9 Agenda Item No. 8F January 23, 2007 Page 174 of 203 WHEREAS, Developers have previously paid impact fees and received Certificates of Adequate Public Facilities for the Developments; and WHEREAS, this Agreement is structured to ensure that adequate public facilities are available to serve the Developments concurrent with when the impacts of the Developments occur on the public facilities; and WHEREAS, this Agreement shall become effective upon approval by the County and Developer, however, the obligation of Developers in Paragraph 2 and 4 below for water management and right -of -way shall not become effective until: (i) approval of PUDZ -A -AR- 6417 and the expiration of all applicable appeal periods to challenge the approval with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the approval; and (ii) approvals of SDP - AR -4468, SDPA -AR -9753, a PUD Extension for the I -75 /Collier Boulevard Commercial Center PUD if an extension becomes required, and SDP AR -4171 and the expiration of all applicable appeal periods to challenge the approvals with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the SDP approvals; and WHEREAS, the parties have agreed to certain other terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Subject to applicable Federal, State and local governmental approvals, Benderson will provide County storm water management outfall within the I -75 /Alligator Alley PUD for the Davis Boulevard Drainage. The Alligator Alley storm water management system (the "System ") shall be designed to treat surface water to specified water quality standards pursuant to all governmental permits and approvals for the I -75 /Alligator Alley PUD. The County agrees, subject to Florida Statutes Section 768.28, that any surface water entering the System from the Davis Boulevard Drainage will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Development without modification(s) to the System, and that surface water discharged into the System will comply with the requirements of the County -wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. The maximum volume of Page 2 of 9 Agenda Item No. 8F January 23, 2007 Page 175 of 203 water that will be accepted into the System from the Davis Boulevard Drainage is limited to the amount required to drain one acre of the proposed Davis Boulevard right -of -way. 3. Both County and Developers acknowledge and agree that the contributions previously made and to be made by Developers for the benefit of the public, pursuant to the terms of this Agreement, specifically, a (i) fifty (50) foot wide right -of -way along Davis Boulevard as more particularly described and depicted on Exhibit "C"; and (ii) providing stormwater facilities within the Development to accept the Davis Boulevard Drainage right -of- way, have a combined fair market value of One Million Fifty -Eight Thousand Nine Hundred Thirty Dollars ($1,058,930.00). No impact fee credits or purchase price is to be paid to Developers for these contributions. 4. Davis Crossings shall reserve for future conveyance to County right -of -way for the expansion of Davis Boulevard in the approximate location shown in the attached Exhibit "D" behind the "Existing Mobil Station" as labeled on Exhibit "D ". The County shall pay Davis Crossings by certified check for the fair market value of the land ultimately conveyed pursuant to this reservation, which conveyance may be in the form of a grant of easement at Davis Crossings' discretion. The fair market value of the land so conveyed shall be determined by multiplying the square footage of the land conveyed times the present assessed value of the land which is Fifteen and 72/100 Dollars ($15.72) per square foot. County shall be responsible for all permitting and to replace and/or relocate at its sole cost and expense for all water management and any related mitigation, landscaping and parking, including obtaining County approvals for variances and /or deviations so that no part of the Davis Crossings Development is in violation of any law or is made non - conforming in any respect as a result of the County's use or title to or easement on the conveyed land. 5. It is anticipated that the 1 -75 /Alligator Alley PUD and 1 -75 Collier Boulevard Commercial Center PUD will at build -out respectively contain approximately 265,000 gross leaseable square feet of retail/office commercial space and 147,000 gross leaseable square feet of retail /office commercial space. At this time, Developers are seeking to obtain Certificates of Adequate Public Facilities ( "Certificates ") for road or transportation (herein after referred to as "road ", potable water, and sanitary sewer "Category A" facilities (the "Public Facilities ") vesting for concurrency in perpetuity for roads and for five (5) years for potable water and sanitary sewer the 1 -75 /Alligator Alley PUD and 1 -75 Collier Boulevard Commercial Center PUD to construct respectively 265,0000 and 147,000 gross leaseable square feet of retail /office commercial space. This Agreement insures that adequate potable water and sanitary sewer public facilities will serve the Developments and that the County's Transportation Concurrency requirements have been met. The Developments fulfill the standards for the road, potable water and sanitary sewer public facility components pursuant to Section 10.02.07 of the Collier County Land Development Code, and the County represents that the required Public Facilities necessary to adequately service the Developments will be in place or under construction at the time a final site development plan, final subdivision plat or building permit is issued. On or before thirty (30) days of the effective date of this Agreement, Developers shall: (i) elect to convert all impact fees previously paid in escrow, except water and sewer, to the transportation impact fee trust fund pursuant to Section 10.02.07C of the Collier County Land Development Code and pay the County one - hundred percent (100 %) of the estimated transportation impact fees due for 412,000 gross leaseable square feet of the authorized commercial uses for 1 -75 /Alligator Alley PUD and Page 3 of 9 Agenda Item No. 8F January 23, 2007 Page 176 of 203 I -75 Collier Boulevard Commercial Center PUD based upon the applicable transportation impact fee rates; and (ii) release to the County fees previously paid into the impact fee escrow trust fund for the Developments by conversion and release of estimated potable water and sanitary sewer impact fees due for the Developments. Upon payment by conversion and release of these previously escrowed estimated impact fees, County shall issue Certificates: (i) vesting in perpetuity with no- expiration date the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD for transportation concurrency respectively for 265,000 (no Certificates of Occupancy for the final 135,000 of I -75 Alligator Alley shall be issued until widening of Davis Boulevard is substantially completed in front of the PUD or January 1, 2009, whichever occurs first) and 147,000 gross leaseable square feet of the authorized commercial uses; and (ii) vesting until January 7, 2012 pursuant to Section 10.02.07 of the LDC, the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD for potable water and sanitary sewer public facilities necessary to adequately service 265,000 and 147,000 (respectively) of gross leasable square feet of the authorized commercial uses. Payment of these fees vests the development entitlements for which the Certificates applied on a perpetual basis for roads and for five years for potable water and sanitary sewer. Final calculation of any remaining road and other impact fees will be based on the impact fee scheduled in effect at the time the building permit(s) are applied for. If Developers have prepaid estimated road or water or sewer impact fees in excess of the final calculations of the amount due, Developer may apply the excess amount to any other impact fees due for the Developments. 6. All on -site and off site transportation related impacts related to the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD have been fully mitigated by Developers' contributions and impact fee payments to the County. Further, the requirements of the Transportation Element and all other provisions of the County Growth Management Plan have been met and satisfied for the Developments. The County will not withhold or delay the issuance of any development orders, building permits and/or certificates of occupancy in connection with the Developments, based on any state or local requirements related to road, water and sewer concurrency. 7. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 8. Developers acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 9. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. Page 4 of 9 Agenda Item No. 8F January 23, 2007 Page 177 of 203 10. Developers shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developers shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developers upon request. 11. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. [SIGNATURE PAGE TO FOLLOW] Page 5 of 9 Agenda Item No. 8F January 23, 2007 Page 178 of 203 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA M- , Deputy Clerk WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE UA Frank Halas, Chairman David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust The foregoing instrument was acknowledged before me this day of , 2006 by David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, who is personally — known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Page 6 of 9 11• Expiration Date WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Agenda Item No. 8F January 23, 2007 Page 179 of 203 WR -I ASSOCIATES, LTD. By: BG The Village, LLC, General Partner David H. Baldauf, as Manager The foregoing instrument was acknowledged before me this day of , 2006 by David H. Baldauf, as Manager of BG the Village, LLC, General Partner of WR -I ASSOCIATES, LTD., who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 7 of 9 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Agenda Item No. 8F January 23, 2007 Page 180 of 203 DAVIS CROSSING, LLC DAVIS CROSSING II, LLC DAVIS CROSSING III, LLC DAVIS CROSSING IV, LLC DAVIS CROSSING V, LLC DAVIS CROSSING VI, LLC DAVIS CROSSING VII, LLC DAVIS CROSSING VIII, LLC David H. Baldauf, Manager The foregoing instrument was acknowledged before me this , day of 2006 by David H. Baldauf, as Manager of DAVIS CROSSING, LLC; DAVIS CROSSING II, LLC; DAVIS CROSSING III, LLC; DAVIS CROSSING IV, LLC; DAVIS CROSSING V, LLC; DAVIS CROSSING VI, LLC; DAVIS CROSSING VII, LLC; DAVIS CROSSING VIII, LLC, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL day of Notary Public Printed Name Commission No. Page 8 of 9 2006. Expiration Date I -75 /ALLIGATOR ALLEY CPUD 1:7 COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared for: Randall Benderson 1993 -1 Trust and WR -I Associates, Ltd. Prepared by: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY AND NAPLES, FLORIDA 34110 239 -254 -2000 Exhibit A Agenda Item No. 8F January 23, 2007 Page 182 of 203 R. BRUCE ANDERSON, ESQ. ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE DRIVE TRIANON CENTER— 3RD FL. NAPLES, FLORIDA 34103 239 - 649 -2708 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals _ TABLE OF CONTENTS Agenda Item No. 8F January 23, 2007 Page 183 of 203 Page LIST OF EXHIBITS AND TABLES 11 SECTION I - STATEMENT OF COMPLIANCE, PROPERTY 1 -1 SECTION II - OWNERSHIP, LEGAL DESCRIPTION, 2 -1 SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL SECTION III - PRESERVE SUBDISTRICT 3 -1 SECTION IV - PERMITTED USES AND DIMENSIONAL 4 -1 STANDARDS FOR COMMERCIAL DEVELOPMENT SECTION V- DEVELOPMENT COMMITMENTS 5 -1 11 Agenda Item No. 8F January 23, 2007 Page 184 of 203 LIST OF EXHIBITS AND TABLES EXHIBIT "A" CPUD MASTER PLAN EXHIBIT `B" LEGAL DESCRIPTION EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC Agenda Item No. 8F January 23, 2007 Page 185 of 203 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth the intent of the I -75 and Alligator Alley Development Corporation, Inc., on 40.8 acres of land located in a part of Section 34, Township 49 South, Range 26 East, Collier County, Florida. The name of this project shall be the "I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) ". The development of the CPUD will be in compliance with the Planning Goals and Objectives of Collier County as set forth in the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial activities. 3. The subject tract is located at the intersection of Davis Blvd. (State Road 84), County Road 951, and 1 -75, which affords the site access for the placement of commercial activities. 4. The project shall be compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The proposed project is compatible with and complimentary to existing and surrounding future land uses as required by Policy 5.4 of the Future Land Use Element. Adjacent property to the west is zoned for the East Gateway PUD, a non - residential PUD, and the adjacent land to the East is Zoned C -4. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 8. The proposed development will result in an extension of Community facilities and services as required by Objective 2 and Policy 5.3 of the Future Land Use Element. 9. The project is planned to incorporate natural systems for water management purposes 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 -1 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of Agenda Item No. 8F January 23, 2007 Page 186 of 203 Interchange #9 or 347.875 acres to be developed with commercial uses. At the time of this application for rezoning, 8.35 acres is available for future retail commercial development in Interchange Activity Center #9. Therefore, the proposed CPUD can be found consistent with this provision of the FLUE. 11. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Section 6.02.01 of the Land Development Code* (LDC) and further required by policy 2.3 of the FLUE. 12. Development of the I -75 Alligator Alley CPUD will be consistent with the Activity Center #9 Interchange Master Plan. 1 -2 Agenda Item No. 8F January 23, 2007 Page 187 of 203 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The undeveloped portion of the subject property is currently owned by: Ronald Benderson and David H. Baldauf as Trustees under a trust agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd. The motel is owned by LaQuinta Properties, Inc. One fast food restaurant is owned by McDonald's Corp., and the Taco Bell restaurant is owned by Tromble and Company at the time of the Application for rezoning. 2.2 LEGAL DESCRIPTION The legal description is set forth as Exhibit `B ". 2.3 SHORT TITLE The name of this project shall be known and cited as the "I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) ". 2.4 PROJECT DEVELOPMENT — The property is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by I -75 to the north. The subject property is also located in the southwest quadrant of I -75, Exit 15 Interchange and further located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 29.4 acres more or less proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. Access to the property is provided from two access points onto Davis Boulevard. Access is also proposed to be shared with the non - residential East Naples Gateway PUD, located to the east of the subject property. A maximum of 265,000 square feet. of gross leasable space shall be permitted by this CPUD. 2.5 STATEMENT OF UNIFIED CONTROL — This statement represents that the current property owners, Ronald Benderson and David H. Baldauf as Trustees under a trust agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd have undeveloped portions of the CPUD under unified control for the purpose of obtaining CPUD zoning on the subject property with the exception of the existing motel and two existing fast food restaurants no longer under the ownership of this applicant for CPUD rezoning. The rezoning will not affect the existing development. 2 -1 SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE Agenda Item No. 8F January 23, 2007 Page 188 of 203 The purpose of this Section is to identify development standards for the preserve areas as shown on Exhibit "A ", CPUD Master Plan. 3.2 PERMITTED USES The CPUD Master Plan provides for 11.4 acres for Water Management/Preserve Area, measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. However, the Preserve Area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site. 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 in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Uses and Structures 1. Passive recreation areas. 2. Water management and water management structures. 3. Mitigation areas. 4. Boardwalks and trails that do not reduce the amount of required vegetation to be preserved. 3 -1 Agenda Item No. 8F January 23, 2007 Page 189 of 203 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 4.1 Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plan depicted in Exhibit "A". 4.2 Maximum Development Intensity: The maximum development intensity allowed shall be two hundred and sixty -five thousand (265,000) square feet of gross leasable area of office or retail uses excluding the existing motel approved for 107 units, or any future motels. The motel is a 2.14 -acre parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of dwelling units at the time the site plan was approved, and both these areas are depicted on the Master Plan. 4.3 General Description of the CPUD Master Plan: Type of Use Amount of Acres Preserve/Water Management f 11.4 acres Commercial Area ± 29.4 acres Right -of -Way ± 2.9 acres ** Other, Buffer Areas and Open Space ± 8.7 acres ** TOTAL: 40.80 acres * contains 6.12 acres of preserve /water management area to be re- vegetated ** contained within the commercial area 4.4 Uses Permitted: A. No building or structure, or point thereof, shall be erected, altered or used, in whole or in part other than the following: 4 -1 Agenda Item No. 8F January 23, 2007 Page 190 of 203 Principal Permitted Uses (Listed by SIC): DIVISION A AGRICULTURE Groups 0742, 0752 Veterinarian services, exclusive of outside kenneling DIVISION D MANUFACTURING Group 752 Commercial Printing, exclusive of newspapers DIVISION E TRANSPORTATION, COMMUNICATIONS, ELECTRIC, I- A C A Q A ATTT A R V QFWFR C Group 4225 General Warehouses and Storage, including mini warehouses Major Group 53 (Shall not be permitted immediately adjacent to the right -of- Major Group 54 way of the Interstate.) Group 4311 Post Offices as permitted in the Zoned District -C2, exclusive -Group Group 5541 of major distribution centers 4724 Travel Agents -Group Groups 4812 -4841 Communications services, including towers subject to the LDC TI TT i!\X1 / V N 1 all Ll Y •V1V1• Major Group 52 — Building Materials, Hardware, Garden Supply, Excepting Mobile Home Dealers (527) Major Group 53 General Merchandise Stores Major Group 54 Food Stores 5531 Auto and Home Supply Stores -Group Group 5541 Gasoline Service Stations Accessory Use only Group 5571 Motorcycle Dealers Major Group 56 Apparel and Accessory Stores Major Group 57 Home Furniture, Furnishings, and Equipment Stores Major Group 58 Eating and Drinking Places, subject to location requirements for sale of alcoholic beverages of the LDC Major Grou 59 Miscellaneous Retail, Excepting Fuel Dealers 598 1 . Y 1V I Major Group 60 Depository Institutions including drive - through banking Major Group 73 facilities Major Group 61 Non-depository Credit Institutions Major Group 62 Security and Commodity Brokers, Dealers, Exchange and Group 7841 Services Major Group 63 Insurance Carriers Major Group 64 Insurance Agents, Brokers and Service Major Group 65 Real Estate TIIT /ICiI / \AI 1 \HV \ /11 H\ Ll ♦ 1Viv1Y a Group 7011 Major Group 72 Hotels and Motels Personal Services, Excepting Funeral Service and Crematories (7261 Major Group 73 Business Services, Excepting Outdoor Advertising Services Major Group 75 Auto Repair including car-washes Accessory Uses only Major Group 76 Miscellaneous Repair Services Group 7841 Video rental Group 7991 Physical Fitness Facilities Groups 801, 802, 803 1 Medical Practitioners' Offices Agenda Item No. 8F January 23, 2007 Page 191 of 203 and 804 Group 8111 Legal services Group 871 Engineering, Architectural and Surveying Services Groups 8711 -8748 Professional consulting services Group 872 Accounting, Auditing and Bookkeeping Services Group 874 Management and Public Relations Services B. Outside storage and display shall not be permitted, with the exception that garden centers with covered storage of materials and products shall be permitted. C. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 4.5 General Permitted Uses: Certain uses shall be considered general permitted uses throughout the I -75 Alligator Alley CPUD except in the preserve areas. General permitted uses are those uses which generally serve the development and end users of the I -75 Alligator Alley project and are typically part of the common infrastructure or are considered community facilities. 1. Essential services as set forth in the LDC. 2. Water management, water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 5. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in this CPUD Ordinance. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this CPUD, as determined by the Board of Zoning Appeals. 4.6 Development Standards: A. Principal Structure Standards: Table 1 below sets forth the development standards for land uses within this CPUD. Standards not specifically set forth herein shall be those specified in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. 4 -3 TABLE 1 - COMMERCIAL DEVELOPMENT STANDARDS Agenda Item No. 8F January 23, 2007 Page 192 of 203 1 Front yard twenty five (25) feet setback 2 Side yard fifteen (15) feet or one -half the building height, whichever is greater setback Minimum 3 distance same as side yard requirements between structures 4 Rear yard One -half the building height as measured from an exterior wall. setback The maximum density allowed for the existing motel on Lot 6, Plat of 951 Commerce Center, Plat Book 17, Pages 1 and 2 is 26 units per acre based on it's prior SDP approval 5 Motel Density that 2.01 acres depicted on the CPUD Master Plan to achieve its allowable And intensity utilized density. For all unimproved lots the maximum floor area ratio shall be .60. Minimum floor 6 area, all commercial One thousand (1000) square feet uses 7 Maximum Not to exceed fifty (50) feet height Minimum lot 8 size Ten thousand (10,000) square feet 9 Setback from Twenty five (25) feet for principal structures and ten (10) feet for accessory structures Preserve Areas 10 Minimum Lot One hundred (100) feet Width Should industrial uses develop within this CPUD and are visible from I -75, an eight -foot masonry wall shall be provided along I -75. See Section 3.4 for permitted Industrial 11 Industrial Uses Ugh 4 -4 Agenda Item No. 8F January 23, 2007 Page 193 of 203 B. Accessory Structures: TABLE 2 - ACCESSORY STRUCTURES FRONT 20, SIDE 15' REAR 15' PRESERVE SETBACK 10' DISTANCE FROM 1/2 B.H. PRINCIPAL STRUCTURE MAX. STORIES /BLDG 2 STORIES or HT. NOT TO EXCEED 25 feet BH: Building Height GENERAL: Except as provided for herein, all criteria set forth shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. C. Landscaping All landscaping shall be in accordance with the requirements of the LDC. Perimeter buffering shall be provided in accordance with the LDC. The CPUD is not subject to the requirements of Section 4.06.02.135a of the LDC in order to allow configuration of water management areas including retention areas for all development, to allow the edge of the water body to be shown as depicted on the CPUD Master Plan. The required trees within the 25 -foot buffer shall be installed on the I -75 and CR -951 side of the berm. The existing berm will remain in its present location and will be repaired (placement of additional fill) to bring the top to the proper elevation prior to landscaping. Curvilinear plantings along the edges of those areas comprised of shrubs and grasses, which will be varied in width to give a natural appearance, shall be incorporated within the two water management pretreatment areas, as depicted on the CPUD Master Plan. The CPUD shall also meet the applicable 4 -5 Agenda Item No. 8F January 23, 2007 Page 194 of 203 requirements of Section 4.02.23 of the LDC pertaining to the Activity Center #9 Zoning Overlay District. The requirement for a 25 -foot Type D buffer along Davis Boulevard shall only be applicable to vacant lots west of the Taco Bell site. The existing ten -foot buffer in front of the Taco Bell and McDonalds sites shall remain as originally approved. (See also Deviation #3, Exhibit C) D. Common Area Maintenance: Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the property- owners' association established by the developer. E. Architectural Guidelines: All commercial development shall meet the requirements of Section 5.05.08 of the LDC including the requirements of the LDC pertaining to the Activity Center #9 Overlay District and shall be in conformance with the Interchange Master Plan for Activity Center #9. The principal buildings shall be required to have three primary facades to the north, south, and east. 4 -6 SECTION V Agenda Item No. 8F January 23, 2007 Page 195 of 203 DEVELOPMENT COMMITMENTS 5.1 Environmental Standards A. A 6.12 -acre preserve area depicted on the CPUD Master Plan shall be re- vegetated in accordance with the requirements of the LDC. B. A fence shall be installed along the perimeter of the preserve area depicted on the CPUD Master Plan in accordance with Collier County requirements until such time as the vegetation has matured. C. A Preserve Area Management Plan shall be provided to the Environmental Services Department for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. E. All conservation areas shall be designated as tracts /easements with protective covenants. If the property is platted, easements shall be dedicated on the plat to the property- owners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. Berms and swales shall not be located within preserve area boundaries. 5.2 Transportation Requirements A. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy (CO). B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and the County shall have no responsibility for maintenance of any such facilities. C. If, in the sole opinion of the County Transportation Division Staff, 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 the County before the issuance of the first CO. 5 -1 D. The adjacent development to the west has have been designed to provide shared access or interconnections with this development. The CPUD Master Plan indicates this location. The developer, or assigns, shall assure that any such shared access or Agenda Item No. 8F January 23, 2007 Page 196 of 203 interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. E. A directional median opening shall be constructed onto Joyrose Place in accordance with FDOT Standards at such time as improvements are made to Davis Blvd. that are anticipated to be made by the end of 2009. The left hand turn lane for this directional median will be approximately 390 feet in length. F. The directional median opening constructed on Joyrose Place may be temporary and subject to change or removal by FDOT at the time the Davis Boulevard widening project or future development commences. G. This CPUD shall retain water management storage and treatment for one acre of right -of -way for the six laning of Davis Boulevard. In the alternate an equivalent amount of water can be stored and treated within the water management system for the widening of Collier Boulevard if the FDOT does not have an interest in one acre of storage area for the widening of Davis Boulevard, and the County constructs at its expense the drainage conveyance system to connect to the PUDs water management system. H. This project shall be subject to the East Central TCMA requirements, which include a selection of four transportation demand management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement shall only be applicable for development that has not received a certificate of public facility adequacy. As of the date of the adoption of this ordinance, certificates had been issued for 145,000 square feet of unbuilt retail development. I. There shall be no issuance of COs for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition, unless certificates of public facility adequacy have been issued prior to the adoption of this ordinance. J. Additional interconnections or existing interconnections can be modified or added for an additional off -ramp off of 1 -75 should it be constructed at a later date. 5.3 Utility Requirements A. The CPUD is currently serviced by an 8 inch water main, as well as a 12 inch force main, both on Bedzel Circle. 5 -2 B. The developer shall contribute easements of an approximate size of 40 feet by 40 feet for two well fields at the time of the final approval of the subdivision plat or site development plan approval. The first well field is located in the northwestern most corner of the CPUD and the second well field is located about 200 feet northwest of the proposed restaurant along the eastern edge of the development. All wastewater 5.4 5.5 5.6 Agenda Item No. 8F January 23, 2007 Page 197 of 203 transmission facilities shall be set back 100 feet from these well field areas as required by FDEP. Engineering Requirements Subdivision of the site shall require re- platting in accordance with the LDC to define the right -of -way and tracts shown on the CPUD Master Plan. Water Management Requirements A. The CPUD Master Plan provides for 11.4 acres for water management /preserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. The preserve area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting. D. See also Section 5.2.G of the development commitments for transportation addressing provisions for acceptance of water from Davis Boulevard. Affordable Housing Requirement: The developer shall make a payment of fifty cents (5.50) per gross leasable square foot to the Collier County Affordable Housing Fund at the time of SDP approval. This commitment and the subsequent payments shall be credited against any subsequently adopted affordable, work force, and /or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fee, and/or other similar tax or charge, which would otherwise be applicable to the CPUD property. Gross leasable square footage attributable to the project for which COs or certificates of public facility adequacy have been issued prior to the date of adoption of this ordinance shall not be subject to this requirement. 5 -3 5.7 Land Use and Project Phasing: A. The CPUD Master Plan provides for areas of management areas, and retained vegetation areas depicted on Exhibit "A ", the CPUD Master Plan. commercial use and, water and road rights -of -way as The CPUD Master Plan is Agenda Item No. 8F January 23, 2007 Page 198 of 203 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. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build -out of the project is approximately six (6) years from the time of issuance of the first building permit, or 2012. Actual build -out will depend on market conditions. 5 -4 Agenda Item No. 8F January 23, 2007 Page 199 of 203 EXHIBIT "A" CPUD MASTER PLAN Agenda Item No. 8F January 23, 2007 Page 200 of 203 EXHIBIT "B" LEGAL DESCRIPTION A parcel of land located in the East 1/2 of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run North 00 °32'14" West along the East line of the Southeast quarter of the said Section 34 for a distance of 50.00 feet; thence run North 89'46'14" West, parallel with the South line of the Southeast quarter of the said Section 34 and along the Northerly right -of -way line of State Road 84 (previously known as State Road 858) for a distance of 455.36 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue North 89 °46'14" West along the Northerly right -of -way line of State Road 84 for a distance of 863.63 feet; thence run North 00 °26'16" West for a distance of 2,071.97 feet to a point of intersection with the Southerly right -of -way line of State Road No. 93 (Interstate 75) as the same is shown on State of Florida Department of Transportation right -of -way map for Florida State Road No. 93 (I -75) Section 03175- 2409, Sheet 6; thence run South 63 °27'12" East along said right -of -way line for a distance of 146.86 feet; thence run South 52 °20'28" East along said right- of -way line for a distance of 536.53 feet; thence run South 45'13'56" East along said right -of -way line for a distance of 645.39 feet; thence run South 23 °17'10" East along said right -of- way line for a distance of 332.81 feet; thence run South 02 °46'25" East along said right -of- way line for a distance of 630.50 feet; thence run South 11'15'19" East (South 11'12'43" East per F.D.O.T. Map) along said right -of -way line for a distance of 69.56 feet to a point located 275.00 feet North of, as measured at right angles to, the South line of the Southeast quarter of the said Section 34, and a point on the North line of that parcel of land described in O.R. Book 699 at Page 1723 of the Public Records of Collier County, Florida; thence run North 89 °46'14" West, parallel with the South line of the Southeast quarter of the said Section 34 for a distance of 157.32 FEET TO A POINT LOCATED 300.00 feet Westerly of, as measured at right angles to, the East LINE OF THE SOUTHEAST quarter of the said Section 34, and a point on the Easterly line of that parcel of land described in O.R. Book 588 at Page 1805 of the Public Records of Collier County, Florida; thence run North 00 °32'14" West, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 124.87 feet to a point on a circular curve concave to the Southeast whose radius point bears South 12 °00'29" East therefrom; thence run Southwesterly along the are of said curve to the left, having a radius of 224.66 feet, through a central angle of 78 °31'45 ", subtended by a chord of 284.38 feet at a bearing of South 38 °43'39" West, for a distance of 307.92 feet to the end of said curve; thence run South 00'32'14" East, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 102.63 feet to the beginning of a tangential circular curve, concave to the Northeast; thence run Southeasterly along the are of said curve to the left, having a radius of 25.00 feet, through a central angle of 89 °14'00 ", subtended by chord of 35.12 feet at a bearing of South 45 °09'14" East, for a distance of 38.94 feet to the POINT OF BEGINNING. Containing 40.79 acres, more or less. Agenda Item No. 8F January 23, 2007 Page 201 of 203 EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC A deviation is granted from the requirements of Section 4.06.02D. Standards, for retention and detention areas in buffer yards, referenced in Subsection of 4.06.02(D)5.a. of the LDC which states "The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges ", the referenced Standard is the re- vegetated areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre - treatment areas 2 A deviation is granted fiom Subsection 4.06.05 H of the LDC that requires the toe of the slope to be set back a minimum of five feet from the edge of the right -of- way or property line, to allow the toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Water Management District permit to be located on the property line. 3 A deviation is granted from the requirements of Subsection 4.02.23D1.a. of the LDC, Development in the Activity Center #9 Zoning District that requires a buffer 25 feet in width, (a Type "D" buffer) is only applicable to vacant lots west of the Taco Bell site. The existing ten -foot buffer in front of Taco Bell and McDonald's site shall remain ter 10 feet in width as originally approved and developed. Agenda item No. 8F January 23, 2007 Page 202 of 203 ORDINANCE NO. 07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUTY FLORIDA, 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 OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY FROM I -75 /ALLIGATOR ALLEY PLANNED UNIT DEVELOPMENT "PUD" TO I -75 /ALLIGATOR ALLEY COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD ", TO REDUCE THE SIZE OF THE PRESERVE /WATER MANAGEMENT AREA FROM 15 ACRES CURRENTLY REQUIRED BY THE PUD TO 10.58 ACRES; TO DELETE RESIDENTIAL USES AS A PERMITTED USE; TO PROVIDE A NEW LIST OF COMMERCIAL USES COMPARABLE TO THOSE ALLOWED IN THE C -1 THROUGH C -4 COMMERCIAL DISTRICTS, WITH SIC CODES; MODIFY THE PUD MASTER PLAN TO DEPICT THE FOOTPRINTS OF EXISTING LAND USES AND CONCEPTUAL FOOTPRINTS FOR UNDEVELOPED TRACTS; TO MODIFY THE CIRCULATION SYSTEM; TO ESTABLISH A MAXIMUM NUMBER OF SQUARE FEET ALLOWED TO 265,000; TO RELOCATE THE EXISTING WESTERN ENTRANCE 50 FEET TO THE EAST; AND TO DELETE THE 50 FOOT PERIMETER SETBACK, FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN PROXIMITY TO THE INTERSECTION OF COLLIER BOULEVARD AND I -75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 89 -82, AS AMENDED, THE FORMER I -75 /ALLIGATOR ALLEY PUD; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole Montes, Inc., representing Ronald Benderson et al, Trustees, c/o David H. Baldauf at Benderson Dev. Co., Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ -A- 2004 -AR -6417. NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioners of Collier County, Florida that: SECTION ONE: The Zoning Classification of the subject real property described in Section 11 of the PUD Page 1 of 2 Document, located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from I -75 /Alligator Alley PUD to 1 -75 /Alligator Alley CPUD to reduce the size of the preserve /water management area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C -4 Commercial Districts, with SIC codes; modify the PUD Agenda Item No. 8F January 23, 2007 Page 203 of 203 Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum number of square feet allowed to 265,000; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback, described in Section II of 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, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 89 -82, as amended, known as the I- 75!Alligator Alley PUD, adopted on November 29, 1989, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this day of 12007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN Approved as to form and legal sufficiency Marjorie M. Student - Stirling Assistant County Attorney PUDZ -A- 2004- AR- 64171MJDJsp Page 2 of 2 Agenda Item No. 8G January 23, 2007 Page 1 of 516 EXECUTIVE SUMMARY Petition: PUDEX- 2006 -AR -9610 G.L. Homes of Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2 -year PUD Extensions for the Terafina PUD (Ordinance 04 -15) which is scheduled to sunset on March 9, 2007. The subject property consists of 636,8 acres and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider a request for two 2 -year extensions of the development time limit of the Terafina PUD, ensuring that the project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: Section 10.02.13.D of the Land Development Code (LDC) requires the Planned Unit Development (PUD) property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted and every year thereafter. The purpose of the report is to evaluate whether or not the project has commenced in earnest with the time limits for approved PUDs. For PUD projects approved prior to October 24, 2001, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by Section 10.02.13.1), then the PUD has "sunsetted." The LDC allows PUD projects to be considered for up to two, 2- year extensions. This petition seeks approval of two 2 -year extensions for a term of four years. This extension would allow the applicant four years to obtain necessary development approvals in order to develop under the existing PUD approval. This project is a 636.8 acre project that was re -zoned from PUD to PUD on March 9, 2004 by means of Ord. 2004 -15 (Exhibit A) which repealed, in its entirety, the original Terafina PUD Ord. 2001 -71. There was a Scrivener's Error Ord. 2004 -69 that corrected Ord. 04 -15 that had omitted the zoning atlas map; then Ord. 2005 -06 provided for a Scrivener's Error amendment to correct Ord. 04 -69 which incorrectly referenced the zoning atlas map and Land Development Code. This PUD is scheduled to sunset on March 9, 2007 and if the extension request is approved the applicant will have four years from the date of its expiration which would be March 9, 2011. Svnopsis of Approved Land Uses: The Terafina PUD is approved for 850 mixed use residential dwelling units which will consist of r^ single - family detached dwellings, two - family and duplex dwellings, town -homes and multi- family dwellings as well as garden apartments. As part of this extension request, no changes are PUDEX -06 -AR -9610 Terafina PUD January 23, 2007 BCC Page 1 of 6 Agenda item No. 8G January 23, 2007 Page 2 of 516 proposed to the PUD's land use nor are any changes proposed to the Master Plan. The PUD would retain the approvals that were granted in 2004; any changes would require a separate amendment request. Also, the PUD is approved for a maximum of five thousand (5,000) square feet of Convenience Commercial/Neighborhood Village Center Uses that are located within the Recreational Center/Neighborhood Village Commercial Center depicted on the Master Plan and the commercial uses that are permitted are listed in Section 7.4.G of the PUD document. Consistency with the Collier County Growth Management Plan (GMP): Conservation and Coastal Management Element: Section 10.02.13.1) of the LDC requires the Board of County Commissioners (BCC) to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the BCC: 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC 10.02.13.D.6.b.i); and No changes to the GMP have been adopted that would make the previously approved PUD inconsistent to the density and intensity and concurrency requirements. The PUD preserve location as defined in the PUD and displayed on the Master Plan is consistent with GMP Policy 6.1.1. because the Master Plan illustrates the preserves on the eastern portion of the property meet the requirement for the largest contiguous area. Furthermore, South Florida Water Management District ( SFWMD) has approved the environmental resource permits for this PUD with the flow -way because it is still being required by the SFWMD and United States Army Corps of Engineers (USACE) as a natural flow -way and since the PUD exceeds the required amount of preserve, the smaller preserve areas in the western portion of the PUD would stay preserves but not count towards the county requirement. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC 10.02.13.D.6. b. ii); and The Terafina PUD land uses approved pursuant to Ordinance 04 -15 remain compatible with existing and proposed uses in the area. 3. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities (LDC 10.02.13.D.6. b.iii). The Terafina PUD document requires the flow -way as part of the current Master Plan because the flow -way will be utilized as a natural flow -way to ameliorate the stormwater PUDEX -06 -AR -9610 Terafina PUD January 23, 2007 BCC Page 2 of 6 Agenda item No. 8G January 23, 2007 Page 3 of 516 management for the area. Based upon the above analysis the proposed extension will not place an unreasonable burden on essential public facilities and is still consistent with the GMP. Future Land Use Element: The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits a variety of residential development types at a base density of four (4) dwelling units per acre, subject to the Density Rating System; limited commercial uses within a residential PUD, subject to criteria; and other non residential uses such as open space and recreational uses. Review of the Density Rating System yields the subject site is eligible for a density of 4 dwelling units per acre. The PUD was approved at a density of 1.3 units per acre and deemed to be consistent with the density rating system at the time of approval. In addition, the commercial uses were deemed consistent with the PUD Neighborhood Village Center Subdistrict of the Future Land Use Element. No changes are proposed to this PUD and there have been no amendments to the Growth Management Plan since the time that the PUD was approved that would affect the approved density or uses. Based upon the above analysis the proposed extension may be deemed consistent with the Future Land Use Element. Transportation Element: The Transportation Services Division has recommended approval of the PUD Extension because the project is consistent with Policy 5.1 and 5.2 of the Transportation Element of the GMP as well as being consistent with the Metropolitan Planning Organization (MPO) Long Range Transportation Plan. Based upon the above analysis the proposed extension may be deemed consistent with the Transportation Element. Staff Analysis: The subject property is located north of Immokalee Road on the east side of what will be the future extension of Logan Boulevard. North of Terafina is Parklands DRI (Ord. 03 -42), which is approved for 1,603 residential dwelling units at a gross density of 2.5 units an acre; south of the subject property is Olde Cypress DRI which is approved for 1,100 residential dwelling units at a gross density of 2.10 units an acre; bordering the west of the subject property is Mirasol PUD approved for 799 residential dwelling units at a gross density of 0.51 units an acre which abuts the eastern edge of Heritage Bay DRI. The proposed extension of Logan Boulevard and the associated previously Board approved Developer Contribution Agreement (DCA) for the construction of Logan Boulevard between the County and the developers of this PUD as well as PUDEX -06 -AR -9610 Terafina PUD January 23, 2007 BCC Page 3 of 6 Agenda Item No. 8G January 23, 2007 Page 4 of 516 the Parklands, Olde Cypress and Longshore Lakes PUDs could be directly impacted if this PUD extension is delayed or denied. The developer has sought approvals for the PUD since 2001. The South Florida Water Management District ( SFWMD) permit was approved in 2002 (Environmental Resource Permit [ERP] permit 11- 02055 -P). The applicant received a modification to the ERP permit in 2006, authorizing construction and operation of a surface water management system. The modification alters the ERP permit by removing the flow -way from the east preserve area and proposing a revised surface water management system. The initial USACE permit application was not approved. The developer submitted applications in 2003 for a Site Development Plan to excavate and construct the flow -way through the PUD that would eventually connect to the proposed flow -way in the adjacent Mirasol PUD. The flow - way was proposed along the eastern property line and was designed to help drainage, water flow and stormwater management in the area, which was projected to reduce flooding. On June 2, 2006 the USACE approved the modified wetland and environmental impact permit for the PUD excluding the man-made flow -way and with compensatory mitigation which consists of an on -site, 283.98 acres, preserve. The permit also includes off-site preserves consisting of 107 acres in Hendry County, and the purchase of 8.74 credits at Big Cypress Mitigation Bank. The permit mandates the mitigation area shall be created by the enhancement of 153.97 acres of wetland through mechanical removal of exotic vegetation, grading and planting with native species, creation of 22.51 acres of upland preserve and the creation of 2.53 acres of wetland buffer. Also the on -site mitigation areas will be enhanced, maintained, managed and preserved in perpetuity. The permit also requires off -site mitigation for unavoidable wetland impacts by purchasing 154 acres within the Corkscrew Regional Ecosystem Watershed Trust (CREW). The Environmental Services Department has found that the PUD documents meet the requirements for the largest contiguous preserve area as defined in Section 6. 1.1 of the GMP and Section 3.05.07 of the LDC. Staff approved the conceptual Master Plan because the proposed flow -way was recommended by the SFWMD as a natural flow -way and because the preserve that is located in the eastern portion of the PUD meets the criteria of the GMP. It should be noted that in Section 8. LA, of the PUD document it provides the developer the latitude to reconfigure the required preserves at the submittal of the first plat or plans and as such, staff shall assure that the developer shall comply with the modified State and Federal permits as well as all applicable GMP and LDC regulations. All preservation areas shall be designated as preservation areas on all construction plans and shall be recorded on the plat with protective covenants per Florida Statutes. Additionally, pursuant to the language in the PUD document under 8.1.F, the applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. As such, staff has determined that the developer has the latitude to modify the preserve designations at plan and plat submittal. The Conservation and Coastal Management Element of the GMP provides the guidelines that are used by staff to review development petitions. These guidelines provide a general analytic framework from which to assess applications. The GMP requires staff to perform environmental PUDEX -06 -AR -9610 Terafina PUD January 23, 2007 BCC Page 4 of 6 Agenda Item No. 8G January 23, 2007 Page 5 of 516 review of development projects and rezone actions to determine if they may have a significant effect on the environment. The LDC also has guidelines for potential environmental impacts which set forth the criteria and processes that developers are to follow for any development projects or other actions within the County. The basis Environmental Staff used to review Terafina's PUD Extension application was: does the flow -way preserve consist of native vegetation? If it does then staff reviews the application if the flow -way area consists of priority habitats`? If it does then staff can accept the area as a County preserve. If the flow -way preserve does not consist of native vegetation then staff will inquire if the flow -way was required by Federal or State agencies. If it was not required by another agency then the flow -way is rejected as a County preserve. If the flow -way was required by another jurisdictional agency, as the circumstance of Terafina, then staff will require the applicant to remove the non - native vegetation and re- create with LDC required vegetation and staff can accept the area as a County preserve. The Statement of Compliance of the PUD document states the Terafina PUD will be in compliance with the goals, objectives and policies of Collier County set forth in the GMP. The Preserve Area Requirements in Section 5 of the PUD document contain language that provide for minor adjustments to the boundaries of the preserve areas based on wetland permitting considerations. The LDC Section 3.05.07.H.e. (d) allows for the location of preserves to be acceptable with the flow -way when it is required by other jurisdictional agency permits. Since the flow -way will be utilized as a natural flow -way then the applicant is able to utilize the LDC criteria for created preserves to qualify for the flow -way. Additionally, the petitioner has obtained permits from SFWMD and USACE which allow the preserves to remain in the same location as depicted on the PUD Master Plan. The USACE requires the applicant to mitigate and provides an avenue whereby the impacts can be subsequently mitigated which meets the created preserve requirements of the LDC. The GMP is a multi - faceted document designed to serve as the County's guide for future growth and development. The GMP makes policy choices for the County and provides a flexible framework for adapting to real conditions over time. Florida state law requires all development applications including rezoning to be consistent with the Comprehensive Plan. Since the PUD document states the PUD shall be subjected to all GMP regulations at time of development order, the PUD will go through an extensive review during the Site Development Plan process or during Plans /Final Plat Review. At that time the developer will have to act in accordance with the county's GMP and LDC regulations. FISCAL IMPACT: If the PUD extension is approved the developer will be responsible for the costs above and beyond the current committed impact fees which are currently estimated at a level of $7,528,875. If the extension is denied, Logan Boulevard from Vanderbilt Beach Road to Immokalee Road would not be funded. The BCC approved a Developer Contribution Agreement (DCA) with G.L. Homes of Naples for the design and construction of Logan Boulevard in exchange for vesting PUDEX -06 -AR -9610 Terafina PUD January 23, 2007 BCC Page 5 of 6 Agenda Item No. 8G January 23, 2007 Page 6 of 516 and impact fee credits. The DCA was to advance the design and construction of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road. G.L. Homes is advancing $7,528,875 in road impact fees to construct Logan Boulevard. The developer has completed the design of the two lanes and obtained the permits and necessary right -of -way acquisition to build the roadway. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based, which is found in LDC Section 10.02.13.D.6.b. A summary of the legal considerations and findings is noted below: • The PUD document and the Master Plan (Exhibit A) remain consistent with the current Future Land Use Element including, but not limited to, density and intensity requirements and is consistent with the current Conservation and Coastal Management Element consistency requirements of the GMP ; and The PUD document and the Master Plan are consistent with the current GMP; and • The approved development is compatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and • Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve petition PUDEX- 2006 -AR- 9610 based on the Developer's inability to obtain other governmental entities permit approval. The basis for the approval is for the reason that the developer has been actively pursuing USACE approval since February 12, 2001 and this has prevented the applicant from pursuing any development order within the County. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review PUDEX -06 -AR -9610 Terafina PUD January 23, 2007 BCC Page 6 of 6 Agenda Item No. 8G January 23, 2007 Page 7 of 516 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: SG Item Summary: This item was continued from the November 14, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEk. 2006 -AR -9610 G.L. Homes of Naples II Corporation represented by Robert Duane, of Hole Montes, is requesting two 2 -year PUD Extensions for the Teraftna PUD (Ordinance 04 -15) which is scheduled to sunset on March 9. 2007. The subject property consists of 536.8 acres and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek, in Section 16. Township 48 South, Range 26 East. Collier County, Florida_ Meeting Date: 1123,2007 900:00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 10!2612006 1:10:04 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/9/2007 1:08 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 1/1012007 8:30 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 111012007 9:21 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1!1012007 9:23 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 111012007 1:38 PM Approved By Jcff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 111012007 3:56 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 111012007 7:55 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/1112007 1:38 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/1212007 3:43 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/3/2007 12:02 PM (D r-- (.0 a CO CD ON z O � CJ 00 (ll CQ C6 tQ C d C � aJ Q u$ w O F- Q tb U O J a� o� `41 a� og �g o� rvx m ia+ / 7 r. 0 z Z 0 N W C� G Z _0 H U 0 0 CD 4 cp 0 0 N x LL O CL 4t z 0 h W .. ^ n7 fl g w 0 SV U ¢ O 6 ownnnoe minoo sse vn a AM'J 77N: g�33 �'R ? g��iyF9kj+ p yy o � i p� U t W � wl" - 3 Y IO.L. « w- 301sauu enn .wwnw a J,m smo+ xsun� 3 } 21 my straw Ilk- lv- 3 r. 0 z Z 0 N W C� G Z _0 H U 0 0 CD 4 cp 0 0 N x LL O CL 4t z 0 h W COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET mid Agenda Item No. 8G January 23, 2007 Page 9 of 516 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4127106 MELISSA ZONE NAME OF APPLICANT(S) KEVIN RATTERREE, VICE PRESIDENT OF G.L. HOMES OF NAPLES II CORPORATION, THE GENERAL PARTNER OF G.L. HOMES OF NAPLES ASSOCIATES II, LTD. ADDRESS — 1600 SAWGRASS CORPORATE PARKWAY SUITE 300 CITY: SUNRISE STATE FLORIDA ZIP 33486 TELEPHONE # 954 753.1730 CELL # E -MAIL ADDRESS: KEVIN.RATTERREE(U)GLHOMES.COM AX # 954 575 -5240 NAME OF AGENT ROBERT DUANE ADDRESS 950 ENCORE WAY CITY NAPLES STATE FL _ZIP 34110 TELEPHONE # 239 254 -2049 CELL # FAX # 239 254 -2099 E -MAIL ADDRESS: BOBDUANEnu HMENG.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PUD Extension Applieetion Agenda Item No. 8G January 23, 2007 Page 10 of 516 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION(S) AFFILIATED WITH THIS PETITION. PROVIDE ADDITIONAL SHEETS IF NECESSARY. NAME OF HOMEOWNER ASSOCIATION: OLDS CYPRESS PROPERTY OWNERS HOME ASSOCIATION MAILING ADDRESS: MS. CAROL WILSEY, PRESIDENT 889 111TH AVE NORTH #202 CITY NAPLES, STATE FL ZIP 34108 NAME OF HOMEOWNER ASSOCIATION: QUAIL WEST MAILING ADDRESS: MS. SANDRA HESSE, PRESIDENT 5950 BURNHAM RD CITY NAPLES, STATE FL ZIP 34119 NAME OF MASTER ASSOCIATION: OLDE CYPRESS MASTER MAILING ADDRESS MS. SANDY HOULDSWORTH, ASSOCIATION MANAGER 4501 TAMIAMI TRAIL NORTH SUITE 300 CITY NAPLES, STATE FL ZIP 34103 NAME OF CIVIC ASSOCIATION: LONGSHORE LAKES FOUNDATION MAILING ADDRESS MR. TED MONTY, GENERAL MANAGER, 11399 PHOENIX WAY CITY NAPLES STATE FL ZIP 34119 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 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address PUD Extension Application Percentage of Ownership NIA Agenda Item No. 8G January 23, 2007 Page 11 of 516 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 Ownership N/A 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 G.L. Homes of Naples Associates II, Ltd. By: G.L. Homes of Naples II Corporation, General Partner (See attached affidavit) PUD Extension Application Agenda Item No. 8G January 23, 2007 Page 12 of 516 STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned Notary Public, personally appeared N. Maria Menendez (the "Affiant"), to me well known to be the person who made and subscribed the following Affidavit, who, upon being first by me duly swom on oath, deposed and said as follows: 1. Afflant Is the Vice President of G.L. HOMES OF NAPLES 11 CORPORATION, a Florida corporation, the sole general partner of G.L. HOMES OF NAPLES ASSOCIATES 13, LTD., .a Florida limited partnership (the "Partnership ") and as such has personal knowledge of the business and affairs of said Partnership and of all facts stated hereunder, 2. The sole general partner of the Partnership Is G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation (the "Corporation "), having an address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323. (a) The sole shareholder of the Corporation is G.L. HOMES OF FLORIDA HOLDING CORPORATION, a Florida corporation ( "Florida Holding"), having an address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323. (b) The sole shareholder of Florida Holding is Itzhak Ezratti, having an address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323. 3. The limited partners of the Partnership are: (a) G.L. HOMES OF FLORIDA LIMITED CORPORATION, a Florida corporation ( "Florida Limited "), having an address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323; and (b) RESIDENTIAL FUNDING CORPORATION, a Delaware corporation ( "RFC "), having an address of 8400 Normandale Lr Boulevard, Suite 250, Minneapolis, Minnesota 55437. (a) The sole shareholder of Florida Limited is Florida Holding, having an address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323. (1) The sole shareholder of Florida Holding is Itzhak Ezratti, having an address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323. (b) The sole shareholder of RFC is RESCAP CORPORATION, having an address of 8400 Normandale Lake Boulevard, Suite 250, Minneapolis, Minnesota 55437. (1) The sole shareholder of RESCAP CORPORATION is GENERAL MOTORS ACCEPTANCE CORPORATION, having an address of 6400 Normandale Lake Boulevard, Suite 250, Minneapolis, Minnesota 55437. 4. This Affidavit is made and given In connection with that certain application for a Development Order Extension for the Terafina PUD by the Partnership, This Affidavit Is made under penalties of perjury. In addition, Affiant declares that Afflant has examined this Affidavit and to the best of Affiant's knowledge and belief It is true, correct, and complete, Affiant further declares that Affiant has the authority to execute this Affidavit on behalf of the Partnership. 5. Afflant is executing this Affidavit solely in her capacity as Vice President of the general partner of the general partner of the Partnership, and no resort shall be had to any of Aftiant's personal assets on account hereof. 6. This affidavit is being given to correct an in inadvertent inaccuracy contained in paragraph 3(b) of the Affidavit previously delivered to Collier County In connection with that certain application for a Development Order Extension for the Terafina PUD by the Partnership, a copy of whir` Is attached hereto as Exhibit "A". Agenda Item No. 8G January 23, 2007 Page 13 of 516 G.L. HOMES OF NAPLES ASSOCIATES 11, LTD., a Florida limited partnership G.L, H¢Mpt -QF NAPLES It CO POF2ATION, a 1 loridE corpofation, it a dral Pilanca ' 6y: Mary MgrnendezYjVi President. SWORN TO AND SUBSCRIBED before me this�HsA day of March, 2406. ' Notary Public, State of FloCidco Commission No.: Y � Anna E. Ernst * Commission # DD45d514 11 OExpires July 25, 2009 .. Mx troy FW • kfYyr M*' NG 000-V&7019 Personally known to me, or Produced Identification 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 NIA Percentage of Ownership Agenda Item No. 8G January 23, 2007 Page 14 of 516 Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ® leased ❑ Term of lease 3/5/2003 yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: N/A Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. .. -.- ac- .+- ;_sS;� � x. . - V.. var. - , .� c�_ v�wsG� >.Ft�- �"'3!,j• .— 7. �c.��"`— �'.i..:.�''G' �-c #rs4s`� ��;i Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible For supplying the correct legal description. If questions arise concerning the legal description, an engineers certification or sealed survey may be required. PUD Extension Application Seciion /Township /Range 16 / 48S / 26E Lot: __ Block: ---- _--- Subdivision Agenda Item No. 8G January 23, 2007 Page 15 of 516 Plat Book Page #: Property I.D. #: 00183600000 Metes & Bounds Description: All of Section 16, Township 48S, R 26E, Collier County FL less and except the westerly 80 ft. thereof. Size of property: 5280 ft. X 5260 ft, = Total Sq. Ft. 2,777,280 Acres 636.8 Address /general location of subject property: One mile north of Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek Zoning land use N PUD Parklands Vacant S PUD /Olde Cypress ess Residentiai/Golf Course E PUD Morasol Vacant_ W PUD Quail WestfGolf Course Does the owner of the subject properly own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range N/A Lot: Block: Subdivi Plat Book Page #: Property 1.0 Metes & Bounds Description: Has this Master Plan received any previous extension(s)? ❑ YES ® NO If YES, please indicate the date of approval(s) and submit a copy of the Board of County Commissioners' approval. Was the planned development proposed For two or more phases? ❑ YES ® NO If YES, please provide a copy of the approved phasing schedule. PUD Extension Application Agenda Item No. 8G January 23, 2007 Page 16 of 516 Has the Master Plan sunsetted? ❑ YES ® NO If NO, please indicate the date that it will be sunsetted: March 9, 2007 and explain why the Master Plan will be allowed to sunset: The PUD is not proposed to sunset. If YES, please explain why the Master Plan was allowed to sunset: See cover letter Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that occurred before the master plan was vacated. Terafina was originally rezoned by ordinance 01 -71 and subsequently rezoned by ordinance 04 -15. Is the extension requested for: ❑ the entire original development, or ❑ phase(s)? If for phases, please indicate the phase number(s): Please explain how the Master Plan remains consistent with the current Comprehensive Plan, including density, intensity and concurrency requirements. Please see cover letter Please explain how the development proposed by the Master Plan remains compatible with existing and proposed uses in the surrounding area in view of development approvals issued subsequent to the original approval of the Master Plan. Please see cover letter Does the development shown on the Master Plan place an unreasonable burden on essential public facilities? Please explain. See cover letter PUD Extension Application Agenda Item No. 8G January 23, 2007 Page 17 of 516 -wry- 4f .^, r C[�,lr "1+.w? ;C-.� I_ _.sue,. -�-+ J... r __ ✓:_ 1'y.....4tF'..�� ' J,r^- t1. Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. Include any additional materials and documentation in support of the request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many commun €ties 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. Previous land use petitions on the subject roperty: To your knowledge, has a public hearing been held on El property within the last year? Yes No If so, what was the nature of that hearing? A Developer Contribution Agreement is scheduled to go before the S.C.C. in 2006 for this P.U.D. Hearing will liked be held before this application is scheduled 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 appllcation 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 10.03.05.Q.) GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre - application meeting. GENERAL APPLICATION To be completed in full. PRE - APPLICATION MEETING NOTES Provide copies of notes taken at pre - application meeting PROJECT NARRATIVE Provide a written statement describing how the criteria listed in subsection 10.02.12 of the Land Development Code have been met. PUD Extension Application Agenda Item No. 8G January 23, 2007 ADDRESSING CHECKLIST FORM Page 18 of 516 Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 PUD DOCUMENT Original PUD approval ordinance. FEES Required fee in the amount of $1,000.00 per current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. AERIAL PHOTO 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. Sold 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 3.05.07). OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. MASTER PLAN Master plan no larger that 24" X 36 ", drawn to a maximum scale of 1 Inch equals 400 feet, [and one reduced 8 1/2" X 1 1" copy] depicting the following: 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 PUD Extension Application Agenda Item No. 8G OTHER January 23, 2007 Page 19 of 516 After initial review of the request, staff will determine what if any additional information rhay be required to substantiate the request. The applicant's agent will be notified. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees PUD Extension Application Agenda Item No. 8G January 23, 2007 16 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Conies ® 18 Completed Application ® 18 Pre - Application Meeting Notes ® 18 Master Plan 24" X 36" ® 18 Master Plan 8 1 /s" X 11" (See Exhibit A in Ordinance 04 -15) ® 18 Approved PUD Ordinance (Ordinance 04 -15) ® 18 Warranty Deed or Contract for Sale (See Exhibit B in Ordinance 04 -15) 918 Owner /Agent Affidavit, signed & notarized 2 Aerial Photos with Habitat Areas Identified (See FLUCCS & wetland aerial) ® 2 Addressing Checklist ® Required Fees (See enclosed check # 00000814) ® 18 EIS (older than 5 years ok for this purpose per environmental reviewer) ® 18 Traffic Impact Statement (See 2001 traffic study) ® 18 Utility Provision Statement (See Mr. Duane's narrative) 2 Current Listed Species Survey ® 18 Proposed DCA Agreement As the authorized ageut/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent /Applicant Signature PUD Extension Application Date Agenda Item No. 8G January 23, 2007 Page 21 of 516 RESOLU'T'ION 07- A RESOLUTION BY THE BOARD OP COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02,13.1).OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, GRANTING APPLICANT'S REQUEST FOR TWO 2 -YEAR PUD EXTENSIONS FOR THE '1'E12AFINA PUD (ORDINANCE 04 -15), WHICH IS SCHEDULED TO SUNSET ON MARCH 9, 2007, THEREBY EXTENDING THE CURRENI' PUD APPROVAL TO MARCH 9,2011; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Terafina PUD, Ordinance 04 -15 adopted on March 9, 2004, is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the Terafina PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to grant Applicant's request for two 2 -year PUD Extensions for the Terafina PUD (Ordinance 04 -15), which is scheduled to sunset on March 9, 2007, thereby extending the PUD until March 9, 2011. NOW, THEREFORE BE IT RESOLVED by The Board of County Commissioners of Collier County, Florida, that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02,13,1), of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to March 9, 2011, at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE 1'I' FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted, This Resolution adopted after motion, second and super majority vote. Done this ATTEST; DWIGIPT E. BROCK, Clerk day of 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Al rov as to Form Jeff v rKl..kw Sufficiency; Assistant County Attorney AR- 961ONZ T/sp , CHAIRMAN Agdd7g4i`i4t k January 23, 2007 Page 22 of 516 ORDINANCE NO. 04- 15 AN ORDINANCE AMENDING .ORDINANCE ` NUMBER 91 -102, THE COLLIER COUNTY LAND = , DEVELOPMENT CODE, WHICH INCLUDES THE ; COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER j COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8616N AND BY "= CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TERAFINA PUD, FOR PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALFE ROAD (CR 846), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS PUD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, _ FLORIDA, CONSISTING OF 637 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 01 -7I, THE FORMER TERAFINA PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole Monies, Inc., representing GLH Development LLLP, 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 QNE: ) The zoning classification of the herein described real property located in Section 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" 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 Official Zoning Atlas Map Numbcr 8616N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly, SECTION TWO: Ordinance Number 01-71, known as the Terafina PUD, adopted on November 27,20-01, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page I of 2 PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE Agenda Item No. 8G January 23," 2007 Page 23 of 516 KZL" 4x1. This Ordinance shall becomc effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Cornmissioners of Collier th County, Florida, this _1___ day of HA(d) , 2004. Dyitl(1j R &- ,TOCK, CLl?RTC Ot s At;4Opiovecl;as to orm and Legal Sufficiency MMar�ori .Student 10.6 6 Assistant County Attomey ru1)2,2oa3- AR41:erxnndsp BOARD OF COUNTY COMNUSSIONERS COLLIER COUN'T'Y, FLORIDA BY: Ci� $0,7� DONNA FIALA, CHAIRMAN Page 2 of 2 This ordinance filed with the secretory of State's Office the I day of`123=4y allc and acknowledgement of that filing received this aR & day of -ft B o.oer ewok Agenda Item No. 8G January 23, 2007 Page 24 of 516 TERAF[NA A PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 1995087 REVISED BY HOLE MONTES ON JULY 25, 2003 REVISED BY HOLE MONIES ON NOVEMBER 29, 2001 REVISED BY COLLIER COUNTY ON OCTOBER 23, 2001 REVISED AUGUST 9, 2001 REVISED JULY, 2001 REVISED JUNE, 2001 REVISED FEBRUARY, 2001 DECEMBER, 2000 Date Reviewed by CCPC: Date Approved by BCC: a!- �� Ordinance No. -f 5, Amendments & Repeals 01- n i Exhibit "A" F:TUD Documen1s \Tcmfina"- 1I- 04c1ran.doc tY� Agenda Item No. 8G January 23, 2007 Page 25 of 516 TABLE OF CONTENTS Exhibit A - PUD Master Plan Exhibit B — Legal Description Exhibit C — Cross Section of Shared Buffer Area between the Olde Cypress PUD and Terafina FAPUD Documents `Tcrafna\3- 11- 04ciean.doc 2 Page SECTION I ... Statement of Compliance ................................ ..............................3 SECTION U Property Ownership, Legal Description., Short Title and Statement of Unified Control ........ ............................... ..............4 SECTION III Statement of Intent and Project Description ..... .... ........................5 SECTION IV General Development Regulations............ ......... ..............................6 SECTION V Preserve Area Requirements ................. ............................... ........16 SECTION VI Permitted Uses and Dimensional Standards for Residential Development........., ........ ...................................................... .............................18 SECTION VII Permitted Uses and Dimensional Standards for the Recreation Center. andCommercial Uses ...................................... .............................22 SECTION VIII Development Commitments.............. ................ .............................27 EXHIBITS Exhibit A - PUD Master Plan Exhibit B — Legal Description Exhibit C — Cross Section of Shared Buffer Area between the Olde Cypress PUD and Terafina FAPUD Documents `Tcrafna\3- 11- 04ciean.doc 2 Agenda Item No. 8G January 23, 2007 Page 26 of 516 SECTION i STATEMENT OF COMPLIANCE The development of 636.8 acres of property in Section 16, Township 48 South, Range 26 East Collier County, Florida, as a Planned Unit Development to be known as the Terafina PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential component 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. The property is located in the Urban Mixed Use District, Urban Residential Sub - district as depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management PIan, which allows up to four (4) dwelling units per acre at this location or a maximum of 2,586 dwelling units. The proposed density is based on the original acreage contained in the PUD (646 acres at the time ofthe initial zoning approval) prior to the dedication of f9.2 acres for the extension of Logan Boulevard along the Terafina Logan Boulevard road frontage. The total number of dwelling units proposed is eight hundred and fifty (850) on f168 acres proposed for residential use. 2. 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. 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. 4. improvements are planned to be in compliance with applicable landdevelopment regulations asset forth in Objective 3 of the Future Land Use Element. 5. 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. 6. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. 7. All final development orders for this project are subject to the Collier County ConeurrencyManagement System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code (LDC) and further required by Policy 2.3 of the Future Land Use Element. 8. The proposed 5,000 square feet of Convenience Commercial/Neighborhood Village Center Uses located within the Recreational Center/Neighborhood Village Commercial Centerdepicted on thePUDMaster Plan is consistent with the Future Land Use Element PUD Neighborhood Village Center Subdistrict. FAPUD DocumentswcrafinaU -1 E- 04clean.doc Agenda Item No. 8G January 23, 2007 -Page 27 of 516 SECTION R PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PHYSICAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 ProueM Ownership The property to be rezoned is owned by: GLH Development, L.L.L.P. By- G.L. Homes of Naples Associates U, Ltd., the General Partner of GLH Development, L.L.L.P. By: G.L. Homes ofNaples If Corporation, the General Partner of G.L. Homes of Naples Associates II, Ltd. 2.2 Legal Description The property to be rezoned is described as foIIows: Section 16, Township 48 South, Range 26 East, Collier County, Florida, less and except the west 80' thereof (conveyed to Collier County by that certain Warranty Deed recorded in Official R.ecordBook 3052, Page 0750), and, more particularly described in Exhibit "B" 2.3 General Description of Property The property is located approximately 1.5 miles east of 1 -75, and 1 mile north of Immokalee Road. Physical Description j The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (3) Malafar Fine Sand; (7) Irnmokalee Fine Sand; (14) Pineda Fine Sand.and Limestone Substratum; (2 1) Boca Fine Sand; and (25) Boca, Rivieria, Limestone Substratum, and Copeland Fine Sands, depressional (16) Oldmar Fine Sand (10) Oldsmar Fine Sand Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was PUD. 2.4 Short Title This Ordinance shall be known and cited as the "Teraf na Planned Unit Development Ordinance ". 2.5 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. 4 FA1PUD Documents \Terafina\3- 11- 04ciean.doc Agenda Item No. 8G January 23, 2007' Page 28 of 516 SECTION III 0 STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this Document is to set forth the regulations for the future development ofthe project that meet accepted planning principles and practices, and implement the CoUier County Growth Management Plan. 3.2 Project Description The project contains 636.8 acres and includes land area for residential development including preservation areas comprising (±277.74 acres). The maximum number of dwelling units permitted is eight hundred fifty (850). The project will be developed as a mixed use residential community which may feature an array of dwelling types and a recreation center providing for activities such as community gatherings and recreational amenities central to the community residents, including convenience commercial uses. Access will be provided from an existing sixty-foot (60') wide easement (recorded in O.R. Book 2429, Pages 0275 -0282 of the Public Records of Collier County Florida) that runs from Immokalee Road north to the southern property limits of the Terafina project, from there accesswill be provided.. ' 1 from an existing 80' right -of -way conveyed to Collier County by that certain Warranty Deed lI recorded in Official Record Book 3052, Page 0750 (in compliance with Paragraph 82.H of Ordinance Number 01 -71 (the original Terafina PUD Ordinance) Iocated along the western property line thus providing access to the south to Immokalee Road and future access for lands located to the north. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan provides for areas of commercial and residential use, water management, retained vegetation 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. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this Document. B. The anticipated time ofbuild -out of the project is approximately eight (8) years from the time of issuance of the first building permit, or 2011. However, actual build -out will depend on market conditions. FAPUD Documents \Terafinal3- 11- 04clean.doc Agenda Item No. 8G January 23, 2007 Page 29 of 516 SECTION 1V r GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Terafina Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Terafina PUD shall be in accordance with the contents of this Document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as maybe agreed to in the rezoning ofthe property. In addition, any successor in title or assignee is subject to the commitments within this 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 Terafina PUB shall become part of the regulations that govern the - manner in which this site may be developed. D. Development permitted by the approval of this petition shall be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. E. Unless specifically waived through anyvariance or waiver provisions of anyother applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event of conflict between the provisions of this PUD and the LDC, the provisions of this PUD shall govern. Items not specifically regulated by this PUD Ordinance shall comply with the provisions of the LDC. 4.2 Site Cleariniz and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the LDC and the standards and commitments of this Document in effect at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and i utilities. Those documents shall be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County G FAIPUD DoeumentslTera4na 13- 11- 04clean.doc Agenda Item No. 8G January 23, 2007' Page 30 of 516 shall be counted toward the County's open space and the retention of native vegetation requirements. r' 4.4 Project Plan Approval Requirements Exhibit "A ", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (ifrequired) shall be submitted for the entire area covered by the PUD MasterPI an. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3 of the LDC, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 of the LDC shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.5 Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Subsection 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. B. A timetable to facilitate said removal shall be submitted to the Zoning Director forapproval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.6 Lake Excavation and Set Back Requirements Lakes shall conform to the requirements described in Subsection 3.5.7.1.1 and Subsection 3.5.7.1.2 of the LDC. A zero (0) foot set back shall be permitted for structures adjacent to lake maintenance easement areas. 4.7 Sunset and Monitoring Provisions The Terafina 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. F:\PUD Documents\Tcrafina\3 -1 1- 04clean.doc Agenda Item No. 8G January 23, 2067 Page 31 of 516 rte} 4.8 Polling Places Polling places shall be provided in accordance with Subsection 3.2.8.3.14 of the LDC. 4.9 Native Vegetation The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. The preserve areas depicted on the PUD Master Plan comprise a total of (277.74 acres or forty -three (43) percent of the total site area and exceed the minimum preservation area requirement of twenty -five (25) percent. 4.10 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open spade areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. 4.11 Archaeological Resources The developer shall be subject to Subsection 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are located on the property. _1 4.12 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 Architectural and Site Design Standards Development of commercial facilities within the recreation center shall meet the requirements of Division 2.8 of the LDC. 4.14 Sim age A. General 1. All signage shall be in accordance with Section 2.5 of the LDC, unless such regulations are in conflict with the conditions set forth in this Section. In that case, the Terafina Planned Unit Development Ordinance shall govern. 2. For the purpose of the Terafina Planned Unit Development Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. FAPUD Documents \Terafina\3 -! 4- 04clean.doc Agenda Item No. 8G January 23, 2007 - Page 32 of 516 3. Signs internal to the development shall be permitted in public or private rights-of- way subject to approval of a Collier County right -of -way permit, where applicable. 4. All signs shall be located so as not cause sight Iine obstructions. 5. All internal project rights- of- waymaybe utilized fordecorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein_ 6. Prior to Site Development Plan (SDP) submittal, a uniform sign plan shall be required that shall indicate signage location, dimensions, and architectural style. All signage shall be of a pedestrian scale and shall be of a uniform character. B. Boundary Markers 1. One boundary marker may be located at each property corner for a total of two (2), adjacent to the Logan Boulevard. rights -of -way. The boundary marker may contain the name of the project, and the insignia or motto of the development. The sign shall be set back a minimum of 50 feet from the southern and/or northern perimeter property line. The area of the project name shall not exceed 16 square feet. 2. The setback from any public right -of -way and any perimeter property line shall be (ten) 10 feet. 3. Boundary markers maybe lighted provided all lights shall be shielded in a manner that prevents direct glare onto adjacent roadways or residences. C. Project Entrance Signs 1. Two ground or wall- mounted entrance signs may be located at the entrance of the PUD on Logan Boulevard and shall not exceed 40 square feet in size. Such signs maycontain the name of the development, the insignia or motto of the development, and the developer's name. 2. Where one ground or wall mounted sign is provided the sign face area shall not exceed 80 square feet. If the sign is a single, two -sided sign, each sign face may not exceed 40 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for project entrance signs from the public right -of -way and any perimeter property Iine shall be 10 feet. 4. Project entrance signs shall not exceed a height of 10 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. D FAPUD Documents \Terarinat3- 11- 04cleen.doc Agenda Item No. 8G January 23, 2007 Page 33 of 516 D. Construction Entrance Signs - 1. One sign, a maximum of 20 square feet is size, shall be permitted at each construction entrance, to identify the entrance as a construction vehicle entrance. No building permit is required. E. Internal Signs 1. Directional or identification signs may be allowed internal to the development. Such signs shall be used to identify the location or direction of approved uses such as, but not limited to, models or model sales centers, club house, or recreational areas. Individual signs shall be a maximum of 8 square feet per side in size, or signs maintaining a common architectural theme maybe combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of 8. feet. There shall be no maximum number of permitted directional or identification signs. 2. Real estate signs with a maximum of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale ", "Sold To ", "Lot ti ", or similar verbiage. No building permit is required. F. Recreation Center Signs 1. Signs within the recreation center tract shall be subject to the provisions of Section 4.14 A and E of this Ordinance. Signage within community recreation tracts shall not be visible from any public road right-of-way. G. Traffic Signs Traffic signs such as street signs, stop signs and speed limit signs shall be designed to reflect a common architectural theme. The placement and size of signs shall be in accordance with DOT criteria. 4.15 Off Street Parking and Loading All off street parking and loading facilities shall be in accordance with Division 23 of the LDC. 4.16 Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and perimeter buffering shall be provided in accordance with Section 2.4.7 of the LDC. However, the landscape buffer area along the south property line outside the flow -way shall be constructed in accordance with Exhibit C. 4.17 Work Force Housing The owner of the subject property shall provide to Collier County at no cost up to 1,736 dwelling units for the purpose of assisting the County's work force housing program. The transfer of the } remaining density and number of dwelling units to be made available for work force housing is based on the original acreage contained in the PUD (646 acres at the time of the initial zoning approval) 10 FAPUD Documents %Tcrafina\3- 11- 04ciean.doc Agenda Item No. 8G January 23, 2007' Page 34 of 516 prior to the dedication of 19.2 acres for the extension of Logan Boulevard along the Terafina Logan Boulevard road frontage. When a work force housing program is developed to utilize the transferred units, those dwelling units may be transferred to other locations under any terms and conditions the County deems necessary to achieve the goals of the work force housing program. 4.18 Sidewalks/Bikepaths A. ..-Pursuant to Subsection 3.2.8.3.17 of the LDC and the following, sidewalks/bike paths provisions shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 4. The primary project entry road and main spine road system shall have a minimum eight foot (8') wide pathway on one side of the street and a five foot (5') pathway on the other side of the street, or in the alternative a five foot (5') wide pathway on both sides of the street, which may meander in and out of the right -of -way. 4.19 Streets and access improvements A. Street Right of Way Width Street right of way width: The minimum right of way width to be utilized for local streets and cul -de -sacs shall be fifty (50) feet. Drive aisles serving multi - family tracts shall not be required to meet this standard. B. Dead -end streets Cut -de -sacs may exceed a Iength of one thousand (1,000) feet. C. intersection Radii Intersection radii: Street intersections shall be provided with a minimum of twenty (20) foot radius (face of curb) for all internal project streets and a thirty -five (35) foot radius for intersections at project entrances. D. Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4.20 Model Homes / Sales Centers / Sales Offices / Construction Offices A. Construction Offices A temporary use permit shall be granted initially for a period not to exceed 48 months in length pursuant to the additional requirements of Subsection 2.6.33.3 of the LDC. The Zoning Director may extend the temporary use permit for a time period equal to the date of the issuance of the last certificate ofoccupancy for the project. I F_1PUD DocumcnisWerafinal3 41.040can-doc A_ genda It .Qm No. B(a January 23, 2007 Page 35 of 516 2. The model homes may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64l?06, Florida Administrative Code and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. Model Homes. Sales Centers, and Sales Offices 1. Model homes, sales centers, and sales offices shall be permitted principal uses throughout Terafina PUD. 2. Model homes shall be "wet" or "dry" facilities. a. "'Wet" facilities may be occupied by a sales office and/or representative. b. "Dry" facilities shall be unoccupied by a sales office and/or representative: C. Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in accordance with Subsection 2.6.33.4.1.11 of the LDC. 3. Temporary use permits for model sales centers and sales offices that are located in permanent structures, other than dwelling units and dry model homes, shall not be required. 4. Temporary use permits for (a) model sales centers, (b) sales offices located either in permanent structures, within a dwelling unit, or in a temporary structure, (c) sales offices located in m ulti- family structures, and (d) wet model homes shall be required. a. The temporary use permit shall be issued initially for a period of four (4) years. Extensions in excess of this period shall require submittal and _._ approval of a conditional use petition in accordance with Section 2.7.4 of the LDC, except where the model sales center, sales office, or wet model home is single family detached structures and are located within a "model home row ". In that case, the Zoning Director may extend the temporary use permit for an additional year, and annually until the project is built out. 5. A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent structure which is a detached single family dwelling unit, a conceptual site plan (CSP) which addresses the requirements of Subsection 2.6.33.4.1.11 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan (CSP) which addresses the requirements of Subsection 2.6.33.4.1.11 of the LDC, or a site improvement plan, depending on the extent of the work required. All other dwellings unit types require SDP approval. 6. A maximum oftwelve(12) model homes shall be permitted within thisdevelopment prior to final plat approval as permitted above. Model homes to be located within a detached single - family dwelling unit may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to Division 3.2 of the LDC. Temporary use permits for units used for sales centers in multi - family projects shall not be issued prior to plat recordation and final approval of the project site development plan. 12 FAPUD Documents \Terafina\3- 11.04ctean.doe Agenda Item No. 8G January-23-,-2&&- Page 36 of 516 7. Unoccupied or dry model homes shall be permitted only in conjunction with an approved site development plan for a model sales center which provides adequate -- parking to support the model(s). Temporary use permits for occupied (wet) model homes shall require a conceptual site plan which addresses the requirements of Subsection 2.6.33.4.1.11. of the %DC. 8. These structures may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64EO6, Florida Administrative Code and may use potable or irrigation wells prior to the availability ofthe central utilitysystem. Whenthecentral utility system is available, connection to the central system shall be made. 9. All other applicable provisions of the LDC pertaining to model homes, sales centers, sales offices, and construction office shall apply. 4.21 Changes and amendments to PUD Document or PUD Master Plan Changes and amendments maybe made to this PUD Ordinance and PUDMasterPlan asprovided in Section 2.7.3.5 ofthe LDC. Minor changes and refinements as described herein maybe made by the developer in connection, with any type of development or permit application required by the LDC. The Zoning Director shall be authorized to approve minor changes and refinements to the Terafina Master Plan upon written request of the developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: ` } I . The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Terafina PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1 of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights -of -way, other than a relocation of access points to the PUD, except where the access point is required by the appropriate jurisdictional agency. 4. Reconfiguration of residential and recreation parcels when there is no net loss to areas identified as conservation or preserve. C. Approval by the Zoning Director of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval. Such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 13 FAIPUD Documents %TerafinW- 11- 04clean.doc Agenda Item No. 8G January "23;'201DT Page 37 of 516 r" 4.22 Landscape Buffers. Berms. Fences, and Walls ` Landscape buffers, berms, fences, and walls are generally permitted as aprincipal use throughout the Terafina project. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: Internal to project -- 3:1. 3. Rip -rap berms: 1:1 with geotcxtile mat. 4. Structural walled berms: vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. Ifthe fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of not greater than 3:1 ratio. C. Entry gates, columns and control gates and structures shall be limited to a maximum height of thirty-five (35) feet at the project entrance. Landscape buffers, berms, fences and walls maybe constructed along the perimeter of the Terafina PUD boundary prior to preliminary subdivision plat and site development plan submittal, however, the required landscape plans shall be submitted to the Planning Services Department for its review and approval prior to installation. D. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, as } measured at the point of encroachment. E. A thirty (30) foot wide shared buffer shall be provided between the Terafina project and the Olde Cypress project to the south outside of the flow way areas depicted on the PUD Master Plan in accordance with Exhibit "C" of this Ordinance. 4.23 Fill Storage Fill storage is generally permitted as a temporary principal use, not to exceed 36 months, throughout the Terafina PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross - sections of the fill storage areas shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty -five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 4.24 General Permitted Uses , Certain uses shall be considered general permitted uses throughout the Terafina PUD except in the Preservation Areas. General permitted uses are those uses which generally serve the developer and residents of the Terafina project and are typically part of the common infrastructure or are considered I community facilities. f 14 F:1PUD Docnments%TerafinaU -I 1- 04dean_doc Agenda Item No, 8G January 23, 2007 . Page 38 of 516 A. ' General Permitted Uses: 1. Essential services as set forth under Subsection 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 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. 8. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 4.22 of this PUD ordinance. 9. Stock pile storage subject to the standards of Subsection 3.5.7.10.10 of the LDC. 10. 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: _ t . Setback from back of curb or sidewalk or edge ofpavement of any road (whichever is more restrictive) — twenty -three feet (23') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Minimum distance between unrelated structures — twelve feet (12') 3. Maximum height of structures — See Table 1, Development Standards 4. Standards for parking, landscaping, 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 site development plan approval. 5. All principal structures shall have a minimum setback of twenty-five (25) feet from the property line of any preserve. Accessory structures and all other site alterations shall have a minimum of a ten (10) foot setback from the property line. 15 FAPUD Documents \Terafina\3 -1 1 -04clean.doe SECTION V PRESERVE AREA REQUIREMENTS 5.1 PURPOSE Agenda Item No. 8G January 23, 2007 Page 39 of 516 The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 5.2 PERMMMI) USES The PUD Master Plan provides for (4:277.74) acres for upland and wetland preserve areas, or forty- three (43) percent of the total site area. 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 in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Principal Uses and Structures 1. Passive recreation areas, boardwalks and recreational shelters; 2. Biking, hiking and pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals. B. Development Standards: 1. Minimum Yard Requirements a. Principal structures shal l be required to have a minimum setback of twenty -five (25) feet from preserve areas. The PUD Master Plan has generally provided for a twenty -five foot setback from wetlands within the boundary of the preserve area. At the time of PSP approval further documentation shall be provided that the twenty -five (25) foot setback will be maintained for principal structures from wetland areas. FAPUD Documents \Tcmfina13.11-04clean.doc I6 Agenda Item No. 8G. January 23, 2007 Page 40 of 516 b. Accessory structures shall be required to have a minimum setback of ten (10) l feet from preserve areas, unless it can be demonstrated that the structure will not adversely impact the integrity ofthat preserve. The PUD Master Plan has generally provided for a twenty -five foot setback from wetlands within the boundary of the preserve area. At the time of PSP approval further documentation shall be provided that the ten (10) foot setback will be maintained for accessory structures from wetland areas. 2. Maximum Structure Height Twenty five (25) Feet 17 FAPUD DocumentsWerafinao -! 1- 04clean.doc Agenda Item No. 8.G_ January 23, 2007 Page 41 of 516 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 Purpose The purpose of this Section is to identifypermitted uses and development standards for areas within the Terafina PUD designated for residential development on the PUD Master Plan, Exhibit "A ". 62 Maximum welling Units A maximum of eight hundred and fifty (850) dwelling units are permitted on areas designated "R" on the PUD Master Plan. Dwelling units may be single family or multifamily. 6.3 General Description The PUD Master Plan designates the following uses for the general use designations on the Master Plan. TYPE OF USE :AMOUNT OF PERCENT OF ACREAGE TOTAL ACREAGE 1. Residential 167.87 acres 26.83% 2. Neighborhood Village/ 7.21 acres 1.13% Recreation Site 3. Rights -of- -Way 45.25 acres 7.11% 1 - -- 4. Lakes 86.94 acres 13.65% 5. Preserve Areas 67.32 acres 10.57% 6. Preserve Flow ways 210.42 acres 33.05% 7. Open Space 51.71 acres 8.12% TOTAL: 636.72 acres 100.00% The approximate acreage of the residential areas is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential areas are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. 6.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings a 2. Zero -lot line dwellings } 3. Two - family and duplex dwellings 18 FAPUD boeuments%TeraFona\i -1 1- 04clean.doc l Agenda Item No. 8G January '?3; 20(}7 Page 42 of 516 . 4. Single family attached and townhouse dwellings S. Multi - family dwellings, including garden apartments 6. Recreational facilities such as parks, play grounds, and pedestrian sidewalkslbikepaths 7. Model homes and sales centers 8. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals B. Accessory Uses and Structures I. Accessory uses and structures customarily associated with principal residential uses permitted in this subdistrict, including recreational facilities, maintenance facilities, recreation center, swimming pools, spas, screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals. FAPUD Documents \Terafina\3- 11- 04clean.doc 19 Cj Agenda Item No. 8G January 23, 2007 Page 43 of 516 6.5 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTi- STANDARDS FAMILY LOT FAMILY FAMILY ' FMAILY DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 S.F. 3,000 $X. per 1 AC S.F. d.u. Minimum Lot Width 50 35 45 30 100 Front Yard Setback 24 15 15 20 20 (principal and accessory uses Side Yard Setback 6.0 0 or 12 0 or 6 0 or 12 .5 DH Rear Yard Setback:-Principal 20 20 20 20 25 — lots back to back. Rear Yard Setback: Principal 10 10 10 10 15 — lots abutting lakes easement areas and common open space areas Rear Yard Setback: Accessory 10 10 10 10 10 Structures -Rear Yard Setback: accessory 5 5 5 5 5 pools and spas(5) — lots back to back. Rear Yard Setback: accessory 3 3 3 3 3 screen enclosures — lots back to back. Rear Yard Setback: accessory 3 3 3 3 3 pools and spas") — lots abutting lakes easement areas and common open s pace areas Rear Yard Setback: accessory 0 0 0 0 0 screen enclosures — lots abutting lakes easement areas and common open s ace areas Maximum Building Height 35 35 35 35 35 Distance Between Structures NIA NIA NIA 10 .5 DH Floor Area Min. SF 1600 1400 1200 1200 1200 Preserve Area Setback: 25 25 25 125 25 Principal Structures Preserve Area Setback: 10 10 10 10• 10 Accessory Structures All distances are in feet unless otherwise noted. l BH = Building Heigbt FAPUD Documents\Teraiinal3 -1 f •04deamdoc 20 Agenda Item too. 8G January 23, 2007 Page 44 of 516 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 maybe 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. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall be no less than 23 feet. Should the garage door be side loaded, there shall be a 23 foot wide paved, cleared area on a perpendicular plane to the garage door or plans shall ensure that parked vehicles will not interfere with pedestrian traffic. 5. All development lots/units shall meet Sections 2.4.6 and 2.4.7. respectively, of the LDC standards for minimum landscape and buffers_ 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 Iine of a mansard roof, and to the mean height level between eaves and ridge of gable, hip or gambrel roof. Accessory buildings shall be limited to a height of 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 for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria. I . 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 LDC. 3. Separation of housing types by common amenities. C. Maximum lot coverage will result from the application of the above development standards on individual lots and no other limitations shall apply to lot coverage for residential structures. D. Only single family detached and zero lot line dwelling units are permitted along the southern property line adjacent to the Olde Cypress PUD, outside the flow -way depicted on the Pi.ID Master Plan. R FAIPUD DoeumcnLClTeraflnal3.1 1- 04clean.doc Agenda Item No. 8G January 23, 2007 Page 45 of 516 SECTION VII PERMITTED USES AND DIMENSIONAL STANDARDS FOR RECREATION CENTER/NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES 7.1 P=ose The purpose of this Section is to identify permitted uses and development standards for areas within Terafina PUD designated on the Master Plan as "Recreation Center / Neighborhood Village Center". 7.2 General Description The approximate acreage of the Recreation Center is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Center/Neighborhood Village Commercial Centeris designed as a mixed use area which will accommodate a variety of active recreational and personal services for the Terafina residents and guests. 7.3 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. Recreational facilities and structures such as pools, fitness facilities, clubhouse, community buildings, playgrounds, piayfields, and tennis courts. B. Commercial uses permitted in Section 7.4(G) of this Document. C. Permitted accessory uses and structures 1. Accessory uses and structures customarily associated with principal uses permitted in the subdistrict including pool equipment buildings and storage areas. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals. 7.4 Development Standards A. Minimum Yard Requirements: 1. Front Yard: 25 feet 2. Side Yard: 15 feet 3. Rear Yard: 15 feet 4. Setback from the property lines abutting the lake easement area: Zero feet for 22 FAPUD Docaments\Teratina\3 -1 I.04clean.doc Agenda Item No. 8G January 23, 2107' Page 46 of 516 all principal and accessory structures. 5. All principal structures shall have a minimum of a twenty-five (25) foot setback from the boundary of the preserve area. Accessory structures shall have a minimum of a ten (10) foot setback. B. Maximum height of structures — Fifty (50) feet; except clock towers or similar architectural features which shall be permitted up to sixty-five (65) feet. C. Minimum distance between principal structures — Ten (10) feet, or greater, ifrequired by local fire codes in effect at time of development. D. Minimum distance between accessory structures — Ten (10) feet_ E. Parking for recreational /non - commercial uses and structures located within the Recreation Center - one (1) space per 300 square feet. Said requirement only applies to non - commercial uses. F. A maximum of 5,000 square feet of gross leaseable floor area for commercial uses is permitted within the Recreational Center/Neighborhood Village Commercial Center. G. The requirements for the Recreation Center/Neighborhood Village Commercial Center component of the PUD are set forth as follows: I. Land area requirement. Commercial uses shall not exceed a maximum of 5,000 square feet of gross leaseable floor area in the Recreation Center/Neighborhood Village Commercial Center. 2. Maximum floor area ratio: 0.25 for the commercial component, not to exceed a maximum of 5,000 square feet of gross leaseable floor area. 3. Permitted Commercial uses as set forth in Subsection 2.2.20.4.7.1.3.1 of the LDC in effect as of the date of adoption of this PUD Ordimance: Major Category specific uses: a. Groups 6021 -6029 Commercial banks - Drive- through facilities are prohibited. b. Group 6531 Real estate agents and managers for roe with PUD only. c. Group 5251 Hardware store only — 2,500 sq. ft. maximum floor area. d. Group 5331 Variety stores -2,500 sq. ft. maximum floor area. e. Group 5399 Miscellaneous general merchandise store, except catalog showrooms - 2,500 sq. ft: maximum floor area. L Group 5411 Grocery stores, except frozen food and freezer plants, 10,000 sq. ft. maximum floor area. . Group 5421 Fish, meat, and seafood markets 23 FAPUD DocrumentsWcrafinal3 -11-04 clean. doc Agenda Item No. 8G January 23, 2bO Page 47 of 516 4. Permitted/ on- Commercial uses: In addition to the above commercial uses, the Recreation Center/Neighborhood Village Commercial Center may also contain recreational facilities and other amenities of the PI.JD, such as a clubhouse, community center or day care center. FAPUD DocumentslTerafna l3- 11- 04clean.doc 24 only, h. Group 5431 Fruit and vegetable markets. i. Group 5461 Retail bakeries. j. Group 5499 Health food store only -2,500 sq. ti. maximum floor area. k. Group 5541 Gasoline service stations, except truck stops. 1. Groups 5611-5661 Apparel and accessory stores -2,500 s , ft. maximum floor area. m. Group 5735 Record and prerecorded to a stores. n. Group 5812 Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive - through facilities. o. Group 5921 Liquor stores. P. Group 5947 Gift, novelty, and souvenir sho , q. Group 5949 Sewing, needlework, and piece nods stores. r. Grou2 5992 Florists s. Group 7212 Agents for laundries and drycleaners and . L Group 7215 Coin - operated laundries and dry cicaning. u. Group 7219 Diaper . service, and garment alteration and repair shops only. v. Group 7231 Beauty shops, except beauty schools and cosmetology schools. w. Group 7241 Barber shops, except barber colleges. x. Group 7299 Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only, y. Group 7349 Housekeeping and maid service only, z. Group 7841 Video t rental. aa. Group 7991 Physical fitness facilities bb. Groups 8011 -8021 Offices and/or clinics of physicians, and offices and/or clinics ofdentists. cc. Group 8041 Offices and clinics of chiropractors. 4. Permitted/ on- Commercial uses: In addition to the above commercial uses, the Recreation Center/Neighborhood Village Commercial Center may also contain recreational facilities and other amenities of the PI.JD, such as a clubhouse, community center or day care center. FAPUD DocumentslTerafna l3- 11- 04clean.doc 24 Agenda item No. 8G January 23, 2007 Page 48 of 516 5. Unified plan of development and common ownership. The Recreation Center / Neighborhood Village Commercial Center shall be a unified, and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center. 6. Locational criteria and functional operation. The following locational criteria and functional operating characteristics shall characterize the Recreation Center/Neighborhood Village Commercial Center: a. The Recreation Center/Neighborhood Village Commercial Center shall be internally located within the PUD such that the site has no direct access to roads external to the PUD. The Center shall be located- a minimum of 660 feet from the nearest external roadway providing access to the PUD. The Center shall be located a minimum of 330 feet from the perimeter boundaries of the PUD. b. The Recreation Center/Neighborhood Village Commercial Center shall be located within a 1,760 radius of 40 percent of the total number of approved residential units. C. The Recreation Center/Neighborhood Village Commercial Center shall be pedestrian - friendly. This means minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway t, system for the entire PUD. 7. Off-street parking and design. In recognition of the pedestrian - friendly design of the Recreation Center/Neighborhood Village Commercial Center, as required in section 2.2.20.14.5.c. of the LDC, the number of required off -site parking spaces shall only be 50 percent of that required by section 2.3.16 of the LDC. However, the number of off - street parking spaces provided shall not exceed 75 percent of that required by section 2.6.13. in all other respects, off -street parking areas shall be designed in accordance with the provisions of division 2.3 and 2.4 of the LDC. 8. Desigg guidelines. The Recreation Center/Neighborhood Village Commercial Center shall be subject to, and in compliance with, the design guidelines identified to Division 2.8 of the LDC except as otherwise excepted or required herein. 9. Si s. A unified sign plan shall he submitted and made apart of the approval for the Recreation Center/Neigllborhood Village Commercial Center Site Development Plan. The approved unified sign plan will establish signage specifications and will therefore become the sign regulations that will apply to the Recreation Center/Neighborhood Village Commercial Center. The unified sign plan shall adhere to Section 2.8.3.6.2.1.ofthe LDC, except that pole signs are prohibited. Signs shall be designed so that their size and location are pedestrian - oriented. 25 F:\PIJD Documenis \Terafina\i- 11- 04dean.doe _.J Agenda Item No. SG January 23, 2067' Page 49 of 516 10. Phasing of development. The construction of up to 5,000 square feet of permitted commercial uses at the option of the developer is allowed within the Recreation Center/Neighborhood Village Cotninercial Center at such time as the developer determines that there is a demand for limited commercial uses in the market place. FAPUD DocumentsMrafinaO -1 r -04c{ean.doc 26 SECTION VIII DEVELOPMENT COMMITMENTS 8.I Environmental Standards Agenda Item No. 8G January 23, 2007 Page 50 of 516 The purpose of this Section is to set forth the environmental commitments of the project developer. A. Vegetative preserve areas depicted on the PUD Master Plan are permitted for open space and passive recreational uses only. Vegetated preserve areas maybe reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as preservation areas on all construction plans and shali be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. B. 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 Department Staff. C. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of th LDC. For this site, a minimum of 277,74 acres of native vegetation shall be retained on site. D. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the preservation area, shall be submitted to the Environmental Services Department Staff for review and approval prior to final site plantconstruction approval. A } schedule for exotic removal within all preservation areas shall be submitted with the above- / referenced plan. E. The petitioner 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 on site, a habitat management plan for these protected species shall be submitted to Environmental Services Department Staff for review and approval priorto final site plan/construction plan approval. F. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. G. Portions of the PUD designated as a preserve area along the eastern portion of the property will be connected as a flow -way with the flow -way areas to the south in the Olde Cypress PUD District and flow -way areas to the cast in the Marisol PUD District to improve water management function in the general area and to lessen flooding. H. All principal structures shall have a minimum setback of 25 feet from the boundary of ar preserve. Accessory structures and all other site alterations shall have a minimum l 0 -foot setbacl I. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. 27 FAPUD Docurnents \Terafina\3 -1 1- 04clean.doc Agenda Item No. 8G January 23, 2007 Page 51 of 516 8.2 TT ranst)ortation Requirements �1 The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such Iighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Consolidated Impact Fee Ordinance No. 0l - 13, or successor ordinance. Said fees shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. E. Roads internal to the project serving the residential uses shall be private and dedicated to the homeowners association which shall be responsible for the perpetual maintenance of said roadways. F. The developer shall provide turn lanes at the project entrance prior to the issuance ofthe first "M certificate of occupancy for the first structure in accordance with the Collier County Public Right -of -Way Manual and Ordinance Number 82 -91, or successor ordinance. G. The developer shall make a fair share contribution towards the capital cost of traffic signals at the project entrance when deemed warranted by the Transportation Services Administrator, or his designee. These signals will be owned, operated and maintained by Collier County. H. An additional twenty (20') feet of right -of -way shall be provided along the western edge of the Terafina project to provide for a total of eighty (80') feet of right-of-way along the extension of Logan Boulevard. A sixty (60') foot right -of -way presently exists. The developer shall construct the extension of Logan Boulevard to the proposed project entrance for Terafina. The additional road right -of -way will be dedicated to Collier County at the time of platting or within ninety (90) days of the request of Collier County. I. The Terafina PUD is vested for traffic concurrency associated with the executed Standard Form Collier County Contribution Agreement for Road Impact Fee Credits (No, 2002-009 - TR =GL Homes) dated December 17, 2002. The developer may commence on -site horizontal construction within the Terafina project at the time that the four - laning of Immokalee Road is complete up to C.R. 951. 8.3 Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 28 FAPUD Documents %Terafina\3- 11- 04clean.doc Agenda Item No. 8G Jariva- rj-23 -, *2U07' Page 52 of 516 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 No. 01 -156, 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 Countyin accordance - -- with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off -site sewer facilities are available to serve the project. C. Prior to approval of construction documents by the County, the developer shall present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utility construction documents for the project's sewerage systemshall contain the design and construction of an on -site force main which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main shall be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. E. Easements shall be provided to Collier County Utilities Department for three separate well 1 field locations. Two of the well site areas shall be approximately 30 by 30 square feet in area. J The third site will be approximately 40 by 40 square feet in area to provide for a well house. These sites will be spaced a minimum of %4 of a mile apart. These facilities shall be located along the eastern edge of the Logan Boulevard right-of-way or, in the alternative, along a 30 foot easement along the northern property line shared with the Parklands PUD, if feasible. An easement or easements for these areas shall be conveyed to Collier County Utilities Department upon request. 8.4 Engineering Requirements A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services -staff prior to any construction drawing approvals. C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right -of -way and tracts shown on the PUD Master Plan. 29 FAPUD Documents \Tera6na\3- 11- 04clean.doc Agenda Item No. 8G January 23, 2Q07 Page 53 of 516 r° D. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other development orders. 8.5 Water Management Regpirements The purpose of this Section is to set forth the water management commitments of the project developer. A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Subsection 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting which is required for the subject property. D. A surface water management permit shall be obtained from the SFWMD prior to any subdivision or site plan approval. } F. Should the extension of Logan Boulevard be constructed by The Parklands developer, the Terafina developer shall provide for the necessary area for storm water management within the boundaries of the Terafina project. G. The Terafina property is subject to that certain "Amended and Restated Flow -way Agreement" between Imeollier Joint Venture, a Florida general partnership, as assignee of J.D. Nicewonder, GLH Development, LLLP, as successor in title to Robert Vocisano as Co- trustee under 1 and trust agreement dated May 24,1995, and Olde Cypress Development, Ltd., together with all schedules thereto, as any of the foregoing have been or may be amended. 8.6 Parks and Recreation Facilities A playground for children shall be provided. The playground shall be located within the recreation area depicted on the PUD Master Plan. 30 FA PUD Documents\TeraGna\3 -1 t -04cican.doc r N Ilion Agenda Item No. 8G January 23, 2007 Page 54 of 516 i i 5 C N h « } d ■ { 1 a ac W am x x W Q a a Q ci V 0 I-*, f A L, W M E u M '- H �1 M M ii it M N t 7 S q M �L V� V X v Id yw1 t { 1 a ac W am x x W Q a a Q ci V 0 I-*, f A L, W M E } Agenda Item No. 8G January 23, 2007 Page 55 of 516 EXHIBIT B LEGAL DESCRIPTION ALL OF SECTION 16, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO PHOSPHATE, MI -MAL, METAL AND PETROLEUM RESERVATIONS RESERVED TO THE STATE BOARD OF EDUCATION IN DEED RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND EXCEPTING THE WEST 80 FEET. ` WAIM199508M.MPUMEXHIBU B -LEGAL DESCRUMONAoc Agenda Item No. 8G .. , . January 23, 2007 --- ,�,.. a x PPaae 56 of 516 3178685 OR: 3284 PG: 1227 nt onn u am em umi et• guns glen, In �- - Is /17 /2667 at Item mce 1. un, am " CAS 1l1115IL.11 This instrument prepared by: ItC tp 11.56 Timothy G. Hains, Esq. DK-.71 111211.21 QUARLES & BRADY'LLP cans LK "4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 ;jR1Lli i 11101 1561 UIttUR tt 11301 ui n In 3661 S - 10.30 recording ti6t S 11 4/. o documentary stamps Property ID Number. 00183600000 SPECIAL WARRANTY DEED THIS INDENTUR.E, made this .5 tb day of May, 2003, between Robert Vocisano, as Trustee under Land Trust Agreement dated May 24, 1495, whose mailing address is: 4100 Golden Gate Parkway, Naples, Florida 34116, (the "Grantor"), and GLH Development, L.L.L.P.. a Florida limited liability limited partnership, whose mailing address is: 1401 University Drive, Suite 200, Coral Springs. Florida 33071 (the "Grantee'). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hcrcby acknowledged, has granted, bargained and sold to the said Grantee. and Grantee's successors and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: All of Section 16, Township 49 South, Range 26 East, Collier County, Florida, less and except the Westerly 80 feet thereof Subject to covenants, casements, restrictions and reservations of record but without reimposing same; existing zoning and governmental regulations; real estate taxes for the current and subsequent years. The subject property is vacant land and is not the homestead property of the Grantor, nor is it contiguous thereto. The Grantor resides at 165 Second Avenue North, Naples, Florida 34102. THIS DEED is an absolute conveyance and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persosts claiming by, through, or under said Grantor. but against none other. TO HAVE AND TO HOLD the same, in fee simple forever. TOGETHER WITH all the hereditaments and appurtenances thereunto belonging or in anywise appertaining to the property hereby conveyed. QSNAM390514.2 .. ti l .� WI N' .� r � d In x jr O D f O r 0 n .�n x� o �< Agenda Item No. 8G : January 23, 200T" .Page 57 of 516 (D STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and coriect copy of: ORDINANCE 2004 -15 January 23, 2007 Page 58 of 516 Which was adopted by the Board of County Commissioners on the 9th day of March, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida., this 12th day of March, 2004. DWIGHT E. BROCK Clerk of Courts and.Clerk Ex- officio to Board of County Commissioners " fy:Maureen Kenyon ? Deputy Clerk Agenda Item No. 8G January 23, 2007 Page 59 of 516 '6118970, ORDINANCE NO. 2004- 69 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ' - -` M�y I as FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY;;:= -, �J R191VEO LAND DEVELOPMENT CODE, OR SUCCESSOR �' <<, PROVISION, BY PROVIDING FOR A �� SCRIVENER'S ERROR AMENDMENT TO„ _ CORRECT ORDINANCE 04 -15, THE TERAFINA PLANNED UNIT DEVELOPMENT (PUD) AND BY PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Collier County Board of Commissioners adopted Ordinance Number 04 -15, the Terafina Planned Unit Development (PUD) on March 9, 2004; and WHEREAS, following said action in adopting Ordinance Number 04 -15, a zoning atlas map was omitted and such omission constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENTS A. The Title of Ordinance Number 04 -15, the Terafina PUD, is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER X91 -1-92 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 THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8616N AND 86165, AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TERAFINA PUD, FOR PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS PUD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES; PROVIDING FOR THE REPEAT, OF ORDINANCE NUMBER 01 -71. THE FORMER TERAFINA PUD; AND BY PROVIDING AN EFFECTIVE DATE. B. The text of Ordinance Number 04 -15, the Terafina PUD, is hereby amended to read as follows: Words StFHOE threug ;, are deleted; words underlined are added. Page 1 of 2 Agenda Item No. 8G January 23, 2007 Page 60 of 516 The zoning classification of the herein described real property located in Section 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" 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 Official Zoning Atlas Map Nnumbered 8616N and 86165, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 4day of 11G �oa.v I 2004. ATTF'$"'. ^?m```�,'.. BOARD OF COUNTY COMMISSIONERS DWL(iTr�y:i1t38ri� tk i COLLIER COUjdJi'Y, FLORIDA / BY: J DONNA tIALA, CHAIRMAN Legal Sufficien'Cy'i "'-, - I3) •, t,. '�?I 4L, ez�c Marjori M. Student Assistant County Attorney SE- 2004 -A R- 5777/R B /sp Words k -throRgh are deleted; words underlined are added. Page 2 of 2 Thls ordinance filed with Ow Secretary of ,State's Office the (A^ _ day of NALWMho_.74 ray and acknowledgement of thct. filing rece'ved this i4 -_ jay of B oeo.h eb.k Agenda Item No. 8G January 23, 2007 Page 61 of 516 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004 -69 Which was adopted by the Board of County Commissioners on the 26th day of October 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of October, 2004. DWIGHT E. BROCK ...... y, Clerk of Courts .a d 111 '. Ex- officio to B;o�rd••of'' .�•�,• County Commiss. -§rl� w ,k By: Linda A. Hatt r er • C�'1'�:•' Deputy Clerk,,�.,,"?� •r. Agenda Item No. 8G January 23, 2007 Page 62 of 516 We /I, _G.L. Homes of Naples Associates II, Ltd. By: G.L. Homes of Naples II Corporation, General Partner being first duly sworn, depose and say that we /l am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. 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 We /I further authorize _- Robert L. Duane, AICP_____ to act as our/my representative in any matters regarding this Petition. Signature of Property Owner ----------------------------- Typed or Printed Name of Owner Signature f Property Owner C:•G. �i�,y,&'r ofl�r�� .[ G+�forEiPi �> 7� C,E.�� 4,04C o 'f/,g�e,Et Typed or Printed Name of Owner The foregoing instrument ms ackpp�,ovvyy)�edged before me this _�z' day of 200 -&2 -, by -- -- Cr��/G►'!'� ----- - is personally known to met-, or has produced ------------------------ as identification. State of Florida County of K~ A?X9A*?-e) .......................... ......III .................. • " "'" TERRY LILLIAN P�':01 4"�v commissw # D00212598 Expires 5/1412007 i o „NOc,111111 ,o Bonded through : (LDOda -ftj ��.. .bride Notary Assn Inc. 11 .� PUD Extension Application (Sign ture of Notary Public - State of Florida) t-IL-1-4 A-� -------- ---- �” (Print, Type, or Stamp Commissioned Name of Notary Public) I/ This instrument prepared by: Timothy G. Rains, Esq. QUARLES & BRADY LLP 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 $ 10.50 recording $ it A41• AV documentary stamps Property ID Number: 00183600000 Agenda Item No. 8G January 23. 2007 3178685 OR: 3284 Pope s 516 RICORDID In OIIICIAL RICORDS Of COLLIII COWT, IL 05/0712003 at MUM DVIG" I. BROCK, CLt11 COIs 15841114,00 RIC 111 10.50 ©OC -.I0 111241.24 COPIES 2.00 Retn: QUARL13 i BWY 4501 ?AKIAKI TR K 1340 RAPLIS IL 34103 3060 SPECIAL WARRANTY DEED THIS INDENTURE, made this 5U ' day of May, 2003, between Robert Vocisano, as Trustee under Land Trust Agreement dated May 24, 1995, whose mailing address is: 4100 Golden Gate Parkway, Naples, Florida 34116, (the "Grantor "), and GLH Development, L.L.L.P., a Florida limited liabilit !ts ter , whose mailing address is: 1401 University Drive, Suite 200, Cor lfy iii e "Grantee "). WITNESSETH, tha sal to for and in con ' era ion of the sum of Ten Dollars, and other good and valuab e c nsi r1M n sat raptor 'n h nd paid by said Grantee, the receipt whereof is hereby c e r ed nd sold to the said Grantee, and Grantee's successors d gn f er h f I w esc 'bed land, situate, lying and being in Collier County, FI t - All of Section 16, T 48 Soutb, Ran , Collier County, Florida, less and,except the Wester t thereof. Subject to covenants, easeme es tc and reservations of record but without reimposing same; existing zoning and governmental regulations; real estate taxes for the current mid subsequent years. The subject property is vacant land and is not the homestead property of the Grantor, nor is it contiguous thereto. The Grantor resides at 165 Second Avenue North, Naples, Florida 34102. THIS DEED is an absolute conveyance and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under said Grantor, but against none other. TO HAVE AND TO HOLD the same, in fee simple forever. TOGETHER WITH all the hereditaments and appurtenances thereunto belonging or in anywise appertaining to the property hereby conveyed. PUDEX- 2006 -AR -9610 PROJECT #2002050014 QBNAP\3so514.2 DATE: 4/27/06 MELISSA ZONE AM Acienda Item No. 8G OR. 3284 PG, Pf4,6 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of Robert Vocis4ino, as Trustee under Land Trust Agreement dated May 24, I995 not' name: a ,� Q STATE OF FLORIDA \� COUNTY OF COLLIER Cif The foregoing instru en was ac* ged b fore m th oj�"day of April, 2003, by Robert Vocisano, as T Ste ��`�� ,ai May 24, 1995. He is UO r Agenda Item No. 8G c,vv's .0 . v.L ., silg +i ; ten January 23, 2007 ..Page 65 of 516 of irf 0 �ida Irpartmiput of i1utr I certify the attached is a true and correct copy of the Articles of Merger, filed on July 19, 2004, effective July 19, 2004, for G.L. HOMES OF NAPLES ASSOCIATES II, LTD., the surviving Florida entity, as shown by the records of this office. I further, certify the document was electronically received under FAX audit number H04000148665 and this certificate issued "iri accor ante with section 15.16, Florida Statutes, and authenticated by the code noted below. The document number of this corporation is A02000000415. Authentication Code: 904A00046606- 072304- A02000000415 -1/1 PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4127106 MELISSA ZONE Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty -third day of July, 2004 I& E - m'� Gitimba "E unb ��zrx#r�r� raf�fvfe Agenda _ January �� Page ,�, :, rti t1 ✓ti ✓ti r.m r�, ✓s, 1 ti ✓� L `• •••.s•w�..ww•••••�o•r�• •• w• i -�. •• a•ww• •••w• •••fwa• a. w'•wr, • �:r wr sr sr • sr sr ar sf sr tr s-r 'tr tir sr. tir tir tir. wr tir sr '�r sr of ti!r I� ta y�r ?)rpartmpnt of #§taip I certify from the records of this office that G.L. HOMES OF NAPLES ASSOCIATES 11, LTD., is a Limited Partnership organized under the laws of the state of Florida, filed on March 21, 2002. The document number of this Limited Partnership is A02000000415. I further certify said Limited Partnership has paid all filing fees due this office through December 31, 2004, and its status is active. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code, 904A00046606- 072304- A02000000415 --1f1, noted below. Authentication Code: 904A00046606- 072304- A02000000415 -1 /1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty- third day of July, 2004 �perrturg nf� #atte 19' RCVD AT 712312004 9:00:50 AM jEastsm Dayllght TUnej' SVR:FTLWEB1t0 * DNt5 :4001 G5tD:Deoartrnent of Slate' Agenda Item No. 8G y J�/ J nuar�232007 T" 0 (OP6g 67 516 ARTICLES OF MERGER OF GLH DEVELOPMENT, L.L.L.P. INTO G.L. HOMES OF NAPLES ASSOCIATES 11, LTD. The following Articles of Merger are being submitted in accordance with Sections 620.8905 and 620.203 Florida Statutes. FIRST: The exact name, street address of its principal office, jurisdiction and entity type for each party are as follows: GLH Development, L.L.L.P., a Florida limited liability limited partnership 1401 University Drive, Suite 200, Coral Springs, Florida 33071 Florida Document/Registration Number: A02000000736 FEIN: 04- 3682189 2. G.L. Homes of Naples Associates 11, Ltd., a Florida limited partnership 1401 University Drive, Suite 200, Coral Springs, Florida 33071 Florida Document/Registration Number: A02000000415 FEIN: 57- 1139851 SECOND: G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership located at 1401 University Drive, Suite 200, Coral Springs, Florida 33071 shall be the surviving party (the "Surviving Partnership). THIRD: The attached Plan of Merger meets the requirements of Sections 620.8905, 620.8906 and 620.201, Florida Statutes, and was approved by each domestic limited liability limited partnership and domestic limited partnership that is a party to the merger in accordance with Chapter 620, Florida Statutes. FOURTH: The merger is permitted under the respective laws of all applicable jurisdictions and is not prohibited by the certificate of limited partnership or the partnership agreement of either party to the merger. FIFTH: The merger shall become effective upon July 11, 2004. SIXTH: The Articles of Merger comply and were executed in accordance with the laws of the State of Florida. SEVENTH: The Surviving Partnership has obtained the written consent of G.L. Homes of Naples Associates It Corporation, to serve as the general partner of the Surviving Partnership pursuant to Section 620.202(2), Florida Statutes. FTL: 12415 67:1 f/OV- 00 0 /V9G &5- 3 Agenda Item No. 8G %r9s&Z 05 f IN WITNE y WHEREOF, the undersigned have executed these Articles of Merger as of the day of July, 2004. GLH DEVELOPMENT, L.L.L.P., a Florida limited liability limited partnership By: G.L. Homes of Naples Associates 11, Ltd., a Florida limited partnership, its general partner By: G.L. Homes of Naples 11 Corporation, a Florida corporation, its general partner By: �-- — Richar M. No4 alk, Vice President G.L. HOMES OF NAPLES ASSOCIATES 11, LTD., a Florida limited partnership, By: G.L. Homes of Naples II Corporation, a Florida corporation, its general partner By: ��r'� Richard M. Norwalk, Vice President FrL: 1241567:1 A/D (/ DOo1y- 86( 53 �r. PAglendda Item No. 8G t� (0 a 6 of 2007 516 PLAN OF MERGER The following is the Plan of Merger, which was adopted and approved by each party to the merger in accordance with Section 620.8905, 620.8906 and 620.201, Florida Statutes. FIRST: The exact name and. jurisdiction of each merging party are as follows: 1. GLH DEVELOPMENT, L.L,L.P., a Florida limited liability limited partnership (the "Terminating Partnership "). 2. G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership (the "Surviving Partnership ") SECOND: G.L. Homes of Naples Associates 11, Ltd., a Florida limited partnership shall be the surviving party. THIRD: The terms and conditions of the merger are as follows: The Agreement of Limited Partnership of the Surviving Partnership, when the merger becomes effective, shall be the Agreement of Limited Partnership of the Surviving Partnership. FOURTH: The manner and basis of converting the partnership interests of the Terminating Partnership into partnership interests of the Surviving Partnership, in whole or in part, into cash or other property are as follows: When the merger becomes effective, all the outstanding partnership interests of the Terminating Partnership shall be terminated, and the partners of the Surviving Partnership shall continue as the partners of the Surviving Partnership. The Surviving Partnership is the general partner of the Terminating Partnership and has acquired all the limited partnership interests held by the former limited partner, RPH of Naples, Inc., a Florida corporation, in the Terminating Partnership. FIFTH:The name and address of the general partner of the Surviving Partnership is G.L. Homes of Naples 11 Corporation, a Florida corporation, located at 1401 University Drive, Suite 200, Coral Springs, Florida 33071, document number P02000030560. FrL: 1241567:1 /717!) -;440 00/"74,?66 !g 3 Agenda Item No. 8G January 23, 2007 Pa�qqe 70 of 516 Agenda Item Nb. 10A April 11, 2006 Page 1 of 42 EXECUTIVE SUMMARY To seek Board approval of an Amended and Restated Developer Contribution Agreement with G.L. Homes of Naples for the design and construction of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road in exchange for vesting and impact fee credits. OBJECTIVE: To obtain Board approval of an amended and restated developer contribution-agreement with G.L. Homes to advance the design and construction of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road (see map of location in exhibit A attached to the DCA). G.L. Homes is advancing $7,528,875 in road impact fees to construct Logan Boulevard in exchange for vesting and road impact fee credits consistent with the original agreement that the Board approved in December 2002. The prior agreement is being revised due to the delays that have been experienced in obtaining the necessary permits and right -of -way to construct the roadway. All the necessary permitting and right -of -way acquisition has been completed to construct the roadway starting by June 1, 2006, CONSIDERATION: The original Developer's Contribution Agreement between G.L. Homes and the County was approved in December of 2002 and was initiated to advance the construction of a new two lane Logan Boulevard between Vanderbilt Beach Road to Immokalee. The road improvements include building a two lane roadway in an ultimate four lane cross - section. The Developer, based on the previously approved agreement, has completed the design of the two lanes and the permits and necessary right -of -way acquisition (acquired by the County) to build the roadway starting construction by June 1, 2006. The Developer has advertised the construction plans for bid with the bid closing scheduled for late April. The Developer is responsible for the design and construction costs of the project up to the amount of the impact fees with any excess cost (above the current $7,528,875 impact fee credit) to be paid back to the Developer by October 1, 2008. It is expected with the soon to be increasing impact fees that the impact fee credit will be above the final certified cost estimate. In exchange for the advancement of the funds to construct Logan, the Developer, consistent with the previous Developers Contribution Agreement, will receive vesting for 850 residential units for the Terafina Development on the future Logan Boulevard north of Immokalee Road (north of Olde Cypress). FISCAL IMPACT: The County will be responsible for the costs above and beyond the current committed impact fees which are currently estimated at a level of $7,528,875 but as noted above the transportation impact fees are expected to increase shortly where the cost of the roadway will be less than the impact fee credits issued for the vested project. The total cost estimate for the project is $8,990,000 for design, construction and construction engineering inspection (see exhibit C attached to the DCA). GROWTH MANAGEMENT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. PUDEX - 2006 -AR -9610 PROJECT ##2002050014 DATE: 4/27/06 MELISSA ZONE Agenda Item No. 8G January 23, 2007 Page 71 of 516 Agenda Item No. 10A April 11, 2006 Page 2 of 42 RECOMMENDATION: That the Board approve Amended and Restated Developer Contribution Agreement for the construction of Logan Boulevard in the exchange for impact fee credits and vesting of 850 units. Prepared By Donald Scott, Transportation Planning Director Attachment. Agreement for Road Impact Fee Credits 2 Agenda Item No. 8G Januar / 23, 2007 Agenda Item t08 2 of 516 April 11, Page 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10A Item Summary: Recommendation to seek Board approval of an Amended and Restarted Developer Contribution Agreement with G.L. Homes of Naples for the design and construction of Logan Boulevard between Vanderbilt Beach Road and Immokelee Road in exchange for vesting and Impact fee credits. (Norman Feder, Administrator, Transportation Services) Meeting Date: 4/11/2006 9:00:00 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3/30/2006 4:17 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 3/30/2006 4:20 PM Approved By Dale A. Bathon, P.E. Prinlclpal Project Manager Data Transportation Engineering and Transportation Services 3/3012006 4:22 PM Construction Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 313012006 4:26 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3131120OG 6:23 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 4/3/2006 11:27 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/3/2006 2 :43 PM Approved By .fames V. Mudd County Manager Date Board of County Commissioners County Manager's Office 41312006 7:23 PM Agenda Item No. 8G January 23, 2007 Pagge 73 of 516 W Agenda Item . 10A April 11, 2006 Page 4 of 42 AMENDED AND RESTATED STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS No. - - - (Amending and Restating No. 2002 - 009 -TR -GL Domes) THIS AMENDED AND RESTATED CONTRIBUTION AGREEMENT [ "Agreement "] is made and entered into this of , 2006, by and between G,L. HOMES OF NAPLES ASSOCIATES II, LTD., A FLORIDA LIMITED PARTNERSHIP, duly organized and authorized to conduct business in the State of Florida [hereinafter referred to herein as 'Developer "], by and through Alan Fant, Vice President of G.L. Homes of Naples II Corporation, a Florida corporation, and the General Partner of G.L Homes of Naples Associates II, Ltd., a Florida Limited Partnership, who is duly authorized to execute this Amended and Restated Standard Form Collier County Contribution Agreement for Road Impact Fee Credits, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY hereinafter referred to as "County." RECITALS: WHEREAS, on December 17, 2002, Developer and County entered into that certain Standard Form Collier County Contribution Agreement for Road Impact Fees (No. 2002 - 009 -TR -GL Homes), hereinafter referred to as the "Original Agreement "; and WHEREAS, for reasons beyond the reasonable control of both the Developer and County, the roadway improvements contemplated in the Original Agreement have yet to commence in accordance with the phasing schedule established therein "; and WHEREAS, based on the delays associated with the commencement of construction outlined in the Original Agreement, Developer and County are desirous of entering into this Amended and Restated Contribution Agreement which grants cash and credits for road impact fees and certain vesting rights for road concurrency, ill exchange for the Developer's contribution of advanced off -site roadway construction improvements consisting of the extension of Logan Boulevard as a two (2) lane divided roadway between Vanderbilt Beach Road and Immokalee Road [hereinafter described as the "Project "] as set forth in a conceptual description and graphic rendering attached hereto in Com posite Exhibit "A" and "A -1 "; and WHEREAS, Developer is the fee owner of certain lands, (hereinafter referred to as "Terafina "), described and graphically rendered in Composite Exhibit "B" and "B- 111, attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and Agenda Item No. 8G January 23, 2007 Pa e 74 of 516 Agenda Item No. 10A April 11, 2006 Page 5 of 42 WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon a Preliminary Estimate of Probable Costs by a Professional Engineer of the Project attached hereto as Exhibit "C "; and WHEREAS, the parties agree that Developer shall submit for County approval a Final Certified Estimate of Probable Costs to design and construct the Project prepared by a Professional Engineer subsequent to the date of this Agreement and prior to the issuance of right-of-way use permit by the County in connection with the Project; and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed fifteen [15 %] percent of the approved Final Certified Estimate of Probable Costs unless such amounts in excess of said fifteen [15 %] are caused by changes or modifications to the Project requested by the County from time to time after the County has approved and accepted the Final Certified Estimate of Probable Costs of the Project; and WHEREAS, the parties acknowledge that it is in the best interest of the County for the Developer to design and construct the Project; and WHEREAS, the Transportation Administrator will recommend to the Board of County Commissioners that the Proposed Plan as defined in the Impact Fee Ordinance for donations, credits, cash and contributions as set forth in this Agreement is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Collier County Board of County Commissioners, [hereinafter "Board "], the Board has authorized the County Attorney to prepare this Developer Contribution Agreement [ "DCA "] upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with or is projected to be consistent with the most recently Agenda Item No. 8G January 23, 2007 Page 75 of 516 Agenda Item No. 10A April 11, 2006 Page 6 of 42 adopted five -year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, pursuant to the Terafina PUD Ordinance No, 2004 — 15 it was agreed, inter alia, that: A. The road impact fee shall be as set forth in the Consolidated Impact Fee Ordinance No.01 -13, or successor ordinance. Said fees shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. B. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. C. The Terafina PUD is vested for traffic concurrency associated with the executed Standard Form Collier County Contribution Agreement for Road Impact Fee Credits (No. 2002 - 009 -TR -GL Homes) dated December 17, _ 2002. WHEREAS, it is anticipated that the time for build -out of the Terafina Development will exceed five [5] years for concurrency purposes, and the parties agree that good cause exists for an automatic five [5] year extension of the initial five [5] year vesting period provided, Developer substantially adheres to the Phasing Schedule as determined by the Transportation Division Administrator [A copy of the Phasing Schedule is attached hereto in Exhibit "D" and agreed to thereby by the County]; and WHEREAS, this DCA shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act; and WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with, the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey or cause to be conveyed the contribution to the County in confonnance with the County's transportation standards, procedures, ordinances and regulations; and Agenda Item No. 8G January 23, 2007 Page 76 of 516 Agenda Item No. 10A April 11, 2006 Page 7 of 42 WHEREAS, Developer agrees and acknowledges that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey or cause to be conveyed the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, Developer agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution until Developer's legal counsel shall advise the County Attorney in writing that the Developer has secured a performance bond or other surety in the amount of the Final Certified Estimate of Probable Costs plus a 15% contingency and Developer shall submit such bond or surety for approval by the County prior to the time of Developer's application for the right -of- way use permit; and WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Agreement, the parties agree as follows: 1. The projected road impact fees needed for the construction of 850 residential units of the Terafina Development is estimated to be Seven Million Five Hundred Twenty Eight Thousand Eight Hundred Seventy Five Dollars [$7,528,875.00]. 2. Prior to the commencement of any construction work in connection with the Project ( "Construction Work "), Developer shall deliver the following items to the appropriate governmental entity for said governmental entity's review and approval: A. For purposes of establishing the amount of the "Surety" (as hereinafter defined) and the "Road Impact Fee Credit Amount" (as hereinafter defined), a Final Certified Estimate of Probable Costs prepared by Developer's design engineer ( "Professional Engineer ") which shall set forth the estimated cost (including, without limitation, the cost of any and all labor, materials, design, testing, filing fees, permit fees, mitigation costs, construction and engineering inspection services, and any and all other ancillary costs and expenses) of construction necessary to complete the Project in accordance with the "Plans and Specifications" (as hereinafter defined). After the Final Certified Estimate of Probable Costs has been submitted to and approved by the County, then the same shall be referred to herein as the "Final Certified Estimate of Probable Costs." The Final Certified Estimate of Probable Costs shall not be subject to change or modification without the written consent of both Developer and the 4 Agenda Item No. 8G January 23, 2007 Page 77 of 516 Agenda Item No, 10A April 11, 2008 Page 8 of 42 County. The Final Certified Estimate of Probable Costs shall not include any of the costs, fees or other monies paid and /or incurred by or on behalf of the County under paragraph 7 of this Agreement. B. The Professional Engineer shall prepare the plans and specifications for the engineering and site development work (as amended from time to time, the "Plans and Specifications ") for the Project. After the Plans and Specifications have been submitted to and approved by the appropriate governmental entities, Developer shall not change, revise or modify the Plans and Specifications without the prior written consent of said governmental entities. C. On or before the date on which Developer submits its application for the right -of -way use permit, Developer shall procure, at its election, either a bond or letter of credit ( "Surety ") in favor of the County in an amount equal to one hundred - fifteen percent (115 %) of the Final Certified Estimate of Probable Costs. 3. The County shall have the right to draw against the Surety only after an "Event of Default" (as hereinafter defined) has occurred and remains continuing beyond the "Cure Period" (as hereinafter defined); provided, however, notwithstanding anything to the contrary contained in this Agreement, the County must provide Developer with written notice of its intent to draw against the Surety (including the amount to be drawn) not less than ten (10) days prior to making such draw, and the County shall only be permitted to use the drawn Surety funds towards the completion of the Project in accordance with the terms of this Agreement. 4. Developer shall have the right to (i) once per quarter reduce the Surety in an amount equal to the amount of funds expended by Developer in connection with the Project during the immediately preceding quarter, and (ii) terminate and extinguish the Surety on the date on which the Project has been completed and accepted by the County. 5. Developer shall not have any obligation to either increase the amount of the Surety to an amount greater than One Hundred Fifteen Percent (115 %) of the Final Certified Estimate of Probable Costs nor replace any amount of the Surety after any draw against (by the County) or reduction of (by Developer) the same. 6. Developer shall deliver to County, simultaneously with the execution of this Agreement, an attorney's opinion letter attached hereto as Exhibit "E" stating; (a) Developer is an entity duly formed, validly existing and authorized to conduct its business in the State of Florida; (ii) Developer has the requisite authority (i) to enter into and execute this Agreement; (ii) to perform under and in accordance with the terms and conditions of this Agreement; (iii) procure financing in the amount of the Surety. The County acknowledges that it has acquired all of the right-of-way necessary for the construction and completion of the Project, inclusive of all embankment Agenda Item No. 8G January 23, 2007 Pagge 78 of 516 Agenda Item No. 10A April 11, 2006 Page 9 of 42 easements, temporary construction easements, drainage easements, retention areas as well as all other types of easements and areas acceptable to the County, through eminent domain or any other method of acquisition. Any funds paid by Developer to the County to cover the County's costs associated with such acquisition, including, without limitation, the preparation of alternative alignments, legal descriptions, appraisals, and acquisition funding shall be reimbursed to Developer by the County. no later than October 1, 2006. The County's obligation to reimburse Developer under this paragraph shall survive the completion of the Project and acceptance of the same or earlier termination of this Agreement. 8. The amount of road impact fee credits to which Developer shall be entitled to under this Agreement (collectively, "Road Impact Fee Credit Amount ") shall be equal to the amount of the Final Certified Estimate of Probable Costs as amended from time to time. The Road Impact Fee Credit Amount shall be earned and available for use by Developer iimnediately upon (a) Developer expending any monies towards the design, construction and ultimate completion of the Project with the amount of Road Impact Fee Credit Amount earned being equal to the amount expended by Developer from time to time, and /or (b) the County drawing against the Surety with the amount of Road Impact Fee Credit Amount earned being equal to the amount of monies drawn by the County against the Surety from time to time, and /or (c) the payment of any and all monies by Developer to the County in the event the County is unable to collect on the Surety and the County seeks and receives payment from Developer in Iieu of the Surety. The Road Impact Fee Credit Amount once earned by Developer shall not be subject to forfeiture, reduction, recission or diminishment regardless of whether or not Developer commits an Event of Default. This paragraph shall survive the completion of the Project and acceptance of the same by the County or earlier termination of this Agreement. 9. Until such time as the Project is constructed, completed and tendered to the County for acceptance, Developer shalt indemnify and hold harmless the County from all liability directly arising from the construction of the Project and shall furnish adequate liability insurance in the amount set forth in the County Risk Management Guidelines as attached hereto as Exhibit "F ".Such insurance shall be in addition to the Surety posted for the completion of the road. 10. In the event the actual cost of construction of the Project is less than the Final Certified Estimate of Probable Costs, Developer shall be responsible for reimbursing the County for all road impact fees utilized above the actual cost of construction. Any over - payment of credits by the County shall be reimbursed to the County within ninety [90] days after the County's demand for the same after completion of the Project, if it determines more road impact fee credits were utilized than the Developer was entitled to receive. Developer therefore shall pay all the road impact fees above the actual cost of construction of the Project. Agenda Item No. 8G January 23, 2007 Page 79 of -516 Agenda Item Info. 10A April 11, 2006 Page 10 of 42 11. Upon acceptance of the Project by the County, if the actual cost of completing the Project exceeds the actual amount of Road Impact Fee Credit Amount utilized by Developer, then on or before October 1, 2008, the County shall be obligated to reimburse Developer an amount equal to the actual cost of completing the Project less the actual amount of Road Impact Fee Credit Amount utilized by Developer. Therefore, the County shall reimburse Developer for all amounts expended by Developer in completing the Project above the actual amount of Road Impact Fee Credit Amount utilized by Developer. This paragraph shall survive the completion of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 12. In exchange for the advanced construction of the Project, Developer shall be vested with 850 residential units in and for the Terafina Development as the construction of the Project shall be deemed a prepayment of road impact fees and the Developer shall be vested in these units for a minimum of five [5] years after the execution of this Agreement. It is anticipated that the time for build out of the Terafina Development will exceed five [5] years for traffic concurrency purposes. The parties agree that good cause exists for an automatic five (5) year extension of the initial five [5] year vesting period provided. Developer substantially adheres to the Phasing Schedule attached hereto in Exhibit "D" which phasing schedule the County has agreed to. The additional five (5) year vesting period shall commence on the date on which the initial five (5) year vesting period expires. If the total road impact fees needed for the Terafina Development exceeds the cost of the Project, Developer shall be responsible for paying the difference at the rate then in effect. Said vesting shall be evidenced in a duly authorized Certificate of Public Facilities Adequacy issued by the County. Developer shall apply for the Certificate of Public Facilities Adequacy by way of written letter and a copy of this Agreement fully executed and the County shall issue such certificate based on the same within thirty [30] days of the execution of this Agreement or as soon as possible. This paragraph shall survive the completion of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 13. The County shall utilize its best efforts to review and approve, and use its best efforts to cause other governmental entities to review and approve, all plans, specifications, applications and/or other submittals delivered to the County and other governmental entities within ten (10) business days after the same has been submitted to the County and such other governmental entities for review and approval. 14. The County shall utilize its best efforts to assist and cooperate with Developer in the application, procurement and issuance of any and all permits, inspections and approvals necessary to construct and complete the Project in a prompt and timely manner. Agenda Item No. 8G January 23, 2007 Page 80 of 516 Agenda Item No. 10A April 11, 2006 Page 11 of 42 15. The County shall join in, and the County shall use its best efforts to cause other governmental entities to join in, any and all applications, submittals and such other items which are necessary to construct and complete the Project. 16. The total amount of Road Impact Fee Credit Amount earned by Developer under this Agreement shall be evidenced by a Road Impact Fee Credit Ledger. [Attached hereto as Exhibit "G "]. The County shall on a current basis maintain on the Road Impact Fee Credit Ledger written evidence of the Road Impact Fee Credit Amount earned, used by and available to Developer until such time the Road Impact Fee Credit Ledger reflects a zero balance. 17. Developer shall the right to rely upon the Road Impact Fee Credit Ledger for confirmation of the Road Impact Fee Credit Amount remaining to Developer under the terms of this Agreement. 18. Developer represents, warrants and covenants to the County that the following are trite and correct in all material respects as of the date of this Agreement and shall be true and correct in all material respects until the completion and acceptance of the Project: A. Developer is a limited partnership duly formed and validly existing in the State of Florida and has the full right and lawful authority to enter into this Agreement. B. The execution, delivery and performance of this Agreement by Developer has been duly authorized and no consent of any other person or entity to such execution, delivery and performance is required to render this Agreement a valid and binding instrument enforceable against Developer in accordance with its terms. C. The Project shall be constructed in accordance with the Plans and Specifications in a good and workmanlike manner free from all defects, liens, claims and encumbrances caused by or through Developer, except as specified pursuant to or in accordance with this Agreement. D. Once Construction Work has commenced on the Project, Developer shall ensure that the construction of the Project shall not stop for a period in excess of thirty [30] consecutive days or longer, unless said stoppage is: (a) Required by the County or any governmental entity and not caused by actions or omissions of Developer or its employees or agents; or (b) Caused by a "Force Majeure" as that term is generally known in the construction industry. Agenda Item No. 8G January 23, 2007 Page 81 of 516 Agenda Item No, 10A April 11, 2006 Page 12 of 42 E. Developer has not granted, and will not grant or permit to exist, any Lien (as defined below) on or against all or any portion of the Project, other than Permitted Encumbrances (as defined below). As used herein, "Lien" shall mean any security interest, mortgage, pledge, lien, hypothecation, judgment lien or similar legal process, charge, encumbrance, title retention agreement or analogous instrument or device (including, without limitation, the interest of the lessors under capitalized leases and the interest of a vendor under any conditional sale or other title retention agreement), but excluding (i) any easements, covenants or restrictions of record necessary for the construction and completion of the Project and /or acceptable to the County and (ii) liens arising from taxes or claims of suppliers, mechanics, carriers, warehouses, landlords and other like persons, where such taxes or claims are being contested in good faith by appropriate proceedings, or a surety posted therefore. As used herein, "Permitted Encumbrances" shall mean Liens approved by the County. F. The Developer represents and warrants that there are no actions at law, suits in equity or any other proceedings before any governmental agency, commission, bureau, or other arbitration proceedings against or affecting the Developer that if adversely determined would materially and adversely affect the Developer's ability to complete the Project or would adversely affect the Developer's ability to execute and deliver, and perform its obligations under, this Agreement. 19. In the event of a thirty [30) day stoppage of work on the construction of the Project except as described above in paragraph 19, the County shall have the right to call upon the Surety for any necessary draw, pursuant to and in accordance with Paragraph 3 herein, to continue or complete the Project. If the Surety fails to immediately provide necessary funds to the County for the County to continue or complete the Project, the County may take any and all legal action available to it, including declaring Developer in default of this Agreement (subject to applicable notice and cure provisions), and the County may take all necessary steps to complete the Project and secure "Reimbursable Costs." The term "Reimbursable Costs" as used in and throughout this Agreement shall mean the actual cost to complete the Project in accordance with the Plans and Specifications for the Project as they exist at the time of default or Event of Default by Developer under this Agreement that causes Developer's removal from, and the County taking over and completing, the Project; it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shall not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation and /or expenses whatsoever for any default or Event of Default under this Agreement. Consequential damages shall mean: losses that do not flow directly and immediately from an injurious act, but that result indirectly from the act. Agenda Item No. 8G January 23, 2007 Pa ge82of516 Agenda Item 146, 10A April 11, 2006 Page 13 of 42 20. The County represents, warrants and covenants to Developer that the following are true and correct in all material respects as of the date of this Agreement and shall be true and correct in all material respects until the completion and acceptance of the Project: A. The County is a corporate body politic duly formed and validly existing in the State of Florida and has the full right and lawful authority to enter into this Agreement. B. The execution, delivery and performance of this Agreement by the County has been duly authorized and no consent of any other person or entity to such execution, delivery and performance is required to render this Agreement a valid and binding instrument enforceable against the County in accordance with its terms and conditions. C. The County shall (i) issue the Road Impact Fee Credit Amount to Developer, (ii) vest the Terafina Development with traffic concurrency for 850 residential units for the initial five [51 year vesting period and the five [51 year extension vesting period pursuant to the terms set forth in this Agreement, (iii) issue the Certificate of Public Facilities Adequacy for the initial five [5) year vesting period and the five [51 year extension vesting period pursuant to the terms set forth in this Agreement; all of the foregoing in accordance with and at the times required by the terms and conditions of this Agreement. D. The County shall allow Developers to use, allocate, assign and apply all or any portion of Road Impact Fee Credit Amount duly earned hereunder in accordance with the Collier County Consolidated Impact Fee Ordinance, and public facility adequacy Ordinance as amended consistent with the terms and conditions for any certifications issued from time to time. 21. The occurrence of any of the following events shall be deemed to be an "Event of Default ": A. A breach by Developer to comply with any of the terms or conditions of this Agreement by which Developer is to comply. B A breach by the County to comply with any of the terms or conditions of this Agreement by which the County is to comply. C. Notwithstanding anything to the contrary contained in this Agreement, an Event of Default shall not be deemed to have occurred unless and until the party seeking to declare an Event of Default ( "Non- Defaulting Party") has provided the other party ( "Defaulting Party") with written notice ( "Default Notice ") of the default ( "Default ") commitment by the Defaulting Party in specific detail and the Defaulting Party has failed to cure said Default within thirty (30) days after receipt of the Default Notice ( "Cure Period "); provided, however, if the Default is one not reasonably able to be cured within the Cure 10 Agenda Item No. 8G January 23, 2007 Page 83 of 516 Agenda Item No, 10A April 11, 2006 Page 14 of 42 Period [the term "reasonable" shall be defined by mutual agreement], then the Cure Period shall be extended for an additional time period as may be reasonably necessary to cure the Default provided that the Defaulting Party commences to cure the Default within the Cure Period and continues in good faith to diligently cure the Default to completion. D. If Developer commits an Event of Default prior to Developer posting the Surety, then the remedy of the County shall be: (i) the right to terminate this Agreement, (ii) the right to terminate the vesting rights of the Terafina Development granted in and tinder this Agreement, and (iii) the right to require Developer to assign all of its right, title and interest in and to all plans, specifications, documents, applications and permits that have been prepared, submitted and/or issued to or on behalf of Developer, E. If Developer commits an Event of Default subsequent to Developer posting the Surety, then the sole and exclusive remedy of the County shall be the right; (i) to require Developer to assign to the County all of its right, title and interest in and to all plans, specifications, documents, applications and permits that have been prepared, submitted and /or issued to or on behalf of Developer, (ii) to require Developer to terminate any and all Construction Work, (iii) to remove Developer from the construction site of the Project, (iv) to complete the Project in accordance with the terms and conditions of this Agreement using the Surety, (v) utilize its Alternative Dispute Resolution procedure, [attached hereto as Exhibit "H"], (vi) pursue such other legal remedy it determines is appropriate to recover Reimbursable Costs: it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shall not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation and /or expenses whatsoever for any default or Event of Default under this Agreement, Consequential damages shall mean: losses that do not flow directly and immediately from an injurious act, but that result indirectly from the act. F. Notwithstanding that an Event of Default may have occurred, Developer shall nevertheless be entitled to reimbursement from the County on or before October 1, 2008, and the County shall be obligated to reimburse Developer on that date, for all amounts expended or incurred by Developer under this Agreement in excess of the amount of Road Impact Fee Credit Amount utilized by Developer. Such reimbursement obligation of the County shall survive the completion and acceptance of the Project by the County or earlier termination of this Agreement. IF Agenda Item No. 8G January 23, 2007 Page 84 of 516 Agenda Item No. 10A April 11, 2006 Page 15 of 42 G. If after posting the Surety Developer commits an Event of Default, then the number of residential units vested for traffic concurrency purposes in the Terafina Development shall be equal to the number of building permits that the sum of the following calculations could pay for with respect to road impact fees only: [1] the actual amount of money expended by Developer in connection with the design, permitting, construction and completion of the Project, plus [2] any amount received by the County from the Surety and /or Developer; provided however, if at, or any time subsequent to, Developer having committed an Event of Default after posting surety the sum ofnumbers [1] and [2] above equal or exceed the total amount of road impact fee payments needed for all building permits for all 850 units in the Terafina Development as set forth in paragraph one herein, then the Terafina Development shall become and remain permanently vested for 850 residential units for traffic concurrency purposes. This paragraph shall survive the completion and acceptance of the Project or the earlier termination of this Agreement. H. In the event the County does not approve any Terafina PUD extension requested by Developer after Developer makes an administratively complete application submittal for such extension pursuant to and consistent with the provisions of Section 10.02.13.D of the Collier County band Development Code, Developer shall timely submit an application to amend the Terafina PUD to extend the same (the "Amendment Application "). In such event, if; (1) the County denies the Amendment Application, or (2) the County approves the Amendment Application, and such approval (i) reduces the number of approved units compared to that currently approved, and /or (ii) imposes any condition of approval that imposes any new or significantly increases any existing obligation (financial or otherwise) on the Developer, then in any of the foregoing events, Developer shall have the right, but not the obligation, to terminate this Agreement on written notice to the County, whereupon, this Agreement shall terminate, Developer shall have no obligation to commence or complete construction of the Project, and the County shall reimburse Developer for all fees, costs, expenses and other charges mandated by this Agreement and actually paid by Developer in connection with the Project within 6 months after the date of such termination. This paragraph shall survive the termination of this Agreement. 22. Developer shall not be penalized based on a Collier County Government caused delay. 23. The failure of this Agreement to address any permit, condition, or term or restriction in the actual design, permitting and construction of the Project shall not relieve Developer or its successors of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restriction in the actual design, permitting and construction of the Project. 12 Agenda Item No. 8G January 23, 2007 Paqqe 85 of 516 Agenda Item go. 10A April 11, 2006 Page 16 of 42 24. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 25. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 26. The performance and execution of this Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "F" attached hereto and incorporated herein by reference. 27. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 28. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this Agreement. 29. The Road Impact Fee Credit Amount identified herein shall run with the Terafina Development as described in Composite Exhibit "B" and `111-1" and shall be reduced by the entire amount of road impact fee due on the first building permit issued thereon and each successive building permit until the Terafina Development is either completed or the Road Impact Fee Credit Amount is exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that an Impact Fee Credit is available, each time a building permit is applied for. If a Road Impact Fee Credit Amount is available, then the amount of Road Impact Fee Credit Amount utilized shall be deducted from the available balance as shown on the Road Impact Fee Credit Ledger. 30. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the Road Impact Fee Credit Amount applied toward payment of road impact fees and the balance of the available unused Road Impact Fee Credit Amount. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a material failure to comply with the terms of this Agreement, then the default provisions as stated herein shall apply. 31. The duration or availability of the Road Impact Fee Credit Amount pursuant to this Agreement, shall not be for a period in excess of five (5) years from the date 13 Agenda Item No. 8G January 23, 2007 Page 86 of 516 Agenda Item No. 10A April 11, 2006 Page 17 of 42 of final completion of the Project and in no event shall the availability of the Road Impact Fee Credit Amount under this Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Agreement in the Official Records of Collier County, Florida. For the purposes of this Agreement, the date of final completion of the Project shall be the date of acceptance of the Project by the County. An extension of the Certificate of Public Facilities Adequacy for an additional five [5] years as provided for in this Agreement shall be construed as a moratoria pursuant to Section 74 -205 F4 of the Consolidated Impact Fee Ordinance, as amended. 32. The off-site improvements, for purposes of impact fee credits, shall exclude any access improvements to the Terafina Development. 33. The Transportation Administrator has determined that the proposed road impact fee credit plan and vesting rights earned and granted under this Agreement are consistent with the public interest. 34. Developer has delivered to the Office of the County Attorney an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 35. The parties acknowledge that the contributions herein characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 36. The Road Impact Fee Credit Amount shall only be for contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the Project is located. 37. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Agreement. 38. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight courier (such as Federal Express), transmitted via facsimile transmission or mailed by certified or registered mail, return receipt requested, in a postage pre -paid envelope, and addressed as follows: As to County; Norman Feder, Transportation Administrator Transportation Administration 2885 South Horseshoe Drive Naples, Florida 34104 14 Agenda Item No. 8G January 23, 2007 Page 87 of 516 Agenda Item Igo. 10A April 11, 2006 Page 18 of 42 With a copy to County's Legal Representative: David Weigel, County Attorney County Attorney's Office 3301 East Tamiami Trail, 8`h Floor Naples, Florida 34112 With a copy to County's Road Project Representative: Jay Ahmad, Director Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104. As to Developer; G.L. Domes of Naples II Corporation c/o Kevin Ratterree, Vice - President 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, FL 33323 With a copy to Developer's Michael S. Sheitelman, Esquire General Counsel: 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, FL 33323 With a copy to Developer's Legal Representative Mark F. Grant, Esq, Ruden, McClosky, Smith, Schuster & Russell 200 East Broward Boulevard PO Box 1900 Fort Lauderdale, Florida 33302 Notices personally delivered or sent by overnight courier shall be deemed given on the date of receipt, notices sent via facsimile transmission shall be deemed given upon transmission and proof of receipt as evidenced by a confirmation of transmittal page and notices sent via certified mail in accordance with the foregoing shall be deemed given three (3) days after being deposited in the U.S. Mails. 39. This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Collier County, Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 40. In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 15 Agenda Item No, 8G January 23, 2007 Page 88 of 516 Agenda Item No. 10A April 11, 2006 Page 19 of 42 41. In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and all captions and paragraph headings shall be discarded. 42. This Agreement constitutes the entire agreement between the parties, and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the parties hereto, 43. The parties agree that in the event that any date on which performance is to occur falls on a Saturday, Sunday or state or national holiday, then the time for such performance shall be extended until the next business day thereafter occurring. 44. Developer is and shall be in the performance of all work, services and activities under this Agreement independent of the County and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement on behalf of Developer shall at all times and in all places be subject to Developer's sole discretion and supervision and control. Developer's relationship and the relationship of its employees, agents, servants and contractors, shall in all respects, shall be independent of the County and not as employees or agents of the County. Developer does not have the power or authority to bind the County in any promise, agreement or representation other than as specifically provided in this Agreement. 45. Except when otherwise expressly stated herein to the contrary, whenever one of the parties to this Agreement is to give its consent, decision, determination or approval, such consent, decision, determination or approval shall not be unreasonably withheld, conditioned or delayed, 46, The Final Certified Estimate of Probable Costs shall be adjusted upon completion of the Project to reflect the actual cost of construction of the Project. Developer shall not be entitled to any reimbursement under this Agreement for those portions of the Final Certified Estimate of Probable Costs that exceed fifteen (15 %) percent of the approved Final Certified Estimate of Probable Costs unless such amounts in excess of said fifteen [15 %] percent are caused by changes or modifications to the Project as requested by the County from time to time after the County has approved and accepted the Final Certified Estimate of Probable Costs of the Project. 16 Agenda Item No. 8G January 23, 2007 Page 89 of 516 Agenda Item No. 10A April 11, 2006 Page 20 of 42 17 Agenda Item No. 8G January 23, 2007 Page 90 of 516 Agenda Item No. 10A April 11, 2006 Page 21 of 42 List of Exhibits: Exhibit "A ": Composite Exhibit A -The Project A— Project Description A -1 — Preliminary Alignment Logan Blvd. Vanderbilt Beach Road To Immokalee Road Exhibit `B ": Composite Exhibit B- The Terafina Development B- Legal Description of Terafina Development B -1 — Terafina Location Map Exhibit I`C": The Preliminary Estimate of Probable Costs Exhibit "D ": Phasing Schedule Exhibit "E ": Attorney's Opinion Exhibit "F ": The County Risk Management Guidelines Exhibit "G": Road Impact Fee Credit Ledger Exhibit "H ": Alternative Dispute Resolution Procedures 18 Agenda Item No. 8G January 23, 2007 Pagge 91 of 516 Agenda Item No. IOA April 11, 2046 Page 22 of 42 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: Attest: DWIGHT E. BROCK, Clerk By., Deputy Clerk AS TO DEVELOPER: WITNESSES: Print Name: Print Name: BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, By: Frank Halas, Chairman G.L. HOMES OF NAPLES ASSOCIATES II, LTD., A FLORIDA LIMITED PARTNERSHIP By: G.L. Homes of Naples I1 Corporation A Florida Corporation, its General Partner By: — Name: Title: Date: 0 Agenda Item No. 8G January 23, 2007 Page 92 of 516 Agenda Item No. 10A April 11, 2006 Page 23 of 42 STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by the of G.L, Homes of Naples II, a Florida Corporation, freely and voluntarily under authority duly vested in him /her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He /she is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2006. (SEAL) Name: Approved as to form and legal sufficiency: Assistant County Attorney Kr/ terafina/dca2ndversion,kr010906 20 NOTARY PUBLIC (Type or Print) My Commission Expires: Agenda Item No. 8G January.23, 2007 ,.. >._ QUA gaJltf� dfet�i A i"i1.1,1:'24 6 .o, � � 81 m Agenda Item No. 8G Agenda Item No. 8G January 23, 2007 Page 97 of 516 Agenda Item No. 10A April 11, 2006 Page 28 of 42 EXHIBIT C Preliminary Estimate of Probable Cost Design $ 890,000 Construction $ 7,650,000 Construction Engineering/Inspection $ 450,000 Total $ 8,990.000 25 21 Agenda Item No. 8G a.- Agenda Item No. 8G Agenda Item No. 8G sx ^f4'ha�'�.•,yiAl..sdi+ % T'�c,`�f'4 hTl at'" � �Et" l.."'FSi. `+3¢''.7 �,i?'.g�{� , q �L ""' _..w T Page ,03 of s Agen�fa Item No 14A gage 4 of 4� ilk 4:4 .The. Claim Form shall be accompanied by; 2 Agenda Item No. 8G January 23,2007 � gen. a, ltero No,14A _ __ Apr�114 .2006 1�age 3b''�f 42 , 312 A chum :tn excess of $250,000:00 brought pursuant to a construction contract with the county shall be subinittod . to mediation _ or- binding Obitratio if voiuritanly agreed m 0,OQQ.f)0 and all non - monetary _ Claims ;brow 8h t_ ursuaut to . a construction oaniract wick the p . coup must b ., _ " .. ty : c`aubniitted to Tinding'arbitration. 3 3 7. Pryor to the ►institution of any htsgiitmon in a circuit court against Calfier County,``tlus Dispute Resolution process must be initiated. _ 3 4 Oiicc the dispute resolution procedure has been untiated, a coiiA of law tray not consider the issuiis involved' in t}e claizii(s) until the dfisptte resolution ' process h been completed. . - 3.5 a The claim trust be a dispute between the County and the prime contractor. . 3. The claim must be related to-issues -in dispute,'Which Mavetcen previously submitted in good faith to. ihe. County pursuant .to this procedure arzd could .:,not be resolved by negotiations: 318 Pendency of a claim=or arbitration -or mediation of a dispute shall not'be a basis for delay of the contractor's - performance under the contract. 4. aN1TbkTL4G- DISPUTE RESOLU'T'ION PROCED TRp 4 I . Either party shall initiate a- request for mediation or'arbitration within thirty .:(30) calendar hays alter a denial of the claim after negotiation by County staff or no later than forty -five (45) calendar days after knowledge of a alarm by claimant. m any event, no: claim shall- be made ;after the date when institution of legal or equitable proceedings based on such claims would :b6* barred by the applicable statute of limitation s, - 4,2 Upon request, the County will make available to any part to initiate .wis3ting arbitration or mediation, a procedural package containing tree necessary farms. T1ie forms shatl include a Notice of Cltiirst; a Request for:Negotiation, a Request for:Arbitration and a Request for Mediation. The County's Purchasing 13epattznent_ shall have these fortes available and they will be included in the County's bid package. 4.3 Either party to the contract inay initiate arbitration or mediation of a claim by submitting a.Re.quest for titration or a Request for Mediation Claim Form to. the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented- by counsel during the hearing and may indicate a desire. to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4:4 .The. Claim Form shall be accompanied by; 2 Agenda Item No. 8G January 23, 2007 33, . . 4 Agenda Item No. 8G plan y 23, 2007 Agenda item Q°�107 of 516 Aonl Agenda Item No. 8G 6. 8 Agenda Item No. 8G January 23, 2007 Agenda Item No. 8G January 23, 2007 PUDEX - 2006 -AR -9610 Page 112 of 516 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE ARTERIAL CORRIDOR ANALYSIS FOR iMMOKALEE ROAD (Livingston Road to Collier Boulevard) PROJECT NO. 0.108,12 PREPARED BY: Metro Transportation Group; Inc. 12651 McGregor. Boulevard, Sitite.4-403 Fort Myers, Florida 33919 941-278-3090, September 26, 2001 l4rolmil_l pkM- N.' I. INTRODUCTION II. BACKGROUND III. ANALYSIS IV. ARTERIAL LEVEL OF SERVICE DETERMINATIONS V. CONCLUSION A Agenda Item No. 8G January 23, 2007 Page 113 of 516 Agenda Item No. 8G January 23, 2007 Page 114 of 516 L INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a corridor analysis for Immokalee Road in response to Collier County staff's concern about the ftiture traffic conditions on Immokalee Road. This analysis is based on the traffic conditions that are anticipated to - -be present on Immokalee Road after the construction of the Terahna and MirasoI residential developments. As a result of this analysis, Immokalee Road was analyzed from Livingston Road to Collier Boulevard (C.R. 951) utilizing the computer analysis program SYNCHRO® along with the latest version of the Highway Capacity Manual and the corresponding latest version of the Highway Capacity Software (HCS). A map of the corridor is illustrated on Figure 1. II. BACKGROUND Immokalee Road is currently being widened to a four -lane roadway from just east of I -75 through Collier Boulevard. In addition, should the upcoming % penny sales tax referendum be approved, Immokalee Road between 1 -75 and Airport Road will be widened to six lanes. Both of these projects were assumed to be completed by the analysis year selected for this report.. The analysis year utilized for this analysis was 2005, This year was selected after referencing the traffic study for both Teraf na and Mirasol. AIong the corridor study area between Livingston Road and Collier Boulevard, there are existing traffic signals at the following intersections: Livingston Road The Strand 1 -75 West Ramp I -75 East Ramp Oakes Boulevard Laurel Oaks Elementary School Gulf Coast High School Collier Boulevard. Page 1 Agenda Item No, 8G January 23, 2007 Page 115 of 516 Several new traffic signals were assumed to in place at the time of build -out of the two residential developments. These include the following intersections: Northbrook Drive Logan Boulevard Extension (Olde Cypress Entrance) Pebblebrook Drive (Mirasol Entrance) Therefore, for this analysis, there were a total of eleven (11) intersections included in the analysis. The trips associated with the Terafina development was referenced from the Traffic Impact Statement (TIS) prepared by Metro dated December 27, 2000, as revised per County staff. Terafina is located to the north of Immokalee Road within Section 16, Range 26E, Township 48S in Collier County. Terafina is proposed to contain 340 single- family units and 510 multi - family units upon completion in 2005. Terafina will have direct access to the Logan Boulevard extension, which is currently called Olde Cypress Drive on the north side of Irrimokalee Road. The vehicle trips associated with the Mirasol development was referenced from the Traffic Impact Statement (TIS) prepared by Vanasse & Dayior, LLP dated January 11, 2001. Mirasol is located to the north of immokalce Road within Sections 10, 15, and 22, Range 26E, Township 48S in Collier County. Mirasol is proposed to contain 375 single- family units, 425 multi - fancily units, and a golf course containing 45 holes. Mirasol will have direct access to Immokalee Road opposite Pebblebrook Drive as well as to the extension of Collier Boulevard north of Immokalee Road. As previously noted, it was assumed that the intersection of Pebblebrook Drive and Immokalee Road will operate under signalized conditions, although a signal at this intersection has not been approved by the County at this time. The Districtwide System. Planning for Florida Intrastate Highway System report for the I- 75 Interchange at Immokalee Road, prepared for the Florida Department of Transportation by CH2M Hill on May 3, 2001, was referenced to obtain future traffic volumes along the Immokalee Road corridor between Livingston Road and Oakes Page 2 Agenda Item No. 8G January 23, 2007 Page 116 of 516 Boulevard. The traffic volumes indicated on the illustration for the 2004 Design Hour Turning Movements for the 6- Signal Alternative were utilized in order to obtain background traffic conditions for the Immokalee Road corridor from Livingston Road to Oakes Boulevard. A copy of this diagram is located in the Appendix of this report for reference. This diagram assumes that there will be traffic signals on Immokalee Road at Northbrook Drive and The Strand in die year 2004. The 2004 traffic volumes located in this diagram. were factored to the year 2005 traffic conditions based on the growth rates discussed in the CH2M Hill report on page 5. An annual growth rate of 4.15% for Immokalee Road was assumed, and an annual growth rate of 5.51 % was assumed for the ramp volumes of I -75. Traffic from the recently constructed Pebblebrook Lakes development (Richland PUD) was also accounted for in this analysis. The TIS prepared by Vanasse & Daylor for Pebblebrook Lakes, dated August 31, 2001, was reviewed in order to obtain traffic projections for the intersection of Immokalee Road at Collier Boulevard. Pebblebrook Lakes is located within Section 27, Range 26E, Township 48S in Collier County. Pebblebrook Lakes is under construction and is proposed to contain 300 single - family dwelling units, 100 multi - family dwelling units and 231,000 square feet of commercial area. This development will have access to Immokalee Road and Collier Boulevard. The TIS created for this report analyzed the intersection of Immokalee Road at Collier Boulevard. The traffic volumes projected at this intersection were utilized in this analysis in order to obtain background traffic volumes for the intersection of Immokalee Road and Collier Boulevard. In addition, the traffic volumes indicated in the intersection analysis contained in the Pebblebrook Lakes TIS for the Immokalee Road/Pebblebrook Drive intersection were utilized in this corridor analysis. Pebblebrook Drive will align opposite the Mirasol residential site access drive. A copy of the Pebblebrook Lakes intersection analysis for Immokalee Road /Collier Boulevard and Immokalee Road/Pebblebrook Drive are included iii the Appendix of this report for reference. The 2001 Olde Cypress DRI Monitoring Report prepared by Metro, dated May 29, 2001 was also referenced in this analysis. The Olde Cypress development is located on the Page 3 Agenda Item No. 8G January 23, 2007 Page 117 of 516 north side of Immokalee Road within Sections 20 and 21, Township 48S, Range 26E in Collier County, Florida. Olde Cypress Drive, or the Logan Boulevard extension, will provide the Olde Cypress development access to Lnmokalee Road. It was assumed that this intersection will operate under signalized traffic conditions in the year 2005. At this tune, only a few residential units in the Olde Cypress development has been constructed. In addition, the Olde Cypress development will not be completed by the time Terafina and Mirasol are completed. For this reason, it was necessary to assume a certain percentage of Olde Cypress would utilize the Logan Boulevard extension to access Immokalee Road. Olde Cypress is proposed to contain 1,000 dwelling units upon completion, as well as a golf course and some commercial uses. It was assumed that 50% of the Olde Cypress development would be completed by the year 2005. Therefore, lialf of the Olde Cypress trips were distributed onto Immokalee Road and are included in the background traffic. III. ANALYSIS In order to analyze the Iinniokalee Road corridor from Livingston Road to Collier Boulevard, two separate arterial analysis methods were performed, and then the results obtained from the two methods were compared. The :first method is based on modeling Immokalee Road in SYNCHRO® 5. The second method is based on performing a Highway Capacity Manual Arterial Analysis utilizing the Highway Capacity Software, HCS 2000. In both cases, ImmokaIec Road was analyzed based on the following scenarios: 2005 background traffic conditions (w /o Terafina & Mirasol) 2005 traffic conditions with Terafina development traffic 2005 traffic conditions with Mirasol development traffic 2005 traffic conditions with both Terafina & Mirasol Both the Terafina and Mirasol development traffic was distributed to the surrounding roadway network based on the FSUTMS distribution analysis, as completed by Metro in the Traffic Impact Analysis for the Terafina development. Page 4 Agenda Item No. 8G January 23, 2007 Page 118 of 516 As previously discussed, Metro assumed traffic signals at the following intersections: Livingston Road The Shand 1 -75 West Ramp 1 -75 East Ramp Northbrook Drive Oakes Boulevard Olde Cypress Drive/Logan Boulevard Extension Laurel Oaks Elementary School Gulf Coast High School Mirasol/Pebblebrook Drive Collier Boulevard. These intersections were assumed to be signalized based on the CH2M Hill report previously discussed, current traffic signal locations, and anticipated traffic signal locations based on the future residential development and the 2005 traffic conditions. tV. ARTERIAL LEVEL OF SERVICE DETERMINATIONS Metro utilized the arterial analysis package SYNCHROO to analyze both the intersection impacts as well as the corridor impacts. SYNCHROO is a Windowso 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 2090 Highway Capacity Manual. The timings of each signal along the study corridor were optimized in order to provide efficient progression of traffic along Irnmokalee Road. Protected left turn phasing was not utilized on the cross street approach unless there were heavy through traffic volumes or" other conditions warranted such phasing. Left turns from the arterial were only allowed on the protected phase at each location. Page 5 Agenda Item No. 8G January 23, 2007 Page 119 of 516 Based on SYNCHROe1 and HCS methods utilized to analyze the Immokalee Road corridor, it is projected that the corridor will operate under acceptable Level of Service conditions once the Terafina and Mirasol developments are constructed. The Appendix of this report includes the SYNCHRO® Arterial Level of Service reports for all four scenarios. In addition, the data sheets from the HCS 2000 Arterial Analysis are also included in the Appendix of this report. Table 1 illustrates the projected level of service conditions on Immokalee Road based on the SYNCHRO® and HCS 2000 analyses performed for all four traffic scenarios. Table 1 Arterial Level of Service Immokalee Road 2005 Traffic Conditions 'S is j %.Ta ldtl {{{{ V1 ♦♦�[[ [G `j�4. 4!(C ! l 7 VS � ';K t T'�I Ct i:.l��'C�F.�TCYi' :p ye,}'y f f}�� 1 I� S � 1+p?lt �f l I , i♦♦ ` � Y1 .}rl�{�.i -y 1 �t� Table 2 compares the intersection capacity analysis for each scenario analyzed. As can be seen from this table, no intersection along the corridor will be significantly impacted as a result of either or both of the proposed developments. Table 2 Intersection Level of Service Immokalee Road Corridor 2005 Traffic Conditions 1 .4` t,t -..`� -,. 1., :`r £,h9)T' Y: r 4 vr)7 —4 F j T)I r..�•r f { ^ nr 1 a-I tl I i 7 cl 1c)� 3 ��C1'i l�2t ll! 1y YY �f f l` 1. a� a �� I■ lf�j tc I.__ • Table 2 compares the intersection capacity analysis for each scenario analyzed. As can be seen from this table, no intersection along the corridor will be significantly impacted as a result of either or both of the proposed developments. Table 2 Intersection Level of Service Immokalee Road Corridor 2005 Traffic Conditions 1 .4` t,t -..`� -,. 1., :`r £,h9)T' Y: r 4 vr)7 •v Y+�c �+ i EY i f. 'fir <.�c�'j'i�$.�pt�lilil� 4.t Ss �rt �r F4 1'. Y,• M rte' ��aiSt 1- ��{�Illil� d SYf t` i, I1�'� "f 4 "Z � } e,�, .l.. )lt'� '� �7� x six rr 1 • � Northbrook i �I� Oakes Blvd. �� ■ Coast Gulf bb _1 1, Page 6 Agenda Item No. 8G January 23, 2007 Page 120 of 516 V. CONCLUSION Based on the analysis conducted by Metro, the hnmokalee Road corridor will not be significantly impacted as a result of the Terafina and Mirasol residential planned developments. Analysis conducted utilizing the arterial analysis program SYNCHRCP as well as the latest version of the Highway Capacity Software indicates that the Level of Service along the corridor will remain unchanged once both developments are completed. Intersection capacity analysis also indicates that the signalized intersections within the study area will not be significantly impacted and will maintain acceptable Levels of Service once both developments are completed. Supporting documentation as well as data printouts from both analysis programs as well as information collected by Metro from other sources regarding background traffic conditions are contained in the Appendix of this report for reference. �Ntc V I \0s\1 aVcpwt.aoi, Page 7 0 Agenda Item No. 8G January 23, 2007 Page 121 of 516 APPENDI-7.1- Agenda Item No. 8G January 23, 2007 Page 122 of 516 TRAFFIC VOLUMES Agenda Item No. 8G January 23, 2007 Page 123 of 516 DISTRICTWIDE SYSTEMS PLANNING FOR FIRS 2004 SIB.- SIGNAL ALTERNATIVE TURNING MOVEMENT COUNTS \ | \\ k $ .� — . # _ $ ^ \\ E k a� o E �& \ 2 e g - n ® > a �CIC a �2 > % t F / 0 &EO� k � / ~�o� <4 C,4 g \ u ) \ C) W + / _: CD � % .2 C) / � � . z Re = 0 § $ � � �. �® �§q 9E Cl( 2 ƒ 2� %\ f� §�k « 22 C) &Z « . eIL 0- � � c \ % $ t ' L ca b c mm me 7 2 . �E 20 . 3 G � � mR 7 ��U , k 2 . (D _ & to } . Ol CD $ t E . R/� < � � �m � �i \ \§ C: E 0 ca CA / CL [ j\\ _ CL co o ! Agenda Item No. 8G January 23, 2007 Page 125 of 516 PEBBLEBROOK. LAKES SYNCHRO - OUTPUT: IMMOKALEE ROAD @ C.R. 951 Agenda Item No. 8G Lanes, Volumes, Timings January 23, 2007 Page 126 of 516 2: Emmokalee Rd & CR -951 8/31/2001 Lane Configurations � .v,.x. Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Adj. Flow (vph) 1105 196 386 452 366 715 Trailing Detector (f) 0 0 0 0 0 0 s s t: E TuaS � * +r Lane Util. Factor 0.95 1.00 1.00 0.95 1.00 1.00 Phases 4 8 5 2 Fit Protected 0.950 0.950 Minimum Initial (s} 10,0 10.0 7.0 10.0 1fl.0 10.0 �a %d�F(o { � .�, i�t��3�;��5.,.,�:�;539� 7?'� 58 � �• ��i�;�'q�"r � �' . .k.�.�i"-�..�"` �.�a��,��'��'�� -�• � �v�; Flt Permitt�� 0.082 0.950 ,�, _ _ � N:��3 Right Turn an Red Ye" Safcl;�;i`1:4.W P;:....9: WX Headway Factor 1.00 1.00 1.00 1.00_ 1.00 1.00 •Lead /Lag Lag Lag - Lead . Link Distance (ft) 599 2304 766 Volume (vph) 1017 180 355 416 - 339 658 .v,.x. Adj. Flow (vph) 1105 196 386 452 366 715 Turn Type Perm pm +pt custom [',otf "�,� v 8' M: MI NP Phases 4 8 5 2 Minimum Initial (s} 10,0 10.0 7.0 10.0 1fl.0 10.0 ' R201126, MaNARMS T otal Split (s) 51.0 51.0 27.0 51.0 42.0 42.0 �Of,�a',nl•�p�i1 9��r�3 %0�'�` - °o�...i.,.��Q 5 °0 3 Yeiiow Time {s) 3.0 3.0 3.0 3A 3.0 3.0 •Lead /Lag Lag Lag - Lead . Recal! Mode on None None None None Max •r Actuated glC Ratio 0.3•6�C- 0.36 0.60j 0.60. 0.33 0.33 vlc•Rat Uniform Delay, d1 33 7 1.6 32.4 10.7 32 0 17 2 • k?elaY :. ��'358 ��3,:��7�4��10'� °� �33�9�.�� Y'. �Ie.V� � '. ,•� � �� t v . .F`L•J� I. LZJ .1..f Yi. liM1f-• -. 454.5 .�.tta: l lL � LOS C A E B C C .. .,� prgac ! � Y w{ 29 w� fi RN S 1{ O 1 �� >��'�',. ,;iii. , 3 .s�•w00 x �n Approach LOS C C C Lh Queue Length 95th (ft) 482 53 X1440 101 355 #578 .pt. ei; ai R � % 50th BLlllowck1a' Time %Fkf.r. 1090-01 9�t{ .UUp pJ �x,.�Y�..�i�.�`�':..q�,� ... ..�'�•rs�'�? =��.- iJ��J��6 '�t��ic.'�i1'•��.'..�P':GY_�. Tura Ba y Length (ft) PM PEAK - Provided timings Synchro 5 Report ' Page 1 VANASSFORT -ST51 — : '. : , . .- .. - . --, . � - , , -, ! � , f� �: :' . : !� �!j 11 7�,Z�, - , - — � - - �, A - ", �' , if .1 1 . . , . I :-. �: � "c . :- . � . . .. . 11 .; 1, ., Agenda item No. 8G January 23, 2007 Page 128 of 516 PEBBLEBROOK. LAKES SYNCI RO 5 OUTPUT: IMMOKALEE ROAD @ WESTERN RESIDENTIAL ACCESS Agenda Item No. 8G January 23, 2007 Page 130 of 516 IMMOKALEE ROAD CORRIDOR TURNING MOVEMENT COUNT MAPS Agenda Item No. 8G January 23, 2007 Page 131 of 516 2005 BACIz%.GR.OUND TRAFFIC CONDITIONS 3 ^tl W a a 3 n 0 5 m Ox W CD M x O ¢1 i]. N i X135 It! Livingston Road ,� 1075 cro PO rn S!�3 8 x-135 cn <--5 The Strand j 25 55- , T 10—y o V co W U1 WO W A N +� (� x-725 �-56U 1-75 Southbound Ramp 1 -75 Northbound Ramp 2sa-" '� T 225--, °10 ('00 cn cn JQV -� Ov Northbrook Drive t 1 Oakes Boulevard 5 > o N 12 X0 � X25 x 100 25 �` 25--3 225—y c°n 9 S M O N C O N co a a >o 3 5 S > o � m Agenda Item No. 8G January 23, 2007 Page 132 of 516 9 �F C ob Y a 3 rL I w o w 0 m (D X O W Q. c"ii ---10 Laurel Oaks Elementary School 5-y Lnn Cn Gulf Coast High School ,� 5 co 2U-- -y M N W 0 c 7 4 7 R 0 N 8 "s Agenda Item No. 8G January 23, 2007 Page 133 of 516 35 ca '� <--I 5 Logan Boulevard Extension 5 22 15--3 10U ti ow, rn o cn 0 m (D X O W Q. c"ii ---10 Laurel Oaks Elementary School 5-y Lnn Cn Gulf Coast High School ,� 5 co 2U-- -y M N W 0 c 7 4 7 R 0 N 8 "s Agenda Item No. 8G January 23, 2007 Page 133 of 516 Agenda Item No. 8G January 23, 2007 Page 135 of 516 2005 TRAFFIC INCLUDING TLRAFINA ONLY Agenda item No. 8G January 23, 2007 2005 ImmokalegV8ad6 of 516 Arterial Level of Service with Terafina only Arterial Level of Service: EB Immokalee Road Livingston Road If 45 33:5 14.0' 47.5 0.3 26:4 C The Strand 11 45 37.6 3.4 41.0 0.4 35.1 A 1 -75 Southbound Rampl 45 :27.4 21.3 48.7 0.3 19.5 D 1 -75 Northbound Rampll 45 10.9 9.2 20.1 0.1 17.9 9 Nddhbr 6k 066. 11 45 27.1 10.0 37:1 0.3 25.3 C Oakes Boulevard II 45 17.5 16.8 34.3 0.2 16.9 D Logaq $:ouievard Exte it 45o 56A 12.6' . 68.7 0.7 36.7 A Laurel Oaks Elementa 11 45 53.0 0.5 53.5 0.7 44.6 A Gulf Coast..Hi4h SCho li .06.. 45 28:0 0.8 28.8 0.3 354 A P bblebrook Drive 11 45 96.3 5.6 101.9 1.2 42.5 A C a' 951: I I i 45 43:fl : t .7 44.7 0.5 33.1 A Total II 30.0 430.4 95.9 526.3 4.9 33.2 B Arterial Level of Service: WB Immokalee Road C R 951 -11 45' ,40A ..: 5.1 "_ 45.1 0:4 . 35.1 A Miraso[ Site Access 11 45 43.0 9.1 52.1 0.5 32.7 B Gulf Coast'- Nigt.Scho Jl 45 14.2 1:4 135.6 1.2 32.0 B Laurel Oaks Elemental[ 45 281) 0.9 28.9 0.3 35.3 A Logantoulevard Exte 11 45 §3 fl 23.5 76.5 0.7 31.2 B Oakes Boulevard li 45 56.1 8.2 64.3 0.7 39.2 A Nod'Wool< Drive 11 45 17:5 3A 20.6 0.2 28.1 .6 1 -75 Northbound Rampll 45 27.1 17.5 44.6 0.3 21.0 D 1 45 Southbound Rampl 45 . 10.9 3.7 14.6 0.1 24.7 C The Strand 11 45 27.4 4.2 31.6 0.3 30.0 B Livingston (load 11 45 37.6 10.3 47.9 0.4 30.1 8 Total 11 474.8 87.0 561.8 4.9 31.7 B RLP Synchro 5 Report 9127/2001 Page i METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 137 of 516 2005 TRAFFIC INCLUDING TERAFINA AND MIRASOL 2005 - Arterial Level of Service Arterial Level of Service: EB Immokalee Road Agenda Item No. 8G January 23, 2007 Immok &lee 38 of 516 I I r The Strand . _,...� ��3 ,. a t, 4� } 37.6 1.4 39.0 0.4 36.9 $hZA "Ram'a'mv Ii �Y1f.W I- No rt h bo und pfl 45 10.9 8.7 19 6 0.1 18.4 D "9� .7s�J.�aat?.K.�•?ekS� Oakes Boulevard If 45 17.�.�1�ii7;: .5 25.4 42.9 Sf`rsrw°5:'i3't °.°.ft3xSr 1E1 >s;2lr 3;E . ,. �: x�� .7�•- .n:��:.z.•n_a,......,.. w...... _ -.. . -.. 0.2 13.5 E .......... .,..._ .- ......,,,... »..r,�.rs..w -s..• ,xur hTi�,,...... t .fif:•i -'+S,- o-*t 'S,.i�, x yi�Ni- iti`'tiui�fi�ii• Laurel Oaks ementa 11 45 53.0_ 0 5 53 5 0.7 44 - t� s Pebblebrook Orive II � 45 �4+a,)i��A:A�f� c��.1� .s��.....,r,: , ''��,�,��A��ia .'4' -'�•' 4.0 100.3 1.2 43.2 A d � {`'�r �'�t.�`..:f,�r�a � ... }i�:...a:�'�k 1� �° � . �'� ' J tiR i •� y ?��` S�w,� � a •v�y r.. . � Ln q'!, r� vel. Y �¢)• .?.'•' Total 11 430.4 129.8 560.2 4.9 31.2 B Arterial Level of Service: WB Immokalee Road I�}(4�� i o v {}b�) .(tv}> jUf 5 27.6 B ry ST 7� i•, �1 �. !�i3:?�r'�57_.:!t+F22't�i.'i.Y� Lauref Oaks Elementa Ii 45 28.0 0.5 28.5 0.3 3.5_.8 A OR- Oakes Baute_vYav(rdi 11 45 _f 56:1 13 G y16�(9}� 7{j 0.7 y�36.2 / 1 A r. �� y�L+� "i�hJrwYi,�� d" "wf.l rC ��i' �PiY��4�Y��R4�� !v��.��- •i�h'�£tty vi i��.+� .ih4� ��. �:n�r 9 ?1 W)i.�Y+��.i!!�_ ( -75 Northbound Ramp11 45 27.1 14. 42.0 0 3 22.3 C I( ��•j�y {�yy� (j]7%��j ,L. < �fJ�/.�yJ yI' yj�}��,{[�, y��(} f{{�rT The Strand f1 45 } 27.4 $ 9 36.3 0 3 C Total If 436.9 113.2 550.1 ' 1 4.9 32.4 13 RLP 9/27/2001 Synchro 5 Report METROTFOR4 -FF51 Page 1 Agenda Item No. 8G January 23, 2007 Page 139 of 516 2005 BACKGROUND TRAFFIC CONDITIONS Agenda Item No. 8G January 23, 2007 2005 Page 140 of 516 Immokalee Road 2: Immokalee Road & Livingston Road Background Traffic Conditions Lane Configurations " ttt ttt ttt Movement .. E L.. E] T_ ESR. WBL WqT WBR NBL NBT NBR. SOL SS7` A< Lane Configurations " ttt ttt ttt ttt r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4,0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.91 1.00 0.97 0.91 1,00 0.97 0.91 1.00 0.97 0.91 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Fit Permitted 0.95 1-00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (perm) 3433 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Volume (vph) 310 2315 125 60 1775 135 105 75 60 135 75 265 Peak -hour factor, PHF 0.92 0492 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 337 2516 136 65 1929 147 114 82 65 147 82 288 Lane Group Flow (vph) 337 2516 136 65 1929 147 114 82 65 147 82 288 Turn Type Prot Perm Prot Perm Prot Perm Prot Perm Protected Phases 5 2 1 6 3 8 7 4 Permitted Phases 2 6 Actuated Green, G (s) 18.8 81.8 81.8 4.0 67.0 67.0 8.3 9.5 8 9.5 8.7 9.9 4 9.9 Effective Green, g (s) 18.8 81.8 81.8 4.0 67.0 67.0 8.3 9.5 9.5 8.7 9.9 9.9 Actuated g/C Ratio 0.16 0.68 0.68 0.03 0.56 0.56 0.07 0.08 0.08 0.07 0.08 0.08 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 10 3.0 3.0 3.0 Lane Grp Cap (vph) 538 3466 1079 114 2839 884 237 403 125 249 420 131 v/s Ratio Prot 0.10 c0.49 0.02 c0.38 0.03 0.02 0.04 0.02 v/s Ratio Perm 0.09 0.09 0.04 0.18 v/c Ratio 0.63 0.73 0.13 0.57 0.68 0.17 0.48 0.20 0.52 0.59 0.20 2.20 Uniform Delay, di 47.3 12.0 6.7 57.2 18.9 12.9 518 51.7 53.1 53.9 51.3 55.0 Progression Factor 1.00 1.00 1.00 1.03 0.48 0.47 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 2.3 1.4 0.2 5.8 1.1 0.3 1.5 0.3 3.9 3.7 0.2 563.4 Delay (s) 49.6 13.4 6.9 64.6 10.2 6.4 55.3 52.0 56.9 57.6 51.6 618.5 Level of Service D B A E B A E D E E D F Approach Delay (s) 17.2 11.6 54.7 369.1 Approach LOS B B D F lgter�e tfari;.:Bumm� HCM Average Control Delay 47.6 HCM Level of Service D HCM Volume to Capacity ratio 0.83 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12,0 Intersection Capacity Utilization 72.8% ICU Level of Service C c Critical Lane Group RLP 9/28/2001 Synchro 5 Report METROTFOR4 -FF51 Page 1 Agenda Item No. 8G January 23, 2007 Pane 141 of 516 2005 lmmokalee Road 3: Immokalee Road & The Strand Background Traffic Conditions Movement- -EBL EBT .E BR VIJt, LT-. WIR NBL NB7 NBAS(31. SST,BFi Lane Configurations I +tt r t r t r Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Utd. Factor 1.00 0.91 1.00 1.00 0.91 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1863 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 1.00 0.75 1.00 1.00 Satd. Flow (perm) 1770 5085 1583 1770 5085 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 160 2315 60 10 1780 25 55 5 10 25 5 135 Peak -hour factor, PHF 0.92 0 192 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 174 2516 65 11 1935 27 60 5 11 27 5 147 Lane Group Flow (vph) 174 2516 65 11 1935 27 60 5 11 27 5 147 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 15.3 95.8 95.8 2.0 82.5 82.5 10.2 10.2 10.2 10.2 10.2 10.2 Effective Green, g (s) 15.3 95.8 95.8 2.0 62.5 82.5 10.2 10.2 10.2 10.2 102 10.2 Actuated g/C Ratio 0.13 0.80 0.80 0.02 0.69 0.69 0.08 0.08 0.08 0.08 0.08 0.08 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.6 3.0 3.0 3.0 -Lane Grp Cap (vph) 226 4060 1254 30 3496 1088 119 158 135 119 158 135 '/s Ratio Prot c0.10 c0.49 0.01 c0.38 0.00 0.00 v/s Ratio Perm 0.04 0.02 0.04 0.01 0.02 0.09 We Ratio 0.77 0.62 0.05 0.37 0.55 0.02 0.50 0.03 0.08 0.23 0.03 1.09 Uniform Delay, d1 50.6 4.8 2.5 58.4 9.5 6.0 52.5 50.4 50.6 51.2 50.4 54.9 Progression Factor 0.98 1.40 0.46 0.80 0.46 0.34 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 10.7 0.5 0.1 5.6 0.5 0.0 3.3 0.1 0.3 11.0 0.1 103.3 Delay (s) 60.6 7.3 1.2 52.2 4.9 2.0 55.8 50.5 50.8 52.2 50.5 158.2 Level of Service E A A D A A E D D D D F Approach Delay (s) 10.5 5.1 54.7 139.2 Approach LOS B A D F HCM Average Control Delay 13.6 HCM Level of Service B HCM Volume to Capacity ratio 0.66 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 65.3% ICU Level of Service B C Critical Lane Group ALP Synchro 5 Report 9/28/2001 Page 2 M ETROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 142 of 516 2005 Immokalee Road 4: (mmokalee Road & 1 -75 Southbound Ramp Background Traffic Conditions EBL• BST EBB.: . W8L W13-7 WBR NBL. NBT Lane Configurations ltfi r tt 1) rr Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.86 1.00 1.00 0.95 0.97 0.88 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Fit Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 6408 1583 1770 3539 3433 2787 Flt Permitted 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (perm 6408 1583 1770 3539 3433 2787 Volume (vph) 0 2025 340 195 1090 0 0 0 0 560 0 725 Peak -hour factor, PHF 0.92 0v 92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 2201 370 212 1185 0 0 0 0 609 0 788 Lane Group Flow (vph) 0 2201 370 212 1185 0 0 0 0 609 0 788 Turn Type Free Prot _ custom custom Protected Phases 2 1 6 7 Permitted Phases Free 7 4 Actuated Green, G (s) 50.7 120.0 20.0 74.7 37.3 37.3 Effective Green, g (s) 50.7 120.0 20.0 743 37.3 37.3 Actuated g/C Ratio 0.42 1.00. 0.17 0.62 0.31 0.31 Clearance Time (s) 4.0 4.0 4.0 4A 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 2707 1583 295 2203 1067 866 v/s Ratio Prot c0.34 c0.12 0.33 0.18 v!s Ratio Perm 0.23 0.28 We Ratio 0.81 0.23 0.72 0.54 0.57 0.91 Uniform Delay, d1 30.5 0.0. 47.3 12.9 34.6 39.7 Progression Factor 0.53 1.00 0.80 0.19 1.00 1.00 Incremental Delay, d2 2.3 0.3 6.9 0.8 0.7 13.3 Delay (s) 18.3 0.3 44.7 3.3 35.4 53.0 Level of Service B A D A D D Approach Delay (s) 15.7 9.5 0.0 45.3 Approach LOS 6 A A D HCM Average Control Delay 21.8 HCM Level of Service C HCM Volume to Capacity ratio 0.83 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utiilzation 71.0% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 3 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 143 of 516 2005 Immokalee Road -9: Immokalee Road & 1 -75 Northbound Ramp Background Traffic Conditions 7; -- W8L WSfi WB,R NBL NOT .Wa9 SBL Q EB: h Lane Configurations 11 Tt ttt r M F? Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. f=actor 0.97 0.95 0.91 1.00 0.97 038 Frt 1.00 1.00 1.00 0.85 1.00 0.85 Fit Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (plot) 3433 3539 5085 1583 3433 2787 Flt Permitted 0.95 1,.00 1,00 1.00 0.95 1.00 Satd. Flow (perm) 3433 3539 5085 1583 3433 2787 Volume (vph) 850 1735 0 0 995 505 290 0 225 0 0 0 Peak -hour factor, PHF 0.92 CF02 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 924 1886 0 0 1082 549 315 0 245 0 0 0 Lane Group Flow (vph) 924 1886 0 0 1082 549 315 0 245 0 0 0 Turn Type Prot Freecustorn custom Protected Phases 5 2 6 3 8 Permitted Phases Free 3 8 Actuated Green, G (s) 48.0 98.1 44.1 120.0 15.9 15.9 Effective Green, g (s) 48,0 96.1 44.1 120.0 15,9 15.9 Actuated g/C Ratio 0.40 0.80 0.37 1.00 0.13 0.13 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 -' .ane Grp Cap (vph) 1373 2834 1869 1583 455 369 /s Ratio Prot 0.27 c0.53 0.21 c0.09 0.09 v/s Ratio Perm 0.35 vIc Ratio 0.67 0.67 0.58 0.35 0.69 0.66 Uniform Delay, dl 29.6 5.1 30.5 0.0 49.7 49.5 Progression Factor 1.16 1.05 0.98 1.00 1.00 1.00 Incremental Delay, d2 0.8 0.8 1.1 0.5 4.5 4.5 Delay (s) 35.1 6.1 30.9 0.5 54.2 54.0 Level of Service D A C A D D Approach Delay (s) 15.7 20.7 54.1 0.0 Approach.LOS B C D A HCM Average Control Delay 21.6 HCM level of Service C HCM Volume to Capacity ratio 0.67 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 67.8% ICU Level of Service B c Critical Lane Group RLP 9/28/2001 METROTFOR4 -FF51 Synchro 5 Report Page 4 2005 6: Immokalee Road & Northbrook Drive Agenda Item No. 8G January 23, 2007 Page 144 of 516 Immokalee Road Backeround Traffic Conditions Movemegt EPC:. BS:,T. EBR WBL W13 WBR NBL NBT NBR �Bl: 3BT. S8A Lane Configurations M 4t �r 11 tt e i ,� �r I t Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 1.00 0.97 0.95 1.00 1.00 1.00 1,00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 F!t Permitted 0.95 .1-00 1.00 0.95 1.00 1.00 0.75 1.00 1.00 0.75 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 180 1710 70 110 1285 40 60 5 40 110 5 155 Peak -hour factor, PHF 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 196 1859 76 120 1397 43 65 5 43 120 5 168 Lane Group Flow (vph) 196 1859 76 120 1397 43 65 5 43 120 5 168 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 13.0 83.9 83.9 9.0 79.9 79.9 15.1 15.1 15.1 15.1 15.1 15.1 Effective Green, g (s) 13.0 83.8 83.9 9.0 79.9 79.9 15.1 15.1 15.1 15.1 15.1 15.1 Actuated g/C Ratio 0.11 0.70 0.70 0.08 0.67 0.67 0.13 0.13 0.13 0.13 0.13 0.13 Clearance Time (s) 4,0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 372 2474 1107 257 2356 1054 177 234 199 177 234 199 v/s Ratio Prot c0.06 c0.53 0.03 0.39 0.00 0.00 vls Ratio Perm 0.05 0.03 0.05 0.03 0.09 0.11 vlc Ratio 0.53 0.75 0.07 0.47 0.59 0.04 0.37 0.02 0.22 0.68 0.02 0.84 Uniform Delay, d1 50.6 11.4 5.7 53.2 11.1 6.9 48.1 46.0 47.1 50.1 46.0 51.3 Progression Factor 0.76 0.49 1.10 0.92 0.38 0.19 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.0 1.7 0.1 1.1 0.9 0,1 13 0.0 0.5 9.9 0.0 26.5 Delay (s) 39.6 7.3 6.4 502 5.1 1.3 49.4 46.0 47.7 60.0 46.0 77.8 Level of Service D A A D A A D D D E D E Approach Delay (s) 10.2 8.5 48.6 69.9 Approach LOS B A D E iriter�et;tigns tam" a, -_ HCM Average Control Delay 14.9 HCM Level of Service B HCM Volume to Capacity ratio 0.75 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 78.1% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 5 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 145 of 516 2005 Immokalee Road .,._.7: Immokalee Road & Oakes Boulevard Background Traffic Conditions -� -�. --v 'r #- � 4\ t 10- 1 a1 :EBL GOT., .5813 WBL WBT EIR NBL. N8T.. -NBR SBL Lane Configurations 11 Tt r V1 tt it + r t r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 1.00 0.97 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Said. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 1.00 0.74 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1378 1863 1583 1378 1863 1583 Volume (vph) 145 1500 290 205 1065 100 250 25 225 100 25 120 Peak -hour factor, PHF 0.92 %92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 158 1630 315 223 1158 109 272 27 245 109 27 130 Lane Group Flow (vph) 158 1630 315 223 1158 109 272 27 245 109 27 130 Turn Type. ' Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 10.1 70.2 70.2 10.7 70.8 70.8 27.1 27.1 27.1 27.1 27.1 27.1 Effective Green, g (s) 10.1 70.2 70.2 10.7 70.8 70.8 27.1 27.1 27.1 27.1 27.1 27.1 Actuated g/C Ratio 0.08 0.59 0.59 0.09 0.59 0.59 0.23 0.23 0.23 0.23 0.23 0.23 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 _'.ane Grp Cap (vph) 289 2070 926 306 2088 934 311 421 357 311 421 357 /s Ratio Prot 0.05 c0.46 c0,06 0.33 0.01 0.01 v/s Ratio Perm 0.20 0.07 c0.20 0.15 0.08 0.08 v/c Ratio 0.55 0.79 0.34 0.73 0.55 0.12 0.87 0.06 0.69 0.35 0.06 0.36 Uniform Delay, d1 52.8 19.2 12.9 53.2 15.0 10.8 44.8 36.5 42.6 39.1 36.5 39.2 Progression Factor 0.72 0.40 0.35 1.23 0.44 0.11 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.5 2.2 0.7 7.3 0.9 0.2 22.8 0.1 5.4 0.7 0.1 0.6 Delay (s) 39.5 9.9 5.3 73.0 7.5 1.4 67.6 36.6 48.0 39.7 36.6 39.8 Level of Service D A A E A A E D D D D D Approach Delay (s) 11.4 16.9 57.2 39.5 Approach LOS B B E D HCM Average Control Delay 20.6 HCM Level of Service C HCM Volume to Capacity ratio 0.80 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 83.1% ICU Level of Service D c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 6 METROTF0144 11751 Agenda Item No. 8G January 23, 2007 Page 146 of 516 205 Immokalee Road 8: Immokalee Road & Laurel Oaks Elementary School Background Traffic Conditions MQVpmezfi;. Eir: . EgT. EBR . W8L -W$,T_ WBR NBL ..NBT.. NCR. Si3.L SBT Lane Configuration s 4 r 4 _vgR Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.95 1.00 1.00 {3.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.91 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.98 Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1664 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.91 Satd. now (perm) 1770 3539 1583 1770 3_5_39 1583 1392 1583 1532 Volume (vph) 5 1455 5 5 955 5 10 0 5 _ 5 0 10 Peak -hour factor, PHF 0.92 002 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 5 1582 5 5 1038 5 11 0 5 5 0 11 Lane Group Flow (vph) 5 1582 5 5 1038 5 0 11 5 0 16 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 Actuated Green, G (s) 1.4 99.1 99.1 2.4 100.1 100.1 6.5 6.5 6.5 Effective Green, g (s) 1.4 99.1 99.1 2.4 100.1 100.1 6.5 6.5 6.5 Actuated g/C Ratio 0.01 0.83 0.83 0.02 0.83 0.83 0.05 0.05 0.05 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 21 2923 1307 35 2952 1320 75 86 83 v/s Ratio Prot 0.00 c0.45 0.00 c0.29 v/s Ratio Perm 0.00 0.00 0.01 0.00 c0.01 v/c Ratio 0.24 0.54 0.00 0.14 0.35 0.00 0.15 0.06 0.19 Uniform Delay, d1 58.8 3.3 1.8 57.8 2.3 1.7 54.1 53.8 54.2 Progression Factor 1.52 0.24 0.00 0.65 0.26 0.18 1.00 1.00 1.00 Incremental Delay, d2 4.1 0.5 0.0 1.8 0.3 OA 0.9 0.3 1.1 Delay (s) 93.7 1.3 0.0 39.7 0.9 0.3 55.0 54.1 55.4 Level of Service F A A D A A E D E Approach Delay (s) 1.6 1.1 54.7 55.4 Approach LOS A A D E lr#ters,��trori�u��:a, HCM Average Control Delay 2.0 HCM Level of Service A HCM Volume to Capacity ratio 0.51 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 60.4% ICU Level of Service B c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 7 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 147 of 516 2005 Immokalee Road ` -): Immokalee Road & Gulf Coast High School Background Traffic Conditions IrBi" BB7 EBR . WBL: WOT M8 fl::.. .NBL .. t�1BT...NBR. `.:SILL 8BT:' Lane Configurations ++ r I tt r T+ 4 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Utit. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.90 Flt Protected 0.95 1.00 1 M 4.95 1.00 1.00 0,95 1.00 0.99 Satd. Flow (prot) 1770 3539 1583 1770. 3539 1583 1770 1583 1651 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 0.94 Said. Flow (perm) 1770 3539 .1583 1770 3539 1583 1385 1583 1575 Volume (vph) 10 1440 5 5 885 5 50 0 20 5 0 15 Peak -hour factor, PHF 0.92 0492 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 11 1565 5 5 962 5 54 0 22 5 0 16 Lane Group Flaw (vph) 11 1565 5 5 962 5 54 22 0' 0 21 0 Turn Type Prot Perm Prot Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 5.6 96.9 96.9 13 92.6 92.6 9.8 9.8 9.8 Effective Green, g (s) 5.6 96.9 96.9 1.3 92.6 92.6 9.8 9.8 9.8 Actuated g/C Ratio 0.05 0.81 0.81 0.01 0.77 0.77 0.08 0.08 0.08 Clearance Time (s) 4,0 4A 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 - .ane Grp Cap (vph) 83 2858 1278 19 2731 1222 1 #3 129 129 ils Ratio Prot 0.01 c0.44 0.00 c0.27 0.01 v/s Ratio Perm 0.00 0.00 c0.04- 0.01 v/c Ratio 0.13 0.55 0.00 0.26 0.35 0.00 0.48 0.17 0.16 Uniform Delay, dl 54.9 4.0 2.2 58.9 4.3 3.1 52.7 51.3 51.3 Progression Factor 0.90 0.04 0.01 1.09 0.19 0.05 1,00 1.00 1.00 Incremental Delay, d2 0.6 0.7 0.0 6.8 0.3 0.0 3.2 0.6 0.6 Delay (s) 49.9 0.8 0.0 70.9 1.1 0.2 55.8 51.9 51.9 Level of Service D A A E A A E D D Approach Delay (s) 1.1 1.5 54.7 51.9 Approach LOS A A D D 1 }� HCM Average Control Delay 3.2 HCM Level of Service A HCM Volume to Capacity ratio 0.54 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 53.3% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 8 METROTFOR4 -FF51 2005 10: Immokalee Road & C. R. 951 Agenda Item No. 8G January 23, 2007 Page 148 of 516 Immokalee Road Background Traffic Conditions ---* --* --v f' '- 4-- 4\ t /'. \* � .1 i«(3T >•. BN WBL.' WBT 1NBR: NBL:. N_6T 'NBR- SK ....SBT:..._ Lane Configurations ft r M ft r 1) t r Vi + r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.95 1.00 0.97 0.95 0.97 1.00 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Flt Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 3539 1583 3433 3539 3433 1583 Fit Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Satd. Flow (perm) 3539 1583 3433 3539 2736 1583 Volume (vph) 0 1135 220 355 485 0 845 0 660 0 0 0 Peak -hour factor, PHF 0.92 a92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 1234 239 386 527 0 .375 0 717 0 0 0 Lane Group Flow (vph) 0 1234 239 386 527 0 375 0 717 0 0 0 Turn Type Prot Free Prot Perm Perm Free Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases Free 6 8 Free 4 4 Actuated Green, G (s) 63.0 120.0 24.0 91.0 21.0 120.0 Effective Green, g (s) 63.0 120.0 24.0 91.0 21.0 120.0 Actuated g/C Ratio 0.52 1.00 0.20 0.76 0.18 1.00 Clearance Time (s) 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1858 1583 687 2684 4.79 1583 vls Ratio Prot c0.35 c0.11 0.15 v/s Ratio Perm 0.15 c0.14 0.45 v/c Ratio 0.66 0.15 0.56 0.20 0.78 0.45 Uniform Delay, d1 20.8 0.0 43.3 4.1 47.3 0.0 Progression Factor 0.05 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.3 0.1 1.1 0.2 8.2 0.9 Delay (s) 2.4 0.1 44.3 4.3 55.5 0.9 Level of Service A A D A E A Approach Delay (s) 2.1 21.2 19.7 0.0 Approach LOS A C B A HCM Average Control Delay 12.6 HCM Level of Service B HCM Volume to Capacity ratio 0.66 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 65.8% ICU Level of Service B c Critical Lane Group Rt_P Synchro 5 Report 9128/2001 Page 9 MI= TROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 149 of 516 2005 Immokalee Road 30: Immokalee Road & Mirasol Site Access Background Traffic Conditions an ; E8T EE k WBL W15T ..: W, R NRL.. tJBT NBR - 313L Mr.. . Lane Configurations I tt r tT r f f t e Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Utit. Factor 0.95 1.00 1.00 0.95 1.00 1.00 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Flt Protected 1.00 1.00 0.95 1.00 0.95 1.00 Said. Flow (prot) 3539 1583 1770 3539 1770 1583 Fit Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Said. Flow (perm) 3539 1583 1770 3539 1410 1583 Volume (vph) 0 1365 80 10 845 0 55 0 5 0 0 0 Peak -hour factor, PHI= 0.92 012 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 1484 87 11 918 0 60 0 5 0 0 0 Lane Group Flow (vph) 0 1484 87 11 918 0 60 0 5 0 0 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 7 4 3 8 2 6 Permitted Phases 4 8 2 2 6 6 Actuated Green, G (s) 62.5 62.5 1.5 68.0 44.0 44.0 Effective Green, g (s) 62.5 62.5 1.5 68.0 44.0 44.0 Actuated g/C Ratio 0.52 0.52 0.01 0.57 0.37 0.37 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 `.ane Grp Cap (vph) 1843 824 22 2005 517 580 �/s Ratio Prat c0.42 0.01 c0.26 v/s Ratio Perm 0.05 c0.04 0.00 v/c Ratio 0.81 0.11 0.50 0.46 0.12 0.01 Uniform Delay, d1 23.7 14.6 58.9 15.2 25.1 24.1 Progression Factor 0.18 0.11 0.79 0.52 1.00 1.00 Incremental Delay, d2 2.3 0.0 16.1 0.2 0.5 0.0 Delay (s) 6.6 1.6 62.6 8.1 25.6 24.2 Level of Service A A E A C C Approach Delay (s) 6.3 8.8 25.5 0.0 Approach LOS A A C A HCM Average Control Delay 7.7 HCM Level of Service A HCM Volume to Capacity ratio 0.51 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 51.0% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 10 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 150 of 516 2005 lmmokalee Road 32: lmmokalee Road & Logan Boulevard Extension Background Traffic Conditions .fy8.L E$T,...EBR-. WBL WBT WBA Lane Configurations M tt r tt r t r I t pr Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Mi. Factor 0.97 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 3539 1583 1770 3539 1583 1770 1863 1583 1770 1863 1583 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 1.00 0.75 1.00 1.00 Satd. Row (perm) 3433 3539 1583 1770 3539 1583 1392 1863 1.583 1392 1863 1583 Volume (vph) 285 1305 35 35 865 80 220 15 100 65 15 235 Peak -hour factor, PHF 0.92 Oi92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 310 1418 38 38 940 87 239 16 109 71 16 255 Lane Group Flow (vph) 310 1418 38 38 940 87 239 16 109 71 16 255 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 7 4 3 8 2 6 Permitted Phases 4 8 2 2 6 6 Actuated Green, G (s) 16.0 61.5 61.5 5.2 50.7 50.7 41.3 41.3 41.3 41.3 41.3 41.3 Effective Green, g (s) 16.0 61.5 61.5 52 50.7 50.7 41.3 41.3 41.3 41.3 41.3 41.3 Actuated g/C Ratio 0.13 0.51 0.51 0.04 0.42 0.42 0.34 0.34 0.34 0.34 0.34 0.34 Clearance Time (s) 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 458 1814 811 77 1495 669 479 641 545 479 641 545 v/s Ratio Prot c0.09 0.40 0.02 0.27 0.01 0.01 v/s Ratio Perm 0.02 0.05 c0.17 0:07 0.05 0.16 v/c Ratio 0.68 0.78 0.05 0.49 0.63 0.13 0.50 0.02 0.20 0.15 0.02 0.47 Uniform Delay, dl 49.5 23.8 14.6 56.1 27.2 21.2 31.2 26.0 27.7 27.2 26.0 30.8 Progression Factor 1.25 0.83 1.27 1.20 0.56 0.54 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 23 1.6 0.0 4.7 0.8 0.1 3.7 0.1 0.8 0.7 0.1 2.9 Delay (s) 64.7 21.4 18.6 72.0 16.0 11.6 34.8 26.1 28.5 27.8 26.1 33.6 Level of Service E C B E B B C C C C C C Approach Delay (s) 28.9 17.7 32.6 32.1 Approach LOS C B C C 1 .iY HCM Average Control Delay 26.2 HCM Level of Service C HCM Volume to Capacity ratio 0.68 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 72.5% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 11 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 151 of 516 2005 TRAFIC INCLUDING TERAFINA ONLY Agenda Item No. 8G January 23, 2007 Page 152 of 516 2005 Immokalee Road 2: Immokalee Road & Livingston Road with Terafina only --� 4__ Lane Configurations M f tf r M ttt r 11 +14 r MI W r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 Fri 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Fit Permuted 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Said, Flow (perm) 3433 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Volume (vph) 310 2425 125 75 1830 155 105 75 95 175 75 265 Peak -hour factor, PHF 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 337 2636 136 82 1989 168 114 82 103 190 82 288 Lane Group Flow (vph) 337 2636 136 82 1989 168 114 82 103 190_ 82 288 Turn Type Prot Perm Prot Perm Prot Perm Prot Perm Protected Phases 5 2 1 6 3 8 7 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 18.8 81.1 81.1 4.0 66.3 66.3 7.0 9.2 9.2 9.7 11.9 11.9 Effective Green, g (s) 1818 81.1 81.1 4.0 66.3 66.3 7.0 9.2 9.2 9.7 11.9 11.9 Actuated g/C Ratio 0.16 0.68 0.68 0.03 0.55 0.55 0.06 0.08 0.08 0.08 0.10 0.10 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 538 3437 1070 114 2809 875 200 390 121 278 504 157 v/s Ratio Prot 0.10 c0.52 0.02 c0.39 0.03 0.02 c0.06 0.02 " vls Ratio Perm 0.09 0.11 0.07 0.18 v/c Ratio 0.63 0.77 0.13 0.72 0.71 0.19 0.57 0.21 0.85 0.68 0.16 1.83 Uniform Delay, di 47.3 13.1 6.9 57.4 19.7 13.4 55.0 52.0 54.7 53.7 49.5 54.0 Progression Factor 1.00 1.00 1.00 1.02 0.51 0.79 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 2,3 1.7 0.2 16.6 1.3 0.4 3.7 0.3 40.4 6.8 0.2 399.2 Delay (s) 49.6 14.8 7.1 75.1 11.4 11.1 58.7 52.3 95.1 60.4 49.6 453.2 Level of Service D B A E B B E D F E D F Approach Delay (s) 18.2 13.7 69.5 260.9 Approach LOS B 8 E F D HCM Average Control Delay 41.0 HCM Level of Service HCM Volume to Capacity ratio 0.90 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 16.0 Intersection Capacity Utilization 76.4% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 1 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 153 of 516 2005 Immokalee Road - 3: Immokalee Road & The Strand with Terafina only Lane Configurations W F I W it I T F I + F Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.91 1.00 1.00 0.91 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Said. Flow (prot) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1863 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 1.00 0.75 1.00 1.00 Satd. Flow (perm) 1770 5085 1583 1770 5085 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 160 2475 60 10 1870 25 55 5 10 25 5 135 Peak -hour factor, PHF 0.92 0492 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 174 2690 65 11 2033 27 60 5 11 27 5 147 Lane Group Flow (vph) 174 2690 65 11 2033 27 60 5 11 27 5 147 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 15.5 96.0 96.0 1.8 82.3 82.3 10.2 10.2 10.2 10.2 10.2 10.2 Effective Green, g (s) 15.5 96.0 96.0 1.8 82.3 82.3 10.2 10.2 10.2 10.2 10.2 10.2 Actuated g/C Ratio 0.13 0.80 0.80 0.02 0.69 0.69 0.08 0.08 0.08 0.08 0.08 0.08 Clearance Time (s) 4.0 4.0 4.0 4.0 .4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 -- Lane Grp Cap (vph) 229 4068 1266 27 3487 1086 119 158 135 119 158 135 v/s Ratio Prot c0.10 c0.53 0.01 c0.40 0.00 0.00 v/s Ratio Perm 0.04 0.02 0.04 0.01 0.02 0.09 v/c Ratio 0.76 0.66 0.05 0.41 0.58 0.02 0.50 0.03 0.08 0.23 0.03 1.09 Uniform Delay, d1 50.5 5.1 2.5 58.6 9.9 6.0 52.5 50.4 50.6. 51.2 50.4 54.9 Progression Factor 1.09 0.68 0.08 0.77 0.38 0.36 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 9.1 0.6 0.1 7.0 0.5 0.0 3.3 0.1 0.3 1.0 0.1 103.3 Delay (s) 64.1 4.0 0.3 52.3 4.2 2.2 55.8 505 50.8 52.2 50.5 158.2 Level of Service E A A D A A E D D D D F Approach Delay (s) 7.5 4.5 54.7 139.2 Approach LOS A A D F HCM Average Control Delay 11.5 HCM Level of Service 8 HCM Volume to Capacity ratio 0.69 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 68.6% ICU Level of Service 6 c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 2 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 154 of 516 2005 Immokalee Road 4: Immokalee Road & 1 -75 Southbound Ramp with Terafina only Lane Configurations ItH F Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4,0 4.0 4.0 4.0 Lane Util. Factor 0.86 1.00 1.00 0.95 0.97 0.88 Frt 1.00 0.85 1,00 1.00 1.00 0.85 Fit Protected 1.00 1.00 0,95 1.00 0.95 1.00 Satd. Flow (prot) 6408 1583 1770 3539 3433 2787 Fit Permitted 1.00 1.00 0.95 1.00 0.95 1.00 Said. Flow (perrn) 6408 1583 1770 3539 3433 2787 Volume (vph) 0 2185 340 210 1185 0 0 _ _ 0 0 595 0~ 725 Peak -hour factor, PHF 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 2375 370 228 1288 0 0 0 0 647 0 788 Lane Group Flow (vph) 0 2375 370 228 1288 0 0 0 0 647 0 788 Turn Type f=ree Prot custom custom Protected Phases 2 1 6 7 Permitted Phases Free 7 4 Actuated Green, G (s) 51.3 120.0 20.0 75.3 36.7 36.7 Effective Green, g (s) 51.3 120.0 20.0 75.3 36.7 36.7 Actuated g/C Ratio 0.43 1.00 0.17 0.63 0.31 0.31 Clearance Time (s) 4.0 4,0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 2739 1583 295 2221 1050 852 v/s Ratio Prot c0.37 c0.13 0.36 0.19 v/s Ratio Perm 0.23 0.28 We Ratio 0.87 0.23 0.77 0.58 0.62 0.92 Uniform Delay, d1 31.2 0.0 47.8 13.1 35.6 40.3 Progression Factor 0.62 1.00 0,86 0.27 1.00 1.00 Incremental Delay, d2 3.2 0.3 9.8 0.9 1:i 15.5 Delay (s) 22.6 0.3 51.1 4.5 36.7 55.9 Level of Service C A D A D E Approach Delay (s) 19.5 11.5 0.0 47.2 Approach LOS B i B A D E ACM Average Control Delay 11 24.4 90M HCM Level of Service C iCM Volume to Capacity ratio 0.87 Lctuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 itersection Capacity Utilization 75.5% ICU Level of Service C Critical Lane Group Synchro 5 Report 2001 Page 3 IOTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 155 of 516 2005 Immokalee Road - 5: immokalee Road & 1 -75 Northbound Ramp with Terafina only -'11 -1,. --v 'r *- 'I--4\ fi r Lane Configurations Vj*j tt till F M FF Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Utll. Factor 0.97 0.95 0.91 1.00 0.97 0.68 Frt 1.00 1.00 1.00 0.85 1.00 0.85 Fit Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (prot) 3433 3539 5085 1583 3433 2787 Flt Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (perm) 3433 3539 50.85 1583 3433 2787 Volume (vph) 850 1930 0 0 1105 520 290 0 255 0 0 0 Peak -hour factor, PHF 0.92 0492 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 924 2098 0 0 1201 565 315 0 277 0 0 0 Lane Group Flow (vph) 924 2098 0 0 1201 565 315 0 277 0 0 0 Turn Type Prot Free custom custom Protected Phases 5 2 6 3 8 Permitted Phases Free 3 8 Actuated Green, G (s) 45.0 95.1 461 120.0 16.9 16.9 Effective Green, g (s) 45.0 95.1 46.1 120.0 16.9 16.9 Actuated 910 Ratio 0.38 0.79 0.38 1.00 0.14 0.14 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1287 2805 1953 1583 483 393 v/s Ratio Prot 0.27 c0.59 0.24 0.09 c0.10 v/s Ratio Perm 0.36 v/c Ratio 0.72 0.75 0.61 0.36 0.65 0.70 Uniform Delay, d1 32.1 6.3 29.8 0.0 48.8 49.2 Progression Factor 1.17 1.28 0.57 1.00 1.00 1.00 Incremental Delay, d2 1.1 1.1 1.2 0.5 3.2 5.7 Delay (s) 38.8 9.2 18.2 0.5 51.9 54.8 Level of Service D A B A D D Approach Delay (s) 18.2 12.5 53.3 0.0 Approach LOS B B D A HCM Average Control Delay 20.2 HCM Level of Service C HCM Volume to Capacity ratio 0.74 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 74.4% ICU Level of Service C c Critical Lane Group ALP Synchro 5 Report 9/28/2001 Page 4 METROTFOR4 -FF51 2005 6: Immokaiee Road & Northbrook Drive Agenda Item No. 8G January 23, 2007 Page 156 of 516 immokalee Road with Terafina only tiUfi;piverage ContY01 ieiaY 77 0iM l Qve{ of $: ®nriie t3` HOM Volume to Capacity. ratio 0.80 Actuated ,Cycle Length r.- Q S.um af'lostr;. {s) 8.0 Intersection Capacity Utilization 84.8% ICU Level of Service D c Critical. Lane. Group RLP Synchro 5 Report 8/28/2001 Page 5 Lane Configurations 1) }t r Vil r `� r V1 T r Ideal Flout. (vphpi) ' 1900 ; 1900 1800: 1900 , 1900: 1900: 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 . 4.0 4.0 4.0 4.0 Lane Util: Factor 0.97 . 09 100 ;0.97 0.95 1;QQ; 1;00 _ .1.00. 1.00 1,00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 FIt Protected - 0:95. 1 O0 . `. 00 : 0;95;' 1.00. .1;00 Q.95: 1•.00 .1:00. 0.95_ 1:00 100 Satd. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 Fit Permitted .: 0.95. '; ;G10 :1 00 : 0 95 1 QU . _ ,1 Q0, : O i5; 1:00 100 0.75 1.00 ,1,OQ Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1405 1863 1583 1405 1863 1583 V41u rn e (�'4?t?) . :.i$Q , 1;9 ?';;�70`. ...1 U 1480 ;:` 0 ` G0; 5 #0 110. r- Peak -hour factor, P.HF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 4.92 Adi flow (vph) : . °.. 196 203 " :1 53a _ :, 65 5 43 120 168 Lane Group Flow (vph) 196 2103 76 120 1533 43 65 5 43 120 5 168 Tum?Type;. P[ot ' :, f'rm Prot P ' Part prrr. ' Perm Perm Perm Protected Phases 5 2 1 6 8 4 POrniNd'Phases . . 2* ` . f': 8: 8 4 4 Actuated Green, G (s) 12.0 86.8 86.8 7.0 81.8 81.8 14.2 14.2 14.2 14.2 14.2 14.2 Effective: Green, g (s) 12 0 86 8 808 7A- 8i;.8`. 811.8' i4:2 14;2:, 142 14.2 i4:2 1412 Actuated g/C Ratio 0.10 0.72 0.72 0.06 0.68 0.68 0.12 0.12 0.12 0.12 0.12 0.1'2 0 Qarance Time (s). 4 0 0 4 0 _. 4s0: 4a: 4 Q._', 4 0' : 4:0` 4A 4.0 40 ..*-O Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lanp'rp Cap. {vph }. 343 X60 115 `.. '24� „107 ,; 16fi ' 22(% -- 1;87 166 220 1 "87 v/s Ratio Prot c0.06 cO.59 0.03 0.43 0.00 0.00 . vl� patio Perrri 0.03 009 Wc. Ratio 0.57 0.82 0.07 0.60 0.64 0.04 0.39 0.02 0.23 0.72 0.02 0.90 Untfofm Relay, cil ; 51 5 3:�, $ r 4,8 :,551 . 10 - 4.3 51.0 . X6;8 52:2 Progression Factor 0.61 0.81 2.08 1.14 0.27 0.23 1.00 1.00 1.00 1.00 1.00 1.00 Iilcr r menital t]elay; d2- 1 6 2 t, ;0 1 8 ' . 1,0 `: 01:` : 1.5'.: 0 0?- 0 6 14.4 0.0 X8:2 Delay (s) 43.4 11.3 10.1 66.4 3.9 1.5 50.4 46.8 48.6 65.4 46.8 90.4 Le+iel`of,Service D $ 8 : E ". A,`., A.': i0.: D_ D E D F Approach Delay (s) 13.9 8.3 49.8 79.4 / ppriiaoh.LOS ._::. B'.. •., A D. .. E tiUfi;piverage ContY01 ieiaY 77 0iM l Qve{ of $: ®nriie t3` HOM Volume to Capacity. ratio 0.80 Actuated ,Cycle Length r.- Q S.um af'lostr;. {s) 8.0 Intersection Capacity Utilization 84.8% ICU Level of Service D c Critical. Lane. Group RLP Synchro 5 Report 8/28/2001 Page 5 Agenda Item No. 8G January 23, 2007 Page 157 of 516 2005 Immokalee Road 7: Immokatee Road & Oakes Boulevard with Terafina only � _-+. � r 4-- � 4\ Lane Configurations 1) tt r 1) ft r I t F T r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 1.00 0.97 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95. 1.00 1.00 0.95 1.00 1;00 0.95 1.00 1.00 Satd. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 1.00 0.74 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1378 1863 1583 1378 1863 1583 Volume (vph) 145 1725 290 220 1195 100 250 25 250 100 25 120 Peak -hour factor, PHF 0.92 0192 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 158 1875 315 239 1299 109 272 27 272 109 27 130 Lane Group Flow (vph) 158 1875 315 239 1299 109 272 27 272 109 27 130 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 10.0 72.0 72.0 10.0 72.0 72.0 26.0 26.0 26.0 26.0 26.0 26.0 Effective Green, g (s) 10.0 72.0 72.0 10.0 72.0 72.0 26.0 26.0 26.0 26.0 26.0 26.0 Actuated g/C Ratio 0.08 0.60 0.60 0.08 0.60 0.60 0.22 0.22 0.22 0.22 0.22 0.22 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 286 2123 950 286 2123 950 299 404 343 299 404 343 v/s Ratio Prot 0.05 c0.53 c0.07 0.37 0.01 0.01 v/s Ratio Perm 0.20 0.07 c0.20 0.17 0.08 0108 v/c Ratio 0.55 0.88 0.33 0.84 0.61 0.11 0.91 0.07 0.79 0.36 0.07 0.38 Uniform Delay, d1 52.8 20.4 12.0 54.2 15.2 10.3 45.9 37.4 44.5 40.0 37.4 401 Progression Factor 0.84 0.68 0.41 1.34 0.52 0.49 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.4 3.7 0.6 15.2 1.0 0.2 29.5 0.1 11.9 0.8 0.1 0.7 Delay (s) 46.0 17.5 5.5 88.1 9.0 5.2 75.4 37.4 56.3 40.7 37.4 40.8 Level of Service D B A F A A E D E D D D Approach Delay (s) 17.8 20.2 64.5 40.4 Approach LOS B C E D HCM Average Control Delay 25.4 HCM Level of Service C HCM Volume to Capacity ratio 0.89 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 90.4% ICU Level of Service E c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 6 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 158 of 516 2005 Immokalee Road 8: Immokalee Road & Laurel Oaks Elementaty School with Terafina only � --f- "`t f j1- 4\ .01 Lane Configurations 11 tt r tt F 4 F + Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Fri 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.91 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0198 Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1664 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.91 Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1392 1583 1532 Volume (vph) 5 1485 5 5 1040 5 10 0 5 5 0 10 Peak -hour factor, PHF 0.92 002 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 5 1614 5 5 1130 5 11 0 5 5 0 11 Lane Group-Flow (vph) 5 1614 5 5 1130 5 0 11 5 0 16 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 Actuated Green, G (s) 2:2 100.1 100.1 1.4 99.3 99.3 6.5 6.5 6.5 Effective Green, g (s) 2.2 100.1 100.1 1.4 99.3 99.3 6.5 6.5 6.5 Actuated g/C Ratio 0.02 0.83 0.83 0.01 0.83 0.83 0.05 0.05 0.05 Clearance Time (s) 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 32 2952 1320 21 2929 1310 75 86 83 v/s Ratio Prot 0.00 c0.46 0.00 c0.32 v/s Ratio Perm 0.00 0.00 0.01 0.00 c0.01 v/c Ratio 0.16 0.55 0.00 0.24 0.39 0.00 0.15 0.06 0.19 Uniform Delay, d1 58.0 3.0 1.7 58.8 2.6 1.8 54.1 53.8 54.2 Progression Factor 0.97 0.19 0.07 1.01 0.37 0.35 1.00 1.00 1.00 Incremental Delay, d2 1.7 0.6 0.0 5.5 0.4 0.0 0.9 0.3 1.1 Delay (s) 58.2 1.1 0.1 65.0 1.3 0.6 55.0 54.1 55.4 Level of Service E A A E A A E D E Approach Delay (s) 1.3 116 54.7 55.4 Approach LOS A A D E HCM Average Control Delay 2.0 HCM Level of Service A HCM Volume to Capacity ratio 0.53 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 61.3% ICU Level of Service B c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 7 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 159 of 516 2005 Immokalee Road 9: Immokalee Road & Gulf Coast High School with Terafina only Lane Configurations Itt it ++ F I to 4 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.90 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.99 Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1651 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 0.94 Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1385 1583 15.7.5 Volume (vph) 10 1480 5 5 985 5 50 0 20 5 0 15 Peak -hour factor, PHF 0.92 002 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 11 1609 5 5 1071 5 54 0 22 5 0 16 Lane Group Flow (vph) 11 1609 5 5 1071 5 54 22 0 0 21 0 Turn Type Prot Perm Prot Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 2.2 96.9 96.9 1.3 96.0 96.0 9.8 9.8 9.8 Effective Green, g (s) 2.2 96.9 96.9 1.3 96:0 96.0 9.8 9.8 91$ Actuated g/C Ratio 0.02 0.81 0.81 0.01 0.80 0.80 0.08 0.08 0.08 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 -- Lane Grp Cap (vph) 32 2858 1278 19 2831 1266 113 129 129 v/s Ratio Prot 0.01 c0.45 0.00 c0.30 0.01 v/s Ratio Perm 0.00 0.00 c0.04 0.01 We Ratio 0.34 0.56 0.00 0.26 0.38 0.00 0.48 0.17 0.16 Uniform Delay, dl 58.2 4.1 2.2 58.9 3.4 2.4 52.7 51.3 51.3 Progression Factor 0.91 0.20 0.18 1.25 0.38 0.05 1.00 1.00 1.00 Incremental Delay, d2 5.5 0.7 0.0 6.8 0.4 0.0 3.2 0.6 0.6 Delay (s) 58.5 1.5 0.4 80.5 1.7 0.1 55.8 51.9 51.9 Level of Service E A A F A A E D D Approach Delay (s) 1.9 2.0 54.7 51.9 Approach LOS A A D D 3.8 HCM Level of Service A HCM Average Control Delay HCM Volume to Capacity ratio 0.56 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 54.5% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 8 M5TROTFOR4 -FF51 2005 10: Immokalee Road & C.R. 951 Agenda Item No. 8G January 23, 2007 Page 160 of 516 Immokalee Road With Terafina only Lane Configurations ft F 11 ft F 1) t r I t r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.95 1.00 0.97 0.95 0.97 1.00 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Flt Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prat) 3539 1583 3433 3539 3433 1583 .Fit Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Satd. Flow (perm) 3539 1583 3433 3539 2736 1583 Volume (vph) 0 1140 240 355 495 0 380 0 660 0 0 0 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Ad]. Flow (vph) 0 1239 261 386 538 0 413 0 717 0 .0 0 Lane Group Flow (vph) 0 1239 261 386 538 0 413 0 717 0 0 0 Turn Type Prot Free Prot Perm Perm Free Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases Free 6 8 Free 4 4 Actuated Green, G (s) 67.0 120.0 18.3 89.3 22.7 120.0 Effective Green, g (s) 67.0 120.0 18.3 89.3 22.7 120.0 Actuated g/C Ratio 0.56 1.00 0.15 0.74 0.19 1.00 Clearance Time (s) 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1976 1583 524 2634 518 1583 v/s Ratio Prot c0.35 GOA 1 0.15 v/s Ratio Perm 0.16 c0.15 0.45 We Ratio 0.63 0.16 0.74 0.20 0.80 0.45 Uniform Delay, d1 18.0 0.0 485 4.6 46.5 0.0 Progression Factor 0.09 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.0 0.2 5.4 _ 0.2 8.3 0.9 Delay (s) 2.6 0.2 53.9 4.8 54.8 0.9 Level of Service A A D A D A Approach Delay (s) 2.2 25.3 20.6 0.0 Approach LOS A C C A HCM Average Control Delay 14.1 HCM Level of Service B HCM Volume to Capacity ratio 0.68 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 67.0% ICU Level of Service B c Critical Lane Group Ri_P Synchro 5 Report 9/28/2001 Page 9 METROTFOR4 --FF51 2005 30: Immokalee Road & Mirasol Site Access Agenda Item No. 8G January 23, 2007 Page 161 of 516 Immokalee Road With Teratina only Lane Configurations Vi it tt r I t r I 4 r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.95 1.00 1.00 0.95 1.00 1.00 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Fit Protected 1100 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 3539 1583 1770 3539 1770 1583 Fit Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Satd. Flow (perm) 3539 1583 1770 3539 1410 1583 Volume (vph) 0 1395 80 10 900 0 55 0 5 0 0 0 Peak -hour factor, PHF 0.92 4.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 1516 87 11 978 0 60 0 5 0 0 0 Lane Group Flow (vph) 0 1516 87 11 978 0 60 0 5 0 0 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 7 4 3 8 2 6 Permitted Phases 4 8 2 2 6 6 Actuated Green, G (s) 64.0 64.0 1.5 69.5 42.5 42.5 Effective Green, g (s) 64.0 64.0 1.5 69.5 42.5 42.5 Actuated g/C Ratio 0.53 0.53 0.01 0.58 0.35 0.35 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4A Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1887 844 22 2050 499 561 v/s Ratio Prot c0.43 0.01 c0.28 vls Ratio Perm 0.05 c0.04 0.00 v/c Ratio 0.80 0.10 0.50 0.48 0.12 0.01 Uniform Delay, d1 22.9 13.8 58.9 14.7 26.1 25.1 Progression Factor 0.25 0.13 0.96 0.56 1.00 1.00 Incremental Delay, d2 2.2 0.0 15.9 0.2 0.5 0.0 Delay (s) 7.9 1.9 72.5 B.4 26.6 25.1 Level of Service A A E A C C Approach Delay (s)' 7.5 9.1 26.5 0.0 Approach LOS A A C A HCM Average Control Delay 8.6 HCM Level of Service A HCM Volume to Capacity ratio 0.52 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 51.9% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 10 METROTFOR4 -FF51 Agenda Item No, 8G January 23, 2007 Page 162 of 516 2005 Immokalee Road 32: Immokalee Road & Logan Boulevard Extension with Teraflna only Lane Configurations 11 tt r tt r I t r + jr Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fri 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 3539 .1583 1770 3539 1583 1770 1863 1583 1770 1863 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 1.00 0.75 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 1770 3539 1583 1392 1863 1583 1583 Volume (vph) 575 1305 35 35 865 160 220 15 100 105 15 385 Peak -hour factor, PHF 0.92 Q.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 625 1418 38 38 940 174 239 16 109 114 16 418 Lane Group Flow (vph) 625 1418 38 38 940 174 239 16 109 114 16 418 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 7 4 3 8 2 6 Permitted Phases 4 8 2 2 6 6 Actuated Green, G (s) 29.7 61.3 61.3 4.6 35.2 36.2 42.1 42.1 42.1 42.1 42.1 42.1 Effective Green, g (s) 29.7 61.3 61.3 4.6 36.2 36.2 42.1 42.1 42.1 42.1 42.1 42.1 Actuated g/C Ratio 0.25 0.51 0.51 0.04 0.30 0.30 0.35 0.35 0.35 0.35 0.35 0.35 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 850 1808 809 68 1068 478 488 654 555 488 654 555 v/s Ratio Prot c0.18 c0.40 0.02 c0.27 0.01 0.01 v/s Ratio Perm 0.02 0.11 0.17 0.07 0.08 0.26 v/c Ratio 0.74 0.78 0.05 0.56 0.88 0.36 0.49 0.02 0.20 0.23 0.02 0.75 Uniform Delay, d1 41.5 24.0 14.7 56.7 39.8 32.9 30.5 25.5 27.2 27.5 25.5 34.4 Progression Factor 0.76 0.53 0.15 0.84 0.60 0.60 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.8 1.3 0.0 9.1 8.2 0.4 3.5 0.1 0.8 1.1 0.1 9.1 Delay (s) 33.4 14.0 2.2 56.8 32.0 20.1 34.0 25.6 27.9 28.7 25.6 43.5 Level of Service C B A E C C C C C C C D Approach Delay (s) 19.6 31.0 31.8 39.9 Approach LOS B C C D HCM Average Control Delay 26.5 HCM Level of Service C HCM Volume to Capacity ratio 0.78 Actuated Cycle Length (s) ' 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 75.2% ICU Level of Service C c Critical Lane Group i ri r.rrr - r�.ww.�rr r r r r iw. RLP Synchro 5 Report 9/28/2001 Page 11 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 163 of 516 2005 TRAFFIC INCLUDING TERAFINA AND MIRASOL Agenda Item No. 8G January 23, 2007 • Page 164 of 516 2005 Immokafee Road 2, fmmokalee Road & Livingston Road with Terafina & Mirasol Lane Configurations " ♦tt r 11 W r I) ttt IN )) +++ _fir Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (perm) 3433 5085 1583 3433 5085 1583 3433 1583 3.433 5085 1583 Volume (vph) 310 2550 125 100 1910 185 105 _5_085 75 130 220 ..._._ 75_ 265 Peak -hour factor, PHF 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 337 2772 136 109 2076 201 114 82 141 239 82 288 Lane Group Flow (vph) 337 2772 136 109 2076 201 114 82 141 239 82 288 Turn Type Prot Perm Prot Penn Prot Perm Prot Perm Protected Phases 5 2 1 6 3 8 7 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 14.0 77.1 77.1 6.0 69.1 69.1 6.0 10.1 10.1 10.8 14.9 14.9 Effective Green, g (s) 14,0 77.1 77.1 6.0 69.1 69.1 6.0 10.1 10.1 10.8 14.9 14.9 Actuated g/C Ratio 0.12 0.64 0.64 0.05 0.58 0.58 0.05 0.08 0.08 0.09 0.12 0.12 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 401 3267 1017 172 2928 912 172 428 133 309 631 197 v/s Ratio Prot 0.10 c0.55 0.03 c0.41 0.03 0.02 c0.07 0.02 v/s Ratio Perm 0.09 0.13 0.09 0.18 v/c Ratio 0.84 0.85 0.13 0.63 0.71 0.22 0.66 0.19 1.06 0.77 0.13 1.46 Uniform Delay, di 51.9 16.9 8.4 55.9 18.2 12.4 56.0 51.1 55.0 53.4 46.8 52.5 Progression Factor 1.00 1.00 1.00 0.96 0.66 1.31 1.00 1.00 1.00 1.00 1.00 1.00 incremental Delay, d2 14.6 3.0 03 6.0 1.2 0.4 9.2 0.2 95.0 11.4 0.1 233.6 Delay (s) 66.5 19.8 8.7 59.9 13.2 16.6 65.2 51.4 150.0 64.8 46.9 286.1 Level of Service E B A E B B E D F E D F Approach Delay (s) 24.2 15.6 97.3 167.1 Approach LOS C B F F HCM Average Control Delay 38.0 HCM Level of Service D HCM Volume to Capacity ratio 0.95 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 16.0 Intersection Capacity Utilization 80.4% ICU Level of Service D c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 1 METROTFOR4 -FF51 Agenda Item No. 8G January 3, 2007 2005 lrnmokalef W of 516 3: Irnmokalee Road & The Strand with Mirasol only Lane Configurations I ttt r 27 ttt r 119 4 r '� t r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.91 1.00 1.00 0.91 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Ftt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prat) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1863 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0,75 1.00 1.00 0.75 1.00 1.00 Satd. Flow (perch) 1770 5085 1583 1770 6085 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 160 2495 60 10 1915 25 55 5 10 25 5 135 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 174 2712 65 11 2082 27 60 5 11 27 5 147 Lane Group Flow (vph) 174 2712 65 11 2082 27 60 5 11 27 -5 147 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 15.4 96.0 96.0 1.8 82.4 82.4 10.2 10.2 10.2 10.2 10.2 10.2 Effective Green, g (s) 15.4 96.0 96.0 1.8 82.4 82.4 10.2 10.2 10.2 10.2 10.2 10.2 Actuated g/C Ratio 0.13 0.80 0.80 0.02 0.69 0.69 0.08 0.08 0.08 0.08 0.08 0.08 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 227 4068 1266 27 3492 1087 119 158 135 119 158 135 - v/s Ratio Prot c0.10 c0.53 0.01 c0.41 0.00 0.00 Ws Ratio Perm 0.04 0.02 0.04 0.01 0.02 0109 v/c Ratio 0.77 0.67 0.05 0.41 0.60 0.02 0.50 0.03 0.08 0.23 0.03 1.09 Uniform Delay, d1l 50.6 5.1 2.5 58.6 10.0 6.0 52.5 50.4 50.6 512 50.4 54.9 Progression Factor 1.12 0.57 0.08 0.79 0.49 0.45 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 9.2 0.5 0.0 6.8 0.5 0.0 3.3 0.1 03 1.0 0.1 1033 Delay (s) 65.7 3.5 0.3 53.3 5.4 2.7 55.8 50.5 50.8 52.2 50.5 158.2 Level of Service E A A D A A E D D D D F Approach Delay (s) 7.1 5.6 54.7 139.2 Approach LOS A A D F c CrItIcal Lane Group RLP Synchro 5 Report 9/28/2001 Page 2 METROTFOR4 -FF51 HCM Average Control Delay 11.6 HCM Level of Service B HCM Volume to Capacity ratio 0.70 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 69.1% ICU Level of Service B c CrItIcal Lane Group RLP Synchro 5 Report 9/28/2001 Page 2 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 166 of 516 2005 Immokalee Road 4: Immokalee Road & 1 -75 Southbound Ramp with Terafina & Mirasoi Lane Configurations TUT r tt M er Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.86 1.00 1.00 0.95 0.97 0.88 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Fit Protected 1.00 1.00 0.95 1.00 0.95 1.00 Said. Flow (prot) 6408 1583 1770 3539 3433 2787 Fit Permitted 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (perm) 6408 1583 1770 3539 3433 2787 Volume (vph) 0 2395 340 230 1320 0 0 0 0 630 0 725 Peak -hour factor, PHF 0.92 0.02 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 2603 370 250 1435 0 0 0 0 685 0 788 Lane Group Flow (vph) 0 2603 370 250 1435 0 0 0 0 685 0 788 Turn Type Free Prot custom custom Protected Phases 2 1 6 7 Permitted Phases Free 7 4 Actuated Green, G (s) 54.1 120.0 18.6 76.7 35.3 35.3 Effective Green, g (s) 54.1 120.0 18.6 76.7 35.3 35.3 Actuated g/C Ratio 0.45 1.00 0.16 0.64 0.29 0.29 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 2889 1583 274 2262 1010 820 vls Ratio Prot c0.41 c0.14 0.41 0.20 v1s Ratio Perm 0.23 0.28 v1c Ratio 0.90 0.23 0.91 0.63 0.68 0.96 Uniform Delay, d1 30.5 0.0 49.9 13.1 37.3 41.7 Progression Factor 0.63 1.00 1.39 0.11 1.00 1.00 Incremental Delay, d2 3.9 0.3 26.5 1.0 1.8 22.3 Delay (s) 22.9 0.3 95.8 2.5 39.2 64.0 Level of Service C A F A D E Approach Delay (s) 20.1 16.3 0.0 52.4 Approach LOS C B A D HCM Average Control Delay 26.8 HCM Level of Service C HCM Volume to Capacity ratio 0.92 Actuated Cycle Length (s) 120.0 Sure of lost time (s) 12.0 Intersection Capacity Utilization 81.1% ICU Level of Service D c Critical Lane Group RLP Synchro 5 Report 9/28/2401 Page 3 M ETROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 167 of 516 2005 Immokalee Road -q: fimmokalee Road & 1 -75 Northbound Ram with Terafina & Mirasol Lane Configurations 1) tZ W F Vil Fiv Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 0.91 1.00 0.97 0.88 Fri 1.00 1.00 1.00 0.85 1.00 0.85 Flt Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd.*Flow (prot) 3433 3539 5085 1583 3433 2787 Flt Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (perm) 3433 3539 5085 1583 3433 2787 Volume (vph) 850 2210 0 0 1260 545 290 0 290 0 0 0 Peak -hour factor, PHF 0.92 0 <02 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 924 2402 0 0 1370 592 315 0. 315 0 0 0 Lane Group Flow (vph) 924 2402 0 0 1370 592 315 0 315 0 0 0 Turn Type Prot Free custom custom Protected Phases 5 2 6 3 8 Permitted Phases Free 3 8 Actuated Green, G (s) 42.0 94.8 48.8 120.0 17.2 17.2 Effective Green, g (s) 42.0 94.8 48.8 120.0 17.2 17.2 Actuated g/C Ratio 0.35 0.79 0.41 1.00 0.14 0,14 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 ane Grp Cap (vph) 1202 2796 2068 1.583 492 399 's Ratio Prat 0.27 c0.68 0.27 0.09 c0.11 vls Ratio Perm 0.37 v/c Ratio 0.77 0.86 0.66 0.37 0,64 0.79 Uniform Delay, dl 34.7 8.2 28.9 0.0 48.5 49.7 Progression Factor 0.70 0.94 0.51 1.00 1.00 1.00 Incremental Delay, d2 1.6 1.9 1.2 0.5 2.8 10.0 Delay (s) 26.0 9.7 15.8 0.5 51.3 59.6 Level of Service C A B A D E Approach Delay (s) 14.2 11.2 55.5 0.0 Approach LOS 6 B E A HCM Average Control Delay 17.6 HCM Level of Service B HCM Volume to Capacity ratio 0.85 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 84.1% ICU Level of Service D c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 4 METROTFOR4-F1751 Agenda Item No. 8G January 23, 2007 Page 168 of 516 2005 Immokalee Road 6: tmmokalee Road & Northbrook Drive with Terafina & Mirasol Lane Configurations 1) tT r 1) ft if I t r r Idea( Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 1.00 0.97 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1 M 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 Fit Permitted 0.95 .1-00 1.00 0.95 1.00 1.00 0.75 1.00 1.00 0.75 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 180 2250 70 110 1590 40 60 5 40 110 5 155 Peak -hour factor, PHF 0.92 0192 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 196 2446 76 120 1728 43 65 5 43 120 5 168 Lane Group Flow (vph) 196 2446 76 120 1728 43 65 5 43 120 5 168 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 12.0 89.1 89.1 5,0 82.1 82.1 13.9 13.9 13.9 13.9 13.9 13.9 Effective Green, g (s) 12.0 89.1 89.1 5.0 82.1 82.1 13.9 13.9 13.9 13.9 13.9 13.9 Actuated g/C Ratio 0.10 0.74 0.74 0.04 0.68 0.68 0.12 0.12 0.12 0.12 0.12 0.12 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 _Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3 0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 343 2628 1175 143. 2421 1083 163 216 183 163 216 183 v/s Ratio Prot c0.06 c0.69 0.03 0.49 0.00 0.00 v/s Ratio Perm 0.05 0.03 0.05 0.03 0.09 0.11 vk Ratio 0.57 0.93 0.06 0.84 0.71 0.04 0.40 0.02 0.23 0.74 0.02 0.92 Uniform Delay, dl 51.5 12.9 4.2 57.1 11.7 6.2 49.2 47.0 48.2 51.3 47.0 52.5 Progression Factor 1.06 1.47 1.76 0.96 0.14 0.07 1.00 1.00 1.00 1,00 1.00 1.00 Incremental Delay, d2 1.2 4.1 0.1 24.9 1.3 0.0 1.6 0.0 0.7 15.8 0.0 43.4 Delay (s) 55.8 23.0 7.4 79.7 2.9 0.5 50.8 47.1 48.9 67.1 47.1 95.8 Level of Service E C A E A A D D D E D F Approach Delay (s) 24.9 7.7 49.9 83.2 Approach LOS C A p F HCM Average Control Delay 22.4 HCM Level of Service C HCM Volume to Capacity ratio 0.89 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 94.3% ICU Level of Service E c Critical Lane Group RLP 9!28/2001 Synchro 5 Report Page 5 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 169 of 516 20Q5 Immokalee Road --7: Immokalee Road & Oakes Boulevard with Teratina & Mirasol Lane Configurations + t r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 1.00 0.97 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 1.00 0.74 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1378 1863 1583 1378 1863 1583 Volume (vph) 145 2005 290 240 1370 100 250 25 280 100 25 120 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 158 219 315 261 1489 109 272 27 304 109 27 130 Lane Group Flow (vph) 158 2179 315 261 1489 109 272 27 304 109 27 130 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 10.0 74.0 74.0 10.0 74.0 74.0 24.0 24.0 24.0 24.0 24.0 24.0 Effective Green, g (s) 10.0 74.0 74.0 10.0 74.0 74.0 24.0 24.0 24.0 24.0 24.0 24.0 Actuated g/C Ratio 0.08 0.62 0.62 0.08 0.62 0.62 0.20 0.20 0.20 0.20 0.20 0.20 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 -' .ane Grp Cap (vph) 286 2182 976 286 2182 976 27.6 373 317 276 373 317 s Ratio Prot 0.05 cO.62 cO.08 0.42 0.01 0.01 v/s Ratio Perm 0.20 0.07 cO.20 0.19 0.08 O.OB v/c Ratio , 0.55 1.00 0.32 0.91 0.68 0.11 0.99 0.07 0.96 0.39 0.07 0.41 Uniform Delay, d1 52.8 22.9 11.0 54.6 15.2 9.5 47.8 39,0 47.5 41.7 39.0 41.8 Progression Factor 0.82 0.61 0.17 1.17 0.88 0.54 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, 02 1.0 12.3 0.4 24.2 1.2 0.2 49.8 0.1 39.1 0.9 0,1 0,9 Delay (s) 44.3 26.3 2.2 88.0 14.6 5.2 97.6 39.0 86.7 42.6 39.0 42.7 Level of Service D C A F B A F D F D D D Approach Delay (s) 24.5 24.3 89.5 42.3 Approach LOS C C F D HCM Level of Service C 32.6 HCM Average Control Delay HCM Volume to Capacity ratio 0.99 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 99.4% ICU Level of Service E c Critical Lane Group ALP Synchro 5 Report 9/28/2001 Page 6 METROTFOR4 -FF51 c Critical Lane Group RLP Synchro 5 Report 9/28!2001 Page 7 METROTFOR4 -FF51 Agenda Item No. 8G 2005 Immokal fl§W��3�2007 8: knmokalee Roast & Laurel Oaks Elementary School Of516 with Terafina rasoi a Lane Configurations ►� �� Irg tt it �[ Ideal Flow (vphpl) 1900 1900 1900 1900 1900. 1900 1900 1900 1900 1900 1900 1900 Totai Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1100 0.85 0.91 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.98 Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1664 F t Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.91 Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1583 1532 Volume (vph) 5 1785 5 5 1250 _1392 5 10 -�0 ^5 5 0 10 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 5 1 40 5 5 1359 5 11 0 5 5 0 11 Lane Group Flow (vph) 5 1 40 5 5 1359 5 0 11 5 0 16 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 Actuated Green, G (s) 1.4 100.1 100.1 1.4 100.1 100.1 6.5 6.5 6.5 Effective Green, g (s) 1.4 100.1 100.1 1.4 100.1 100.1 6.5 6.5 6.5 Actuated g/C Ratio 0.01 0.83 0.83 0.01 0.83 0.83 0.05 0.05 0.05 Clearance Time-(s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 21 2952 1320 21 2952 1320 75 86 83 v/s Ratio Prot 0.00 c0.55 0.00 c0.38 v/s Ratio Perm 0.00 0.00 0.01 0.00 c0.01 v/c Ratio 0.24 0.66 0.00 0.24 0.46 0.00 0.15 0.06 0.19 Uniform Delay, d1 58.8 3.7 1.7 58.8 2.7 1.7 54.1 53.8 54.2 Progression Factor 0.83 0,15 0.00 1.21 0.21 0.18 1.00 1.00 1.00 Incremental Delay, d2 3.9 0.8 0.0 5.4 0.5 0.0 0.9 0.3 1.1 Delay (s) 52.8 1.3 0.0 76.4 1,0 0.3 55.0 54.1 55.4 Level of Service D A A E A A E 0 E Approach Delay (s) 1.5 1.3 54.7 55.4 Approach LOS A A D E HCM Average Control Delay 1.9 HCM Level of Service A HCM Volume to Capacity ratio 0.63 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 intersection Capacity Utilization 70.3% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/28!2001 Page 7 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 20(�5 lRmrrlokaleepr%1 71 of 516 9. Immokalee Road & Gulf Coast High School with Terafina & Mirasol � � � f � 4\ fi Lane Configurations - 5.7 HCM Level of Service A tt r Actuated Cycle Length (s) tt r 63.8% ICU Level of Service $ 1 44, Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.90 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.99 Satd. Flow (prat) 1770 3539 1583 1770 3539 1583 1770 1583 1651 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 0.94 Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1385 1583 1575 Volume (vph) 10 1790 5 5 1185 5 50 0 20 5 0 15 Peak -hour factor, PHF 0.92 0.t92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 11 1946 5 5 1288 5 54 0 22 5 0 16 Lane Group Flow (vph) 11 1946 5 5 1288 5 54 22 0 0 21 0 Turn Type Prot Perm Prot Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 1.4 96.7 96.7 1.4 96.7 96.7 9.9 9.9 9.9 Eff ective Green, g (s) 1.4 96.7 96.7 1.4 963 96.7 9.9 9.9 9.9 Actuated g/C Ratio 0.01 0.81 0.81 0.01 0.81 0.81 0.08 0.08 o.08 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 21 2852 1276 21 2852 1276 11.4 131 130 's Ratio Prot c0.01 c0.55 0.00 .0.36 0.01 s Ratio Perm 0.00 0.00 c0.04 0.01 v/c Ratio 0.52 0.68 0.00 0.24 0.45 0.00 0.47 0.17 , 0.16 Uniform Delay, di 59.0 5.0 2.3 58.8 3.6 2.3 52.6 51.2 51.2 Progression Factor 0.95 0.07 0.04 0.82 2.09 2.30 1.00 1.00 1.00 Incremental Delay, d2 17.1 1.0 0.0 4.8 0.4 0.0 3.1 0.6 0.6 Delay (s) 73.1 1.4 0.1 53.2 7.9 5.2 55.6 51.8 51.8 Level of Service E A A D A A E D D Approach Delay (s) 1.8 8.0 54.5 51.8 Approach LOS A A D D HCM Average Control Delay 5.7 HCM Level of Service A HCM Volume to Capacity ratio 0.66 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utllization 63.8% ICU Level of Service $ c Critical Lane Group ,LP Synohro 5 Report 9/28/2001 Page 8 METROTFOR4 -FF51 Agenda Item No. 8G 2005 IMM04WR#d2OO7 10: Immokalee Road & C.R. 951 with Torafina8gVlras'oql 516 Lane Configurations 2 1 M t+ r M f r t=ree 0.15 UO Ideal; Flow *,(v-04pI): 1900.- 1900. 1900. 1900- 19010, 1900' 1900 1900 190.0. 1900'. 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0.20 z40 0.195 1.00;,• 0.97-:- 9.,9�5- 1,,.00 0.97, 1.00 1.00. 1,00, J.00 1.00 Frt 1.00 1'.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1,00 0.85 F1f`Pi6tOOtO&: O�os 38.4 Ov - 4t 6, OY6 ON - a 5 �95 lt PQ; l"QQ' 1.00 1..Ob 0.95... 1-.00 1..-00* Satd. Flow (prot) 1770 3539 1583 3433 3539 15M 3433 . 1863 158 . 3 1770 1663 1583 :.cr"95-i'-1.� '0- :0. 00 I.W 1.00' 17.00 Satd. Flow (perm) 1770 3539 1683 3433 3539 1583 2685 1863 1583 1392 1863 1583 415 1 600 20;.. - - 35 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0,92 0.92 0.92 0.92 Adt F -'4,5,.: 272.� 386 54 11, 451, 16" 717 5:7: - 22 - Lane Group Flow (vph) 71 1245 272 386 543 11 451 16 717 5 22 38 Protected Phases Actuated . : ' Green, G (s) Actuated g/C Ratio Vehicle Extension (s) 5 2 1 6 4 v/s. Ratio Prot 8 c0.35 2405 t=ree 0.15 UO ra 8 4.0 9.-6 65.4 126.0 180 73.9 73.9 24.5 24.5 v/c Ratio 654--, 120.0. 18.4 '719 0.25 2415, 24:5 0.08 0.55 1.00 0.15 0.62 0.62 0.66 0.20 z40 383 Progression Factor ().82 0. 75 1.00 4..0 4.0 3.0 3.0 1.00 3.0 3.0 3.0 3.0 3.0 HCM Volume to Capacity ratio Actuate # 4 10,- .�: :C-0 -Le -ndth-�6. o- Intersection Capacity Utilization 0.70 120A.- 74.9% '."(W-M! l'9!-`bf0J0P S_LAq,of, - lost time ICU Level of Service Free.. IMO 120.0 0,45', I , t 0.45 .M. - 1.00 -0,9': 0.9 X 12.0 C 4 .4. 4 v/s. Ratio Prot 0.04 c0.35 2405 c0.11 0.15 UO 0.20 0.01 4.0 .. 4-.p 017 , 3.0 3.0 GO 71 v/c Ratio 0. 56 6.66 0.17 0.75 0.25 0.01 0.82 0.04 U0#6ftWD-1 Yr d-1 52 9 4.9 1.00 1.00 1.06 O.b 01-1 383 Progression Factor ().82 0. 75 1.00 1.00 1.00 1.00 1.00 1.00 i yy --N I , --5 . A 9.72 0 Delay (s) 45.6 15.6 0.2 54.5 10.7 8.9 55.4 38.4 Ov - 4t 6, OY6 ON - ff� A' D Approach Delay (s) 14.3 28.7 22.2 HCM Volume to Capacity ratio Actuate # 4 10,- .�: :C-0 -Le -ndth-�6. o- Intersection Capacity Utilization 0.70 120A.- 74.9% '."(W-M! l'9!-`bf0J0P S_LAq,of, - lost time ICU Level of Service Free.. IMO 120.0 0,45', I , t 0.45 .M. - 1.00 -0,9': 0.9 X 12.0 C RLP Synchs 5 Report 9128/2001 Page 9 METROTFOR4-FF51 4 .4. 4 24.5 24,5 24,5 2405 24.5 24;5 UO 0.20 0.20 4.0 4.0 4-.p 3.0 3.0 3.0 0.01 0:02 0..02 0.06 0.12 1.00 1.00 1.06 O.b 01-1 -O.c2 38.2 38.5 39.1 Q D 0 38.8 D. RLP Synchs 5 Report 9128/2001 Page 9 METROTFOR4-FF51 Agenda Item No. 8G January 23, 2007 2005 Immokalee RdWe 173 of 516 30: Immokalee Road & Mirasol Site Access with Terafina & Mirasol Lane Configurations I TT F 'I 'PT i* 15 0 '`185 P6 k heour factor, PHF Ideal 1716W(#O.hpl) 1900 1900 1900 - 1900 1;900 1900 . -low. 1900 1900 1900. 1900 1,900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4:4 4.0 4.0 4.0 4.0 t3 ane l3tit Fa(<tor, • 1:(10 0'95 1,00 - " 1:00 1549 1 c 0 ti: 0 1.00 -1.0o. 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 1.00 0,85 Fif`Frdte' f Perr<1 Psrm >?erm Protected Phases 7 4 1;00: 0:95 1:00 ... Said. Flow (prof) 1770 3539 1583 1770 3539 1583 1770 1583 1770 1583 i✓t Perrij�tl :. [)5: i t?0. 1 `:0 � 0:9.5 1` A. 1` t)ti s �7t 1;00 {),76. 1 c00 Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1410 1583 1410 1583 VoiL?(rl`(p). 15 0 '`185 P6 k heour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 / j rfltlin `(vOW 15#9 g7 `11. 1016 `f 132 '.GO. , -O 5 18 0 201 Lane Group Flow (vph 283 1549 87 11 1016 82 60 0 5 16 0 201 I°(ait�`pe Brat' Penn Pti4t �fm, a)?eYm Perr<1 Psrm >?erm Protected Phases 7 4 3 8. 2 6 f?ts�iitttlf'ha9$ '4 .g ,: 2 ` 2 6 6 Actuated Green, G (s) 28.2 71.1 71.1 1.5 44.4 44.4 35.4 35.4 35.4 35.4 6ffexf0dG1r► 9`S).$ 2 X1;1 71::1 .. _.15 444 "35r4 . ` =' .. 35:4 35.4 35:4 4ctuated g/C Ratio 0.23 0.59 0.59 0.01 0.37 0.37 0.29 0.29 0.29 0.29 #ear a 'flCne`{) 4'0` q 4 0 _14;0'. : :.4:, a0 r a 4 Q 4 0 4.0 4:0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 10 3.0 3.0 3.0 3.0 Al �$$4(ta 467 416. 467 rf -atio Prot 0.16 c0.44 0.01 c0.29 0.01: 0:43 r/c rsatia 0.68 0.74 0.09 0:50 0.78 0.14 0.14 0.01 0.04 0.43 ffr @lay'.1 41`x$' 1t "#kl8: d33C4xi'1,1 X9;9 302 34:;2 3rogression Factor 0.67 0.23 0.11 1.39 0.57 0.30 1.00 1.00 1.00 1.00 i('+�?TtCtilbltyr`4. 11 Q0 '9�t1 `L `8 :i "9 Ley 00 QsO 06 )elay (s) 31.4 5.0 1.2 97.5 21.8 7.5 31.9 30.0 30.2 34.8 Vel °tlf'e�xie C ::A ;q F C = A- C C C C 1pproach Delay (s) 8.8 21.5 31.7 34.5 ACM Volume to Capacity ratio 1e�utecf CylerftH ° {s) itersection Capacity Utilization } Gntip lr (, "0, .00v 0 65 1 0:0 S r bf lo"tt d rri`(s} 8.0 st 59.5% ICU Level of Service A Synchro 5 Report r�o/2001 Page 10 IETROTFOR4 -FF51 Agenda Item No. 8G Janu 23 2005 Immoka A 2507 t 516 32: Immokalee Road & Logan Boulevard Extension with Terafina & Mirasol --* --p. ---t f .- 'Q 4\ t /00 \. -4/ Lane Configurations 1� tt F tt F t r t- _r Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.97 0.95 1.00 !.00 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 3433 3539 1583 1770 3539 1583 1770 1863 1583 1770 1863 1583 Fit Permitted 0.95 1.00 1:00 0.95 1.00 1.00 0.75 1.00 1,00 0.75 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 1770 3539 1583 1392 1863 1583 1392 1863 1583 Volume (vph) 575 1545 35 35 1050 160 220 15 _ 100 105 15 385 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 625 1{679 38 38 1141 174 239 16 109 114 16 418 Lane Group Flow (vph) 625 1679 38 38 1141 174 239 16 109 114 16 418 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 7 4 3 8 2 6 Permitted Phases 4 8 2 2 6 6 Actuated Green, G (s) 27.7 70.0 70.0 4.0 46.3 46.3 34.0 34.0 34.0 34.0 34.0 34.0 Effective Green, g (s) 27.7 70.0 70.0 4.0 46.3 46.3 34.0 34.0 34.0 34.0 34.0 34.0 Actuated g/C Ratio 0.23 0.58 0.58 0.03 0.39 0.39 0.28 0.28 0.28 0.28 0.28 0.28 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 792 2064 923 59 1365 611 394 528 449 394 528 449 v/s Ratio Prot 0.18 c0.47 0.02 c0.32 0.01 0.01 v/s Ratio Perm 0.02 0.11 0.17 0.07 0.08 0.26 We Ratio 0.79 0.81 0.04 0.64 0.84 0.28 0.61 0.03 0.24 0.29 0.03 0.93 Uniform Delay, d1 43.4 19.8 10.7 57.3 33.4 25.4 37.2 31.1 33.1 33.6 31.1 41.9 Progression Factor 0.70 0.41 0.13 0,94 0.66 1.15 1.00 1.00. 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.9 0.9 0.0 19.9 4.2 0.2 6.8 0.1 1.3 1.8 0.1 28.3 Delay (s) 32.4 9.0 1.4 73.5 26.3 29.5 44.0 31.2 34.4 35.4 31.2 70.1 Level of Service C A A E C C D C C D C E Approach Delay (s) 15.1 28.0 40.6 61.8 Approach LOS 6 C D E HCM Average Control Delay 26.5 HCM Level of Service C HCM Volume to Capacity ratio 0.85 Actuated Cycle Length (s) 120.0 Sure of lost time (s) 8.0 Intersection Capacity Utilization 80.7% ICU Level of Service D c Critical Lane Group nw,M r u i r r i ir.w RLP Synchro 5 Report 9/28/2001 Page 11 METROTFOR4 -FF51 Agenda Item No. 8G January 23, 2007 Page 175 of 516 HCS 2000 ARTERIAL ANALYSIS DATA SHEETS Agenda Item No. 8G January 23, 2007 Page 176 of 516 2005 BACKGROUND TRAFFIC CONDITIONS HCS2000: Urban Streets Release 4.1 ef--- -, Transportation Group, Inc. 2, McGregor Boulevard, Suite 4 -403 art Myers, FL 33919 hone: 941 - 278 -3090 -Mail: Fax: 941- 278 -1906 roject ID: Job 010812 Description of Arteri nalysis period length 0.25 hr ag. Cross street name Length Urban Free of street flow segment class speed (mi) (mph) Running time (sec) Agenda Item No. 8G January 23, 2007 Page 177 of 516 Section Livingston Road OPERATIONAL ANALYSIS nalyst: RLP gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour rban Street: Immokalee Road irection of Travel: East -bound urisdiction: Col. i.er County nalysis Year: 200 - Terafina & Mirasol roject ID: Job 010812 Description of Arteri nalysis period length 0.25 hr ag. Cross street name Length Urban Free of street flow segment class speed (mi) (mph) Running time (sec) Agenda Item No. 8G January 23, 2007 Page 177 of 516 Section Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -75 Northbound Ramp 0.26 2 45 26.8 4 Northbrook Drive 0.16 2 45 17.4 5 Oakes Boulevard 0.70 2 45 59.4 6 Logan Boulevard Extension 0.66 2 45 56.4 7 Laurel Oaks Elementary School 0.28 2 45 28.3 8 Gulf Coast High School 1.20 2 45 138.0 9 3 Pebblebrook Drive 0.47 2 45 42.2 10 1 C.R. 951 0.50 2 45 44.0 11 2 4 0.670 3.0 0 25.4 3 C X20.0 0.790 0.832 2796 1 0.457 3.0 0 1.1 0.0 A 120.0 0.743 0.901 2628 4 Intersection Delay Estimates Bg Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.642 0.822 3267 4 1.000 3.0 0 9.3 0.0 A 120.0 0.802 0.685 4081 4 0.463 3.0 0 0.2 0.0 A - ".20.0 0.451 0.825 3057 4 0.670 3.0 0 25.4 0.0 C X20.0 0.790 0.832 2796 4 0.457 3.0 0 1.1 0.0 A 120.0 0.743 0.901 2628 4 0.444 3.0 0 2.8 0.0 A 120.0 0.617 0 . 967 2182 4 0.312 3.0 0 17.0 enda It No. 8G 0 • Janua 23, 2007 120.0 0.583 0.788 2064 4 0.167 3.0 0 12.2 0.0 Page 8 of 516 120.0 0.834 0.637 2952 4 0.520 3.0 0 0.2 0.0 A 120.0 0.806 0.661 2852 4 0.729 3.0 0 0.4 0.0 A 0 120.0 0.593 0.715 2097 4 0.700 3.0 0 11.1 0.0 B 1 120.0 0.545 0.625 1929 4 0.629 3.0 0 13.4 0.0 B 2 0.0 53.3 0.47 31.7 B 1 11 44.0 13.4 0.0 57.4 0.50 3 2 3 4 4 5 Arterial Level of Service Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by eg. Sect.. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) 1 37.6 9.3 0.0 46.9 0.40 30.7 B 2 26.8 0.2 0.0 27.0 0.26 34.7 B 3 10.9 25.4 0.0 36.3 0.10 9.9 F 4 26.8 1.1 0.0 27.8 0.26 33.6 B 5 17.4 2.8 0.0 20.2 0.16 28.5 B 6 59.4 17.0 0.0 76.4 0.70 33.0 B 7 56.4 12.2 0.0 68.6 0.66 34.6 B 8 28.3 0.2 0.0 28.5 0.28 35.3 A 9 138.0 0.4 0.0 138.4 1.20 31.2 B 0 10 42.2' 11.1 0.0 53.3 0.47 31.7 B 1 11 44.0 13.4 0.0 57.4 0.50 31.3 B 2 3 4 5 ,otal travel time (x) = 580.8 sec 'otal length (y) = 4.99 miles otal travel speed, Sa = 3600 x (y) /(x) = 30.9 mph otal urban street LOS (Exhibit 15 -2) = B Intersection Files in the Analysis 1: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Livingston.HCS 2: K: \2001 \08 \12\ HCS \w.Terafina. and. Mirasol \Immokalee@The.Strand.HCS 3: K:\ 2001 \08 \12\ HCS \w.Terafina. and .Mirasol \Immokalee @I- 75.SB.HCS 4: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @I--- 75.NB.HCS 5: K :\2001 \08 \12 \HCS \w.Terafina. and. Mirasol \immokalee @Northbrook.HCS 6: K :\ 2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @Oakes.HCS 7: K:\ 2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @Logan.HCS 6: K:\ 2001 \08 \12 \HCS \w.Terafina.and.Mirasol \Immokalee @Laurel.Oaks.HCS 9: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Gulf.Coast.HS.HCS D: K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Tmmokalee @Mirasol.HCS l: K:\ 2001 \08 \12 \HCS \w.Terafina.and.Mirasol \Immokalee @951.HCS 2: 3: t: 3: HCS2000: Urban Streets Release 4.1 e _N Transportation Group, Inc. 2. McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941- 278 -3090 -Dail: Fax: 941- 278 -1906 OPERATIONAL ANALYSIS nalyst: RLP .gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour rban Street:- Immokalee Road Irection of Travel: West -bound zrisdiction: Collier County nalysis Year: 2005 - Terafina & Mirasol roject ID: Job.010812 Description of Arterial nalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 179 of 516 - - Length Urban Free of street flow Running ag. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -75 Northbound Ramp 0.26 2 45 26.8 4 Northbrook Drive 0.16 2 45 17.4 5 Oakes Boulevard 0.70 2 45 59.4 6 Logan Boulevard Extension 0.66 2 45 56.4 7 Laurel Oaks Elementary School 0.28 2 45 28.3 8 Gulf Coast High School 1.20 2 45 138.0 9 ) Pebblebrook Drive 0.47 2 45. 42.2 10 L C.R. 951 0.50 2 45 44.0 11 2 3 S Intersection Delay Estimates �g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type f.ac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.576 0.687 2928 4 1.000 3.0 0 11.9 0.0 B 120.0 0.682 0.609 3466 4 0.668 3.0 0 3.6 0.0 A 120.0 0..639 0.614 2262 4 0.759 3.0 0 6.4 0.0 A 120.0 0.407 0.641 2068 4 0.754 3.0 0 25.9 0.0 C 120.0 0.684 0.691 2421 4 0.723 3.0 0 4.3 0.0 A 120.0 0.590 0.540 2088 4 0.808 3.0 0 9.1 0 Agenda It No. 8G 120.0 0.420 0.610 1495 4 0.825 3.0 0 24.3 January 3, 2007 0. 0 page 1 0 of 516 120.0 0.830 0.340 2952 4 0.758 3.0 0 0.1 0.0' A 120.0 0.770 0.340 2731 4 0.949 3.0 0 0.1 0.0 A 0 120.0 0.592 0.425 2094 4 0.949 3.0 0 8.1 0.0 A 1 120.0 0.592 0.244 2094 4 0.908 3.0 0 7.0 0.0 A 2 1.20 31.3 B 0 10 42.2 8.1 0.0 50.3 0.47 33.6 B 3 44.0 7.0 0.0 51.0 0.50 35.3 A 2 4 3 5 4 5 Arterial Level of Service Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by :eg. Sect. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) 1 37.6 12.9 0.0 50.5 0.40 28.5 B 2 26.8 3.0 0.0 29.7 0.26 31.5 B 3 10.9 6.7 0.0 17.6 0.10 20.4 D 4 26.8 28.4 0.0 55.1 0.26 17.0 E 5 17.4 3.6 0.0 21.0 0.16 27.4 C 6 59.4 9.1 0.0 68.5 0.70 .36.8 A 7 56.4 24.3 0.0 80.7 0.66 29.5 B 8 28.3 0.1 0.0 28.3 0.28 35.6 A 9 138.0 0.1 0.0 138.1 1.20 31.3 B 0 10 42.2 8.1 0.0 50.3 0.47 33.6 B 1 11 44.0 7.0 0.0 51.0 0.50 35.3 A 2 3 4 5 'otal travel time (x) = 590.9 sec b tal length (y) = 4.99 miles otal travel speed, Sa = 3600 x (y) /(x) = 30.4 mph otal urban street LOS (Exhibit 15 -2) = B Intersection Files in the Analysis 1: K:\ 2001 \08 \12\HCS\ Background .only \Immokalee @Livingston.HCS 2: K: \2001 \08 \12 \HCS\ Background .only \Immokalee @The. Strand. HCS 3: K :\ 2001 \08 \12\ HCS \Background.oanly \Immokalee @I- 75.SB.HCS 4: K: \2001 \08 \12\ HCS\ Background .only \Immokalee @I- 75.NB.HCS 5: K:\ 2001 \08 \12\ HCS\ Background .only \Immokalee @Northbrook.HCS 6: K:\ 2001 \08 \12\ HCS\ Background .only \Immokalee @Oakes.HCS 7: K: \2001 \08 \12 \HCS\ Background .only \Tmmokalee @Logan.HCS 8: K: \2001 \08 \12\HCS\ Background .only \Immokalee @Laurel. Oaks. HCS 9: K: \2001 \08 \12\HCS \ Background. only \Immokalee @Gulf. Coast. HS. HCS 0: K: \2001\08 \12 \HCS\Background. only\ Immokalee@Mirasol. HCS 1: K: \2001 \08 \12\ HCS \Background.only \Tmmokalee @CR.951.HCS 2: 3: 4: 5: Agenda Item No. 8G January 23, 2007 Page 181 of 516 2005 TRAFFIC INCLUDING TE AFINA ONLY HCS2000: Urban Streets Release 4.1 etro Transportation Group, Inc. 2651 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941 --278 -3090 -Mail: Fax: 941- 278 -1906 roject ID: Job 010812 ription of Arteria nalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 182 of 516 ag. Cross street name OPERATIONAL ANALYSIS nalyst: RLP gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour rban Street: Immokalee Road irection of Travel: Eastbound urisdiction: Collier County nalysis Year: 2005' - Terafina & Mirasol roject ID: Job 010812 ription of Arteria nalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 182 of 516 ag. Cross street name Length of segment (mi) Urban street class Free flow speed (mph) Running time (sec) Section Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -75 Northbound Ramp 0.26 2 45 26.8 4 Northbrook Drive 0.16 2 45 17.4 5 Oakes Boulevard 0.70 2 45 59.4 6 Logan Boulevard Extension 0.66 2 45 56.4 -7 Laurel Oaks Elementary School 0.28 2 45 28.3 8 Gulf Coast High School 1.20 2 45 138.0 9 D Pebblebrook Drive 0.47 2 45 42.2 10 1 C.R. 951 0.50 2 45 44.0 11 2 3 1 5 tersection Delay Estimat .g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.642 0.822 3267 4 1.000 3.0 0 9.3 0.0 A 120.0 0.802 0.685 4081 4 0.463 3.0 0 0.2 0.0 A 120.0 0.451 0.825 3057 4 0.670 3.0 0 25.4 0.0 C 120.0 0.790 0.832 2796 4 0.457 3.0 0 1.1 0.0 A 120.0 0.743 0.901 2628 4 0.444 3.0 0 2.8 0.0 A 120.0 0.600 0.855 2123 4 0.507 3.0 0 13.3 pAflenda It No. 8G 120.0 0.511 0.760 1808 4 0.401 3.0 0 18.4 0.0 Janua 3, 2007 Page 1A3 of 516 120.0 0.834 0.529 2952 4 0.564 3.0 0 0.1 0.0 120.0 0.807 0.545 2858 4 0.834 3.0 0 0.2 0.0 A 0'°'-120.0 0.600 0.691 2123 4 0.821 3.0 0 10.2 0.0 B 1 ..20.0 0.467 0.726 1652 4 0.661 3.0 0 22.1 0.0 C 2 28.4 0.28 35.5 A 9 138.0 0.2 0.0 138.2 3 31.3 B 0 10 42.2 10.2 0.0 52.5 0.47 32.3 B 4 11 44.0 22.1 0.0 66.1 0.50 27.2 C 2- 5 4 terial Level of Service _ Inter, Running control. Other eg. Sect. time delay delay (sec) (sec) (sec) Sum of Sum of Arterial time by length by Arterial LOS by section section speed. section (sec) (mi) (mph) ,otal 1 37.6 5.4 0.0 43.0 0.40 33.5 B otal 2 26.8 0.2 0.0 27.0 0.26 34.7 B 3 10.9 26.9 0.0 37.8 0.10 9.5 F 4 26.8 0.5 0.0 27.3 0.26 34.3 B 5 17.4 2.7 0.0 20.2 0.16 28.5 B 6 59.4 13.3 0.0 72.6 0.70 34.7 B 7 56.4 18.4 0.0 74.8 0.66 31.8 B 8 28.3 0.1 0.0 28.4 0.28 35.5 A 9 138.0 0.2 0.0 138.2 1.20 31.3 B 0 10 42.2 10.2 0.0 52.5 0.47 32.3 B 1 11 44.0 22.1 0.0 66.1 0.50 27.2 C 2- 4 5 ,otal travel time (x) = 587.7 sec `otal length (y) = 4.99 miles otal travel speed, Sa = 3600 x (y) /(x) = 30.6 mph otal urban. street LOS (Exhibit 15 -2) = B Intersection Files in the Analysis 1: K:\ 2001 \08 \12 \HCS \w.Terafina .only \Immokalee @Livingston.HCS 2: K:\ 2001 \08 \12\ HCS \w.Terafina .only \Immokalee @The,Strand.IICS 3: K:\ 2001 \08 \12\ HCS \w.Terafina .only \Immokalee @I- 75.SB.IiCS 4: K:\ 2001 \08\12\ HCS \w.Terafina .only \Immokalee @I- 75.NB.HCS 5: K:\ 2001 \08 \12\ HCS\ w. Terafina .only\lmmokalee @Northbrook.HCS 6: K: \2001 \08 \12\ HCS \w.Terafina .only \Immokalee @Oakes.HCS 7: K: \2001 \08 \12\ HCS \w.Terafina .only \Immokalee @Logan.IICS 8: K:\ 2001 \08 \12 \HCS \w.Terafina .only \Immokalee @Laurel.Oaks.HCS 9: K:\ 2001 \08 \12\ HCS \w.Terafina. only \Immokalee @Gulf.Coast.HS.HCS 0: K: \2001 \08 \12 \HCS \w.Terafina .only \Immokalee @Mirasol.HCS 1: K: \2001 \08 \12\ HCS \w.Terafina.only \Immokalee @CR.951.HCS 2: 3: 4: 5: Agenda Item No. 8G HCS2000 : Urban Streets Release 4.1 January Page 1 24, 2007 ge 1$4 of 516 -3tro Transportation Group, Inc. 2651 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 zone: 941- 278 -3090 Fax: 941 - 278 -1906 -Mail: PERATIONAL ANALYSIS .aalyst: RLP gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 aalysis Time Period: P.M. Peak Hour rban Street: Immokalee Road irection of Travel: West -bound arisdiction: Collier County nalysis Year: 2005 - Terafina Only roject ID: Job 010812 escription of Arterial aalysis period length 0.25 hr ag. Cross street name Livingston Road The Strand I -75 Southbound Ramp I -75 Northbound Ramp Northbrook Drive Oakes Boulevard Logan Boulevard Extension Laurel Oaks Elementary School Gulf Coast High School 3 Pebblebrook Drive 1 C.R. 951 2 3 4 5 Length Urban Free, of street flow Running segment class speed time Section (mi) (mph) (sec) 0.40 2 45 37.6 1 0.26 2 45 26.8 2 0.10 2 45 10.9 3 0.26 2 45 26.8 4 0.16 2 45 17.4 5 0.70 2 45 59.4 6 0.66 2 45 56.4 7 0.28 2 45 28.3 8 1.20 2 45 138.0 9 0.47 2 45 42.2 10 0.50 2 45 44.0 11 tersection Delay Estimates eg Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.553 0.686 2809 4 1.000 3.0 0 13.8 0.0 B 120.0 0.686 0.564 3487 4 0.669 3.0 0 3.2 0.0 A 120.0 0.627 0.561 2221 4 0.804 3.0 0 6.8 0.0 A 120.'0 0.384 0.595 1953 4 0.806 3.0 0 27.3 0.0 C 120.0 0.682 0.615 2412 4 0.773 3.0 0 3.8 0.0 A 120.0 0.600 0.593 2123 4 0.752 3.0 0 8.9 0?Genda Item No. 8G Janua 3, 2007 120.0 0.302 0.853 1068 4 0.776 3.0 0 44.2 0.0 Page 15 of 516 120.0 0.828 0.374 2929 4 0.406 3.0 0 0.0- 0.0 120.0 0.800 0.366 2831 4 0.935 3.0 0 0.1 0.0 A 0-1.20.0 0.600 0.446 2123 4 0.938 3.0 0 7.7 0.0 A 1 X20:0 0.600 0.245 2123 4 0.895 3.0 0 6.5 0.0 A 2 36.9 A 7 56.4 44.2 0.0 100.6 0.66 3 C 8 28.3- 0.0- 0.0 28.3 0.28 35.6 4 9 138.0 0.1 0.0 138.1 1.20 31.3 B 5 10 42.2 7.7 0.0 49.9 0.47 33.9 B 1 Arterial Level of Service -eg. Sect. Running time (sec) Inter. control. delay (sec) Other delay (sec) Sum of time by section (sec) Sum of length by section (mi) Arterial speed (mph) Arterial LOS.by section 1 37.6 13.8 0.0 51.4 0.40 28.0 B 2 26.8 3.2 0.0 30.0 0.26 31.2 B 3 10.9 6.8 0.0 17.7 0.10 20.4 D 4 26.8 27.3 0.0 54.1 0.26 17.3 D 5 17.4 3.8 0.0 21.3 0.16 27.1 C 6 59.4 8.9 0.0 68.3 0.70 36.9 A 7 56.4 44.2 0.0 100.6 0.66 23.6 C 8 28.3- 0.0- 0.0 28.3 0.28 35.6 A 9 138.0 0.1 0.0 138.1 1.20 31.3 B 0 10 42.2 7.7 0.0 49.9 0.47 33.9 B 1 11 44.0 6.5 0.0 50.5 0.50 35.6 A 2 .- 4 5 'otal travel time (x) = 610.0 sec 'otal length (y) - 4.99 miles otal travel speed, Sa = 3600 x (y)/(x) = 29.4 mph otal urban street LOS (Exhibit 15--2) = B Intersection Files in the Analysis 1: K :\ 2001 \08 \12 \HCS \w.Terafina .only \Immokalee @Livingston.HCS 2: K: \2001 \08 \12\ HCS \w.Terafina .only \Immokalee @The.Strand.HCS 3: K:\ 2001 \08 \12\ HCS \w.Terafina .only \lmmokalee @I- 75.SB.HCS 4: K: \2001 \08 \12\ HCS \w.Terafina .only \Immokalee @1-75.NB.HCS 5: K: \2001\08 \12\ HCS \w. Terafina .only.\immokalee @Northbrook.HCS 6: K: \2001 \08 \12 \HCS \w. Terafina .only \Immokalee @Oakes.HCS 7: K: \2001 \08 \12\ HCS \w. Terafina .only \Immokalee @Logan.HCS 8: K:\ 2001 \08\12\ HCS \w. Terafina. only \Immokalee @Laurel.Oaks.HCS 9: K:\ 2001 \08 \12 \HCS \w. Terafina. only \Immokalee @Gulf.Coast.HS.HCS 0: K: \2001 \08 \12 \HCS \w.Terafina .only \Immokalee @Mirasol.HCS 1: K: \2001 \08 \12 \HCS \w. Terafina .only \Immokalee @CR.951.HCS 2: 3: 4: 5• Agenda Item No. 8G January 23, 2007 Page 186 of 516 2005 TRAFFIC INCLUDING MIRASOL ONLY HCS2000: Urban Streets Release 4.1 �t, Transportation Group, Inc. ;6 McGregor Boulevard,-Suite 4 -403 )rt Myers, FL 33919 ►one: 941- 278 -3090 -Mail: Fax: 941- 278 -7.906 •oject ID: Job 010812 scription of Arterial Lalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 187 of 516 Length Urban Free of street flow Running !g. Cross street name segment class speed time Section (mi.) (mph) (sec) Livingston Road OPERATIONAL ANALYSIS ialyst: RLP rency /Co.: Metro Transportation Group Lte Performed: 9/26/2001 ialysis Time Period: P.M. Peak Hour ,ban Street: Immokalee Road . rection of Travel: East- -bound tri.sdiction: Collier County Lalysis Year: 200q - Terafina Only •oject ID: Job 010812 scription of Arterial Lalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 187 of 516 Length Urban Free of street flow Running !g. Cross street name segment class speed time Section (mi.) (mph) (sec) Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 1 -75 Southbound Ramp 0.10 2 45 10.9 3 1 -75 Northbound Ramp 0.26 2 45 26.8 4 Northbrook Drive 0.16 2 45 17.4 5 Oakes Boulevard 0.70 2 45 59.4 6 Logan Boulevard Extension 0.66 2 45 56.4 7 Laurel Oaks Elementary School 0.28 2 45 28.3 8 Gulf Coast High School .1.20 2 45 138.0 9 Pebblebrook Drive 0.47 2 45 42.2 10 C.R. 951 - 0.50 2 45 44.0 11 Intersection Delay Estimates g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.676 0.743 3437 4 1.000 3.0 0 5.4 0.0 A 120.0 0.800 0.640 4068 4 0.590 3.0 0 0.2 0.0 A 10.0 0.427 0.794 2898 4 0.724 3.0 0 26.9 0.0 C _20.0 0.792 0.724 2805 4 0.510 3.0 0 0.5 0.0 A 120.0 0.723 0.796 2560 4 0.616'3.0 . 0 2.7 0.0 A 120.0 0.602 0.880 2129 4 0.459 3.0 0 13.8 Agenda Item No. 8G 0-0 JanuaF� 23, 2007 120.0 0.533 0.863 1885 4 0.354 3.0 0 18.9 0.0 PageB88 of 516 120.0 0.834 0.626 2952 4 0.388 3.0 0 0.2 0.0 A 120.0 0.806 0.646 2852 4 0.741 3.0 0 0.4 0.0 A 120.0 0.567 0.732 2005 4 0.718 3.0 0 13.5 0.0 B L 120.0 0.555 0.611 1964 4 0.605 3.0 0 12.4 0.0 B 13.5 0.0 55.7 0.47 30.4 B 11 44.0 12.4 0.0 56.4 0.50 3 1 terial Level of Service Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by :g. Sect. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) 1 37.6 6.9 0.0 44.5 0.40 32.4 B 2 26.8 0.2 0.0 27.0 0.26 34.6 B 3 10.9 26.9 0.0 37.8 0.10 9.5 F 4 26.8 0.6 0.0 27.4 0.26 34.2 B 5 17.4 2.5 0.0 19.9 0.16 28.9 B 6 59.4 13.8 0.0 73.2 0.70 34.4 B 7 56.4 18.9 0.0 75.3 0.66 31.5 B 8 28.3 0.2 0.0 26.4 0.28 35.4 A 9 138.0 0.4 0.0 138.4 1.20 31.2 B l 10 42.2 13.5 0.0 55.7 0.47 30.4 B 11 44.0 12.4 0.0 56.4 0.50 31.9 B ,tal travel time (x) = 584.1 sec )tal length (y) = 4.99 miles )tal travel speed, Sa = 3600 x (y) /(x) = 30.8 mph )tal urban street LOS (Exhibit 15 -2) = B Intersection Files in the Analysis K:\ 2001 \08 \12 \HCS \W.Mirasol .only \Immokalee @Livingston.HCS K.: \2001. \08 \12\ HCS \w.Mirasol .only \Immokalee @The.Strand.HCS K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @I-- 75.SB.HCS K :\ 2001 \08 \12 \HCS \w.Mirasol .only \lmmokalee @I- 75.NB.HCS K: \2001 \08 \12\ HCS \w.Mirasol. only \lmmolcalee @Northbrook.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Oakes.HCS K: \2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Logan.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Laurel.Oaks.HCS K: \2001 \08 \12 \HCS \w.Mirasol. only \Immokalee@Gulf.Coast.HS.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol .only \lmmokalee @Mirasol.HCS K: \2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @CR.951.HCS HCS2000: Urban Streets Release 4.1 E .. Transportation Group, Inc. 2oil McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941 -278 -3090 mail: Fax: 941.278 -1906 >roject ID: Job 010812 Description of Arteria nalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 189 of 516 OPERATIONAL ANALYSIS .nalyst: RLP ,.gency /Co,: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour tban Street:* Immokalee Road 'irection of Travel: West -bound urisdiction: Col}ier County analysis Year: 2005 - Background >roject ID: Job 010812 Description of Arteria nalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 189 of 516 Length Urban Free of street flow Running eg. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 1 -75 Northbound Ramp 0.26 2 4.5 26.8 4 Northbrook Drive 0.16 2 45 17.4 5 Oakes Boulevard 0.70 2 45 59.4 6 Logan Boulevard Extension 0.66 2 45 56.4 7 Laurel Oaks Elementary School 0.28 2 45 28.3 8 Gulf Coast High School 1.20 2 45 138.0 9 0 Pebblebrook Drive 0.47 2 45 42.2 10 1 C.R. 951 0.50 2 45 44.0 11 .2 3 4 5 Intersection Delay Estimates eg Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.558 0.658 2839 4 1.000 3.0 0 12.9 0.0 B 0.688 0.536 3496. 4 0.704 3.0 0 3.0 0.0 A 120.0 0.623 0.521 2203 4 0.829 3.0 0 6.7 0.0 A 120.0 0.367 0.560 1869 4 0.842 3.0 0 28.4 0.0 C 120.0 0.680 0.560 2415 4 0.807 3.0 0 3.6 0.0 A 120. 0 0.617 0.661 2182 4 0.661 3.0 0 8.4 0 . enda Itep No. 8G JanuaT23, 2007 120.0 0.386 0.810 1365 4 0,700 3 . 0 0 32-6 0-0 Page %0 of 516 120.0 0.834 0.446 2952 4 0.483 3.0 0 0.1 0.0 A 120.0 0.806 0.437 2852 4 0.896 3.0 0 0.1 0.0 A 0 120.0 0.370 0.752 1309 4 0.901 3.0 0 32.8 0.0 C 1 120.0 0.616 0.241 2179 4 0.576 3.0 0 5.6 0.0 A 2 26.7 C 8 28.3 0.1 0.0 28.3 0.28 3 A 9 138.0 0.1 0.0 138.1 1.20 31.3 4 0 10 42.2 32.8 0.0 75.0 0.47 22.6 C 5 11 44.0 5.6 0.0 49.6 0.50 36.3 A 2 erial Level of Servi Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by eg. Sect. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) Intersection Files in the Analysis 1: K: \2001\ 08\12 \HCS \w.Terafina. and. Mirasol \Immokalee @Livingston.HCS 2: K: \2001 \08 \12\ HCS \w.Terafina. and. Mirasol \Immokalee @'1'he.Strand.HCS 3: K:\ 2001 \08 \12\ HCS \w.Terafina.and .Mirasol \Immokalee @I- 75.SB.HCS 4: K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @I- 75.NB.HCS 5: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Northbrook.HCS 6: K:\ 2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @Oakes.HCS 7: K:\ 2001 \08 \12 \HCS \w.Terafina.and.Mirasol \Immokalee @Logan.HCS 8: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Laurel.Oaks.HCS 9: K: \2001 \08 \12 \HCS \w.Terafina.and.Mirasol \Immokalee @Gulf.Coast.HS.HCS 0: K: \2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @Mirasol.HCS 1: K :\ 2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @951.HCS 2: 3: 4: 5: 1 37.6 11.9 0.0 49.5 0.40 29.1 B 2 26.8 3.6 0.0 30.4 0.26 30.8 B 3 10.9 6.4 0.0 17.3 0.10 20.8 D 4 26.8 25.9 0.0 52.7 0.26 17.8 D 5 17.4 4.3 0.0 21.7 0.16 26.5 C 6 59.4 8.4 0.0 67.8 0.70 37.2 A 7 56.4 32.6 0.0 89.0 0.66 26.7 C 8 28.3 0.1 0.0 28.3 0.28 35.6 A 9 138.0 0.1 0.0 138.1 1.20 31.3 B 0 10 42.2 32.8 0.0 75.0 0.47 22.6 C 1 11 44.0 5.6 0.0 49.6 0.50 36.3 A 2 3 4 5 otal travel time (x) = 619.5 sec otal length (y) = 4.99 miles otal travel speed, Sa = 3600 x (y) /(x) = 29.0 mph otal urban street LOS (Exhibit 15 -2) = B Intersection Files in the Analysis 1: K: \2001\ 08\12 \HCS \w.Terafina. and. Mirasol \Immokalee @Livingston.HCS 2: K: \2001 \08 \12\ HCS \w.Terafina. and. Mirasol \Immokalee @'1'he.Strand.HCS 3: K:\ 2001 \08 \12\ HCS \w.Terafina.and .Mirasol \Immokalee @I- 75.SB.HCS 4: K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @I- 75.NB.HCS 5: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Northbrook.HCS 6: K:\ 2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @Oakes.HCS 7: K:\ 2001 \08 \12 \HCS \w.Terafina.and.Mirasol \Immokalee @Logan.HCS 8: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Laurel.Oaks.HCS 9: K: \2001 \08 \12 \HCS \w.Terafina.and.Mirasol \Immokalee @Gulf.Coast.HS.HCS 0: K: \2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @Mirasol.HCS 1: K :\ 2001 \08 \12\ HCS \w.Terafina.and.Mirasol \Immokalee @951.HCS 2: 3: 4: 5: Agenda Item No. 8G January 23, 2007 Page 191 of 516 2005 TRAFFIC INCLUDING BOTH TERAFINA AND MIRASOL Agenda Item No. 8G January 23, 2007 HCS2000: Urban Streets Release 4.1 Page 192 of 516 �tro Transportation Group, Inc. ?651 McGregor Boulevard, Suite 4 -403 )rt Myers, FL 33919 lone: 941- 278 -3090 Fax: 941- 278 -1906 -Mail. Description of Arterial Lalysis period length 0.25 hr Length Urban Free of street flow Running !g. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road OPERATIONAL ANALYSIS talyst: RLP rency /Co.: Metro Transportation Group Lte Performed: 9/26/2001 ►alysis Time Period: P.M. Peak Hour -ban Street: Immokalee Road . rection of Travel: East -bound trisdiction: Col ier County talysis Year: 200 - Mirasol Only •oject ID: Job 010812 0.26 Description of Arterial Lalysis period length 0.25 hr Length Urban Free of street flow Running !g. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road 0.40 2. 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -75 Northbound Ramp 0.26 2 45 26.8 4 Northbrook Drive 0.16 2 45 17.4 5 Oakes Boulevard 0.70 2 45 59.4 6 Logan Boulevard Extension 0.66 2 45 56.4 7 Laurel Oaks Elementary School 0.28 2 45 28.3 8 Gulf Coast High School 1.20 2 45 138.0 9 Pebblebrook Drive 0.47 2 45 42.2 10 C.R. 951 0.50 2 45 44.0 11 ersection Delay Estimates g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT -tor (sec) (veh) (sec) (sec) 120.0 0.659 0.766 3352 4 1.000 3.0 0 6.9 0.0 A 120.0 0.800 0.667 4068 4 0.554 3.0 0 0.2 0.0 A 120.0 0.430 0.807 2915 4 0.693 3.0 0 26.9 0.0 C 120.0 0.794 0.755 2811 4 0.487 3.0 0 0.6 0.0 A 120.0 0.732 0.823 2589 4 0.572 3.0 0 2.5 0.0 A terial Level of Service Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by g. Sect.. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) 1 37.6 9.3 0.0 46.9 0.40 30.7 B Agenda Item No. 8G 120.0 0.617 0.967 2182 4 0.312 3.0 0 17.0 0.0 JanuzUy 23, 2007 120,0 0.583 0.788 '2064 4 0.167 3 A 0 12.2 0.0 PagEB193 of 516 120.0 0.834 0.637 2952 4 0.520 3.0 0 0.2 0.0 A 1,,20.0 0.806 0.661 2852 4 0.729 3.0 0 0.4 0.0 A '0.0 0.593 0.715 2097 4 0.700 3.0 0 11.1 0.0 B 20.0 0.545 0.625 1929 4 0.629 3.0 0 13.4 0.0 B terial Level of Service Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by g. Sect.. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) Intersection Files in the Analysis : K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Livingston.HCS : K. \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \T.mmokalee @The.Strand.'HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee@I- 75.SB.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @I- 75.NB.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee@Northbrook.HCS : K: \2001 \08\12\ HCS \w.Terafina.and.Mirasol \Immokalee @oakes.HCS : K: \2001 \08 \12\ HCS \w. Terafina: and .Mirasol \Immokalee @Logan.HCS : K: \2003. \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Laurel.Oaks.HCS : K: \2001 \08 \12\ HCS \w.Terafina. and. Mirasol \Immokalee @Gulf.Coast.HS.HCS : K:\ 2001 \08 \12\ HCS \w. Terafina. and .Mirasol \Immokalee @Mirasol.HCS : K: \2001 \08 \12\ HCS \w.Terafina.and:Mirasol \Immokalee @951.HCS 1 37.6 9.3 0.0 46.9 0.40 30.7 B 2 26.8 0.2 0.0 27.0 0.26 34.7 B 3 10.9 25.4 0.0 36.3 0.10 9.9 F 4 26.8 1.1 0.0 27.8 0.26 33.6 B 5 17.4 2.8 0.0 20.2 0.16 28.5 B 6 59.4 17.0 0.0 76.4 0.70 33.0 B 7 56.4 12.2 0.0 68.6 0.66 34.6 B 8 28.3 0.2 0.0 28.5 0.28 35.3 A 9 138.0 0.4 0.0 138.4 1.20 31.2 B 10 42.2 11.1 0.0 53.3 0.47 31.7 B 11 44.0 13.4 0.0 57.4 0.50 31.3 B tal travel time (x) = 580.8 sec tal length (y) - 4.99 miles tal travel speed, Sa = 3600 x (y) /(x) = 30.9 mph tal urban street LOS (Exhibit 15 -2) = B Intersection Files in the Analysis : K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Livingston.HCS : K. \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \T.mmokalee @The.Strand.'HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee@I- 75.SB.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @I- 75.NB.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee@Northbrook.HCS : K: \2001 \08\12\ HCS \w.Terafina.and.Mirasol \Immokalee @oakes.HCS : K: \2001 \08 \12\ HCS \w. Terafina: and .Mirasol \Immokalee @Logan.HCS : K: \2003. \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Laurel.Oaks.HCS : K: \2001 \08 \12\ HCS \w.Terafina. and. Mirasol \Immokalee @Gulf.Coast.HS.HCS : K:\ 2001 \08 \12\ HCS \w. Terafina. and .Mirasol \Immokalee @Mirasol.HCS : K: \2001 \08 \12\ HCS \w.Terafina.and:Mirasol \Immokalee @951.HCS HCS2000: Urban Streets Release 4.1 etro Transportation Group, Inc. 2551 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941 - 278 -3090 ; -Mail. Fax: 941 -278 -1906 'roject ID: Job 010812 Description of Arteria nalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 194 of 516 Length Urban Free of street flow Running eg. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road OPERATIONAL ANALYSIS .nalyst: RLP .gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour ►rban Street: Immokalee Road 'irection of Travel: West- -bound urisdiction: Collier County , nalysis Year: 2005° - Background 'roject ID: Job 010812 Description of Arteria nalysis period length 0.25 hr Agenda Item No. 8G January 23, 2007 Page 194 of 516 Length Urban Free of street flow Running eg. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -75 Northbound Ramp 0.26 2 45 26.8 4 Northbrook Drive 0.16 2 45 17.4 5 Oakes Boulevard 0.70 2 45 59.4 6 Logan Boulevard Extension 0.66 2 45 56.4 7 Laurel Oaks Elementary School 0.28 2 45 28.3 8 Gulf Coast High School 1.20 2 45 138.0 9 0 Pebblebrook Drive 0.47 2 45 42.2 10 1 C.R. 951 0.50 2 45 44.0 11 2 3 4 5 tersection Delay Estimates eg Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac-- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.558 0.658 2839 4 1.000 3.0 0 12.9 0.0 B 120.0 0.688 0.536 3496 4 0.704 3.0 0 3.0 0.0 A 120.0 0.623 0.521 2203 4 0.829 3.0 0 6.7 0.0 A 120.0 0.367 0.560 1869 4 0.842 3.0 0 28.4 0.0 C 120.0 0.680 0.560 2415 4 0.807 3.0 0 3.6 0.0 A 120.0 0. 602 0. 613 2129 4 0.726 3.0 0 9.0 O ,Venda Item No. 8G Januar45 2007 120.0 0.442 0.707 1563 4 0.755 3.0 0 24.2 0.0 Page fi95 of 516 120.0 0.834 0.415 2952 4 0.641 3.0 0 0.1 0.0 A 120.0 0.803 0.407 2843 4 0.914 3.0 0 0.1 0.0 A 0'- '.20.0 0.367 0.712 1301 4 0.918 3.0 0 31.9 0.0 C 1 -.20.0 0.621 0.235 2197 4 0.634 3.0 0 5.3 0.0 A 2 0.1 0.0 28.3 0.28 35.6 A 9 138.0 0.1 3 138.1 1.20 31.3 B 0 10 42.2 31.9 0.0 74.1 4 22.8 C 1 11 44.0 5.3 0.0 49.3 0.50 36.5 5 2 3 Arterial Level of Service Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by eg. Sect. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) otal travel time (x) = 611.0 sec otal length (y) = 4.99 miles otal travel speed, Sa = 3600 x (y) /(x) = 29.4 mph otal urban street LOS (Exhibit 15 -2) = B 1: 2: 3: 5: 6: 7: 3: 9: L: 2: 3: 3 .. Intersection Files in the Analysis K:\ 2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @Livingston.HCS K: \2001\08 \12\ HCS \w.Mirasol. only \Inunokalee @The.Strand.HCS K: \.2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @I- 75.SB.HCS K: \2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @1- 75.NB.HCS K:\ 2001 \08 \12 \IICS \w.Mirasol .only \Immokalee @Northbrook.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol.only \Immokalee @Oakes.HCS K:\ 200.1 \08 \12\ HCS \w.Mirasol .only \Immokalee @Logan.HCS K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @Laurel.Oaks.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol.onl.y \Immokalee @Gulf.Coast.HS.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Mirasol.HCS K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @CR.951.HCS 1 37.6 13.3 0.0 50.9 0.40 28.3 B 2 26.8 3.3 0.0 30.1 0.26 31.1 B 3 10.9 6.7 0.0 17.6 0.10 20.4 D 4 26.8 25.4 0.0 52.2 0.26 17.9 D 5 17.4 4.0 0.0 21.4 0.16 26.9 C 6 59.4 9.0 0.0 68.4 0.70 36.9 A 7 56.4 24.2 0.0 80.6 0.66 29.5 B 8 28.3 0.1 0.0 28.3 0.28 35.6 A 9 138.0 0.1 0.0 138.1 1.20 31.3 B 0 10 42.2 31.9 0.0 74.1 0.47 22.8 C 1 11 44.0 5.3 0.0 49.3 0.50 36.5 A 2 3 4 5 otal travel time (x) = 611.0 sec otal length (y) = 4.99 miles otal travel speed, Sa = 3600 x (y) /(x) = 29.4 mph otal urban street LOS (Exhibit 15 -2) = B 1: 2: 3: 5: 6: 7: 3: 9: L: 2: 3: 3 .. Intersection Files in the Analysis K:\ 2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @Livingston.HCS K: \2001\08 \12\ HCS \w.Mirasol. only \Inunokalee @The.Strand.HCS K: \.2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @I- 75.SB.HCS K: \2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @1- 75.NB.HCS K:\ 2001 \08 \12 \IICS \w.Mirasol .only \Immokalee @Northbrook.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol.only \Immokalee @Oakes.HCS K:\ 200.1 \08 \12\ HCS \w.Mirasol .only \Immokalee @Logan.HCS K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @Laurel.Oaks.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol.onl.y \Immokalee @Gulf.Coast.HS.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Mirasol.HCS K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @CR.951.HCS PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE ENVIRONMENTAL IMPACT STATEMENT TERAFINA Agenda Item No. 8G January 23, 2007 Page 196 of 516 SEC 16, TWP 48S9 RNG 26E COLLIER COUNTY, FLORIDA Revised February 2001 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUI'T'E B NAPLES, FL 34104 Agenda Item No. 8G January 23, 2007 7'FIN� of 516 Environmental Impact Statement SEC 16 7VP 48S RNC 26E Revised 02105/01 3.8.5.1 A,ippticant Information: 1. Responsible agent who wrote EIS and his educatiug and fob related environmental experience. Timothy Hall BS. Wildlife Ecology, University of Florida MS. University of Florida 10 years environmental field experience 2. Owner's name and address. Robert Yocisano 1100 5'b Ave. South, Suite 201 Naples, 33901 3. AMdavit of proof of authorized a Please reference PUD submittal by Hole Mantes and Associates. 3.8.5.2 Development and Site Alteration Information: 1. Description of proposed land use. The project is a mixed use residential (approximately 850 units) and golf course community (one eighteen hole course) with appropriate supporting infrastructure (surface water management, roadways and utilities). Part of the protect site will be utilized as a - preserve in conjunction with nei hborin ro erties to a Ieviate a seasonal tra will be directed Into the Cocohatchee canal to the south in a regiona y signcant activity designed to assist water management efforts in the Bonita Springs I North Collier area. 2. Legal Description ofsite. Please reference EA MBIT #2, legal description. 3. Location and address description. The project is located in North Naples, one mile north of Immokalee Road and approximately 1 `%2 miles east of 1-75. 3.8.5.3 Mapping and Support Graphics: 1. General Location Map. Please reference Exhibit 0, location map. Agenda Item No. 8G January 23, 2007 Page 198 of 516 TERAFINA Environmental Impact Statement SEC 16 T I P 48S RNG 2,6E Revised 02/05/01 2. Aerial photo of site with boundaries delineated Please reference Exhibit #4, aerial. 3. Tonograj!hic map sho�intr upland contours Please reference USGS Quad. Map and BBLS topographic survey grid results, Exhibit #5_ 4. Existing land use of site and surrounding area. The site consists of one section of land totaling 646 undeveloped acres. The property is currently used as unimproved forested pasture for grazing of cattle. To the north and east are undeveloped parcels, the proposed Parklands development to the north and Mirasol to the east. Both are proposed residential and golf communities and both are currently submitted to SFWMD for Environmental Resource Permitting. To the south is the Old Cypress residential community and to the west is Quail West. 5. Soils may. Please reference Exhibit #6, Soils map and descriptions. b. Drainage plan. Please reference Exhibit #7, Water Management Plan. 7. Development plan including phasing Program service area of existing and proposed public facilitim and existing and Proposed transportation network in the impact area. Please reference Exhibit #7, Water Management Plan as well as the PUD zoning application. Sewer service is in the Collier County North Treatment Area. Water service will be provided by the North County Treatment Plant. T.I.S. results indicate that the existing traffic facilities are adequate to service the development. The expected time to build -out is approximately 6 years. 3.8.5.4 lmyact Categories: 3.8.5.4.1 Bio-Physical 1, Air Quality. a. Changes in level of air pollutants as defined by current relations. Air pollution generated by cons rest _'vitie _mcry.cozrsfstAfdpst fiont� - �- -- 2 Agenda Item No. 8G January 23, 2007 Page 199 of 516 TERtFINA Environmental Impact Statement SEC 16 TWP 48S)WG 26E Revised 02/05/01 earthmoving activities and operation of heavy machinery. Some smoke may result from the open burning of debris. In addition, air pollution levels may be temporarily elevated by exhaust fumes generated by construction related equipment and, in the longer term, added to by automobile emissions from future residents. b. Number of people that will be affected by air pollution resWting from the project. No airpollution will be generated by this project that is in contradiction to State standards. As a result, it is not anticipated that anyone will be affected directly. C. Procedures that will be used to reduce adverse impacts of air pollution. Water will be sprayed where necessaryfor dust control. Any open burning, if deemed feasible, will be dependent upon daily issuance of a burning permit from the North Naples Fire Department where wind direction and moisture levels (dampness) are taken into consideration prior to issuance. 2. Water Ounlity. a. Chan es in levels and types of water pollution as defined by current regulation. Water quality is not expected to be degraded as a result of this project. Stormwater runoff from the site will be directed via grassed swales into on- site lakes for retention and treatment to State water quality standards. No water will be released from the project site until required pre - treatment has been accomplished in the surface water management system. Wetland preserve areas will be protected by siltation barriers. Road drainage. Runoff from road areas will be connected and directed into grassed retention areas and via pipes into the on -site surface wafer management system. Please also reference EXHIBIT 47, Water Management Plan. Sheet flaw. Sheet flow of water across the site will be maintained through the flow -way preserve area proposed. Flow -way design will allow flows matching existing conditions so as to not adversely affect existing wetlands during normal storm events. The flow -way design is such that extra conveyance is provided across the site during extreme storm events. This added conveyance will provide flood relief to the Bonita Springs areas that have been prone to flooding over the past several years. 3 Agenda Item No. 8G January 23, 2007 Page 200 of 516 rE"FINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 Lots and building areas that are located adjacent to lakes or mitigation/preserve areas will be graded such that the back half will sheet flow across grassed lawn into the on -site lakes. Please also reference EXHIBIT #7, Water Management Plan. Rear Iot line/building site drainage. Lots and building areas that are located adjacent to lakes or mitigationlpreserve areas will be graded such that the back half will sheet flow across pervious ground into the lakes or preserve areas. Interconnection of the water insnageuxent system will occur as follows: Interconnection will occur through a series of lakes, pipes, and swales. Water will then flow into the local drainage pattern via the Cocohatchee Canal or the proposed flow -way system. Please reference EXHIBIT #7, Water Management Plan. b. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. There are no restricted orprecluded water uses anticipated due to pollution levels resulting from this project. C. Person affected by water pollution resulting from the project. The project is not expected to generate water pollution in contradiction to state standards. d. Project designs and actions which wiU reduce adverse impacts of water pollution. The project will incorporate standard South Florida Water Management District water quality control features to detain and pre -treat stormwater runoff, Wetlands will be protected from siltation by the use of staked filter cloth or hay bales at the wetlandlupland interface during construction. Preserving and enhancing the existingJlow -way will mean sheet flow water from off-site will not come into contact with developed areas. Control elevation of the drainage basins will ensure adequate pre - treatment of stormwaters before said waters enter the local drainage pattern. 3. Physiography and geolM a. A description of soil types found in the roject area. Please reference Exhibit #6, Soils map and descriptions. U Agenda Item No. 8G January 23, 2007 Page 201 of 516 MAMA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 b. Areal extent of proposed topographic modification through excavation, drede;Eng and filling. Under the current proposed plan, approximately 240.92 acres of wetlands will be f filled, 47.60 acres excavated, and 82.16 acres of uplands impacted. In all, 370.68 acres of topographic modification is proposed. C. Removal and /or disturbance of natural barriers to storm waves and flooding. The Flow -way component of this project will actually help to alleviate upstream flooding problems. d. Modifications to natural drainage patterns. Farming activities and development in the upstream and downstream areas has severely altered the historic drainage patterns on this. Plans for this project include designation of approximately 210 acres in the eastern part of the site as a flow -way preserve connected to adjacent properties to the east and south. The,Jlowway will consist of native vegetation as well as an excavated channel lake system that will help to alleviate floodingproblems by Increasing the storm stage outflows to more historic levels. This is being coordinated with both the U.S Army Corps of Engineers and the South Florida Water Management District as it will provide a much needed route for seasonal flows in addition to valuable wetland preserve. The flow -way will serve to restore more natural historic flows to the site as well as to upstream areas. C. Extent of impervious surface and percent of groundwater recharge area to be covered. Impervious surface comprises 155 acres with pervious (groundwater recharge) areas at 491 acres. L Annual drawdown ofgroandwater level resulting from use. A consumptive use permit will be needed from the SFITW for irrigation of the project. Preliminaryftndings indicate that the existingfluctuations in the water table are up to 5 feet difference between wet and dry seasons. No drawdown of local water table levels is expected from the project and will not be allowed under the consumptive use permit. g. Increased siltation in natural water bodies resulting from the proposed use. No permanent increase in siltation is expected to occur in natural water bodies or in the on -cite wetlands —a.xesult_o .this - r c fito ?Wat E Agenda Item No. 8G January 23., 2007 Page 202 of 516 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNC 26,E Revised 02/05/01 flow through catch basins, grassed swales, and/or lakes prior to discharge into wetlands, during which time particulates and suspended material will drop out of the water column. Temporary construction impacts have been considered and all on -site designated wetland preserves protected by the use of staked, toed in filter cloth around the wetland boundaries and the use of hay bales where necessary. 4. Wetlands. a. Number of acres of Collier County jurisdictional wetlands by vegetation ttym vegetation composition, vegetation abundance, and their wetland functions. A furisdictional determination has been carried out by the South Florida Water Management District and the verified line is delineated on the enclosed aerial. A breakdown of wetland community by habitat type, dominant species and acreage is presented in the table and supporting FL UCFCS (Florida Land Use Cover and Forms Classification System) map presented as Exhibit 98. b. Determine present seasonal high water levels and historical High_ water levels by utilizing lichen lines or other biological indicators. Elevations of historic wet season's high water levels have been obtained by locating high watermarks, sediment lines, lichen and moss lines or adventitious roots on approximately 14 trees throughout the site. The average wet season high water elevation was determined to be 13.4' NGVD with historic high water at 14.9' NGVD. C. Indicate how the project design improves/affects pre - development hydr Mriods resulting from the project. The natural hydrologic regime on this site has been considerably altered by development and agricultural practices in the upstream watershed as well as by beans and development downstream from the project. Afhere forested wetlands in the east Bonita Springs area were cleared for farming, the water storage capacity was lost such that properties in the watershed to the south are artificially inundated during the summer wet season. Current project design provides water storage capacity within the preserve acreage internal to the project as well as the flow -way preserve along the east side of the project, more accurately recreating not only historic hydroperiods on the project site but those of the surrounding areas as well. An excavated ribbon of interconnected lakes will be constructed within the preserve area that will increase the conveyance capability of the flow -way during storm events. This conveyance system will be controlled with gate structures to mimic natur_ &ion —dur _ ings- normal -- -- 2 Agenda Item No. 8G January 23, 2007 Page 203 of 516 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 conditions, but will allow increased flow during flooding conditions. The system within the Terafina preserve will average 200 feet wide and 4 feet deep. A marsh community will be planted within the excavated areas. d. Indicate the Rrotwsedpercent of the defined wetlands to be impacted and the effects of roposed impacts on the functions of the wetland areas. Jurisdictional wetlands total 533,1 acres out of a total 646.5 project acres. 77te proposed activity will impact 280.52 acres which represents 52.6% of total on site wetlands. The impacts are incurred through residential development, golf course, lakes, and roads. These impacts represent a permanent loss of wetland function. It must be noted that a lot of the wetlands are transitional in nature due to the fact that the upland areas are converting to wetlands due to the flooding conditions that now occur on an annual basis on the site. A vast majority of the site burned during the summer of 2000 and as a result, the already heavy infestation of melaleuca has gotten even worse. Most of the native vegetation is stressed or dying due to the altered hydrology and the competition of the increasingly dense melaleuca stands. -- Under the proposed county guidelines for wetland protection, the impacted wetlands would all fall within the class 11 and class III designations. All class I wetlands on the project site are slated for preservation. e. Indicate how the proiect design minimizes impacts on the wetlands. This project has been designed taking into account the biological condition of the existing wetlands and regional water management concerns as well as project goals. All on site wetlands are impacted to some extent by the invasion of exotic species such as Melaleuca and Brazilian pepper and development has been restricted as much as possible to these reduced functioning wetlands preserving the higher quality areas. Efforts have also been made to keep internal preserve areas connected to the large flow -way preserve through a series of open areas and flyway corridors. Indicate how the project design shaft compensate for the wetland impscts pursuant to the Collier County Growth Manaeement Plan. In order to offset adverse environmental impacts resultingfrom development activities in 280.52 acres of wetlands, the development plan provides for preservation and restoration of the remaining on -site wetlands. The preservation of 247.43 acres of wetlands and 26.92 acres of uplands is proposed. The entire site has been impacted so that in addition to disruption of the natural hydrologic regime the invasion of exotica has reduced the functional value and integrity of all on -site wetlands. All preserved wetlands will be cleared of invasive exotic species and maintained in mnant_.natNe— - - - -- -- 7 Agenda Item No. 8G January 23, 2007 Page 204 of 516 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 vegetation will be planted with appropriate native vegetation. Slash pine, cypress and other canopy species will be utilized as will appropriate mid. story and ground cover plantings. Approximately one million dollars of off site mitigation credits will also be purchased to make up for any on -site deficits that remain after the final preservation credits have been awarded. By impacting wetlands which have experienced hydrologic alteration and exotic infestation to a degree that reduces functional wetland value, the project minimizes its impacts to wetland functions. A combination of on and off-site mitigation is proposed so that there is no net loss of wetlands pursuant to the County Growth Management Plan. Final mitigation requirements will be coordinated with State and Federal agencies according to guidelines presented in the SFWAD Basis of Review. 5. Wand utilization of wildlife and species of special states a. Number of acres of uplands by vegetative type, vegetative composition,, vegetation abundance, and their upland functions. A breakdown of upland community by habitat type, dominant species and acreage is presented in the table and supporting FLUCFCS (Florida Land Use Cover and Forms Classification System) map presented as Exhibit #8. b. Indicate proposed percent of defined uplands to be impacted and the effects of Rroposed-impacts on the functions of u 1p and areas Ofa total upland acreage of 113.4 acres, project design will impact 86.47 acres, which is 76.3 %. Effects of the proposed impacts will be a reduction in acreage available, post - development. c. Indicate how the project design minimizes impacts on uplands Attempts have been made to preserve the higher quality upland areas and those adjacent to good quality wetlands to maximize wildlife value. Efforts have also been made to keep internal preserve areas connected to the large flow -way preserve through a series of open areas and flyway corridors. d. Provide a plant and animal species survey to include at a minimum, species of special status that are known to inhabit biol2gkal communities similar to those existing on site and conducted in accordance with the guidelines of the Florida Game and Fresh 'Water Fish Commission. Please reference EXHIBIT 99, Threatened and Endangered Species Survey. 8 Agenda Item No. 8G January 23, 2007 Page 205 of 516 TER4FINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05101 e. Indicate how the protect design minimizes_ impacts on species of special status. Preservation and enhancement of 274.35 acres of mixed wetlands and uplands will retain viable habitat and forage area for wildlife using the subject site. Of note is the layout of the large preserve area in the east part of the property which is contiguous to the preserved areas of adjacent properties thus maximizing wildlife value. This preserve area will also contain the ribbon lakes that that will help to re- establish the historic owfall rates from this portion ofthe watershed. Thus created marsh and lake habitat will also provide valuable foraging area for the areas wading birds, most notably the wood stork Historic utilization ofthe northwestern portion ofthe site by red-cockaded woodpeckers was mentioned in the attached Threatened and Endangered Species Survey and has been discussed with the State and Federal Wildlife Agencies. No current RCW activity has been noted on the site and almost all of the trees that are known to have had cavities have been killed, either through stress induced by the high waters, fire, beetles, or a combination of several factors. The restoration of the area to native vegetation and to historic water regimes will make thepreserves far more attractive to RCW utilization than exists today. Proper management techniques that may include midstory removal and prescribed burning will be employed to insure that the preserves remain viable to potential RCW usage. 6. Marine and estuarine resources. Not applicable. 7. Noise. a. Describe chances in decibels and duration of noise during and after the proiect (loth day and night) that will exceed Collier Coonty regulations No noise will be generated by the project, either during construction or subsequently that will exceed County, State or Federal regulations. Noise from construction will be typical of that generated by clearing/excavation, hauling, etc., and will be limited to normal working hours. Post - construction, there should be no additional increase in noise with the exception of that generated by personal automobile use by residents. This is not anticipated to exceed County standards. b. steps that will be taken to reduce noise levels during and after the proiect; and Not applicable, see above. W Agenda Item No. 8G January 23, 2007 Page 206 of 516 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 42/05/01 C. project eompiiance with Federal Aid Highway Program Manna! 7-3 -3 Not applicable. 3.8.5.4.2 Public Facilities and Services 1. Wastewater Management Wastewater produced byfuture residents and users of theproject will be directed by underground pipes and sewers to Collier County's North Regional Waste Water Treatment Facility, approximately three miles to the west — south west on Goodlette- Frank Road. a. Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of treatment. The County's North Regional Waster Water Treatment Facility is currently operating at approximately 100% of Its 8.5 million gallons per day (mgd) capacity. The facility is under construction to upgrade its capacity to 13.5 mgd. The upgrades are slated to be on -line in 2001. The facility provides primary and secondary treatment of wastewater as well as high level disinfection to provide re -use water for non potable application in golf courses, medians, and other irrigation or landscaping arenas. b. If applicable, describe similar features of proposed new treatment facilities . Not applicable. b. Describe the character and fate of both Liquid and solid effluents. Effluent generated by this project will be limited to that from domestic/residential use and as described above will be directed via pipefor treatment at the nearest Collier Countyfacility, 2. Water Supply. a. Estimate of average daily potable and non - potable water demands by the rp oiect. Average, flow for the project would be 850 units X 2.5 personslunit X 154 gallons per day /person = 327,250 gallons per day. Peak flow would be twice average flow or 654,500 gallons per day. Non potable water usage will be dependant on a consumptive use permit filed with the SFWAM. 10 Agenda Item No. 8G January 23, 2007 Page 207 of 516 TERAF1NA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02 /05 /ol b. Source of the raw water suRply. Potable water for the project will be accessed from the existing water marts servicing the 01de Cypress development along Immokalee Rd. A spur of the water main was put in place up to the properly line during the construction of the Olde Cypress infrastructure. Non potable water will be drawn from underground sources but, as stated earlier, will be dependant on a consumptive use permit filed with the SFWMD. c. Analysis of on -site treatment systems relative to State and County standards. Not applicable. 3. Solid Wastes a. Estimate of average daily volume of solid wastes. Solid waste generation estimates would be 850 units X 2 persons/unit X S lbs/day = 4.25 tons per day. b. Proposed method of disposal of solid wastes. Solid wastes will be handled by baste Management of Collier County. C. Any.plans for recycliue or resource recovery. Curbside newspaper, aluminum can and glass pickup will be available. 4. Recreation and open spaces. a. Acreage agd facilities demand resulting from the new use. This project consists of combined residential and recreational facilities which include golf and tennis with associated amenities. Much of the project site, post - development will consist of open space with attractive, native landscape vegetation. Off-site recreational needs will thus be minimized although the site is within a reasonable travel distance to County beaches and associated facilities. The project is not expected to impact those facilities to a large extent. Facilities demand for 1700 residents would equate to 2.2 acres of community park space and 4.4 acres of regional park space. b. Amount of public park/recreation land donated by the developer. None. _ _ - - - - - -- -- I Agenda Item No. SG January 23, 2007 Page 208 of 516 TERAFMA Environmental Impact Statement SEC 16 TWP 488 RNG 26E Revised 02/05/01 C. Management plans for any open water areas of one -half acre or more within the project. Lakes developed within the project will be constructed in accordance with the County and South Florida Water Management criteria. Lake management requirements will include periodic removal of excess vegetation within and around the lakes on an as needed basis. Common area and lake management will be the responsibility of the home owner's association. Easements for water management areas will be dedicated to the County. C. Plans for recreational development by the developer on dedicated lands Not applicable. e. Amount of public recreation lands removed from inventory by the new use. None. E Development and /or blockage of access to public beaches and waters None. 5. Aesthetic and Cultural Factors. Q. Provide documentation Aom the Florida Master Site File Florida Department of State and a91- rioted historic archaeoio ecal surveys that have been conducted on the oroiect area. Please reference EXHIBIT #10, Master Site File response letter. b. Locate any known historic or archaeological sites and the relationship to the proposed project design. No known archaeological sites exist on the subject property as per EXMBIT 1#10. C. Demonstrate how the project design preserves the historic/archaeological inteQrit_y of the site. Not applicable. 12 Agenda Item No. 8G January 23, 2007 Page 209 of 516 TERAFINA Environmental Impact Statement SEC 16 IWP 48S RNC 26E Revised 02/05101 d. Indicate any natural scenic features that m€aht be modified by the vroject design and explain what actions sball be utilized to preserve aesthetic values. — - — Modifications to existing natural scenic features may entail the clearing of forested areas and construction of buildings and facilities associated with the proposed project. In it's existing condition, however, the site comprises dense exotic vegetation and offers little in the way of aesthetic or recreational value. Construction and management ofpreserved areas will result in an overall aesthetic improvement through development with exotic species removed and native landscaping utilized throughout. Internal preserves connected to the flow -way preserve will also enhance wildlife viewing opportunities for the residents. e. Provide the basic architectural and landscaping designs. Architectural and landscape designs will be submitted during the review process to Collier County Project Review Services. The designs will he consistent with what is required by the Land Development Code. 6. Monitoring. a. Describe the design and Uocedures of any proposed monitoring during and after site preparation and development. A wetlands monitoring and maintenance plan will be required by the South Florida Water Management District for the proposed wetland restoration. This plan will be submitted to the County upon finalization with the District. Section 3.8.6 SPECIFICS TO ADDRESS 3.8,6.1 Generah The statement should specifically address the following: 3.8,6.1.1 Indicate how the primed project has incorporated the natural, aesthetic and cnituraI and 3.8.6.1.2 resources and other environment:0 considerations in the planning and design of the proposed uro iech and list the environmental impact(s) of the proposed action and the reason(s) that the impacts) are unavoidable and that the impact(s) represent the minimum impacts pqssible to the environmental auatity of the site and/or the surrounding area, which might be affected by the proposed use. 77te proposed Terafina project will provide residential and recreational amenities for Northern Collier County's growing populace while contributing to regional stormwater management efforts. Much of the project in it's current state consists of hydrologically and ecologically impacted wetlands that through exotic invasion and altered hydrology have lost most of their functional value. Thus as it stands the site is of little environmental benefit to the region as a whole. The project has been designed with wider land use gaa s in mind 13 Agenda Item No. 8G January 23, 2007 &PENN of 516 Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 Environmental impacts will entail a loss of 280.52 acres of wetlands and 82.16 acres of uplands. Given the high wetland acreage on the site at 533.1 of a total project acreage of 646, these are unavoidable impacts and represent the least possible to result in a financially viable project, 3.8.6.1.3 Provide substantiated alternatives to the proposed proiect so that reasons for the choice of a comae of action are clear, not arbitrary or capricious Alternatives to the project include no action which would result in unfeasible financial burden or search for alternative sites. Given the project's location, surrounded by properties which are currently under development or with plans in place, future land use of the project site is inevitable. This plan represents the best possible scenario given the cooperation between surrounding properties (Mirasol to the east and Old Cypress to the south) to incorporate a regionally significant flow -way preserve. Design and permitting of this feature is occurring in tandem and through the regulatory agencies. 3.8.6.1.1 Immediate short -term and long -term impacts to the environment. Short term impacts will result from the use of mechanized equipment on -site and increased noise levels daring construction. Long term impacts include the loss offunetion and wildlife value of 280.52 acres of currently degraded wetlands and 82.16 acres of naturally functioning uplands in addition to the effects of increased population in the subject area with corresponding requirement for electricity, water supply and treatment, tra,,#iic considerations and recreational use ofthe project's environs. Construction of theflow -way will result in a large, exotic free preserve contiguous to the CREW lands to the east that aside from providing enhanced wildlife habitat will also provide flood reliefto historicallyflood prone areas of Bonita Springs and Northern Collier County, 3.8.6.1.5 Any irreversible and irretrievable commitments of natural resources which would be involved in the proposed action should be implemented Irreversible and irretrievable commitments of natural resources, if the proposed action is authorized, will be the clearing and filling of 280.52 acres of wetlands and 82.16 acres of uplands, with the associated loss 1n functional and wildlife value. 2g� v � 6 14 Agenda Iter } 8G January 2007 Page 211 of 516 etuSEa bHEI G.36 AcD (Lab AC (1.6]'C�, r (3.14 Ac,1 • y ♦ + `IV ) e + + i„�ye e,n, a e LEGEND! y r • a.a.. , . • + 'H.a A,1) SFWMD W c.*) (533.10 A.t) + r (TP)Ata SURVEYED LINE r axu + a r r y r IEa..e nu) y • rft�aa M�.1` e2a9EJ u1x: y ,• 4(b.J Aeel a yOES AC H ull9et + r + + %OF y r lasejA<.EI + + + a LxU + + aN.I b ea A< 1 + y Ix.n At.,) + + r y alt.IfaA, l) r V y + w FLUCFCS CODES 3219F1 4119 E7 DESCRIPTMNS _ ACREAGES PALWE7TO PHAIHIF, DISTURBED (024% EXOTICS) z88 An.! PINE"TW00DS DISTURBED TO 24% EXOTICS) 2J04Ac. -_ TOTAL O4% 3.6% y .1 IT y + • C�1♦ + 11.66 r(4P 4119[2 41f9F3 PONE FLATWOODS, DISTURBED 12049 %EXDTIG5 PONE FLATWOO DS, DISTURBED (6075% EXOTICS) • + (u sO ACU ♦ `1`J :9 ceA bi 9E! ulv r o.el Ae.tl �Ie'.H1AC + y y y + `♦ ) l+ y w• e24 4241 4291 E1 MM ALFUCA 1.02 A. MELALEUCA. HYDMG 909.30 AC.t WAX MYRTI EAWLIOW.DISTRHRFDT)- EXOTICS) 0.59AC.x 3.58Aar 02% 47.8% 0.1% 0.0% c.( ex6a6i w y a lIe9A+i)a 4201 E2 6119E1 WAX MYRTLEAVKLOW, DISTUIffiED(2549% EXOTICS) POPA3II.DISTUFMD (0-24 %EXOTICS) 0.68AC.s 0.1% + Ac+) r r 8219 E1 CYPRESS, DISTURBED 1024% EXOTX3) 5A9Ac.s 0.8% 9219E2 CYPRESS, DISTURBED(25J8% EXOUCS) IS, 3Ac- 29% 6139Ei ♦ y + + + + 8219EI CYPRESS.DRTVRBE0160 -]6 %EXOTICS] 18.11 no.! 2.3% 09 Ac.,) + t6oeJ, • 8249E1 CYPRESS /P9NE /CABBAC>E PALM, UISTURTJ U(024 %EXOTICS) 0.5BAe.3 01% l.eJ aal r y y. ♦ ♦ w w y v y w + y fe.n At�, w a T�j' )�E'� 8249 E2 8249 E9 CYTTESS/ PINE7 CABIIAGE PALM, .OSTIT- CO(2"SAEXOTIC9) CYPRESS /P94E /CABBAGE PAIAE. DEITUPBED(5675 %EXOTICS) DISTURBEO(024 %EXOTICS) 2.33 Ac.± 8.30 ACS 0.82 Ac.- 0.4% 13X 0.1% All A U ♦ y.ls y + + 4 6259Ei 8289 E2 HYUOC NNE. IIYCRG PINE. DISTURBED (25. 49% EXOTICS) 1027Aat 1.6% 4 OA! 4 ro t U + `IV TJ y y y y .+ y+ r w - +�A J + +Ixaa e4,� a + 41Ne /e"- 4aceJ BU9E3 8119EI HYOWC PINE. MARSH. DI TURBE EXOTICS) I56.2]A- FRES14WATER MAiiSH, 014TVRBEO (0241: EXOTICS) 1.91 AC.± *_ 242% 0.2% +nleey e r(ao CU y se a Ib. ee .<.al� ta.eJ U.2 • e r ♦ y r + y • r 6419E2 ]40 FRFSHWATERMARSH, DISTURBED (211-,19% EXOTICS) DISTURBEDLAND 0.10Ac. 4,42Ac.i 0.0% 0.]% y 6 69E + •,14.1 n26,10 M ?sl + + y • y + y ♦ + ry TOTAL 648A9 Aa.s 100.0% O.:I Al ) Sx19D 11<4eeee + + `(0,14 + y + + y + + y IR + 11 A. D C.<1 4119x r + ` ° a bi9a[> 9E> • + a + B.N, Al 1 + (o.4e AC. U + y y r r + " + Al y (I 11 Al • r • + ♦ + ?yp Ie.L ea) • a291Et` y ♦ en9EE Qw + y ahvEJ 13.64 A-1 bR9 • . 1.6a ec • ♦ r • �� r • + + r 0.H 1-) u1ce1 + y + `y (a 11 Al. l♦ etave NOTES: Ize.]x act) + • + + y y ♦ y r • re•AC.l a9EY + BOUNDARY AND SURVEYED LINES PER HOLE ex19EJ I2.v a y bzsveJ + (V S9 A, I) MONTES DRAWING NO. 9587EXOLDWG I. e:Ee81 +,(o66 DATED FEBRUARY 21, 2003. y y y Ae.H " + + + FLUCFCS LINES ESTIMATED FROM u 1 t y • • y r I' +200' AERIAL PHOTOGRAPHS AND + r + r �cJ. + + y + y LOCATIONS APPROXIMATED. Al + e.J6 l.) ` anvE3 y (a sz Ac.) y • Ilr ro r + envoi .t,/ + + leex A< .0 FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION y A<,e1 ♦ y + A y SE's + +a.a3P4c.N .ES a <.< SYSTEM (FLUCFCS) (FOOT 1999). aoEi• y (0.14 At.D a ♦ ry 46 AC.H y • + a y y 6E 9E3 ` ` ` + ` K59EJ (E d A<. °El en9e a.aa Ao<I ' J e�1,) elel a z IJ. e9 Ac.0 r Ijaa Ayt) � WETLAND LINES HAVE BEEN VERIFIED BY SPWMD AND USACOE. e • y i yJ �etysaEz y UEI • ` • ` ex e£3 + • 42lvEi ate,) ACM )b (O.tb At,l l4.eJ N+ 4n tEO6J• 1 A<., 69E� _) a.D 169 A<iI WNHO NA., bA ei (LJI ec. <) " " "°"; ="=c0o ASSOCIATES. INC. H.S. 5 /s /OS PAS and FLUCFCS TERAFINA AND WETLANDS MAP 03GLH656 7/22,03 °I40I(En" DAE K.C.P. 5/5/03 6 N/A Consulting Ecologists g g 9110 College Pointe Court, Fort Myers, Flori a 33919 9 u%n FIGURE 2 6PAa"1HT - ��""'^"° C.C. 5/5/03 16 46 28 yf s {,FId t tr)j7 �di�„km yrY ai r )r a 4U Jz �� `�' � � " � 6 �r P ❑ J� r- � .A •3' �y iP � 7 s� � Fi � 'a' .'�"rT.)+tJ !' �..a.• � r} [ �R I_E Ail t�f.�� • ��I, 'r j P x�fi I 54;' �'�i( i ca i t 1��h•_.��t1�'j � \ S�y,� ti p�.fi��n fiz^ dl 7 i �'�la" s d4 -1 lis ar ),♦ll��,�� " a �� q SRS ^) � �s : ilt,Yy y, ,�� /� NHS` .. � � � - • 1, � ¢ }� {' � X �'F h` g� i R +� ` ; � 2 [ .,.,. i r� �,.�';r Y. @ +�` '.; �' 1 I. " " I .t �', ,. �# ._ r ��i>•il� TY..� is h# t i 1 i "k "Otlt y J � � 'S;ti�p k �� ¢I" - \,�- •1`�s' 1*{•y, r�.. y+. }2 yr5- 1 Ila AP fl.. i �, nE i'yis 2 - . .t i tZ w i` x Y i l y '7 E 7 2 �� - ee.�r�r�`+��4 y } 1a isAtURM n Y �' •'�" ��. < F •, Ip�� fl�,�� y 45� v71't7 f� §1 ^'Yk Yyrr +rt j + Gfy�T'(lI "`4 +)t <1' 7 + or" s •� rt d " .y t� ![.f ry tr 5 ?h i� v si x �I)�+( �% AT�N �1 �� •? '. �A.l" � � , � �k � z) j � dl � ��y,,�r� r � �u f 1 � { t �. � �� r,� +) 1 r�4Y € .:f k -. t ya { r ;up f r tl ryt vI'q l_� 4 a Fxs 1} � s +d.11 r Yd 17 it 7 tilt IV I s 4E.Jih rf rs v, ,'tilt +j{ ` s � F. 5 J r tl 0 1 {�z r ilk �It � °t1.ty + +(P t71 tJ"F ? it i + � � �;` " t¢ t,, � �s s ? ,f•� 1.1 � r 3'��}<f of '.).4t ��{WA�.1:: " " �f. '�7f�� )yt,�� S �i ip �. " }�ai��'j" � s, � :'lo •,r t t tt� y t2�U1 r'�� t. "i y }i I } `4vZ1, h* �.,\ 4 s �� \ rv, .. PS iJ � 81 �i. � !��",• r r r r� '• y'1M ,'F� r t SL k °1b t�,, �r y'l�f' t rPd �Svv " "i �� y � t `Y` pip+ •r7 Agenda Item No. 8G January 23, 2007 Page 213 of 516 PUDEX- 2006 -AR -9610 REV-- 2 Project: 2002050014 Date- 8/7106 DUE. 8/21106 TERARINA COLLIER COUNTY LISTED SPECIES SURVEY July 200{ Prepared For: GL Homes 1401 University Drive Suite 200 Coral Springs, Florida 33071 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Ayers, Florida 33919 (239) 274 -0067 Project No, 030LH856 TABLE OF CONTENTS Agenda Item No. 8G January 23, 2007 Page 214 of 516 Page Introduction.................. ............................... . . ............... . ................................. ..............................1 VegetationMapping ..................................................................................... ..............................1 SurveyMethodology .................................................................................... ..............................7 SurveyResults ............................................................................................... ..............................7 Summary........................................................................................................ ..............................5 References................................ ............................... . ........ ............................... . ............................ 9 I Figure 1. Figure 2. LIST OF FIGURES Project Location Map . ............................... Agenda Item No. 8G January 23, 2007 Page 215 of 516 Page .................. ..............................2 Aerial with FLUCFCS overlay .............................................. ............................... 3 ii Table 1 Table 2. LIST OF TABLES Existing Land Use and Cover Summary........... Agenda Item No. SG January 23, 2007 Page 216 of 516 Page ............................ I... l Listed Species Observed .......... ..............................7 iii LIST OF APPENDICES Agenda Item No. BG January 23, 2007 Page 217 of 516 Page Appendix A. Aerial with FLUCFCS and Listed Species Locations ........ ............................... A- I iv Agenda Iten} No. 8G January 23; 2007 Page 218 of 516 INTRODUCTION An updated Collier County listed species survey was conducted for the Terafina project by Passarella and Associates, Inc. The following summarizes the results of the updated listed species survey for the project. The Tera.fina property totals 646.494= acres and is located in ,Section 16, Township 48 South, Range 26 East, Collier County (Figure 1). The parcel is undeveloped, forested land. The surrounding land uses include the Parklands project to the north; Olde Cypress residential neighborhood to the south; the Mirasol project to the east; and the Quail Nest residential neighborhood to the west. VEGETATION MAPPING Vegetation mapping was previously accomplished using rectified aerial photographs and groundtruthing. Groundtruthing was previously conducted in March 2003. The vegetation communities were mapped using Levels III and IV of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (Florida Department of Transportation 1999), with Level IV used to denote hydrological or anthropogenic disturbances. Table 1 provides the breakdown of the FLUCFCS codes by acreage and percent of exotics, while a description of each of the classifications follows. The FLUCFCS map with acreages is provided as Figure 2. Table 1. Existing Land Use and Cover Suinmaiy � J HIP r .ps" �, -c(r.. f1C �_..,L }`;Y �.y =1'. vR Ta.y., ! 'Lts_:.._T'E o _ x,.s>, i, t. kad <�.� a '(T 4 a,- +� • Cxll�G �i cta�,i"i i '�i `� \x t 'k ;Y- U 3219 E1 Palmetto Prairie, Disturbed (0 -24% Exotics ) 2.88 0.4 4119 E1 Pine Flatwoods, Disturbed 0 -24% Exotics 23.04 3.6 4119 E2 Pine Flatwoods, Disturbed (25 -49% Exotics ) 60.23 9.3 4119 E3 Pine Flatwoods, Disturbed (50 -75% Exotics) 21.80 3.4 424 Melaleuca 1.02 0.2 4241 Melaleuea, Hydric 309.30 47.8 4291 E1 Wax - Myrtle /Willow, Disturbed (0 -24% Exotics ) 0.59 0.1 4291 E2 Wax-Myrtle/Willow, Disturbed (25 -49% Exotics) 3.56 0.6 6169 El Pop Ash, Disturbed 0 -24% Exotics) 0.56 0.1 6219 E Cypress, Disturbed 0 -24% Exotics 5.09 0.8 6219 E2 Cypress, Disturbed 25 -49% Exotics) 18.73 2.9 6219 E3 Cypress, Disturbed 50 -75% F_.xotics 15.11 2.3 6249 E1 Cypress /Pine /Cabbage Palm, Disturbed (0 -24% Exotics 0.56 0.1 6249 E2 Cypress/Pine /Cabbage Palm, Disturbed 25 -49% Exotics) 2.53 0.4 6249 E3 Cypress/Pine /Cabbage Palm, Disturbed 50 -75% Exotics) 8.30 1.3 6259 El H dric Pine, Disturbed 0 -24% Exotics) 0.82 0.1 6259 E2 H dric Pine, Disturbed (25 -49% Exotics ) 10.27 1.6 1 ;791, �1 f4 ' I 5 ' I I 11 L i 1 ' 1 } rj ,I � 7tf �� 1, f � IT. �, 7 i7, A•.11 I.. ,I �1 h1 )1.11 ll�r y A If. �.t rl A I1�J 1 I o f 3 1 Agenda Item No. &G January 23, 2007 Page 220 of 516 Table 1. (Continued) �,. -+y,�w a3 xi.[yAU" e��y� rtr �ea 'x'r�,�-1t,..,��'<1��a'iF°c `� -� �c Kjj aE��4� e- •.n1y��1,hS.��{�'`'^^ •...5.. �_�._�� 'a... , . _. a'"Fa�'✓�'"'��e."��. �uc i.,, r '°�m,F '� � �' �. — e,�:t. <.. ._g n.. r. ��..� 3},,, �� —"i-_M ..Ff5��;. - 4;....._..a?. s�xvE ,.c� F d' 'r *%gl:c,:..w,.i ?t!I�.St.xr i ti„3 _�u".'-'..`..:.�1 +. -.q 7„� ,r riz ..: � ^''' _�x r - �,..' •'ii 6259 E3 H dric Pine, Disturbed 50 -75% Exotics 156.27 24.2 6419 E 1 Freshwater Marsh, Disturbed 0 -24% Exotics) 1.31 0.2 6419 E2 Freshwater Marsh, Disturbed (25 -49% Exotics ) 0.10 <0.1 740 Disturbed Land 4.42 0.7 TOTALS 646.49 100.0 Palmetto Prairie, Disturbed (0 -24% Exotics) (FLUCFCS Code 3219 El) This habitat occupies 2.88± acres or 0.4 percent of the site. The canopy is open or may contain scattered slash pine (Pines elliottii) and melaleuca (Melaleuca quinquenervia). The sub- canopy is open or may contain wax - myrtle (Myrica cerifera), myrsine (Rapanea punctata), melaleuca, and Brazilian pepper (Schinus terebinthifolius). The ground cover is predominantly saw palmetto (Serenoa repens) and also contains rusty lyonia (Lyonia ferruginea.), grapevine (Vitis rotundifolia), and greenbrier (Smilax aurieulata). Pine Flatwoods, Disturbed (0 -24% Exotics) (FLUCFCS Code 4119 El) This habitat occupies 23.04± acres or 3.6 percent of the site. The canopy is dominated by slash pine. The sub - canopy consists of wax - myrtle, myrsine, dahoon holly (Ilex cassine), ear -leaf acacia (Acacia auriculiformis), and melaleuca. The ground cover is saw palmetto. Pine Flatwoods, Disturbed (25 -49% Exotics) (FLUCFCS Code 4119 E2) This habitat occupies 60.23± acres or 9.3 percent of the site. This community is similar to FLUCFCS Code 4119 El; however, the canopy and sub- canopy consist of 25 to 49 percent melaleuca. Pine Flatwoods (50 -75 °/U Exotics) (FLUCFCS Code 4119 E3) This habitat occupies 21.801 acres or 3.4 percent of the site. This community is similar to FLUCFCS Code 411 E2; however, the canopy and sub - canopy consist of 50 to 75 percent melaleuca. Melaleuca {FLUCFCS Code 424) This upland habitat occupies 1.02± acres or 0.2 percent of the site. The canopy is dominated by greater than 75 percent melaleuca with widely scattered slash pine. The sub - canopy contains melaleuca and wax - myrtle. The ground cover includes melaleuca, yellow -eyed grass (Xyris sp,), rosy camphorweed (Pluchea rosea), little blue maidencane (4mphicarpum muhlenburgiania), and scattered saw palmetto. Melaleuca, Hydric (FLUCFCS Code 4241) This wetland habitat occupies 309.30± acres or 47.8 percent of the site. The canopy is dominated by greater than 75 percent melaleuca with widely scattered slash pine and cypress (Taxodium distichum). The sub - canopy contains melaleuca, slash pine, wax - myrtle, and dahoon holly. The ground cover consists of bare ground with yellow -eyed grass, gulf muhly (Muhlenbergia 4 Agenda Item No. 8G January 23, 2007 Page 221 of 516 capillaris), hatpins (Eriocaulon decangulare), rush fuirena (Fuirena scirpoidea), and little blue maidencane. Wax Mettle /Willow Disturbed (0 24% Exotics) (FLUCFCS Code 4291 E1) This wetland habitat occupies 0.59± acre or 0,1 percent of the site. The canopy is open, while the sub - canopy is wax -myrtle and willow (Salix caroliniana) with zero to 24 percent melaleuca or Brazilian pepper. Ground cover includes torpedograss (Panicum repens), arrowhead (Saggitaria lancefolia), Alligator flag (Thalia geniculata), and little blue maidencane, Wax-Myrtle/Willow, Disturbed (25 -49% Exotics) (FLUCFCS Code 4291 E2) This habitat occupies 3.56± acres or 0.6 percent of the site, This community is similar to FLUCFCS Code 429 E1; however, the canopy and Sub- Canopy consist of 25 to 49 percent melaleuca or Brazilian pepper. Pop Ash Disturbed (0-24% Exotics) (FLUCFCS Code 6169 E1) This habitat occupies 0.56± acre or 0.1 percent of the site, The canopy is pop ash (Froxinus caroliniana) and willow. The sub - canopy is willow and wax - myrtle. The ground cover is scattered arrowhead, maidencane (Panicum hemitomon), and swamp fern (Blechnum serrulatum). Cypress Disturbed (0-24% Exotics) (FLUCFCS Code 6219 E1) This wetland habitat occupies 5.09± acres or 0.8 percent of the site. The canopy is dominated by cypress. The sub - canopy consists of cypress, wax - myrtle, dahoon holly, and zero to 24 percent melaleuca. The ground cover includes rush fuirena, rosy camphorweed, swamp fern, yellow -eyed grass, beak -rush (Rhynchospora inundata), Tracy's beak -rush (Rhynchospora tracyi), and gulfdune paspalutn (Paspalum monostaehyum). Deeper ponds within the cypress domes support a ground cover of pickerelweed (Pontederia cordata), arrowhead, and Alligator flag. Cypress Disturbed (25 -49% Exotics) (FLUCFCS Code 6219 E2) This habitat occupies 18.73± acres or 2.9 percent of the site. This community is similar to FLUCFCS Code 6219 E1; however, the canopy and sub - canopy consist of 25 to 49 percent melaleuca and Brazilian pepper. Cress, Disturbed (50 -75% ExoticsZ(FLUCFCS Code 6219 E3) This habitat occupies 15.11± acres or 2.3 percent of the site. This community is similar to FLUCFCS Code 6219 E2; however, the canopy and sub - canopy consist of 50 to 75 percent melaleuca and Brazilian pepper. Cypress/Pine/Cabbage Palm Disturbed (0 -24% Exotics) (FLUCFCS Code 6249 E1) This wetland habitat occupies 0.56± acre or 0.1 percent of the site. The canopy is a mix of slash pine and cypress. The sub- canopy consists of slash pine, cypress, dahoon holly, and wax - myrtle. The canopy and sub -canopy consist of zero to 24 percent melaueuca and Brazilian pepper. The ground cover includes flatsedge (Cyperus haspans), beak -rush, Tracy's beak -rush, yellow -eyed grass, and gulfdune paspalum. Agenda Item No. 8G January 23, 2007 Page 222 of 516 Cypress /Pine /Cabbage Palm Disturbed (25 -49% Exotics) (FLUCFCS Code 624 E2) This habitat occupies 2.53± acres or 0.4 percent of the site. This community is similar to FLUCFCS Code 6249 El; however, the canopy and sub - canopy consists of 25 to 49 percent mclaleuca and Brazilian pepper. Cypress /Pine /Cabbage Palm Disturbed (50 -75% Exotics) (FLUCFCS Code 6249 E3) This habitat occupies 8.30± acres or 1.3 percent of the site. This community is similar to FLUCFCS Code 6249 E2; however, the canopy and sub - canopy consist of 50 to 75 percent melaleuca and Brazilian pepper. Hydric Pine, Disturbed (0 -24% Exotics) (FLUCFCS Code 6259 E1) This wetland habitat occupies 0.82± acre or 0.1 percent of the site. The canopy contains slash pine. The sub - canopy contains slash pine, melaleuca, and wax - myrtle. The canopy and sub - canopy consist of zero to 24 percent melaleuca. The ground cover includes gulfdune paspalum, little blue maidencane, rosy cunphorweed, beak -rush, and rush fuirena. Hydric Pine, Disturbed (25 -49% Exotics) (FLUCFCS Code 6259 E2) This wetland habitat occupies 10.27± acres or 1.6 percent of the site. This community is similar to FLUCFCS Code 6259 E1; however, the canopy and sub - canopy consist of 25 to 49 percent melaleuca. Hydric Pine, Disturbed (50 -75% Exotics) (FLUCFCS Code 6259 E3) This wetland habitat occupies 156.27± acres or 24.2 percent of the site. This community is similar to FLUCFCS Code 6259 E2; however, the canopy and sub - canopy consist of 50 to 75 percent melaleuca. Freshwater Marsh, Disturbed (0 -24% Exotics) (FLUCFCS Code 6419 E1) This wetland habitat occupies 1.31± acres or 0.2 percent of the site. The canopy is absent. The sub - canopy contains widely scattered wax - myrtle, primrose willow (Ludwigia peruviana), and zero to 24 percent Brazilian pepper. The ground cover includes arrowhead, Alligator flag, and maidencane. Freshwater Marsh, Disturbed (25 -49% Exotics) (FLUCFCS Code 6419 E2) This wetland habitat occupies 0.10± acre or less than 0.1 percent of the site. This community is similar to FLUCFCS Code 6419 El; however, the sub - canopy consists of 25 to 49 percent Brazilian pepper. Disturbed Land (FLUCFCS Code 740) This upland area occupies 4.42± acres or 0.7 percent of the property. The canopy is open. The sub - canopy contains scattered Brazilian pepper. The ground cover includes dog fennel (Eupatorium capillifolium), ragweed (Ambrosia arlemisiifolia), ceasarweed (Urena lobata), sweet broom (Scoparia duleis), hairy beggar -ticks (Bidens pilosa), sandspur (Cenchrus sp.), smutgrass (Sporabolis indices), flatsedge, and bahiagrass (Paspalum notatum). Agenda Item No. 8G January 23,2007 Page 223 of 516 SURVEY METHODOLOGY The property was surveyed for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern; and for plant Species listed by the Florida Department of Agriculture and USFWS as endangered, threatened, or commercially exploited. The listed wildlife species surveyed for included, but was not limited to, red- cockaded woodpecker (Picoides borealis), Southeastern American kestrel (Falco sparverius paulus), bald eagle (Haliaeetus leucocephalus), wood stork (Mycteria americana), gopher tortoise (Gopherus polyphemus) and their commensals, such as the Eastern indigo snake (Drymarchon corals couperi), gopher frog (Rona* areolata), Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanus floridanus), and Florida panther (Puma concolor coryi) (FWCC 2004). The listed plant species surveyed for included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida. The survey was conducted for a period of five consecutive days by qualified ecologists walking parallel belt transacts through suitable habitat to ensure that sufficient visual coverage of ground and flora was obtained. Transects were spaced from 50 feet to 150 feet apart, depending on habitat. Habitats were inspected for listed plant and wildlife species. At regular intervals, the ecologists stopped, remained quiet, and listened for wildlife vocalizations. SURVEY RESULTS The listed plant and wildlife species survey was conducted on July 17, 18, 19, 20, and 21, 2006. Listed species identified on the project site are listed in Table 2. A cluster of seven white ibis were observed roosting in a slash pine tree on the project site in association with Melaleuca, Hydric (FLUCFCS Code 4241). An aerial photograph with the approximate locations of the listed species observed is provided as Appendix A. No listed plants were observed during the surveys. Table 2. Listed Species Observed FWCC — Florida Fish and Wildlife Conservation Commission USFWS — U.S. Fish and Wildlife Service SSC — Species of Special Concern 7 Agenda Item No. 8G January 23, 2007 Page 224 of 516 SUMMARY A total of one listed species was observed on -site, the white ibis. This species is listed as a species of special concern by the FWCC. 9 Agenda Item No. 8G January 23, 2007 Page 225 of 516 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550- 010 - 001 -a. Third Edition. Florida Fish and Wildlife Conservation Commission. 2004, Florida's Endangered Species, Threatened Species, and Species of Special Concern. Official Lists, Bureau of Non - Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida. Agenda Item No. 8G January 23, 2007 Page 226 of 516 APPENDIX A AERIAL WITH FLUCFCS AND LISTED SPECIES LOCATIONS Agenda Item No. 8G January 23, 2007 Page 227 of 516 SouTH ftow A WATER MANAGEMENT MsnucT 33M Gun Club Road, West Palm Beach, Florida 33406 • (561) 666 -8894 • FL WAT51.800 -432 -2045 • TDD (561) 697.2574 Mailing Address! P.O. Box 24680, West Palm Beach, FL 33416.4680 • www.sfwmd.gov October 31, 2006 G.L. Homes of Naples Associates 11, Ltd. 300 1600 Sawgrass Corporate Parkway -- Sunrise, Fl- 33323 Subject: Addendum to Staff Report Dated October 30, 2006 Application No. 060713 -9, Satumla Falls (FiKA Terafina P -U-D.) Collier County, S16(T48S /R26E Enclosed is an addendum to a staff report sent to you on October 30, 2006. it Is requested that you read this addendum thoroughly and understand its contents. The recommendations as stated in the staff report and the addendum will be presented to our Governing Board for consideration on Wednesday, November 8, 2006 - Please note, the meeting will be held at the Ocean Reef Club located at 36 Ocean Reef Drive in Key Largo. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions, and /or waivers to, Elizabeth Vegulila, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416 -4660 The "Notice of Rights" addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. You are advised; however, to be prepared to defend your position regarding the permit application when It Is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 31st day of October, 2006 In accordance with Section 120.60 (3), Florida Statues. ,Sincerely, Robert M. Brown, Director Environmental Resource Regulation Department RMB /gh CERTIFIED MAIL # 7005 0390 0005 9818 0256 RETURN RECEIPT REQUESTED GOVERNING BOARD Kevin McCarty, 0oir Alice J. Carlson Lennart E. Undahl, f .E. irela M. Baguio, Vice-Chair Michael Colliru HarWey R. Thornton Miya Burt - Stewart NicalAs J. Gulihrrez, Jr., Esq. Malcolm S. Wade, Jr. RECEIVED NOV 0 2 10 F.XECtfn7VE OFFICE Carol Ann Wehle, Executive Direcior Agenda Item No. 8G January 23, 2007 Page 228 of 516 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.80(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing and /or Judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120.57, and 120,60(3), Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28- 106.111, Fla. Admin. Code. Any person who receives written notice of a District decision and fails to file a written request for hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28- 106.111(4), Fla. Admin. Code, The Petition must be flied at the Office of the District Clerk of the SFWMD, 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, Florida, 33416, and must comply with the requirement :3 of Rule 28- 106.104, Fla. Admin. Code. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28- 106.104, Fla. Admin. Code, any document received by the'offce of the District Clerk after 5:00 p.m. shall be fled as of 8:00 a.m. on the next regular business day. • Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand - delivery must also include the original and one copy of the petition. Delivery of a petition to the District's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. Filings by facsimile must be transmitted to the District Clerk's Office, at (561) 682 -6010. Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the District Clerk receives the complete document. Rev. 9112/06 Agenda Item No. 8G January 23, 2007 Page 229 of 516 The following provisions may be applicable to SFWMD actions in combination with the applicable Uniform Rules of Procedure (Subsections 40E- 0.109(1)(a) and 40E- 1.511(1)(a), Fla. Admin. Code): (1)(a) "Receipt of written notice of agency decision" as set forth in Rule 28- 106.111, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or Intends to take final agency action. (b) if notice is published pursuant to Chapter 40E -1, F.A.C., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice Is received. (2) If the District's Goveming Board takes action which substantially differs from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla. Admin. Code, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. (3) Notwithstanding the timeline in Rule 28- 106.111, Fla. Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427, Fla. Stat., shall provide a 14 day point of entry to file petitions for administrative hearing. Hearings Involving Disputed Issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1), Fla. Stat., and Rules 28- 106.201 -.217; Fla. Admin. Code. Petitions involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.201, Fla. Admin, Code. Hearings Not involving Disputed issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth In Subsection 120.57(2), Fla. Stat, and Rules 28- 106.301 -.307, Fla. Admin. Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28- 105.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.301, Fla, Admin. Code. Mediation As an alternative remedy under Sections 120.569 and 120.57, Fla, Stat., any person whose substantial interests are or may be affected by the SFWMD's action may choose to pursue mediation. The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 108.401 -.405, Fla. Admin. Code. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant to Sections 120.60(3) and 120,68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Ficrida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or In the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 9112106 2 Agenda Item No. 8G January 23, 2007 Page 230 of 516 erp staff report.rdf Last Date For Agency Action: 09 -NOV -2006 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Saturnia Falls (F.K.A Terafina P.U.D) Permit No.: 11- 02055 -P Application No.: 060713 -9 Associated File: 060310 -5 WU Application Type: Environmental Resource (Conceptual Approval Modification And Construction /Operation Modification) Location: Collier County, S16/T48S /R26E Permittee : C3.L. Homes Of Naples Associates 11. Ltd. Operating Entity: Saturnia Falls Homeowners Association, inc DRAFT Project Area: 646.49 acres 8Ubject to Governia Project Land Use: Residential BQord li Approval Drainage Basin: WEST COLLIER Sub Basin: COC Receiving Body: COCOHATCHEE CANAL Class: CLASS III Special Drainage District: NA Total Acres Wetland Onsite: Total Acres Wetiand Preserved Onsite: Total Acres Impacted Onsite : Total Acres PresvlMit Compensation Onsite: Total Acres PresvlMit Compensation Offstte: Conservation Easement To District : Yes Sovereign Submerged Lands: No 533.10 253.04 280.06 284.41 154.00 PROJECT PURPOSE: This application is a request for a modification to an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving a 639.213 -acre residential development, part of the 646.49 -acre project known as Saturnia Falls (FKA Terafina PUD). in addition, the applicant is requesting Conceptual Approval of a surface water management system serving the remaining 7.21 -acre recreational area, with discharge Into Cocohatches Canal via onsite and offsite wetlands and a 48" drainage outfail pipe. Apn.no.: 06o713 -9 Page 1 of 24 Agenda Item No. 8G January 23, 2007 Page 231 of 516 _qrp staff report.rdf PROJECT EVAi.,UATION: PROJECT SITE DESCRIPTION: The project site is located a mile north of Immokalee Road, approximately 2 miles east of 1 -75 and lies near the Corkscrew Regional Ecosystem Watershed (CREW) lands. Location maps are attached as Exhibits 1.0 and I.I. The entire project site consists of 646.49 acres. Since the site Is relatively fiat, much of the site contains standing water during, and for several months following the end of the rainy season. A large portion of the site is part of or contiguous to a wetland slough system extending to the north and northeast to the Corkscrew Swamp and to the south and southeast to the Cocohatchee Canal. PROJECT BACKGROUND: An Individual Environmental Resource Permit was Issued by the Governing Board in May 2002 for this site known at the time as Wildewood Lakes, authorizing the Construction and Operation of a surface water management system to serve a 436.10 acre residential and golf course development within a 646.50 acre parcel. The applicant was Robert Vocisano. The application associated with that permit was originally dented by the Governing Board In December 1998 after the applicant Indicated that all requested information had been supplied and requested final agency action In accordance with Section 373.4141 F.S. The applicant then elected to pursue mediation through the process outlined in Section 120.573 F.S. After three years, the applicant provided the necessary Information to address staffs concerns and the application was submitted to the Governing Board with a recommendation for approval in 2002. For purposes of this staff report, the permit issued on April 11, 2002 will be referred to as the April 2002 permit. On September 5, 2002 a letter modification was issued to modify the work schedule and mitigation payment requirements. A General Environmental Resource Permit modification was issued in August 2003 to authorize Construction and Operation of a surface water management system to serve 9.70 acres of roadway improvements known as Logan Boulevard Extension, which lies within the western 80 ft. of the property. On April 2, 2003, a letter modification was Issued to modify the work schedule and mitigation payment requirements. On March 10, 2004, the Governing Board approved an Environmental Resource Permit modification to authorize the Construction and Operation of a surface water management system to serve a 421.40 acre residential development within a 646.50 acre parcel known as Terafina PUD, with discharge to the Cocohatchee Canal via an conveyance channeVflow -way known as the Mirasol Flow -way along the ondition No. 18 of the March 2004 Permit required construction of the eastern side of the project. Special C flow -way and associated control structures to be completed prior to any construction within the development site. The flow -way and associated control structures and surface water management system were never constructed. For purposes of this staff report, the permit issued on March 10, 2004 will be referred to the March 2004 permit. On February 9, 2004 a letter modification was issued to extend the time deadline for submittal of the required mitigation payment. That payment has since been made to purchase CREW lands. A letter modification was issued on October 5, 2006 authorizing installation of a 48" reinforced concrete drainage outfall PiPS within the limits of the Logan Boulevard right- of-way to convey the discharge from the -- Saturnia Falls (Teraflna PUD) project to the Cocohatchee Canal. PROPOSED PROJECT: App.no.: 000793.8 Page 2 of 24 erp_staf sport.rdf Agenda Item No. 8G January 23, 2007 Page 232 of 516 This application is a proposal to modify the residential project permitted in the March 2004 Permit. The development site will consist of single - family residential areas, recreation area and Internal roadways. This application modifies the March 2004 Permit by removing the flowway from the east preserve area and proposing a revised surface water management system (SWMS). The remainder of the site plan including road alignments, type and number of houses, lots, takes and grading information, wetland impacts and mitigation remain consistent with the March 2004 Permit, however runoff from Logan Boulevard, along the western boundary of the project site will not be directed to the Satumia Falls water managment system. The March 2004 Permit did Include runoff from Logan Boulevard. Presently, the surface water management system for Parklands Collier, 11. 02231 -P, Is to be modified to accept the runoff from Logan Boulevard. THE MODIFIED SURFACE WATER MANAGEMENT SYSTEM: The surface water management system (SWMS) is proposed to be modified in this application. The modification proposes an alternate surface water management system to serve the 397.46 acres of residential development. The SWMS consists of eleven (11) Interconnected takes, lake interconnects, catch basins, collection culverts, and two (2) operable control structures. The maintenance of the operable control structures shall be conducted In accordance with Special Condition 3 and a Control Stucture Agreement to be finalized prior to any work on the site. The operation of the operable control structures shall be in accordance with Special Condition 3 and Exhibit 2.17. The design of the SWMS allows runoff from the east preserve area, part of the existing wetlands slough system, to enter the SWMS when the water levels exceed elevation 14.20 ft NGVD. This elevation represents the current wet season inundation level present on the east boundary of the property. The modified SWMS consists of eleven (11) controlled sub - basins and the southeast preserved area with a total area of 397.46 acres. Stormwater runoff within each sub -basin shall be collected in catch basins via sheet flow, curb and gutter and directed to the interconnected wet detention lake system prior to discharging to Cocohatchee Canal through the operable control structures: WCS -1 and WCS -2. Control Structure WCS -1 Is located in Lake 4 discharging to Cocahatchee Canal via a 48" RCP drainage outfall under Logan Boulevard. Control Structure WCS -2 is located In the east berm adjacent to the wetlands slough and discharges directly to the slough. The design criteria of the operable control structures are discussed In the following paragraphs. The inter - connected wet detention lakes provide the required water quality treatment and attenuation during the 26 year - 3 day storm event. The required water quality treatment volume for this project is based on the first Inch (1 ") of runoff within the developed area with an additional 60% water quality treatment. To be consistent with the hydroperiod of the wetlands slough located to the east of the project site during dry season/ low flow conditions and to provide flood storage In order to reduce upstream and downstream flood stages in the slough during wet season/ high flow conditions, the operable control structures are scheduled based on the water levels in the wetlands slough. Hydrologic model HEC -HMS and hydraulic model HEC -RAS were used to provide a simulation of flood waves propagating through the wetlands slough. The model's upstream and downstream boundary conditions were established by existing studies, including Tomasello Consulting Engineers' SHEET21) model results (Tomasello, 2006) and the Big Cypress Basin's Cocohatchee Canal Phase 4 Improvements (Feng, 1999). The hydraulic models indicate that during the 25 year - 3 day storm event the water level in the slough fluctuates between 13.40 ft NGVD to 15.31 ft NGVD. This Information was used as the tallwater conditions for the design of the SWMS. The model results also indicate that the water level in the slough is below elevation 14.00 ft NGVD approximately 70% of the year. During dry season / and the beginning of a wet period conditions (the water level In the slough is below elevation 14.00 ft NGVD), the SWMS shall discharge to the slough through Control Structure WCS -2 fitted with an operable bleeder at the control elevation of 13.40 ft NGVD and a fixed discharge V -Notch weir at a crest elevation 14.20 ft NGVD. This discharge will flow southerly through the existing wetland slough to the Cocohatchee Canal. Control Structure WCS -1 will be closed during these periods and there will be no App.no.: 060713 -0 Page 3 of 24 Agenda Item No. 8G January 23, 2007 Page 233 of 516 ^o_staff report.rdf offsite discharge to the 48 -inch diameter pipe in Logan Boulevard Right -of -Way through Control Structure WCS -1. The maximum discharge rate under these conditions is 15.28 cfs and will occur to the slough. Based on the slough's hydraulic model results, operation under this condition shall occur approximately 70% of the time on an annual basis. During the wet season 1 high flow conditions (the water level in the slough is above elevation 14.00 ft NGVD, the SWMS shall discharge predominately to Cocohatchee Canal. When the water level In the slough reaches 14.00 feet NGVD, the operable bleeder in Control Structure WCS -2 will close and the operable bleederldiischarge structure on Control Structure WCS -1 will open. During the 25 year -3 day storm, the maximum discharge rate of 13.50 cfs through Control Structure WCS -1, will occur to the 48" RCP drainage outfall under the Logan Boulevard right -of -way, via the bleederldischarge structure with a control elevation of 13.40 feet NGVD. During these conditions, discharge will also occur through the fixed discharge structure on Control Structure WCS -2 with a maximum value of 2.10 cfs. The total discharge rate during the operation In this condition is 15.61 cfs. This discharge Is also directed to the Cocohatchee Canal. To transition from Control Structure WCS -1 being open and the bleeder in Control Structure WCS -2 being closed to the reverse condition the water level in the slough at the outfall of Control Structure WCS -2 must be at an elevation of 13.7' NGVD and receeding. As described in the portion of the hydraulic model of the wetland slough system, during the 25 year - 3 day ry~ storm event, the water level in the slough fluctuates from 13.44 ft NGVD to 15.31 ft NGVD. When the water level In the slough is higher than the elevation 14.20 ft NGVD and the water level in the SWMS lower than the elevation 14.20 ft NGVD, runoff from the slough shall enter Into the SWMS through the 60 degree V -Notch weir, part of Control Structure WCS -2. The SWMS is designed to receive runoff from the slough to provide additional flood storage to maintain I reduce upstream and downstream flood stages in the slough during wet season / high flow conditions. Stormwater runoff from the slough shall be routed to the SWMS and discharges through Control Structure WCS -1, conveying the discharge directly to Cocohatchee Canal, In consideration of the proposed project, the applicant provided an analysis to evaluate the effects of the proposed project on the slough stage levels. The analysis included an evaluation of inundation levels during the 25 year - 3 day storm event and the 100 year - 3 day storm event. The analysis compares the existing conditions and proposed conditions with the effects of wetlands restoration in specific locations as a mitigation strategy. This approach requires removal of exotic vegetation as specified In the mitigation plan to achieve the conveyance designed into the hydrologic analysis of this application and maintain this condition into perpetuity. The results from the analysis ensure that stages during both the 25 year - 3 day storm event and 100 year - 3 day storm event, at both the project site and adjacent locations will not stage higher than existing conditions. In addition to the above considerations, the applicant for the Mirasol project (Permit No. 11- 02031 -P Application No. 060524 -2) analyzed the runoff into the Cocohatchee Canal from the slough system located east of this site. That analysis was used in the design of this project (Tomasello, 2006) included not only evaluations of inundation levels but also total flows into the Cocohatchee Canal. The area evaluated was bounded on tho south by the Cocohatchee Canal and Included the study area used in both the South Lee County Watershed Plan study and the BCB Cocohatchee Canal study. During the 25 year - 3 day event, the existing discharge to the Cocohatchee Canal is 553 cfs, based on the hydrologic analysis provided on the Mirasol Application. The proposed Mirasol Application resulted in a total of 529 cfs entering the Cocohatchee Canal from the combined slough system and Mirasol pass - through system. Under this application, the resultant conditions would result in an additional 13.50 cfs being directed to the Cocohatchee Canal under the Logan Boulevard right -of -way. This results in a total post development flow to the Cocohatchee Canal of 542.50 cfs, 10.50 cfs less than the existing pre - development discharge for the area. App.no. ' 060713 -9 Page 4 of 24 Agenda Item No. 8G January 23, 2007 Page 234 of 516 erp_staff report.rdf LAND USE: A. The land use category "Other" totaling 249.03 acres represent areas which are not part of controlled drainage basins. This land use category can be broken down as follows: Al. East Preserved Area - 210.42 acres A2. East Buffer - 5.17 acres A3. East Riprap -1.14 acres A4. North Preserved Area - 28.12 acres A5. North Right -of -way - 4.18 acres B. The land use category "Preserved" totaling 38.99 acres represents preserved areas which are part of controlled drainage basins. This land use category can be broken down as follows: i31. South Preserved area - 25.97 acres B2. Southeast Preserved Area -4.19 acres B3. Wildlife Corridor - 8.83 acres C. This phase of construction does not include the improvements within the 7.21 -acre recreational site (requested for Conceptual Approval). Conceptual: Area (ac) Basin Site Building Coverage .91 Pervious 3.17 Impervious 3.13 Total: 7.21 Construction: Project: This Phase Total Project Building Coverage 73.74 74.65 acres Impervious 45.00 49.13 acres Lake 86.94 86.94 acres Other 249.03 249.03 acres Pervious 144.58 147.75 acres Preserved 38.99 38.99 acres Total: 639.28 646.49 Basin : SITE Building Coverage Impervious This Phase 73.74 46.00 App.no.: 060713 -9 Page 5 of 24 Total Basin 74.65 acres 49.13 acres grp_staff report.rdf Basin : SITE This Phase Lake 86.94 Pervious 144.58 Preserved 38.99 'total: 390.25 WATER QUANTITY' Total Basin 86.94 acres 147.75 acres 39.99 acres 397.46 Agenda Item No. 8G January 23, 2007 Page 235 of 516 Discharge Rate: The proposed development's discharge rate is within the allowable discharge rate previously permitted day 0.04 event was based on the he C cohatchee Canal Planallowable and Collier Corny rate Ordinance 90-10. year • 3 As shown In the table below, the peak discharge from the project is 15.61 cfs and it is within the allowable discharge rate 15.90 cfs. Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 11.1 inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) (ft, NGVD) SITE 15.9 Previously Permitted 15.61 15.38 Finished Floors: Building Storm Frequency. 140 YEAR-3 DAY Design Rainfall : 13.3 Inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation (ft NGVD) (ft, NGVD) (ft, NGVD) SITE 16.05 16.8 NIA Road Design : Road Storm Frequency, 25 YEAR -3 DAY Design Rainfall: 11.1 inches Peak Stage Proposed Min. Road Crown Basin (ft, NGVD) (ft, NGVD) SITE 15.38 15.7 Parking Lot Design : Parking Lot Storm Frequency: 25 YEAR -3 DAY Basin Peak Stage ( ft, NGVD) Appma.: 060713 -8 Page 8 of 24 Design Rainfall 11.1 inches Proposed MIn.Parking Elev. (ft, NGVD) Agenda Item No. 8G January 23, 2007 Page 236 of 516 erp_staff report.rdf Flood Plain /Compensating Storage: In the existing conditions, the project site provides historic storage for runoff from the eastern part of Lee and Collier Counties during the middle to latter part of the normal rainy season. Inundation in this area is due to a number of factors including the restriction in the natural slough conveyance system through reduction in width, development to the west and an Invasion of exotic species in the slough. As the wet season progresses, the dense exotic vegetation impedes the conveyance of flow and the resulting elevated water stages Inundate properties adjacent to the wetlands. With the onset of the dry season, the slough recedes quickly as water table elevations drop. To analyze impacts to the existing conditions, the applicant provided an analysis to evaluate the effects of the proposed project on the slough stage levels. Hydrologic model HEC -HMS and hydraulic model HEC- RAS were used to provide a simulation of flood waves propagating through the wetlands slough. The model's upstream and downstream boundary conditions were established by existing studies, Including Tomasello Consulting Engineers' SHEET2D model results (Tomasello, 2006) and the Big Cypress Basin's Cocohatchee Canal Phase 4 Improvements (Feng, 1999). The analysis included an evaluation of inundation levels during the 25 year - 3 day storm event and the 100 year - 3 day storm event. The analysis compares the existing conditions and proposed conditions with the effects of wetlands restoration in specific locations as a mitigation strategy. This approach requires removal of exotic vegetation as specified In the mitigation plan to achieve the conveyance designed Into the hydrologic analysis of this application and maintain this condition into perpetuity. The results from the analysis ensure that stages during both the 25 year - 3 day storm event and 100 year - 3 day storm event, at both the project site and adjacent locations will not stage higher than existing conditions. Control Elevation : Basin Area Ctri Elev WSWT Ctrl Elev Method Of (Acres) (ft, NGVD) (ft, NGVD) Determination SITE Receiving Body: 397.46 13.4 13.40 Previously Permitted Basin Str.# Receiving Body Site WCS -1 COCOHATCHEE CANAL (LOGAN BLVD OUTFALL) Site WCS -2 ONSITE AND OFFSITE WETLANDS Discharge Structures: Note: The units for all the elevation values of structures are (it, NGVD) Bleeders: Basin Str# Count Type Width Height Length Die. Invert invert EleN Angle SITE WCS -1 1 Rectangular Notch 6' 35' 13.4 SITE WCS -2 1 Rectangular Notch 6' 35' 13,4 Culverts: Basin Str# Count Type Width Length Die, SITE WCS -1 1 Reinforced Concrete Pipe 6500' 48" Inlets: Basin Str# Count Type Width Length Die. Crest Elev. SITE WCS -1 1 inlet 10.33' 12' 1B Weirs: Basin Str# Count Type Width Height Length Die. Elev. App.no.: 060713 -9 Page 7 of 24 Agenda Item No. 8G January 23, 2007 Page 237 of 516 --orp staff_rsport.rdf Discharge Structur: es: Weirs: 15.36 (crest) SITE WCS -1 1 Sharp Crested 9' 15,4 cresk SITE WCS -2 1 Sharp Crested 20' 14.2 (crest] SITE WCS -2 1 V -Notch 1.39' 1.2' WATER QUALITY: As shown in the table below, the proposed surface water management system provides the water quality volume 49.68 ac -ft, based on the first Inch (1 ") of runoff within the developed area with an additional 50% of water quality treatment. The Cocohatchee Canal has been listed as an Impaired water body by the Florida Department of Environmental Protection (DEP) for Dissolved Oxygen (DO) and iron (Fe). After review of the submitted Information, staff has concluded that the proposed project will not contribute to the canal's water quality Impairment. Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality. Construction and daily operation of the project shall be conducted in accordance with Special Conditions No. 20.21 and Exhibits No. 2.21 and 4.0.4.6 which are Incorporated by reference and shall be retained in the permit file, Accordingly, no adverse water quality impacts are anticipated to result from this project. Basin Treatment Method Vol Req -d Vol Prov'd (ac -ft) (ac -ft) SITE Treatment Wet Detention 49.68 49.66 WETLANDS: The site contains 533.1 acres of wetlands, with the remaining areas being upland communities. The wetlands are primarily hydric pine systems infested to a large degree by melaleuca. The upland communities are primarily located along the western property boundary with a few scattered upland islands located throughout the site. The onsite uplands are high quality areas dominated by a canopy of slash pines with a strong saw palmetto understory. In addition, the uplands Include cabbage palms, wax myrtle and scattered Dahoon holly. Mitigation Proposal: APRIL 2002 PERMIT (WILDEWOOD LAKES): The mitigation to offset the proposed 273.13 acres of direct wetland impacts Involved both onsite mitigation and offsite mitigation. The onsite mitigation proposal consisted of the enhancement of 250.10 acres of wetlands and preservation of 29.15 acres of uplands. All wetland and upland preserves, including the 11.95 acres of connector preserves, were to be enhanced by the removal of exotic and nuisance vegetation, with supplemental plantings where necessary In accordance with the mitigation plan. The connector preserves were not included in the mitigation analysis for offsetting wetland impacts on Wildewood Lake. All wetland and upland preserves were to be placed under a conservation easement. The offslte mitigation proposal consisted of the transfer of funds to the District specifically for the purchase of 154 acres (which equates to 25.67 credits) of land within CREW, a project within the District's Save Our App.no.: 080713 -9 Page 8 of 24 erp staff report.rdf Rivers Program, Agenda Item No. 8G January 23, 2007 Page 238 of 516 For the CREW mitigation, in addition to the purchase of the land, the applicant was obligated to provide funds to cover restoration and long -term management costs of activities such as exotic removal, prescribed burning, etc. The permittee provided a draft letter of credit as financial assurances that the mitigation, monitoring and maintenance work would be conducted as permitted. Detailed mitigation, monitoring and maintenance plans can be found on Exhibits 25-.70 of the April 2002 permit. MARCH 2004 PERMIT (TERAFiNA PUD): The following mitigation plan was proposed to offset the proposed 280.06 acres of direct wetland impacts The onsite mitigation consisted of the preservation and enhancement of 253.04 acres of wetlands, preservation of 31.27 acres of uplands, and creation of 0.1 acre of wetlands. The wetland enhancement Included hand removal of exotics, regrading and replanting within the proposed flow -way, and buffers along the flow -way. The grading plan for this area included the establishment of four marshes for wading bird foraging habitat. The locations of these areas were shown on Sheet E -7 of the environmental plan attached as Exhibit 3.6 of the March 2004 staff report. in addition, 23.5 acres of flow -way conveyance were to be constructed pursuant to the March 2004 permit. It should be noted that the onsite mitigation acreage listed in the April 2002 Permit was revised with the March 2004 permit due to more accurate AutoCAD measurements. The revisions resulted in the permitted preserve areas (mitigation and flow -way) being adjusted to 284.44 acres in the March 2004 Permit. The location of the onsite mitigation was shown on Sheet E -5 of the environmental plan as Exhibit 3.4 of the March 2004 Permit staff report. A revlsed /monitoring /maintenance plan was attached as Exhibit 3.7a - 3.7f of that staff report. The wetland plan included the establishment of flve interconnected preserves within the western portion of the development, a habitat buffer along the north property line, 210 acres associated with the flow -way on the eastern third of the property, and a created upland buffer between the development and the flow -way. The five interconnected preserves located within the Interior of the development plan included both upland and wetland habitats. The five preserves were to be interconnected by box culverts under the proposed roads. These box culverts were designed to provide wildlife crossings to facilitate wildlife movement between preserve areas. The five preserves were connected to the 210 acre flow -way on the eastern third of the property. All wetland and upland preserves were to be placed under a conservation easement as Exhibit 3.8a - 3.8g of that staff report (March 2004 Permit). CURRENT STATUS OF MITIGATION: In June 2004, the applicant submitted $1,260,798.00 as funding for the off -site mitigation in CREW. As a result, the applicant has provided a substantial amount of up -front mitigation for the proposed wetland Impacts. A baseline monitoring report for the on -site mitigation was also submitted in September, 2004. THIS PROPOSED MODIFICATION(SATURNIA FALLS fka TERAFiNA PUD): The total area designated as mitigation In the current modification will remain unchanged from the March 2004 Permit (284.41 acres). These areas are designated as follows: - 146.32 acres Wetland enhancement through hand removal of exotics - 104.24 acres Wetland enhancement through mechanical removal of exotics, grading to wetland App.no.: 060713 -9 Page 9 of 24 Agenda Item No. 8G January 23, 2007 Page 239 of 516 ---p swff_report.rdf elevations and planting with native vagetation 0.10 acre Wetland creationlrestoration from uplands - 2.48 acres Enhancement of the preserve slough buffer - 31.27 acres Upland Preservation - 284.41 acres Total The wetland enhancement areas that require mechanical removal of exotic vegetation, site grading and replanting are those areas where the existing coverage of exotic plant species range between 75% and 1oncencation of prey for 1 and wading birds in conjunction with seasonal fluctuatios varying water levels allow (s a Exhibit con p 3.4). The proposed modification also includes an updated monitoring and maintenance schedule, conservation easement, and financial assurance. All other elements of the mitigation plan remain as previously permitted (see Exhibits 3.1 through 3A). The proposed plan for the onsite mitigation areas In the current modification no longer Includes area prev iously of a flow-way within the mitigation: area. As part of the proposed modification, t designated as a flow -way will be placed under a conservation easement and the exotic plant species will be removed in accordance with Exhibit 3.4A, However, the previously designated flow -way area will not be counted toward any mitigation credlt for the proposed project. The proposed modification of the surface water management system to eliminate the flow -way will not adversely affect the mitigation area. As described in the Proposed Project narrative, outfall of surface water runoff to the Logan Blvd outfall wilt occur in accordance with the operating schedule of the outfall structures. This will occur when the mitigation area can no longer receive runoff due to the water level within the wetlands. This change is necessitated due to the elimination of the proposed flow -way excavation. During the dry season and portions of the wet season, the site will discharge exclusively to the mitigation areas, insuring appropriate hydrology for wading bird foraging and other functions. When water levels are high enough for water discharge from the site toward Logan Blvd, the wetlands within the mitigation area will not need additional water to support these functions. Wetland Inventory: The Impacts and mitigation for this project were previously reported, with the March 2004 Permit, and are not being reported again to FDEP with this application. App.no.: 060713 -9 Page 10 of 24 erp staff reportrdf Wetland Inventory: CONSTRUCTION MOD -CREW Agenda Item No. 8G January 23, 2007 Page 240 of 516 Site 81te site 411 Pine Flatwoods - Hydric 411 Id T Pro-Development Id Post - Development Pre Flue AA Acreage Current With Time Risk Add, Post Adj Functional es Type (Acres) yyo pr" Project Lag (Yrs) Factor Factor Fluccs Delta Gain ! Loss 1 OFF 825 Enhancement 154.00 With Pros. Time Risk Adj. Post Adj Functional Total: 154.00 cs Wetland Inventory: CONSTRUCTION MOD - Satumia Fails (fka Terafina PUDI site site 411 Pine Flatwoods - Hydric 411 Pine Flatwoods - Upland Id Type 424 Pre - Development 610 Post - Development Forests 625 Pro Flue 641 Acreage Current With Pros. Time Risk Adj. Post Adj Functional Melaleuca cs Type (Acres) Wo Pre$ Project Lag (Yrs) Factor Factor Fluccs Delta Galn 1 Lost CRT ON 424 Rastoration/Creation AD ENH ON SAC Enhancement 253.04 IMP ON 810 Direct 279.25 .000 000 IMP2 ON 641 Direct .61 .000 .000 UPL ON 411 Preservation 31.27 Total,. 564.47 00 Fluccs Code Descrietion 411 Pine Flatwoods 411 Pine Flatwoods - Hydric 411 Pine Flatwoods - Upland 424 Melaleuca- Upland 424 Melaleuca- Wetland 610 Wetland Hardwood Forests 625 Hydric Pine Flatwoods 641 Freshwater Marshes SAC Cypres - Pine - Melaleuca Endangered Species: This project contains potential habitat for listed wetland- dependent wildlife species such as the Florida panther (Puma concolor coryi), wood stork (Myoteria americana), Big Cypress fox squirrel, little blue heron, and red- cockaded woodpecker. The current modification includes the previously permitted mitigation plan whlch includes compensation for Impacts to both woodstork and panther habitats. The onsite mitigation plan includes 253.04 acres of App.no.: 080713 -9 Page 11 of 24 Agenda Item No. 8G January 23, 2007 Page 241 of 516 erp staff report.rdf wetland enhancement and 0.1 acre of wetland restoration /creation. In addition, the current modification Includes a proposal to conduct mechanical clearing of exotic plant species and site grading to wetland elevations along with planting of native vegetation within 104.24 acres of the onslte mitigation areas. These areas will be graded to varying depths to allow the concentration of prey for wading birds during various times of the year in conjunction with seasonal fluctuations in water levels. The offsite mitigation plan Included the purchase of 164 acres of wetlands within the CREW program. This mitigation has already been completed. In addition, the U.S. Army Corps of Engineers Issued a permit on June 2, 2006 that required the purchase of 107 acres of wetlands and uplands in Hendry County to offset the potential impacts associated with the direct loss of wildlife habitat for the panther and woodstork. While this additional requirement is not a condition of this permit modirication, this permit does not relieve the applicant from complying with all applicable rules and any other agencies, requirements and ensuring that listed wildlife species are not adversely impacted as result of this project. A copy of the U.S. Army Corps of Engineers permit and the associated biological opinion from the U.S. Fish and Wildlife Service is located in the permit file. As part of the April 2002 Permit review, a red cockaded woodpecker survey was conducted by staff from Florida Fish and Wildlife Conservation Commission (FWC). No additional RCW surveys were requested by FWC at that time, in addition, a Big Cypress Fox Squirrel Habitat Management Plan was submitted at the time of the review of the April 2002 Permit. No written comments from FWC have been submitted to the District concerning the project except in relation to the previously proposed flow -way preserves, The FWC had previously requested that a wildlife management plan be coordinated for all of the flow way preserves associated with Mirasol, aide Cypress Golf Club and Wildewood Lakes (now known as Saturnia Falls). Since the flaw -way Is no longer proposed, no additional wildlife management plan submittals are required in the current modification. Spades _ potential Occurence Use Types Big Cypress Fox Squirrel Preferred Habitat Preferred Habitat Florida Panther Known Range Red Cockaded Woodpecker Preferred Habitat Wood Stork Preferred Habitat LEGAL ISSUES: The surface water management system will be operated and maintained by the Saturnta Falls Homeowners Association, Inc. However, the operable control structures WCS -1 and WCS -2 will be operated by the SFWMD /Big Cypress Basin (BCB). The draft Control Structure Agreement between the South Florida Water Management District/ Big Cypress Basin and G.L. Homes of Naples Associates it, LTD and Satumia Falls Homeowners Association, inc. is attached as Exhibits No. 5.00 -5.06. Pursuant to Special Condition Number 3, no work will commence on the project site until the Control Structure Agreement is fully executed and approved by the District Governing Board. The applicant has submitted a fully executed draft conservation easement (Exhibit 3.6) and performance bond (Exhibit 3.6). The conservation easement area is described In a legal description of the mitigation area. The conservation easement also includes the area previously designated as the flow -way (Exhibit 3.6, pages 9 through 18). However, due to errors In surveying, the submitted legal descriptions do not currently Include the required buffer areas for the preserved wetlands. Pursuant to Special Condition Number Number 36, prior to recording the easement and prior to the commencement of any construction on the project site, the applicant will submit revised conservation easement legal descriptions and sketches of legal descriptions, that Include the entire 2134.41 acres of mitigation area (Exhibit 3.6, page 41 of 41). App.no. ; 060713-8 Page 12 of 24 erp staff_repDrt.rdf Agenda Item No. 8G January 23, 2007 Page 242 of 516 CERTIFICATION AND MAINTENANCE OF THE WATER MANAGEMENT SYSTEM: it is suggested that the permittee retain the services of a Professional Engineer registered In the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E- 4.361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E- 4.324(7) F,A.C. states that failure to complete construction of the SWM system end obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1,6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system Is periodically maintained. A significant reduction In flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies In a timely manner. App.no.: O60713 -9 Page 13 of 24 Agenda Item No. 8G January 23, 2007 Page 243 of 516 erp staff_repod.rdf RELATED CONCERNS: CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Water Use Permit Status: Water Use permit No. 11. 02053 -W, initially authorized on April 11, 2002 for the W ildewood Lakes project In accordance with Application No. 001216 -25 and modified by letter on March 24, 2004 for the Terefina project in accordance with Application No. 030820 -4, expired on February 28, 2005. The applicant proposes to withdraw irrigation water from two wells from the avower Tamlami Aquifer under Water Use Permit No. 11- 02053 -W. Water Use Permit Application No. 060810.5 has been submitted and Is being processed concurrently with this project. The applicant has indicated that dewatering is required for construction of this project and will be conducted under the existing Water Use Permit No. 11- 02052 -W, with an expiration date of May 9, 2007. A special condition has been added to insure that no dewatering activities may occur past that date without additional dewatering authorization (see Special Condition 19 and Mitigation Work Schedule). This permit does not release the permittee from obtalning all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and Irrigation, unless the work qualifies for a No- Notice Short -Term Dewatering permit pursuant to Chapter 40E- 20.302(3) or is exempt pursuant to Section 40E- 2.061, FAC. Potable Water Supplier: Collier County Utilities Waste Water SystemlSuppller: Collier County Utilities Right -Of -Way Permit Status: Flight -of -way Permit Application No. 06.0609 -1 has been submitted to the Sig Cypress Basin Service Center and reviewed concurrently with this application for construction activities within the District's right- of-way and discharging into Cocohatchee Canal. No work shall occur within the District's right -of -way until the right -of -way occupancy permit Is obtained authorizing the proposed work in the District's right -of -way (see Special Condition 16). DRi Status: This project is not a DRI. HistortcallArcheologicai Resources: The during s ithe processing of the previous Florida Department of State, for this site Division of that Historical R has no objections to the issuance of the permit. DCAlCZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Environmental Protection or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. App.no- : 080713 -9 Page 14 of 24 Agenda Item No. 8G January 23, 2007 Page 244 of 516 erp staff report.rdf Third Party Interest: Several individuals representing environmental organizations have expressed concern over wetland impacts and water quality associated with permitted projects in this vicinity. A Professional Engineer representing a private third party requested to receive copies of correspondence and the staff report. These above - listed individuals are Included in the distribution list for this staff report. Pollutant Loading calculations submitted with the application and reviewed by staff appear to be consistent with the information in the September 2003 Evaluation of Alternative Stormwater Regulations for Southwest Florida report which demonstrate the surface water management system reduces the post- development loadings of storm water nutrients to levels equal to or less than the loadings generated under pre - development conditions. Enforcement: There has been no enforcement activity associated with this application. APP-no.: 060713 -8 Page 15 of 24 Agenda Item No. 8G January 23, 2007 Page 245 of 516 grp_staff_report.rdf STAFF RECOMMENDATION: The Stall recommends that the following be issued: Modification of Environmental Resource Permit No. 11- 02055 -P to authorize Construction and Operation of a surface water management system serving a 639.28 -acre residential development, part of the 646.49 -acre project known as Satumia Fails (FKA Teratina PUD) and Conceptual Authorization of a surface water management system serving the remaining 7.21 -acre recreational area, with discharge to the Cocohatchee Canal via onsite and offsite wetlands and a 48" drainage outfali pipe. Based on the information provided, District rules have been adhered to. staff recommendation is for approval subject to the attached General and Speciai Conditions, STAFF REVIEW: NATURAL. RESOURCE MANAGEMENT DIVISION APPROVAL ENVIRONMENTAL EVAL N Edward Cronyn DIVISION DIRECTOR Anita R. Bain SUpERV R Edward Cronyn DRS subject M WDUr" "in B.16 AppWoval DATE:_ SURFACE WATER MANAGEMENT DIVISION APPROVAL GINf:ERIN EYAI,UA710N Pakorn Sutltarnnontr, P.E. Page 98 of 24 App.no.: 0607138 DATE:.I%f erp staff report.rdf GENERAL CONDITIONS Agenda item No. 8G January 23, 2007 Page 246 of 516 I. All activities authorized by this permit shall be Implemented as set forth In the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373, F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shalt be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit, 3. Activities approved by €his permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be Installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described In Chapter 6 of the Florida i_and Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1588), Incorporated by reference in Rule 4017- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is Issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction wilt exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other Individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource /Surface Water Management permit Construction Completion Certification - For Projects Permitted prior to October 3, 4995 Form No. 0881B, incorfiorated by reference In Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be In compliance with the permitted plans and specifications; and the entity App,no.: 060713.9 Page 17 of 24 erp_staif report.rdf GENERAL CONDITIONS Agenda Item No. 8G January 23, 2007 Page 247 of 516 approved by the District in accordance with Sections 8.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity If different from the permittee. Until the permit Is transferred pursuant to Section 4012-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 6. Each phase or Independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction In order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, Whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entitles. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification Is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does It authorize any entrance upon or activities on property which Is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E -40, F,A.C.. 12. The permittee Is hereby advised that Section 253,77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested In the Board of Trustees of the internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 401=- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. App,no.: 080713 -9 Page 18 of 24 erp staftreport.rdf GENERAL CONDITIONS Agenda Item No. 8G January 23, 2007 Page 248 of 516 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, Including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any vioiatlons prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 1$. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall Immediately notify the appropriate District service center. 19. The permittee shall Immediately notify the District in writing of any previously submitted Information that is later discovered to be inaccurate. App.no.: O60713 -9 Page 19 of 24 erp staH_report.rd1` SPECIAL CONDITIONS Agenda Item No. 8G January 23, 2007 Page 249 of 516 1. The conceptual phase of this permit shall expire on November 9, 2008. The construction phase of this permit shall expire on November 9, 2011. 2. Operation of the surface water management system shaft be the responsibility of SATURNiA FALLS HOMEOWNERS ASSOCIATION, INC. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of Incorporation, and a copy of the certificate of Incorporation for the association. 3. Operable structures 'JUGS -1 and WCS -2 shall be maintained by the Saturnia Faits Homeowners Association, inc. in accordance with Exhibits 5.00. 5.06 and operated by Big Cypress Basin (BCB) Service Center in accordance with Exhibits 2.17 and 5.00 - 5.06. No work shall occur on the project site until a Control Structure Agreement between SFWMD1Big Cypress Basin, G.L. Homes of Naples Associates 11, Inc. and the Satumis Falls Homeowner's Association, Inc. regarding the operation and maintenance of the structures Is fully executed and approved by the District's Governing Board. 4. Discharge Facilities: Structure: WCSA 1 - 9.00' WIDE BROAD CRESTED weir with crest at elev. 15.36' NGVD. 1 - 6.00'W X 0.35' H RECTANGULAR NOTCH with invert at elev. 13.40'NGVD. 6,500 LF of 48" dia. REINFORCED CONCRETE PiPE culvert. 1 - 10.33' W X 12.00' L drop inlet with crest at siev. 18.00'NGVD. Receiving body: COCOHATCHEE CANAL (LOGAN BLVD OUTFALL) Control elev: 13.40 feet NGVD. Structure: WCS -2 1 -1.39' W X 1.20' H 60 degree V -NOTCH weir with crest at Slay. 14.20' NGVD. 1 - 20' WIDE BROAD CRESTED weir with crest at elev. 15,40' NGVD. 1 - 6.00' W X 0.35' H RECTANGULAR NOTCH with Invert at elev. 13.40'NGVD. Receiving body: ONSiTE AND OFFSiTE WETLANDS Control elev :13.40 feet NGVD. 5. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 6. Measures shall be taken during construction to Insure that sedimentation andlor turbidity violations do not occur in the receiving water. T. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system If such measures are shown to be necessary. 8. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 9. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 10. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. App.no.: 060713-9 Page 20 of 24 Agenda Item No. 8G January 23, 2007 Page 250 of 516 erp staff report.rdf SPECIAL CONDITIONS The location of the elevation reference must be noted on or with the certification report. 11. The permittee shall provide routine maintenance of all of the components of the surface water management system In order to remove all trapped sediments/debris. All materials shall be property disposed of as required by law. Failure to properly maintain the system may result In adverse flooding conditions. 12. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other Impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 13. Minimum building floor elevation: 16.60 feet NGVD. 14. Minimum road crown elevation; 15.70 feet NGVD. 15. Minimum parking tot elevation: 15.70 feet NGVD. 16. No work shall occur within the Cocohatches Canal right -of -way until ail necessary right -of -way occupancy permits are obtained authorizing the proposed work in the District's right-of-way. 17. Prior to any future construction of the area with conceptual authorization only, the permittee shalt apply for and receive a permit modification. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master surface water management system, including the land use and site grading assumptions. 18. A Water Use Permit for dewateriing activities must be obtained for dewatering beyond May 9, 2007. 19. The Permlttee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit No. 2.21) and on the applicable approved construction drawings for the duration of the projects construction activities. 20. The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program (Exhibit "E" of the Saturnia Falls Homeowners Association documents) for post construction activities. Exhibit "E" of the Saturnia Falls Homeowners Association documents, Urban Stormwater Management Program have been Included in this permit by reference as Exhibits fro. 4.0 -4,6. 21. Grading and structural buffers adjacent to the preserve areas, as shown on Exhibit 2, shall be maintained In perpetuity. 22. The successful completion of the mitigation plan is heavily dependent on proper site grading as shown on Exhibits 2 and 3.2. Therefore, prior to demobilizing equipment from the site and prior to planting, the permittee shall provide an as -built survey and schedule an inspection by District Environmental Resource Compliance staff to ensure that appropriate elevations and slopes have been achieved. 23. The wetland conservation areas, upland buffer zones, and upland preservation areas shown on Exhibits 2 and 3 may In no way be altered from their natural or permitted state. Activitles prohibited within the conservation areas include, but are not limited to: construction or placing of buildings on or above the ground; dumping or placing sail or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of exotic vegetation removal; excavation, dredging, or removal of soil materials; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation, 24. Wettand preservationimitigation areas, upland buffer zones and /or upland preservation areas shall be dedicated as conservation and common areas In the homeowner association documents as well as App.no.: 060713 -9 Page 21 of 24 erp staff raport.rdf SPECIAL CONDITIONS Agenda Item No. 8G January 23, 2007 Page 251 of 516 on the plat if the project will be platted. Restrictions for use of the conservationl common areas shall stipulate: The wetland preservation /mitigation areas, upland buffer zones, and /or upland preservation areas are hereby dedicated as conservation and common areas. The conservation/common areas shall be the perpetual responsibility of the homeowners association and may In no way be altered from their natural or permitted state as documented in Permit No. 11- 02055 -P from the South Florida Water Management District, with the exception of permitted restoration activities. ActMtles prohibited within the conservation areas Include, but are not limited to: construction or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of exoticinuisance vegetation removal: excavation, dredging, or removal of soil material; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. Copies of recorded documents shall be submitted to the District's Environmental Resource Compliance staff concurrently with engineering certlficatlon of construction completion. , 25. Prior to any construction, the permittee shall submit the executed agreement, Exhibit 6.00 - 5.06, that provides for operation of WCS 1 and 2 by the Big Cypress Basin. 26. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 27. Prior to the commencement of construction and in conformance with the work schedule in Exhibit 3.5, the permittee shall provide an original performance bond in the amount of $2,288,840.95 to ensure the permittee's tnancial ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibit Nos. 3.1 through 3.4. The performance band shall utilize the form attached as Exhibit No. 3.8. When a performance bond Is established, the permittee shall also establish a standby trust fund for deposit of ail payments under bond. The bond shalt remain in effect for the entire period of the mitigation and monitoring program. Notification of the District by the financial institution that the bond will not be renewed or is no longer in effect shall constitute non- compliance with the permit. 28. A monitoring program shall be implemented In accordance with Exhibit No. 3.3 and 3.4. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80 % survival of planted vegetation. The 80 % survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. if native wetland, transitional, and upland species do not achieve an 80 % coverage within the initial two years of the monitoring program, native species shall - be planted In accordance with the maintenance program. At the and of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 29, The areas to be temporarily disturbed by the installation of control structures in wetlands will be backfiiled and replanted in accordance with Exhibit No. 2 and 3 within 30 days of installation. Monitoring of temporary impact areas shall be done concurrently with other required monitoring for Satumia Faits, in accordance with Exhibits 3.3 through 3.5. 30. A mitigation program for Saturnla Falls shall be implemented in accordance with Exhibit No. 3.1 through 3.4. The permittee shall enhance and preserve 253.04 acres of wetlands, create 0.1 acre of wetlands, and preserve 31.27 acres of uplands. W. A maintenance program shall be implemented In accordance with Exhibit No. 34 for the mitigation areaslpreserves on a regular basis to ensure the integrity and viability of those areas as permitted. App.no.: 060713 -9 Page 22 of 24 erp staff rsport.rdf SPECIAL CONDITIONS Agenda Item No. 8G January 23, 2007 Page 252 of 516 Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also Insure that conservation areas, including buffers, maintain the species and coverage of native., desirable vegetation specified In the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. in addition, the permlttee shall manage the conservation areas such that exotic/nuisance plant species do not dominate any one section of those areas. 32. The District reserves the right to require remedial measures to be taken by the permittee If monitoring or other Information demonstrates that adverse impacts to onsite or offstte wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 33. Silt screens, hay bates, turbidity screens /barriers or other such sediment control measures shall be utilized during construction. The selected sediment control measure shall be installed landward of the upland buffer zones around all protected wetlands and shall be properly "trenched" etc, in accordance with Exhibit No. 2. All areas shall be stabilized and vegetated Immediately after construction to prevent erosion into the wetlands and upland buffer zones. 34. Activities associated with the implementation of the mitigation. monitoring and maintenance plan(s) shalt be completed in accordance with the worts schedule attached as Exhibit No. 3.5. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and /or completion dates; and (3) progress report on the status of the project development or mitigation effort. 35. A) Prior to the commencement of construction and prior to recording the conservation easement and in accordance with the work schedule shown as Exhibit 3,5, the permittee shall submit for review and approval, two (2) copies of the following: 1. Project map ldentifying conservation area(s) 2. Legal description of conservation area(s)Including wetlands, uplands and buffers 3. Sealed boundary survey of conservation area(s) by professional Land surveyor 4. Title Insurance commitment for conservation easement naming District as beneficiary using approved valuation. S. Formatting In accordance with paragraph F (below) if available. The above Information shall be submitted to the Environmental Compliance Enforcement staff In the District service center where the application was submitted. B) The real estate information referenced in paragraph (a) above shall be reviewed by the District in accordance with the District's real estate review requirements. The easement shall not be recorded until such approval is received. C) The permittee shalt record a conservation easement over the 284.41 acres of real property designated as a conservation /preservation/ mitigation areas on attached the Exhibit 3.6. The easement shalt be granted free of encumbrances or Interests which the District determines are contrary to the Intent of the easement. The conservation easement shall be granted to the District utilizing the form attached as Exhibit 3,6. Any proposed modifications to the approved form must receive prior written consent from the district. D) The permittee shall record the conservation easement in the public records within 14 days of receiving the District's approval of the real estate information. Upon recordation, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers and title insurance policy, to the Environmental Resource Compliance staff in the Appxto, : 060713 -9 Page 23 of 24 Agenda Item No. 8G January 23, 2007 Page 253 of 516 --- v statf .report.rdf SPECIAL, CONDITIONS District service center where the application was submitted. E) In the event the conservation easement real estate information reveals encumbrances or interests In the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. If such are not obtained, permittee shall be required to apply for a modification to the permit for alternative acceptable mitigation. F) The permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be In the Florida State Plane coordinate system, East Zone (3eo1) with a data datum of NA1383, NARK with the map units in feet. App,no.: 060713 -9 Page 24 or 24 Lat 26'1714011 BONITA SPRINGS Long 81'42' 45" Sec 16 �I Town 48 Range 26 ® W n N GOLDEN GATE ova MAW Rw WD .. ::. 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Agenda Item No. 8G lnn"nr 9 07 p Ue oe 16 111H - C4 w M FT 1114t V!k I WON" Agenda Item No. 8G January 23, 2007 Page 274 of 516 Application No. 060713 -9 SATURNIA FALLS (F.K.A. TERAFINA P.U.D.) Collier County, S16 /T48S %R26E DRAff ADDENDUM TO STAFF REPORT Sablect to Governing BOW Appronj The purpose of this addendum is to replace Exhibit 2.17 In the Staff Report with"�� the attached exhibit. SURFACE WATER MANAGEMENT DEPARTMENT - APPROVAL DIVISION DIRECTOR 96 P.E. Date NATURAL RESOURCE MANAGEMENT DEPARTMENT APPROVAL DIVISION DIRECTOR h 0: �� Anita R. Bain Date CD r-- ca 2§Z n O J � NLN Cc CL Q If ! Q 4 7 m i-Min igq Aga gl 'I O p tl B .—i --1 M It till S i Isar N a� i i I � w t.1 n gfill 9� a� a � y �a Q� K Y r, (D r- 00 CD ON O Z C' N pEy L N CZ C f�6 cCZll N Q7 Q ♦ a � � limit. { w • Qt , fill sm I �t Ji E� ►!t;�i! { , l�M i a� I}t�l {!f Iry 11111 Ifij pie t r ` I L � � ;+ 1; Ill I�,I�iiu'�1•�3#il�R i� 'i!mn:mri t {� tt1''! tI R� ,t,dt � " l � ! � � �t ►��t tt� ��; ij i ai ! 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HOW i wte ,Sr Yr� r• r i`" C 41 12 5 d z �IL z p W 3 H Z 0 w M o� 0 V rz 'N y-= U 0 g I$ Agenda Item No. 8G January 23, 2007 Page 285 of 516 TERAFINA WETLAND MITIGATION/MONITORING /MAINTENANCE PLAN S)F`WMD PERMIT NO. 11-02055-P Revised August 23, 20.06 INTRODUCTION The following outlines the wetland mitigation, monitoring, and maintenance plan for the 646.491- acre Terafina project located in Section 16, Township 48 South, Range 26 East, Collier County, The construction of the residential development will result in unavoidable impacts to South Florida Water Management District (SpWMD) jurisdictional wetlands. In order to offset these impacts, a total of 284:41± acres of wetland preserves and upland preserves /buffers will be established. This includes 146.32± acres of wetland enhancement through hand removal of exotics, 104.24± acres of wetland enhancement through mechanical removal of exotics, 0.10± acre of wetland created from uplands, 31.273: acres of upland preserve, and 2.48± acres of wetland enhancement preserve (slough) buffer. The wetland mitigation plan includes the establishment of five interconnected preserves within the western portion of the development, a habitat buffer along the north property line, a large 210± acre preserve (slough) on the eastern third of the property, and a created upland buffer between the development and the preserve (slough). The five interconnected preserves are located within the interior of the development plan and include both wetland and upland habitats. The five preserves are interconnected by box culverts under the proposed roads. These box culverts will provide wildlife crossings to facilitate wildlife movement between the preserves. The five internal preserves are connected to the 210f acre preserve (slough) on the eastern third of the property. As part of the, 210± acre preserve (slough), 104.24± acres of wetlands will be enhanced through the mechanical removal of exotics, grading to wetland elevations, and planting with native vegetation. The grading plan for this area includes the establislunent of four marshes for wading bird foraging habitat. These marshes will be graded to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. The wetland mitigation activities will be done concurrently with the construction of the surface water management system fore project. The mitigation areas will be placed under a conservation easement to the SF D. APPLICATION NUO k Passarella and Associates, Inc. 903GLH856 Devised 08123 /06 ••,., ..� H I ADD/REVISED SUBMITTAL AUG 2 4 2006 .� , //A I of 8 Agenda Item No. 8G January 23, 2007 Page 286 of 516 MITIGATION PLAN The mitigation plan. includes 146,32± acres of wetland enhancement through hand removal of exotics, 104,24± acres of wetland enhancement through the mechanical removal of exotics, 0.10± acre of wetland ,created from uplands, 31.271 acres of upland preserve, and 2.481 acres of wetland enhancement preserve (slough) buffer. The locations of these areas are shown on sheet E -5 of the environmental plans. The exotics to be eradicated include, but are not limited to, melaleuca, Brazilian pepper, Australian pine, and downy rose - myrtle. The hand removal of exotics from wetlands and uplands will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian . pine with diameter at breast height greater than four inches and apply approved herbicide to cambium; (3) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings. In areas where the density of melaleuca and Brazilian pepper trees exceeds 50 percent, cuttings will either be hand removed from the site or stacked in piles at approximately 100 foot intervals. If left on the site, smaller melaleuca cuttings will be stacked butt end to the ground into a nearly vertical position (i.e., teepee method). Larger melaleuca cuttings will be cut and stacked side by side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of approximately six feet (i.e., log cabin method). Supplemental wetland plantings will be conducted in the wetland preserve buffer in accordance with the attached drawings and in the wetland enhancement areas with greater than 50 percent coverage by exotic vegetation. Tree plantings will include a minimum of three of the five species listed in Table 1, shrub plantings will include a minimum of two of the three species Iisted in Table 1, and. ground cover plantings will include a minimum of three of the four species listed in Table 1. Planting densities for trees and shrubs will be 430 plants per acre, and planting densities for ground cover will be 1,210 plants per acre. Tabled. Supplemental Planting List j t US, t �� t ]6(# 1 3S ;YL_�_kb- rtU,ii. LIM }v5� =1=` -� MINE V ac�lC •.• a IV, i• Acer rubrum ` • Pinus / ©�. _. • —E– r�N�M mw-�� I s • • ' I / I I I / � • 1103G H9 and Associ.� H j RATION NUMBER Ii03GI.,H856 Revi�9}� 0G 071, 3- 9 - :• AUG 2 4 2006 14 tilmow HINT Agenda Item No. 8G January 23, 2007 Page 287 of 516 Table 1. (Continued) Mechanical. removal of exotics (104.24± acres) will include mechanized land clearing in areas of 75 to 100 percent cover by melaleuca. Prior to mechanical removal, the limits of mechanical removal of exotics will be flagged for review and approval by SFWMD. staff. After exotic vegetation has been removed, the cleared areas will be graded as shown on sheet E -6 of the environmental plans. If available, a six inch layer of topsoil will be spread on the graded area to achieve final grades. Due to the presence of exotic and nuisance species within the potential donor sites (i.e., impact areas), it is not anticipated wetland topsoil will be available for use in the graded areas. An as -built survey of the graded site will be performed to ensure the desired elevations have been obtained. After review and approval of the final grades by SFWMD compliance staff, the area will be planted using the species .listed in Table 2. Table 2. Planting List for Mechanieally Cleared and Graded Areas Cypress Taxodium distichum 5 ft. 12 in. 2 in. 6 ft. 6c. Cord grass S artina baker! Wire grass Arlstida stricta 12 in. 2 in. 6 ft. oc. Gulfdune PasPalurn tnonostachyum 12 in. 2 in. 6 ft. oc. Pas alum 12 in. 2 in. 3 ft. O.C. —6 Saw grass Cladiurn ' arnaicense 1 12 in. 2 in. ft. oc. Mechanical. removal of exotics (104.24± acres) will include mechanized land clearing in areas of 75 to 100 percent cover by melaleuca. Prior to mechanical removal, the limits of mechanical removal of exotics will be flagged for review and approval by SFWMD. staff. After exotic vegetation has been removed, the cleared areas will be graded as shown on sheet E -6 of the environmental plans. If available, a six inch layer of topsoil will be spread on the graded area to achieve final grades. Due to the presence of exotic and nuisance species within the potential donor sites (i.e., impact areas), it is not anticipated wetland topsoil will be available for use in the graded areas. An as -built survey of the graded site will be performed to ensure the desired elevations have been obtained. After review and approval of the final grades by SFWMD compliance staff, the area will be planted using the species .listed in Table 2. Table 2. Planting List for Mechanieally Cleared and Graded Areas IQ k'OVAU In the upland preserve areas. where exotic vegetation coverage exceeds 50 percent, supplemental upland plantings will be conducted. The plant species and planting specifications are provided in Table 3. Trees and shrubs will be planted at a density of 430 plants per acre and ground cover at a density of 1,210 plants per acre. -- ADUREVISED SUBMITTAL c Passarolla, and Associates, Inc. 3o WWOT Osr#q �. �. 9 .� AUG 2 4 2406 .�G Cypress Taxodium distichum 5 ft. 1 gal. 10 ft. O.C. Zone l Cord grass S artina baker! 12 in. 2 in.. 3 ft. O.C. Gulfdune Pas alum Paspalum monostach um 12 in 2 in. 3 ft. O.0 Zone 2 Maidencane Panicum hemitomon 12 in. 2 in. 3 ft. O.C. Pickerelweed Pontederfa cordata 12 in. 2 in. 3 ft. O.C. Sa itara Sa ittaria lane! olta 12 in. 2 in. 3 ft. O.C. S ikerush .,leocharls interstincta 12 in. 2 in. 3 ft. O.C. Maidencane Panicum hemitornon 12 in. 2 in. 3 ft. O.C. Zone 3 Saw grass Cladtum 'arnaicense 12 in. 2 in. 3 ft. O.C. Soft -stem Sctt• us validus 12 in. 2 in. 3 ft. O.C. Bulrush Scir us cubensis 12 in. 2 in. 3 ft. O.C. Zane 4 Fireflag Thalia geniculata 12 in. 2 in. 3 ft. O.C. S atterduck I N har luteum 24 in. 1 gal. 15 ft. O.C. Waterlily I N m haea odorata 24 in. 1 gal. 1 15 ft. O.C. IQ k'OVAU In the upland preserve areas. where exotic vegetation coverage exceeds 50 percent, supplemental upland plantings will be conducted. The plant species and planting specifications are provided in Table 3. Trees and shrubs will be planted at a density of 430 plants per acre and ground cover at a density of 1,210 plants per acre. -- ADUREVISED SUBMITTAL c Passarolla, and Associates, Inc. 3o WWOT Osr#q �. �. 9 .� AUG 2 4 2406 .�G Agenda Item No. 8G January 23, 2007 Page 288 of 516 Table 3. Upland Preserve Planting List Live Oak Quercus vir inlana. 5 ft. 3 gal. 10 ft. O.C. Slash Pine Pinus elllottli 5 ft. 3 gal. 10 ft. O.C. Coco Plum Chi sobalanus icaco 3 ft. 1 al. 10 ft. O.C. M rsine Ra anae guanensis 3 ft. 1 gal. 10 ft. O.C. Wax-Myrtle M ica cerl era 3 it. 1 gal. 10 ft. O.C. Muhly Crass Muhlenber is ca illaris 12 in. 4 in. 6 ft. Q.C. Sand Cord grass S artlna bakeri 12 in. 4 in. 6 ft. O.C. Saw Palmetto Serenoa re ens 12 in. 4 in. 6 ft. O.C. Wire grass Arlstida stricla 12 in. 4 in. 6 ft. O.C. The wetland preserve buffer consists of a structural buffer and native planting to restrict access from the development to the preserve on the eastern side of the project boundary. The buffer will consist of coco plum planted at the top of the rip -rap slope and native wetland vegetation planting at the base of the rip rap. Planting at the base of the rip rap will consist of 10 -foot high cabbage palm, slash pine, and red maple planted oil i5 -foot centers. An offset row of wax myrtle will be planted on I0- foot.centers immediately east of the tree row. MITIGATION SUCCESS CRITERIA The following are the success criteria for the mitigation areas: 1) the conservation easement will be recorded for the mitigation areas; 2) initial eradication of exotic and nuisance vegetation will be completed; 3) wetland mitigation areas will contain at least 80 percent cover by desirable obligate and facultative wetland plant species; 4) the wetland and upland mitigation areas shall be free from exotic and nuisance vegetation immediately following a maintenance activity; and 5) the wetland and upland mitigation areas will consist of no more than five percent cover by exotic and nuisance species. Exotic and nuisance vegetation species are identified as those species listed_ by the Exotic Pest Plant Council at the time of permit issuance. MONITORING Monitoring Methodology The proposed monitoring of the wetland and upland mitigation areas will consist of baseline, time -zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels. The baseline monitoring report will document conditions in the project site as they currently exist. The time -zero monitoring report will document conditions immediately following wetland and upland enhancement. The annual reports will document conditions following enhancement activities and document the extent of success of the project. If needed, the annual reports will identify specific actions to be taken to improve the conditions within the project area. Sampling APPLICATION NUMBER ADD/REVISED SUBMITTAL + #03s nss c1 a AUG Z 4 Z0ps 4 of 8 . y _._:i•] ria.o, ��.N•.,:•A f 1A/0 CC61fiPff ('�CKM:Q Agenda Item No. 8G January 23, 2007 Page 289 of 516 transects and methodology for the baseline, time -zero, and annual reports will utilize identical methods of data collection. Vegetation Monitoring Wetland vegetation will be monitored prior to and following enhancement and restoration activities. Sampling in wetland areas will involve canopy, sub - canopy, and ground cover stratum along monitoring. transects established within the enhancement areas. The location of the monitoring transects are shown on sheet E -7 of the enviromnental plans. Canopy and sub - canopy vegetation species will be monitored within 20 x 50 foot plots established along the monitoring transects. Species richness and visual estimate of percent cover will be calculated for canopy and sub - canopy stratum. To facilitate an intensive, accurate, and repeatable sampling program, the point frame method (Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at approximately 25 foot intervals along each monitoring transect. Each point frame consists of lm square wire grid with 25 cross points, Any plant species directly below a cross point will be recorded, including bare ground. Each cross point represents four percent of the square meter. Water depths will also be recorded at each sampling station. For each sampling station, identified species will be listed and percent cover computed and discussed. Wildlife Monitoring Regular observations of wildlife will be made during the monitoring event by qualified ecologists. Observations will consist of recording evidence and signs of wildlife (i.e., direct sightings; vocalizations, burrows, nests, tracks, droppings, etc.). Fish and Aquatic Macroinvertebrate Monitoring Qualitative sampling of fish and aquatic macroinvertebrates along wetland transects will be conducted using a standard D -frame aquatic dip net, mesh size. 1.0 mm. Sampling will be conducted along vegetation monitoring transects with a minimum of 2 cm. standing water, The collector will work the net vigorously within the vegetation, open water, and surficial bottom sediments. Net contents will be placed in a white pan and sorted with forceps. Hard substrate, if any, will also be examined for the presence of aquatic macroinvertebrates. Sampling will continue until no new species are encountered for ten minutes. Sample size and collection times will not exceed 200 organisms or one hour, respectively. Samples will be preserved in alcohol, returned to the laboratory, and identified to the lowest taxonomic level possible, usually species. When possible, fish will be identified in the field and released. Photographic Documentation Permanent fixed -point photograph stations will be established in the monitored areas providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Monitoring photographs will accompany vegetation data in each report. Passarella and Associates, Inc. is 1W 5 of a #034LH856 Revised 08/23/05 <_ J Agenda Item No. BG January 23, 2007 Page 290 of 516 Locations of photo stations will remain the same throughout the duration of the monitoring program. Rainfall and Staff Gauge Staff gauges/nlonitoring wells will be installed within the enhanced wetland areas. The gauges /wells will be. read once a month during the dry season (November through May) and twice a month during the wet season (June through October). Staff gauge data will be summarized in the annual monitoring reports along with available rainfall data for the area. MONITORING REPORTS The permittee will submit annual monitoring reports to SFWMD documenting the success of the mitigation program and general condition of the preservation areas. Within 60 days of permit issuance, the baseline wetland monitoring for the mitigation areas will be submitted to SFWMD. The time -zero monitoring report will be submitted within 60 days of completion of enhancement activities. Annual monitoring reports will include the following information: • Brief description of mitigation and maintenance work performed since the previous report along with a discussion of any modifications to the mitigation or maintenance program. • Brief description of anticipated mitigation and maintenance work to be conducted over the next year. • Results of quantitative vegetation monitoring conducted in the enhanced wetlands and upland buffers. A list of observed wildlife species. • Monitoring photographs taken at photo stations within the enhanced wetlands and upland buffers. • Staff gauge and available local rainfall data. CONSERVATION EASEMENT The wetland mitigation areas will be placed in a conservation easement to SFWMD, The conservation easement will ensure that the mitigation areas will remain in a natural state in perpetuity. These preserved mitigation areas will not be disturbed by dredging, filling, land clearing, agricultural activities, or other construction work whatsoever, except those activities described in this mitigation plan. Passarella and Associates, Inc. H030LH856 Revised 08/23/06 6 of 8 Agenda Item No. 8G January 23, 2007 Page 291 of 516 MAINTENANCE AND LONG -TERM MANAGEMENT Following the completion of the initial exotic removal effort, semi - annual inspections of the mitigation area will occur for the first two years. During these inspections, the mitigation area will be traversed by a qualified ecologist. Locations of nuisance and/or exotic species will be identified for immediate treatment with an appropriate herbicide. Any additional potential problems will also be noted and corrective actions taken. Once exotic /nuisance species levels have been reduced to acceptable limits (i.e,, less than five percent cover), inspections of the mitigation areas will be conducted annually. Maintenance will be conducted in perpetuity to ensure that the enhanced wetlands and upland buffers are free of exotic vegetation (as currently defined by the Exotic Plant Pest Council) immediately following maintenance and that exotic and nuisance species will constitute no more than five percent of total combined cover, Passaretla and Associates, Inc. #03GLH856 Revised 08/23/06 f' J U10 Agenda Item No. 8G January 23, 2007 Page 292 of 516 REFERENCES Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New York, New York. Passarella and Associates, Tnc. 003GLH856 Revised 08/23/06 _ 8 of 8 Agenda Item No. 8G January 23, 2007 Page 293 of 516 TERAFINA WETLAND MITIGATION ACTIVITY SCHEDULE SFWMD PERMIT PERMIT NO. 11-02055-P Revised August 23, 2006 Activities associated with the implementation of the wetland mitigation, monitoring, and maintenance shall be in accordance with the following work schedule. Passarelia and Associates, Inc. "� 4 1 of 1 , #03GLH856 Revised 08/23/06X�� i� Baseline Monitoring Report September 22, 2004 May 31, 2007 Submit Signed Conservation Easement and Other Required Information June 30, 2007 Removal of Exotic Vegetation June 30, 2007 Grading of Mitigation Areas July 31, 2007 Plant Mitigation Area .September 30, 2007 Time -Zero Wetland Monitoring Report December 31, 2007 Exotic Maintenance July 31, 2008 Exotic Maintenance November 30, 200,8 First Annual Wetland Monitoring Report November 30, 2009 Second Annual Monitoring Report November 30, 2010 Third Annual Monitoring Report November 30, 2011 Fourth Annual Monitoring Report November 30, 2012 Fifth Annual Monitoring Report Passarelia and Associates, Inc. "� 4 1 of 1 , #03GLH856 Revised 08/23/06X�� i� Agenda Item No. 8G January 23, 2007 Page 294 of 516 South Florlda Water Management District Work Schedule Requirements Application No 060713 -9 Page f of 1 Mitigation Plan ID: SATURNIA FALLS , Y a f _'-�• -S' / 54,1 ' l r� Y 0; SUBMIT SUBMIT CORRECTED LEGAL DESCRIPTIONS AND SKETCHES FOR 284.41 ACRE 31 -DEC -2006 MITIGATION PERMIT REQUIRED FOR CONTINUED DEWATERING ACTIVITIES 07- MAY -2007 SUBMIT PERFORMANCE BOND IN THE AMOUNT OF $2,288,840,95 31- MAY -2007 SUBMIT TITLE INSURANCE/OPINION /COMMITMENT FOR CONSERVATION EASEMENT 31- MAY -2007 SUBMIT RECORDED CONSERVATION EASEMENT 284.41 ACRES 31- MAY -2007 EXCAVATION AND GRADING MITIGATION AREA 30 -JUN -2007 EXOTIC VEGETATION REMOVAL 30- JUN -2007 COMPLETE PLANTING MITIGATION AREA 31 -JUL -2007 SUBMIT TIME ZERO MONITORING REPORT 30 -SEP -2007 SUBMIT FIRST MONITORING REPORT 30 -NOV -2008 SUBMIT SECOND MONITORING REPORT 30 -NOV -2009 SUBMIT THIRD MONITORING REPORT 30-NOV-201 0 SUBMIT FOURTH MONITORING REPORT 30-NOV-2011 SUBMIT FIFTH MONITORING REPORT 30 -NOV -2012 Exhibit No: 3.5 B Document prepared by: Agenda Item No. 8G January 23, 2007 Page 295 of 516 Return recorded document to: South Florida Water Management District 3301 Gwi Club Road, MSC West Pabn Beach, FL 33406 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this 5`t' day of October, 2006, by G.L. Homes of Naples Associates Il, Ltd., a Florida limited partnership ( "Grantor "), whose mailing address is 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323, to the South Florida Water Management. District ( "Grantee "). As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor and all subsequent owners of the "Conservation Easement Area" (as hereinafter defined), and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A' attached hereto and incorporated herein ( "Property "); and WHEREAS, the Grantor desires to construct Saturnia Falls (fka Terafina) ( "Project") at a site in Collier County which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and WHEREAS, District Permit No. 11- 02055 -P ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, the Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands wider the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over that portion of the Property described on Exhibit "B" (such portion of the Property described on Exhibit "B" is referred to herein as the "Conservation Easement Area "). Form No. 1191 �,A ❑ Standard Passive Recreational LIGATION Rev. 03 /2006 APP L7 Posted: 7/2006 EXHIBIN ADD /REVISED SUBMITTAi :ocT :-6 t s LWC SERVICE CENTER Agenda Item No. 8G January 23, 2007 Page 296 of 516 OR; 3122 PG: 2841 JOINDER (joinder of Olde Cyprves Master Property Owners Association to granting of Drainaps,, Accass and Matnt*nanpo Easement from Robert Voclseno, as Co- Trustee under Land Trust Agnems,nt dated May-24,1995, Old* Cypress Development, Ltd., a Florida limited partnership, and The Club at Olds, Cypress, Ltd., a Florida limited partnership to IMCOLLIER Joint -Venture, a Florida general partnership] The undersigned, Olde Cypress Master Property Owners Association, Inc., a Florida not for profit corporation,. hereby Joins In this Drainage, Access and Maintenance Easement for purposes of acknowledging and consenting to the granting of the easements provided for herein. Witnesses: Olds Cypress MasWf Aperty 0*ners Association, Inc., a Florida not- fof,¢to 7 Print / --- Print STAVE OF FLORIDA C v' COUNTY OF COLLIER The foregq4V inatrum a edmawlec:IPd be ms y of .2002 by _ Of owe Cypress Maat4N.Property GUn a lion, Inc., a Florid corporation, on its behalf, Wfo.ls personalt ry known to me or who he Aj as kienIftellon. t - - Printed Name of Notary Public / My Commission Expires. �- r -a. ;17 &G_ eaDAa R!JWI rt MY COMWAS IOH 1 DD iDiM eon Ewa, M I,�Ma"""� NX,W09MCOLUER 019WIow W*tDr&AgG Ingmu Egms" PAWw m x Eru»mt.doc EXHIBIT 3.� " /'Y/ M Agenda Item No. 8G January 23, 2007 Page 297 of 516 OR,. 3122 PG: 2848 Exhibit -A-- Page L Of -Al- A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 .EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 16, TOWNSHIP 48 SOU114, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89 *56'49 "E. ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, FOR A. DISTANCE OF 549.71 FEET, TO THE POINT .0 BEGIdNIN OF THE PARCEL OF LAND. HEREIN DESCRIBED; THENCE RUN A DISTANCE OF 1,501.02 FEET, THE FOR A DISTANCE. OF 2,185.7 '11iEN.CE RUN 2'37 "E., FOR A DISTA. E x,684.81 FEET ;. IN RUN N.89 *53'06"E.0 FOR DI OF—T; f . 5 T A POINT ON THE EAST LI R R OF SAID SECTION 16; S 0 ., L N THE EAST LINE -OF THE A A. O S ID CT10N 16 FOR A DI ST 2, T ST QUARTER CORN F SAID SECTIO 6; CONTINUE S.0060 ., ALONG TH OF THE SOUTHEAST QUAR SAID SECTION 1 A DISTANCE OF 2,663.03 THE SO CORNER OF SAID SECTION 16; (a+ 6'49 "W., ALONG THE SOUTH LINE OF SAID R A DISTANCE OF 2,094.65 FEET, TO THE POINT OF BEGIN;' CONTAINING 210.41 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, AS BEING 14.139'56'49 "E, EXHIBIT 3.6 Agenda Item No. 8G January 23, 2007 Page 298 of 516 Exhibit OR: 3122 PG: 2849 Page -a- Of } i► A - 1rTG:i i of `f 4" L i 1 E. ► I N-1/4 COR. —SEC, AST COR. , SEC, 16- 48 -26_ S 89 53 06 w W 2646.05 50' S 16 i z• g 9 4 C11 W 'TE:i: -p V) O O Vo �w M <n 4 0 �O c.i m N tT � �• ,rte. YT1•'�f\ 1/4 COR. 16 -46 -26 � V' O POC PQ® w Lt l 2094.65' S. 1/4 CDR, SOUTH UNE OF THE SQUTHEAST QUATER SOUTHEAST CDR. SEC, 16 -48 -26 BASIS OF BEANO N 89'56'49" E 2644.36' SEC. 16-48-26 OLDE CYiPRESS NE UNIT EXHIBIT 3.6 �� %y� Agenda Item No. 8G January 23, 2007 Page 299 of 516 OR; 3122 .PG: 2850 Exhibit Page ..L. Of _L TRACTS A, B AND I OF OLDE CYPRESS, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32, PAGES. 1 -11 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. R co G� r� O J EXHIBIT" � 6 /6/ j Agenda Item No. 8G January 23, 2007 Page 300 of 516 ' OR: 3122 PG: 2851 Exhibit Cw- Page -A- Of Am. ALL OF SECTION 15, TOWNSHIP 48 SOUTH, PANGE 26 CAST, COUNTt, FL DRI11A; AND ALL THAT PART OF SECTION 22, TO%%ANSHIP 48 SOUTH, RAA'GF E6 EAST, (.OLLIEP, COUNTY, FLORIDA, BEING MORE PARTICULARLY IIESCRIBED AS FuLLO'«.;, THE NORTHEAST 114 OF THE NORTHWEST 114, AND THE FAST 1:'2 IF THE" NORM Ha E: 1/4 OF THE NORTHWEST 114, THE WELT 1/2 OF THE' SC- UTHEAST 1.'4 OF THE N0P7'H6'CS r 1.Ad, THE EAST 1/2 OF THC NORTHWEST lid OF ThE SDUrHEASr 1:4, THE CAST I/2 OF THE ZiiTHEAST ii4 0, TiiC NORTHWEST 1;4, THE NORTHWEST 114 OF THE THE WEST 1; ? OF THE NOR, THEASr 11'4 OF THE NOR^^ L �, THE CA's r 112 OF' TMC N P. SAN AS r 11/44 OF THE AE . H£A T .1; 4, THE WES r 1,-,L0 Dr THE SO' H 1.'4 GF` -TN1. NCR T AS 4",'4, Mt:' EAST lit OF TH So i E T Sr 114, rHE EAS r 1 /c" OF rH T A F r F S T W A 114, THE EAST i/2 GF THE 4d�F r 1i2 or THE SO EA r 1 � F THE SOUTHWEST I.: -a. THE WEST HALF OF M HALF OF THE UARTER OF THE SOUTHWEST QUARTER, 0,C THE EAST HALF OF THE E AL� Sr QUARTER GF THE S0U7'h6'': QUARTER, THI_ NOP. TH 112 OF THE• WEST 112 OF TNE' NORTHWEST 114 OF THE' SOUTHEAST 1,'4. THE SOUTHWESr 1/4 OF THE MURTHWEET 1,14 L ^F THE SOUTHEAST !.-4. THE WEST I/2 OF Si7UTHWcST i14 LY THE SOUTHEAST 114, THE WEST 314 OF THE EAST 1:2 OF rH.' SOUTHWEST i!4 OF Ti;t ;J_THE4ET 1.•4. ` AVD ALL THAr PAR!' OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 20 EAST; COU.I£R COUNTY, FLORID.A1 LESS AND EXCEPT rHE FOLLOWING F11UR c4,► PARCELS: 1) THE' SOUTH I/8 OF THE NORrHEASr 114 or THE NORTHWEST 1/4 ,) rHE SOUTH I/2 OF THE SOUTHEAST 114 OF rHE SOUTHEAST 1:'4 3) THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE' SOUTHEAST 114 4) THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHCAS r 114 AM EXHIBIT. Agenda Item No. 8G January 23, 2007 Page 301 of 516 OR: 3122 PG; 2852 Exhibit Sc_ Page .2, Of A, THE WEST" HALF OF THE NOP,. rHidES T f1UAR rEP OF THE NORYi•'ves r o(,'AF. 'E "R OF SEC TT:,N TOWNSHIP 46 SOUTH, RANGE E6 C'A S T, COLLIER COUNTY, FL OFI DA; ANj.? THE WEST HALF Of THE NDRTNL'aST 01JARTER Or THE SVU," VEST OUARTER NF SEt;TIO.V .?c", f; i.qvSHP 48 SOUTH, RANGE 26 CAST, COLLIER COUNTY, FLOPIDA, AND THE IvEST HALF OF THE SOUTYi�, ST t:UARTE.R OF' THE NG'Prb wEsr gwRTER OF SECTION RCS. TOWNSHIP 42 SOUTH, RANGE Z6 EAST, COLLIErs CGUvTr, F4GVVA; AND THE EAST HALF" OF THE EAST H41.F ,OF" T { h ., j} ' AS r HALF OF THE SOUTH ES T DUARTE -P OF rNc NVPTHW,EST OUAP.TE'R cam', I 48 SOUTH, RANGE E6 CASr, COLLIER COUNT'r, FLORIDA; 4A..0 � THE WEST HA.Ljr OF Th'E EASr H.AL rlj' CT V4PT TuE A °GRT.HkEST CC AF:TEr? C.- SECTlDN c'2, TOWNSHIP 48 SQL'TN, ±�r+ GE 'Sr OLLi R COL, TY, FLORIDA; AND EAST HALF OF THE EAST HALF O i N' P F THE NL?R"NM�ST L7NE ::iriC -- CIF' SECT117M 2P, TOWNSHIP 48 S UT R IV SEA T, LL c C N ?', FLOP.IDA, LESS THE EAST HALF' OF THE EAST I4ALF' OF' TH L AST F THE SOUNAVEST ONE ova?TE,a Of THE NORM ESr ONE OUARTE `' S TION 2, TOU, NIP a H. RAMIE cM EAST. COLL.iER COUNTY, FL OPI DA. �? AND Z' E CI S' THE NORTH 1/2 OF THE NORTH 1/2 Or SECTION 11. TOWNSHIP 48 SOUTH, RANGE 36 EAST, COLLIER COUNTY, FLORIDA. EXHIBSIT �'.6 '�'Y/ Agenda Item No. 8G - - - January 23, 2007 Page 302 of 516 Kull9rr B 950 EA=s Way • 149p{e01W& 341{0 • PhwX 239.264IM - F=239,264,2075 HM PROJECT 41995.067 9/16/06 REF. DWG, 4B- 5934.1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89'67'00'E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N00'09'1 .9'W, FOR A DISTANCE OF 911.72 FEET; THENCE RUN .N74 °03'12'E, FORA DISTANCE OF 276.63 FEET TO THE 09INT OF AE INNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N19.49'85"W, FOR A DISTANCE OF 171,50 FEET; THENCE RUN N12'23'43'E, FOR A DISTANCE OF 173,72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE.TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 22.46'13', SUBTENDED BY A OHORD OF 19.73 FEET AT A BEARING OF N01001'07'E, FOR A DISTANCE OF 19.88 FEET TO THE END OF SAID CURVE', THENCE RUN N10'21'29'W, FOR A DISTANCE OF 102.10 FEET; THENCE RUN N8051 '59-E, FOR A DISTANCE OF 69.33 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 84'26'40', SUBTENDED BY A CHORD OF 67.19 FEET AT A BEARING OF N47'39'09'E, FOR A DISTANCE OF 73.68 FEET TO THE END OF SAID CURVE; THENCE RUN N050209'E, FOR A DISTANCE OF 380.22 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 88024'06', SUBTENDED BY A CHORD OF 123.22 FEET AT A BEARING OF N37'4V44'W, FOR A DISTANCE OF 135.72 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY;.THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 122:04 FEET, THROUGH A CENTRAL ANGLE OF 69 °19'24', SUBTENDED BY A CHORD OF 120.79 FEET AT A BEARING OF N51'I8'05'W, FOR A DISTANCE OF 126,36 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 168.00 FEET, THROUGH A CENTRAL ANGLE OF 67'f VW, SUBTENDED BY A CHORD OF 174.86 FEET AT A BEARING OF N11.57'24'E, FOR A DISTANCE OF 106,29 FEET TO THE END OF SAID CURVE; THENCt.RUN N45.331111E, FOR A DISTANCE OF 6.13 FEET; THENCE RUN N59.34'40'E, FOR A DISTANCE OF 8,01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE BIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 67'4129', SUBTENDED BY A CHORD OF 144.74 FEET AT A BEARING OF N88.25TWE, FORA DISTANCE OF 161.04 FEET TO THE END OF SAID CURVE; THENCE RUN 862 °4151'E, FOR A DISTANCE OF 4.28 FEET; THENCE RUN 568.35 %1'E, FOR A DISTANCE OF 12.88 FEET; THENCE RUN SO4.42'041E, FOR A DISTANCE OF 106.52 FEET; THENCE RUN 885.14'49'E, FOR A DISTANCE OF 141.41 FEET; THENCE RUN N84'02'06'E, FOR A DISTANCE OF 236.30 FEET; THENCE RUN B86.08AWE, FOR A DISTANCE OF 181.27 HAl"JU" 4?%W "- A.DM N"s - FM Mym - Vwko EXHIBIT 3.6 lylY/ Agenda Item No. BG January 23, 2007 Page 303 of 516 F.ID[IBIT B HM PROJECT #1965.067 9 /16/06 REF. DWG: #B- 5934.1 FEET; THENCE RUN S63149'60'E, FOR A DISTANCE OF 144.39 FEET; THENCE RUN 854058'04'E, FOR A DISTANCE OF 82.31 FEET;.THENCE RUN S42 °22'46'E, FOR A DISTANCE OF 125.1.6 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, GQNCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 81'23'58 ", SUBTENDED BY ll'CHORD OF 130.42 FEET AT A BEARING OF 893004'44'12, FOR A DISTANCE OF 142.07 FEET TO THE END OF SAID CURVE; THENCE RUN N684131171E. FOR DISTANCE OF 278,93 FEET; THENCE RUN S61163'65'E, FOR A DISTANCE OF 181.83 FEET; THENCE RUN S21'61'O6"W, FOR A DISTANCE OF 219:19 FEET; THENCE RUN 87314'161W, FORA DISTANCE OF 97:96.FEET; THENCE RUN N88408'66'W, FOR A DISTANCE OF 47.94 FEET; THENCE RUN 8211511061W. FOR A DISTANCE OF 286.16 FEET; THENCE RUN 828'00'06"W. FOR A DISTANCE OF 422.71 FEET; THENCE RUN 533.33231W, FOR A DISTANCE OF 88.25 FEET; THENCE RUN 880124V5V, FOR A DISTANCE OF 405.24 FEET, THENCE RUN N83'19'09"W' FOR &DISTANCE OF 319.20 FEET; THENCE RUN N79'3V60"W, FOR A DISTANCE OF 259.59 FEET; THENCE RUN N75,0611 8M, FOR A DISTANCE OF 115.58 FEET TO THE POINT OF BEGINNING: CONTAINING 33.87 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANOE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89'57'00 -E. HOLE MONTES, INC. CE TI CATS OF AUTHORIZATION LB # 1772 BY P.S.M. #5028 THOMAS M. MURPHY Y STATE OF FLORIDA u:�xsun�arm�r:�.00c EXHIBIT Agenda Item No. 8G January 23, 2007 Page 304 of 516 NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to .Grantee in issuing the Permit, together with other good and valuable .consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual .Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "B" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: L Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Pumose. It is the purpose. of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the Conservation Easement Area which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement Area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; Form N o. 1191 2 Standard Passive Recreational Rev. 03 /2006 APPLICATION NUMBER Posted: 7 /2006 �, 06 07 13- 9 EXHIBIT b Yq1 ADDIREVISED SUBMITTAL E6 2Q!)6 LWC SERVICE CENTER Agenda Item No. 8G January 23, 2007 Page 305 of 516 e. Surface use except for purposes that permit the laud or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood.control, water conservation, erosion control, soil conservation, or fish Fund wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses of and on the Conservation Easement Area that are not contrary to the purpose of this Conservation Easement may be permitted upon written approval by the-District. a. The Grantor may conduct limited land clearing of the Conservation Easement Area for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities of and on the Conservation Easement Area shall be subject to the following conditions: L Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. Adequate containers for litter disposal shall be situated adjacent to such facilities acid improvements and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the facilities and improvements; and iv. This Conservation Easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements. Form No. 1191 3 Standard Passive Recreation-' Rev. 03/2006 AP ICATION NUMBER W RIT IT 0 6 0,713 9 ADD/REVISED SUBMITTAL OCT -.6 2000 LWC SERVICE CENTER Agenda Item No. 8G January 23, 2007 Page 306 of 516 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property.. 7. Prol)erty Taxes. Grantor shall keep the payment of taxes and assessments on the Conservation Easement Area current and shall not allow any lien on the Conservation Easement Area superior to this Conservation Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no aaer than thirty days after such payment. In the event Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Easement Area which shall automatically relate back to the recording date of this Conservation Easement. Grantee may foreclose this lien on the Conservation Easement Area in the manner provided for mortgages on real property. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9, Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights. and obligations under this Conservation Easement except to another organization or entity qualified to bold such interests under the applicable state laws. 10, Severabilit . If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of this Conservation Easement is preserved. 11. Terms Conditions Restrictions, PuW6se. Reference to the terms, conditions, restrictions and purpose of this Conservation Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement Area. Any future holder of the Grantor's interest in the Conservation Easement Area shall be notified in writing by Grantor of this Conservation Easement. 12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. Form No. 1191 Standard Passive Recreational Rev. 03/2006 Posted: 7/2006 EXHIBIT APOLIOATTION NUM90i 0007.3 ADD/REVISED SUBMITTAL. OCT - 6 2006 LWC SERVICE CENTER Agenda Item No. 8G January 23, 2007 Page 307 of 516 13, Modifications. This Conservation Easement may be amended, altered, released or .revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in- interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee. forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple;_ that the Conservation Easement is free and clear of all encumbrances that are .inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement Area, if any, have been subordinated to this Conservation Easement; and that Grantor has good. right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons whomsoever. [signature follows on next page] Form No. 1191 $ Standard Passive Recreational Rev. 0312006 Posted: 7/2006 EXHIBIT " s/ ` / Agenda Item No. 8G January 23, 2007 Page 308 of 516 t� IN WITNESS WHEREOF, Grantor has hereunto set its authorized hand this S day of October, 2006. G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership By: G.L. Homes of Naples H Corporation, a Florida corporation, its general partner By: ?. Print Name; Title, Vice President Signed, sealed and delivered in our presence as witnesses: / By: ,vim Pri t ame: /NHOCL fHCIT,6 M 6rJ A/4:t'& %✓ Name: Print % r;�dd STATE OF FLORIDA SS: COUNTY OF BROWARD On this S t day of October, 2006 before me, the undersigned notary public, personally appeared R1 .L11 "gd rat. NsrWOL►c, , the person who subscribed to the foregoing insbument, as the Vice President of G.L. Homes of Naples ix Corporation, a Florida corporation, the general partner of G.L. Homes of Naples Associates U, Ltd., a Florida limited partnership, and acknowledged that( she executed the same on behalf of said corporation and partnership and that('she was duly authorized to do so. -i&She is personally know to me or has produced a (state) driver's license as identification. IN WITNESS My Commission hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA — A4ii�_e Ae 4ar__ Pri ame: Form No. 1 191 6 Standard Passive Recreational Rev. 0312006 Posted: 7/2006 EXHIBIT 3,6 `7' Agenda Item No. 8G January 23, 2007 Page 309 of 516 EXHIBIT "A" Legal Description of the Property All of Section 16, Township 48 South, Range 26 East, excepting the west 80' thereof. Form No. 1141 Standard Passive Recreational Rev. 0312006 Posted: 7/2006 7 EXHIBIT 3. � 7i1-i/ Agenda Item No. 8G January 23, 2007 Page 310 of 516 EXHIBIT "B" Legal Description of the Conservation Easement Areas (see following thirt -two (32) pages] Form No. 1191 Standard Passive Recreational Rev. 03 /2006 8 EXHIBIT Agenda Item No. 8G January 23, 2007 Page 311 of 516 3055561 OR: 3122 PG; 2843 "C01010 It 0111CIAL 1110101 Of CttLL111t COO, lL 10/03/2012 at 11:11AN ailm 1. MCI, C111ll Thb inmengpreaarea tnr tic tit 1i151 and eofisr reoortfkog return b: ti0C -.10 .70 !4tlttt>sw L. Qrsbkt0lci, ESQ. Collis 10.00 GerIck, $IS W & 0000". LLP RISC 1.06 5551 PodgawoW ortw, Suite 101 tetss Nopta, Florida 34108 UAICt 1!3!111 11 u PICK 0? T IS D AGE, ACCESS AND MAINTENANCE EASEMENT ('Eoee(mr) is granted this ` day.of �, 2002. by Robert Voclsano, as Co-Tnisin under Land Trust Agreement dated May 24,1886,. Cypress Development, Ltd., a Florida limned partnership, The Club at Olds Cypress, Ltd.. a Florids limited partnership (hereinafter Individually referred to as a "Gnu W end collectlVdy M%rred to as the 'Grantors*) to IMCOLUER Joint Ventura, a Florida oenanl partnership, ft suooessors and assigns (trpntee`j. WHEREAS, Grantor Vocleano, as TERAFINA, a portbn of which Is d "Tenfta Property`), and, WHEREAS, Grantors the owners of ceRaln property attached hereto and incormm WHER£A8. Grant@4 Is descdtlrsd In Exhibit "C'. atts Is the owner of certain property known as - atttaehad hereto and lr=rporateb herein (the Club at Otde Cypress, Ltd., are a whit;h is described In Exhibit '8' as MIRASOL, and more particularly r ktant Estate'; and WHEREAS, Gran Grantee are patth%7 dt . as of that certain Lain Amended and Restated F#ow -Way Agreem tod January . 8"`. b J.D. Niaewunder, Robert Voc"no as Co- Trustee u Trust y 24, 1886, and 010 Cypnm Daveloprnont, Ltd., a Florida *WAIp (the " my Apraem r) (wh" FloywWay Pw"ment amended and restated agreement Red with the Secretary of State's atfba on May 3, 2001 ; and CI - WHEREAS, the Flog -wry Agreement 000nte mplates that a Fkm -Way (ae that term Is defined In the the FIowMay Agreement) shall be Qmtrucled cwutr lands ttwtted by 11tr parties andW assipm of the perilaa to the Flow -Way Agreement, for the mutest bw Mt of the parties thereto and Oak respec.M wocewas In We. The construction. operstla►.and maints;vorce of the FkwwWsy Is also -conteimptated "or "ked by tha following South Ftorkta Water Management tHst M Environmental Resource Permits, as !hay may be amended or modMed from fiefe to tine: ERR N 11 -02066-P (applicable to the Terafkte Prop"), 11-01232-S (applicsble to Okla Cypress Property), and 11 -020 "(aWleaw to ft Domkiant Estate): and WHEREAS, Grantee desk" to con sbW a ftcw way for the drainope of surface water to the C000hatch" Canal, as contemAsted fire Flow Way AgrrertWK and therefore desires to obtain this Easement from Grantors for the purposes provkiod herein. WITNESSETH NOW. THEREFORE, in oenskferatlon of $10.00 and other good and valuable consideration, itte receipt and sutficlsncy of which Is hereby ackrwMedgad by Grantor. Grantor hereby covenents and conveys the Ulowkag to Grantee: EXHIBIT Agenda Item No. 8G January 23, 2007 Page 312 of 516 OR; 3122 M 2844 1. FlUdgla. grantors ack0owiedge that the foregoing recitals are true and sowrate and are Incorporated hernin by reference. 2, nt of >ra_ ae�me_nt. Grantors hereby ant to Grantee, Its sucxOssors and _69503, a Dralnepe, Aocess. and Maintenance Easement ('Essemenr) over their respective properties described In the attached Exhibits A & 8 for the purpoeea provided herein, 3, j'u� M gi Easement. The EaMnent IS for the expmas purpose of Arovidin4 drakwW and scows for rortatnictiott, opsrritkxt, repair, maintenance "or, repiaaament of the Fto*Woy (to be constructed pursuant to the Wring of the Fky*Way Agreement (as emended), as further cvntomplated by South Florida Water Management District Permit 011.020%P and Pemmn 01 "1232 -S and Permit #11- 02031 -P, M perpetuity. {; j§U,2Dj t4wtw and gEM Gmntse'e t.and. This Easement, when combined and utiUed in.00njuncliort with -'U other sasemonts to be granted to Gwtee for the corabuction, maintenance, repair andlor replacement of the Hour Way, sheA be appurtenant to, benefk, and nm with the We to the Ckxninant Estate. 5. Easement for the purposes. stalest torero any communRy tievstopment dwrlrt o responsible for OR or any portion of a of the Flow -Way. It is the - of �3r�uitta. to have parpatuat use and snp traits Way Ow benel' °' ins t f , title, as provided. hereln: t3. � adjacent to the Easement ciau�se corn Grantors shalt not unreason wittthoa the Sin a000mplish saute. 0 IN WITNESS WHEREOF, the n executed by their repressotatives, there un & The rxm- exdusi V rights to use this Orentae or W"teee "00"sor in ties, to gwaF overpmentai, or private entity repair andlor replacement t, that "Dominant Estate m . Nation or on* d*rpod with the or sit of any portion of the Ftow- a to Grant". and its successor in to access larx3s immediately maintainkW said Easement, construction Easements to instrument or caused the same to be the day and year first above written. OLDS CYPRESS DEVELOPMENT, LTD., a Florida tir'nttad psrbnetst+lP. @y: Olds t Corporation its By' t. Paul Hardy President [Remainder o1 pope lntentlonaily left blank] EXHIBIT 3 6 �a��I Agenda item No. 8G January 23, 2007 Page 313 of 516 Val 3122 PG; 2845 THE CLUB AT OLDS CYPRESS, LTD., a FlorMs Iknited partnership, FlTt* Club at OWe Cyypms, Inc., a ori Ib «enaraaP� STATE OF FLORIDA COUNTY OF COLLIER The To Wft ku nnwtwas ackrtovtl*d* b*m me Oft „ %— y of 2 2002 by Robert Paul Harty as Prs Ol tt. ct The Club at Ode GypMU, lrtc., a FWM corpora -in GWmMl Partner d The Club at OW* Cypraes, Ltd., a Florida Nmbd partnership, on Ib b", wtw is pea krwwn %a tw rrie or w has pmduced A) ore Wwamariort. cam"_— - -- •_ MMQUwff Notwv PAM Mroow on�oeto13" f� + I'm PI Ntt4d d Not" t wilt r 3 EXHIBIT �- 6 " /Yi My commission Expires: STATE OF _ �` � -vrt.� C >� COUNTY OF Ll a LL`j6a, Agenda Item No. 8G January 23, 2007 Page 314 of 516 4R: 3122 PG: 2846 � I. agar , The forvg *np Instrument was ac vwMedged before me Itils Iidey of .,� '' �. 2002 by ROW Yocfraiw, as CaTmsae under Lund Trust Agmement bated May 24, 1895. kW i penawry known br _roe or who has produced ss Identlicatlon. -- --- "oy Public Printed Nww of Notary PW411. My Commtselon t:vm.: - / ' tNDIlO�dti MYCOMMN"soe 1013" E�tP1pE &U4�1.20D4 e«.rntinwin uw..w. ;R COQ i 4 EXHIBIT � -6 'vq' 1181H qk5i- �M .s0o zt � qsz s O� :5 CN a 41 M C3 J -1 U G� Ig 6 Agenda Item No. 8G 23, 2007 ge315of516 N 00 d 0 (� ui d I � rn z o a 1 � r � w M 1 CD Li 1 a 1 � CL 1 � if Q I CS U t � 19`W O I �I 1 JD tz i ad�11jtj All Mf �. _ �� , t��-n dal MLLO� 39 FIO i �1 1►`tA� .00'OY ALyi a CL 4 z J C0. a AR&KRWa& NA N114N 04c c 7O00& 41 dai -MOa11 .µa1 M /�1CL- �afµwap wio7,�µpltppgµllLLUlw a J.rulln Agenda Item No. 8G January 23, 2007 316 of 516 H ZTfiim Agenda _Item No. 8G January 23, 2007 Page 317 Of 516 8a0 D" way o Aapec, TIMU un0 • Phase: M.254.20 • Fac 2312M,29rs HM PROJECT N1995,087 9/15106 REF. DWG. #.8.5935 -1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89 °57'00 "E, ALONG THE SOUTH LINE OF• SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N00'09 -19W, FOR A DISTANCE OF 1,804.74 FEET; THENCE RUN N89'5D'41'E, FOR A DISTANCE OF 1,009.36 FEET TO THE JOINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;.THENCE RUN N21 "51 '05 E, FOR A DISTANCE OF 150.55 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N27'20'S1'E, A DISTANCE OF 565.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 665.00 FEET,, THROUGH A CENTRAL ANGLE OF 16.51'19 ", SUBTENDED BY A CHORD OF 1b5.85 FEET AT A BEARING OF 970.34'48 "E, .FOR A DISTANCE OF 168,35 FEET TO THE END OF SAID CURVE; THENCE RUN S09•SB'i 8'W, FOR A DISTANG£ OF 150.04 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N1 1.10'24'E, A DISTANCE OF715,00 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 71 8,00 FEET, THROUGH A CENTRAL ANGLE OF 16 "01'08', SUBTENDED BY A CHORD OF 186,89 FEET AT A BEARING OF _ N71'19'03"W, FOR A DISTANCE OF 187.42 FEET TO THE MNT OF BEGININING; CONTAINING 0.59 ACRES,.MORE OR LESS, THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH; RANGE 28 EAST, COLLIER .COUNTY, FLORIDA AS BEING N.89'57'00 'E, HOLE MONTES, INC. CERTIFI TE OF AUTHORIZATION LB # 1772 BY P.S.M. #5628 THOMAS M. MURPHY It STATE OF FLORIDA u:u9f7unfanww.�s4o0C MOO • FM Myaf - Venta EXHIBIT '" ""I - 1. - Agenda ie! m No. $G 9 2a um ` w % 2 O7 B R 5]8 2 . r1p /e J] Fmk f ■ 2` 2 � �X V) � o �a/ | 7 §k# / /k » k(§ 7 | % 2 ` $$] � k | Q v e. At `q k Jill M $ w� 2 ■■■ . . Z. ;PM ka1.#N A `) z - � - - - -- -- �-- � - -� -- cif }7 E 2� 7�� ƒ § 2 . § § V) U §� z § 0 Li f \ ( |§ -i .■ 0 z0 ƒ� 02 ■ � , �, °' ) S # ■� � A 9 2a um ` w % 2 O7 B R 5]8 950 Eame Wry - Noon, Fie & 34110 • Phone: 239.254.7004, Fat: 239.254.2076 HM PROJECT #1995.067 9116106 REF. DWG. #8. 5936.1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A.PORTION OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 26 EAST..COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89.57'00 "E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N00.09'19."W, FOR A DISTANCE OF 1,73912 FEET; THENCE RUN N89.50'41'E, FOR A DISTANCE OF 21115.77' FEET TO THE POINT OF BE IN(j NIN4 OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN 1409.6816"15, FOR A DISTANCE OF 150.04 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N08'26'69'E, A DISTANCE OF 655.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,. HAVING ,A RADIUS OF 565.00 FEET, THROUGH A CENTRAL ANGLE OF 19.0415', SUBTENDED BY CHORD OF 187.30 FEET AT A BEARING OF N88'602'E, FOR DISTANCE OF 188.17 FEET TO THE END OF SAID CURVE, THENCE RUN 818.10'12'E, FOR A DISTANCE OF 99.70 FEEL' TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 278.00 FEET, THROUGH A CENTRAL ANGLE OF 10.51'51', SUBTENDED BY A CHORD OF 52.07 FEET 6T A BEARING OF023.36'06'E, FOR A DISTANCE OF 52.14 TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N12'37'01 V. A DISTANCE OF 715.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 715.00 FEET, THROUGH A CENTRAL ANGLE OF 21'23'09', SUBTENDED BY A CHORD OF,265,33 FEET AT A BEARING OF S884D4'34'W, FOR -A DISTANCE OF 286.86 TO THE POINT OF BEGINNING_; CONTAINING 0.78 ACRES, MORE OR LESS. *THIS PROPERTY 19. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89'57'00•E. HOLE MONTES, INC. - CERTIFI ATE OF AUTHORIZATION LS # 1772 BY nom' 1• l' P.S.M. 06628 THOMAS M. MURPHY f, STATE OF FLORIDA k%l"r4" emmr4xlx c NWT a • Fat Myer • Venks Agenda Item No. 8G .January 23, 2007 Page 319 of 516 EXHIBIT B EXH1131T i 'l 1181 HX s �o m yMW� G7 v m 8 U91HIR CL p.d/u Wwrx - AMC 41 d-1 MMM 4-1 Agenda Item No. 8G January 23, 2007 Page 320 of 516 r, a U s (D Z h Q.. V V) IaJ a J a 0 a r Z nA , 0 v 0 x ta k f K CMCL Z9 Ul zZ � a OL a a t s IN^W ��VWa\1POCH1 \C4i� \�K _,Agenda_Item No. 8G January 23, 2007 Page 321 of 516 ERIlIBTT B 950 Eam Way' Napbl; Fwju 51110'.ROM: 238.251.2000' Fu: 239,251.2075 HM PROJECT #1895.087 9/15106 REF. DWG. #6.5937.1 PROPERTY DESCRIPTION: A PARCEL OF LAND.LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 26:EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N69'57'00 'E, ALONG THE SOUTH. LINE OF SAID SECTION 16, FOR A' DISTANCE OF 80.00 FEET; THENCE RUN N00'09'19"W, FOR A DISTANCE OF 1,918,73 FEET, THENCE RUN N89060'41 "E, FOR A DISTANCE 0172,425.85 FEET TO THE POINT OF BEGINNINQ OF THE PARCEL OF LAND HEREIN DESCRIBED; THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N2014T44"W, A DISTANCE OF 565.00 FEET THEREFROM; THENCE.RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 565,00 FEET, THROUGH A CENTRAL ANGLE OF 33'05'19', SUBTENDED BY A CHORD OF $21.77 FEET AT A BEARING OF N52'39'37 "E, FOR ADISTANCE OF $28:29 FEET TO THE END OF SAID CURVE; THENCE RUN S35607'53 "E, FOR A DISTANCE OF 37.76. FEET; THENCE RUN S76'04'48 1E, FOR A DISTANCE OF 352.09 FEET; THENCE RUN S16 *00'31W, FOR A DISTANCE OF •170.33 FEET; THENCE RUN S2,319-29-W, FORA. DISTANCE OF 186.00 FEET, THENCE RUN N65'41'2i"W, FOR A FOR A DISTANCE OF 124.80 DISTANCE OF 405.68 FEET; THENCE RUN TO AA POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS FEET POINT BEARS N38'36'1 WE, A DISTANCE OF 175.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 33'14'36, SUBTENDED BY A CHORD OF 100.12 FEET AT A SEARING OF N34'47'30'W,, FORA DISTANCE OF 101.54 FEET TO 'THE END OF SAID CURVE: THENCE RUN N1S'10'12'W, FOR A DISTANCE OF 95.A1 FEET TO THE POINT OF FGINNING: CONTAINING 3.34 ACRES, MORE OR LESS, THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89- STOO'E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB a 1772 �.... �,,�+` � P.S.M: #5628 BY THOMAS M MURP� *- STATE OF FLORIDA w„nn�r�,anwrwn.oac 80ts' Fat Mym ' VOW EXH1�1T 3 "a �'fyl lhl.pz 1181HX3. M .fFpel "1.0091 S ,N .008 o MaZZ��t S M 4J R Rh O � w h LO < EL �r M + .t� zo 2 Q h b 7 fv O g N 7 W W ; �+ N � W to G`L za 40 )(4 =yy 2 OM NOV Uj e3 Q. La w� W N z £L'OtBI M .61,60.00 N +c er i +�u�is eo n n uew g IF a Zlffimm k �I �I �k k k Agenda Item No. 8G January 23, 2007 322 of 516 D o # Ui d v� z 0 0. U W J Q �C) J a C:! U O En H x U k En Ills M N � .- ri U o p r W t W � saa E a. -'10ei Agenda Item No. 8G January 23, 2007 Page 323 of 516 EllIlDIT B 9S0 VKple Way . Nedea: Flaleal 34119. Vbw:230254M -Fox: 23%254205 HM PROJECT #1995.067 9/15/06 REF. DWG. 118.6938.1 PROPERTY DESCRIPTION; A PARCEL Off LAND-LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'. COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89'57'00'E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 50.00 FEET; THENCE RUN N00'09'19"W, FOR A DISTANCE OF 2,830,38 FEET; THENCE RUN N89 °50'41'6, FOR A DISTANCE OF'2,245.83 FEET TO THE P NTOF 13EGINIMOF-THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NBt'39'24'E, FOR A DISTANCE OF 18.27 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF FEET, THROUGH A CENTRAL ANGLE OF 22,° °22'00', SUSTEN�DEDVBY A CHORD OF 1011,61 00 FEET AT A BEARING OF N70'26'24'E, FOR A DISTANCE.OF 109.30 FEET TO THE END. F SAID CURVE; THENCE RUN N69 *17124'Ej FOR A DISTANCE OF 113.80 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 270.00 FEET,.THROUGH A CENTRAL ANGLE OF 43457'S7', SUBTENDED BY A CHORD OF 202.14 FEET AT A BEARING OF N81118'22'E, FOR A DISTANCE OF 207.18 FEET TO THE END OF SAID CURVE; THENCE RUN 818'23'42'W, FOR A DISTANCE OF 40.81 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.D0 FEET, THROUGH A CENTRAL ANGLE OF 38'2129', SUBTENDED BY A CHORD OF 316.69. FEET AT A BEARING OF 600'4702'E, FOR A DISTANCE OF 324.69 TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 465.00 FEET, THROUGH A CENTRAL ANGLE OF 70.23'04', SUBTENDED BY A CHORD OF 524,45 FEET AT A BEARING OF S16.13'45'W, FOR A DISTANCE OF 658.94 FEET TO THE END OF SAID CURVE; THENCE RUN N781012'W, FOR A DISTANCE OF 43.16 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF . FEET, THROUGH A CENTRAL ANGLE OF 21'32'14', SUBTENDED BY A CHORD OF F 4 408.5 0 FEET AT 5 A BEARING OF N07124108'W, FOR A DISTANCE. ' OFAB,79. FEET TO THE END OF SAID CURVE; THENCE RUN N062201 'E, FOR A DISTANCE OF 144.23. FEET; THENCE RUN N100562WE, FOR A DISTANCE OF 70.11 FEET; THENCE RUN ND3422'01'E, FOR A DISTANCE OF 60.98 FEET TO THE BEGINNING OF .A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE. RUN' NORTHERLY ALONG THE ARC OF SAID CURVETO THE LEFT, HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 25.05'124, SUBTENDED BY A CHORD OF 97.73 FEET AT A BEARING OF N09.10'35'W, FOR. A DISTANCE OF 96.51 FEET TO THE END OF SAID CURVE', THENCE RUN N21'43'11'W, FOR A DISTANCE OF 101.88 FEET; THENCE RUN 888118'49'W, FOR A DISTANCE OF 10.00 FEET; THENCE RUN N21'471 1'W, FOR A DISTANCE OF 110.72 FEET; THENCE RUN N65'08'07'W, FOR A DISTANCE OF 20130 FEET TO THE POINT OF BEGINNING• CONTAINING 3.38 ACRES, MORE OR LESS. l f A &"A l"X 4 nw rlr 49. W C HaFlee • Fat Myorv' Vwks EXHIBIT 3-(v "" // HM PROJECT #1996.087 9/15!06 REF. DWG, #8.5938.1 THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 164 TOWNSHIP 46 SOUTH, RANGE 28 EAST; COLLIER.000NTY, FLORIDA AS BEING N,BV67'00'E. HOLE MONTES, INC. CERTIFICATE:OF- AUTHORIZATION LB N 1772 ftft C' P,S,M, 16828 THOMAS M. MURPHY r STATE OF FLORIDA rtu »nln$MWrr43&,0X Agenda Item No. 8G January 23, 2007 Page 324 of 516 ®IIBIT B x XH1BIT 1 is 9 y ,, z U M a J.IRIMM Agenda Item No. 8G 23, 2007 �' ge 325 of 516 Do °' x IM I a n:: �g C.) Ztn xz W CL C] 4 IF �f �,Ql T �1 n N CL Q Z v�� 0 i go ac $� i r ^.{ M 1 OI O O �J 0- Cl Ex 00 -"a lot 0-9 r/en["I 950Ehms WAY 'Ulplei.fkidaSNio 7iISdN :219251,9000•Fax:2N.2M-20t5 HM PROJECT #1995.087 9115106 REF. DWG, NS- 5939 -1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION.OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN N89"157-00-E. ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N00"09'111"W, FOR A DISTANCE OF 4,613.55 FEET; THENCE RUN N89.6041 -E. FOR A DISTANCE OF 1,310.09 FEET TO THE POINT.OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S78.33'1 6'E, FOR A DISTANCE OF 154.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 125.00 FEET. THROUGH A CENTRAL ANGLE OF 89'29'57', SUBTENDED BY A CHORD OF 176.00 FEET AT A BEARING OF N58.41'47'E, FOR A DISTANCE OF 195.26 FEET TO THE END OF SAID CURVE; THENCE RUN N11.58'48 "E, FOR A DISTANCE OF 265.36 FEET; THENCE RUN N00.06'55'W, FOR A DISTANCE OF 430.98 FEET; THENCE RUN N8R3V5'E; FOR A.DISTANCE OF 150.00 FEET; THENCE RUN S00'0V65'E, FOR A DISTANCE OF 452:01 FEET; THENCE RUN 316'43'44'E, FOR A DISTANCE OF MRS FEET; THENCE RUN S23`30'35'E, FOR A DISTANCE OF 42.04 FEET; THENCE RUN 1303.2812'E, FOR A DISTANCE OF 77.15 FEET; THENCE RUN $14 °88'OB'W, FOR A DISTANCE OF 429.38 FEET; THENCE RUN B03.45'30W, FORA DISTANCE OF 162.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC .0p SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 82'064', SUBTENDED BY A CHORD OF 195.36 FEET AT A BEARING OF 842635'271E, FOR A DISTANCE OF 218,42 FEET TO THE END OF SAID CURVE; THENCE RUN 588 "5624'E, FORA DISTANCE OF 241.29 FEET; THENCE RUN 580'28'64'E, FOR A DISTANCE OF 74,31 FEET, THENCE RUN 502 "47'67W, FOR A DISTANCE OF 262.97 FEET; THENCE RUN 330.42'30 "E. FORA DISTANCE OF 424.18 FEET; THENCE RUN S59'1 7'24`W, FOR DISTANCE OF.164.99 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 22.22'00", SVBTENDED"BY A CHORD OF 77.68 FEET AT A BEARING OF S70 "2.8'24W, FOR A DISTANCE OF 78.07 FEET TO THE END OF SAID CURVE; THENCE RUN 881.39'24W, FOR A DISTANCE: OF 74.61 FEET; THENCE RUN N30.42`30'W, FOR A DISTANCE OF 451.70 FEET; THENCE RUN 881'29'05'W, FOR A DISTANCE OF 689,01 FEET; THENCE RUN N83'02'17'W, FOR &DISTANCE OF 120.84 FEET; THENCE RUN. N0711 1'14'E, FOR DISTANCE OF 394.17 FEET; THENCE RUN N88.25'28 "E, FOR A DISTANCE OF 119.31 FEET. THENCE RUN N00.3148 "E, FOR A DISTANCE OF 180.10 FEETTO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,655.20 FEET, THROUGH A CENTRAL ANGLE. OF 12'08'29', SUBTENDED BY A CHORD OF 350.09 FEET AT A BEARING OF N05'32'56'W, FOR A DISTANCE OF 350.75 FEET TO THE END OF SAID CURVE; THENCE RUN N11'37'11 V. nnununw�nwevaa+.voc NWu , Fod MyMa • wko Agenda Item No. 8G January 23, 2007 Page 326 of 516 EI11I13IT B EXHIBIT' 3 ,� "/'vr Agenda Item No. 8G January 23, 2007 Page 327 of 516 61aurr B HM PROJECT 01995.067 9115/06 REF. DWG. #B- 5939 -1 FOR A DISTANCE-OF 378.71 FEET TO THE POINT OF BEQINNINCi; CONTAINING 24.22 ACRES, MORE OR LESS, . THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 13EARINGS SHOWN HEREON REFER TO THE SOUTH LNE OF SECTION 16. T SOUTH, RANGE 28 EAST, COLLIER COUNTY, ORDA'AS BEING N 98.57'00`EwNSH1P 48 HOLE MONTE% INC. CERTIFICATE OF AUTHORIZATION LB M 1772 i G? P.S.M. 05626 BY THM. MURPHY STATE OF FLORIDA uu »�vnwm��at.voc =x "�� 1181 HX3 l�6G -OY -iI FA4'J16 JO L1'l 161y Ul o a .LTQItEM Agenda Item No. 8G January 23, 2007 r,;, ge 28 of 516 L6 d 0, Is F— O z Li Lq Ao z as OODL YL 4irH11 iNl F•rlcrl�•iH•M .�w..ywd�eiocul \i�6� \w z n CL a 4 w ..a z a U a 0 x U Is F— O z Li Lq Ao z as OODL YL 4irH11 iNl F•rlcrl�•iH•M .�w..ywd�eiocul \i�6� \w 950 EnMN WAY ' N0* 1- FW4A34110 'P**:?3%2S1.2009'Fu:739 HM PROJECT 81995.087 9/15/06 REF. DWG. UB•5940.1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST. COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N99'57'00 'E. ALONG THE SOUTH LINE OF SAID. SECTION 18, FOR A DISTANCE OF 2;845.04 FEET TO THE SOUTH QUARTER CORNER .OF SAID SECTION 18: THENCE RUN N8905611*15. ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 549.60 FEET; THENCE RUN N03136'03 "E, FOR A DISTANCE OF 14.84 FEET TO THE POINT OF 0 INNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN WO-W-3413-W, FOR A DISTANCE OF 29,93 FEET; THENCE RUN.NO3'36'08'E, FOR A DISTANCE OF 372.32 FEET; THENCE RUN S8612T57'E, FOR A DISTANCE OF 29.57 FEET; THENCE RUN 603'36'03eW. FOR A DISTANCE OF 370.66 INT FEET TO THE PO OF,BEGINNING; CONTAINING 0.25 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD: BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP. 48 SOUTH, RANGE 28 EAST. COLLIER COUNTY, FLORIDA AS BEING N.89 °57'00'E HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB 0 1772 BY� P.S.M. 05628 H�M. MURPHY STATE OF FLORIDA tw"Ai XIAW r.w.00c Ht* •Fatmms'Ya*a Agenda Item No. 8G January 23, 2007 Page 329 of 516 FJMlbTT B 5N c�� Agenda Item No. 8G January 23, 2007 apeJ30 of 516 /A/Is 9's J ISIHXq d 0 6 C, igl z 0 P 0. U 499'01£ M .,£0.9 0 r� CO S d mow ab 'Z£'ZL£ 3 N d i r a a x � o' U d O o r 01 % y it Lu EN 8 w p z z Ln Zip 1.4 s� g U $ � � o cc -ir-ot Nwax �o y+n Lcyt r U v " l LLI CL a� �YCuMxnL %ff Nl1ey wLC9 - io0i 'i1 'af MNH vi f*v'1c9��•1y.fb wM.iJfr� uAe..."o u jiumm Agenda Item No. 8G January 23, 2007 Page 331 of 516 EAIIBIT B 950 Encore WsY • Nsdes.FbOs.300 • Pho" 2N.2512000- Fix: 2N.254,2076 HM PROJECT #1995,087 9/15106 REP. DWG.. 48- 5941.1 PROPERTY DESCRIPTION: A PARCELOF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN 889083'05'W, ALONG THE NORTH LINE OF SAID SECTION 1.6 FOR A DISTANCE OF 1,148.91 FEET; THENCE RUN S14942'31"YV,FOR A, DISTANCE OF 51,72 FEET T0, THE OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE 814'40311W, FOR A DISTANCE OF 555.22 FEET; THENCE RUN N75'10'26"W; FOR A DISTANCE OF 29.91 FEET; THENCE RUN Ni.4'42'04'E, FOR A DISTANCE OF 547.22 FEET; THENCE RUN N89'5TOS'E, FOR A DISTANCE OF 31,02 FEET TO THE PORT Or QUINNING; CONTAINING 0.38 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO. EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST,.COLUER COUNTY, FLORIDA AS BEING 3.89 *1ST05 "W. HOLE MONTES, IND. CERTiFI ATE OF' AUTHORIZATION LB # 1772 BY .. P.S.M. #5628 THOMM.M. MURPHY f STATE OF FLORIDA unt »eu »xmw►vax.coc ltaPlas Fat Myer %*09 EXHIBff Agenda Item NaaG � & $ A LL) §/ «& �| }� {/ � ■�� . HOT »w__ 2Li@!I= Januar 2 12 OZ 33 J 518 g e � tI .R k § §§ � k . � 'f |■ § § �/; ƒ R s o ez / §| L \Q�S 17a § ® @ . |� �© '� m■g k Jeff § , �� ■�K /,- � ] _t. a � & $ A LL) §/ «& �| }� {/ � ■�� . HOT »w__ 2Li@!I= Agenda Item No. 8G January 23, 2007 Page 333 of 516 .950 Enome Way I Neyleo. FlosWa 34110 • plgtA; 439,256,2000 • Fex; 239.254,207b HM PROJECT 01995.087 9/15/06 REF. DWG. 08.5942.1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION'OF SECTION 16, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00107'34 "E, ALONG THE EAST LINE OF' SAID .SECTION 16, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEEQINNINQ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE 600'034'E, FOR A DISTANCE OF 20.00 FEET; THENCE RUN•889163105'W, FOR A DISTANCE, OF 1;193,17 FEET; THENCE RUN N14042'04'E, FOR A DISTANCE OF 20.69 FEET; THENCE RUN N891631051E, FOR A DISTANCE OF 1,167,88 FEET TO THE POINT OF BEGINNING: CONTAINING 0,55 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE.26 FAST, COLLIER COUNTY. FLORIDA AS BEING S.00 °07'34'E. HOLE MONTES, INC, CERTIF. ,ATEO,F AUTHORIZATION LB.# 1772 BY- - �{y� = =� P.S.M. #5828 THOMAS M. MURPHY STATE OF FLORIDA 91N3s4"$"wn0-iwL0w NWo - Fat Myers -Venice EXHIBIT 3' c Y/ / Agenda Item No aG January 23, 2007 Paqe 334 of 516 . � 00 d a) ! 2 0 o§W' 0 o_.JO _ _m mkmmm_do _ E & § ! \ $ wd00 \ Cq c < uwu | J 0 LdRP� z co 0 4 nmz | j92u %n m K % \ % ■� iLi � $ §$® § » k ■■ .ƒ % 22 . $ |z \ RN ( �k L°' . $ q ■� � ~ § e . 2 LLJ§ «k ! A H . 0. CL A,14P"-.)(a_._. -_._ _ _I.O¥_m ■2g� �� MAHIBIT . . Agenda Item No. 8G January 23, 2007 Page 33A ar o i n /h n o U d o a i �y Q us b) w d� o ° 1 i ' 1 1 1 . . I , 1 • • 1 1 1 • 1 1 ,.' ,./ f f ♦ / ' , 1 ` 1 ` , I . 1 • , 1 1 ., 1 , ' , ' , ' `1 • ♦ 1 1 ♦ 1 / 1 ♦ • ! 1 1 1 1 r / • 1 1 / t i 1 1 / 1 / 1 1 1 / . 1 • 1 1 • 1 1 1 1 . • 1 / • ♦ ♦ 1 ♦ , 1 1 1 1 1 • 1 1 • I ♦ 1 ♦ i f 1' / • . • . 1 1' 1 1 1 1 1 / 1 1 1. 1 • ♦/• 1` r' 1 /'♦♦ 1 ., r. 1 1 i Y 1 r 1• 1♦ 1 ♦ 1 1 1 1/ r / 1 1 1 1 1 ♦, t f l l ♦ 1 1. 1 •l7{ ' , • ' ' f 1 I 1 1 ' 1 . 1 . 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LLJ CX Z_ V) V h Agenda Item No. 8G January 23, 2007 Page 336 of 516 TERAFINA ON -SITE MITIGATION PRELIMINARY COST ESTIMATE SFWMD PERMIT APPLICATION NO. 11- 02055 -P October 5, 2006 Maintenance is for five years at $150,00 /acre (5 x $150.00 = $750.00) 'Monitoring is for five years at $.10,000.00 /year (5 x $1 0,000.00 = $50,000.00) APPLICATO NUMBER 0607 13 -9 Passarella, and Associates, Inc. #030LH856 10/05/06 ADD /REVIS,ED SUBM►7�A�. OCT -620M '--C SERVICE ENTEO . A •�� Cfntt Price ;Cost ,�2latly.�)h�t , ,' 1 Clear and grub mechanical 104.34 AC $ 2,500.00 $ 260 850.00 2 Clear and grubby hand — exotic removal /herbicide 180.07 AC $ 1,500.00 $ 270, i 05.00 3 Excavation. - Grading of wetland enhancement 337,670 CY $ 1.75 $ 590,922.50 Mechanical Clearing 4 Plantings -- Trees and 23,230 EA $ 7.00 $ 162,610.00 Shrubs Mechanical Clearing 5 Plantin s— Ground Cover 504,522 EA $ 0.50 $ 252,261.00 6 Supplemental Plantings — Trees and Shrubs 43,813 EA $ 5.00 $ 219,065.00 ;supplemental Plantings -- 7 Ground Cover 123,287 EA $ 0,50 $ 61,643,50. Sub -Total $1,817,457.01) 8 Maintenance 5 Years 284.41 AC $ 750.00 $ 213 307.50 9 Monitoring 5 Years 1 LS $ 50,000.00 $ 50 000.00 Sub -Total $ 263 307.50 TOTAL $2,080,764.50 Maintenance is for five years at $150,00 /acre (5 x $150.00 = $750.00) 'Monitoring is for five years at $.10,000.00 /year (5 x $1 0,000.00 = $50,000.00) APPLICATO NUMBER 0607 13 -9 Passarella, and Associates, Inc. #030LH856 10/05/06 ADD /REVIS,ED SUBM►7�A�. OCT -620M '--C SERVICE ENTEO . A •�� z 5 �iFi*9 T d� Q 1 06102 Form 1105 STATE OF FLORIDA PERFORMANCE BOND TO DEMONSTRATE FINANCIAL ASSURANCE Date Bond executed: Effective date Principal: G.L. Homes of Naples Associates 11, Ltd., a Florida limited partnership Legal Name and Business Addrms of 11rin6pal 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323 Type of Organization: State of Ineorporation:Florida ❑ Individual ❑ Joint Venture Partnership ❑ Corporation Agenda Item No. 8G January 23, 2007 Page 337 of 516 ADD/REVISED SUBMIM OCT - 6 2006 LWC SERVICE CENTER License and Registration: The Surety is licensed and registered in the State of Florida. Surety(ies): Names) and 1luslucss Addresses) APPLICATION NUMBER 060.'13-9 Scope of coverage: Mitigation, maintenance and monitoring pursuant,.to_the requireirtents of permit number 11- 02055 -1' issued by the South Florida Water Management District ( "District") including the plans approved by said permit. Total penal sum of Bond: $2,288,$40.95 Surety's Bond number: Period of Coverage: This Bond shall continue to be effective until notification of final release by the District. The District shall provide this notification of final release within 30 days of determining the 1 /3 pt6 M 06/02 Form 1105 Agenda Item No. 8G January 23, 2007 Page 338 of 516 mitigation is successful in accordance with subsection 4.3.6, B.O.R., incorporated by reference into Rule 40E- 4.091, Florida Administrative Code. KNOW ALL PERSONS BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto are firmly bound to the District in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Sureties are corporations acting as co- sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against -any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall successfully complete mitigation, maintenance and monitoring to the satisfaction of the District which this Performance Bond ('Bond ") guarantees, as required by District permit number 11- 02055 -P and the plans approved by such permit, as such permit and plans may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended, Or, if the Principal shall provide alternate financial assurance, as specified in the administrative rules of the District, and obtain the District's written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the District from the Surety(ies), then this obligation sliall be null and void, otherwise it is to remain in full force and effect. The Surety(ies) shall become liable on this Bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Director of the Natural Resource Management Department of the District that the Principal has been found in violation of the requirements of permit number 11- 02055 -P by failing to perform the mitigation, maintenance and monitoring activities for which this Bond guarantees performance, the Surety(ies) shall, within 60 days of receiving such notice, either perform such construction and implementation in accordance with the permit and other permit requirements and pursuant to the written directions of the District, or place the Bond amount guaranteed for the mitigation, maintenance and monitoring (the total penal sum of this Bond) into a standby trust fund as. directed by the District. Upon notification by the Director of the Department of Resource Management of the District that the — Principal has failed to provide alternate financial assurance and obtain written approval of such assurance from the District during the 90 days following receipt by both the Principal and the District of a notice of cancellation of the Bond, the Surety(ies) shall place funds in the amount guaranteed for the mitigation, maintenance and monitoring (the total penal sum of this Bond) into a standby trust fund as directed by the District. APPLICATION NUMBER EX P 'BIT 06 0,713-9 - 1.g 2V3 ADD/REVISED SUBMITTAL OCT-&20M LWC SERVICE CENTER Agenda Item No. 8G January 23, 2007 Page 339 of 516 06/02 Form .1105 The Surety(ies) hereby waive(s) notification of amendments to the mitigation plans, permits, applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in any way alleviate its (their) obligation on this Bond. The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum shown on the face of the Bond, but in no event shall. the obligation of the Surety(ies) hereunder exceed the amount of said penal sum. The Principal may terminate this Bond by sending written notice to the Surety(ies); provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the Bond by the District. Principal and Surety(ies) hereby agree to adjust the penal sum of the Bond every two years so that it guarantees increased or decreased mitigation, maintenance and monitoring cost provided that no decrease in the penal sum takes place without the written permission of the District. 117 WITNESS WHEREOF, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above. The persons whose signatures appear below hereby certify that they are authorized to execute this Bond on behalf of the Principal and Surety(ies). PRINCIYAL CORPORATE SURETX(IES) For cacti co- surety provide the Following: Signature Alan J. Falit, Vice President Type Namo and Tltle APP! tCAPON NUMBER U6Q71S °9 1-% Corporate Seal Name and Address State of Incogmration Liability Limit $ signature Type Naine and Title Corporate Seal ADDIREVISED SUBMITTAL OCT - 6 2006 I LWC SERVICE CENTER Y'V41BIT EXHIBIT E Urban Stormwater Management Program [See Attached 6 Pages] Agenda Item No. 8G January 23, 2007 Page 340 of 516 EXHIBIT4.0 URBAN STORMWATER MANAGEMENT PROGRAM FOR SATURNIA FALLS 1.0 Introduction_ Agenda Item No. 8G January 23, 2007 Page 341 of 516 This document provides details of the Urban Stormwater Management Program for Saturnia Falls located in Naples, Florida Collier county (Section 16, Township 48S, Range 26E). This Plan discusses non - structural controls, intended to Improve the quality- of stormwater runoff by reducing the generation and accumulation of potential stormwater runoff contaminants at or near the respective sources for each constituent; along with significant structural components of the primary.stormwater treatment system. Although many of the methodologies and procedures outlined in this document are general Best Management Practices (BMP's) which can be useful in attenuating pollutants in many types of urbanized settings, the Implementation of these practices has been optimized, to the maximum extent possible, to reflect the unique character of Saturnia Falls and the surrounding hydrologic features, Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance of the stormwater management and treatment system; (5) routine water quality testing; and (6) construction. activities. A discussion of each of .these activities is given in the following sections: 2.0 Nutrient and Pesticide Management Nutrient and pesticide management consists of a series of practices designed to manage the use of fertilizers and pesticides so as to minimize loss of these compounds into stormwater runoff and the resulting water quality impacts on adjacent waterbodies. Implementation of a management plan will also maximize the effectiveness of the nutrients and pesticides that are applied. Each homeowner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface waters. The guidelines Included In this section are intended to help homeowners make educated environmental choices regarding the maintenance of individual yards within the community. These maintenance and management guidelines are meant to promote an attractive neighborhood that preserves the health of adjacent waterways and environmental features. 2.1 General Reaulrements A landscape plan must be developed for each residence. The plan must be comprehensive in nature and follow the landscape design guidelines established by the Homeowners Association and must promote revegetatlon of each lot as quickly as possible. Commercial applicators of chemical lawn products must register with the Homeowners Association annually and provide a copy of their current occupational license, proof of business liability insurance, and proof of compliance with applicable education and licensing requirements. individual employees working under the direction of a licensed commercial -- applicator are exempt from the educational requirements. H: \1995\19950671wP\Permlt \Urban stormwater Management Program v21.DOc Agenda Item No. 8G January 23, 2007 Page 342 of 516 Only registered commercial applicators and Individual lot owners are permitted to apply chemicals within the property on a private lot. All chemical products must be used in accordance with the manufacturer's recommendations. The application of any chemical product within five (5) feet of any surface water including but not limited to ponds, lakes, drainage ditches or canals, is prohibited. The use of any chemical product in a manner that will allow airborne or waterborne entry of such products into surface water is prohibited. This rule shall not apply to the use of chemical agents, by certified lake management specialists, for the control of algae and vegetation within the stormwater lakes or ponds. 2.2 Nutrient Management Program Management and application of nutrients and fertilizers in Saturnia Falls will adhere to the following guidelines: A, All fertilizers shall be stored in'a dry storage area protected from rainfall and ponding. B. No fertilizer containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label (as defined by Chapter 576, Florida .Statutes) shall be applied to turf grass unless justified by a soil test. C. Fertilizer containing in excess of 2% phosphate /phosphorus (P206) per guaranteed .analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of a drainage facility. D, All fertilizer shall be applied such that spreading of fertilizer on all impervious surfaces Is minimized, E. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label shall not be applied thorough an irrigation system within 10 feet of the edge of water or within 10 feet of a drainage facility. F. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label shall not be applied through high or medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully attack landscaping, Several general guidelines follow: A. Apply fertilizer and water only when needed and in moderate amounts. Excessive amounts of either can cause rapid growth that is attractive to insects and disease. B. Mow St. Augustine grass to a height of 3-4 inches. If cut shorter, the plants may become stressed and more vulnerable to pest infestation. Each mowing should remove. no more than one -third of the leaf blade, and those cuttings should remain on the lawn to decompose. C. It is recommended that pesticides, fungicides, and herbicides be used only in response to a specific problem and in the manner and amount recommended by the manufacturer to address the specific problem. Broad application of pesticides, fungicides and herbicides as a preventative measure Is strongly discouraged. HAI99W 99508AWPNPerrnRNUrban Slormwater Management Prograrn_QI DOC Agenda Item No. 8G January 23, 2007 Page 343 of 516 The use of pesticides, fungicides, or herbicides is limited to_ products that meet the following criteria: A. Must be consistent with the USDA -NRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA - approved D. The half -life of products used shall not exceed seventy (70) days 3.0 Street Sweeping This practice involves sweeping and vacuuming the primary streets to remove dry weather accumulation of pollutants, especially particulate matter, before wash -off of these pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving waterbodies by removing particulate matter and associated chemical constituents. Although street cleaning operations are frequently conducted primarily for aesthetic purposes, the primary objective of the street sweeping program for the Saturnia Falls is to Improve the quality of stormwater runoff generated from impervious traffic areas, Street sweeping activities can be particularly effective during periods of high leaf fall by removing solid leaf material and the associated nutrient loadings from roadside areas where they could easily become transported within stormwater flow. Street sweeping operations will be performed In Saturnia. Falls at a minimum frequency of one event every other month. A licensed vendor using a vacuum -type sweeping device will perform all street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will be the- responsibility of the street sweeping vendor. 4.0 _Solid Waste Management In general, solid waste management involves issues related to the management and handlitig of urban refuse, litter and leaves that will minimize the impact of these constituents as water pollutants. Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises prior to collection is considered the responsibility of the individual homeowner. Local requirements for refuse collection wlil be brought to the attention of every homeowner at closing for the sale of the property. information will be distributed as necessary stating specifications for containers, separation of waste by type, where to place containers prior to collection, and established collection schedules. Fallen tree leaves and other vegetation, along with grass clippings, may become direct water pollutants when they are allowed to accumulate in swales and street gutters. All homeowners will receive periodic educational materials that address proper disposal of leaves and other vegetation to minimize water quality impacts. 3 H:19996\19950871wP\PermlriUrban Stormwater Management Program v21.DOC Agenda Item No. 8G January 23, 2007 Page 344 of 516 5.0 Stormwater Management and Treatment System The stormwater management system for Saturnia Falls is designed to maximize the attenuation of Stormwater generated pollutants prior to discharge to the off -site wettand .systems. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1 Wet Detention Lakes and Lake Interconnect Pipes The basic element of the stormwater management system consists of a series of interconnected wet detention ponds that provide stormwater treatment through a variety of physical, biological, and chemical processes. A wet detention pond acts similar to a natural lake by temporarily detaining stormwater runoff, allowing opportunities for treatment processes to occur, prior to slow controlled discharge of the treated water through the outfall structure. Pollutant removal processes in wet .detention systems occur during the quiescent period between storm events. Significant removal processes Include gravity settling of particulate matter; biological uptake of nutrients and other ions by aquatic plants, algae and microorganisms; along with natural chemical flocculation and complexation processes. Maintenance of the wet detention ponds will consist of an annual inspection. During each annual. inspection, the following items will be reviewed and corrected as necessary: A. Inspect the outfall structure and orifices to ensure free - flowing conditions and overall engineering stability of the outfall system. B. Review the banks of the lakes and canals to ensure proper side slope stabilization and inspect for signs of excessive seepage that may indicate areas of excessive groundwater flow and possible subsurface channeling. C. Physically .evaluate each of the lakes and canals for evidence of excessive sediment accumulation or erosion. D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired vegetation species, percent coverage, and density are maintained. At the completion of the Inspections, a written Inspection report will be prepared, listing any deficiencies that need to be addressed or corrected by the Homeowners Association. 5.2 Stormwater Inlets. Pines and Culverts The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for any accumulation of sediment, trash such as garbage bags, or debris in the culverts connecting these inlets. Flushing out with a high - pressure hose may clean some sediment. Any noted blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further investigation. Crushed or corroded culverts should be replaced with new ones of the same size. t (rl > (+s, i J r. � k% is l 4.4 HA1 99511 99 508 71WRPerrn1ftUrban Stormwater Management Program v21.D0C Agenda Item No. 8G January 23, 2007 Page 345 of 516 5.3 Swales and Grassed Water Storage Areas These provide for conveyance and/or above - ground (or surface) storage of stormwater. With age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded and/or revegetated. It Is a good idea to compare the existing slope and dimensions of the swale with the permitted design plans prior to the removal of excess sediment or regrading. Areas that show erosion should be stabilized with appropriate material such as sod, planting, rock, sand bags, or other synthetic, geotextile material. Regular mowing of grass swales is essential. These areas also improve water quality by catching sediment and assimilating nutrients, and recharge the underground water table. Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked for blockage, and, If necessary, flushed with a high- pressure hose. After a storm, swales may remain wet for an extended period of time. This is normal and the water will recede gradually. 5.4 Ditches or Canals Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags, shopping carts, tires, cars, etc, should be completely removed. Also check to make sure there are no dead trees or any type of obstructions which could block the drainage flow way. Maintenance cleaning /excavation must be limited to the same depth, width and side slope as approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit modification. Provisions must also be made to prevent any downstream silting or turbidity (Contact the SFWMD Resource Compliance staff if you are unsure or need clarification.) Be sure to dispose of all removed material properly so it won't affect any other water storage or conveyance system, environmental area, or another owner's property. 5.5 Outfall Structure (also called the Discharged Control Structure or Weird The outfali structure should be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or vegetation impeding water flow through the structure should be removed. The structure should have a "baffle" or trash collector to prevent flow blockage and also hold back any floating oils from moving downstream. Elevations and dimensions should be verified annually with all current permit information. Periodic inspections should then be regularly conducted to make sure these structures maintain the proper water levels and the ability to discharge. 5.6 Earthen Embankments (Dikes and Berms Check for proper elevations, width and stabilization. Worn down berms - especially if used by all - terrain vehicles or equestrian traffic — and rainfall -- created washouts should be Immediately repaired, compacted and re- vegetated. 5 H: \1995\1995067\WP \Permit\Urban Stormwater Management Program,w21.DOC Agenda Item No. 8G January 23, 2007 Page 346 of 516 6.0 Water Qualitv Testin To ensure proper operation of the overall treatment system, monitoring will be performed at one outfall (SW -1) from Saturnia Falls if there is a flow over the weirs. According to the proposed Water Quality Monitoring Plan, monitoring may occur 3 times a year, once during the dry season (February[March) and twice during the wet season (August/September), A manual grab sample will be collected at the SW -1 outfall location and analyzed for various constituents and parameters as described in the Surface Water Quality Monitoring Plan. Trained and certified personnel will perform sample collection and laboratory analysis. The results of the laboratory analyses will be submitted to South Florida Water Management District as part of an annual water quality monitoring report by December 31 of each year. 7.0 Construct!— Activities A Stormwater Pollution Prevention Plan (SWPPP) has been prepared for construction activities to minimize activities contamination that may be caused by erosion and sedimentation during the construction process. The plan includes provisions related to soil stabilization, structural erosion controls, waste collection disposal, offsite vehicle tracking, spilt prevention and maintenance and inspection procedures. A copy of the SWPPP is attached hereto and made a part of hereof. Ell' 4.6 H:11 9 9 511 9 95Q8riWPlPermit\Urban Stormwater Management Program v21.DOC Agenda Item No. 8G ' OCT Z 6 2006 CONTROL STRUCTURE AGREEMENT LWC SERVICE CENTER THIS CONTROL STRUCTURE AGREEMENT (the "Agreement") is made and en-w6a— IhT61hi ' — " "' .. 261h day of October, 2006, by and among SOUTH FLORIDA WATER MANAGEMENT DISTRICT /BIG CYPRESS BASIN, a public corporation of the State of Florida, whose mailing address is 3301 Gun Club Road, West Palm Beach, Florida 33406 (the "District"), G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, whose mailing address is 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323 ( "Naples 11 "), and SATURNIA FALLS HOMEOWNERS ASSOCIATION, INC., a not - for -profit Florida corporation (the "Association "). The District, Naples II and the Association are sometimes referred to herein individually as a "Party" and collectively as the "Parties ". WITNESSETH WHEREAS, the District Is an agency of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated In Chapter 373, Florida Statutes (including, without limitation, the right and authority to enter Into contracts pursuant to Section 373.083, Florida Statutes); and WHEREAS, Naples II is the owner of that certain land situated In Collier County, Florida more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property") upon which Naples it intends to develop and construct a residential community commonly known as "Saturnia Falls" (the "Community'); and WHEREAS, the Association is the entity that has been formed to administer, operate, maintain and ultimately own the common areas of the Community pursuant to that certain Declaration of Covenants, Restrictions and Easements for Saturnia Falls. (as the same may be amended, modified and/or supplemented from time to time, the "Declaration") to be recorded in the Public Records of Collier County, Florida against that portion of the Property comprising the Community; and WHEREAS, Naples 11 Intends to construct two (2) water control structures (individually a "Control Structure" and collectively the "Control Structures ") within the Community with one Control Structure being constructed within that portion of the common area of the Community more particularly described on Exhibit "B" attached hereto and made a part hereof, and one Control Structure being constructed within that portion of the common area of the Community more particularly described on Exhibit "C" attached hereto and made a part hereof; and WHEREAS, after the Control Structures have been constructed by Naples 11, the (a) District shall have the right, duty and obligation to operate the Control Structures, and (b) Association shall have the right, duty and obligation to maintain, repair and replace the Control Structures in accordance with and as provided in this Agreement and the Declaration; and WHEREAS, the Parties now seek to enter into and execute this Agreement to set forth their respective rights, duties and obligations with respect to the construction, operation, maintenance, repair and replacement of the Control Structures. NOW, THEREFORE, in consideration of Ten and No /100 ($10.00) Dollars and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by this reference. 2. Construction of the Control Structures. Naples II shall, at its sole cost and expense, design, permit and construct the Control Structures in accordance with all applicable statutes, rules, regulations, ordinances, codes, permits and approvals. Naples 1l shall design and construct the Control Structures with a telemetry system that is compatible with the District's Big Cypress Basin Service Center operations. The Control Structures, after they have been constructed by Naples 11, shall be "Association Property" (as defined In the Declaration) that is owned by the Association and maintained, repaired and replaced by the Association in accordance with and as provided In this Agreement and the Declaration. Or"R i'�'.� 1 o APPLICATION NUMBER 09 fl 7 7 a. n Agenda Item No. 8G January 23, 2007 Page 348 of 516 Naples Ii shall have no duty, obligation or liability to operate, maintain, repair or replace the Control Structures once the same have been completed and become Association Property, 4. Operation of the Control Structures. After the Control Structures have been constructed by Naples 11, the District shall, at its sole cost and expense, operate the Control Structures in accordance with: (a) the "Operating Schedule" set forth on the engineering plans prepared by Hole Monies for the community; (b) applicable statutes, rules and regulations; and (c) its own standard business practices. in that regard, Naples II and the Association hereby give and grant the District the right and authority to so operate the Control Structures Including, without limitation, the right to come into the Community pursuant to the grant of easement set forth in paragraph 6 below. 5. Maintenance of the Control Structures. The Association shall, at its sole cost and expense, maintain, repair and replace the Control Structures as necessary to keep the Control Structures In good working order, condition and repair. If, however, the Association fails to maintain, repair or replace the Control Structures in accordance with and as provided in this Agreement and /or the Declaration, then the District shall have the right to: (a) enter the Community pursuant to the grant of easement set forth in paragraph 6 below and perform any such maintenance, repair and /or replacement work at the cost and expense of the Association, and the Association shall promptly reimburse the District any fees, costs and /or expenses Incurred by the District in performing the same; or (b) commence an action against the Association (Including, without limitation, monetary penalties and injunctive relief) to compel the Association to maintain, repair and /or replace the Control Structures in accordance with and as provided in this Agreement and /or the Declaration. 6. Grant of Easement. Naples II and the Association hereby give and grant to and in favor of the District a perpetual, nonexclusive ingress, egress and access easement over and across all private streets and dedicated access easements located within the Community that are created by any plat of the Property so that the District can obtain ingress, egress and access to and from the Control Structures at all times in order for the District to exercise any of Its rights, duties and /or obligations under this Agreement and /or in the Declaration. 7. Notices. All notices to be given under this Agreement shall be in writing and sent to the Parties at the addresses hereinafter provided, by hand delivery; certified mail, return receipt requested, postage prepaid; or by a nationally recognized overnight courier service. Any such notice shall be deemed given upon receipt if hand delivered (or attempted delivery if refused by the intended recipient thereof); on the third (3rd) day following deposit thereof In the United States mail provided such mailing was by certified mail, return receipt requested, postage prepaid; or on the next business day after deposit with a recognized overnight courier service. If to the District: South Florida Water Management District/Big Cypress Basin 3301 Gun Club Road West Palm Beach, Florida 33406 Attn: Division of Procurement and Contract Administration ff"HIBIT -� t If to Naples II: G.L. Homes of Naples Associates II, Ltd. 1600 Sawgrass Corporate Parkway, Suite 300 Cc Sunrise, Florida 33323 XU I tl Attn: Division President c�a With a copy to: G.L. Homes of Naples Associates 11, Ltd, r 1600 Sawgrass Corporate Parkway, Suite 300 c� 4 Sunrise, Florida 33323 F= ,� Attn: General Counsel o If to the Association: Satumia Falls Homeowners Association, Inc. D 1600 Sawgrass Corporate Parkway, Suite 300 E o Sunrise, Florida 33323 Attn: President With a copy to: G.L. Homes of Naples Associates II, Ltd. ff"HIBIT -� t LU L 0��icc-uo)-J � W 4 ':C 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, Florida 33323 Attn: General Counsel 8. Miscellaneous. Agenda Item No. 8G January 23, 2007 Page 349 of 516 (a) This Agreement shall be construed and governed In accordance with laws of the State of Florida, and in the event of any litigation hereunder, the venue for any such litigation, shall be in Collier County, Florida, and in any such litigation, the prevailing Party shall be reimbursed by the non- prevailing Party all fees, costs and expenses (including, without limitation, all reasonable attorneys' fees and costs at all trial and appellate levels and proceedings) incurred by the prevailing Party therein. The Parties have participated fully in the negotiation and preparation of this Agreement, and accordingly, this Agreement shall not be more strictly construed against any one of the Parties. In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise Invalid, such provision shall be either stricken or given its nearest legal meaning (as such authority determines), and the remainder of this Agreement shall remain in full force and effect. to construing this Agreement, unless the context clearly and unambiguously intends otherwise, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender. (b) The Parties agree that this Agreement may be executed in multiple counterparts, each of which individually shall be deemed an original, but when taken together shall be deemed to be one and the same Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces any other or prior agreement or understanding of the Parties with respect to the matters contained herein. This Agreement may not be amended, modified or terminated except in writing signed by the Party against whom enforcement of such amendment, modification or termination Is sought. No waiver of any term, provision, condition, covenant or agreement herein contained by a Party shall be effective unless set forth in a writing signed by such Party, and any such waiver shall be effective only to the extent set forth in such writing. The failure to exercise or the delay in exercising any right, power or privilege by a Party hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any right or remedy provided at law or in equity. (c) The headings of the sections, paragraphs and subparagraphs of this Agreement are for the convenience of reference only, are not to be considered a part hereof and shall not limit or otherwise affect any of the terms or provisions of this Agreement. This Agreement shall become effective on the date on which the last of Parties execute the same. Whenever in this Agreement one of the Parties is named or referred to, the heirs, legal representatives, successors and assigns of such Party shall be included, and ail terms, conditions, covenants and other provisions contained in this Agreement shall be binding upon and inure to the benefit of each Party's respective heirs, legal representatives, successors and assigns. APPLICATION NUMBER 060'713 "9 [signature follows on next page] V SAD S�B��AL SERVICE GE�r LW G _ __ -----' 3 EXHIBITS =b�- Agenda Item No. 8G January 23, 2007 Page 350 of 516 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above. Witnesses: Print: Print: Print: Print: NAPLES II: G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership By: G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation, Its general partner By: Name: Its: Date: ASSOCIATION: SATURNIA FALLS HOMEOWNERS ASSOCIATION, INC., a not-for-profit Florida corporation By:� Name: L)o - e Its: �i�.filfe.�t Date: �Dlz��lvt, SFWMD: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Name: Its: Executive Director Executed on: Form Approved By: 4 SFWMD Legal Counsel Date Agenda Item No. 8G January 23, 2007 Page 351 of 516 EXHIBIT "A" The Legal Description of the Property All of Section 16, Township 48 South, Range 26 East, excepting the west 80' thereof. EXMIBIT,S�O`] 5 Agenda Item No. 8G January 23, 2007 Page 352 of 516 EXHIBIT "B" The Legal Description of location of one (1) Control Structure Tract L -4 of Saturnia Falls - Plat One, according to the Plat thereof, to be recorded in the Public Records of Coiiler County, Florida. EXHIBIT 5' L5 2 Agenda Item No. 8G January 23, 2007 Page 353 of 516 EXHIBIT "C" The Legal Description of location of one (1) Control Structure Tract OS -3 of Saturnia Falls - Plat One, according to the Plat thereof, to be recorded in the Public Records of Collier County, Florida. 7 EXHIBIT3"Q� Agenda Item No. 8G January 23, 2007 Page 354 of 516 STAFF REPORT DISTRIBUTION LIST SATURNIA FALLS (F,K,A TE RAF INA P.U.D) Application No: 060713 -9 Permit No: 11- 02055 -P INTERNAL DISTRIBUTION X Edward Cronyn - 2261 X Pakorn Sutitarnnontr, P.E. - 2261 X William Foley, P.E. - 2261 X A. Bain - 4250 X A. Waterhouse - 4220 X Bill Foley -6861 X C. Tears - 6861 X ERC' Engineering - 6861 X ERC Environmental - 6861 X Fort Myers Backup File - 6861 X J. Golden -4210 X Permit File GOVERNING BOARD MEMBERS Mr. Harkley R. Thornton Mr, Kevin McCarty Mr, Lennart Lindahl Mr. Malcolm S. Wade, Jr. Mr. Michael Collins Mr. Nicolas Gutierrez, Jr. - Ms. Alice J Carlson - Ms. Irela Bague. - Ms. Miya Burt- Stewart EXTERNAL DISTRIBUTION X Permittee - G.L. Homes Of Naples Associates 11, Ltd. X Agent - Hole Montes Inc, X Attorney - Quarles And Brady Lip X Attorney - Ruden, Mcclosky, Smith, Schuster, Russel, P.A. X Engr Consultant - Taylor Engineering Inc. X Env Consultant - Passarella And Associates, Inc. X Other Interested Party - Banks Engineering GOVERNMENT AGENCIES X Collier County - Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 4 - FDEP X FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section X Stan Chrzanowski - Collier County X Susan Mason - Collier County OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee X Banks Engineering - David R Underhill X Brian Farrar - Ronto Homes X Conservancy of Southwest Florida X Florida Audubon Society - Brad Cornell X Florida Wildlife Federation -Nancy Anne Payton X Franklin Adams X Leonore Reich X National Audubon Society, Inc.. X National Wildlife Federation - Laura Hartt X Robert Claussen - I.M. Collier, J.V. X Ronald Waldrop, P.E, X S. W, F. R. P. C. r ' 'TVA VI AgendaA$" 54 Jan Page�5V5 of 514,0 � A SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686.8800 • PL WAi51 -800 432 -2035 TDO (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Reach, FL 33416 -4680 • wwwsfwmd.gov March 3, 2004 GLH Development, LLLP 1401 university Drive — Ste 200 Coral-Gables,,FL 33071 Subject: Application No. 030709 -15, Terafina PUD Collier County, S16/T48S/R26E HtCEIVED MAR 0 5 204 - ' HOLE MONIES, INC. Enclosed is a copy of the South Florida Water Management District's staff report covering the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff report will be presented to our Governing Board for consideration on Wednesday, March 10, 2004 beginning at 8:30am at Parrot Jungle Island, 1111 Parrot Jungle Island Trail, Miami. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights") to: Elizabeth 'Veguilla, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416 -4680 The "Notice of Rights" addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. You are advised, however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 3r day of March, 2004 in accordance with Section 120.60 (3), Florida Statutes: Sincerely, Damon Meiers, P.E., Deputy Director Environmental Resource Regulation Department DM /gh CERTIFIED 47002 3150 0003 3738 9344 RETURN RECEIPT REQUESTED PUDEX- 2006 -AR -9610 REV: 2 Project: 2002050014 Date: 8/7/06 DUE: 8/21106 EXECUTIVE OFFICE GOVERNING 80ARO Nicolas J. Guti6ne7, Jr., Esq., Ornir Michael Collins Kevin McCartY Henry Dean, Exrtr+tirle Director P.mpk Rmnk%. Tlhnrnas. Vice -Grnir 1 -3agii M. Tngiish Earkley R. Thornton Section 120.569(1), Fla. Stat. (1999), requires that "each nc judicial review that is available under this section, s. 120.E followed to obtain the hearing or judicial review, and shall stf Rights Is not Intended to provide legal advice. Not all the appropriate remedy. You may wish to consult an attorney reC Petition for Administrative Proceedings 1. A parson whose substantial interests are affected by the South Florida Water Management District's ( SFWMD) action has the right to request an administrative hearing on that action. The affected person' may request either a formal or an Informal hearing, as set forth below. A point of entry Into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing; if a genuine issue(s) of material fact Is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial Interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Slat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or Intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of the .which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Slat, or for mediation pursuant to Section 120.573, Fla. Slat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or Intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a "copy of the which Is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Slat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. Agenda Item No. 8G January 23, 2007 Page 356 of 516 ,e shall inform the recipient of any administrative hearing or or s. 120.68; shall Indicate the procedure which must be the time limits which apply." Please note that this Notice of igal proceedings detalled below may be an applicable or ding your legal, rights. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, *Fla. Slat., and Rule 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a, or b. above. e. Emargency Authorization and Order: A person whose substantial Interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Slat., as provided in subsections a, and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28- 107.005 and 40E- 1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Slat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension Revocation Annulment, and Withdrawal: if the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Slat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. . 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFW MD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August, 2000 any- such final decision of the SFWMD shall have, pursuant to Rule. 40E- 1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing.. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant. to Rule 40E- 1.511(4), Fla. Admin. Code, substantially affected persons entitled to. a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Hoard pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with ail other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of . the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court In the judicial circuit In which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any ci tizen of Florida may bring an action for Injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter,373, Fla. Stat., and Title 40E, Fla, Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which tho complaining party is affected. if the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining Early may then file a civil suit for Injunctive relief in the 15 Judicial Circuit In and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circult court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. Agenda Item No. 8G January 23, 2007 Page 357 of 516 DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 In the Fourth District Court, of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering, of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and.Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determine if such action Is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42 -2.013 and 42- 2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be flied with FLAWAC within 30 days of rendition of the. DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RiGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an- existing use of the real property, or a vested right to a specific, use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term Is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28- 106.111(2), Fla, Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Ravised August, 2000 publication of notice that the SFWMD' has or intends to take final agency action. Choosing mediation will not affect the right to an administrative hearing if mediation does not result In settlement. Pursuant to Rule 28- 106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person' requesting mediation and that person's representative, If any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless Otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28- 106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and, 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who Is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; Agenda Item No. 8G January 23, 2007 Page 358 of 516 (c) The name, address telephone number and any facsimile number of the attorney-or qualified representative of the petitioner, (if any); (d) the applicable rule or portion'of the rule; (e) the citation to the statue the rule is implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner, (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and V) a statement of whether the variance or waiver. is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stall. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and ,b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver Is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28- 106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL. FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. Revised August, 2000 28- 106.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL. FACT) (2) All petitions filed under these rules shall contain, (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial Interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand'for relief. 28- 107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance With this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party Is requesting a hearing involving disputed issues of material fact, or a hearing not Involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42 -2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) in any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named In the rule or order, and on all parties • to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing -completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided In Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; Agenda Item No. 8G January 23, 2007 Page 359 of 51'6 (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (o) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, If the individual or entity requesting the review has not participated In a proceeding previously Instituted pursuant to Chapter 120,. F.S., on the order for which review is sought; . (d) It review of an order Is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises Issues of policy, statutory Interpretation, or rule Interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28. 107.005 EMERGENCY ACTION (1) If the agency finds that Immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) the 14 -day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57, and 120.60, F.S. 40E -1.611 EMERGENCY ACTION (1) An emergency exists when immediate action Is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Revised August, 2000 Last Date For Agency Action.: 11- MAR -2004 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Terafina Pud Permit No.: 11- 02055 -P Application Rio.: 030709 -15 Associated File: 030820 -4 W U 030820 -5 ,WU Application Type: Environmental Resoures (Construction /Operation Modification) -Location: Collier County, S16/T48S /R26E Permittee : Glh Development Lllp Operating Entity : Terafina Homeowners Association, Inc. Project Area: 646.5 acres Project Land Use: Residential Drainage Basin: WEST COLLIER Receiving Body: Cocohatchee Canal via the Mirasol fowway Special Drainage District: NA Total Acres Wetland Onsite: 533.10 Total Acres Wetland Preserved Onsite: 253.04 Total Acres Impacted Onsite: 280.06 Total Acres Presv /Mit Compensation Onsite: 284.41 Mitigation Previously Permitted: Yes Conservation Easement To District : Yes Sovereign Submerged Lands: No Agenda Item No. 8G January 23, 2007 Page 360 of 516 DRAFT Subie to Goming Board Approval_ Class: CLASS III This application requests an Environmental Resource Permit modification to authorize the Construction and Operation of a surface water management system which serves a 421.4 acre residential development within a 646.5 acre parcel. The system discharges to the Cocohatchee Canal via the Mirasol Flowway. App. no. : 030709 -15 Page 1 of 17 Agenda Item No. 8G January 23, 2007 Page 361 of 516 PROJECT EVALUATION: EMMONONVA The project is located a mile north of Immokalee Road, approximately 2 miies east of 1 -75. A location -map Is attached as Exhibit 1. Since the site is rotatively fiat, typically much of the site contains standing water during, and for several months following the end of the rainy season. The majority of the site also appears to be part of a wetland slough system extending to the north and northeast to the- Corkscrew Swamp and to the south and southeast to the Cocohatchee Canal. A description of the wetlands and uplands within the total project area has been described within Application No.- 970923 -12. The wetlands within this project area were authorized for impacts and a mitigation plan was provided. This application adjusts the wetland impacts and mitigation acreages based on errors found in the original. permit's drawings. The change is minor, approximately 5 °/O difference. A minor reconfiguration of the preserve areas is proposed in this application due to the slight revision on the site plan in order to reflect the proposed removal of the golf course and the addition of the lakes. In' addition, due to a slight revision and update of the FLUCCS codes for this total project area, the environmental plans provided as exhibits show some differences compared to -the exhibits provided with Appiication'No. 970923 -12. The revised FLUCCS map for the site Is attached as Exhibit 3.1. A revised wetland Identification map 1s attached as Exhibit 3.2. ° , 23 �•d « it ; �. rt, .Y (� t7 -1��' �ry 'Ii J, +f�i ! tii.''�'?��Y�t �� t!:' :s yi9c';<4t" '�t'1 ,�i :� �nY il!�� y ' �'T, "`�r.iti.ft, y• ,! �! ! , . f.:- An Individual Environmental Resource Permit was issued by the Governing Board in May 2602 for the project. The application associated with that permit was originally denied by the Governing Board in December 1998 after the applicant Indicated that all requested information had been supplied and requested final agency action In accordance with Section 373.4141 F.S. The applicant then elected to pursue mediation through-the process outlined In the Section 120.573 F. S. and after three years, the applicant provided the necessary information to address staff's concerns and the application was submitted to the Governing Board with a recommendation for approval. A General Environmental Resource Permit modification was issued by staff for Logan Blvd. which Iles within the western 80 ft. of the property. The permit was Issued In August 2003. lLr The proposed project consists of single family lots, a recreational area, and a surface water management system, as well as minor revisions to the design of Logan Blvd. The eastern third of the property remains as preserve area and is part of the flowway between the Corkscrew Swamp and the Cocohatchee Canal, commonly known as the Mirasol Flowway. The preserve also contains 23.5 ac. of a conveyance channel which begins on the adjacent Mirasol project (Permit No. 11-02031 -P) and continues south through the Olde Cypress development (Permit No. 11- 01232 -S) discharging into the Cocohatchee Canal. This channel received construction authorization, with limitations, at the February 2002 Governing Board. The surface water management system for the development consists of 11 interconnected lakes which provide water quality storage for the proposed improvements. A single control structure discharges to the wetlands and flowway on the east side of the site. The Mirasol flowway consists of a two basin flowway system, with a 4 ft. deep ribbon lake and two areas at 7 -8 ft. deep. The Upper flowway basin includes a 340' wide weir, with a crest at elevation 13.5' NGVD, which maintains the water table in the upper reaches and prevents the slough from overdraining. The Lower flowway basin, controlled by a 35' wide weir with a crest at elevation 12.75' NGVD, limits the discharge from the flowway, and the contributing developments of Terafina, Mirasol and Parklands Collier, to a rate acceptable for the Cocohatchee Canal The design of the conveyance channel and flowway was based on recommendations in the South Lee County Watershed Plan and the Cocohatchee Canal Phase 4 Improvements Report as well as the results App.no.: 030709 -15 Page 2 of 17 Agenda Item No. 8G January 23, 2007 Page 362 of 516 of discussions with District staff. The analysis, provided by the consultants for the Mirasol development, showed that during the Initial part of the rainy season, the wetland systems within -the flowway carried the - flow between the Corkscrew Swamp and the Cocohatchee Canal with the peak stages contained within the limits of the wetland area. However, In the current condition, as the wet season progressed, the wetland vegetation impeded the conveyance of flow and resulted In elevated water stages which inundated properties adjacent to the wetlands including portions of the eastern half of the proposed project. The design of the flowway was coordinated with Big Cypress Basin staff and the analysis of the Cocohatchee Canal to ensure that no downstream adverse impacts occur in the canal due to the discharge from the channel. Since the original design of the flowway did not anticipate the run -off from the proposed project during the 25 yr. 3 day storm event, revised calculations submitted with the application show no change to the previously identified peak stages for the 25 yr. 3 day and 100 yr. 3 day storm events for the flowway as well as the contributing developments. The applicant previously entered an agreement (see Exhibit 4) with Mirasol which indicated that Mlrasol assumed responsibility for the construction of the Improvements as well as the maintenance of the entire channel and control structure on the Olde Cypress property, that Teraflne. could discharge to the flowway but Intended to discharge directly to the Cocohatchee Canal through double 29" x 45" RCPs, and that if Terafina uses the flowway for an outfall, then It must contribute to the costs of operation and maintenance. The applicant Indicated that discussions with Mirasol regarding the cost contributions are on- going, Special condition No. 19 indicates that no construction can occur until the District receives a copy of any agreement modification regarding the maintenance and operation cost sharing, In addition, Special condition No, 18 indicates that no construction can occur on the site until the Mirasol flowway and associated control structure on the flowway are completed, Logan Blvd., on the western property line of the project and Olde Cypress to the south, provides access to the project, The southern part is currently paved approximately 114 mile north of Immokalee Road. Construction approval with Olde Cypress extended the road to that projects northern property line. Construction plans previously submitted as a modification to the permit for Terafina, during the review of Parklands Collier (Permit No. 11- 02231 -P), Included the portion of the roadway within the project limits. Run -off from the roadway discharged into the surface water management system for Terafina. This application modification proposes minor changes to the cross - section and adjusts the location of some of the interconnecting pipes. The surface water management system for Terafina continues to provide the required water quality treatment for the run -off. U4 "i' -'y'��ar -i4:i"wgY;;yj'f1: i :aa• a;, -,^,y� aa•r -t,,-- X - - - P!f",;P ✓- {` " ;r�7Y tj.� y; ;� ;1 $'{^.I� �J;,,. 7r'gi' rSI ;J't` si A. •l 1 t.,..,.,";,. ;iK�.li.^�i.;£k��,S.��`..(d� {+d �J ii �:.,��ii•�!. iC:, �'�:ctyr�5`�.��.r W�. s`h 1,r�'`i nA3f',f, .r�ji yfl •[f• n,� �:�.��[�:. This phase of construction does not include the Improvements within the 7.21 ac. recreational site. Construction: Project: Previously This Phase Total Project Permitted Building Coverage 42.78 73.74 73.74 acres Golf Course 125.36 Pavement 74.$4 45.46 49.68 acres acres Pervious 56.71 155.12 150.90 acres Preserved 291.20 285.23 2135.23 acres Water Mgnt Acreage 55,80 86.94 86.94 acres App.no.: 030709 -15 Page 3 of 17 Agenda Item No. 8G January 23, 2007 Page 363 of 516 Previously This Phase Total Project Permitted Total: 646.49 646.49 646.49 ��P ^,r'�I` � iilFY±i�crY k4rA:';Lr .j •t" ^iii?, .gip.. ,.1 .,.,`•w •.ry ••�y'.,'YK. I:yv <' �$ h' 7511r� :r::•i'�`Cyj'.;�.:4,.:.:.. .tt.,. '� ' : d'! t+Y:...y{{' �3 .P •6tshi 1� � i•i ' r'. 'ii;jy�Lt' . •i4' i s 4 ; r _ L' 4 G'. "plc• .; 't'�'i91"r .[[•r,• >:n .i*.s�s�'r,: ;:flV•:..1F} ?i "..: r..;l; qs'�:. ..f , %1e:• t:•ir, . Discharge Rate: The site discharge from the Terefina PUD Is based on the flowway design as explained in the Proposed Project section of this staff report. Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall : 11.1 Inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) ( ft, NGVD) Site 291 Other 291 15.7 Finished Floors, As shown In the following table and the attached exhibits, minimum finished floor elevations have been set at or above the calculated design storm flood elevation. Building Storm Frequency: 100 YEAR -3 DAY -Design Rainfall : 1j'd mcnes Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation (ft, NGVD) (ft, NGVD) (ft, NGVD) Site 16.6 16.6 NIA Road Design : As shown in the following table and the attached exhibits, minimum road center lines have been set at or above the calculated design storm flood elevation. Road Storm Frequency,, 25 YEAR -3 DAY Design Rainfall: 11,1 Inches Basin Peak Stage Proposed Min, Road Crown ( ft, NGVD) ( ft, NGVD) Site 15.7 15.7 Parking Lot Design : As shown in the following table and the attached exhibits, or above the calculated design storm flood elevation. Parking Lot Storm Frequency : 25 YEAR -3 DAY Basin Peak Stage ( ft, NGVD) Site 15.7 minimum parking lot elevations have been set at Design Rainfall 11.1 inches Proposed Min.Parking Elev. (ft, NGVD) 15.7 Flood Plain /Compensating Storage: In the existing conditions, the project site provides historic storage for run -off from the eastern part of Lee and Collier County during the middle to fast part of the normal rainy season. The storage is required due App.no.: 030709 -15 Page 4 of W Agenda Item No. 8G January 23, 2007 Page 364 of 516 to the restriction In the natural slough conveyance system through reduction in width,, development to the west and an invasion of exotic species in the slough. As the wet season progresses, the Wetland vegetation impedes the- cbrtveyarrce-of- flow -and the resulting elevated water stages inundate properties adjacent to the wetlands. With the onset of the dry season, 6e slough drains quickly as water table elevations drop. The Mirasol. project included an approximately 200 -250 ft, wide, shallow meandering channel which improves the .conveyance through the wetland slough and iowers the peak stage experienced during the wet season. The channel begins on Mirasol property, across the southeast corner of Wildewood Lakes and then south through the Olde Cypress development finally discharging into the Cocohatchee Canal. In addition. to the flows from Mirasol, the design of the flowway provides a conveyance for the discharge from Parkiands Collier (Permit No 11- 02231 -P). Control structures on the channel limit the discharge to a rate which the Cocohatchee Canal can accept and restrict the discharging of run -off directly Into the canal during the dry season and the early part of the rainy season thus prolonging water levels in the slough. The analysis provided with the Mirasol permit identified the proposed peak stages In the slough during the 100 yr. storm event (see Mirasol Permit exhibit 14). The peak stage was determined,by balancing the conveyance capabilities of the Cocohatchee Canal, the relief required for the Imperial River,' and the environmental needs of the slough. By improving the conveyance, the flowway and the channel compensate for the historic storage which currently occurs on the site. Control Elevation : Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) . (ft NGVD) (ft, NGVD) Determination Site 421.39 13.4113.4 13.40 Wetland indicator Elevation Receiving Body:' Basin Str. #- Receiving Body Site Outfail Cocohatchee Canal via the Mirasol Flowway Discharge Structures: Note: The units for all the elevation values of structures are ( ft, NGVD) Weirs: Basin Str# Count Type Width Height length Dia. Elev. Site Outfail 1 Rectangular Notch 80' 13.8 (crest) Water Quality Structures- Note: The units for all the elevation values of structures are ( ft, NGVD) Bleeders: Basin Str# Count Type Width Height Length Dia. Invert Invert Elev. An ig_e_ Site Outfall 1 Rectangular Notch 5' .4' 13,4 Y 1111 �SI �:c }a?�fk!.�•.'y.;�.•�1 �'.i,�'r iiS �'r ;:T� �,cK' 1. :;:: n-3�.'i ,c "<.ir � 9' .• : �^Z k!' �ie�iv; Q kf # �}1t;,(i �.j. � U .,,r•, -h��: % �-¢. y {iaHw�'e : ; .:trl� � .•u�Ly S .: 1 i •.rl�gii�,�'y�i ti � `c� ., ,.,. .rt d Hir,a��:.. y.•.ya,� fl , f{ Y"�`;,,°� 1C' C� �. , rt'i'� M. a � sr...x - .;i'vi .l. KC,... k�r:.��:• , {r; s..;.:t��":C: . b a 'r•:�ti: rJiil,1 rr. •Yr<' � >..,4rfi.:r>,tk'ecL�icF :?S .`l'Gi�:�t;[`f +l: n fi a�j �`l. �} �--' + 1 � 'r o ;✓• t§ 5[ x? f* �T�: y+ �' a' k�r. d�., �i' n�k ,- !t#irl�,,.v�i'..kSer_`i?tici ur'.s`: S:?5�:.�,r::i:�'4r t'. The interconnected wet detention lakes provide the required water quality storage and treatment for the proposed improvements as well as Logan Blvd. At the time of construction of the recreation site, 112" of dry pre - treatment will be required for the run -off from any parking areas. Basin Treatment Method Vol Req.d Vol Prov'd (ac -ft) (ac -ft) Site Treatment Wet Detention 32.77 32.77 App.no.: 030709 -t5 Page 5 of 17 Agenda Item No. 8G January 23, 2007 Page 365 of 516 Wetland Impacts: This proposed modification results in wetland Impacts consistent with the Impacts authorized in Application No. 970923 -12. The total wetland Impacts proposed by this project are 280.06 acres. It should be noted that the authorized wetland impact acreage listed In the, original permit Application No. 970923 -12 is 273.13 acres. After a refined determination of the project area acreages, it was determined that the acreages provided by the original permit site plan were incorrect, the actual wetland impacts as permitted was 288.81 acres. This modification results in a reduction of the wetland impacts to 280.06 acres. A revision of the wetland impact map is attached as Exhibit 33. Mitigation Proposal: The mitigation to offset the proposed 280.06 acres of direct wetland impacts involves onsite and offsite mitigation. For the onsite mitigation, 137.88 acres of wetlands will be enhanced through. hand removal of exotics, 89.21 acres of wetlands from the Mirasol flow -way located on the eastern third of the property will be enhanced through the mechanical removal of exotics, grading, and planting with native vegetation. The grading plan for this area includes the establishment of four marshes for wading bird toraging habitat. The locations• of these areas are shown on sheet E -7 of the environmental plan attatch as Exhibit 3.6. In addition, 0.10 acre of wetlands will be created from uplands, 31.27 acres of uplands will be preserved, and 2.48 acres of wetlands will be enhanced as flow -way buffer. In addition, 23.5 acres of flow -way conveyance will be constructed per Permit No. 11 -02031 -P. It should be noted that the onsite mitigation acreage listed In the original permit Application No. 970923 -12 Is 291.20 acres of preserve area, which Includes 259.97 acres of wetland preserves and 31.37 acres of upland preserves. The project area acreages for the permitted site plan (Application No. 970923 -12) has been revised as part of this modification due to.more accurate AutoCAD measurements. The revisions resulted in the permitted wetland preserve areas (originally listed as 275.76 acres) to be adjusted to 284.41 acres to this modification. The slight difference in mitigation provided between Application No. 970923 -12 and this modification is due to AutoCAD measurements and does result in the requirement of additional mitigation or result in the surplus of mitigation. The location of the onsito mitigation Is shown on sheet E -5 of the environmental plan as Exhibit 3.4. A revised /monitoring /maintenance plan is attached as Exhibit 3.7a - 3.7f. The wetiand plan Includes the establishment of five interconnected preserves within the western portion of the development, a habitat buffer along the north property line, 210 acres of flow -way on the eastern third of the property, and a created upland buffer between the development and the fiaw -way. The five interconnected preserves are located within the interior of the development plan and include both upland and wetland habitats. The five preserves are Interconnected by box culverts under the proposed roads. These box culverts provide wildlife crossings' to facilitate wildlife movement between preserve areas. The five preserves are connected to the 210 acre flow -way on the eastern third of the property. All wetland and upland preserves will be placed under a conservation easement as Exhibit 3.8a - 3.8g. The 210 acres flow -way is part of a larger regional flow -way that extends off -site. The flow -way originates on the Mirasol project (Permit No. 11- 20231 -P) then crosses the Terafina property. After crossing Terafina, it passes through the Olde Cypress Property (Permit No. 11-01232-S) before outfalling to the Cocohatchee Canal. The offsite mitigation as previously permitted (see Application No. 970923 -12) Involves the transfer of App.no.: 030709 -15 page 6 of 17 Agenda Item No. 8G January 23, 2007 Page 366 of 516 funds to the District specifically for the purchase of 154 acres (which equates to 25.67 credits) of land within CREW, a project within the District's Save Our Rivers Program. For the CREW mitigation, in addition to the purchase of the land, the applicant Is obligated to provlde funds to cover restoration and long -term management costs. The long -term management activities such as exotic removal, prescribed burning, etc., may be funded by the interest generated by the principal deposited in this accounting fund. ' Of the $1,001,000.00 collected, the following disposition will be made: 1. Deposit $418,404.00 Into an established District account specifically designated for the purpose of land purchase in the CREW project. 2. Deposit $437,206.00 into an established District account for the performance of capital Improvement projects (restoration work, exotic control or similar single payment costs) within the CREW project. 3. Deposit $82,390.00 into an escrow account established by the District with annual earnings from this account used for general operations and maintenance costs Incurred by the District within the CREW project, It should be noted that the use of CREW mitigation may not be appropriate for other projects and the costs per acre reflected in this staff report may be revised In the future. Future use of the CREW area as mitigation will be considered on a project by project basis. Cumulative Impact Assessment: The proposed site plan changes involve a minor reconfiguration of the preserve areas, resulting in less wetland impacts and additional preserve areas. However, the adjustments did not result in the creation of additional ecological lift to be utilized on future projects. No additional wetland impacts are proposed. The proposed project will not result in cumulative impacts to wetlands or OSW within the West Collier Drainage Basin. Please see the cumulative assessment under Application No. 970923 -12. Monitoring /Maintenance: The onsite mitigation, maintenance and monitoring plan is attached as Exhibit 3.7.a - 3.7.f. The proposed monitoring of the wetland and upland mitigation areas will consist of baseline, time -zero and seml - annual reports for the first two years and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels for a period of five years. The baseline monitoring report will document conditions in the project site as they currently exist. The time -zero monitoring report will document conditions immediately following wetland and upland enhancement. The semi - annual and annual reports will document conditions following enhancement activities, document the extent of success of the project and will identify actions to be taken to improve the conditions within the project area when necessary. Sampling transacts and methodology for the baseline, time -zero, semi - annual and annual reports will utilize identical methods of data collection. The monitoring plan on Exhibit 3.6 shows the location of the vegetation transects, photo - point stations and staff gauges. Maintenance will be conducted in perpetuity for the onsite mitigation area such that the coverage of nuisance and exotics between maintenance events shall not exceed 5 1/0. A mitigation, maintenance and monitoring schedule is attached as Exhibit 3.9a. App.no.: 030709 -15 Page 7 of 17 Agenda Item No. 8G January 23, 2007 Page 367 of 516 Wetland Inventory : CONSTRUCTION MOD - TERAFINA ONSITE Pre - Development Post - Development Total impacted Undisturbed Enhanced Preserved Restored/ Existing Created Fresh Water Forested 530.88 .279.25 251.63 Fresh Water Herbaceous 2.22 .81 1.41 Upland 1 31.37 -11 Total: 533.10 280-06 284.41 This project contains preferred habitat for listed watiand- dependent wildlife species such as the Florida panther (Puma concolor coryl), wood stork (Mycteria americana), Big Cypress fox squirrel, little blue heron, and red - cockaded woodpecker. Concerns regarding Big Cypress fox squirrel, little blue heron, and red - cockaded woodpecker have been address In the original SFWMD Permit Application No. 970923 -12 that include appropriate wildlife management plans. To compensate for the impacts to wood stork and panther habitats, the applicant proposed both onslte and offslte mitigation. The mitigation proposed for this development offsets the impacts associated with the direct loss of wildlife habitat. Therefore, no cumulative Impacts are expected as a result of the proposed activities. In addition to the mitigation provided in this permit to satisfy 40E-4, F.A.G. criteria, the U.S. Fish and Wildlife Service has required additional mitigation and the applicant proposed to purchase and restore 52 acres of wood stork habitat and 107 acres of panther habitat both located in Hendry County. A copy of the U.S. Fish and Wildlife Service review is attached as Exhibit 3.9b - 3.9c. Although this additional requirement Is not a condition of this permit modification, this permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements and ensuring that listed wildlife species are not adversely impacted as result of this project. MIN The three developments adjacent to the flowway (Mirasol, Terafina aka Wildewood Lakes, and Olde Cypress) have entered an agreement relating to the construction and maintenance of the flowway (known as "chain of lakes" in the agreement). The agreement Identifies each party as responsible for the construction of the portion of the flowway within their property. However, a subsequent section in the documents identifies Terafina as responsible for constructing the portion within Olde Cypress property. This same section indicates that Mirasol may construct the entire flowway if Terafina delays in the construction. The Mirasol permit authorization the construction of the entire flowway. The three developments also prepared a draft drainage, ingress /egress, and maintenance easement giving Mirasol access to Terafina and Olde Cypress property. A recorded copy of the drainage easement must be provided to the District prior to any construction of the flowway. Mirasol proposed a Community Development District (CDD) as the entity responsible for the maintenance of the flowway both within the Mirasol property as well as the Terafina and Olde Cypress developments. The permittee provided a draft of performance bond to demonstrate financial assurances that the mitigation, monitoring and maintenance work will be conducted as permitted. The performance bond is App.no.: 030709.15 Paga 8 of 17 Agenda Item No. 8G January 23, 2007 Page 368 of 516 attached as Exhibit 3.10a - 3.10c and will need to be executed in accordance with special condition 32 of the original permit. it Is suggested that the permittee retain the services of a Professlonal Engineer registered In the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0861 which Is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E- 4361(2), Florida Administrative Code (F.A.C.), Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E- 4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorizatlon unless a permit extension is granted, For SWM systems permitted with an operating entity who is different from the permlttee, It should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1.6107, F.A.C., the permittee Is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised' of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state, Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. if deficiencles are found, It is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 030709 -15 Page 9 of 17 Agenda Item No. 8G January 23, 2007 Page 369 of 516 RELATED CONCERNS: Water Use Permit Status: Water Use Application No. 030820.4 for irrigation and Application No. 030820.5 for dewatering are complete and will be Issued by staff concurrently with the ERP. Both applications are letter modifications of the original permits No. 11- 02053 -W (Irrigation) and No. 11- 02052 -W- (dewatering). In regards to the Mirasol flowway channel, Special Condition 15 restricts the use of dewatering during construction. This condition is consistent with conditions in the previous permits for Mirasol, Parklands Collier and Oide Cypress.00This permit does not release the permittee from obtaining all necessary Water Use authorizations) prior to the commencement of activities which will require such authorization, including construction dewatering and Irrigation, unless the work qualities for a general permit issued pursuant to Section 40E -20 FAC. . Potable Water Supplier. Collier County Utilities Waste Water System/Supplier- Collier County Utilities Right -Of -Way Permit Status: A Right -of -Way Permit Is not required for this project. DRI Status: This project is not a DRI. Historical /Archeological Resources: The District received correspondence from the Florida Department of State, Division of Historical Resources Indicating that the agency has no objections to the issuance of this permit, DCAICZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Community Affairs or other commenting agencies regarding the provisions of the federal Coastal Zone Management Pian. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. App.no.: 030709.15 Pago 10 of 17 Agenda item No. 8G January 23, 2007 Page 370 of 516 STAFF RECOMMENDATION: The Staff recommends that the following be Issued An Environmental Resource Permit modification to authorize the Construction and Operation of a surface water management system which serves a 421.4 acre residential development within a 646.5 acre parcel. The system discharges to the Cocohatchee Canal via the Mirasoi Flowway. Based on the infarmation provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Special Conditions 14 Slobint to wing STAFF REVIEW: rd approval NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL -/� ENVIRONM NTA EVALUATION Marie Dessour es DIVISION DIRECTOR: Robert -G. Robbins SURFACE WATER MANAGEMENT DIVISION APPRO T. Mort0n,`P.W,S. DATE :, °r'r/ e App.no.: 030709 -15 Page 11 of 17 DATE: Agenda Item No. 8G January 23, 2007 Page 371 of 516 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth In the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted =tivlty and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by,District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by'this permit shall be conducted In a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids Into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described In Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit Is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. S. Within 30 days after completion of construction of the permitted activity, the permltee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law; utilizing the supplied Environmental Resource Permit Construction Completion /Certification Form Number 0881. The statement of completion and certification shall be based on onsite observation of construction or review of as -bullt drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system Is ready for inspection. Additionally, If deviation from the approved drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "As- built" or " "Record" drawing. All surveyed dimensions and elevations shall be certifled by a registered surveyor. 7. The.operation phase of this permit shall not become effective: until the permittee has compiled with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance wlth Sections 9.0 and -10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, App.no.: 030709 -15 Page 12 of 17 Agenda Item No. 8G January 23, 2007 Page 372 of 516 GENERAL CONDITIONS accepts responsibility for operation and maintenance of..the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following Inspection and approval of the permitted system by the District, the permlttee shall initiate transfer. of the permit to the approved responsible operating entity If different from the permittee. Until the permit is transferred pursuant to Section 40E- 1:6107, F.A,C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the Initiation of the permitted use of site Infrastructure located within the area served by that portion or phase of the system. Each phase or Independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction In order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first, Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity., Failure to submit the appropriate final documents will result In the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. ,11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any Interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified In the permit and Chapter 40E -4. or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of'Trustees of the internal Improvement Trust, Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. App.no.: 030709 -15 Page 13 of 17 Agenda Item No. 8G January 23, 2007 Page 373 of 516 GENERAL 15. Any delineation of the extent of a wetiand or other surface water submitted as part of the permit application, including plans or other supporting clocurr entatlon, shall not be considered binding, unless a specific condition of this permit or a formal detetm nation under Section 373-421(2), F.S., provides otherwise. 16. The permittee shall notify the District In writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or trap -Ifers of a permit are subject to the requirements of Rules 40E- 1.8105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper Identification shall have permission to enter, Inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. i 1 B. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in � that Is later discovered to be Inaccurate. App.no.. 034709 -15 Page 14 of 17 rriting of any previously submitted information Agenda Item No. 8G January 23, 2007 Page 374 of 516 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on March 11, 2009. 2. Operation of the surface water management system shall be the responsibility of TERAFINA HOMEOWNERS ASSOCIATION, INC. Within one year of permit Issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or-declaration of condominium, if applicable), a copy of the filed articles of Incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Structure:.0utfall 1 -80' WIDE RECTANGULAR NOTCH weir with crest at elev. 13.8' NGVD. 1 -5'.W X .4' H RECTANGULAR NOTCH with Invert at elev. 13.4'NGVD. Receiving body: Cocohatchee Canal via the Mirasol Flowway. Control elev : 13.4 feet NGVD. /13.4 FEET NGVD DRY SEASON, 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to Insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system If such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. A permit modification shall be obtained for any improvements within the clubhouse site. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred ,(100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse Impacts. 12. Minimum building floor elevation: BASIN: Site - 16.60 feet NGVD. 13. Minimum road crown elevation: Basin: Sfte - 15.70 feet NGVD. 14. Minimum parking lot elevation: Basin: Site - 15.70 feet NGVD. 15. The channel shall be constructed without dewatering as Indicated in the previous permit. App.no.: 030709 -15 Page 15 of 17 Agenda Item No. 8G January 23, 2007 Page 375 of 516. SPECIAL CONDITIONS 16. Spoil generated from the excavation of the fiowway must be placed on an upland or wetland impact location as authorized by this permit. 17. The parking area In the recreational tact shall provide a minimum dry pre - treatment .volume ,of 112 inch of runoff prior to discharge Into the master surface water management system. 18. THE CONSTRUCTION OF THE MiRASOL FLOWWAY AND THE ASSOCIATED CONTROL STRUCTURES ON THE FLOWWAY SHALL BE COMPLETED PRIOR TO ANY CONSTRUCTION ON THE PROJECT SITE. 19. Prior to the commencement of construction, a copy of the agreement between the ,permittee and Mirasol development, relating to maintenance and operation cost sharing for the Mirasol flowway, shall be provided to the District. 20. All special conditions and exhibits previously stipulated by permit number 11- 02055 -P remain in effect unless otherwise revised and shall apply to this modification. 22. A monitoring program shall be Implemented in accordance with Exhibit No.3.9. The monitoring program shall extend fora period of 5 years with semi- annual reports for the first two years and annual reports thereafter submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 60% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two - . years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire. mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 23. A mitigation program for Terafina PUD shall be implemented In accordance with Exhibit No. 3.7a - 3.7c. The permittee shall enhance 253.04 acres of wetlands and preserve /enhance 31.37 acres upland compensation areas. Although not calculated as mitigation, this acreage Includes the wetlands and upland that will be converted to flow -way conveyance and are subject to the design and planting shown on Exhibit 68 and 69 of the original permit. 24. The permittee is granted a modification of the Special Condition No. 28 of the original permit Application No. 970923 -12, as subsequently modified, which extends the time for the payment of the mitigation money required in the original permit. No later than June 30, 2004 and prior to the initiation of construction activities In wetlands, the permittee shall provide the mitigation payment to the District's wetland mitigation fund for the acquisition, enhancement and management of lands within CREW. Payment of the mitigation fee is an enforceable conditions of this permit subject to the District compliance rules. 25. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 3.9. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall Include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. 26. A maintenance program shall be Implemented in accordance with Exhibit No. 3.7c -3.71 for the preserved /enhanced wetland and upland areas, upland buffer zones, connector preserves, and the flow -way conveyance on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category i exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 10% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species App.no.: 030709 -15 Page 16 of 17 Agenda Item No. 8G January 23, 2007 Page 376 of 516 SPECIAL. CONDITIONS do not dominate any one section of those areas 27. No later than May 20, 2004 and prior to ,the commencement of construction, the permlttee shall provide an original letter of credit/bond to ensure the permlttee's financial ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibit No. 3.7a - 3.7f. The letter of credlt/bond shall be In substantial conformance with Exhibit No. 3.10a - 3.10c. When a performance bond Is established, the permlttee shall also establish a standby trust fund for deposit of all payments under bond. The letter of credlYbond shall remain in effect for the entire period of the mitigation and monitoring program. Notification of the District by the financial Institution that the letter of credit/bond will not be renewed or is no longer In effect shall constitute non - compliance with the permit. App.no.: 030709.15 Page 17 of 17 Agenda Item No. 8G January 23, 2007 Page 377 of 516. LEE COLKry COLL 52 COt.NM .npIIESB NERD PAMDAND9 75 SITE NSTSlE Wes YPSM& wN4. CREEK 1i iNA7tt ESTATES 16 n AT u V V �S'EST oNL Da SHMI 43 26 WO MM REM :GDR.NJD9 � 0=3 vu. O 1. t IMM aa+E LEN10k ROAD " D .'ws as C.. 846 l9TA S WE r: P MKK oow 9 I Om O VCTONA P AAC , um E STA : . M a 32 IGIML S BMITTALL � t v ° MNLYARD9 YNEYAPA.9 MOE roeoearact -FER ttTAUS xNETAROS WC SERVIC CLN M 5 CAIIDENS 6 D 1 `a [`i E XE5= s 3 a A. C tNOUS70A7. PAFK 7 S WrlACEU{ LAl�6 R T YNETAR06 MW 147i#1�+'`��^ •"T'°' 1� 1 ° PW— RIDGE R es FQv O W( 4AVRWERS Dg ! rEE1L NQ: S ST N r NAMES C A 19 6.4T.0 >Y � � ` CASE f B C• C3 Omit NNS APTS. +%+ LLTOP WORM PATE MOODS N {aE _�� GREE Ow. . DUD TEAL AL TEM ~J Ty SnKUN0 951 RAD N% CWRESS tiNtlY WEE 17r /) y r0DD8 EST. Hm D H.MPLPP E R 7 " Po, GOLD E N GDAA22TE rYNDEYEPE m VIUAS �yJN N DutF wc�s R iamam N m aiECKfD BY . PROJECT Na LO Cn 950 Encore Way TERAFINA aae• 1��OS7 to W MONTES 1la let. Fl. 3.1110 Phons. 1239) 254 -2000 DRAWN BY : GAD ME NAME-, Vicinity N�Sp E;�1�. 01 Cn Ch Florida Cortmcais of DATE 1 EX11811 1I1E1t Di(i1iERSf1N1ER5 9A6E1 Authorizatlon #1o.1772 tom{, or it a F"% EOWN oe /03 >MOT —A_ f ' �iV:r1•w�wvwm+'wVn•.r+M w,yrwaw•.m. n� 1 �J� Mfg U Agenda Item No. 8G '.January 23; 2007 Page-378-'of 51.6 b .sue • .1r F ;P le I 4 w is U � Cvw� Sl 1 F 'J►5arl! Tl LN - ;� '� k1 Gl ',�. � r�, % �>:•tij(�``�•i'f''{ 4r rp��}( •, ��br�'�r�; f�. ; . 1 I� - +� � • r S': N�fi, t'fr? `Z�� ;r- � 4i�;��nr12 { /��}a 3..$! '1� �: � j µ � � S�fi•,C+r'f�.rr�r �r�< +�c�3�.i ••, y'`!, sls: r'.i '. 1 �i�� ' � , rT "�r��`�'�7ty�'frr�ry�l��i�•f��4 +�" t •�4} {r-1�1s�'� � 1� [ rte i� E�' � 1� �� iati� .•��i'Oldir r• 1 c LEI� MIT w:�ra rte• Agenda Item No. 8G .'•i N •411U,('F aty}rt I'k'l I . 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I 1 • I , ♦ r d I 1 1' 1 • �• 1 I 1 ♦ • 1 . y ♦ r ♦'. ,'1'1'1 ' ♦'+ •, r + •r . •+,� @�, +,',' ' ++ 1 ♦ I�kl r • • ' ' , , I f �+ •+ 1 1 / • r , f , Y q ♦ tl • 1 / • r . + 1 , r h a, y, � " m a� X w a z ti [a 1.1 to c� x� N O O f0 to d r� V m U O r 00OLf) ON O Z " N L cz a) CZ D V) C CZ Cc O Q J 1 „ }§4$199 J {r ��ij !M Q � � P 9 + t a i i + Q a a + i + > ! i t + s + ► > + ► + + > 1 ► + s + a ! + a a a , +O a ! ► ► a a a + a a + + s ! r } a ! + a a a a ! ► i f z � + 1 ! a s + �Cx) 3N� ll w 0 7 i s z= cn Q� W O cn m M O 'N Q�I Q S,� 4 r4 rA _W 7� m a � o L m L m O oil p o � rz n O p O � Icy I� f m i I ° A D a I � � I a Z � ! � a I v I 1 X f [ d � � I a v_ z -o xl Agenda Item No. 8G January 23, 2007 Page 399 of 516 I • a r •�r I r + . r r r ACr • f • ' 'arr - all liff 11110 � 1q � I M,�k D, 8 as ld a e U b E 8 - liff 11110 � � I M,�k D, r I U b E 8 6�IFFFt'IaF6'Frj� 8 0 € ��fr.F p}rAPT7•Ip aPPYi xi o�c p PO4 P Pco P o��- h .nnOIRPPUID_ s � '7 G K Agenda Item No. 8G January 23, 2007 Page 401 of 518 ADDApD REVISED SU�ITTAL T£RAFINA `YVETLAN NHTIGATION /MONITORING /MA1Nx'ENANCE PLAN OCT 2 2 2003 SFWMD PERMIT NO. 11-02055-P FONT. MYERS SERVICE CENTER INTRODUCTION Revised October 20 2003 APPLICATION NUMhFR 709 -1.5 OCT 2.7 2003 FORT M �E� � The following outlines the wetland mitigation, monitoring, and maintenance plan for t acre Terafina project located in Section. 16, Township 48 South, Range 26 East, Collier County. The construction of the residential development will result in unavoidable impacts to South Florida Water Management District (SFWMD) jurisdictional wetlands. In order to offset these impacts, a total of 284.411 acres of wetland preserves and upland preserves/buffers will be established. This includes 137.881 acres of wetland enhancement through hand removal of exotics, 89.211 acres of wetland enhancement through mechanical removal of exotics, 0.101 acre of wetland created from. uplands, 31.271 acres ' of upland preserve, and 2.481 acres of wetland enhancement flow -way buffer. In addition, 23.47-+ acres of flow -way conveyance will be constructed per SFWMD Permit No. 11 -0203 1 -P. The wetland mitigation plan includes the establishment of five interconnected preserves within the western portion of the development, a habitat buffer aloing the north property line, a large 210 acre flow -way on the eastern third of the property, and a created upland buffer between the development and the flow -way. The five interconnected preserves are located within the interior of the development plan and include both wetland and upland habitats. The five preserves are interconnected by box'dulverts under the proposed roads. These box culverts will provide wildlife crossings to facilitate wildlife movement between the preserves. The five internal preserves are - connected to the 2101 acre flow -way on the eastern third of the property. The 210± acre flow -way is part of a larger regional flow -way that extends off -site. The flow -way originates on the Mirasol project (SFWMD Permit No. 11- 20231 -P) then crosses the Terafina property. After crossing Terafina, it passes through the Old Cypress project (SFWMD Permit No. 11- 01232 -S) before outfalling to the Cocohatchee Canal. Details of the flow -way are - provided in the SFWMD staff report for Terafina, as well as the SFWMD staff report for the Mirasol project. As part of the 210-+ acre flow -way, 89.211 acres of wetlands will be enhanced through the mechanical removal of exotics, grading to wetland elevations, and planting with native vegetation, The grading plan for this area includes the establishment of four marshes for wading bird foraging habitat. These marshes will be graded to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. Passarella and Associates, Inc. EXHIBIT 3, ? A 1 of 6 003GLH856 Revised 10/20/03 Agenda Item No. 8G January 23, 2007 Page 402 of 516 The wetland mitigation activities will be done concurrently with the construction of the surface water management system for the project. The mitigation areas will be placed under a conservation easement to the SFWMD. MITIGATION PLAN The mitigation plan includes 137.88± acres of wetland enhancement through hand removal of exotics, 89.214- acres of wetland enhancement through the mechanical removal of exotics, 0.14± acre of wetland created from uplands, 31.27± acres of upland preserve, and 2.481 acres of Wetland enhancement flow -way buffer. The Iocation of these areas are shown on sheet E -5 of the environmental plans. The exotics to be eradicated include, but are not limited to, melaleuca, Brazilian pepper, Australian pine, and downy rose - myrtle. The hand removal _of exotics from wetlands and uplands will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian pine with diameter at breast height greater. than four inches and apply approved herbicide to cambium; (3) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings. In areas where the density of melaleuca and Brazilian pepper trees exceeds 50 percent, cuttings will either be hand removed from the site or stacked in piles at approximately 100 foot intervals. If left on the site, smaller melaleuca cuttings will be stacked butt end to the ground into a nearly vertical position (i.e., teepee method). 'Larger melaleuca cuttings will be cut and stacked side by side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of approximately six. feet (i.e., log cabin method). Mechanical removal of exotics (89.21± acres) will include mechanized land clearing in areas of 75 to 100 percent cover by melaleuca. Prior to mechanical removal, the limits of mechanical removal of exotics will be flagged for review and approval by SFWMD staff. After exotic vegetation has been removed, the cleared areas will be graded as shown on sheet E -6 of the environmental plans. If available, a six inch layer of topsoil will'be spread on the graded area to achieve final grades. Due to the presence of exotic and nuisance species within the potential donor sites (i.e,, impact areas), it is not anticipated wetland topsoil will be available for use in the graded areas. An as -built survey of the graded site will be performed to ensure the desired elevations have been obtained. After review and approval of the final grades by SFWMD compliance staff, the area will be planted using the species listed in Table 1. YMPLICATU)"ki :13i.1kiAri? Passarella and Associates, Inc. t103GLH856 Revised 10/20/03 ADDUREVISED SUBMJT' AL OCT F 2 2003 t -fiN, ii a WE CENTETW6 �. Agenda Item No. 8G January 23, 2007 Page 403 of 516 Table 1. PIanting List for Mechanically Cleared and Graded Areas F•' •if ,, .•JJ.! •`#.•If.`.!, nt yk... ,.1 :.f ' It Taxodlum distichum ,f.. S,'. 't • + , ' �1+ ' ` t1� Cypress S ft. 1 al. 10 ft. O.C. Zane 1 Cord ass S artina bakeri i2 in. 2 in. 3'f>~. O.C. Gulfdune,Pas alum Pas alum monastach um 12 in 2 in. 3 ft. 0.0 Maidencane Panicum hemitomon 12 in. 2 in. 3 ft. O.C. Zane 2 Pickerelweed Pontederia cordata 12 in. 2 in. 3 ft. O.C. Sa itara Sa ittarla lanci olia 12 in. 2 in. 3 ft. O.C. S ikerush Eleocharls intersllncta 12 in. 2 in. 3 ft. O.C. Maidencane P.anicum hemitomon 12 in. 2 in. 3 ft. O.C. Zane 3 Saw-grass Cladium� 'amaicense 12 in.. 2 in. 3 ft. O.C. Soft -stem Seir us validus 12 in. 2 in. 3 ft, O.C. Bulrush Sc ir us cubensis 12 in. 2 in. 3 ft. O.C. Fireflag Thalia geniculata 12 in. 2 in. 3 ft. O.C. Zone S atterduck N har luteum 24 in. I al. 15 ft. O.C. Waterlily N haea odorata 24 in. 1 gal. 15 ft. O.C. MITIGATION SUCCESS CRITERIA The following are the success criteria for the mitigation areas: 1) The conservation easement will be recorded for the mitigation areas; 2) Initial eradication of exotic and nuisance vegetation will be completed; 3) Wetland mitigation areas will contain at least 80 percent cover by desirable obligate and facultative wetland plant species; 4) The wetland and upland mitigation areas shall be free from exotic and nuisance vegetation immediately following a maintenance activity; and 5) The wetland and upland mitigation areas will consist of no more than five percent cover by exotic and nuisance species. Exotic and nuisance vegetation species are ' tifled as those species listed by the Exotic Pest Plant Council at the time of permit issua AODlIREVISED SUBMIT IAL MONITORING Monitoring Methodology OCT 2 2003 FORT MYERS SENCE CENTER The proposed monitoring of the wetland and upland mitigation areas will consist of baseline, time -zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels. The baseline monitoring report will document conditions in the project site as they currently exist. The time -zero monitoring report will document conditions immediately following wetland and upland enhancement. The annual reports will document conditions following enhancement activities and document the extent of success of the project. If needed, the annual reports will identify specific actions to be taken to improve the conditions within the project area. Sampling transects and methodology for the baseline, time -zero, and annual reports will utilize identical methods of data collection. Passarella and Associates, IIiC. ► 3 of fi #03GLH856 Revised 10 120 /03 EXHIBIT � -� c, Agenda Item No. 8G January 23, 2007 Page 404 ol 516 Vegetation Monitoring Wetland vegetation will be monitored prior to and following enhancement and restoration activities. Sampling in wetland areas will involve canopy, •sub-canopy, and ground cover stratum along monitoring transects established within the enhancement areas. The location of the monitoring transects are shown on sheet E-7 of tho environmental plans, Canopy and sub - canopy vegetation species will be monitored within* 50 x 20 foot plots established along the monitoring transects. Species richness and visual estimate of percerit cover will be calculated for canopy and sub - canopy stratum. To facilitate an intensive, accurate, and repeatable sampling program, the point frame method (Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at approximately 25 foot intervals along each monitoring transect. Each point frame consists of 1 m square wire grid with 25 cross points. Any plant species directly below a cross point will be recorded, including bare ground. Each cross point represents four percent of the square meter. Water depths will also be recorded at each sampling station. For each sampling station, identified species will be listed and percent cover computed and discussed. Wildlife Monitoring Regular observations of wildlife will be made during the monitoring event by qualified ecologists. Observations will .consist of recording evidence and sign of wildlife (i.e., direct sightings, vocalizations, burrows, nests, tracks, droppings, etc.). Fish and Aquatic Macroinvertebrate Monitoring Qualitative sampling'of fish and aquatic macroinvertebrates along wetland transects will be conducted using a standard D -frame aquatic dip net, mesh size 1.0 mm. Sampling will be conducted along vegetation monitoring transects with a minimum of 2 cm. standing water. The collector will work the net vigorously within the vegetation, open water, and surficial bottom sediments. Net contents will be placed in a white pan and sorted with forceps. Hard substrate, if any, will also be examined for the presence of aquatic macroinvertebrates. - Sampling will continue until no new species are encountered for ten minutes. Sample size and collection times will not exceed 200 organisms or one hour, respectively. Samples will be preserved in alcohol, returned to the laboratory, and identified to the lowest taxonomic level possible, usually species. When possible, fish will be identified in the field and released. Photographic Documentation Permanent fixed -point photograph stations will be established in the monitored areas providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program. �46�r��r�s�•rlrx�s iU� t3�i�atir$ Passarella and Associates, fnc. #03GI.H856 Revised 10/20/03 EXHIBIT31 ADDI /REVISED SUBMITTAL r . of 6i } Agenda Item No. 8G January 23, 2007 Page 405 of 516 Rainfall and Staff Gauge Staff gauges /monitoring wells will be installed within the enhanced wetland areas. The gauges /wells will be. read once a month during the dry.season (November through May) and twice a month during. the wet season (June through October); Staff gauge data will be summarized in the annual monitoring reports along with available rainfall data for the area. MONITORING REPORTS The permittee will submit annual monitoring reports to SFWMD documenting the success of the mitigation program and general condition of'the preservation areas. Within 60 days of permit issuance, the baseline wetland monitoring for the mitigation areas will be submitted to SFWMD. The time -zero monitoring report will be submitted within 60 days of completion of enhancement activities. Annual monitoring reports will include the following information: • Brief description of mitigation and maintenance work performed since the previous report along with a discussion of any modifications to the mitigation or maintenance program. • Brief description of anticipated mitigation and- maintenance work to be conducted over the next year, • Results of quantitative vegetation monitoring conducted in the enhanced wetlands and upland buffers. A list of observed wildlife species. • Panoramic photographs taken at photo stations within the enhanced wetlands and upland buffers. • Staff gauge and available local rainfall data. CONSERVATION EASEMENT ADDUREVISED SUBMITTAL _I OCT 2 2 2003 f FORT MYERS SbVICF rF'NTPa The wetland mitigation areas will be placed in a conservation cascmeni'to SFWMD. The conservation easement will ensure that the mitigation areas -will remain in a natural state in perpetuity. These preserved mitigation areas will not be disturbed by dredging, filling, land clearing, agricultural activities, or other construction work whatsoever; except those activities described in this mitigation plan. MAINTENANCE AND LONG -TERM MANAGEMENT Following the completion of the initial exotic removal effort, semi - annual inspections of the mitigation area will occur for the first two years. During these inspections, the mitigation area will be, traversed by a qualified ecologist. Locations of nuisance and/or exotic species will be identified for immediate treatment with an appropriate herbicide. Any additional potential Passarella and Associates, Inc. '''�� "�" :i �r'i'YtyF�� ,�; 5 of 6 #030LH856 Revised 10120/03 Zip r �:.l � �� ` 3 7 �� Agenda Item No. 8G January 23, 2007 Page 406 of 516 problems will also be noted and corrective actions taken. Once exotic /nuisance species levels have been reduced to acceptable 'limits (i.e., less than five percent cover), inspections of the mitigation areas will be conducted annually. Maintenance will be conducted in perpetuity to ensure that the enhanced wetlands and upland buffers are free of exotic vegetation (as currently defined by the Exotic Plant Pest Council) immediately following maintenance and that exotic and nuisance species will constitute no more than five percent of total combined cover. REFERENCES Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New York, New York, ADDUREVISED SUBMITTAL OCT 2 2 2Q03 FORT MYERS SERVICE CENTER APPLICATION N tyAi.jr,. —U4 Passarella and Associates, Inc. 6 of 6 #03G1,11$55 Revised 10!20103 �C' EXHIBIT DEED OF t;ONSERVAT10N EASEMENT THIS DEED OF CONSERVATION EASEMENT is g of , 2003, by 61-9 tt Jr�t iii - T (address Agenda Item No. 8G January 23, 2007 . lam 116 X43 7.o,15 day ( "Grantor") to the South. Florida Water Management District ( "Grantee "). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include .any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in 00L.L�Lgg_ County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ( "Property ");'and WHEREAS, the Grantor desires to construct (name of project) 71,ieA p0uA ( "Project ") at a site'in Czu_L-,Fe_ County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and . WHEREAS, District Permit No. 11 - 02rss -- P ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the 'Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and /or upland systems on the Property; -and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement.as defined in Section 704,06, Florida Statutes (2000), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a Standard Passive Recreation form — July, 2001 ADDL/REVISED SUBMITTAL' OCT 2 2 2003 1 of 6 W'- ------ --- F'ORT MYERS SERVICE CENTER Agenda Item No. 8G January 23, 2007 Page 408 of 516 i perpetual conservation easement for and in favor of the Grantee upon t e o Ich shall run with the land and be binding upon the Grantor, and shall remain in full',nd effect forever. The scope, nature, and character of this conservation easement shall be as follows: 1. ' It Is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained In the enhanced or created conditions required by the Permit. I To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement,. maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property; a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; Standard Passive Recreation form —. July, 2001 p ;t.ti,.T4#�tt€ i191.1�3ft 2 of ADDLJREVISED SUBMITTAL :CT 2 Z 2003 FORT MYERS SERVICE CENTER ..I --�• - 6 l Agenda Item No. SG January 23, 2007 Page 409 of 516 e. Surface use except for purposes that permit the land o ter area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water copse �tI erosion control, soil conservation, or fish and wildlife habitat. preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and' the intent and purposes of this Conservation .Easement, Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District, a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The ,construction and use of the approved passive recreational facilities shall be subject to the following conditions: 1. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. This conservation easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements, 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. FA UBMITTAL Standard Passive Recreation form — July, 2001 �. h0i_ICAT6.0pE rw,��4�J1PVFi3 of6 2ug3 1 9 �° 1C CEN F; Agenda Item No. 8G January 23, 2007 Page 410 of 516 5. Grantee shall not be responsible for any costs or liabilities the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise Its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. S. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall.be deemed properly given if sent by'United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. 12. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in- interest, which shall be filed in the public records in County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, -restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of his conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Standard Passive Recreation form — July, 2001 r`�KWATK)N,' Wl NTr 0 0 0 7 RXHIBIT ADDUREVISED SUBMITTAL EUCTZ 2 2003 FORT MYERS SrRVIr;t" P`r'ice Agenda Item No. 8G January 23, 2007 Page 411 of 516 conservation easement; and that it Hereby fully warrants and defends the title to the. conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, (��To� has he its authorized hand this day of .2003. Signed, sealed and delivered in our presence as witnesses: A Florida corporation By: s Print Name: Print. Name :' Rj',6 Title: VP Print Name: 7ADLDUREViI.SED SUBMITTAL Standard Passive Recreation form — July, 2001 FORT MYERS SERVICE CENTER i4 : i..1 F`4 rJ io?t.3 l k5 of 6 EXHUBIT 1. � � Agenda Item No. 8G January 23, 2007 Page 412 of 516 STATE OF FLORIDA ss: COUNTY OF On this day of , 20 before me, the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) , of (corporation) , a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set .my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: South Florida Water Management District Legal Form Approved: Date: July, 2001 001-ianoR3 'd4u'i V 3 o rf it ') '15 Standard Passive Recreation form — July, 2001 6 of 6 ADDL/REVISED SUBMITTAL C r 2 2 2003 _ r FaRi 1> -iYE�S SE E GEN1ft f EXHIBIT 3 , o I 0 Agenda Item No. 8G January 23, 2007 Page 413 of 516' i n u irr• wrlrq- 'iir. •i�• �•:ir s••r•r•nr r••a :Zr� ■ice �1r1�1'l1��w �► `�� /��lv��+.�.�„ ,�rl�lltll�l��1111I1111► ` -. fit 1 a x I BIT �. z � � z a ° 1- a N z rn M lz� CA �] U g a iii•.., •••••• � / �% /r�� ................. ►rte /,�,,�:,...0 1111111111' =' ';;•:�!�/;!. .�% X11111'..1 u•• r•r• 1 a x I BIT �. z � � z a ° 1- a N z rn M lz� CA �] U g a Agenda Item No. 8G January 23, 2007 Page 414 of 596 South Florida Water Management District Work Schedule Requirements Application No 030709 -15 Page 1 or 1 Mitigation Plan ID: CREW it -t :l•,.l`t:.- F.. .��'•'4i:..• y�'. ', Y,,'!I f:,. pry �...; 7X4j'��'i'4'� �r ^�q .;.t; •. �k •If�.L, yS�'i1. `fi•' ��+�i�'S7 :@!4ti .W' ' !:}i� '::I" 7'.,' f._: ,,,.�` �F , �7' +:yl� I e• A �O� iii.. �: :.t Ix(p� {{ .'a '+l'i �hj��I 1n i',�y)�.j�". +� 'ii o T. .- �T';.t.� P •i'' • +.IF �_ •i.,Y'�.:(��J J' . {��i � -`, ��C'F.�,J�{V�13:� •. �'�— . '�:Iw i. ••l 1,'41 t'4'. SUBMITTAL OF MITIGATION PAYMENT 30- JUN -2004 Mitigation Plan ID: TERAFINA PUD 'yl xi.� °drlT.}pr�,, d�` ? � �r�. i n_ ?1. �S� `'�y� +�y'.�'- j•: •�•�"rs l,' 's ti. "•� M'.4 C.1i5 it�hCa �1" �'1'j�:4� �' �' i 1.. 3l- ...•; : M Li rt > 7e79 .i : +. . .. . t. � SUBMITTAL OF FINANCIAL ASSURANCE DOCUMENTATION 20 -MAY -2004 BASELINE MONITORING REPORT 31- MAY -2004 SUBMITTAL OF RECORDED CONSERVATION EASEMENT 31- MAY -2004 EXOTIC VEGETATION REMOVAL 30- JUN -2004 EXCAVATION AND GRADING MITIGATION AREA 30- JUN -2004 PLANTING MITIGATION AREA 31 -JUL -2004 TIME ZERO:MONITORING REPORT 30 -SEP -2004 EXOTIC VEGETATION MAINTENANCE 31- DEC -2004 SEMI- ANNUAL MONITORING REPORT 30- JUN -2005 EXOTIC VEGETATION MAINTENANCE 31 -JUL -2005 FIRST MONITORING REPORT 30 -NOV -2005 SEMI - ANNUAL MONITORING. REPORT 30- MAY -2006 EXOTIC VEGETATION REMOVAL 30- JUN -2006 SECOND MONITORING REPORT 30 -NOV -2006 THIRD MONITORING REPORT 30 -NOV -2007 FOURTH MONITORING REPORT 30 -NOV -2008 FIFTH MONITORING REPORT 30 -NOV -2009 Exhibit No : j � , � w.-.. 4 Agenda Item No. 8G C.�cJY]�'gy4, 2007 ag of 516 D ft�# alts a United States Department of the Interior FIS[I AND WILDLIFE SERVICE cH s South Florida Ecological Sewices Office 1339 201x' Street,. Vero Beacli, Florida 32960 ----...__ _— .._.___------ _.__..---- __ -._. �anua.r3+ =1 -fi; �2�04._•__.__. w._ __ ..�-__ �..._._ Jahn R. Hall JAN 2 62004' U.S. Army Corps of Engineers OUHR - �� Fort Myers Regulatory Office 1520 Royal Palm Square Boulevard, Suite 310 Fort ers, Florida 3a919 ... A PUREVISED SUBMITTWL-1 Service Log No.: 4- 1 -01 -1i -606 =N12 Application No.: 199603501 (IP -TWM) .Date: May 25, 2001 FORT MYER5 SERVICE c_l�lf €' Project: Terafna t Applicant: GL Homes- TION ill. MRF-R County: Collier Dear Mr. Hall: 030709 `1 The Fish and Wildlife Service (Service) has reviewed information submitted by the U.S. Army Corps of Engineers (Corps) on October 29, 2003, for the application referenced above. The Service has also reviewed additional information provided to us by the applicant in an email dated January 6, 2004, and by the applicant's consultant, Passarella and Associates, incorporated, on December 4, 8, and 12, 2003, and by letter on January 12, 2004. This letter is submitted in accordance with section 7 of the Endangered Species Act of 1973, as amended (ESA) (87 Stat. 884; 16 U.S.C. 1531 et seq.) and the provisions of the Fish and Wildlife Coordination Act of 1958, as amended (48 Stat. 401; 16 U.S.C. 661 et seq.). PROJECT DESCRIPTION The applicant proposes to construct an 850 unit residential community with infrastructure and amenities on 435.8 acres of a 646 -acre site. The project will involve fill and excavation in approximately 297 acres of wetlands, 297 acres of wood stork (Mycleria americaha) habitat, and 435.8 acres of Florida panther (Puma concolor coryi) habitat. To compensate for impacts to 297 acres of wetlands, the applicant has proposed to preserve and enhance 263.6 acres of onsite wetlands and adjacent uplands, purchase 154 acres of wetlands in the Corkscrew Regional Ecosystem Watershed (CREW), and purchase and restore 52 acres of wetlands in Hendry County. To compensate for impacts to 297 acres of wood stork habitat, the applicant has proposed to preserve and enhance 263.6 acres of wood stork habitat onsite, purchase 154 acres of wood stork habitat in CREW, and purchase and restore 52 acres of wood stork habitat in Hendry County. To compensate for impacts to 435.8 acres of Florida panther habitat, the applicant proposes to ^FA K +..., F11-Z 1 !_J Imo:. " I r4 INI E R I CA :.� r EX" , Agenda Item No. 8G January 23, 2007 Page 416 of 516 John R. Hall January, 16, 2004 Page 3 Florida panther The Cozpshasdetermined that- the- project-may affect the -endangered Florida-panthen-•The --- ---- applicant proposes impacts to 435.8 acres of panther habitat. Compensation proposed is 210.8 acres of onsite preservation and enhancement 6f panther habitat, purchase of 154 acres of panther habitat in CREW, and-the purchase of.QQ7 ores of panther habitat in Hendry County. Therefore, the Service concurs with the Corps' may affect determination and request for formal consultation for the Florida panther. The Service has received all of the information necessary to initiate formal consultation on the wood stork and Florida panther as required in the regulations governing interagency consultations (50 CFR § 402.14). Service Log number 4- 1- 01 -F-606 has been assigned to the proposed project. Please refer to the log number in future correspondence regarding this consultation. The Service has up to 90 days to conclude formal consultation with the Corps and an additional 45 days to prepare our biological opinion (unless we mutually agree to an extension). Therefore, we expect to provide the Corps a biological opinion on or before May 20, 2004. However, we will expedite the biological opinion for this project, in light of the timely receipt of requested information and cooperation of all parties involved. The ESA requires that, after initiation of formal consultation, the Federal action agency make no irreversible or irretrievable commitment of resources that would Iiniit future options. This ensures that agency actions do not preclude the formulation or implementation of reasonable and prudent alternatives necessary to avoid jeopardizing the continued existence-of threatened or endangered species and to avoid destroying or adversely modifying designated critical habitat. Thank you for allowing us to provide these comments and for your cooperation and effort in protecting federally listed species. If you.have any questions regarding this project, please contact Brad Rieck at 772 -562 -3909, extension 231. A,PpiiCATI iti NU1%1RzR 030709 -15 cc: FWC, Punta Gorda, Florida SFWMD, Fort Myers, Florida EPA, West Palm Beach, Florida Sincerely yours, v Linda S. Ferrell Assistant Field Supervisor. South Florida Ecological Services Office ADDI./REVISED SUNWTTAL .S:N2 ii 2211 44 FORT MYERS.SER` ICE CE'N HIBIT3,; i i ADDI��,c�':�ED SUBMITTAL WA OCT- 2 2 2003 06/02 FORT MYERS SERVICE= CENTER Form 1105 STATE OF FLORIDA PERFORMANCE BOND TO DEMONSTRATE FINANCIAL ASSURANCE Date Bond executed: Effective date: Agenda Item No, 8G January 23, 2007 Page 417 of 516 sr. ;tr .i :r Principal: aLO 0c-vCuarft.CAJT L: - L,.. L. P Legal Name and Business Address of Principal SlUrr 'C'o C~41z*- `PO- 111 41-13, . - 13071 Type of Organization: State of Incorporation: Individual Joint Venture Partnership Corporation License and Registration: The Surety is licensed and registered in the State of Florida. Surety(ies): Name(s) and Business Addresses) Scope of coverage: Mitigation, maintenance and monitoring pursuant to the requirements of pen-nit number 11-02091---P issued by the South Florida Water Management District ('District ") including the plans approved by said perr it. Total penal stun of Bond: Surety's Bond number: A,1'Vt..9rJ'A110N €�fUrAgEn 0 3 0 7 0 p r,: d. 4 F 1 EXHIBIT 3. 1 G'a Agenda Item No. 8G January 23, 2007 Page 418 of 516 ob /o2 Form 1105 Period of Coverage: This Bond shall continue to be effective until notification of final release hy figict. The District shall provide this notification of final release within 30 days of detenmuiing the rnih on is successful in accordance with subsection 4.3.6, B.O.R., incorporated by reference into Rule 40E4,091, Florida Administrative Code.. KNOW ALL PERSONS BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto are firmly bound to the District in the above penal sum for. the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Sureties are corporations acting as co- sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set foith opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall successfully complete mitigation, maintenance and monitoring to the satisfaction of the District which this Performance Bond ( "Bond ") guarantees, as required by District permit number and the plans approved by such permit, as such prn -nit and' plans: may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended, Or, if the Principal shall provide alternate financial assurance, as specified in the administrative Hiles of the District, and obtain the District's written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the District from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect, The Surety(ies) shall become liable on this Bond obligation only when the Principal has failed to fizlfill the conditions described above. Upon notification by the Director of the Natural Resource Management Department of the District that the Principal has been found in violation of the requirements of permit number 111-0Z - by failing to perform the mitigation, maintenance and monitoring activities for which this Bond guarantees performance, the Surety(ies) shall, within 60 days of receiving such notice, either perform such construction and implementation in accordance with the permit and other permit requirements and pursuant to the written directions of the District, or place the Bond amount guaranteed for the mitigation, maintenance and monitoring (the total penal sum of this Bond) into a standby trust fiend as directed by the District, Upon notification by the Director of the Department of Resource Management of the District that the Principal bas failed to provide alternate financial assurance and obtain written approval of such assurance from the District during the 90 days following receipt by both the Principal and the District of a notice of cancellation of the Bond, the Surety(ies) shall place funds in the amount guaranteed for the mitigation, maintenance and monitoring (the total penal stun of this Bond) into a standby trust fund as directed by the District. ADDL/REVISED SUBMITTAL OCT 2 2 Agenda Item No. 8G January 23, 2007 . Page 419 of 516 !I ,1 06/02 Form 1105 r The Sure ty( es } hereby waive(s) notification fcation of amendments to the mitigation pl , applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in any way a e ' e its (their) obligation on this Bond. The liability of the Surety(es) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum shown on the face of the Bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum. The Principal may terminate this Bond by sending written notice to the Surety(ies); provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the Bond by the District, Principal and Surety(ies) hereby agree to adjust the penal sum of the Bond every two years so that it guarantees increased or decreased mitigation, maintenance and monitoring cost provided that no decrease in the penal sum takes place without the written permission of the District. IN WITNESS WHEREOF, the Prinbipal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above. The persons whose signatures appear below hereby certify that they are authorized to execute this Bond on behalf of the Principal and Surety(ies). PRINCIPAL Signature Ze/. ' Name and Address CORPORATE SURETY(MS) For each co-surety provide the following: Corporate Seal Slate of Incorporation Liability Limit $ Signature Type Name and Title Corporate Seal ADDUREVISED U Mtf�At FoRI E WRIT -� 1,,-) c . ( r� cD °0 CD n ON O z 0 NN i CN Cc. :D M CZ CCZ 4J � m Q r 0 r a� Q. C O tQ M 0 c N G] � C N C 0 t4 � C Nom+ W 41 O 0 !L N z 0 6f R d A I H 0 a Tr{ m IO Y 'Q III r. M tp M Q V Y M M z o z o a m n N z to r to r z z n c� nl e7 k l7 Of ti ti Y C ~ m .L[ X ¢ ! Vm 4 0 p a 0 u4 a 0 g 0 0 O v ° 0 0 a. E Q a (D lu a A 5 d •O A Q � d C67 CQ7 e C ❑ Z Fes- d m V) v ! o R 0 a rn M m u c❑ d In co n� C t2 Y `` L cc Q r a Tr{ m IO Y 'Q III r. M tp M Q V Y M M z z z o z o o m n N z z z z z n c� nl .- ti Y fL 0 ~ m .L[ X ¢ 0: CC ¢ a 0 0 0 p a 0 u4 a 0 g 0 0 O 0 0 a_, 8 8 (D c�7 a A 5 p •O d c07 C� C67 CQ7 h o ch n w w N o N v m V) ,- m rn v E: rn M m cl 7 c❑ d In co n� •- `r Y `` o a r a a N C3. CL � v ❑� YQ ..* �- 27 c N 1C U y o 0 pf U% — c m to v ❑ p O W L �«1 LL. m W in Q 4 a. 2 U- 'S w e z z z z z z z z z z z z z CC fr a: cr fL 0 M ¢ a: .L[ X ¢ 0: CC ¢ a 0 0 0 p a 0 u4 a 0 g 0 0 O 0 0 a_, 8 8 (D c�7 a A ua. LL c07 C� C67 CQ7 h o ch n w w N o N v m V) ,- m rn v M m rn M m cl 7 c❑ d In co n� •- `r Y `` o M r a ❑� YQ ..* �- N N N N CV N N EXHIBIT 3. 1 � op. u APPLICATION NUMBER 030709 -'1,5 Agenda Item No. 8G _ January 23, 2007 U EVISED SUBMITTi-i'" Page 421 of 516 AL OC r '2.2 20o� FORT MYERS StRACE CENTER AMCNDED AND RE, ST.A.TE,D FLOW -WAY AGREEMENT This Amended and Restated Flow -Way Agreement supercedes the previously executed Flow- Way Agreement filed with the Secretary of State's Office the 3rd day of May 2001. THIS AMENDED AND RESTATED FLOW -WAY AGRBEMENT (the "Agreement ") is made by and between I.D. Nicewonder, Robert -Vocisano as Co- Trustee under Land Trust Agreement dated May 24, 1995, and OLDE CYPRESS DEVELOPMENT, LTD., (hereafter collectively referred to as "the Parties ") whose addresses are set forth in Paragraph N below. 1. WHEREAS, J.D. Nicewonder is the owner of a parcel of property containing approximately 1558 acres described in Exhibit A on which will be developed a project known as MIRASOL (hereafter referred to as " WRASOL" ); and 2. WHEREAS, Robert Vocisano is Co- Trustee under a Land Trust Agreement dated May 24, 1995 to a parcel of property containing approximately 646 acres described in Exhibit B on which will be developed a project known as TERAFiNA (hereafter referred to as "TERAFINA "); and 3. WHEREAS, OLDS CYPRESS DEVELOPMENT, LTD. is the owner of a parcel of property containing approximately 500 acres described in Exhibit C on which is developed a project known as Olde Cypress (hereafter referred to as "OLDE CYPRESS "); and 4. W1-1ERTAS, MIRASOL and TERAFINA desire to permit, construct, operate and maintain a flow -way for the discharge of surface waters from MIRASOL and upstream properties to the Cocohatchee Canal. A conceptual sketch of the proposed flow -way (hereafter "Flow- Way ") is set forth in Exhibit D and EXHIBIT �� Agenda Item No. 8G rtUUL11A1_VftDF,1J 61j °011 JAL January 23, 2007 -- Page 422 of 516 pgl l}nm � C� OCT 2 2 20U3 _. oil 7 0.9 � � � : FORT MYERS SERVICE CENTER 5. WHEREAS, the general design of the proposed• EIovv -`tiVay will call for the construction of ti series of connected lakes (hereafter "Chain of Lakes "), and other conveyances along the exterior boundaries of the Flow -Way which will serve to convey surface water south to the Cocohatchee Canal as well as preserve, enhance, and restore the interior of the Flow -Way (including restoring hydro - period to the wetlands /marsh area and preservation of isolated uplands); and b. WHEREAS, the Parties desire -that MIRASOL, as part of its application submittals for its project in sections 10, 15, and 22, shall include- the Zest -mod modeling information for all of the Chain of Lakes; and 7. WHEREAS, TERAFINA has cross - referenced this information' in its applications to SFWMD and the USACOE, and OLDS CYPRESS has agreed to modify its existing SFWND/USACOE permits to include the Chain of Lakes; and S. WIIEREA.S, the obligations of MIRASOL, TERAFINA and. OLDE CYPRESS as provided for in this AGREEMENT are contingent upon the final SFWMD Permit and Collier County zoning approvals for the MIRASOL and TERAFINA projects. These permits must be obtained by April 22, 2003 or this Agreement shall be null and void. NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound hereby, mutually covenant and agree as follows; A. OBJECTIVES. MIRASOL and TERAFINA recognize the need for a unified position and cooperative effort in order to most effectively and efficiently obtain the necessary approvals for construction of the Chain of Lakes. The Parties further recognize that the Flow -Way, including the Chain of Lakes, will be an integral part of their respective projects. Page 2 of XHIBIT Z/ . Agenda Item No. 8G January 23, 2007 Page 423 of 516 The mutual objectives of the Parties in designing, permitting and consmmting the Chain of Lakes are as follows: 1. MIRASOL will apply to the South Florida Water Management district for an Environmental Resource Permit, the US Army Corps of Engineers for a Section 404 Dredge ' anal Fill Permit and Collier County, for a Clearing and Excavation Permit as necessary to construct the Chain of Lakes. TERAFINA and OLDS CYPRESS will include the Chain of Lakes in their respective permitting applications relying on designs and calculations generated by MIRASOL so as to ensure consistency amongst the submittals. Permitting of those portions of the Flow -Way within each Partv's ownership or control, other than the Chain of Lakes, will be the responsibility of the individual Parties MIRASOL agrees to pay all permitting costs incurred by OLDS CYPRESS relating to the Chain of Lakes and the Flow -Way. 2. The Chain of Lakes will be designed to eliminate the need for compensating storage on MIRASOL and TERAFINA. 3. The Chain of Lakes will be designed to mmimi�e environnatntal impacts Lakes, to offset arty njifi requirements that may be imposed, MIRASOL will Page 3 of 14 0 01 c E�t1 within the footprint of the Chain of Lakes System, and to provide offsite hydrologic _, improvements, resulting in net positive mitigation credits 'to compensate for any LLJ m U) o Lu environmental impacts attributable to construction of the ,Chain of Lakes .(see U) N W to i Paragraph B below). MMASOL and TERAFINA shall be responsible for meeting ca cc � - the mitigation requirements resulting fnm their individual 9TOjects, and may, use the 0 o portion of the Flow -Way within their ownership cj' control, other than'the Chain. of ¢ Lakes, to offset arty njifi requirements that may be imposed, MIRASOL will Page 3 of 14 0 01 c E�t1 Agenda Item No. SG January 23, 2007 Page 424 of 516 satisfy any mitigation required as a result of the OLDE CYPRESS permit modifications relating to the Chain of Lakes and the Flow -Way. 4. Each Party- shall be responsible for constructing that portion of the Chain of Lakes � within its ownership or control. MIRASOL shall bear initial operating and maintenance -responsibilities for the Flow -Way. I_f TERAFINA uses the Flow -'Way as its "outfall"., then TERAFINA will reimhurse -MIRASOL for its pro rata share of maintenance and operation expenses as determined in Paragraph D below. MIRASOL shall pay the operation and maintenance expenses for that portion of the Chain of Lakes within the OLDS CYPRESS property. 5. Once constructed and operational, the parties intend tp convey the Chain of Lakes to the Big Cypress Basin Board (hereafter "BCBB ") of the South Florida Water Management .District for operation and maintenance as a Work of the Basin. If not accepted by BCBB, the parties will - convey to such other governmental or - quasi- governmental entity acceptable to both the parties and regulating governments. In the event the BCBB, or other entity, requires a fee as a condition of accepting the Chain of Lakes (to offset long -term maintenance expenses) MIRASOL shall pay its own and OLDE CYPRESS'S pro rata share, and if TERAFINA utilizes the Flow -Way as its "outfall ", then TERAFINA shall pay its pro rata share, B. MITIGATION FOR CHAIN OF LAKES. As -set forth in Paragraph A the objective of MIRASOL and TEIA:PIAI,, is to. design permit and construct the Chain of Lakes in a . manner that will eliminate compensating storage, and improve 'offsite hydrologic conditions in this watershed. MIRASOL's consultants have analyzed the improvements to hydrology and storage in the area. MIRASOL's objective is to have Esn ,en t. I� mental impacts Page 4 of 14 Eel � � i,t tRRBIT r � w � U F4 C1LU co cn w �_ i o a 0 0 Agenda Item No. SG January 23, 2007 Page 424 of 516 satisfy any mitigation required as a result of the OLDE CYPRESS permit modifications relating to the Chain of Lakes and the Flow -Way. 4. Each Party- shall be responsible for constructing that portion of the Chain of Lakes � within its ownership or control. MIRASOL shall bear initial operating and maintenance -responsibilities for the Flow -Way. I_f TERAFINA uses the Flow -'Way as its "outfall"., then TERAFINA will reimhurse -MIRASOL for its pro rata share of maintenance and operation expenses as determined in Paragraph D below. MIRASOL shall pay the operation and maintenance expenses for that portion of the Chain of Lakes within the OLDS CYPRESS property. 5. Once constructed and operational, the parties intend tp convey the Chain of Lakes to the Big Cypress Basin Board (hereafter "BCBB ") of the South Florida Water Management .District for operation and maintenance as a Work of the Basin. If not accepted by BCBB, the parties will - convey to such other governmental or - quasi- governmental entity acceptable to both the parties and regulating governments. In the event the BCBB, or other entity, requires a fee as a condition of accepting the Chain of Lakes (to offset long -term maintenance expenses) MIRASOL shall pay its own and OLDE CYPRESS'S pro rata share, and if TERAFINA utilizes the Flow -Way as its "outfall ", then TERAFINA shall pay its pro rata share, B. MITIGATION FOR CHAIN OF LAKES. As -set forth in Paragraph A the objective of MIRASOL and TEIA:PIAI,, is to. design permit and construct the Chain of Lakes in a . manner that will eliminate compensating storage, and improve 'offsite hydrologic conditions in this watershed. MIRASOL's consultants have analyzed the improvements to hydrology and storage in the area. MIRASOL's objective is to have Esn ,en t. I� mental impacts Page 4 of 14 Eel � � i,t tRRBIT r � ADDUKtV►z3ty av� Agenda Item No. 8G N;IW23 2007 25 of 516 OCT 2� 2003() ^Jp FORT MYERS SERVICE CENTER associated wxt construction of the Chain of Lakes mitigated by the above -- described improvements and to meet the environmental mitigation required by SFWMDIUSACOE for the OLDE CYPRESS modification. Any mitigation requirements nr credits attributable to the Chain of Lakes within OLDE CYPRESS _ and TERAFINA shall be assumed by MIRASOL.' -If TERAFINA utilizes the Chain ' of Lakes and Flow -Way as its outfall, then TERAFINA shall assume any mitigation • requirements or credits relative to construction of the Chain of Lakes and Flow -Way within TERAFINA. All. mitigation requirements and credits for the Flow -Way other than the Chain of Lake,; shall be the. sole. responsibility of the individual Parties and are outside the scope of this Agreement. MIRASOL and TERAFINA shall work with the respective agencies to satisfy mitigation requirements as mandated by their individual permits for their projects, C. CONSTRUCTION. Each Party shall be responsible for constructing that portion of the Chain of Lakes within the property under its ownership, or control, :however the -portion of the Chain of Lakes within the OLDE CYPRESS property will be constructed by TERAFINA. Such construction shall be in strict compliance with the terms and conditions of any and all permits or approvals relating to the Chain of Lakes. If construction is not timely. undertaken by TERAFINA .pursuant to the timeframes established and agreed upon by the Parties in the final construction schedule, MIRASOL shall be entitled to enter TERAFINA and OLDE CYPRESS and complete construction as designed. Any construction activities by a Party resulting in the issuance of a Notice of Violation or imposition of penalties by a permitting agency shall be the responsibility of the individual Party to cure and bring into compliance with the applicable agency regulations, bearing all costs for same, MIRASOL, as pen-nittee of the Chain of Lakes shall maintain the right to ensure permit compliance by all Page of 14 �� I IT OCT 2. 72-2003 FORT` MYERS Sl RVICE CENTER Agenda Item No. 8G January 23, 2007 e e age 426 of 516 03.d7019 - 15 Parties, including, but not limited to, the right to cure permit violations and recover from the offending Party all costs associated therewith. MIRASOL shall be. responsible to construct the 6utfall structure located in OLDS- CYPRESS and further described in. paragranh L below. D. INTERIM AND LONG TERM MAINTENANCE AND OPERATION. On an interim basis, MIRASOL will be directly responsible for the operation and maintenance expenses of the Chain of Lakes. It is the intent of the Parties, however, that upon completion the Chain of Lakes it will be transferred to the BCBB. In the event that the BCBB does not accept these responsibilities, the Parties agree that a single entity (association or CDD) may be formed to operate and maintain the Chain of Lakes. If a CDD is formed it shall be granted the long- term maintenance and operation responsibilities for the Chain of Lakes upon the MIRASOL, TERAFINA and OLDE CYPRESS properties. Such entity shall be created when required by either the USACOE or SFW 0 permit. OLDS CYPRESS; which is not benefited by the Chain of Lakes, shall not be required to join the CDD, share pro -rata in the maintenance and operation costs discussed below, or share in the cost of formation of the entity responsible for long teen maintenance. The Parties agree that any current or firture project utilizing. the.Chain ,of Lakes and Plow -'Way for water management discharge will contribute to the maintenance end operational costs of the Chain of Lakns. A single project's pro -rata cost contribution shall be in proportion to its percentage of the total contributing project development acres that outfall into Chain of Lakes and Flow -Way, The calculation of development acres shall exclude lands within the Flow -Way, TERAFINA's obligation to pay a pro -rata cost share of the formation of an association or CDD, interim and long -term operation and maintenance costs is conditioned uuon TERAFINA utilizing the Flow -Way as its water management "outfall ". TERAFINA' S current water management plan utilizes an outfall west, of the canal weir structure fronting OLDE CYPRESS. MIRASOL shall be responsible for creating the entity, Page 6 of 14 H BIT "t . EXM AD0U11tVItal~p, U131A111 /AL OCT. 2 2 2003 FORT' MYERS SE=RVICE CENTER the Parties shall cooperate by executing such d Agenda Item No. 8G January 23, 2007 Page 427 of 516 APPLICATION NUMBER 030709-'15 ocurnents as necessary io create the entity and to give such entity authofity to operate and maintain the Chain of Lakes. Long term maintenance and operation of the Flow -Way, other than the Chain of Lakes, shall be as set forth in each Party's individual permits for their respective projects. E. STUDIES AND OTHER MATERIALS. To assist in the completion of permit applications, the Parties shall provide N HRASOL all correspondence, reports and other documents involving their property which they feel may affect the Chain of Lakes, 'including but not limited to governmental approvals or .pending applications for Governmental approvals; soil reports; surveys and planning studies; flood plain analyses; aerial photographs, topographical reaps and studies; engineering studies and plans; and any abstracts of title, title opinions, title insurance policies or title documents which relate to the condition or development of the Chain of Lakes. Documentation of each Party's legal and financial control of their property should also be provided. It is understood that the information above should be limited to that which bears relation to the Chain of Lakes area only and that will assist in the efficient preparation of application submittals. Nothing in this sub - paragraph is intended to require the Parties to submit privileged information or general information concerning their property not helpful to the objectives of this Agreement. F. COUNTY APPROVALS. As part of its project submittals MIRASOL will prepare and submit applications and required supporting documentation necessary to obtain County clearing and excavation permits necessary for the Chain of Lakes. TERANNA and OLDE CYPRESS will provide the necessary authorization required for MIRASOL to act in their behalf for obtaining these County approvals. If TERAHNA utilizes the Chain of Lakes. for its Page 7 of 14 A rfi I f (. tG Agenda Item No. 8G January 23, 2007 OCT 2 2 2003 APPLICATI UN .NIL] M Ya F Page 428 of 516 T M S ERVICE CENTER � 7 FORT S outfall, TERAFINA shall reimburse MIRASOL for its pro -rata share _of obtaining the approvals, up tog maxi nllm fj = of.$20,GAQ. G. - CONSTRUCTION COSTS. Each Party shall construct that portion of the Chain of Lakes within each of its respective properties except as noted in paragraph C. All fill material obtained by a Party during construction shall remain the property of that Party to utilize or dispose of as desired. In the event TERAFWA fails to initiate and complete construction of their portion of the Chain of Lakes, consistent with the timeframes established in the final construction schedule, MIRASOL shall have the right to construct that portion of the project and, as full compensation, retain all fill material obtained during construction, . To remove any incentive for a Party to abandon construction following the removal of all organic or easily obtainable /valuable material, the Parties agree that the remaining Parties are authorized to complete any portion of the project abandoned and to recover all construction costs associated with same (as well as any remaining spoil material, the value of which shall be deducted from the total recoverable costs). The abandoning Party shall be given written notice and a cure period of 30 days to resume construction from the date of receipt of said notice. H. PARTIES REPRESENTATIONS WITH RESPECT TO THE PROPERTY. Each Party hereby represents to each other Party that as of the Effective Date they: 1, have the sufficient legal authority to conduct the proposed activities on that portion of their property included within the Chain of Lakes (proper documentation must be forwarded t0 NUMSOL for inclusion in the permit application package). 2. are not aware of pending or threatened condemnation or similar proceeding affecting their property included within the Chain of Lakes or any portion thereof; Page 8 of 14 r-AhBiT Agenda item No. 8G January 23, 2007 Page 429 of 516 U X09`, 3. are not aware of legal actions, suits or other legal or administrative proceedings pending that affect that portion of their property included within the Chain of Lakes (other than the current proceedings instituted by TERAFINA against the South Florida Water Management District). 4. are. not aware of any oral or written service, maintenance, landscaping, security, management or similar contract which could affect the operation or maintenance of that ------ '- portion of their property included within'the Chain of Lakes; < U-1� E 1 5. are unaware of any leases, oral or written, affecting that portion of their property CO - 0 - f included within the Chain of Lakes or any part thereof, nor any other right, title or ©. U-j s., interest granted to any other individual or entity; c ° Cn Ui 6.. the persons signing below represent that they are duly authorized to execute this 0 o Agreement; and 7. do not believe there to be any adverse 'or other parties in possession of their property included within the Chain of Lakes; I. INDEMNIFICATION. The Parties hereby agree to defend, indemnify, save and hold MIRASOL harmless from and against any and all liabilities and claims, other than MIRASOL's own negligence or willful misconduct, regarding or relating to the permitting or construction of the Chain of Lakes including any property damage or contractual liability resulting from any acts or omissions of MIRASOL arising under its obligations set forth in this Agreement. MIRASOL shall insure that all contractors constructing the Chain of Lakes carry a three million dollar general liability policy naming TERAFINA and OLDS CYPRESS as additional insureds. J. ASSIGNMENT. In the event a Party conveys its interests in the above- described properties, this Agreement, together with its corresponding responsibilities, obligations and Page 9 of 14 MIT 'I, (�f Agenda Item No. 8G January 23, 2007 Page 430 of 516 2 2003 , FORT {DYERS SERVICE CENTER liabilities shall be assigned to the new owner of the property and that new owner shall assume all responsibilities, obligations and liabilities set forth herein. K. CHAIN OF LAKES EASEMENT. The Parties understand that the final configuration and location of the Flow -Way and Chain of Lakes will depend upon SFWMD permitting. Once final, the Parties will execute sufficient construction, maintenance and drainage conveyance easements to satisfy the intent and obligations of • the Parties set forth herein. The easements shall be in a form acceptable to SFWMD or other appropriate governmental entity. L. DRAINAGE AND MAINTENANCE EASEMENT. MIRASOL shall permit and construct the outfall structure that will provide the discharge from the Chain of Lakes to the Cocohatchee Canal. To allow construction, long -term operation and maintenance of this structure, OLDS CYPRESS shall provide to AI RASOL not to exceed forty -feet wide, non- exclusive easement on the western boundary of Lot # 1 of Preserve Commons. The easement shall be executed and held in escrow by Quarles and Brady until SFWMD and Collier County zoning approvals for TERAFINA are obtained, at which time it will be released to MIRASOL M. ADDITION OF OTHER PARTIES TO THE AGREEMENT. Providing the design capacity of the Chain of Lakes (580 cfs) has not been exceeded, MIRASOL shall have the unilateral right to approve other Parties to join in this Agreement and discharge to the Chain of Lakes under appropriate terms and conditions that shall be set forth in an addendum to this Agreement. Should the design capacity of the Chain of Lakes be exceeded, then additional Parties could only join in this Agreement with the unanimous approval of all current signatories to the Agreement, Page 10 of 14 EXICH I 'T '4, 9 Agenda Item No. 8G January 23, 2007 Page 431 of 516 N. NOTICES. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in U.S. Mail, postage prepaid, within the time limit, For the purpose of calculating time limits, time shall be calculated from actual receipt of the invoice or notice. Time shall ran only on business days which, for purposes of this Agreement, shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follow: ADS R VE iSE S�l3TA1. V; �ENSER Page 11 of 14 SIT C/+ �` ADDUREVISED SUBMITTAL. OCT 2 2 2003 FORT MYERS SERVICE CENTER Par Address Agenda Item No. 8G January 23, 2007 Page 432 of 516 APPLICATION NUMBER With Required Copy to: MIRASOL c/o Don Milarcik Stephen Walker Celerity Construction Lewis, Longman & Walker, 6205 Carlton Lakes Blvd. 1700 Palm Beach Lakes Blvd. Naples, FL 34110 Suite 1000 West Palm Beach, FL 33401 TERAFINA c/o Paul Hardy 5692 Strand Court, Naples, F134110 OLDE CYPRESS c/o Paul Hardy 5692. Strand Court Naples, Fl 34110 Frank Matthews Hopping, Green, Sams & Smith 123 South Calhoun Street P.O. Box 6526 Tallahassee, FL 32314 Frank Matthews Hopping, Green, Sams & Smith 123 South Calhoun Street P.O. Box 6526 Tallahassee, FL, 32314 O. DISPUTE RESOLUTION. All claims, disputes and other matters in question between the Parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be decided by mandatory and binding arbitration in accordance with the rules of the American Arbitration Association (the "AAA ") currently in effect unless the Parties mutually agree otherwise. P. EFFECTIVE DATE. The Effective Date hereof shall be the date the last Party hereto executes this Agreement. Q. TIME. Time is of the essence in this .Agreement. R. PARTIES. The rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties hereto, their heirs, successors, administrators, consultants, agents and assigns. A Party assigning his rights or obligations under this provision should Page 12 of 14 E X H 183 1 T 'i 'I Agenda Item No. 8G January 23, 2007 Page 433 of 516 OCT-2 2 2003 Appl_9ct4 bm MUNIR R FORT MYERS SERVICE CENTER 03 0 7 0 9— 15 immediately provide notice of such (including name, address and relevant information of assignee) to all remaining Parties. As used in this Agreement, any gender shall be deemed to refer to the appropriate gender, whether masculine or feminine, and the singular shall be deemed to refer to the plural where appropriate, and vice versa. S. PARTIAL INVALIDITY. In the event that any paragraph or portion of this Agreement is determined to be unconstitutional, unenforceable or invalid, such paragraph or portion of'this Agreement shall be stricken and the remaining portion of ties Agreement shall remain in full force and effect. T. WAIVER OF BREACH. The failure of any Party hereto to enforce any provision of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affedt the validity of all or any part of this Agreement or the right of such Party thereafter to enforce each and every. such provision. No waiver of any breach- of this Agreement shall be held -to constitute a 'waiver of any other subsequent breach. U. ATTORNEY'S FEES. In the event arbitration and /or litigation is required by any Party to enforce the terms of this Agreement, the prevailing Party of such action shall, in addition to all other relief granted or awarded by the court, be entitled to judgment for reasonable attorneys' fees incurred by reason of such action and all costs of suit and those incurred in preparation thereof at both the trial and appellate- levels. Nothing in this paragraph shall diminish, detract from or affect the Parties' agreement to arbitrate disputes as set forth in paragraph O. V. ENTIRE AGREEMENT. This Agreement, including the Exhibits attached hereto, which are incorporated herein by reference, contains the entire Agreement between the Parties and all other representations, negotiations and agreements, written and oral, are Page 13 of 14 EE H iT f , 2 Agenda Item No. 8G January 23, 2007 Page 434 of 516 superseded by this Agreement and are of no force and effect. This Agreement may be amended and modified only by instrument, in writing, "executed by all Parties hereto. W. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, with all such counterparts constituting a single instrument. X. CAPTIONS. The captions contained herein are for convenience only and are not a part of this Agreement. Y. ' APPLICABLE LAW. This Agreement shall be construed by and controlled under the taws of the State of Florida. Z. NO AGENCY OR JOINT VENTURE. This Agreement shall not be construed to in any way establish a partnership; joint venture, or express or implied employer- employee relationship between the Parties. IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the of , 2002. 0V$L1CWi 100 NU411MER : J. D. NICEWONDER Ppp ERS Sfi��1C�- GE�1��R Page 14 of 14 "H I IT L.(, 1 Agenda Item No. 8G January 23, 2007 Page 435 of 51.6 IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the r �t Of o�v ►� iz.t , 2002. Witnesses; By OLDE CY?"SS DEVE T, LTD. yo u L { —1 ►y R�U f �: it cis b� T APPUCATION ?4UMprp 030709 -15 EXHIBIT Agenda Item No. 8G January 23, 2007 Page 436 of 516 IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the la of 2002. Witnesses: , U().1rU3Lee 1111UM Ltuiu IIUa6'- �5.,..._,. -... dated May 24, 1995 L1Client Documents\M'vaml\4246\Migc\Flow way Final Revised Changes Highlighted.doc Ut!A1C8ow HORM R 07�� P 2t 1 T a j FRW AGWL I BARBER M, -9aE s Agenda Item No. 8G January 23, 2007 Page 437 of 516 PHONE NCI. APR. 30 20 @1 04:34pM F'� �GNU1• f � � 1 � 7 hT r IL aNn . f o soo Igoo sao SCALE IN FEET ADDUREVISED SUBMITTP L OCT 2 2 2003 FORT MYERS SERVICE CENTEh f MIRASOL i PROJECT IS LOCATED 1N: TOWNSHIP 48 SOUTH RANGE 25 EAST SECTIONS 10, IS A PORTIONS OF 22 TOTAL PROPERTY =1558 Ac& j I 07(�� M GKOLI ARBER be q u ]YofuiioeAl Bu incmf, ]'lanitofr & ixt)d 5uNayorc r,�.,o_,,,,,�wa7.;r,r.A v•nA K.�+ia -Ks WLJIf.)Itt ./w pf r�x f.n WN.0.JNOl • h•'. Mf)XIM lit .w,A, rllKilf! Clntioe'o! Mf�li�l �a Cl.r.IJtaUdsN 1laW PAOX"! gxmc MAWNQ 1'TLC MIRASOL P.U.D. SECTIONS 10,15 & Portions of 22 Flow Way Agmment Exhlb it A ri FROM : HUMOL I BARBER BRI -iQE Agenda Item No. 8G January 23, 2007 Page 438 of 51.6 PHONE N0. APR" :'0 2001 04.31 pM P3 . . . . . . . . . . . . . . . . . . . . TERAFINA 'PROJECT IS LOCATED ff'4! TOWNSHIP 48 SOUTH RA90115-2611-FAST SECTION 16 TOTAL PROPERTY - 5" Ac.± N 14 C, NO 1. . . . . . . . . . . . . . . . . . . . . V IV . . . . . . . . . . ........... X. OLI 03 0 7 0 p, 21 ER 6c — UNDAr4E, INC. aid 1Y- larld 5urmywo, K7 LP4U -h- )?"Ili TMrdY-AAME - D—R—AWW-nTV TERAFINA P.U.0, SECTION IS, T 48S, R 29 E FIDW Way Agroomont Exhibit 8 aV DRA ST Rop I A88 PROJECT Ntp.: 7883 -ERF 'K sy: "D FU DATE - t>4/J0A)7=01(AWN0 rILE Na -sc&r- - i , 'r low- .. I- sHrg- I Ekj",R TERAFINA 'PROJECT IS LOCATED ff'4! TOWNSHIP 48 SOUTH RA90115-2611-FAST SECTION 16 TOTAL PROPERTY - 5" Ac.± N C, NO 1. ko 0 500 1000 2000: SCALE IN r.ECT V IV . . . . . . . . . . ........... X. OLI 03 0 7 0 p, 21 ER 6c — UNDAr4E, INC. aid 1Y- larld 5urmywo, K7 LP4U -h- )?"Ili TMrdY-AAME - D—R—AWW-nTV TERAFINA P.U.0, SECTION IS, T 48S, R 29 E FIDW Way Agroomont Exhibit 8 aV DRA ST Rop I A88 PROJECT Ntp.: 7883 -ERF 'K sy: "D FU DATE - t>4/J0A)7=01(AWN0 rILE Na -sc&r- - i , 'r low- .. I- sHrg- I Ekj",R FRM 7 RUNOU BARBER HRLhr -• Yfr P40NE N0, Agenda Item No. 8G January 23, 2007 Page 439 of 516 APR.. 30 ---Wj 04: �pM P4 OLDE CYPRESS PROJECT IS LOCATED IN: TOWNSHIP 48 SOUTH RANGE 20 EAST SECTION 21 TOTAL PROPEFtTY ju 500 Ac,:t 0 500 1000. 2000 SCALE IN FEF-7 NDID I E&GNOU "PR & RUM AG)r, INC. 1'ro eud aewl Engineasl Plaacess ac Psnd Sunryam Vi11�Gwr faa nr:., {W N..?1.1., sr.• Hlil -n.l OU 11 M"1111*1 wlr lw1u1 L.CL.wn 1{ 7ii[. n4fAr• 7.. 1M�. FC. flat.ftit"l�3$74,11•1"IMl.l►�im G..d6eeN dMnud++�e� Ho/.1M lLii acd lCl3Y� AWIPi � OLDS CYPRESS SECTION 21, T 448, R 26 E Flow Way Asirsement _ Exhibit C zwo ' Agenda Item No. 8G January 23, 2007 Page 441 of 516 STAFF REPORT DISTRIBUTION LIST TERAFINA Pl.1D Application No: 030709 -15 Permit No: 11- 02055 -P INTERNAL DISTRIBUTION X Marie Dessources - 7420 X Stephanie R. Smith, P.E. - 7420 X Ricardo A. Valera, P.E. - 7420 X Ross T. Morton, P.W.S. - 7420 X A. Waterhouse - 4220 X ERC Engineering - 7420 X ERC Environmental - 7420 X Fort Myers Backup File - 7420 X J. Golden - 4210 X Permit File X R. Robbins - 4250 GOVERNING BOARD MEMBERS - Mr. Harkley R. Thornton - Mr. Hugh English - Mr. Kevin McCarty - Mr. Lennart Lindahl - Mr. Michael Collins Mr. Nicolas Gutierrez, Jr. Ms. Irela Bague Ms. Pamela Brooks - Thomas Ms. Trudi Williams EXTERNAL DISTRIBUTION X Permittee - Glh Development Lllp X Engr Consultant - Hole Mantes Inc GOVERNMENT AGENCIES X Collier County - Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation -and Park - District 8 - FDEP X FDEP X Florida Fish &.WIldll (,e Gons,ervat,loniCommission - Bureau of ProteCte '8pecres,�4 OTHER INTERESTED 'PARTIE X Audubon of Florida " - Charles Lee I' X Florida Wildlife Federation - Nancy Anne Payton X Loonore Relch X Mlrasol Development LLC X PMS, Inc. Karen Bishop X S.W.F.R.P.C, - Glenn Heath X Water Management Institute - Michael N. Vanatta �tyT Off. g�A7ls OS REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1520 ROYAL PALM SQUARE BOULEVARD, SUITE 310 FORT MYERS, FLORIDA 33919 .,juN 0 9. 20@g Regulatory Division South Permits Branch West Permits Section Fort Myers Regulatory Office SAJ- 1996 -3501 (IP -TWM) Mr. Bill Fenno G.L. Homes of Naples Associates II, LTD. 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, Florida 33323 Dear Mr. Fenno: Agenda Item No. 8G January 23, 2007 Page 442 of 516 The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of: a. The date of commencement of the work, b. The dates of work suspensions and resumptions of work, if suspended over a week, and C. The date of final completion. This information should be mailed to the Enforcement Section of the Regulatory Division of the Jacksonville District at Post Office Box 4970, Jacksonville, Florida 32232 -0019. The Enforcement Section is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions. IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED. Sincerely, D`/ . Bj f %� Lawrence ,C. Evans Chief, Regulatory Division Enclosures Copies Furnished: REC,E jV E Reading File, CESAJ -RD -PE NOV 0 2 2001; Agenda Item No. 8G January 23, 2007 Page 443 of 516 DEPARTMENT OF THE ARMY .. JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1620 ROYAL PALM SQUARE BOULEVARD, SUITE 310 REPLY 1'O FORT MYERS, FLORIDA 33919 ATTENTION OF JUN 022000, Regulatory Division South Permits Branch West Permits Section Fort Myers Regulatory Office SAJ -1996 -3501 (IP -TWM) Mr. Bill Fenno G.L. Homes of Naples Associates II, LTD. 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, Florida 33323 Dear Mr. Fenno: The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation of your permit application number SAJ- 1996 -3501 (IP -TWM), known as "Terafina." The project is located north of Immokalee Road and east of Interstate 75 in Section 16, Township 48 South, Range 26 East, Collier County, Florida. Our regulations require that you have an opportunity to review the terms and conditions prior to final signature by the Department of the Army. Enclosed are two unsigned Department of the Army permit instruments (permit). Please read carefully the Special Conditions beginning on page three of the permit. These were developed to apply specifically to your project. Water Quality Certification is also required prior to issuance of a permit. A copy of the State certification for your project has been received. In accordance with General Condition 5 of the permit, the Water Quality Certification has been attached to the Department of the Army permit. This letter contains an initial proffered permit for your proposed project /permit application. If you object to certain terms and conditions contained within the permit, you may request that the permit be modified. Enclosed you will find a Notification of Administrative Appeal Options and Process fact sheet and Request for Appeal (RFA) form. If you choose to object to certain terms and conditions of the permit, you must follow the directions provided in Section 1, Part A and submit the completed RFA form to the letterhead address. Agenda Item No. 8G January 23, 2007 Page 444 of 516 -2- In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been received by the District office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the above address by August 2, 2006. It is not necessary to submit an RFA form to the District office, if you do not object to the determination /decision in this letter. In this case, both copies must be signed by the applicant in the space provided on the signature page of the permit. In the case of corporations, acceptance must be by an officer of that corporation authorized to sign on behalf of the corporation. The party responsible for assuring the work is done in accordance with the permit terms and conditions must sign the permit. Please type or print the name and title of the person signing below the signature and the date signed. SIGN AND RETURN BOTH PERMITS, IN THEIR ENTIRETY, TO THE LETTERHEAD ADDRESS, ALONG WITH A CHECK OR MONEY ORDER FOR $100.00 MADE PAYABLE TO THE FINANCE AND ACCOUNTING OFFICER, JACKSONVILLE DISTRICT. Both permits will be signed by the District Engineer and one copy returned to you. It is important to note that the permit is not valid until the District Engineer signs it. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http: / /www.saj.usace.army. mil / permit /forms /customer_servi.ce.htm. Your input is appreciated - favorable or otherwise. Agenda Item No. 8G January 23, 2007 Page 445 of 516 -3- Should you have any questions, please contact Mr. Tunis McElwain at the letterhead via electronic mail at Tunis. W .McElwain @saj02.usace. army. mil, or by telephone at 239- 334 -1975, ext. 31. Sincerely, �/�r�" 1 `w7 �4'J br ijl(t Lawrence C. Evans Chief, Regulatory Division Enclosures Copy Furnished: (w/o encls) Passarella and Associates, Inc. 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'4-.. v iG` f•' i> • v ':Y+f. Wv. , :n h i,'"Fi 4, { ».,L.b>.o2^i?>•. .> : ?Y;, �a..3 :� �.. :. Applicant: G.L. Homes of Naples File Number: SAJ -1996 -3501 Date: 612106 Associates II, LTD. Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermussion) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E :. , :: :: : ^ ''lf[[. � :J yn .i ,. :: �v 3 8 —.S C��bo t J: h>.id� t:y1hh T :. ►. '. .� .:..n...,..:n..,: 1: .:.. .. .:. .... <.. :... .:3.L-• ^T::::;:'k::.,vn. :Y}:`r.•!Y..:. vY:... :. ::: iyHHyi+ x ....n...... ..:....... :..t. . u. f ..:.JfL '4.iS i:.i. ,3'•'' i,{. '}S4v : s n>�u"J:.JY:'>w.' . :{:: Li ULiS:.iYX.': .i>.!:Ywv .n'n:>',u .:C+. :- v. ,: .: : . ?- .n..�:a . : {: . i• ,.4:j ,♦l:v{(-..x�.:�.:y: ..�^ av� - r 4>: 1 : :?x •. i:v.,.•: . ., 4 ' •x:.: . .1 i:-...: : :. 4.:rn . :. r : .L vr.: r. . v. • .n..rv.: . 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J.r3v.4Y.!•F.n: Y. {!:: �.�!i.�- .. .lT�... .•RY.. ...• ... .... .. .. .:.. :.. .n .. n .. .., ..r ..., n....,{.,... ... ....... ::..:.......:•.•:.,..::..::. .....:.........:. :. .:r ..no>.4x..:.1:!.rxL '•� ; "•',+�•:� �:::;'•:•. vn•.., n:.i ,.. ..:. .:.3 \...»:, ....:.:C:...' ........ .. ... ................... .n..: ,.:.vr..:.. :...:: ::.,.A: n.. n>.:....::................. ... .... ....... .. v: %r:t3: �)f.•>:..ar,.,{ .. r..... ..b. ?:.41:4... u�v 4Y:> }'l..,v, .,v,W..L: 1>xr r •A' .. .. :r:.: r.,r,.x.:4x.ii:!•>;g1 w:.:•n. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCLI'T.• Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you ►nay accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the perinit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections trust be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the pernut to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the perinit having determined that the permit should be issued as previously written. After evaluating your objections, fire district engineer will send you a proffered pernut for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you pray sign the pennit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the perinit in its entirety, and waive all rights to appeal the permit, including its ternns and conditions, and approved jurisdictional determinations associated with the perinit. • APPEAL: If you choose to decline the proffered peanut (Standard or LOP) because of certain terns and conditions drercin, you may appeal die declined perinit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice, C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the foam to the division engineer. This forin must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACC.EPT.• 1'ou do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, nneans that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Aditrinistrative Appeal Process by completing Section II of Ibis form ,md sending the form to We division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding tine preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for finrther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Agenda Item No. 8G January 23, 2007 Page 447 of 516 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or i►eeting, and any supplemental information that the review officer IMS detennined is needed to clarify the administrative record. Neither the appellw►t nor the Corps ►nay add new information or analyses to the record. However, you inay provide additional information to clarify the location of information that is already in the administrative record. - MWEP, . ............ If you have questions regarding Us decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Project Manager as noted in letter Stuart Santos 904 - 232 -2018 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any governinent consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. I Agenda Item No. January 23, 2007 Page i of • II! M DEPARTMENT OF THE ARMY PERMIT A 5 M y,JfO srAfi.S of P�`Q� H�fo 4rAfrF ni P�`p` Permittee: G.L. Homes of Naples Associates Il, LTD. 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, Florida 33323 Permit No: SAJ- 1996 -3501 (IP -TWM) Issuing Office: US Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the US Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To discharge approximately 800,000 cubic yards of fill into 229.44 acres of jurisdictional freshwater wetlands. The applicant is also authorized to excavate approximately 700,000 cubic yards from 66.23 acres of jurisdictional freshwater wetlands. Total impacts to jurisdictional wetlands are approximately 295.67 acres. The work is to be completed in accordance with the attached plans numbered SAJ -1996 -3501 (IP -TWM) 13 sheets dated July 29, 2004. These drawings can be found in Attachment A, which is attached to, and becomes part of, this permit. Project Location: The proposed project involves freshwater forested wetlands within the Cocohatchee watershed and is located north of Immokalee Road and east of Interstate 75 in Section 16, Township 48 South, Range 26 East, Collier County, Florida Latitude 26 117'42" N, Longitude 81142'48" W Agenda Item No. 8G January 23, 2007 Page 449 of 516 SAJ- 1996 -3501 (IP -TWM) Terafina Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on June 2. 2011 . If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached (see Attachment B). 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 2 Agenda Item No. 8G January 23, 2007 Page 450 of 516 SAJ -1996 -3501 (lP -TWM) Terafina Special Conditions: 1. The compensatory mitigation plan shall consist of an on -site preserve consisting of 283.98 acres, off -site preserves consisting of 154 acres connected to existing CREW preserves, off -site preserves consisting of 107 acres in Hendry County, and the purchase of 8.74 credits at Big Cypress Mitigation Bank. permittee shall perform compensatory mitigation for unavoidable wetland impacts by creating an on -site 283.98 -acre mitigation area. The mitigation area shall be created by the enhancement of 153.97 acres of wetland through hand removal of exotic vegetation; enhancement of 104.97 acres of wetland through mechanical removal of exotic vegetation, grading, and planting with native species; creation of 22.51 acres of upland preserve; and the creation of 2.53 acres of wetland buffer. The on -site mitigation areas will be enhanced, maintained, managed, and preserved in perpetuity. 3. The permittee shall also perform compensatory mitigation for unavoidable wetland impacts and minimize potential impacts to the federally endangered Florida panther by creating a 107.57 -acre off -site mitigation area. The mitigation area shall be created by enhancing 60.33 acres of wetland through hand removal of exotic vegetation, enhancing 42.84 acres of upland through hand removal of exotic vegetation, and enhancing 4.4 acres of upland with native vegetation plantings. 4. The 283.98 -acre on -site and 107.57 -acre off -site mitigation areas will be enhanced, maintained, managed, and preserved in accordance with the On -Site and Off -Site Mitigation and Monitoring Program (Attachment C) unless otherwise specifically stated in the Special Conditions of the permit. All mitigation areas shall remain in a natural state in perpetuity and shall not be disturbed by any dredging, filling, land clearing, agricultural activities, planting, or other construction work whatsoever unless authorized in Attachment C or by the Corps of Engineers. Any additional work in the mitigation areas shall require Department of Army authorization, either as a modification to any permit issued or a separate authorization, and may require mitigation 5. The permittee shall also perform off -site compensatory mitigation for unavoidable wetland impacts by purchasing 154 acres within the Corkscrew Regional Ecosystem Watershed Trust (CREW). Prior to commencing any work authorized by this permit, the applicant shall provide documentation to the Corps that $1,260,798.00 has been remitted to the SFWMD's Wetland Mitigation Fund 3 Agenda Item No. 8G January 23, 2007 Page 451 of 516 SAJ -1996 -3501 (IP -TWM) Terafina (Fund 211) for the purchase and management of 154 acres in CREW. 6. Within 90 days of permit issuance, the applicant shall purchase 8.74 credits from Big Cypress Mitigation Bank and provide a copy of the Big Cypress Mitigation Bank Credit Ledger showing DA permit number SAJ - 1996 -3501 associated with the purchase of the 8.74 credits. 7. The permittee shall monitor the on -site 283.98 -acre mitigation area and the off -site 107.57 -acre parcel. Monitoring shall consist of baseline monitoring (prior to mitigation construction), time -zero monitoring (within 30 days following completion of the mitigation work), and annual monitoring reports thereafter. All monitoring reports will be mailed to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232 -0019. Each monitoring report will include data collected on vegetation, wildlife, rainfall, and wetland water levels, and other information as described in Attachment C and must also include the following items: (1) Department of the Army Permit number, (2) Sequence number of the report being submitted, (3) Date the next report is expected to be submitted, and (4) Brief summary of the status of the mitigation including any problems encountered and the remedial actions taken. 8. Annual monitoring shall continue for a minimum of five years or until the success criteria has been met for three consecutive years following the last supplemental planting of native vegetation. A request for a final inspection shall be submitted with the last monitoring report. The Corps of Engineers shall make the success determination. 9. The permittee shall prepare a legally sufficient conservation easement (CE) for the 283.98 -acre on -site internal mitigation area and the 107.57 -acre off -site mitigation area. The South Florida Water Management District (SFWMD) shall be the grantee for the conservation easement with enforcement rights to the Corps of Engineers. The permittee shall provide documentation to the Corps of Engineers that the area has been placed under a conservation easement and has been recorded prior to the occupancy of any building or facility on the project site. After the conservation easement has been recorded, the conservation easement shall not be amended or revised in any way without written authorization from the Corps of Engineers. 10. The on -site 283.98 -acre mitigation area and the off -site 107.57 -acre parcel shall be enhanced and managed in perpetuity for the control of invasive exotic 0 Agenda Item Igo. 8G January 23. 2007 Page 452 of 516 SAJ- 1996 -3501 (I P -TWM) Terafina vegetation as defined by the Florida Exotic Pest Plant Council's 2001 List of Invasive Species (Category 1) (http://www.flepi2c.or-ci/). There shall be no invasive exotic vegetation or nuisance plant species of seed bearing size in the mitigation area. Plants over three feet in height are considered to be seed bearing size. At no time shall the density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed 2% of the aerial cover in any individual stratum. At no time shall the total density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed a total of 4% for all strata. 11. Within 60 days from the date of issuance of the permit, the permittee shall prepare and submit to the Corps of Engineers legally sufficient conservation easements (CE) for the 283.98 acres of on -site preserve and the off -site 107.57 -acre parcel. The draft conservation easements shall include a legal description, survey, and scale drawings. The draft conservation easements shall be furnished to the Jacksonville District Office of Counsel, c/o the Regulatory Division, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232 -0019, for legal review and approval. 12. Within 30 days of the U.S. Army Corps of Engineers approval of the proposed conservation easements in paragraph 12, the permittee will record the easements in the public records of Collier and Hendry County, Florida, respectively. A certified copy of the recorded documents, plat, and verification of acceptance from the grantee will be forwarded to the Jacksonville District, Enforcement Branch. The recordation and notification to the District Office must occur prior to the occupancy of any building or facility on the project site, 13. The permittee must show that it has clear title to the real property and can legally place it under a conservation easement. Along with the submittal of the draft conservation commitment, the permittee shall submit a title insurance commitment, in favor of the grantee, for the property, which is being offered for preservation. Any existing liens or encumbrances on the property must be subordinated to the conservation easement. At the time of recordation of the, conservation easement, a title insurance policy must be provided to the Corps of Engineers in an amount equal to the current market value of the property. 14. The permittee agrees, in the event the permit is transferred, proof of delivery of a copy of the recorded conservation easement to the subsequent permittee or permittees must be submitted to the Corps of Engineers together with the notification of permit transfer. 5 Agenda Item No. 8G January 23, 2007 Page 453 of 516 SAJ- 1996 -3501 (IP -TWM) Terafina 15. The grantee shall not assign its rights or obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state and federal laws, including Section 704.06 Florida Statutes, and committed to holding this conservation easement exclusively for conservation purposes. The Corps of Engineers shall be notified in writing of any intention to reassign the conservation easement to a new grantee and must approve the selection of the grantee. The new grantee must accept the assignment in writing and a copy of this acceptance delivered to the Corps of Engineers, Jacksonville District, Enforcement Branch. The conservation easement must then be re- recorded and indexed in the same manner as any other instrument affecting title to real property and a copy of the recorded conservation easement furnished to the Corps of Engineers. 16. The permittee shall maintain the 210 -acre on -site mitigation area on the eastern portion of the project site in accordance with this permit until such time that the permittee transfers the ownership of the parcel to the Corkscrew Regional Ecosystem Watershed (CREW). Upon transfer of ownership, the permittee shall - provide documentation to the Corps of Engineers to include a statement from CREW that, the parcel has been transferred and the agency assumes full responsibility for the perpetual maintenance and management of the parcel as a purely natural area free of exotic vegetation. 17. The permittee shall agree to commence construction of the 283.98- acres on- site preserve and the 107.57 -acre off -site preserve within 30 days from the commencement of any activities authorized by the permit instrument. The applicant shall agree that the mitigation work shall be completed within two years form the date of commencement, except for ongoing monitoring and adjustments to ensure success of the mitigation. 18. This Corps permit does not authorize you to take an endangered species, in particular the Florida panther and the wood stork. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e,g, an ESA Section 10 permit, or a Biological Opinion (13O) under ESA Section 7, with "incidental take" provisions with which you must comply) The enclosed U.S. Fish and Wildlife Service (FWS) BO contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the BO. Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions L;J Agenda Item No, 8G January 23, 2007 Page 454 of 516 SAJ- 1996 -3501 (IP -TWM) Terafina associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non- compliance with your Corps permit. The FWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. For your convenience, a copy of the FWS biological opinion is attached (Attachment D). 19. The permittee shall notify the Corps in writing at least 48 hours prior to commencement of the work authorized by this permit and shall provide a written status report every six months until the authorized work has been completed. 20. Within 60 days of completion of the work authorized, the permittee shall complete and submit as -built drawings of the authorized work, and a completed As -Built Certification Form. (Attachment E) 21. The applicant shall implement the " Terafina Eastern Indigo Snake Management Plan." (Attachment F) Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( } Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, and local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. 7 Agenda Item No. 8G January 23, 2007 Page 455 of 516 SAJ -1996 -3501 (IP -TWM) Terafina d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces, which this office did not consider in reaching the original public interest, decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation rl:� Agenda Item No. 8G January 23, 2007 Page 456 of 516 SAJ- 1996 -3501 (IP -TWM) Terafina of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. A Agenda Item No. 8G January 23, 2007 Page 457 of 516 SAJ -1996 -3501 (IP -TWM) Terafina Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PE MITTEE) (DATE) (TYPE OR PRINT PERMITTEE NAME AND TITLE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. C� 6 a -0f (_,(Dl RICT ENG (DATE) Robert M. Carp er Colonel, U.S. Army District Engineer THIS PERMIT CONTAINS 6 ATTACHMENTS, TOTALING 156 PAGES Attachment A — PERMIT DRAWINGS (12 Pages dated March 17, 2006) Attachment B — WATER QUALITY CERTIFICATION (South Florida Water Management District Special Conditions in accordance with the General Condition number 5 on page 2 of this DA permit — 9 Pages) Attachment C — ON -SITE AND OFF -SITE COMPENSATORY MITIGATION PLAN (29 Pages) Attachment D — BIOLOGICAL OPINION (101 Pages dated March 12, 2005) Attachment E — AS -BUILT CERTIFICATION (3 Pages) Attachment F — TERAFINA EASTERN INDIGO SNAKE MANAGEMENT PLAN (2 Pages) 10 Agenda Item No. 8G January 23, 2007 Page 458 of 516 SAJ -1996 -3501 (IP -TWM) Terafina Permit Transfer: When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (PERMITTEE — SIGNATURE AND TITLE) G.L. Homes of Naples Associates II, LTD. 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, Florida 33323 PERMIT NUMBER: SAJ - 1996 -3501 (IP -TWM) DATE LOCATION & AUTHORIZED WORK: The proposed project involves freshwater forested wetlands within the Cocohatchee watershed and is located north of Immokalee Road and east of Interstate 75 in Section 16, Township 48 South, Range 26 East, Collier County, Florida. Latitude 26 017'42" N, Longitude 81 042'48" W To discharge approximately 800,000 cubic yards of fill into 229.44 acres of jurisdictional freshwater wetlands. The applicant is also authorized to excavate approximately 700,000 cubic yards from 66.23 acres of jurisdictional freshwater wetlands. (TRANSFEREE - SIGNATURE) (NAME AND TITLE - PRINTEDITYPED) (DATE) (NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTED/TYPED) (TELEPHONE NUMBER) The above transfer agreement should be completed and mailed to the local Corps of Engineers Regulatory Office or to: U.S. Army Corps of Engineers, Jacksonville District ATTN: Regulatory Division, Enforcement Branch P.O. Box 4970 Jacksonville, Florida 32232 -0019 11 Agenda Item No. 8G January 23, 2007 Page 459 of 516 SAJ -1996 -3501 (IP -TWM) Tera-f ins r ATTACHMENT A: PERMIT DRAWINGS 12 Sheets dated March 17, 2006 7; t -y inl h1 "f75��15 i t i�lr r r d iE { •,.�,AT t 1: tit riS i �� i ti ! J s� ;d;. C r ' Ikst�1 i � �- •, • tl`trfa- 'iP�- �;�fl.�, C %: i r I t •. rt � (t i I �:�% t .i r 1 w r p�.ii ?� F 6 1 Terafina March W, 2006 r� Agenda Item No. 8G January 23, 2007 Page 461 of 516 Z "' z f-Q � Y�4 t•.. � w w > ¢ t7 w o 033 M N J U.. 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Z } § k§ & §& §} §A � r771 a Agenda Item Na 8G January 23, 2007 Page 468 of 548 k 2 EL Z $ § k @ / U') y§ \ \ � @ o — — \ \ ƒ F- � . § - - \ 7 & j Ui LL \ / ( �& 5 { " )#� © \ < .. ° [ 2 ., [/§ / # / % z o / < \ k / \ to c e �� § IL I ) LL \ @ I Q » 3 � z G § k / \ 2 EL Z $ / � @ / U') f \ \ � @ o — — \ \ ƒ F- � . ) LL \ @ I Q » 3 � z G § k / \ I ui .o �a 1'71 Z 0 r .01 W .2 �4 V) YY 4 Q LSj 3 $ Z O z r w 3 lA.. v C:) N w to m S y Agenda Item No. 8G January 23, 2007 Page 469 of 516 a� �o Z�W �Q W� a rm =x °S N l7 Z 75 5 w U �4 w F- z O z r w pd v C:) N w to o QYj 1 • Q J � Q � H U N I in U yj O CV O Z = a a � o � N O O I to W CO F (n S O V) -i LL: a o o U r o m Z a Z z °_ U ap L Y �^ x 1j f- G1 0 Q' Q Z LL v> < W ir F- W O F- S Q � z h Z c� Q w V J O d 2 4 IL Q Agenda Item No. 8G January 23, 2007 Page 470 of 516 3 --{{ 3g z _Z Q w � g w 1W1y Z O W �. 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Q Agenda Item No. 8G January 23, 2007 Page 472 of 51.6 SAJ- 1996 -3501 (IP -TWM) Terafina ATTACHMENT B: WATER QUALITY CERTIFICATION SFWMD Permit No. 11- 02131 -P dated 11 April 2002 (36 Special Conditions) and SFWMD Modification to Permit No. 11- 02055 -P dated 10 March 2004 (27 Special Conditions) 07/28/2004 13:52 TEL 92542099 II It LAND DEVELOPMENT Agendjt� %�iV 8G January Z3, 007 Page 473 of 516 PERMIT NO: 11- 02055 -P _.. PAGE 2 OF 10 :4pECt71I. G7�n=TTO�as 1. The construction phase of this permit shall expire on April 11, 2007. 2. Operation of the surface water management system shall be the responsibility of WILDEWOOD LAKES HOMEOWNERS ASSOCIATION. The p,trmltteee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicablee), a copy of the filctd articles of incorporation, and a copy of the certificate of incorporation for the association aoncurrtnt with the engineering certification of construction completion. 3. Operation of the flowway channel shall be the responsibility of Mirasol Community Developnsent D(.:ttriet. Any pi;oposod amendment to the association or CAD documents which would affect the surface crater management system or the maintenance of the channel xnust be submitted to the District for a determination of whether the aMendlmerit necessitates-, a modification of the Envizanmental Resource or Surface Water Management permit. The 8atteudment. affecting the Surface water management system or the maintenance of the cha:xnel may riot pe finalized until any necessary permit modification is approved. 4. Diseharcle Facilities: stxuctua:et 1 1 -3" W X 24" H RECTANGUIJxR ORIFICE weir with crest at elev. 14.1' NGvD. 1 -49" W X b" H RECTANGUIJeR ORIFICE with invert at elev. 13.4' NGVD. 2 -29" x: 45" REINFOR(,IED CONCRETE PIPE culverts each 5517' long. Receiving body : CoCAhat(!hect Canal Control elev : 13.4 :Feat NGVD, /13.4 FEET NGVD DRY SE!AsON. 5. The petzraittce ;shall be responsible £o:: the correction of any erosion, shoaling or water quality problej&. that .result: from the construction or operation of the surface wager management sysi:tz' �. Measures shall be taken during construction to insure that sed1ment:8tion and /or turbidity .problems area not: C.-Mated in the receiving water. 7• The District reserves the z::ght •zo require that additional watex quality treatment methods be inc *rporated into the drainage system if such measures are shown to be necessary. 8. Lake side slopes shall be no steeper than 4:1 (horizontal: vertical) to a depth of two feet, balow the control. elevation. Side slopes shall be nurtured or planted from 2 feet helow to 1 font above control -,elevation to insure vegetative growth, unless shown on the plans. 9. Facilities other than thoso stated herein shall not be constructed without an approved :madifi.cation of this perrait. 10. A stable:, Pe- MAnebnt and dCCe-ssib.le elevation reference shall be established on or within one hundred (J.00) feet of all permitted discharge structures no later than the submission of the Cert:iPication report. The location of the elevation zeferance must be noised on or wzth the certification report. 07/2$./2004 13:52 TEL 92542099 H M LAND DEVELOPMENT Ag an � 2 8G Page 474 of 516 PERMIT No; 11- 02055 -P PAGE 3 OF 10 11. The pertnittee shall provide roatinC maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All mate :tvials ahall be ps +5pet :ly dispossiad of as required by law. >railure to properly maintain the system may rbsulc in adverse flooding conditions. The commercir,lly available oil /water separator: structure for the golf course clubhouse shall be! mesintained /cleaned as required by the manufacturer's recommenclatioria, but no less than once per year. During periods of heavy rainfall and /or heavy traffic volume, the unit shall be cleaned more frequently. maintenance /inspection records sliall be maintained and furnished to the District, upon request. 12. Minimum building floor elevation: BASIN: SITE - 16.40 feet NGVD. 13. Minimum road crown elevation: Bassin; SITE - 16.20 feet NGVD. 14. Minimum parking lot Basing aITE - 16,20 foet NGVD. 15. Spoil generated from the excavation of the flowway must be placed on an upland or wetland impact location ass authorized by this permit. 16. The channel shall be constructed without dewaterinq as indicated in the application submittal. 17. No work sh'till occur within the District's riyht-of -way until all necessary right -of- way occuptency permits, are datain,sd authorizing the proposed work in the District's right -of -way. I$. No later zhan May 31, 2002, the permittee shall provide to the District the fully executed -rind recorded draeinage, j_ngzess /egress, and maintenance easement dedicated to the Mirasol development. In addition, no fill shall be placed within the development portion of Wildewood :Lakes until the easement has been recorded and the flowway within the eastern portion of Wildewood Lakes has been constructed. 19. Prior to the commencement of construction, the permittee shall conduct a pre - construction meeting with field representatives,. contzm*tora and SFWMD Environmental Resource. Compliance staff from the Ft.. Myers office. The purpose of the meeting will be to discuss const. :uction methods and sequencing, particularly regarding the type ared location of turbidity and erosion controls to be implemented during construction, and the mobtli;atiori and staging ut contractor equipment, construction dewatering, coordination with other entities on adjacent construction projects, wetland /upland /buffer protection methods, and endangered species protection with the permittee and contractors.. 20. Prior to the commenc(tmerit 1�f construction, the perimeter of protected wetland /upland /buffer preservation areas, including connector preserves shall be staked /roped /fenced to pri:verst encroachment into the protected areas, The permittee shall notify the District's 'EnvIronmental Resource compliance staff in writing upon complet: on of stakinC_I /ropinc; /fenc: :lrig and schedule an inspection of thi.a work. The staking /roping /fencing shall be subject to District staff approval. The permittee shall modify the staking /ruiping /fencing if District staff determines that it is insufficient or is no,. in conioi-mance with the intent of this permit. Staking /roping /fencing shall remain in place until all adjacent construction activities are! complete. 07/23/2004 13:52 TEL 92542088 N M LAND DEVELOPMENT Ag Jndn�yUpG Page 475 of 516 PERMIT Nor 11- 02055 -1, PACE 4 OF 10 21. Silt scr(te:ns, hay bales, tu.tbidi•ty scxechs /barrier9 or other such sediment control measures; shall be utilized dur:ln.g (;onstrttction. The selected sediment control measure ,shall ) >e installed landward of all protected wetlands, uplands, buffers and connector preserves, and Shall be properly "trenched" etc. All areas sha%l be stabilized and vegetated imrncsdiately after construction to prevent erosion into the protected wetlands, uLolancts and buffer zones. 22. Endangex-ed species, threaten ad species mpd /or species of special concern have been observed onsitf: and /or the Pxojert contains suitable habitat for these species. It shall be the ;permitt:ee's r�tSponsibility co coordinate with the Florida Fiah and Wildlife Conservation Coimniss:i.on and /or the U'.s. Fish and Wildlife service for appropr:iato guidance, recomatesndat:.ions and /or necessary permits to avoid impacts to listed species. 23. The permittee shall 00111p17 with the provisions of the fox cquirrel habitat management plan approved for• the: project site in accordance with Exhi)oit No. 83. Prior to initiating construwftiora activities, the site .shall be surveyed for the presences of active 13ig Cyprass fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained iaraund 1.11 active nests, 24. The wetland preservation / anhancement areas, upland preservation /enhancement areas, connector preserves, flow -gray conveyance and buffer zones (collectively called conservation areas) shoarn 011 Exhibit 70 a$ preservation areas May in no way be altered from their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction or placing of buildings on ox aboves the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shzubs, or other vegetation - with the exception of exotic vegetation remova:L; excava�fon, dredging, or removal of soil materid:Lsr diking or fencing; and any other activities detrimental to drainage, flood control„ water conservation, erosion control, or fish and wildlife habitat conservation ar preservation. 25. Wetland preservation / enhancment areas, upland preservation /enhancement areas, flow - way conveyatncea, and buffer Zones (collectively called conservation areas) shall be dedicated as conservation &rid common areas in the deed restrictions /conservation essemehrs a6 t--ll u,5 on the plat if the project will be platted. restrictions for use of the OOR$ervation/ rorrexson areas ;shall stipulate. The wetland preservation /mitigation areas, upland buffer zones, and /or upland preservistzon arras are, heroby clecliCdted as conservation and common areas. The cohserVistion /c:ommon aire;as shall be the perpetual responsibility of the Wildewood Lakes Homeowners A9sociation (for the flow -way channel Mirasol Community Development District: is responsible) arid msy in no way be altered from their natural or permitted state as d0cu11wntttd in the permit file, with the exception of permitted restoration activities. Activities prohibited within the conservation areas include,, k)ut are not limited to: construction or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of '"oti.c /;.nuisance vegetation removal; excavation, dredging, or removal of soil materials diking or fencing; and any other activities detrimental to drai,nas1e1, flood control, wager conservation, erosion control, or fish and wildlife habitat conservation ox p };ege:xvati.on. Copies of recnrded documents aball be submitted to the District's Environmental Resource: Compliance staff; concurrently with engineering certification or construction completion. 26. (A) No lnter than July 2,1, 2002, the Pierntittee shall submit for review and approve two (2) copies of the fo1low:.ng1 07/29/2004 13:53 TEL 92542099 It M LAND DEVELOPMENT Agend IJ4,SG Jan r "44y Z3. X007 PERMIT N0: Pff202705 ?f X516 PAGE 5 OF 10 1. Project map identifying conservation areas 2. Legal description of c,-onnervation ecreas 3. Signesd conservation easements 4. 5e:altd boundary su:cveys of conservation easements by a professional land surveyox .5. %tzl.e Insurance commitment for c:onservation easement naming the District as benefic:Lecry usa.ncg approved ve.luation 6. GIS click (with state )planar c000rdircates) if available The above= information shall be zubmi.t:tad to the Natural Resource Management Post Permit Cotaplianeee staff in the tistrict Service Center where the application was submitted. (g) The real estate informa.S: ion Leferenced in paragraph (A) above shall be reviewed by the District; in accordance with the District's real estate review requirements in the attaChed Exhibit 82. The easements should not be recorded until such approval is received. (C) The permittee shall record conservation easements over the real property designated; as preserve araa on attached Exhibit 70. 'The easements should be granted free of encumbrances or inturests which the District determines are contrary to the intent of the easements. The cons.trvstion easements shall be granted to the District using the app::oved Barks s.ttached as Exhibits 77 -81. Any proposed modifications to the approved flor:m must receive prior written consent rr;om the District. (D) The perrn:Lttee ahall. record the conservation eausements in the public records within 14 days or receiving the :District's approval of the real estate information. upon recordation, the permit tee shall forward the original recorded easements alAd title insurance policy to the Natural Resource Management Post Permit Compliance staff i.n the District Service Center where the application was submitted. (E) .[n the event the oonservatlon easement real estate information reveals encumbrances or interests in the easements which the District determines are contrary to the intent of t,ie easements, the permittee shall be required to provide release or subordination. cP such encumbrances or interests. if Sikh are not obtained, the permittee shawl be required to apply for a modifloation to the permit for alte,_nativie acceptable ru.tigation. 27. A miticiat.ion program for Wildew,_od Lakes shall be implemented in accordance with Exhibit Noo. 25 -70. The permi.ttee shall en -fiance 250.10 acres of wetlands and preserve/enhance 29.1.5 acreu of ldpland compensation areas. Although not calculated as mitigation, this acreage includes the wetlands and uplands that will be converted to a flow -way conveyance and are subject to the design and plantings shown on Exhibits 68 and 66. In addition to the s)�ove preserve;/ enhancement areas noted above, several additional areas cow- ribute to the overall preserve area of Wildewood Lakes, and even though these areas are subject tc- enhancement activities and replanting activities as discussed in the staff repast and mitigation plan, these areas are not Considered mitigation areas. These areas include: '11.95 acres connector preserves consisting of 9.67 acres of wetlands and 2.08 acres of upland that will be preser:rved and enhanced. ltll of the above areas are c:callec,tively called conservation areas. 26. No later than July 31, 2002 and p:ciox to the initiation of construction activities in wetlands, the permittee chall )provide a mitigation payment of $1,001,000.00 to 07/29/2004 33;53 TEL 92542099 It M LAND DEVELOPMENT Agenda Item No. 8G Jar719,12007 Page 477 of 516 PERMIT NO: 11- 02055 -p PAGE 6 OF 10 the Disti:ict's wetland mitigation Fund for the aoqui.sition, enhancement and management of lands within CREW ($481,404.00 for acquisition, $437,206.00 for enhancemer;t and $82,390.00 for perpetual management) , Payment of the mitigation fee is an enforceable condition of this permit subject to District compliance rules. The mitigation, fee Was calculated at the rate of 06,500, 00 per acre of mitigation. Late payment o:C mi.tig•ation 14008 NAY be subject to a higher mitigation cost per acre, as those costs are periodically adjusted by the District in accordance with " "full cost accounting" practices, Incorporated by references is Stipulated Conceptual Settlement Agreement dated July 271 2000 enta);sed pursuant to 5ectian 70,51 Florida Statutes, 29. A time zero monitoring rs!pox't for Wildewood Lakes Shall be conducted in accordance With Exhibit [Jos. 25 -70 far 41.1 Preserved/ enhanced wetlands and uplands, upland buffer zones, connector pr:.•serves and the flow-way conveyance. The plan shall include ;) aurvey of the esreal extent Lind acreage of the enhanced areas and flow -way conveyancO, and panoramic photographs for each habitat type. The report shall x4vie►w ax•ftic removal activities and replan -ting actj.vitie9. Replanting activities Shall include a description of planted species, sizes, total number and densities of each plant species within each habitat type. 30. A monitoring program shall. be implemented in accordance with Exhibit Nos. 25 -70, The monitoring progresm shall extend for a period of 5 yearn with semi- annual reports for the f-i.rat two years and annual reports thereafter submitted to District ataff, 31, A maintenance program shall Ise implemented in accordance with Exhibit Nos, 25 -70 for the preserved /enhanced wetland anduFland areas, upland buffer zones, connector Preserves, and the flow -way ronveyance on a regular basis to ensuro the integrity and viability of those ar °as ess pel;mitted. Maintenance Shall, be conducted in perpetuit,/ to ensure that the corssearvation areas are maintained free from Category l exotic vegetation (as defined by the Florida Exotic pest Plant Council at the time Of per)nit issuance) immediately following a maintenance activity, Coverage Of exotic and nuisance plant species shall not exceed 103 of total cover between Maintat1anoe activititas, in adcLlt:ion, the permittee shall manage the conservation areas couch that exotic /r,.uis ;ante plant; species do not dominate any one section of those ars�js, 32, Aativitiet. associated with the implementation of the mitigation, monitoring and mainteanant.e plan(s) shall bo completed in accordance with the work schedule attached as Exhibit No. 84. Any d- ?elation from these time frames will require prior approval from the Di.stl:ict's Envi; :=mental Resource Conyliancc3 staff. Such requests must ba made in wxi.ting and shall include (1) reason for the change, (2) proposed start /finish and /or eomp;tieat.Lon dates; and (3) progress report on the status of the Project development or mitigation effort, 33. No later than July 31, 2002 and prior to the commencement of consr=Ctlon, the permittee shall provide am original letter of credit in the amount of $500,000.00 to ensure the permitten's : inancia.l ability and commitment r complete the proposed mitigation, monitoring and main�tenanc:e plan as shown on Exhibit No. 25 -70, The letter of Credit shall be in s4iaSt,antial conformance with Exhibit Nos, 71 -76. The letter of credit shall ):4m&1n in effect for the entire period of the mitigation and monitoring program. Notification of ':he District by the financial institution that the letter of credit wil not be renewed or is no longer in effect shall constitute non -compliant,_ with the Ferni.t, 34, The permittee Shall be responsiktlei for the successful completion of the mitigation work, ,inaludincj the monitoring and maintenance of the mitigation areas for the duration of the plan, The c1itige1tion area shall not be turned over to the 07/29J2004 13 :54 TEL 92542099 li M LARD DEVELODIENT Agend Item No. 8G Ja4 *1,12007 Page 478 of 516 PERMIT NOi 11- 02055 -P PAGE 7 OF 10 operation entity until, the mitigation work is accomplished as permitted and District Enviromnetil,al Resource compliaince rtaff has concurred. 35. Permanent physical maxkors deBignatt;ing the preeerve status of the wetland Preservation as:eas and bc.ffur zones shall be placed at the intersection of the buffer and each lot line. These markers shall be maintained in perpetuity. 36, The delineation of thf3 extgni. of wetlands and /or other surface waters located within the limits of proposed development shall be considered binding. 03/17/2004 16:50 TEL 92542099 H H LAND DEVELOPMENT Agenda I ��,,,,II��9 Janua 23' A Page 479 of 516 PERMIT NO; 11 -U 2055 -P PAGE 2 OF 7 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on March 11, 2009. 2. Operation of the surface water management system shall be the responsibility of TERAFINA HOMEOWNERS ASSOCIATION, INC. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed .restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Structure: Outfall 1 -80' WIDE RECTANGULAR NOTCH weir with crest at elev. 13.8' NGVD. 1 -5' W X .4' H RECTANGULAR NOTCH with invert at elev. 13.4' NGVD. Receiving-body : Cocohatchee Canal via the Mirasol Flowway. Control elev : 13.4 feet NGVD. /13.4 FEET NGVD DRY SEASON. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right- to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal: vertical) to a depth oP two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. t?... raciiities other than - those stated -herein b0a.1A f',c, be constructed without afi approved- mcd.ificafion of this'permit. A permit modification shall be obtained for any improvements within the clubhobs'6*sito. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the 03/17./2004 16:50 TEL 92542099 H M LAND DEVELOPMENT Agendal�9LUU, Janua Paae 480 of 516 PERMIT NO: 11= 02055 -P PAGE 3 OF 7 completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Minimum building floor elevation: BASIN: Site - 16.60 .feet NGVD, 13. Minimum road crown elevation: Basin: Site - 15.70 feet NGVD. 14. Minimum parking lot elevation: Basin: Site 15.70 feet NGVD. 15. The channel shall be constructed without dewatering as indicated in the previous permit. 16. Spoil generated from the excavation of the flowway must be placed on an upland or wetland impact location as authorized by this permit. 17. The parking area in the recreational tract shall provide a minimum dry pre- treatment volume of 1/2 inch of runoff prior to discharge into the master surface water management system. 18. THE CONSTRUCTION OF THE MIRASOL FLOWWAY AND THE ASSOCIATED CONTROL STRUCTURES ON THE FLOWWAY SHALL BE COMPLETED PRIOR TO ANY CONSTRUCTION ON THE PROJECT SITE. 19. Prior to the commencement of construction, a copy of the agreement between the permittee and Mirasol development, relating to maintenance and operation cost sharing for the Mirasol flowway, shall be provided to the District. 20. All special conditions and exhibits previously stipulated by permit number 11- 02055-P remain in effect unless otherwise revised and shall apply to this modification. 22. A monitoring program shall be implemented in accordance with Exhibit No.3.9. The monitoring program shall extend for a period of 5 years with semi- annual reports for the first two years and annual reports thereafter submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 60% survival of planted vegetation. The 80% survival rate shall be maintained throughout: the remainder of the monitor.in; program. with .replanting as necessary. If native wetland, transitional, and uplortd -,'pe.rie.s db 'not 'achieve an UO'% coverage within the initial two years of the monitoring pr6,gram;,.native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 60% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 23. A mitigation program for Terafina PUD shall be implemented in accordance with Exhibit No. 3.7a - 3.7c. The permittee shall enhance 253.04 acres of wetlands and preserve /enhance 31.37 acres upland compensation areas. Although not calculated as mitigation, this acreage includes the wetlands and upland that will be converted to flow -way conveyance and are subject to the design and planting shown on Exhibit 68 and 69 of the original permit. 24. The permittee is granted a modification of the Special Condition No. 26 of the original permit Application No. 970923 -12, as subsequently modified, which extends the time for the payment of the mitigation money required in the original 03/17/2004 16:51 TEL 92542099 H H LAND DEVELOPMENT AgendaI Janua �?/�7 m No.8G Pagqe 481 of 516 ?ERMIT NO: 11- U2055 -P PAGE 4 OF 7 permit. No later than June 30, 2004 and, prior to the initiation of construction activities in wetlands, the permittee shall provide the mitigation payment to the District's wetland mitigation fund for the acquisition, enhancement and management of lands within CREW. Payment of the mitigation fee is an enforceable conditions of this permit subject to the District compliance rules. 25. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule .attached as Exhibit No. 3.9. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, {2) '`proposed start /finish and /or completion dates; and (3) progress report on the status of the project development or mitigation effort. 26. A maintenance program shall be implemented in accordance with Exhibit No. 3.7c - 3.7f for the preserved /enhanced wetland and upland areas, upland buffer zones, connector preserves, and the flow -way conveyance on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 108 of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 27. No later than May 20, 2004 and prior to the commencement of construction, the permittee shall provide an original letter of credit /bond to ensure the permittee's financial ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibit No. 3.7a - 3.7f. The letter of credit /bond shall be in substantial conformance with Exhibit No. 3.10a - 3.10c. When a performance bond is established, the permittee shall also establish a standby trust fund for deposit of all payments under bond. The letter of credit /bond shall remain in effect for the entire period of the mitigation and monitoring program. Notification of the District by the financial institution that the letter of credit /bond will not be renewed or is no longer in effect shall constitute non- compliance with the permit. Agenda item No. 8G January 23, 2007 Page 482 of 516 SAJ- 1996 -3501 (IP -TWM) Terafina ATTACHMENT C: SPECIAL CONDITIONS On -site and Off -site Compensatory Mitigation Plan (29 Pages) Agenda Item No. 8G January 23, 2007 Page 483 of 516 TERAFINA WETLAND MITIGATION /MONITORING/MAINTENANCE PLAN CORPS APPLICATION NO. 199643501 Revised Match 17, 2006 INTRODUCTION The following outlines the wetland mitigation, monitoring, and maintenance plan for the 646.551 acre Teraina project located in Section 16, Township 48 South, Range 26 East, Collier County. The construction of the residential development will result in unavoidable impacts to 295.671 acres of U.S. Army Corps of Engineers (Corps) jurisdictional wetlands. In order to offset these impacts, on -site and off -site mitigation will be performed. The on -site mitigation totaling 283.98± acres includes 153.97± acres of wetland enhancement through hand removal of exotics; 104,97± acres of wetland enhancement through mechanical removal of exotics, grading, and planting; 22.51± acres of upland preserve with supplemental planting; and 2.53± acres of wetland preserve buffer consisting of a structural buffer (rip -rap slope) with planting and native wetland vegetation planting to restrict access from the development to the larger preserve area on the east side of the project site. 4 The off -site mitigation includes the purchase and restoration of 1541 acres of CREW land through the SFWMD's Save Our Rivers program and the purchase and restoration of 1071 acres in Hendry County. Details of the Hendry County mitigation parcel are provided as a separate document. The following documents the on -site mitigation program, The on -site wetland mitigation plan includes the establishment of five interconnected preserves totaling 73,98 acres within the western portion of the development, a large 210± acre preserve on the eastern third of the property, and a created wetland preserve buffer between the development, and the large eastern preserve. The five interconnected preserves are located within the interior of the development plan and include both wetland and upland habitats. The five preserves are interconnected by box culverts under the proposed roads. These box culverts will provide wildlife crossings to facilitate wildlife movement between the preserves. The five internal preserves are connected to the 210± acre preserve on the eastern third of the property. As part of the 210± acre preserve, 104.971 acres of wetlands will be enhanced through the mechanical removal of exotics, grading to wetland elevations, and planting with native herbaceous wetland vegetation. The grading plan for this area includes the establishment of four marshes for wading bird foraging habitat. These marshes will be graded to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. Passarella and Associates, Inc. 1 of 8 t103GLH856 Revised 3/17/06 Agenda Item No. 8G January 23, 2007 Page 484 of 516 Tile wetland mitigation activities will be done concurrently with the construction of the surface water management system for the project. The mitigation areas will be placed under a conservation easement granted to the SFWMD. ON -SITE MITIGATION PLAN The on -site mitigation plan includes 153.971- acres of wetland enhancement through hand removal of exotics, 104,971- acres of wetland enhancement through the mechanical removal of exotics, 22.511- acres of exotic vegetation removal and planting within the upland preserve, and 2.531- acres of wetland preserve buffer. The location of these areas are shown on the permit drawings. Tile exotics to be eradicated include, but are not limited to, melaleuca (Nlelaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina equisetifolia), and downy rase - myrtle (Rhodomyrtus tomentosus). The hand removal of exotics from wetlands and uplands will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian pine with diameter at breast height (DBH) greater than four inches and apply approved herbicide to cambium; (3) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings. Hand removal would occur on 153,97 acres as specified on Sheet 6 of 12 of the permit drawings. In the wetland preserve buffer and in areas where the density of exotic vegetation exceeds 50 percent, cuttings will either be hand removed from the site or stacked in piles at approximately 100 foot intervals. If left on the site, smaller melaleuca cuttings (less than four inch DBH) will be stacked butt end to the ground into a nearly vertical position (i.e., teepee method). Larger melaleuca cuttings (four inch DBH or greater) will be cut and stacked side by side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of approximately six feet (i.e., log cabin method). Supplemental wetland plantings will be conducted in the wetland preserve buffer in accordance with the attached drawings and in the wetland enhancement areas with greater than 50 percent coverage by exotic vegetation, Tree plantings will include a minimum of three of the five species listed in Table 1, shrub plantings will include a minimum of two of the three species listed in Table 1, and ground cover plantings will include a minimum of three of the four species listed in Table 1. Planting densities for trees and shrubs will be 430 plants per acre, and planting densities for ground cover will be 1,210 plants per acre. Passarella and Associates, Inc. 2 of 8 #03GLH856 Revised 3 /17/06 Agenda Item No. 8G January 23, 2007 Page 485 of 516 Table 1, Supplemental Planting List ;::11«i.X�#.#.S }•. m. •: i.5::.:).•.C•:•:IiS 1. M.�15 # #��IIA:2Y: S•�:'i;;.1::: Ott ::g� ::iL.i ?: }'• : i }:i: : . ':• +` ' Cypress Taxodium ascendens 5 ft. 3 gal, 10 ft. oc. Dahoon Holly flex cassine 5 ft. 3 gal. 10 ft. oc. Pop Ash Fraxinus caroliniana 5 ft. 3 gal, 10 ft, oc, Red Maple Acer rubrum 5 ft. 3 gal. 10 ft, oc. Slash Pine Pinus elliottii S ft. 3 gal. 10 ft. oc. Wax-Myrtle M rica cerifera 3 ft, l gal. loft. oc, Gallbe Illex labra 3 ft. 1 gal. 10 ft. oc. Buttonbush Ce halanthus occidentalis 3 ft. 1 gal. 10 ft. oc. Cord grass S artina bakert 12 in. 2 in. 6 ft. oc. Wire grass Aristida stricta 12 in. 2 in. 6 ft. oc. Gulfdune Pas alum Pas alum monostach um 12 in. 12 in. 2 in. 2 in. 6 ft. oc. 6 ft. oc. Saw grass Cladium 'amaicense Mechanical removal of exotics (104.97f acres) will include mechanized land clearing in areas of 75 to 100 percent cover by melaleuca, Prior to mechanical removal, the limits of mechanical removal of exotics will be flagged for review and approval by SFWMD staff. After exotic vegetation has been removed, the cleared areas will be graded as shown on sheet 7 of the environmental plans. A six inch layer of topsoil will be spread on the graded area to achieve final grades. An as -built survey of the graded site will be performed to ensure the desired elevations have been obtained, After review and approval of the final grades by SFWMD compliance staff, the area will be planted using the species listed in Table 2 and shown on the permit drawings. Plantings densities for trees will be 436 plants per acre and planting densities for ground cover will be 4,840 plants per acre. Tattle 2, Planting List for Mechanically Cleared and Graded Areas ..o::.. ol< ...... ... ..:.: ». eft kll 'plft" .. :..:... - ::..::: :::: •. ::: iii•! p}��y #Alai • y d . . M :,. :.. $..,:. . } .. +.... ( :• '� I ..� i... {'i'± is -ii} •.5.,�'• .. :.: 1 __Cypress Taxodium distiehum 5 ft. 1 al. 10 ft. O.C. Zone 1 Cord grass S artina baker! 12 in. 2 in. 3 ft. O.C. Gulfdune Pas alum p Pmpalum monostachy lim 12 in 2 in. 3 ft. O.0 Maidencane Panieum hemitomon 12 in. 2 in. 3 ft. O.C. Zone 2 Pickerelweed Pontederia cot-data 12 in. 2 in. 3 ft. O.C. Sa ittaria Sa ittaria lanci olia 12 in. -2i n. 3 ft. O.C. S ikerush Eleocharis interstincta 12 in. 2 in. 3 ft. O.C. Maidencane Panicum hemitomon 12 in, 2 in. 3 ft, O.C. Zone 3 Saw-grass Cladium 'amaicense 12 in. 2 in. 3 ft. O.C. Soft -stein Scir us validus 12 in. 2 in. 3 ft, O.C. Bulrush Scir us cubensis 12 in. 2 in. 3 ft. O.C. Pasmrella And Associates, Inc. 3 of 8 903GLH856 Revised 3/17/06 Agenda Item No. 8G January 23, 2007 Page 486 of 516 Table 2. (Continued) il'I�ntli3`g ... ,� °�t�n�»nunnt F� � �V�j�� °�'�i }1l'C�r>n €►ll�:::< n �1 :•:::.:::iii::.. ,,.:.: PRO .. , e.. Fireflag Thalia geniculata 12 in. 2 in. 3 ft. O.C. Zone 4 S atterduck Nyphar luteum 24 in. 1 gal. 15 ft. O.C. Waterlily N m haea oclorata 24 in. I gal. 15 ft. O.C. In the upland preserve areas where exotic vegetation coverage exceeds 50 percent, supplemental upland plantings will be conducted. The plant species and planting specifications are provided in Table 3. Trees and shrubs will be planted at a density of 430 plants per acre and ground cover at a density of 1,210 plants per acre. Table 3, Upland Preserve Planting List Common Name Se>ienti'ic Nan►enEtn►irri Mrnnn��nr, ` 1'Isuttig .. Live Oak Quercus vir iniana 5 ft. 3 gal. 10 fl. O.C. Slash Pine Pinus ellioltii 5 ft. 3 gal. 10 ft. O.C. Coco Plum Chr sobalanus icaco 3 ft. 1 gal. 10 ft. O.C. M rsine Ra anae guanensi s 3 ft. 1 gal. 10 ft. O.C. Wax-Myrtle M rica ceri era 3 ft. I gal. 10 ft. O.C. Mahly Grass Muhlenber is ca illaris 12 in. 4 in, 6 ft. O.C. Sand Cord grass S m•tina bakeri 12 in. 4 in. 6 ft. O.C. Saw Palmetto Serenoa re ens 12 in. 4 in. 6 ft. O.C. Wire grass Aristida stricta 12 in. 4 in. 6 ft. O.C. The wetland preserve buffer consists of a structural buffer and native planting to restrict access from the development to the preserve on the eastern side of the project boundary, The buffer will consist of coco plum planted at the top of the rip -rap slope and native wetland vegetation planting at the base of the rip rap. Planting at the base of the rip rap will consist of 10 -foot high cabbage palm, slash pine, and red maple planted on 15 -foot centers. An offset row of wax myrtle will be planted on 10 -foot centers immediately east of the tree row. Trees and shrubs will be planted in accordance with Sheet 12 of 12 of the permit drawings. MITIGATION SUCCESS CRITERIA The following are the success criteria for the mitigation areas: 1) The conservation easement will be recorded for the mitigation areas; 2) Initial eradication of exotic and nuisance vegetation will be completed; 3) At the end of five years, wetland mitigation areas will contain at least 85 percent cover by desirable obligate, facultative wetland, and facultative plant species; 4) Wetland plantings will attain an 85 percent survivorship after one year of installation and for each subsequent year of the five year monitoring program; 5) The wetland and upland mitigation areas shall be free from exotic and nuisance vegetation immediately following a maintenance activity; and 6) The wetland and upland mitigation areas will consist of no more than five percent cover Passarella and Associates, Inc. 4 of 8 403GLT-I856 Revised 3/17/06 Agenda Item No. 8G January 23, 2007 Page 487 of 516 by exotic and nuisance species in perpetuity. Exotic and nuisance vegetation species are identified as those species listed by the Exotic Pest Plant Council at the time of permit issuance. MONITORING Monitoring Methodology The proposed monitoring of the wetland and upland mitigation areas will consist of baseline, time -zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels. The baseline monitoring report will document conditions in the project site as they currently exist. The time -zero monitoring report will document conditions immediately following wetland and upland enhancement. The annual reports will document conditions following enhancement activities and document the extent of success of the mitigation, If needed, the annual reports will identify specific actions to be taken to improve the conditions within the project area. Sampling transects and methodology for the baseline, time -zero, and annual reports will utilize identical methods of data collection. Vegetation Monitoring Wetland vegetation will be monitored prior to and following enhancement and restoration activities. Sampling in wetland areas will involve canopy, sub - canopy, and ground cover stratum along monitoring transects established within the enhancement areas. The location of the monitoring transects are shown on the permit drawings, Canopy and sub -canopy vegetation species will be monitored within 50 x 20 foot plots established along the monitoring transects. Species richness and visual estimate of percent cover will be calculated for canopy and sub -canopy stratwn. To facilitate an intensive, accurate, and repeatable sampling program, the point frame method (Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at approximately 25 foot intervals along each monitoring transect. Each point frame consists of lm square wire grid with 25 cross points. Any plant species directly below a cross point will be recorded, including bare ground. Each cross point represents four percent of the square meter. Water depths will also be recorded at each sampling station. For each sampling station, identified species will be listed and percent cover computed and discussed. Wildlife Monitoring Regular observations of wildlife will be made during the monitoring event by qualified ecologists. Observations will consist of recording evidence and sign of wildlife (i.e., direct sightings, vocalizations, burrows, nests, tracks, droppings, etc.). Fish and Aquatic Macroinvertelwate Monitoring Qualitative sampling of fish and aquatic macro invertebrates along wetland transects will be conducted using a standard D -frame aquatic dip net, mesh size 1.0 mm, Sampling will be rassareua ana Assornates, inc, 5 of 8 403GLH856 Revised 3/17/06 Agenda Item No. 8G January 23, 2007 Page 488 of 516 conducted along vegetation monitoring transects with a minimum of 2 cm. standing water. The collector will work the net vigorously within the vegetation, open water, and surficial bottom sediments. Net contents will be placed in a white pan and sorted with forceps. Hard substrate, if any, will also be examined for the presence of aquatic macroinvertebrates. Sampling will continue until no new species are encountered for ten minutes. Sample size and collection times will not exceed 200 organisms or one hour, respectively. Samples will be preserved in alcohol, returned to the laboratory, and identified to the lowest taxonomic level possible, usually species. When possible, fish will be identified in the field and released. Photographic Documentation Permanent fixed -point photograph stations will be established in the monitored areas providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program. Rainfall and Staff Gauge Staff gauges /monitoring wells will be installed within the enhanced wetland areas. The gauges /wells will be read once a month during the dry season (November through May) and twice a month during the wet season (June through October). Staff gauge data will be summarized in the annual monitoring reports along with available rainfall data for the area, MONITORING REPORTS The permittee will submit annual monitoring reports to the Corps documenting the success of the mitigation program and general condition of the preservation areas. Within 60 days of Corps permit issuance, the baseline wetland monitoring for the mitigation areas will be submitted to the Corps. The time -zero monitoring report will be submitted within 60 days of completion of enhancement activities. Annual monitoring reports will include the following information; • Brief description of mitigation and maintenance work performed since the previous report along with a discussion of any modifications to the mitigation or maintenance program. • Brief description of anticipated mitigation and maintenance work to be conducted over the next year. • Results of quantitative vegetation monitoring conducted in the enhanced wetlands and upland buffers. A list of observed wildlife species. • Panoramic photographs taken at photo stations within the enhanced wetlands and upland buffers. • Staff gauge and available local rainfall data. Passarella and Associates, Inc. 6 of 8 B030LH856 Revised 3117/06 Agenda Item No. 8G January 23, 2007 Page 489 of 516 CONSERVATION EASEMENT The wetland mitigation areas will be impressed with a conservation easement granted to SFWMD. The conservation easement will ensure that the mitigation areas will remain in a natural state in perpetuity. These preserved rratigation areas will not be disturbed by dredging, filling, land clearing, agricultural activities, or other construction work whatsoever, except those activities described in this mitigation plan. MAINTENANCE AND LONG -TERM MANAGEMENT Following the completion of the initial exotic removal effort, semi - annual inspections of the mitigation area will occur for the first two years. During these inspections, the mitigation area will be traversed by a qualified ecologist. Locations of nuisance and/or exotic species will be identified for immediate treatment with an appropriate herbicide. Any additional potential problems will also be noted and corrective actions taken. Once exotic /nuisance species levels have been reduced to acceptable limits (i.e., less than five percent cover), inspections of the mitigation areas will be conducted annually. Maintenance will be conducted in perpetuity to ensure that the enhanced wetlands and upland buffers are free of exotic vegetation (as currently defined by the Exotic Plant Pest Council) immediately following maintenance and that exotic and nuisance species will constitute no more than five percent of total combined cover, rassare is and Associates, Inc. 7 of 8 403CYLH856 Revised 31I7/06 Agenda Item No. 8G January 23, 2007 Page 490 of 516 REFERENCES Bonham, C.D. 1989. Measurements for Terrestrial Vegetation, John Wiley and Sons, New York, New York. 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Q Agenda Item NE 8G January 23, 2007 Page 496 of 5 :8 # � § /\ Ul k f§ f§ _ ® g; a�] z ` % � \ k k\ U) 3 Q k §\ � # 3`- ® �- 5 §§ ) \\ \ m Cl j )\ / \\ ) \j\ § \ \\ \} / / \ CD $ / (7/ ` ® $ k = — P a 77kk \ C,\ QR »g e �O 0 R G \ \ � / 2 § $ 2 £ w \ \ (-3 \ r d \ z \ \ \ k \ \ Z } § u 0 R = \ z w � Q § § / \ a. 1 CCU) j Agenda Item No. 8G January 23, 2007 Page 497 of 516 z 0 64 z4 �> 0 W� ww w£� O W Fd UU�1 W co Oz O p W O a o r z a UU u O $ o W a o ?�uy ~ Oz -i z z 4 a 4 a w E Uj is L < c W U) :S U) ; o Ui a. 1 CCU) j Agenda Item No. 8G January 23, 2007 Page 497 of 516 ♦ ♦ ♦ ► ♦ • • i V p �,Ff♦`•Y7� AL 1 k 14 D -L`L 5 Ya'c N O L ^ 00 N II h � wu� Ui Ui T a U cn a cn 10 O n M O 6 f7 O r Z O N a a_ LO z Z o Q 0 U �_ � rn U �• ('7 O Y °z ° M z Q z z o � C7 'y to a > LU a z L a w a E w o ►- x s � a z ;. z U 4 w U a IL rX a CL Q 64 z4 �> u3W o V �4uy! w£� LZm£ £2W W co ooW� �rc 00 gi? set &� a o r z a UU < c U) :S U) ♦ ♦ ♦ ► ♦ • • i V p �,Ff♦`•Y7� AL 1 k 14 D -L`L 5 Ya'c N O L ^ 00 N II h � wu� Ui Ui T a U cn a cn 10 O n M O 6 f7 O r Z O N a a_ LO z Z o Q 0 U �_ � rn U �• ('7 O Y °z ° M z Q z z o � C7 'y to a > LU a z L a w a E w o ►- x s � a z ;. z U 4 w U a IL rX a CL Q ddociddOdcjo6do( ab ------------- G R flH 3HtU- Agenda Item No. 8G January 23, 2007 Page 498 of 516 PS JJ :i Urn -id - w Sw� ax '0 .0w .>O- x Ix M o LK •l ul a: ----------------- M6 ------ ---- ----- - *x'sho A. kr) b C, 0 co C14 W U.1 -j U.1 < L) W-401 4 0 o 0 C) c to c Z M C? c, _j z (D CO r-: 0 CY) (a cc) V ca ca Z z < ZU w U 0 ty woz i M 2 5 V FS r x, M M 2 1 19, 11 M ddociddOdcjo6do( ab ------------- G R flH 3HtU- Agenda Item No. 8G January 23, 2007 Page 498 of 516 PS JJ :i Urn -id - w Sw� ax '0 .0w .>O- x Ix M o LK •l ul a: ----------------- M6 ------ ---- ----- - *x'sho A. kr) b C, 0 co C14 W U.1 -j U.1 < L) W-401 LL LLI 0 C) Lli U n -j EL < EL C) c to c Z M C? c, _j z (D CO r-: 0 CY) (a cc) 0 C; ca ca Z z < cn ty LL LLI 0 C) Lli U n -j EL < Agenda Item NE aG January 23, 2007 Page 499 R 516 e g \ 0 \ CO m A = LL, U) o m $ 6 ) § )§ / � i)k�§ / E \ / /2 ?2� K 2 § § k £ § § /t) / - .. i §kk z ja / ® § k§ §X§ f u,�. \\ ' M--- 111 ) / Agenda Item NE aG January 23, 2007 Page 499 R 516 e g \ 0 \ CO m A = LL, U) o m $ 6 ) § )§ / / E \ / /2 K 2 § k £ § § /t) / - .. i §kk Agenda Item NE aG January 23, 2007 Page 499 R 516 e g \ 0 \ CO m A = LL, U) o m $ < z (of / ƒ § \ / R \ $ j j 7 \ \ / / E \ / /2 co 2 ƒ M / C) / - f g 7 < z J) U) / ® = f u,�. < z (of / ƒ § \ / R \ $ j j 7 \ Agenda Item No. 8G January 23, 2007 Page 500 of 516 j z as 1'3Y1'31 '1143 A11V1n1 :)nmj gyz Z O Q W W 0 /Z_n V / N 0 w C) Wli LA- �j U 0.. f-- Agenda Item No. 8G January 23, 2007 Page 501 of 516 z µW 1w Z p zv W N b � m 1 m =z$ N l'1 azN 3Ui 3 m °z zo N O O P' F- NI W z Q u L� Q U1 L +: o i V) U LO W J 1 w cn 00 = 0 td N N i r C3 x o 0 � n �- co N W . o m z ' .- u Z z u 4 ? A.4-! M U) F— :R N i l U LLJ LA- L) F— Z O Q W W 0 /Z_n V / N 0 w C) Wli LA- �j U 0.. f-- Agenda Item No. 8G January 23, 2007 Page 501 of 516 z µW 1w Z p zv W N b � m 1 m =z$ N l'1 azN 3Ui 3 m °z zo N O O P' F- NI W z Q u L� Q U1 L +: a z LL V) a u1 M r w o F- z iLl J F U Q z z U Q w u wEL n. Q o i V) U LO 1 w cn 00 = 0 td N i r C3 x o � n �- co N U j . o m z ' .- u Z z o 4 ? M U) F— :R N a z LL V) a u1 M r w o F- z iLl J F U Q z z U Q w u wEL n. Q Agenda Item Nc aG January 23, 2007 Page 5 2 R 516 AU tu §k . §( wk�w / k @ § k \( 6 , �§N( L ] a § §$;r j \ / \ d�� - � } ! 7 TB / w � ± 2�k � � � r 2� §) / �� z @ o § , j * / LLJ $ \ § / D » 2 A } 2 mz LLJ O \ C; M § } z @ a m 9 ow - ' »° Z. $ q / k k \ _ q \ 6� ° � Co CL -2 =- ))§ u o %± ))2 k ƒ / g F- } \\ - z�« LLI » - ( § ! � k a � 7 } z I-- ƒ a « $ � z @ j k } \ E < Agenda Item No. 8G January 23, 2007 rage z)u,5 : ,FL JA R {ONVILIL rr LFR{ Fm n awF{Itw �.` RMMF 41Y _ L 1 r 4iID � 1w we umnaF LMFIYtl 7 RFG 111. O.FI<M1s / FIERCE N . �- "A u MCI cR it 1 F1 1 ` ��. Fe�vFFL W E Q J —..i I xFneL \ l uwuo NUY S � {Fr NFSt i KERI FOAD (CR 8 -I ! 5 �. ... 4 3 '2 - - - -5 - I i O ti -- -o - -- q 10 !I 12 7 ROJ 8 CT L 9 -- - -7_ - SEC 239 4, TWP 4 S, RG 2 E 1� N 16 15 1'4 18' 17 16 15 cn \__2Gt- -`—_ 21' �2 2 3 19 20 21 22 -- - - - - -- — (CR 830) a 9 28 27 . 26 25 . 30 29 2 27 - om cr - .._ 32 33 34—' - 36 31' `�2 33 — 34 HENDRY OUNTY COLLIER COUNTY ROJECT NAME: TERAFINA PROJECT LOCATION MAP DWG. N0. 03GLH856-01 SHEET: 1 OF 4 HENDRY COUNTY MITIGATION PARCEL APPLICANT: G.L. HOMES DRAWN BY: P.F. DATE: 1/9/04 REVISIONS: SCALE: 1" =5001 i 9 K 1 F h A, w,\ SCALE: 500' AL U (4.40 4t.1) w 46 A4t W w W W W 427/421 ♦ W 0.41 A-1 W ♦ W W W w W W W ♦ 126 Y W t0.L9 A ..l W W W W W Y W W W W W 6WE1 w W W Y 112.63 K.5) W W W W W W W ♦ y W W w W W ♦ W W W W w W W W w ♦ W W W W ♦ W W y W W W 0i19D , ^� (1.Of K.11 ME W W W W W W W W W fL39� 11.49 K.t W W W W w W W W W 409E W W W ♦ 10.11 i.. 17 W W W W W W W W W W W W W W W w w W W W W y W 4419 EI w ♦ W w W W W (106�K.tI V, W y w w W W w W w W y W W W W W W W W 4269EI W W W W W W W W W W '10.6/ A-) W W W W W ♦ W W W W W W W W W W W W V W W W W W W W W W W W W W W W W W W W W 4549EI (2.61 K.11 V' w W W w W W W W 4191E1 4119E1 y y 1].49 A,II (6.51 AC.11 W W W W W W w W W W 6159 E4 W w W W t0.66 ALL) w W W W W W W W W W W W W W W ♦ W W W W y w W W W W W W W W W W W W W w 4549EI 6419EI y W W w wtn.49 A -) y y U5.L3 ALL) w w W W W w W W W ♦ W y W W W W W y y Lt91Fl w w ♦ W w w fW.65 4t.�) 500 w w W W W 0.60 ♦ W W w W W 4t91E1 W W W W W W W W 0.1) At.II W W W W PROJECT NAME: TERAFINA HENDRY COUNTY MITIGATION PARCEL APPLICANT: G.L. HOMES W Agenda Item No. 8G January 23;2007 Page 504 of t6 626A 9.42 LEGEND: aCOE WETLANDS c.1,) (60.]3 Ac.O FLUCFCS % OF CODE DESCRIPTION ACREAGE TOTAL 2f7 IMP.."DPASTURE 4.40 Ac.i 4.1% 300 RANGELAND 1.60 Ac.± 1.5% 4II9 Et PINE F LATWOODS, DISTURBED (u -2A %EXOTICS) 77.92 Acs 353% 4271026 LIVE OAK"BBAGE PALM GAI"." 0.E% 4201 E1 WAX -MYRTLE,WRLOW, HYDRIC. DISTURBED (0.24 %EXOTICS) 619 A... 6.2% 4340 E7 HARDWOODJOONIFER MIXED, OISTUROED(0-24 %EXOTICS) 2.91 A.. 2.7% 0260 E1 HYDRIC PINE FLATWOODS, DISTURSEO(D 24 % EXOTICS) 2.45 Ac.x 2.3% 6119 E1 FRESHWATER MARSHES, DISTURBED (Q-24% EXOTICS) 09.10 Acs 45 e% B430Et WET PRAIRIES OISTURSED(0.24 %EXOTICS) 2.OBAaz 19% TOTAL 107.57Ac.t 100.0% NOTES PROPERTY BOUNDARIES ESTIMATED FROM HENDRY COUNTY PROPERTY APPRAISER'S WEB SITE, FLUCFCS LINES ESTIMATED FROM 1'.200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). UPLAND /WETLAND LIMITS HAVE NOT SEEN REVIEWED BY ANY REGULATORY AGENCY AND AVE SUBJECT TD CHANGE. PROJECT LOCATION MAP DWG. NO, 03GLH856 -02 DRAWN BY: P.F, REVISIONS: SHEET: 2 OF 4 DATE: 1/9/04 SCALE: I11 =500' 3 Cq F `A V SCALE: I' • 500' APPROXIMATE 1 I'1'I'1'I' W W W •• N39M 11.4q AL. IIIIIIIIIIII W W 6[10!1 . W I I 1 I I W W W W 4119E I � I I 1± I I 0169[1 Ae.t) 1 14.10 AL.1; 1 1 0.62 At- W L201H (0.62 At.A), W 1 1 IIIIIIIII1111 6409E1 W W W W W W W W )IIIItIIIIII 46 At. W W W W W W W W 1 1 1 1 1 1 W w W W O1 W W W W W W At w 116.6.i, .fIW W w w UJ 417/47 1111 I I I11I I 1 W W W W W W W I�i�IIII (O .HA...) W W W W W W W W W W y' 4119!1 .� W W W 130.69 AL.1) Q W W W W W W W W W W 620911 W W W W W Q (0 .L6 Ac.A W W W W W L201E1 W W 40011 W W W 23.40 Ac.f) 16.32 A[.0 641gE1 Q W '7' tuba W W 0.00 AG.I W W W .A (N.63 A—) W W W W W W W W W W W w W W W W W W W W W W i W W W W W W W W W W W W W W W W W W W W W W W W W W W W y1 W W W W W W W W W Agenda Item No. 8G January 23, 2007 LEGEND: WETLAND ENHANCEMENT -NANO LLZJREMOVAL OF EXOTICS (60.33 ACA) UPLAND ENHANCEMENT -HAND REMOVAL Of EXOTICS (42.84 A") I I I I UPLAND RESTORATION - PLANTING ))11111 WITH NATIVE UPLAND SPECIES 1 I I 14.40 Ac.1) NOTES: PROPERTY BOUNDARIES ESTIMATED FROM IIENDRY COUNTY PROPERTY APPRAISER'S WEB SITE. FLUCFCS LINES ESTIMATED FROM V-200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCPCS PER FLORIDA LAND USE. COVER AND FORMS CLASSIfICAT10N SYSTEM (FLUCFCS) WOOT 1999). UPLAND)WETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY R£GIX.ATORY AGENCY AND ARE SUBJECT TO CIIANGE. PROJECT NAME: TERAFINA MITIGATION PLAN HENDRY COUNTY MITIGATION PARCEL DWG. No. 03GLH856 -03 SHEET: 3 OF 4 APPLICANT: G, L, HOMES DRAWL BY: P.F. DATE: 1/9/04 REVISIONS: SCALE: 1" =500' W W W N39M 11.4q AL. W W W W W W W W W 4119E Ae.t) W W W w W W W W W W W W W W w W W W W W W W W W W O1 W W W W W W At w 116.6.i, .fIW W w W W W W W W W w W W W W W W W 62I. 09 E1 •(0.67 Ac.t) W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W LS40E1 W W W W 12.31 W W W W W L201E1 W W 40011 W W W 23.40 Ac.f) 16.32 A[.0 W W W W W W W W W W W W W 6 SOEI w W W W 10.16 AG.t) W i W W W W W W W W W W W W W W W W W W W W w W W W W W W W W W W W W W W W W W W W W W W W LSLAt. W W Itl.4Y3 AC.lkO W W W W W W W W W W W W W W W W W W W W L29 El W W W v W W 16AS At. f) 300 W W w W 0.60 At /) y, W W W W W W 'LZ01FI ' 'y W W W W W W W (1.71 AG.0 y. W W W W Agenda Item No. 8G January 23, 2007 LEGEND: WETLAND ENHANCEMENT -NANO LLZJREMOVAL OF EXOTICS (60.33 ACA) UPLAND ENHANCEMENT -HAND REMOVAL Of EXOTICS (42.84 A") I I I I UPLAND RESTORATION - PLANTING ))11111 WITH NATIVE UPLAND SPECIES 1 I I 14.40 Ac.1) NOTES: PROPERTY BOUNDARIES ESTIMATED FROM IIENDRY COUNTY PROPERTY APPRAISER'S WEB SITE. FLUCFCS LINES ESTIMATED FROM V-200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCPCS PER FLORIDA LAND USE. COVER AND FORMS CLASSIfICAT10N SYSTEM (FLUCFCS) WOOT 1999). UPLAND)WETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY R£GIX.ATORY AGENCY AND ARE SUBJECT TO CIIANGE. PROJECT NAME: TERAFINA MITIGATION PLAN HENDRY COUNTY MITIGATION PARCEL DWG. No. 03GLH856 -03 SHEET: 3 OF 4 APPLICANT: G, L, HOMES DRAWL BY: P.F. DATE: 1/9/04 REVISIONS: SCALE: 1" =500' i W w 3 w .WW W W w W y i W W W 6Y i i � 1W W W W W w W 6 9 6W W W W W i 43W W W 1 4Y W W W W W 9W i Y W F ( 1 W w W W W Y ,W W W W W i W W W W W W W W W W (w W W 6w w W . 4 e i W W W 2s i W W W 0 a F c W w W W w w W W w 4 W w W W W W (W W w WJ 1i W 6W l e .r 6® .W Y W ±LlW Y W W _ i B t 4 � 9aC W W W W W W EW i .cW W W 1 f w W W �7W ✓ W W W W W 9� . 1 6W w W W W 1 W w W W (i W 0W W W 'W W i 4W . ' L 1 11 w W W W W Y i W 9AW W W W E 1W w W W W W W ) 60 9w i W W E1 019 A4. i W w W W LEGEND: W � W A, 1 1 1 1 1 1 I 1 1 1 I T -7 w w •'• \ N j; 1 . 1 1' 1 '211 1 1, 6259EI O.L2 AG61 11.eu',vu.l l 4191EI `/ I G I I I IL.LOA fl 1 I 1 1111 W 10.6E Ac. tl� SCALE_ 1' : 500' 1111 1 11 1 1 1 1 1 1 1 eu9E1 4s AC.e W i I I111111l111 W W � T -1 I;I;I;lil;1 T-6 i w �i w $G 11111111111 ® Q 11111111 �' w CC 1 I I 1 '4 L271GT1 1• (D W W (6. 41 A—) i 47 LM9 Q w W W W T -✓ 5 W w (39.e9 A cf) O w J 62 S9E1 .4 (0.41 A fl W W W w w W Q W W w w W W W w J {43961 O O.fO AC.1 4�1 .y 02.61 A-) W W W i W W W w W W W W W w Y W i W W w W W W W W W i i APPROXIMATE PfL` i Y W T -4 W w w .WW W W w W y i W W W 6Y i i � 1W W W W W w W 6 9 6W W W W W i 43W W W 1 4Y W W W W W 9W i Y W F ( 1 W w W W W Y ,W W W W W i W W W W W W W W W W (w W W 6w w W . 4 e i W W W 2s i W W W 0 a F c W w W W w w W W w 4 W w W W W W (W W w WJ 1i W 6W l e .r 6® .W Y W ±LlW Y W W _ i B t 4 � 9aC W W W W W W EW i .cW W W 1 f w W W �7W ✓ W W W W W 9� . 1 6W w W W W 1 W w W W (i W 0W W W 'W W i 4W . ' L 1 11 w W W W W Y i W 9AW W W W E 1W w W W W W W ) 60 9w i W W E1 019 A4. i W w W W LEGEND: W � W w W (60.35 Ac.E1 UPLAND ENHANCEMENT•IIANO W W w W W i W W W w w i Y i W w W 1 I t (1.40 Ac.F) MONITORING TRANSECT TREEISHRUB PLOT T -1 TRANSECT NUMBER * PIIOTO- STATION $G STAFF GAUGE /MONI TORINO WELL N0. ® STAFF GAUGElMONITORING WELL PROJECT NAME: TERAFINA HENDRY COUNTY MITIGATION PARCEL APPLICANT: G.L. HOMES Agenda Item No. 8G January 23, 2007 Page .506 MONITORING PLAN DWG, No. 03GLH856 -04 DRAWN BY: P.F. REVISIONS: NOTES: PROPERTY BOUNDARIES ESTIMATED FROM HENDRY COUNTY PROPERTY APPRAISER'S WEB SITE. PLUCKS LINES ESTIMATED FROM V.200' AERIAL PIIOTOGRAPNS AND LOCATIONS APPROXIMATED. PLUCKS PER FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION -SYSTEM (FLUCFCS) (FDOT 1999). UPLAND /WETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. SHEET: 4 OF 4 DATE: 1/9/04 SCALE: I" =500' LEGEND: WETLAND EN14ANCEKEWT -IIAND REMOVAL OF EXOTICS (60.35 Ac.E1 UPLAND ENHANCEMENT•IIANO REMOVAL OF EXOTICS (42.86 Ac.31 I I I 1 UPLAND RESTORATION- PLANTING 1 1 1 1 1 1 1 WITH NATIVE UPLAND SPECIES 1 I t (1.40 Ac.F) MONITORING TRANSECT TREEISHRUB PLOT T -1 TRANSECT NUMBER * PIIOTO- STATION $G STAFF GAUGE /MONI TORINO WELL N0. ® STAFF GAUGElMONITORING WELL MONITORING PLAN DWG, No. 03GLH856 -04 DRAWN BY: P.F. REVISIONS: NOTES: PROPERTY BOUNDARIES ESTIMATED FROM HENDRY COUNTY PROPERTY APPRAISER'S WEB SITE. PLUCKS LINES ESTIMATED FROM V.200' AERIAL PIIOTOGRAPNS AND LOCATIONS APPROXIMATED. PLUCKS PER FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION -SYSTEM (FLUCFCS) (FDOT 1999). UPLAND /WETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. SHEET: 4 OF 4 DATE: 1/9/04 SCALE: I" =500' Agenda Item No. 8G January 23, 2007 Page 507 of 516 TERAFINA - HENDRY COUNTY MITIGATION PARCEL MITIGATION /MONITORING /MAINTENANCE PLAN COE APPLICATION NO. 199603501(IP -TWM) January 9, 2004 INTRODUCTION The following outlines the mitigation, monitoring, and maintenance plan for the 107± acre Hendry County Mitigation Parcel located in Sections 23 and 24, Township 45 South, Range 29 East, Hendry County. The Hendry County parcel is provided as habitat compensation for wide ranging mammals including the Florida panther and Florida black bear. The Hendry County Mitigation Parcel includes 60.33± acres of wetland enhancement and 47.24± acres of upland enhancement and restoration. The Hendry County Mitigation Parcel will be placed under a conservation easement or deeded to the state. MITIGATION The mitigation plan for the Hendry County Mitigation Parcel consists of enhancing 60.33± acres of wetlands; enhancing 42.84± acres of uplands; and restoring 4.40± acres of uplands. Enhancement will include the removal of exotic and nuisance vegetation from existing wetlands and uplands. The exotic and nuisance species to be eradicated include, but are not limited to, melaleuca, Brazilian pepper, Australian pine, downy rose - myrtle, torpedo grass, West Indian marsh grass, and sesbania spp. The hand removal of exotic and nuisance species will include one or more of the following methods: (1) cut - exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian pine with diameter at breast height greater than four inches and apply approved herbicide to cambium; (3) foliar application of approved herbicide tQ melaleuca saplings, Brazilian pepper, Australian pine, and downy rose - myrtle; (4) foliar application of approved herbicide or hand pulling of exotic seedlings; and (5) foliar application of approved herbicide to nuisance grasses. In areas where the density of melaleuca and Brazilian pepper exceeds 50 percent, cuttings will either be removed from the site or stacked in piles at approximately 100 foot intervals. If left on the site, smaller cuttings will be stacked butt end to the ground into a neatly vertical position (i.e., teepee method). Larger cuttings will be cut and stacked side by side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of approximately four feet (i.e., log cabin method). Passarella and Associates, Inc. 1 of 5 1103GLH856 01/09/04 Agenda Item No. 8G January 23, 2007 Page 508 of 516 Approximately 4.40 acres of uplands will be restored and planted with native upland vegetation. Tree plantings will include a minimum of two of the three species listed in Table 1, shrub plantings will include a minimum of two of the three species listed in Table 1, and ground cover species will include a minimum of four of the six species listed in Table 1. Planted trees and shrubs will be at a minimum height of three foot and one gallon container or equivalent. Ground cover will be a minimum height of 12 inch and two inch container or equivalent. Trees and shrubs will be planted at a density of 195 plants per acre (15 -foot centers) and ground cover at a density of 1,745 plants per acre (five foot centers). Table 1. Planting List for Restored Uplands MITIGATION SUCCESS CRITERIA The mitigation shall be considered successful if at the end of five years the mitigation area contains at least 80 percent cover by desirable obligate, facultative wetland, and facultative plant species. Tree plantings will attain an 80 percent survivorship after one year of installation and for each subsequent year of the five year monitoring program. The mitigation area shall be free from exotic and nuisance vegetation immediately following a maintenance activity and.should consist of no more than five percent of total combined coverage between maintenance activities. Exotic and nuisance vegetation species are identified as those species listed by the Exotic Pest Plant Council at the time of permit issuance. MONITORING Monitoring Methodology The proposed monitoring of the mitigation area will consist of baseline, time -zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels. The baseline monitoring report will document conditions in the project site as they currently exist. The time -zero monitoring report will document conditions immediately following wetland and upland Passarella and Associates, Inc. 2 of 5 1103GLH856 01/09/04 "i`iSkh' }•!i� ,. Sc��ntic;4afm Tree Laurel oak Quercus lauri olia Live oak Quercus virginiana Slash pine Pinus elliottii Shrub Fetterbush L onia ruiticosa Tar flower Be aria racemosa Wax-myrt le M rica ceri era Ground Cover Bluestein grass Schizach yrium sco ar-ium. Broomsedge Andro 0 on vir inicus Penny royal Piloble his ri ida Saw palmetto Serenoa re ens Shiny blueberry Vaccinium m rsinites Wire ass Aristida stricta MITIGATION SUCCESS CRITERIA The mitigation shall be considered successful if at the end of five years the mitigation area contains at least 80 percent cover by desirable obligate, facultative wetland, and facultative plant species. Tree plantings will attain an 80 percent survivorship after one year of installation and for each subsequent year of the five year monitoring program. The mitigation area shall be free from exotic and nuisance vegetation immediately following a maintenance activity and.should consist of no more than five percent of total combined coverage between maintenance activities. Exotic and nuisance vegetation species are identified as those species listed by the Exotic Pest Plant Council at the time of permit issuance. MONITORING Monitoring Methodology The proposed monitoring of the mitigation area will consist of baseline, time -zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels. The baseline monitoring report will document conditions in the project site as they currently exist. The time -zero monitoring report will document conditions immediately following wetland and upland Passarella and Associates, Inc. 2 of 5 1103GLH856 01/09/04 Agenda Item No. 8G January 23, 2007 Page 509 of 516 enhancement. The annual reports will document conditions following enhancement activities and document the extent of success of the project. If needed, the annual reports .will identify specific actions to be taken to improve the conditions within the project area. Sampling transects and methodology for the baseline, time -zero, and annual reports will utilize identical methods of data collection from identical sampling stations. Vegetation Monitoring Wetland and upland vegetation will be monitored prior to and following enhancement and restoration activities. Sampling in wetland and upland areas will involve canopy, sub - canopy, and ground cover stratum along monitoring transects established within the enhancement areas. Canopy and sub - canopy vegetation species will be monitored within 50 x 20 foot plots established along the monitoring transects. Species richness and visual estimate of percent cover will be calculated for canopy and sub - canopy stratum. To facilitate an intensive, accurate, and repeatable sampling program, the point frame method (Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at approximately 25 foot intervals along each monitoring transect. Each point frame consists of lm square wire grid with 25 cross points. .Any plant species directly below a cross point will be recorded, including bare ground. Each cross point represents four percent of the square meter. Water depths will also be recorded at each sampling station. For each sampling station, identified species will be listed and percent cover computed and discussed. Wildlife Monitoring Regular observations of wildlife will be made during the monitoring event by qualified ecologists. Observations will consist of recording evidence and sign of wildlife (i.e., direct sightings, vocalizations, burrows, nests, tracks, droppings, etc.). Fish and Aquatic Macroinvertebrate Monitoring Qualitative sampling of fish and aquatic macroinvertebrates will be conducted using a standard D -frame aquatic dip net, mesh size 1.0 mm. Sampling will be conducted along vegetation monitoring transects with a minimum of two cm. standing water. The collector will work the net vigorously within the vegetation, open water, and surficial bottom sediments. Net contents will be placed in a white pan and sorted with forceps, Hard substrate, if any, will also be examined for the presence of aquatic macro invertebrates, Sampling will continue until no new species are encountered for ten minutes. Sample size and collection times will not exceed 200 organisms or one hour, respectively. Samples will be preserved in alcohol, returned to the laboratory, and identified to the lowest taxonomic level possible, usually species. When possible, fish will be identified in the field and released. Passarelia and Associates, Inc. 3 of 5 903GLH856 01/09/04 Agenda Item No. 8G January 23, 2007 Page 510 of 516 Photographic Documentation Permanent fixed -point photograph stations will be established in the monitored areas providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program. Rainfall and Staff Gauge Three staff gauge /monitoring wells will be installed within the enhanced wetland areas. The gauges /wells will be read once a month during the dry season (November through May) and twice a month during the wet season (June through October). Staff gauge data will be summarized in the annual monitoring reports along with available rainfall data for the area. MONITORING REPORTS The permittee will submit annual monitoring, reports to the U.S. Army Corps of Engineers (Corps) documenting, the success of the mitigation program and general condition of the preservation areas. The monitoring reports for the mitigation areas will be submitted to the Corps in accordance with the permitted mitigation activity schedule. Annual monitoring reports will include the following information: • Brief description of mitigation and maintenance work performed since the previous report along with a discussion of any modifications to the mitigation or maintenance program. • Brief description of anticipated mitigation and maintenance work to be conducted over the next year. • Results of quantitative vegetation monitoring conducted in the enhanced wetlands and upland buffers. A list of observed wildlife species. • Panoramic photographs taken at photo stations within the enhanced wetlands and upland buffers. • ,Staff gauge and available local rainfall data. CONSERVATION EASEMENT The mitigation parcel will be placed in a conservation easement or deeded to the state. If placed in a conservation easement, the easement will ensure that the mitigation areas will remain in a natural state in perpetuity. These preserved mitigation areas will not be disturbed by dredging, filling, or land clearing. Passarella and Associates, Inc. 4 of 5 i /03GLH856 01 /09 /04 Agenda Item No. 8G January 23, 2007 Page 511 of 516 MAINTENANCE AND LONG -TERM MANAGEMENT Following the completion of the initial exotic removal effort, semi- annual inspections of the mitigation area will occur for the first two years. During these inspections, the mitigation area will be traversed by a qualified ecologist. Locations of nuisance and /or exotic species will be identified for immediate treatment with an appropriate herbicide. Any additional potential problems will also be noted and corrective actions taken. Once exotic /nuisance species levels have been reduced to acceptable limits (i.e., less than five percent cover), inspections of the mitigation areas will be conducted annually. Maintenance will be conducted in perpetuity to ensure that the enhanced wetlands and upland buffers are free of exotic vegetation (as currently defined by the Exotic Plant Pest Council) immediately following maintenance and that exotic and nuisance species will constitute no more than five percent of total combined cover. REFERENCES Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New York, New York. Passarella and Associates, Inc. 5 of 5 #03GLH856 01/09/04 19M HOLE MONTES BOOM • KAMM • S)IYEYOIIS WOWAPEMMIECM 960 Enoxe wrp • N@p1w Fla 34110 - Pl ar 2302541000 • Fac 2392542N9 November 21, 2006 Ms. Melissa Zone Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Terafina PUD PUDEX -AR -9610 HM File No. 1995.087 Dear Ms. Zone: Agenda Item No. 8G January 23, 2007 Page 512 of 516 Via Email and Facsimile I would like to continue the Terafina/Saturnia Falls zoning extension hearing from the November 28"' BCC hearing to an unspecified date that I will confirm to you and the BCC shortly. We will provide for any additional costs associated with advertising. Should you have any questions or concerns regarding our request, please contact me. Thank you. Very truly yours, HOLE MONIES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD /acd cc: Kevin Ratteree via email Joe Schmitt via email Jim Mudd via email HA19M19950VAWP1PUD- Taaftm Extmswnlna 061 121- regJ= hew chmWbr.doc WW • Fort M "M • Vence Agenda Item No. 8G January 23, 2007 Page 514 of 516 brock m Fio n: mudd_j Sent: Wednesday, January 17, 2007 12:38 PM To: Brock m Subject: FV%t: Terafina PUD Extension Mary-Jo, Please include this letter as back up for the extension item. Thanks, Jim From: nicole ryan [mailto:nicoler@conservancy.org] Sent: Wednesday, January 17, 2007 12:02 PM To: SchrnkLloseph; muddi Subject: Terafina PUD Extension --4 CONSERVANCY Of Southwest Florida 1450 Merrihue Drive•Naples, FL 34102 239.403.4213917ax 239262.0672 www.conservancy.org January 16, 2007 Chairman Jim Coletta Collier County Board of County Commissioners 3301 TaFniami Trail East Naples FL 34112 RE: PUDEX- 2006 -AR -9610 — Terafim PUD Extension Dear Chairman Coletta and Commissioners: The Conservancy of Southwest Florida requests that you deny the G.L. Homes of Naples Il Corporation (G.L. Homes) extension of the Terafma Planned Unit Development (PUD). We believe the proper course of action is to require G.L. Homes to amend their PUD. Amendment would require review and recommendations by the Environmental Advisory Council (EAC) and the Collier County Planning Commission (CCPC) prior to being heard at a Board of County Commission (BCC) meeting. Requiring Terafm to be vetted through the amendment process would also give the public the opportunity to understand and comment during public hearings on the drastic changes in this project since the 2004 approval. The current PUD no longer accurately reflects the proposed project. Thus, a complete review t the County, along with public hearings, is appropriate and will only happen if extension of the Terafina PUD is dew- 1/17/2007 Agenda Item No. 8G January 23, 2007 Page 515 of 516 And amendment is instead required. ,.and Development Code (LDC) Requirements for PUD Extensions The Collier County LDC gives guidance on approval of PUD extensions within Section 10.02.13.D.6.b.i. through iii. It is the responsibility of the BCC to base approval of extension or requirement of amendment on these three items. If you deem the requested extension to be inconsistent with any of these three categories, then G.L. Homes must amend their PUD and go through the process of EAC and CCPC review and recommendations, along with a public hearing where individuals and organizations can share their input during your decision - making process. The Conservancy believes that the proposed extension is inconsistent with the LDC requirements for PUD extension. LDC 10.02.13.D.6.b.i. states that extension of the PUD may be allowed if, "The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements." County staff stated in their report that the PUD is no longer consistent with the Conservation and Coastal Management Element (CCME) preserve standards contained in Policy 6.1.1. In addition, the Mirasol drainage ditch that has now been denied by the Corps of Engineers is still contained in the Terafina PUD and illustrated on the Master Plan. County staff concludes that these inconsistencies will be corrected at the Development Order stage. The Conservancy believes that resolution of these inconsistencies are substantial and thus require a PUD amendment, with EAC and CCPC review, along with a public hearing before BCC. LDC 10.02.13.D.6.b.ii. states PUD extension may be allowed if, "The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning." County staff has concluded that Terafina is compatible with uses in the area. However, the Conservancy believes that Terafina's compatibility with current residential uses must be examined. The perceived benefits of the Mirasol drainage ditch are now known to be invalid. Thus, the County has an .obligation to ensure that the project, as it has been modified from the 2004 PUD, will protect downstream residents m negative impacts. Such an assessment should be conducted through the full review process required by PUD amendment. LDC 10.02.13.D.6.b.iiL states PUD extension may be allowed if, "The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities." Our canals are part of our essential public infrastructure and are a key component in flood protection. However, as canals outfali into our rivers, streams and estuaries, caution must be taken to ensure the quantity and quality of water discharging to them is appropriate. This is essential not only to protect flora and fauna, but also to protect residents living downstream from new development. Proper planning for protection from such impacts is a responsibility of Collier County though project plan review. The currently approved Terafina PUD shows the Mirasol drainage ditch. In reality, the ditch is obsolete and the stormwater is now designed to discharge into Terafina's wetland preserves and through a 48" pipe into the Cochohatchee Canal. Such a drastic change must be reflected in the PUD and warrants a complete review by staff, EAC and CCPC. In addition, the residents living downstream of the proposed project should be able to express their opinions on such a project through a public hearing. Conclusion The Terafina PUD has changed dramatically since the 2004 approval that incorporated the Mirasol drainage ditch. The supposed benefits of the ditch have now been invalidated. Due to the magnitude of change that has taken place to re- direct substantial stormwater through modified outfalls, all who would be impacted by this project, especially downstream residents, deserve to have the opportunity to comment through a public hearing. Therefore, the Conservancy asks that the BCC deny extension of the Terafina PUD and to require PUD amendment, based on LDC Section 10.02.13.D.6.b.i. through iii and the drastic changes to the project since the 2004 approval. If you have any questions regarding the Conservancy's position on the Terafina PUD extension, please contact me at " '°39) 4034220. 1/17/2007 Agenda Item No. 9A )07 16 OBJECTIVE: To appoint 3 members (2 regular and 1 alternate) to serve 3 year terms, expiring on February 14, 2010, to the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board has 3 terms expiring on February 14, 2007. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced, Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The terms for Justin DeWitte, Kenneth Kelly, and Jerry Morgan will expire on February 14, 2007. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kenneth Kelly - reappt ALTERNATE - Roofing Contractor 5 Yes Code Enforcement Board Affordable Housing Commission Jerry P. Morgan - reappt REGULAR- Retired General 2 Yes Code Enforcement Board Contractor Utility Authority Lionel L'Esperance Retired Plumbing contractor 2 Yes None Justin DeWitte - reappt REGULAR:- Business 1 Yes Code Enforcement Board App received late Professional I COMMITTEE RECOMMENDATION: Quasi - Judicial — no recommendation ATTENDANCE: Justin DeWitte — 5 excused absences since April 26, 2005 Kenneth Kelly — 1 absence since February 14, 2006 Jerry Morgan — 1 excused absence April 26, 2005 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9A January 23, 2007 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9A Item Summary: Appointment of members to the Collier County Code Enforcement Board. Meeting Date: 1!2312007 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1/212007 4:52:59 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111212007 11:46 AM Commissioners Agenda Item No. 9A January 23, 2007 Page 3 of 16 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Michelle Arnold, Code Enforcement Director Date: December 12, 2006 Subject: Code Enforcement Board I am in receipt of your memo dated December 8, 2006 in which you requested review of applications submitted by citizens interested in serving on the Code Enforcement Board (CEB). The resumes for the applicants listed below were reviewed and meet the Code Enforcement Board Ordinance No. 2005 -55, general classification requirements in the following categories: NAME CATEGORY DISTRICT Justin DeWitt Business Professional 1 Kenneth Kelly Roofing Contractor 5 Jerry Morgan Retired — General Contractor (GC) 2 Lionel L'Esperance Retired Plumbing Contractor 2 Mr. DeWitt is currently a regular member of the Code Enforcement Board who has had 5 excused absences since his original appointment as an alternate to the Board on April 26 2005. Mr. Morgan is also a regular member to the Code Board with 1 excused absence since his appointment on April 26, 2005. Mr. Kelly is currently an alternate on the Code Board with only 1 absence since his appointment on February 14, 20066. Please consider the residency of these applicants to ensure that the various communities throughout the County are being represented. Should you require additional input please feel free to contact me at 403 -2413. Code Enforcement Department Agenda Item No. 9A January 23, 2007 Page 4 of 16 Collier County Code Enforcement Board - Noah Name Work Phone Appt'd RV. Date Term Home Phone DateRe -appt 2ndF --Date 2nd Term Mr. Justin DeWitte 642- 3000 04/26/05 02/14/07 2 Years 1060 Borghese Lane, # 1102 784-3963 Naples, FL 34114 E -Mail: dewitte@mail.com District: 1 Category: REGULAR Business Professional Mr. Charles Martin 2222 Guifshore Boulevard N., #Q3 Naples, FL 34102 E -Mail: realtyglobal@aol.com District: 2 Category. ALTERNATE - Realtor Mr. Richard Kraenbring 1995 Tarpon Bay Drive North, #201 Naples, FL 34119 E -Mail. rknwnbring@swfla.a.com District: 3 Category: REGULAR - Construction 7846498 10/24106 02/14/09 262-7287 596 -2315 10/26104 298-6215 04/26/05 Ms. Sheri Barnett 591-2149 09/10/02 1160 27th Street, S.W. 4554298 03/08/05 Naples, FL 34117 E -Mail: scbarneW@#earthUmk.net District. 5 Category: REGULAR - Financial Planning Mr. Kenneth Kelly 435.0014 02/14/06 4260 161h Street, N.E. 354 -2021 Naples, FL 34120 E Mail: kenkellyroofmg.com District: 5 Category: ALTERNATE - Roofing Contractor TJiw%n A y, 0¢rober 26. 2006 Page l Of 3 02/14/06 02124/08 02/14/05 02/14/08 02/14/07 3 Years 4 months 3 Years 3 Years 3 Years 1 Year Agenda Item No. 9A January 23, 2007 Page 5 of 16 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -apps 2ndExpDate 2nd Terre / Mr. Jerry P. Morgan 04)26/05 02/14107 2 Years v- 2350 Moue Claire Drive, #201 594 -8204 Naples, FL 34109 E -Mail: District: 2 Category: REGULAR - Construction Mr. Gerald J. Lefebvre 597 -8500 5389 Cove Circle 775-O604 Naples, FL 34119 E -Mail: District: 3 Category: REGULAR - Real Estate/Zoning Mr. George P. Porte 565 Augusta Boulevard, Apt 10 793 -1370 Naples, FL 34113 E -Mail: District. 1 Category: REGULAR - Retired CBS Employee Mr. Larry Dean Mieszcak 7280 Carducci Court 732 -1713 Naples, FL 34114 E -Mail: LVM1960Qearthlink-net District. 5 Category: REGULAR - Real Estate 04/28/02 01/24/06 02/18/97 01)24/06 06/28/05 01/24/06 Thursday, October 26, 2006 Page 2 of 3 02/14/03 02/14/09 02/14100 02/14/09 02/14/06 02214/09 1 Year 3 Years 3 Years 3 Years 8 mos 3 Years Agenda Item No. 9A January 23, 2007 Page 6 of 16 Collier County Code Enfo, ;ement Board - North Name Work Phone Appt'd F-V. Date Term Home Phone DateRe -appt 2adExpDate 2nd Term This 7 member board was created pursuant to Chapter 162 of the FL Scat. by Ordinance 88-89 and is composed of, but not limited to, Wxlividuab representing the oom4mbons of archile4 businessman, engineer, general contractor, suboon#o*r and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to tit a Form 1 Statement of Finariiai Inbrest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 171'.3196. FL STAT 162 Stag: Michelle Arnold, Code Enforcement Director:: 403 -2413 Tbar.4w' October 26, 2006 Page 3 of 3 MEMORANDUM DATE: December 8, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9A January 23, 2007 Page--7 4i 16 DEC 11 aM1i:11 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. CODE ENFORCEMENT BOARD vz,''' COMMISSION DISTRICT Kenneth Kelly / 4260,1e`§treet, N.E. Naples, FL 34120 Jerry P. Morgan 2350 Montclaire Drive, #201 Naples, FL 34109 Lionel L'Esperance 86 Mahogany Drive Naples, FL 34108 Thank you for your help. prj Nor filson s From: Justin DeWitte [d&Mtte@mail.com1 sent: Thursday, December 14, 2006 9:15 PM To: fiison_s Subject: RE: Press Release Page 1 of I Agenda Item No. 9A January 23, 2007 Page 8 of 16 Sue, Last week (after returning from vacation) I opened a letter stating that my position on the Code Enforcement board was coming to an end. I did not realize that I had filled a vacancy and did not have a fresh three year term. I spoke with Michelle Arnold last week as well and know that she has received some applications. I have enjoyed serving on the board and would like to continue in these duties. I do not know the expiration deadline but hope that I will be able to stay on the board. Best regards, Justin DeWitte cell phone: 239 -784 -3963 fax: 866- 394 -8956 email: dewitte@mail.com 12/15/2006 f lsott s Agenda item No. 9A 07 From: dewitte @mail.com Page 9 of 16 Sent: Thursday, December 14, 2006 9:08 PM To: filson_s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/14/2006 9:08:00 PM. Name: Oustin DeWit Home Phone: 39- 394 -763 Home Address: 11494 Borghese Lane #201 City: ale Zip Code: 411 Phone Numbers Fax: 66- 394 -895 Business: 39 -784 -3963 e -Mail Address: ewitte(a,)mail.co Work Place: Self Em to e How long have you lived in Collier County: Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ®e Board / Committee Applied for: ode Enforcemen Category: Not indicate Do you currently hold public offfice? ode Enforcement Board of Collier Coun Do you currently or ever served on a Collier County Board or Committee? h se C�J Please list your community activities: ollier County Code Enforcemnet Honorary Chair for Detroit Institute of Arts Benefi FAuration- EDUCATION MASTERS OF BUSINESS ADMINISTRATION University of Michigan, Ann Arbor 2003 • Concentrations in Marketing and General Management • Graduated with High Distinction, 740 GMAT, Beta Gamma Sigma Honor Society MASTERS AND BACHELORS IN MECHANICAL ENGINEERING University of Illinois, Urbana 1998 • Graduated with Honors, GPA 3.9/4.0, Honor Societies Pi Tau 12/15/2006 Agenda Item No. 9A January 23, 2007 MEMORANDUM Page 10 of 16 DATE: December 8, 2006 TO: Michelle Arnold, Code Enforcement Director FROM: Sue Filson, Executive Manager Board of County Commission RE: Code Enforcement Board As you know, we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Kenneth Kelly 4260 15`' Street, N.E. Naples, FL 34120 Jerry P. Morgan �- 2350 Montclaire Drive, #201 Naples, FL 34109 Lionel L'Esperance 86 Mahogany Drive Naples, FL 34108 Please let me know, in writing within the 41 day time -fi=e, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Doc 01 06 10,39a 239.354.0324 Agenda�tem No. 9A January 23, 2007 Page lto #,16 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 ' Fax: (239) o774-3602 Application for Advisory Committees /Boards Name: 40 4 P. i_4— 14o % w Home Phone: 2 39- 3 S- ,lc3.z l Home Address: Ala Cc -; 4 ; Zip Code:_ *14 r 1 Fax A o. X39- 3, y' o� 2 y Business Phone:., It, - •-cx,i c/ —e-mail address:- 4..% dfsD Kt 16 ooe �,'� .ca •^ Place orEmployment:� J !% AC- Board or Committee Applied for: Co,),e Forrp P�P^"1 %SaQr Category (il applicable): Example: Commission District, Developer. n eca , . How long have you lived in Collier County: Years 3 Months Are you a registered voter in Collier County: Yes__ X,_No Do you currently hold public office? Yes No X If go, what is that office? Have you ever been convicted of any offense against the Law? Yes No If yes; explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes li' No If yes, -pl1ease frst the committees /boards: /7`�4•,±:Jn.L � l'!U�Ir inC �r1,R r ft: o.� ._ „ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Anal., rIA4 ems,-, nc Education: 14; ij S” :M . {;.1 r o Experience: r, �mar,�ru�ie �•, �r.,4,_ et .o .s' , �c / Z- DIV,- s� ' ' I•�X�r` ✓e 1�ve. -J� � n r•�.+�3.n. � N it�i pr- 1 cx.� 1t '1, }' !VC''rr.+.�rFn.�ti1`- �. %nyt.c{rtriC. Please smack anv adduioae7 iwjorawtian row fee7piertinesrtt Tkis apphossioa shown be forKweed to Sue Filson, Executive Manner to rke Board of Coua4, Commurboem 3301 East Tanxlaerl TraR, Naples, FL 34172 if you wish. peleesej= ywYr application to (239jTid -3601 or e-u>ei w s+orAtrura'a�calCreroo�:Re� Tkaak}rora jvr wlpatetti+er ro aervt the atisaro ojColfiw Cauruy. Nov 29 06 05:00p Jerry Morgan 239- 513 -1240 3 Agenda item No. 9A January 23, 2007 Page 12 of 16 Board of County Commissioners 3301. Fast Tamialni Trail Maples, FL 34+,1. 2 " (239)774-9691' 74- St♦91' Fax: (239) 774 -3602 M;.; „ rs Application for Advisory Committees/Boards Name: � Q ,T3. Home Phone: zw- 51 64104e. Home Address: �� 11 �� wT_ I'i -, _ .� Ztp Code:. Z ax No 3 124 a Business Phone. e-mail address: * yA" Place of Employment: gs4I Rn p Board or Committee Applied for: Lt%Ui i6-R 6DU_ WT-4 6O — Nf bk. Category (if applicable): rh: a ti A�' Example: Comcissioa District, Developer, environmentollst, lay pl,"On, etc. How long have you lived in Collier County: Years_ 'Months \ 0 Are you a registered voter in Collier County: Yes Ull/ No Do you currently hold public office? if so, what is that office? Yes No Have you ever been convicted of any offense against the Law? If yes, explain: Yes„_ No t/ -- Do you now serve, or have you ever served, on a Collier County board or committee? Yes no If yes, please list the committees/boards: C==c"A1 %A t4 0 Please list your community activities (civic clubs, Education etc. and Please aaach auv oddWaftal information Yost Jea perrtaeKt. This application slwaid be forwarded to Sae FUsoK, Exmutive A9anagor to the Board of County Commissimwts, 3381 East Ta -lami TmX, Naples, FL 34112. tfyor w4h, pkwe fhx vow applicade" to (?: yj77i•J607 or eaaaU t0 mxlidvnn(drnNlrtrnv nr►. Thaekyeu for volunteering to serve Me cWtons ojCoUlar Coano% Ll 0 Advanced Components: Forms: Reporting: Edit Voter user: Sue Filson [Reset Password] Answers Back graphical report I text-fields entries I cross tabulation I data export Submission information Subrn tter DO ID: 185 ASP.net's user name: Disabled Submitter's Email : Anonymous IP address: 68.51.224.94 Submission recorded on: 11/16/2006 1:44:17 PM Time to take the survey: 11 minutes, 39 sea. Edit answers Switch to submitter's_ answer's read only mode Page 1 Clear page answers Clear question answers Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Clear question answers Your Name: (Please type your name as it appears on your voters registration) Lionel L'Esperance Clear question answers Home Address 86 Mahogany Dr. Clear question answers City Naples Clear question answers ZIP Code • 134108 Clear question answers Home Phone (Ex. 239 - 555 -5555) http: / /www.colliergov. netl ThirdPariy /Form/NSurveyAdmin/EditV oterReport. aspx ?surve... 11/20/2006 Collier County: Advanced Components: Forms: Reporting: Edit Voter Answers Agenda age Na 9A January 23, 2007 _ Page 14 of 16 239-566-2274 Clear question answers Business Phone (Ex. 239- 555 -5555) 239 - 273 -4424 Clear, question answers Fax (Ex. 239 - 555 -5555) 239 - 566 -9721 Clear question answers E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) l.ioneijr@aoi.com Clear question_ answers Place of Employment Coldweil Banker Clear question answers How long have you lived in Collier County? More than 15 Years Clear question answers Have you ever been convicted of any offense against the law? r Yes G No Clear question. answers If yes, explain: Clear question answers Are you a registered voter in Collier County? f. Yes -49 No Clear question answers Board or Committee Applied for: http:l lwww.colliergov.netJThirdParty/ Form/ NSurveyAdmin /EditVoterReport.aspx ?surve... 11/20/2006 Collier County: Advanced Components: Forms: Reporting: Edit Voter Answers ICode Enforcement Clear question answers Category (If Applicable): (Example: Commission District, Developer Environmentalist, Citizen At- Large, etc.) I Clear question answers Do you currently hold public office? r Yes l: No Clear question answers Iff yes, what office do you hold? Clear question answers Do you now serve, or have you ever served on a Collier County board or committee? Yes No Clear question answers If yes, please list the boards / committees: • Collier County Contractor Licensing Board ... Chairman/member • Collier County Code Enforcement Board ..... Chairman /member J Page 3 of 4 Agenda Item No. 9A January 23, 2007 Page 15 of 16 Clear question answers Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Army Reserves ( Criminal Investigation ) Retired, Lt. Colonel unct Professor, University of Florida /Edison College, Construction Ridge Civic Association, member Clear question answers Education: http:// www. colliergov.netJThirdPartylForm/N SurveyAdminlEditV oterReport. aspx ?surve... 11/20/2006 G7 Collier County: Advanced Components: Forms: Reporting: Edit Voter Answers BS, Political Science, western Michigan University, Kalamazoo, 1973 J Master of Science, Health Services Management, Nova University, 1986 + - . J Clear question answers Experience / Background; State Certified Plumbing contractor, retired State Certified Instructor, Construction Management J Update answers Q Copyright 2003 -2006, Vision Internet Providers, Inc. Page 4 of 4 Agenda Item No. 9A January 23, 2007 Page 16 of 16 http: / /www.colliergov. net /ThirdPartyl Form/ NSurveyAdmin lEditVoterReport.aspx ?surve... 11/20/2006 Agenda Item No. 913 OBJECTIVE: To appoint 1 member to a 5 year term, expiring on January 8, 2012, to the Educational Facilities Authority. CONSIDERATIONS: The Educational Facilities Authority had 1 term expire on September 24, 2006. This 5 member authority was established by the BCC on March 23, 1999 by Resolution No. 99 -177 pursuant to FL STAT 243.18 — 243.40 to transact any and all business and to exercise any and all powers authorized by the Act for an educational facilities authority. International College requested an EFA to assist with tax- exempt financing of its now administrative /classroom facilities planned for the Northbrook College PUD. EFA is limited only to financing projects on behalf of private, nonprofit, post secondary educational facilities. Terms are 5 years. A list of the current membership is included in the backup. The term for Alice J. Carlson expired on September 24, 2006. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Alice J. Carlson - reaapt n/a 4 Yes Educational Facilities Authority Industrial Facilities Authority Jerry Breshin n/a 1 Yes Habitat Conservation Plan Ad Hoc Committee COMMITTEE RECOMMENDATION: Alice Carlson — term expiring January 8, 2012 ATTENDANCE: Alice J. Carlson has missed 1 meeting since 1999. NOTE: The vacancy caused by the demise of Mr. Humphrey is being advertised. The authority is requesting that applicants be interviewed. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9B Appointment of member to the Educational Facilities .Authority. 112312007 9'00'.00 AM Agenda Item No. 9B January 23, 2007 Page 2 of 13 Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11212D07 4:52:59 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111212007 12:24 PM Commissioners Educational Facilities Authority Agenda Item No. 96 January 23, 2007 Page 3 of 13 Name Work Phone Appra &xp bate Term 5963 Bermuda Lane Home Phone DateRe -apps 2ndExpDate 2nd Term Mr. Ross P.10bley 03/23/99 03/23/01 2 Years 802 Slashpine Court 591 -1802 05110105 06/12/10 5 Years Naples, FL 34108 E Mail: rossgolfs @aol.com District: 2 Category: 643 -2020 03/23/99 03/23/04 5 Years Mr. John Agnelli 775 -2230 03/23/99 03/23/00 1 Year 373 Bay Meadows Drive 774 -3726 05/10/05 06/12/10 5 Years Naples, FL 34113 E -Mail: jagneUi@aol.com District: 1 Category., Ms. Barbara Minch Rosenberg 389 -2771 03/23/99 03/23/03 4 Years 5963 Bermuda Lane 592 -6199 04/22/03 04/23/08 5 Years � ,t Naples, FL 34119 C E -Mail: District: 3 Category: Mr. J. R. Humphrey V-C$ j1'90 643 -2020 03/23/99 03/23/04 5 Years 2540 Talon Court, #5041 649 -6623 05 /10/05 03/23/09 5 Years Naples, FL 34104 E -Mail: jmaples @comeast.net District. 4 Category: Ms. Alice J. Carlson 435 -3988 03/23/99 03/23/02 3 Years 2730 Leeward Lane 09/24/02 09/24/06 4 Years Naples, FL 34013 E Mail: District: 4 Category: Wednesday, May 11, 2005 Page 1 of 2 Agenda Item No. 9B January 23, 2007 Page 4 of 13 Educational Facilities Authority Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Established by the BCC on March 23, 1999, Resolution No. 99-177 pursuant to FL STAT 243.18 - 243.40 - (Higher Educational Facilities Authorities Law) to transact any and all business and to exercise any and all powers authorized by the Act for an educational facilities authority. International College requested an EFA to assist with tax - exempt financing of its now administrative/classroom facilities planned for the Northbrook Village PUD. EFA is limited only to financing projects on behalf of private, nonprofit, post secondary educational facilities. Terms are 5 Years FL STAT 243.18 - 243.40 `- Swff. Don Pickworth, Attorney: 263 -8060 Wednesday, May 11, 2005 Page 2 of 2 filson_s From: Donald Pickworth (picklaw@earthlink.net] Sent: Tuesday, January 02, 2007 5:20 PM To: Filson s. Subject: Re: EFA and IDA Page 1 of 1 Agenda Item No. 9B January 23, 2007 Page 5 of 13 Alice Carlson has a perfect (or near perfect) attendance record. I can only recall one meeting that she has missed in all the years she has been on the Authorities. All of the applicants are qualified by experience to be appointed, i.e. there are no "categories" involved. — Original Message — From: filson_s To: picklaw @earthlink.net Sent: Tuesday, January 02, 2007 2:09 PM Subject: EFA and IDA Hi Don, 1 hope you had a nice holiday. Just a reminder that I need the attendance records for the reappointments; also the BCC like to know which applicants meet the qualifications to serve on the authorities. As soon as I receive that information, I'll prepare the ex sum. Thanks. Sue FiCson Executive - Manager, BCC (239) 774-8097 phone (239) 774-8865^ fax suefilson@colliergov.net 1/3/2007 2w6.2oo7 EDC Board of Directors Chairman Richard C. Grant President Grant, Fridkin, Pearson, .man & Crown, P.A. ediate Past Chairman 'I A E. Gates President and CEO Gates McVey Chairman Elect Julie A. Schmelzle Senior Vice President Bank of America President Tammie J. Nemecek Economic Development Council of Collier County Vice Presidents Carlos Diaz President & CEO Gulf Coast American Fabrication Carol E. Girardin Partner Larson Allen CPAs, Consultants and Advisors David A. Hart Vice President of Government Relations WCI Communities James A. Wamken Chief Financial Officer & Executive Vice President NCH Healthcare System Directors Jeff Allbritten President Collier Campus Edison College Buddy Brunker Public Affairs Manager EMBARQ Lily DeBlieux CEO Widespread Technologies -Xerox Kent S. Ellert R ional President Gulf Coast Region .kVachovia mas J. Flood .sident and CEO -oilier Enterprises Ltd. John M. Gleeson Vice President The Bonita Bay Group Brian L. Goguen Vice President of Real Estate Barron Collier Companies Nicholas J. Healy Jr. President Ave Maria University Thomas "Chad" Lund Vice President Lund Capital Group Kim Minanch Vice President Gulf Bay Group of Companies Terry McMahan Pre5ldent International College William H. Morean Senior Vice President Fifth Third Bank Robert Mulhere Vice President RWA, Inc. William R. O'Neil Attorney at Law Roetzel & Andress Timothy R. Parry Sr. Vice President & General Counsel Health Management Associates Dr. Richard Pegnetter Dean College of Business Florida Gulf Coast University John Pinholster Senior Vice President 'raft Construction an Reynolds hairman & CEO WilsonMiller Susan Takacs Associate Administrator Physicians Regional Medical Center rrr••s ECONOMIC DEVELOPMENT COUNCIL of Collier County, Florida Crowing Great Ideas 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104, USA 239.263.8989 • Phone 239.263.6021• • Fax 1.866.eNaples • Toll Free edc @eNaplesFlorida.com www.eNapiesFiorida.com December 22, 2006 Collier County Board of Commissioners Attn: Sue Filson Executive Manager Collier County Courthouse, Building "F" 3301 East Tamiami Trail Naples, FL 34112 -4977 Re: Appointment to Educational Facilities Authority Dear Commissioners and Ms. Filson: The Economic Development Council of Collier County has been advised that the term of Alice J. Carlson as a member of the Collier County Educational Facilities Authority has expired and that Ms. Carlson desires re- appointment. Ms. Carlson has served that EFA for many years, and is currently its chairman. The Authority has provided significant financing for both International College and Ave Maria University in recent years, an important service to Collier County and its citizens. The experience, knowledge, and conflict -free judgment of Ms. Carlson is vital to the work of the Authority, and the Economic Development Council highly recommends her re- appointment. If you need further information, please give me a call. Very truly yours, Tammie President i COO Agenda Item No. 913 January 23, 2007 Page 7 of 13 Alice J. Carlson, Chairman Barbara M. Rosenberg, Vice Chairman Ross P. Obley, Secretary John J. Agnelli Collier County Educational Facilities Authority 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 (239) 263 -8989 December 18, 2006 Board of County Commissioners of Collier County Attn: Sue Filson, Executive Manager Collier County Courthouse, Building "F" 3301 East Tamiami Trail Naples, FL 34112 -4977 Re: Appointment to Educational Facilities Authority Dear Commissioners and Ms. Filson: The Educational Facilities Authority has discussed the re- appointment of our current chairman, Alice J. Carlson. Ms. Carlson has served the Authority for many years and her experience and knowledge is valuable for both the Authority and the citizens of Collier County. The Authority recommends her reappointment. If you need further information, please give me a call. Ve truly yours, Barbara M. Rosenberg Vice Chairman MEMORANDUM DATE: August 28, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda Item No. 913 January 23, 2007 Page 8 of 13 l aria ,,• , 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. EDUCATIONAL FACILITIES AUTHORITY Alice J. Carlson 2730 Leeward Lane Naples, FL 34103 Jerry Breshin 4695 Hawk's Nest Way, Apt. 204 Naples, FL 34114 Thank you for your help. COMMISSION DISTRICT Agenda Item No. 9B January 23, 2007 MEMORANDUM Page 9of13 DATE: August 28, 2006 TO: Attorney Don Pickworth FROM: Sue Filson, Executive Board of County Com RE: Educational Facilities Authority As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Alice J. Carlson 2730 Leeward Lane Naples, FL 34103 Jerry Breshin 4695 Hawk's Nest Way, Apt. 204 Naples, FL 34114 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail • Naples, FL 34112 (239) 774 -8097 Fax (239) 774 -3602 • r Agenda Item No. 913 January 23, 2007 Page 10 of 13 Application for Advisory Committee /Boards Name: Alice J. Carlson Home Phone: 239 261 -8469 Home Address: 2730 Leeward Lane Naples, Florida Zip Code: 34103 Fax No. 239 435 -3989 Business Phone: 239 435 -3988 e-mail address: aicaa cddflorida.com Place of Employment: AJC Associates, Inc. Board or Committee Applied for: Educational Facilities Authority Category (if applicable): N/A How long have you lived in Collier County: Years 26 Months 11 Are you a registered voter in Collier County: Yes X Do you currently hold public office: No X Have you ever been convicted of any offense against the Law: No X Do you now serve, or have you ever served, on a Collier County board or Committee: Yes X If yes, please list the committeesAwards: Edmc4 Tonal Facilities Authority IndusArial, Development Autbmily Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: See attached resume Education: See attached resume Experience: See attached resume Agenda Item No. 913 January 23, 2007 Alice J Carlson Page 11 of 13 2730 Leeward Lane Naples, Florida 34013 (239) 2614469 res. • (239) 435 -3988 bus. — (239) 435 -3989 fax e -mail: aicn cddflorida.com Nov 1997 — Present President AJC Associates, Inc. Naples, Florida www.eddfloilda.com Owner of a consulting practice specializing in real estate, business and financial consulting with an emphasis in community development districts (CDD's) spacial assessment lien rolls in Collier and Lee Counties. 1995-1997 Senior Vice President, Treasurer and Chief Accsoatiag Officer WC1 Communities, Inc. (WCI). Naples, Florida WCI is a large community developer specializing in master planned communities within the state of Florida. Primary responsibilities included general accounting, cash management, financial planning, annual audit and tax rains, and coordination with the udornmtion technology departinnent. In addition was responsible for coordination of all community development district financing for WCL Assisted the Chief Financial Officer with investor and bank relations and all other financing Projects including the bank revolver and team loans, high rise construction loans and acquisition loans. 1978-1995 Westinghouse Communities, Inc. Naples, Florida Held various professional and management positions listed below: 1995-1995 . Vice President, Controller, WCI Communities 1994-1994 Vice President, Operations, Gateway Communities 1993-1994 Controller, Special Projects, WCI Communities 1990-1992 Controller, Florida West Coast, Westinghouse Communities of Naples, Inc. 1988-1990 Controller, Westinghouse Conummities of Naples, Inc. 1986-1988 Director of Accounting, Coral Ridge Properties, Inc. 1982-1986 Manager of Accounting, Westinghouse Communities ofNaples, ire. 1980-1981 Supervisor, Accounting Department, Coral Ridge- C,olGer Properties, Inc. 1979-1980 Staff Accountant, Coral Ridge - Collier Properties, Inc. 1978-1979 Staff Accountant, Treasure Lake Companies Education 1978 Florida Atlantic University Boca Raton, Florida BBA, Accounting 1976 Ocean County College Toms River, New Jersey AS, Accounting Professional Member, South Florida Water Management District Governing Board, 2005 - present Affiliations City ofNaples Airport Authority, Chairman, 2004 City ofNaples Airport Authority, Carxnissioner, 2001- 2003, 2005 Urban Land Irstitite, SW Florida, Treasanw, 2002 -2005 Land Preservation Trust of SW Florida, 2001 -2005 Collier County Industrial Development Authority, present Collier County Education Facilities Authority, Chmirinari, present Chamber Member, presort Economic Development Council, Director 1995 -1996 Leadership Collier Graduate, Class of 1991 filson s From: advisoryboards @colliergov.net Sent: Thursday, August 17, 2006 9:16 AM To: filson_s Subject: New On -line Advisory Board Application Submitted. Page 1 of 2 Agenda Item No. 913 January 23, 2007 Page 12 of 13 Board of County Commissioners _qo er -C uxty 3301 East Tamiami Trail - 4' Naples, FL 34112 . Tel: (239) 774 -3602 Fax: (239) 774,3602 August 17, 2006 Application for Advisory Committees / Boards Name: jerry breshin Home Phone: 239 - 775 -8134 Home Address: 4695 hawks nest way, apt. 204 City: naples Zip Code: 34114 Fax Number: No information provided. Business Phone: No information provided. Email Address: j.breshin@ad.net Place of Employment: currently semi - retired from university teaching How long have you lived in Collier County? 1 -2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: educational facilities authority Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/18/2006 r Please list your community activities: No information provided. Education: ph.d business adm.; penn. state university, 1986 mba business adm; city univ. of new york, 1972 Experience / Background: university professor since 1977; business consultant 8/18/2006 Page 2 of 2 Agenda Item No. 913 January 23, 2007 Page 13 of 13 Agenda Item No. 9C January,23, 2007 EXECUTIVE SUMMARY Page 1 of 17 APPOINTMENT OF MEMBERS) TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OBJECTIVE: To appoint 1 member to 4 year term, expiring on January 8, 2011, to the Industrial Development Authority. CONSIDERATIONS: The Collier County Industrial Development Authority had 1 term expire on September 24, 2006. This 5- member authority was established by the Board of County Commissioners on February 27, 1979 by Resolution No. 79 -34 pursuant to State Statues 159, Part III. This authority has the power to issue Industrial Development Bonds to qualifying projects. Money generated from the bonds would be used to construct industrial plants, equipment and other facilities which would be leased or sold to private industry. The Authority meets several times a year at irregular intervals. Terms for are 4 years. A list of the current membership is included in the backup. The term for Alice J. Carlson expired on September 24, 2006. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Alice J. Carlson - reaapt n/a 4 Yes Educational Facilities Authority Industrial Facilities Authority Jerry P. Morgan n/a 2 Yes Code Enforcement Board Utility Authority Thomas A. Donegan n/a 2 Yes None William H. Schaar n/a 2 Yes I None COMMITTEE RECOMMENDATION: Alice Carlson — term expiring January 8, 2011 ATTENDANCE: Alice J. Carlson has missed 1 meeting since 1998. NOTE: The vacancy caused by the demise of Mr. Humphrey is being advertised. The authority is requesting that applicants be interviewed. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9C January 23, 2007 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item Summary: Appointment of member to the Industrial Development Authority. Meeting Date: 112312007 9:00.00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11212007 4:52:59 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 171412007 6:24 PM Commissioners Agenda Item No. 9C January 23, 2007 Page 3 of 17 Collier County Industrial Development Authority 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 (239) 263 -8989 Barbara M. Rosenberg, Vice Chair Alice J. Carlson, Secretary John Agnelli Ross P. Obley April 18, 2005 Sue Filson Executive Manager Board of County Commissioners Collier County Courthouse, Building "F" 3301 East Tamiami Trail Naples, FL 34112 -4977 Re: Appointment to Industrial Development Authority Dear Sue: The Industrial Development Authority has discussed the re- appointment of one of its current members, Alice J. Carlson, whose current terms has expired. Ms. Carlson has served the Authority for many years as its secretary and the Authority relies heavily on her experience and knowledge, and recommends her reappointment. If you need further information, please do not hesitate to call me. Ve truly yours, L "41 Barbara M. Rosenberg Vice Chairman 2006 -2007 EDC Board of Directors Chairman Richard C. Grant President Grant, Fridkin, Pearson, - -*than & Crown, P.A. mediate fast Chairman dd E. Gates President and CEO Gates McVey Chairman Elect Jul ie A. Schmelzle Senior Vice President Bank of America President Tammie I. Nemecek Economic Development Council of Collier County vice Presidents Carlos Diaz President & CFO Gulf Coast American Fabrication Carol E. Girardin Partner Larson Allen CPAs, Consultants and Advisors David A. Hart Vice President of Government Relations WCI Communities lames A. Warnken Chi.( Financial Officer & Executive Vice President NCH Healthcare System Directors Jeff Allbritten President Collier Campus Edison College Buddy Brunker PublicAffairs Manager EMBARQ Lily DeBlieux CEO Widespread Technologies -Xerox Kent S. Ellert Regional President Gulf Coast Region Wachovia omas 1. Flood esident and CEO Collier Enterprises Ltd. John M. Gleeson Vice President The Bonita Bay Group Brian L. Gdent oguen Vice Presi of Real Estate Barron Collier Companies Nicholas J. Healy Jr. President Ave Maria University Thomas "Chad" Lund Vice President Lund Capital Group Kim Minarich Vice President Gulf Bay Group of Companies Terry McMahan President International College William H. Morgan Senior Vice President Fifth Third Bank Robert Mulhere Vice President RWA, Inc. William R. O'Neil Attorney at Law ,.etzel & Andress Timothce Py R. Parry . Sir Viresident & General Counsel Health Management Associates Dr. Richard Pegnetter Dean, College of Business Florida Gulf Coast University John Pinholster Senior Vice President Kraft Construction Ian Reynolds Chairman & CEO WilsonMiller Susan Takacs Associate Administrator Physicians Regional Medical Center ECONOMIC DEVELOPMENT COUNCIL ------- - - - - -- of Collier County, Florida Growing Great Ideas 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104, USA 239.263.8989 • Phone 239.263.6021 • Fax 1.866.eNaples e Toll Free edc @eNaplesFlorida.com www.eNapiesFIorida.com December 22, 2006 Collier County Board of Commissioners Attn: Sue Filson Executive Manager Collier County Courthouse, Building "F" 3301 East Tamiami Trail Naples, FL 34112 -4977 Re: Appointment to Industrial Development Authority Dear Commissioners and Ms. Filson: The Economic Development Council of Collier County has been advised that the term of Alice J. Carlson as a member of the Industrial Development Authority has expired and that Ms. Carlson desires re- appointment. Ms. Carlson has served the IDA for many years as the secretary of the Authority and the Authority relies heavily on her experience, knowledge, and conflict —of- interest —free judgment. The IDA is an important adjunct to the work of the Economic Development Council and the reappointment of this experienced member maintains the strength not only of the Authority, but of the EDC. The EDC highly recommends her re- appointment. If you need further information, please give me a call. Very truly yours, Q*wl/ft� Tammie Nddiecek President and COO Agenda Item No. 9C January 23, 2007 Page 5 of 17 Industrial Development Authority District: 4 Category: aSP Mr. Jack R. Humphrey 00 ,& 3963 Enterprise Avenue PA Naples, FL 34104 E -Mail. Distrid. 4 Category: Ms. Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 E -Mail. Distrid. 3 Category: Mr. John Agnelli 373 Bay Meadows Drive Naples, FL 34113 E Mail. jagnelli@aol.com District: 1 Category: Mr. Ross P. Obley 802 Slashpine Court Naples, FL 34108 E Mail: rossgolfs @aolcom District: 2 Category. 643 -2020 11/07/95 02/28/99 4 Years 04/22/03 04/13107 4 Years 389 -2771 11/07/95 02/28/99 4 Years 592 -6199 04/22/03 04/13/07 4 Years 775 -2230 06/10/97 02/28/00 3 Years 774 -3726 05/10/05 06/12/09 4 Years 591 -1802 05/26198 02/28/01 3 Years 05110105 06/12/09 4 Years Wedhaday, May 11, 2005 J Page 1 of 2 Work Phone Appt'd Exp. Date Term Name Home Phone DateR"ppt 2ndExpDate 2nd Term Ms. Alice J. Carlson 05/26/98 05/26/02 4 Years 3331 1st Avenue, N.W. 435 -3988 09/24/02 09/24/06 4 Years Naples, FL 34120 E Mail: District: 4 Category: aSP Mr. Jack R. Humphrey 00 ,& 3963 Enterprise Avenue PA Naples, FL 34104 E -Mail. Distrid. 4 Category: Ms. Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 E -Mail. Distrid. 3 Category: Mr. John Agnelli 373 Bay Meadows Drive Naples, FL 34113 E Mail. jagnelli@aol.com District: 1 Category: Mr. Ross P. Obley 802 Slashpine Court Naples, FL 34108 E Mail: rossgolfs @aolcom District: 2 Category. 643 -2020 11/07/95 02/28/99 4 Years 04/22/03 04/13107 4 Years 389 -2771 11/07/95 02/28/99 4 Years 592 -6199 04/22/03 04/13/07 4 Years 775 -2230 06/10/97 02/28/00 3 Years 774 -3726 05/10/05 06/12/09 4 Years 591 -1802 05/26198 02/28/01 3 Years 05110105 06/12/09 4 Years Wedhaday, May 11, 2005 J Page 1 of 2 Agenda Item No. 9C January 23, 2007 Page 6 of 17 Industrial Development Authority Work Phone Appt'd Exp. Date Term Name Some Phone DateRe -appt 2ndExpDate 2nd Term Established on February 27, 1979, by Resolution No. 79 -34 pursuant to FL STAT 159, Part III, This authority is composed of 5 members who serve staggered, 4 -year terms. This authority has the power to sell industrial revenue bonds. Money generated from the bonds would be used to construct industrial plants, equipment and other facilities which would be leased or sold to private industry. Tammie Nemecek, Executive Director Economic Development Council 3200 Bailey Lane, Suite 162 Naples, FL 34105 phone: 263 -8989 fax: 263 -6021 FL STAT 159, Part III Smff. Don Pickworth, Attorney: 263 -8060 °� Wednaday, May 11, 2005 Page 2 of 2 Page 1 of 1 Agenda Item No. 9C January 23, 2007 fllSon—s Page 7 of 17 From: Donald Pickworth [picklaw @earthlink.net] Sent: Tuesday, January 02, 2007 5:20 PM To: filson s Subject: Re: EFA and IDA Alice Carlson has a perfect (or near perfect) attendance record. I can only recall one meeting that she has missed in all the years she has been on the Authorities. All of the applicants are qualified by experience to be appointed, i.e. there are no "categories" involved. --- Original Message — From: filson_s To: picklaw @earthlink.net Sent: Tuesday, January 02, 2007 2:09 PM Subject: EFA and IDA Hi Don, 1 hope you had a nice holiday. Just a reminder that I need the attendance records for the reappointments; also the BCC like to know which applicants meet the qualifications to serve on the authorities. As soon as I receive that information, I'll prepare the ex sum. Thanks. Sue Fi&an Executive .Manager, BCC (239) 774 -8097 yhone (239) 774-8865 fax suefilson@colliergov.net 1/3/2007 Agenda Item No. 9C January 23, 2007 Page 8 of 17 MEMORANDUM DATE: August 28, 2006 TO: Elections Office FROM: Sue Filson, Executive Manag Board of County Commission 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. Also, please list the commission district in which each applicant resides. INDUSTRIAL DEVELOPMENT AUTHORITY Alice J. Carlson 2730 Leeward Lane Naples, FL 34103 Jerry P. Morgan 2350 Montclaire Drive, #201 Naples, FL 34109 Thomas A. Donegan 6967 Mill Pond Circle Naples, FL 34109 William H. Schaar 455 Cove Tower, #603 Naples, FL 34110 Thank you for your help. COMMISSION DISTRICT oar lal Ne Agenda Item No. 9C January 23, 2007 MEMORANDUM Page 9of17 August 28, 2006 Attorney Don Pickworth Sue Filson, Executive Manager Board of County Commissione Industrial Development Authority As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Alice J. Carlson 2730 Leeward Lane Naples, FL 34103 Jerry P. Morgan 2350 Montclaire Drive, #201 Naples, FL 34109 Thomas A. Donegan 6967 Mill Pond Circle Naples, FL 34109 William H. Schaar 455 Cove Tower, #603 Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments L� a Agenda Item No. 9C January 23, 2007 Page 10 of 17 Board of County Commissioners 3301 Fast Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax (239) 774 -3602 Application for Advisory Committee /Boards Name • Alice J. Carlson Home Phone: 239 261 -8469 Home Address: 2730 Leeward Lane, Naples, Florida Zip Code: 34103 Fax No. 239 435 -3989 Business Phone: 239 435 -3988 e-mail address: aic(acddflorida.com Place of Employment: AJC Associates. Inc. _ Board or Committee Applied for: Industrial Develgpment Authority Category (if applicable): N/A How long have you lived in Collier County: Years 26 Months 11 Are you a registered voter in Collier County: Yes X Do you currently hold public office: No X Have you ever been convicted of any offense against the Law: No X Do you now serve, or have you ever served, on a Collier County board or Committee: Yes X If yes, please list the committeestboards: Educational Facilities Authority Industrial Development Authority Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: See attached resume Education: See attached resume Experience: See attached resume Agenda Item No. 9C January 23, 2007 Alice J. Carlson Page 11 of 17 2730 Leeward Lane Naples, Florida 34013 (239) 261 -8469 res. (239) 435 -3988 bus. — (239) 435 -3989 fax e -mail: aic6iDcddflorida.com Nov 1997 —Present President AJC Associates, Inc. Naples, Florida www.eddflorida.com Owner of a consulting practice specializing in real estate, business and financial consulting with an emphasis in community development districts (CDD's) special assessment lien rolls in Collier and Lee Counties. 1995-1997 Senior Vice President, Treasurer and Chief Accounting Officer WCI Communities, Inc. (WCI). Naples, Florida WCI is a large community developer specializing in master planned communities within the state of Florida. Primary responsibilities included general acco urting, cash management, financial planning, annual audit and tax returns, and coordination with the imfonnation technology department. in addition was responsible for coordination of all community development district financing for WCI. Assisted the Chief Financial Officer with investor and bank relations and all other financing projects including the bank revolver and tam loans, high rise eonstarction loam and acquisition loans. 1978-1995 Westinghouse Communities, Inc Naples, Florida Held various professional and management positions listed below: 1995-1995 Vice President, Controller, WCI Communities 1994-1994 Vice President, Operations, Gateway Communities 1993-1994 Controller, Special Projects, WCI Cea:nnnnaities 1990-1992 Controller, Florida West Coast, Westinghouse Communities ofNaples, Inc. 1988-1990 Controller, Westinghouse Communities of Naples, Inc. 1986-1998 Director of Accounting, Coral Ridge Properties, Inc. 1982-1996 Manager of Accounting, Westinghouse Communities ofNaples, Inc. 1980-1981 Supervisor, Accounting Department, Coral Ridge - Collier Properties, Inc. 1979-1980 Staff Accountant, Coral Ridge - Collier Properties, Inc. 1978-1979 Staff Accountant, Treasure Lake Companies Education 1978 Florida Atlantic University Boca Raton, Florida BBA, Acoonadug 1976 Ocean County College Toms River, New Jersey AS, Accounting Professional Member, South Florida Water Management District Governing Board, 2005- present Affiliations City ofNaples Airport Authority, Chairman, 2004 City ofNaples Airport Authority, Commissioner, 2001 -2003, 2005 Urban Land Institute, SW Florida, Treasurer, 2002 -2005 Land Preservation Trust of SW Florida, 2004 -2005 Collier County Industrial Development Authority, present Collier County Education Facilities Authority, Chairman, present Chamber Member, present Economic Development Council, Director 1995 -1996 Leadership Collier Graduate, Class of 1991 61 ja Plug 18 06 11:12a Jerry Morgan 239- 513 -1240 p.1 - - - -.: Agenda item No. 9C January 23, 2007 � Q Board of County CommiSOOners AUG 18 2006 MI East Tamiaml TraG Naples, FL 341 t2 of Coilr N �ommissio�ers (2349 77s -1017 , AppikAtion for Advisory Committees/Boards s7 Name-jr-y' :j lJ home rbore: Z `L RaxTlo �'2t Zlix -' DOWNS Tbir. e-mail Cate3ary (if applicable) i-L - i 4z. L Coew duW& 1' - 4 Daeraaar s•hwa�aertYy breiMe. Are you a n*kWt.d .rotrr is Cotllor Cowaty: Yee ✓ No Do you errready bed public o010? Ya No If w WOW Y ties efiee' De you ww a rve. or kw- pea ewr ur194 en0a Ce>rer OMO Vbewd or eeeaaginer, a A ^ xT P%war mAkw* MYwrWwmo11 1walWt NM— Jam wo*w R A@w &r$wwA Mf" Sew Panty, farnin a(Mpw. e. aaetten OXAMIX Wwar+wbir,rianwfww d/Voa<Mwwa G")77f4dVaromeaw Tiwij"j$rwMye =f&*VwdwQwxwyGA4rC'ftgw • i /-z 3 Page 1 of 2 Agenda Item No. 9C January 23, 2007 filson s Page 13 of 17 From: advisoryboards @colliergov.net Sent: Thursday, August 17, 2006 10:47 PM To: filson s Subject: New On -line Advisory Board Application Submitted. co er c,,,ty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774602 Fax: (239) 774',1602 August 17, 2006 Application for Advisory Committees / Boards Name: Thomas A. Donegan Home Phone: 239 - 594 -5648 Home Address: 6967 Mill Pond Circle City: Naples, Flordia Zip Code: 34109 Fax Number: 239 - 594 -5648 Business Phone: 239 - 594 -5648 Email Address: T—Donegan@msn.com Place of Employment: Retired 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 / Committee Applied for: Collier County Ind ustrial Development Authority Category: (if applicable) Registered P E 0. Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? 8/18/2006 if yes, please list the boards / committees: Naples Library Board 10 Please list your community activities: Member Naples Library Board Ret, , Kiwanis Northside Naples, Registered Professional. Engineer State of Fla..Fla Professional Eng,Society Secretary of FPER,Tau Beta PI Enngineering Society, Retired Project Mgr Collire Cty Govt. Education: B.S. Chemical Engineering Iowa State University 1942 graduate St Joseph Missouri Juniorr Collage Graduate Christian Brothers High School.St. Joseph, Mo. Graduate Experience / Background: Engineering Projects MangerCollier County Govt. Engineer on several County Projects, Coodinator Solid Waste Dept. Dir. of Engr. Utilities Div. Collier County Govt1984 -1998 Velzy Associates Engineer 1981 1984 Union Carbide Corporation 1942 -1980 Professional Engineer Mfg. and Distribution of Industrial Liquids and Indistrial gases 03 i 8/18/2006 Page 2 of 2 Agenda Item No. 9C January 23, 2007 Page 14 of 17 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees/Boards Agenda Item No. 9C 70cmuary 2W7 e15ofI�� Name: 4L) / C-/ A M t1, Sc N A R 2 Home Phone: 5 9 7- I& 5 Z Home Address: 465- ca ✓,:-: T w � 2 A 6,03 Zip Code: '?¢ Fax No. S (d 6 - 84 7/ Business Phone: e-mail address: 1 14A- Sc-14 A-AlL(A Place of Employment: c i i 2�_—n Board or Committee Applied for: I1V 13 US -r 9- 1,0 4 ) IF -VaLy eH 7 4 —heo, -1 7'j Category (if applicable): Example: Commission Distrim Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 7i Months 7i Are you a registered voter in Collier County: Yes t/ No Do you currently hold public office? Yes No If so, what is that office? f/ Have you ever been convicted of any offense against the Law? If yes, explain: Yes No 1/ Do you now serve, or have you ever served, on a Collier County board or committee? Yes No If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Alb r,/ c= s n Experience: —S c? c-- /' N E D le - S IiiwG -- Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112 If you wish, please fax your application to (239) 774 -3602 or e-mail to sue/llsoni'a,collier ¢ ox net Thank you for volunteering to serve the citizens of Collier County. Agenda Item No. 9C WILLIAM H. SCHAAR January 23, 2007 455 Cove Tower #603 (239)PM/A9117 Navles Florida 34110 Bi1lSchaarna aol.com PROFILE: Senior Finance, Strategy and Business Development Executive - developed and promoted through the Ford Motor Company finance organization at domestic and international operations, followed by Senior Officer positions in two diversified Fortune 500 corporations and CFO of a leading national not - for - profit organization. Expertise includes: • Financial controls • International operations • Organization/Financial restructuring • Mergers and acquisitions • Strategic business planning • Treasury/Financing PROFESSIONAL 4NDIAN ROCK EA M Kentucky 2004- Presen EXPERIENCE: Managed family farming operation near Lexington, Kentucky. THE C WBCH PEMS DN GRQUP. New York_ NY 1995 -2003 Executive Vice President and Chief Financial Officer CFO of financial operations of the Episcopal Church in the U.S., including: • Financial management of several $ billion of pension funds, trusts and endowments. • CFO of property, casualty and life insurance companies owned by the Church. • Senior financial officer of the Episcopal Church Medical Trust and the publishing company of the Church. RrrcnvF.S.� A.S 4F..� 4MF1VT /VISC�RY CONSUT TING 1993 -1994 Evaluated potential business acquisitions, developed specific business plans and served as a consultant and advisor to investors and businesses. ♦ .._�� .. Directed all aspects of business strategy, development and financial controls for operations producing stainless and carbon steels and metals - related products. Joint ventures and investments included oil field equipment, mining products and diversified manufacturing/service interests. Vice President, Strategy and Business DevelopmeitL ]0 -1922) Corporate -wide responsibility for all domestic and foreign strategy and business development, reporting directly to the Chairman and CEO. • Formed and helped manage multi - national joint ventures. • Led the effort which resulted in the acquisition of Cyclops Industries in 1992. • Structured the financial aspects of the spin -off of Armco's flat rolled carbon steel business. Corporate Vice President and Controller (1987 -1992) • Rebuilt and restructured the Corporate Controller's office following its relocation to New Jersey from Ohio and re- established a disciplined business planning process. • Developed and presented financial reviews to the Board of Directors and outside parties. Agenda Item No. 9C WILLI��' �"07 7 e wo BRLINSW&KCORPORATIOM Skokie. IL 1981 -1986 Corporate Controller (1982 -1986) Directed the Corporate Controllership function, reporting directly to the CEO of this manufacturer of recreation, defense and industrial products, including operations of worldwide recreation centers. Responsibility included financial analysis, internal audit, accounting, MIS and tax. • Managed the financial reporting system that recorded 15 consecutive quarters of year - over -year profit increase. • Led the analytical work which contributed to the defeat of a hostile takeover attempt. • Implemented a company -wide reorganization/restructuring as a response to the above. Chief Financial Officer, Marine Power Group (198 1) • Managed the worldwide financial activities of the $800 million engine and marine power manufacturing operations. FORD MOTOR COMPANY. Dearborn MI 1964 -1981 Vice President, Finance/CFO, Ford Motor Company of Mexico (1978 -1981) Led all financial functions for this $1 billion + integrated foreign operation including assembly plants, parts manufacturing and joint ventures. • Financed independently a 30% annual growth in car and truck production for a three year period. • Formed three auto parts manufacturing joint ventures with major Mexican industrial groups. Assistant Controller, Ford Parts and Service Division (1975 -1978) • Directed departments responsible for financial analysis, pricing and cost control of Ford's $1.5 billion U.S. aftermarket parts business and related service operations. Manager, Sales Group Financial Analysis (1974 -1975) Manager, Market and Profit Analysis, Lincoln - Mercury Division (1972 -1974) Supervisor, Product and Price Department, Corporate Finance Staff (1969 -1972) Analyst/Supervisory Positions, Controller's Office, Ford Division (1964 -1969) Credit Analyst, Loan Department EDUCATION: M.B.A., Finance, University of Chicago Graduate School of Business (1963) B.S., Finance, DePaul University, Chicago (1960) PERSONAL: Married, three children. Excellent health. Native of Chicago area. Honorable discharge, U.S. Army (active duty in 1960). Interests include farming (Kentucky), travel and reading. Agenda Item No. 9D January 23, 2007 EXECUTIVE SUMMARY Page ;1 of s APPOINTMENT OF MEMBER(S) TO THE PUBLIC VEHICLE ADVISORY COMMITTEE OBJECTIVE: To appoint 1 Alternate — Non - Affiliated member to fulfill the remainder of a vacant term, expiring on September 2, 2008, to the Public Vehicle Advisory Committee. CONSIDERATIONS: The Public Vehicle Advisory Committee has 1 vacancy due to a resignation with the term expiring on September 2, 2008. This 5 member plus 1 alternate member consists of at least 2 members and not more than 3 members that must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and at 2 members and not more than 3 members who are in no way affiliated or associated with the vehicle for hire business. They review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related. to the motor vehicle for hire business and regarding alleged violations of Ordinance 95 -66. Terms are 4 years. A list of the current membership is included in the backup. Mr. Richard Schmidt (Alternate Non - Affiliated) resigned on November 9, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Steven M. Quinn Non - Affiliated 4 Yes I None COMMITTEE RECOMMENDATION: Quasi- Judicial — no recommendation; however a memo was received from staff advising that Mr. Quinn meets the criteria to serve as a non- affiliated member. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9D January 23, 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9D Item Summary: Appointment of member to the Public Vehicle Advisory Committee. Meeting Date: 1123/2007 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11212007 4:52:59 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/15(2007 3:10 PM Commissioners Agenda Item No. 9D January 23, 2007 Page 3 of 8 it r Memorandum To: Sue Filson, Executive Manager BCC From: Michelle Arnold, Code Enforcement Director Date: Tuesday, January 02, 2007 Subject: Public Vehicle Advisory Committee I am in receipt of your memo dated January 2, 2007 in which you requested review of application submitted by a citizen interested in serving on the PVAC. The resume for the applicant listed below was reviewed and meet the Public Vehicle Advisory Committee qualifications in Ordinance 2005 -60 Sec. 142 -30, general classification requirements in the following categories: .f�1_PIA CATEGORY Steven M. Quinn Non - Affiliated Member Please be advised that there is currently 1 vacancy on the committee. In accordance with Ordinance 2005 -60, the 5 member PVAC shall consist of at least 2 but no more than 3 affiliated members. We currently have 3 members on the committee that are affiliated in the industry. The proposed candidate, because of his non - affiliation would meet the ordinance requirements. Should you require additional input please feel free to contact me at 403 -2413. Agenda Item No. 9D January 23, 2007 Page 4 of 8 Public Vehicle Advisory Committee Mr. Richard Schmidty16n 07/26/05 2786 Orange Grove Trail y1,6) 3543490 Naples, FL 34120 E -Mail. rschmidtl956 @earthiink.net District: 5 Category: ALTERNATE - Non - Affiliated Mr. Tony Marino 729 Regency Reserve Circle, #5503 Naples, FL 34119 E -Mail. District: 3 Category: Affiliated Mr. Randall R. Smith 9120 The Lane Naples, FL 34109 E -Mail: rsmith@nttdestination.com District: 2 Category: Affiliated Mr. Thomas W. Lugrin 2102 Morning Sun Lane Naples, FL 34119 E-MaU. dolphincareyfl@aol.com District: 3 Category: Affiliated 593 -5567 353 -7036 262 -1914 513 -0501 530 -0100 566 -3367 03/23/04 09/21/04 03/23/04 09/21/04 09/12/06 09/02/08 09/02/04 09/02/08 09/02/04 09/02/08 09/02/09 3 Years 6 months 4 Years 6 months 4 Years 3 Years 'z =Ww ,ciee:�.; ^-..L..._ .-:-..:;:: s.,-assn:•..;,,:ssssas'a:x ;�c:......, Thursday, September 14, 2006 Page 1 of 2 Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Russell Berghuis 03/23/04 09/02/04 6 months 6202 Shadowood Circle 417 -5118 09/21/04 09/02/08 4 Years Naples, FL 34112 E -Mail: District: 1 Category: Non - Affiliated Mr. Richard Schmidty16n 07/26/05 2786 Orange Grove Trail y1,6) 3543490 Naples, FL 34120 E -Mail. rschmidtl956 @earthiink.net District: 5 Category: ALTERNATE - Non - Affiliated Mr. Tony Marino 729 Regency Reserve Circle, #5503 Naples, FL 34119 E -Mail. District: 3 Category: Affiliated Mr. Randall R. Smith 9120 The Lane Naples, FL 34109 E -Mail: rsmith@nttdestination.com District: 2 Category: Affiliated Mr. Thomas W. Lugrin 2102 Morning Sun Lane Naples, FL 34119 E-MaU. dolphincareyfl@aol.com District: 3 Category: Affiliated 593 -5567 353 -7036 262 -1914 513 -0501 530 -0100 566 -3367 03/23/04 09/21/04 03/23/04 09/21/04 09/12/06 09/02/08 09/02/04 09/02/08 09/02/04 09/02/08 09/02/09 3 Years 6 months 4 Years 6 months 4 Years 3 Years 'z =Ww ,ciee:�.; ^-..L..._ .-:-..:;:: s.,-assn:•..;,,:ssssas'a:x ;�c:......, Thursday, September 14, 2006 Page 1 of 2 Agenda Item No. 9D January 23, 2007 Page 5 of 8 Public Vehicle Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term W. Reg Buxton 11806 Quail Village Way Naples, FL 34119 E Mail: rawbii@aoi.com District: 3 Category: Non - Affiliated 572 -0051 07/26/05 09/02/09 4 Years 514-2371 This 5 member and 1 alternate member was created by Ord. No. 86-4, re- established by Ord. 91- 93, amended by Ord. 93 -15 and Ord. 95-56 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91 -93. Membership consists of no more than 3 members who hold Certificates to Operate a motor vehicle for hire company in Collier County and no fewer than 2 and the remainder of the members are in no way affiliated or associated with any holder of a certificate. On 12/11/01 Ord. No. 2001 -75 amending Ord. 95-66, Sec. 142-30 (b) states: The PVAC shall consist of five members and one alternate member. Not less than two nor more than three members shall be holders of certificates of public convenience and necessity to operate a motor C_ vehicle for hire business and not less than two nor more than three members shall be individuals who are in no way affiliated or associated with any holder of a certificate of public convenience and necessity. Terms are 4 years. FL STAT Staff. Michelle Arnold, Code Enforcement Director. 403 -2413 Thursday, September 14, 2006 Page 2 of 2 Agenda Item No. 9D JANIWOT 9WD02 Page 6 of 8 MEMORANDUM DATE: January 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners 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. Also, please list the commission district in which each applicant resides. PUBLIC VEHICLE ADVISORY COMMITTEE,', -- COMMISSION DISTRICT Steven M. Quinn 500 Botanical Place circle, #303 ✓�`°� 3 // taples, FL 34112 )112 m�� Thank you for your help. 2 ,,0 �j�� C4 1 Agenda Item No. 9D January 23, 2007 MEMORANDUM Page 7of8 DATE: January 2, 2007 TO: Michelle Arnold, Code Enforcem t for FROM: Sue Filson, Executive Manager ' Board of County Commission RE: Public Vehicle Advisory Committee 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 an application for consideration. I have attached the applications received for your review as follows: Steven M. Quinn 4500 Botanical Place circle, #303 Naples, FL 34112 Please let me know, in writing within the 41 day time -frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application filson_s From: stevequinn5D@hotmail.com Sent: Friday, December 29, 2006 3:06 PM To: filson_s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/29/2006 3:06:00 PM. Name: teven M ui Home Phone: 39-403 -090 Home Address: 500 Botanical Place Circle #303 City: ale Zip Code: 411 Phone Numbers Fax: 39- 793 -502 Business: 39- 825 -6753 e-mail Address: evequinn50(a),hotmail.com Work Place: SunTrust Bank How long have you lived in Collier County: Have you ever been convicted of any offense against the law? I Are you a registered voter in Collier County? Board / Committee Applied for: JPublic Vehicle Advisory Committe Category: Not indicate Do you currently hold public offfice? I Do you currently or ever served on a Collier County Board or Committee? Page 1 of 1 Agenda Item No. 9D January 23, 2007 Page 8 of 8 'lease list your community activities: [ am the President of the Naples Gators Youth Football League. We provide youth football and - heerleading to over 400 boys and girls of Collier County. Education: S in Speech Communication from Valley City State University, Valley City, ND 1990. 12/29/2006 Agenda Item No. 9E January 23, 2007 EXECUTIVE SUMMARY Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to a 2 year term, expiring on December 31, 2008, to the Ochopee Fire Control District Advisory Committee. CONSIDERATIONS: The Ochopee Fire Control District Advisory Committee had 2 terms expire on December 31, 2006, representing the Copeland and Chokoloskee. This 5 member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Terms are 2 years. A list of the current membership is included in the backup. The terms for Kent L. Omer, Sr. and Mitchell A. Roberts expired on December 31, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Mitchell A. Roberts- Copeland 5 Yes Ochopee Fire Control District reappt I Advisory Committee COMMITTEE RECOMMENDATION: Mitchell A. Roberts ATTENDANCE: Mr. Roberts has 1 excused absence since October 2005. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9E January 23, 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9E Item Summary: Appointment of member to the Ochopee Fire Control District Advisory Committee. Meeting Date: 112312007 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 102007 4:52:58 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111612007 6:28 PM Commissioners P.2 Jan 04 07 10:07a Agenda Item No. 9E January 23, 2007 Page 3 of 8 COLLIER COUNTY BUREAU OF EMERGENCY SERVICES RE�EIVI.D OCHOPEE FIRE RESECUE JAN 114 2007 . VM6 E t t Tasniami 7'ail • 06wpee. 11cbda 34 141 • 239-6`45-4114 a VAX 239 093 - ? +1 � Board of (nanty —ommissiuners w..,.a.n,wir, rs..K�� MEMORANDUM Date: December 11, 2406 To: Sue Filson, BCC From: The Chairman, Oehopee Fire Control District Advisory Board Subject: Recommendation to re- appoint Mitchell Roberts to the OFCD Advisory Board At the regular meeting of the Ochopee Fire Control District Advisory Board held on December 11, 2006, Mitchell Roberts was recommended for re- appointment to the advisory board per its members. Sincerely, Kent Omer, Chairman Ochopee Fire Control District Agenda Item No. 9E January 23, 2007 Page 4 of 8 Ochopee Fire Control District Advisory Committee Nance Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Joseph L. Dillon 02/28/06 12/31/07 2 Years 129 Wilderness Cay 642-8866 Naples, FL 34114 E -Mail: DillonPOI@earthlink.net District. 5 Category: Port of the Islands Mr. Kent L. Omer, Sr. ,j r'erQ P.O. Box 659 P Chokoloskee Island, FL 34138 E Mail: District: 5 Category. Chokoloskee 01/07/97 12/31/98 695 -3546 12/14/04 12/31/06 Councilman McBeth Collins 695 -3781 09/12/06 z P.O. Box 110 F Everglades City, FL 34139 E -Mail: dsmallwood @cityofeverglades.org District: 5 Category: Everglades City Council W. Mitchell A. Roberts P.O. Box 14 (350 Old Train. Lane) Copeland, FL 34137 E -Mail: District. 5 Category: Copeland Mr. John L. Pennell P.O. Box 513 Everglades City, FL 34139 E-Mail: jlpennell @earthlink.net District: 5 Category: Plantation Island 293 -3100 12/31/07 06/28/05 12/31/06 12/14/99 12/31/01 695 -4491 01/10/06 12/31/07 Thursday, September 14, 2006 Page I of 2 2 Years v 2 Years 1 Year 1.6 Years `l 2 Years 2 Years (� Ochopee Fire Control District Advisory Committee Agenda Item No. 9E January 23, 2007 Page 5 of 8 Name Work Phone AppPd Exp. Date Term Home Phone DateRe -appt 2ndapDate 2nd Term This 5 member committee was created by Ord. No. 89 -98 to advise the Board of County Commissioners on the operations and budget of the Ochopee Fire Control District Members must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, 1 member from Everglades City (appointed by the Mayor), 1 member from Plantation Island, 1 member from Chokoloskee, 1 member from Lee Cypres (Copeland) and 1 member from Ochopee. Terms are 2 years. Ochopee Fire Control District - 695 -4114 Amended by Ord. No. 89 -98 FL STAT 125.01 Staff Chief Paul Wilson, Ochopee Fire Department: 695 -4114 - :- r.��.e2ea�.�� -. ear_zx.� — ,rsecrcrr.�rc=- ,�.c.msu-z -:yes ,. Thursday, September 14, 2006 Page 2 of 2 Agenda Item No. 9E January 23, 2007 Page 6 of 8 MEMORANDUM DATE: November 17, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager ` Board of County Commissioners 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. Also, please list the commission district in which each applicant resides. OCHOPEE FCD ADVISORY COMMITTEE Mitchell Roberts - P.O. Box 14 (350 Old Train Lane) Copeland, FL 34137 Thank you for your help. COMMISSION DISTRICT 5 Agenda Item No. 9E January 23, 2007 MEMORANDUM Page 7of8 DATE: November 17, 2006 TO: Chief Paul Wilson Ochopee Fire Control District FROM: Sue Filson, Executive Manag Board of County Commission ' RE: Ochopee Fire Control District Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Mitchell Roberts P.O. Box 14 (350 Old Train Lane) Copeland, FL 34137 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9E January 23, 2007 i Page 8 of 8 � Board of County Commission 3301 East Tamiami Trail ' 2006 Naples, FL 34112 'oa,d °T caun;} nom (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees /Boards Name: /,0'/ TGf� LL Home Phone: a'3 9 -�'3 q -`3 /Od Home Address 'P'6 1D aCa 71°A7N 4"0 `R p Code• 7`OD Fax No. Business Phone: % r 96CO e-mail address: �'�T1Qy €'�¢cs�aC? jry1` Place of Employment: COL L- i E'e Cam' R Lie Sc He)oL 5 Board or Committee Applied for: Category (if applicable): -D v i S6R l cemm / r� Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years / 7 Months �- Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes No If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No If yes, explain: X Do you now serve, or have you ever served, on a Collier County board or committee? Yes No If yes, please list the committees/boards: G 09"A r �/ir7PE6 �1 �' i Ytia1 R�/ Car Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: e! 4#AJD G l L 14 5 Soc'//47� 4 A.) 8&IAZ /771r-:%77 &-)EW - Education:- B2914 �r 6ZOl , A*477} , t441D - ,PC7/kg-- 64'N77X°soL 7,w7,-feK - Please attack any additional information you feel Pertinent This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. !f you wish, Please fax your aWlkwdOn to (239)774 -3602 or e-mail to suetiibon6k)colliereov.net. Thank you for volunteering to serve the citizens of Collier County. Agenda Item No. 9F January 23, 2007 EXECUTIVE SUMMARY Page 1 of 15 APPOINTMENT OF MEMBER(S) TO THE BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term expiring on May 22, 2007, plus a full 2 year term to expire on May 22, 2009 to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS: The Bayshore /Gateway Triangle Local Redevelopment Advisory Board was created by Resolution 2001 -98 on March 27, 2001 to review the Redevelopment Plan, to make recommendations to the Community Redevelopment Agency, to receive input from members of the public interested in their respective component areas and to report such information to the Community Redevelopment Agency. Resumes will be accepted from all interested parties, including Bayshore residents, Gateway Triangle residents, Bayshore business owners, Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners, Bayshore MSTU representatives, and at large representatives who reside or engage in business or both in the Bayshore /Gateway Triangle Component Redevelopment Area. A person who "engages in business" means an individual owning real property or a business, practicing a profession or performing a service for compensation or serving as an officer or director of a corporation or other business entity so engaged. Consideration will be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development, planning or design and building construction. Terms are 2 years. A list of the current membership is included in the backup. Ms. Rochelle Doepke resigned on November 6, 2006. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sharon Kennedy Does not meet criteria. 3 Yes None William Conrad Wilkomm At -Large 4 Yes None Cloe Renee Waterfield At -Large 4 Yes None Bruce S. Prelble At -Large 4 Yes None COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE Bruce S. Prelble, term expiring May 22, 2009 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 confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9F January 23, 2007 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9F Appointment of member to the Bayshore /Gateway Tnangle Local Redevelopment Advisory Item Summary: Board. Meeting Date: 1/23/2007 9.00'.00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 10213,07 4 :52:59 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1!1612007 6:39 PM Commissioners Agenda Item No, 9F January 23, 2007 THE BAYS HORE /GATEWAY TRIANGLE REDEVELOPMENT AREJ?age3of15 COMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4436 January 4, 2007 GRA eo<ro Memorandum Commitisioner Jarries N. CoWAa TO: Collier County CRA Board Commissioner Fred W. Coyle SUBJECT: Appointments Commissioner Donna Fiala The Bayshore /Gateway Triangle CRA Local Advisory Board met COf"'Tiss1Oner Wednesday January 3, 2007 and conducted applicant interviews. Frank Hales The Advisory Board recommends approval of the following Commissioner Hen" person for appointment to the Bayshore Gateway Triangle Local Advisory Board in the following category: Advisory Board NAME CATEGORY Bid Neal Bruce Preble At Large Chatrman "`811'' Applicants not selected: Ron Fowls NAME CATEGORY Rod cam Cloe Waterfiield At Large Chuck Gunther William C. Wilkomm At Large Ste" Main *Sharon Kennedy At Large William Mears *Does not own property or operate business within CRA undseyThomas boundaries cw►stan Respectfully submitted for the Advisory Board, David L. Jackson / /S // Executive David Jackson Director Executive Director Jean Jourdan Project Manager Jon Ogle Project Manager THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FACSIMILE 239.775.4456 Agenda Item No. 9F January 23, 2007 Page 4 of 15 ^ Bayshore /Gateway Triangle Local Redevelopment Advisory Board Mr. Charles H. Gunther 774- 6662 04/30/02 05/22/04 2448 Bayside Street 774 -6e62 04/25/06 05/22/08 Naples, FL 34112 E Mail: FLGunther @comeast.net District: 1 Category: Gateway Resident/Busmess Mr. William C. Mears 04 /30/02 05/22/04 3804 Clipper Cove Drive 774- 7747 04 /25/06 05/22/08 Naples, FL 34112 E -Mail: wcmearsl@comcast.net District: 4 Category: Bayshore Resident/At Large Mr. Stephen C. Main 15 Newbury PI Naples, FL 34104 E -Mail: gsmservice@earthlink.net District: 3 Category: Bayshore Business Mr. Bill L. Neal 4800 Yacht Harbor Drive, #822 Naples, FL 34112 Entail: District: 4 Category: MSTU Member 774 -0222 05/24/05 05/22/07 455 -2459 05 /22/01 05/22/03 774..6325 05/24/05 05/22/07 Wednesday, June 21, 2006 Page 1 of 3 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years Work .Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Karen L. Beatty 261 -2244 09/21/04 05/22/06 2 Years 3113 Basin Street 775 -5385 04/25/06 05/22/08 2 Years Naples, FL 34112 E -Mail: klbeatty48@aol.com District: 4 Category: Bayshore Resident Mr. Charles H. Gunther 774- 6662 04/30/02 05/22/04 2448 Bayside Street 774 -6e62 04/25/06 05/22/08 Naples, FL 34112 E Mail: FLGunther @comeast.net District: 1 Category: Gateway Resident/Busmess Mr. William C. Mears 04 /30/02 05/22/04 3804 Clipper Cove Drive 774- 7747 04 /25/06 05/22/08 Naples, FL 34112 E -Mail: wcmearsl@comcast.net District: 4 Category: Bayshore Resident/At Large Mr. Stephen C. Main 15 Newbury PI Naples, FL 34104 E -Mail: gsmservice@earthlink.net District: 3 Category: Bayshore Business Mr. Bill L. Neal 4800 Yacht Harbor Drive, #822 Naples, FL 34112 Entail: District: 4 Category: MSTU Member 774 -0222 05/24/05 05/22/07 455 -2459 05 /22/01 05/22/03 774..6325 05/24/05 05/22/07 Wednesday, June 21, 2006 Page 1 of 3 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years Agenda Item No. 9F January 23, 2007 Page 5 of 15 Bayshore /Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exly. Date Term Home Phone DateRe -appt 2nd&pDate 2nd Term Mr. Ronald A Fowle 774.4400 06/26/01 05/22/03 2 Years 2595 E. Tamiami Trail 05/24/05 05/22/07 2 Years Naples, FL 34112 E-Mail: ronkybrie@,aol.com District. 1 Category: Tamiami Tram Business Owner Ms. Rochelle Doepke r e a� 7091 Marconi Court fi,(p' Naples, FL 34114 E-Mail: seachell2@hotmail.com District: 5 Category: At -Large Mr. Lindsey James Thomas 1925 Sixth Street South Naples, FL 34102 Q - E -Mail: volant@sprinftnail.com District. 4 Category: Davis Boulevard Area Mr. Rodney J. Garner 3024 Round Table Court Naples, FL 34112 E -Mail: District: 1 Category: At -Large 877 -1722 530 -7121 2548822 261 -4033 775.7637 643 -1007 06/20/06 04/25/06 01/11/05 01/11/05 C Wednesday, June 21, 2006 Page 2 of 3 05/22/07 05/22/07 05/22/05 05/22/07 1 Year 1 Year 4 mo. 2 Years Agenda Item No. 9F January 23, 2007 Page 6 of 15 Bayshore /Gateway Triangle Local Redevelopment Advisory Board Work Phone Appt'd Eap. Date Term Name Home Phone DateRe -appt 2ndF.xpDate 2nd Term On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000 -82 and 2000 -83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway Triangle and Immokalee) as areas in need of redevelopment. in addition, Resolution 2000 -83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redevelopment plan. The CRA adopted Resolution 2001 -98, which included a set of bylaws for the Bayshore/Gateway Local Redevelopment Advisory Board. On 6/13103 the CRA Board adopted Resolution 2003.217 revising the membership to add 2 members for a total of 9 members; 3 can be at -large in district. FL STAT Staff David Jackson, CRA Executive Director. 643 -1115 �- Wednesday, June 21, 2006 Page 3 of 3 MEMORANDUM DATE: December 8, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9F January 23, 2007 Page 7 of 15 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. BAYSHORE/GATEWAY CRA COMM COMMISSION DISTRICT Sharon Kennedy 1445 Tiffany Lane, #205 Naples, FL 34105 3 William Conrad Wilkomm 4108 Cindy Avenue Naples, FL 34112 Cloe Renee Waterfield 2432 Lake Avenue Naples, FL 34112 Bruce S. Prelble 4703 Lighthouse Lane Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: December 8, 2006 TO: David Jackson, Executive Director Bayshore /Gateway Triangle CRA FROM: Sue Filson, Executive Manager Board of County Commission RE: Bayshore/Gate Triangle Local Redevelopment Advisory Board Agenda Item No. 9F January 23, 2007 Page 8 of 15 As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Sharon Kennedy 1445 Tiffany Lane, #205 Naples, FL 34105 William Conrad Wilkomm 4108 Cindy Avenue Naples, FL 34112 Cloe Renee Waterfield 2432 Lake Avenue Naples, FL 34112 Bruce S. Prelble 4703 Lighthouse Lane Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8047. Thank you for your attention to this matter. SF Attachments Rpr 04 06 07:14a Agend -a'l ern No. 9F January 23, 2007 R EC L�IVEo 5 Board of County Commissioners DEC 0 5 20M 3301 Fast Tamtami Trail t Naples, FL 34112 ounty Commissioners (239) 774 -8097 Fax: (239) 7743602 �? Application for Advisory Committees /Boards Name:_ - S k+Ar2Ofyt dome Phone: 5 S - zo 3Z Nome Address. Lyy S -n qtr &tjy 1 w 3t ZUS Zip Codr._3W 10.1:6 Fax No.2%2 -7'723 Business Phone: e' 9f j .nogg a -moil address: hnruTO .GOm Business: RE- TQZ - Jo44At FZ !10 nF om NEW NE�� Ct V t si'o I N C- Board or Committee Applied for: C- r10 :>V 1 3 Y Category (if applicable):— Lhf2 r_>^ 1, / EsamplN Cemmiraion District, Developer, erviroarrsentRntt, lay person, etc Are you a registered voter in Collier County: Yes ✓ No Do you currently huld public otYce? Yes No ✓ Ilse. What is That office? Do you now serve, or have you ever served, as a Collier County board or commince? Yes No ✓ Ifyes, please tist tht commiticesiboards: Please list our community activities civic clubs, positions held- 19 t1' _ ( _ bs, neighborhood associations etc. and 1c sT FUIICXIr3yLS - - - •T a n = M ML] ts.l l t 1` t= i t Education: k " " � ��— -v1 - t- OPME.JS"i GLAI%= a F=" G t-rr p�'zTl>�IV i aT Experience: a :I• Mease gawk any rdddiatat igJirrWior you jeel prrlirtrnt This apphkonvrr should 6e jowuarded le Sue M", &erudPw V&mWrr it pre Board ofCouah• Cowrnissitnrrs, 3301 ENV TamtrNil Troi6 'vaples. Ft; 34115. Ifyoa wjs* plrme far your opptleaton to { X39) T% d- i601or &#wUtorurfrlromL:,s:lfrren�. lad Theakyow for rviunteenrrylrsmv the ciigmPfCoAferCoung. • Advisory Board Application filson s From: conradi,willkommiaw.com to Sent: Thursday, November 30, 2006 4:30 PM To: filson s _1% Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 11/30/2006 4:29:42 PM. Name: William Conrad Willkom Home Phone: V239)39832 Home Address: 108 Cindy Avenu City: ale Zip Code: 411 Phone Numbers Fax: 239 262603 Business: 239 2625303 e -Mail Address: onradAwillkommlaw.co Work Place: [Law Office of Conrad Willkomm, P.A. How long have you lived in Collier County: ore than 15 Have you ever been convicted of any offense against the law? Ed Page 1 of 1 Agenda Item No. 9F January 23, 2007 Page 10 of 15 Are you a registered voter in Collier County? Board / Committee Applied for: a shore /Gatewa Triangle Redevelopment Advisory Boar Category: t-lar Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? Please list your community activities: 03ayshore Cultural Arts Board of DirectoiA Education: Naples High School Graduated 1996 University of Florida Graduated 2000 University of Miam% chool of Law Graduated 2003 11/30/2006 0 • Collier County: Advanced Components: Forms: Reporting: Edit Voter Answers 1 of 4 Advanced Components: Forms: Reporting: Edit Voter User: Sue Filson [Reset Password) Answers Back graphical report I text fields entries I cross tabulation I data export Submission information Submitter DO ID: ASP.neVs user name: Submitter`s Email IP address : Submission recorded on Time to take the survey Edit answers 196 Disabled Anonymous 68.54.60.33 11/17/2006 11:55:44 AM 29 minutes, 26 secs. Switch to submitter's answers read only mode Page 1 Clear page answers Clear question answers Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -6097 or email to suefilson @coiliergov.net Clear question answers Your Name: (Please type your name as it appears on your voters registration) Cloe Renee Waterfield Clear question answers Home Address 12432 Lake Ave Clear question answers City Naples Clear question answers ZIP Code 34112 Clear question answers Home Phone (Ex. 239 - 555-5555) http:// www.colliergov.netIT'hirdPartyl Form/ NSurveyAdmin lEditVoterReporLaspx ?surve... 11/20/2006 Collier County: Advanced Components: Forms: Reporting: Edit Voter Answers Agenda Iagem No. 4 January 23, 2007 Page 12 of 15 305 - 677 -2468 Clear question answers Business Phone (Ex. 239-555 -5555) 239 - 248 -710�— Clear question answers Fax (Ex. 239 - 555 -5555) Clear question answers E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) Idoeessex@hotmall.com Clear question answers Place of Employment Turrell & Associates, Inc Clear question answers How long have you lived in Collier County? 5 - 10 Years Clear question answers Have you ever been convicted of any offense against the law? (' Yes ro No Clear question answers If yes, explain: Clear question answers Are you a registered voter in Collier County? Yes � No Clear question answers Board or Committee Applied for: http: / /www.colliergov.netIThirdPartyl Form/ NSurveyAdminfditVoterReport.aspx ?surve... 11 6 • • Collier County: Advanced Components: Forms: Reporting: Edit Voter Answers Bayshore /Gateway Triai Clear question answers Category (If Applicable): (Example: Commission District, Developer Environmentalist, Citizen At- large, etc.) Resident Clear question answers Do you currently hold public office? r Yes G No Clear question answers If yes, what office do you hold? Clear question answers Do you now serve, or have you ever served on a Collier County board or committee? Yes No Clear question answers If yes, please list the boards / committees: Clear question answers Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) ivities and interests, both personal and work related, have focused - environmental and marine pursuits although I have held no nal positions to date. These include sailing, diving, hiking and aking amongst others and I have participated privately and nigh clubs at universities. I would very much like to get more very and formally involved In our community through serving on a ird or association. Clear question answers Education: Page 3 of 4 Agenda Item No. 9F January 23, 2007 Page 13 of 15 http: / /www.colliergov.netfMrdPartyl Form/ NSurveyAdmin lEditVoterReport.aspx ?surve... 11/20/2006 Collier County: Advanced Components: Forms: Reporting: Edit Voter Answers 1 B.S. Marine Biology M.S. Marine Resource Development and Protection Currently enrolled in Ph.D. Program, University of East Anglia, UK. - Tourism Development and Climate Change Clear question answers Experience / Background: [ have worked in a variety of environmental capacities in coiner bunty, giving me a broad understanding of our region and its issues, from both the private, governmental and non -profit perspective. Work experience includes: The Conservancy of Southwest Florida in the education division; Rookery Bay National Estuarine Research Reserve as the Environmental Learning Center Manager; Turrell & Associates Inc., as an environmental consultant. My background includes growing up in a restaurant so I am familiar with the needs and constraints of small business owners and, Update answers © Copyright 2003 -2006, Vision Intemet Providers, Inc. J J Page 4 of 4 Agenda Item No. 9F January 23, 2007 Page 14 of 15 http: l/ www. colliergov .neV'rhirdPartylFonnIN SurveyAdminlEditV oterReport. aspx ?surve... 11/20/2006 print Form Ag u�mi iF1Qo I19F January 23, 2007 Board of County Commissioners Page 15 of 15 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees /Boards Name:—Bruce S. Prelble Home Phone: 239 -537 -5299 Home Address: 4703 Lighthouse Lane Zip Code: 34112 Fax No _239- 263 -4142_ Business Phone:_239- 261 -4744_ e-mail address:_bracep@welsbfLeom Business:_(1) Gallery on Fifth (East -West Fine Arts, Inc.) and (2) Welsh Companies Florida Inc. Board or Committee Applied fer:_Bayshore/Gateway Triangle Local Redevelopment Advisory Board Category (if applicable):_ "At Large" Example: Commission District, Developer, eaviroameotallst, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes _ If yes, please list the committealboards: No X No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: _BS Engineering Physics, Masters Business Administrations (MBA) , MS Nuclear Science & Engineering, Certification in Fine and Decorative Arts Appraisal, Licensed Florrda Real Esate Broker, CCIM (Certified Commerical Investment Member of the National Association of Realtors) Experience:_(I) Own and operate a retail business (three art galleries) in Naples and Estero for 6 years, (2) Commercial real estate broker in for 5 years in Lee and Collier County — currently Vice President -- Lee County for the Welsh Companies Florida Inc. primarily focused on leasing and brokerage activities in Cape Coral and Ft. Myers. (3) 25 years management consultant in strategic planning and market analysis. Please attach say - WWOnal WO—sad" you fed perdnewt This gVAm*w shmM be forwarded m .Ske F&##4 Eaxmdw Manager to the Board of Coanly C- w1d93i0ners, 3301 East Tandand Trail, Ngwcls FL 34112. If you wish, please fan your R/a� or a -+roil msaefilsorr(a co!liergo v. net Thank you for vWunteering to serve the citizens of Collier County. Agenda Item No. 9G January 23, 2007 EXECUTIVE SUMMARY Page I of 8 APPOINTMENT OF MEMBER(S) TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on December 31, 2008, to the Isles of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee had 1 term expire on December 31, 2006 This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms 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. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Thomas E. Decker I Resides within District I 1 I Yes I None COMMITTEE RECOMMENDATION: Thomas E. Decker FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9G January 23, 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9G Appointment of member to the Isles of Capri Fire Control District Advisory Committee. Item Summary: Meeting Date: 1/23/2007 9.0000 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11212007 4:52:59 PM Commissioners Approved By James V. Mudd Y Manager Count Mana g Date Board of County County Manager's Office 171612007 7:11 PM Commissioners ISLES OF CAPRI FIRE / RESCtIgaItem No. 9G r Paqe 23, 2007 3 of 8 Memorandum To: Sue Filson From: Chief Rodriguez Date: 01 -05 -07 Ref. Vote on New Advisory Board Member On January 4, 2007, the Isles of Capri Fire Advisory Board voted unanimously to recommend Mr. Thomas Decker for the slot to be vacated by Ms. Regina Day. If approved, Mr. Thomas Decker's term will expire on 12/31/08. 175 CAPRI BLVD • NAPLES, FLORIDA 34113 OFFICE: (239) 394 -8770 • FAX: (239) 394-5862 • wwW.CAPRIFIRE.NET Agenda Item No. 9G January 23, 2007 Page 4 of 8 Isles of Capri Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. William Rafeldt 11/28/06 12/31/08 2 Years 1308 Mainsail Drive, #911 389 -1209 Naples, FL 34114 E-Maik District: 1 Category: Resides within MSTU Mr. Joseph Langkawel 159 San Salvador Naples, FL 34113 E -Mail: ingkawel@comcast.net District: 1 Category: Resides within MSTU Mr. Kirk P. Colvin 163 San Salvador Street Naples, FL 34113 E -Mail: kirk@nicoProductions.aol District: 1 Category: Resides within MSTU Ms. Regina Day 163 Trinidad Street Naples, FL 34113 E -Mail. rdaymeet @aol.com District: 1 Category: Resides within MSTU vacant Naples, FL 34113 E -Mail: District. 1 Category: Resides within MSTU 389 -3698 642 -0157 642 -0157 393 -2103 389 -2198 12/13/05 01 /11 /05 Wednesday, November 29, 2006 Page I oft 12/31/08 12/31/07 12/31/06 12/31/05 2 Years 2 Years 2 Years Agenda Item No. 9G January 23, 2007 Page 5 of 8 r- Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date TOM Home Phone DateRe-appi 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 3945862 FLSTAT 125.01 Staff.- Chief Emilio Rodriguez, Isles of Capri Fire Depart: 394-8770 Wednesday, November 29, 2006 Page 2 oft Agenda Item No. 9G January 23, 2007 Page 6 of 8 MEMORANDUM DEC 11 AM11:11 DATE: December 8, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners ' 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. Also, please list the commission district in which each applicant resides. ISLES OF CAPRI FCD ADV COMM 6;p�, COMMISSION DISTRICT Thomas E. Decker 425 San Juan Avenue Naples, FL 34113 Thank you for your help. Agenda Item No. 9G January 23, 2007 MEMORANDUM Page 7of8 DATE: December 8, 2006 TO: Chief Emilio Rodriguez Isle of Capri Fire District FROM: Sue Filson, Executive Manager Board of County Commissioner ' RE: Isles of Capri Fire Control District Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Thomas E. Decker 425 San Juan Avenue Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time- frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments 1I/2012M 09:41 2393945862 • J ISLES OF CAPRI FIRE Board of County Commts0ob.ters 3301 Eat Tamiami Trail Naples, FL 34112 (941) 7744 097 Fax: ('941) 774 -3602 PAGE 02 Agenda Item No. 9G January 23, 2007 Page 8of8 Application for Advisory Committees/Boards . Home now: Tamr.4 � 'z 3l "� -�► v�G� Hame Address: �� ✓� �'' �` _ Zip Coda Wl.3 _ - Fa: No. Husiaocss Pbooe:. _ e -nail address • ecoow • x,er Buaintw Hoard or Commidlee Appiled for. La_' 6 r r �`' ~� Qdow Category (if applicable): k = *aper Cowlair:nr DUbiet, psrsfrpre, ae.in►.�pcsanel. lsy peraea, ale. Are y" a regh^rod voter is Calder Constr. Yes__2 , _No__� Do you cwnutly Mold public offee' Yet — No _ x_ If ^ abd iN that oM"? Do you now save, or bars r o ~ served, sa a CgSiw CewntY booed Or "Mmittso? Yea � Na if yea, }Nast Iist the asoaMtsoJbarrd2: Please list Your commattity activities (civic view, neipbberbood amellstjoss, etc. and positions bead: Education: Experience: Moot erllh 1114 p��I1N%JIS(e►IIIIf1e" JeaJ..• i�114►s�fi Fkk Wfie&N- x##W'f k fOf "cd 10 SAW +r ON, JET"Or Msporr to ^f Deem of GMab G�werisdewers,13a1 Eat rsw#ad r a0. Naples, FL 3s112 Ifla+ wQ:, ptmec foot Jarr �9N► ' ro (911)771 -3607 a C-Off N � 1jjM t Aeni p"W for ►sirwnry b aw Rt Mrr EMI �j CdYO Cerro• Agenda Item No. 9H January 23, 2007 Page 1 of 15 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LAND ACQUISITION ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to serve 3 year terms, expiring on February 11, 2009, to the Land Acquisition Advisory Committee CONSIDERATIONS: The Land Acquisition Advisory Committee has 3 terms expiring on February 11, 2007. This 9- member committee was created by Ordinance No. 2002 -63 and their primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco- tourism or environmental education. A list of the current membership is included in the backup. The terms for Mimi Wolok, Michael Delate and Marco A. Espinar will expire on February 11, 2007. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Pamela S. Mac'Kie See Spreadsheet Attached 2 Yes None Marco Espinar - reappt See Spreadsheet Attached 4 Yes Land Acquisition Adv Comm DSAC Michael Delate - reappt See Spreadsheet Attached 2 Yes Land Acquisition Adv Comm Habitat Conservation Comm Mimi Wolok-reappt I See Spreadsheet Attached 14 Yes I Land Acquisition Adv Comm COMMITTEE RECOMMENDATION: The reappointment of Marco Espinar Michael Delate Mimi Wolok ATTENDANCE: Marco Espinar — 1 excused absence and 1 unexcused absence Michael Delate — Perfect Attendance Mimi Wolok — 2 excused absences NOTE: If Pamela Mac'Kie is appointed, it is requested that she replace Michael Delate. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE Agenda Item No. 9H January 23, 2007 Page 2 of 15 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9H January 23, 2007 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9H Item Summary: Appointment of members to the Land Acquisition Advisory Committee, Meeting Date: 1!2312007 9.00 00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1/212007 4:52:59 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1114/2007 7:46 PM Commissioners Agenda Item No. 9H January 23, 2007 Page 4 of 15 y ,yniiil Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners Cc: Bill Lorenz, Director, Environmental Services Department From: Alexandra J. Sulecki, Coordinator, Conservation Collier Program Date: January 8, 2007 Subject: Recommendation for Conservation Collier Committee appointments On January 8, 2007, the Conservation Collier Land Acquisition Advisory Committee ( CCLAAC) met at their regularly scheduled monthly meeting and discussed the applications of four (4) persons to fill the upcoming vacancies for 3 terms due to expire on February 11, 2007 (1v4arco Espinar, Michael Delate and Mimi Wolok). All three currently serving members have applied to be re- appointed and one additional outside application (Pamela Mac'Kie) was received. After discussion, a motion was made and seconded by the CCLAAC to recommend that all 4 applicants be forwarded to the Board of County Commissioners in an order of preference, with sitting members preferred but acknowledging that Pamela Mac'kie is also qualified and could be appointed. Mr. Delate asked that if the Board considers appointing Ms. Mac'kie, that she be appointed in his place. This recommendation was based on the applicants stated qualifications. The motion and second were unanimously approved. Please find attached the following: • A table identifying how each of the five applicants met the qualifications required for service on the CCLAAC • A copy of the attendance records for 2005 for the members seeking reappointment • A listing of current CCLAAC Committee members and their term expiration status. Please advise should you need additional information. Environmental Services Department Community Development & Environmental Services Division LO h N LO 06 EN a) Z —cz 0 cz aCZ Q ° to E E E 0 U Z c g c 0 U c 0 CD O U m C C W W > a m � co c c 'a Li E z m � E c�a > g tic o� ai o 3 aca c C E O 3 > > c C C > > a 3 m w .;' .:: E c o m o � W � o ° • am 3 3 3 3 psa" m > p m ai m a co W � w aC) 3 3 3 3 $ $ w � Z O a Wa Z Z N M le _ r- LO a, o o� C5 O Z�jco E N a� O) � L cc LL ^^N C. Cc 4 0 w 0 0 N w U a U v M a y b N U u w 0 W � .moo •� b � Aaaawa :wawa u n e n CV • a w x z �aaaaa :aac.a 3 a„awwawa aaaw Ha :wwwa �^°owawawaa .ya 3 = U a 0. w w w w w a w m w = Q waw a. CA. a.w a WQaawa a� 3:� �a.aaw 3� aWa.aa.aa a,awa H o,,,aaaaww�aaaa a p q q A �z °r� �w�Q�titi¢ri V U u 0 .moo b n e n CV • a w x z u .5 u �n a Agenda Item No. 9H January 23, 2007 Page 7 of 15 Land Acquisition Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Willis P. Kriz 02111/03 02/11/06 3 Years 770 Waterford Drive, #303 732 -1982 02/14/06 02/11/09 3 Years Naples, FL 34113 E -Mail. wckriz @comcast.net District. 1 Category: Environmental/Ag/Civic Mr. Kevin G. Kacer 02114/06 02/11/09 3 Years 237 Palmetto Dunes Circle 775 -9700 Naples, FL 34113 E -Mail: District: 1 Category: Env /Conservation/Ecology/R.E./Land Appraisal&Mgmt Mr. Wayne Jenkins 2500 Jenkins Way Naples, FL 34117 E -Mail: wayjen2500 @msn.com District. 5 Category: Civic /Conservation Mr. Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 E Mail. District: 2 Category. Land Use Attorney 352 -3175 02/11/03 455 -8109 02/14/06 649 -6555 01/25/05 450 -2474 Mr. William H. Poteet, Jr.. 403 -3840 02/11/03 6180 Star Grass Lane 352 -6822 03/08/05 Naples, FL 34116 E -Mail: District. 3 Category: Ag/Business/Conservation/R.eal Estate Wednesday, February 15, 2006 Page l of 3 02/11/06 02/11/09 02/11/08 02/11/05 02/11/08 3 Years 3 Years 3 Years 2 Years 3 Years Agenda Item No. 9H January 23, 2007 Page 8 of 15 Land Acquisition Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Stan Weiner 02/14/06 02/11/08 2 Years 9881 Clear Lake Circle 591 -0316 Naples, FL 34109 E Mail: sweiner @swfla.rr.com District. 2 Category: Agricultural & Business /Civic Ms. Mimi Wolok 403 -9992 11/16/04 02/11/07 2 Years 1112 Trail Terrace Drive 403 -9992 Naples, FL 34103 E Mail: mwolok @peganet.com District: 4 Category: EnvironmentaVEcology /Conservation/RE & Land Aeq Mr. Michael Delate 947 -1144 02/11/03 02/11/04 1 Year 574 100th Avenue North 592 -9834 01/27/04 02/11/07 3 Years Naples, FL 34108 E Mail: mdelate @gradyminor.com District: 2 Category: Environmental/Civic/Conservation Mr. Marco A. Espinar 263 -2687 02/11/03 02/11/04 1 Year / 3880 Estey Avenue 01/27/04 02/11/07 3 Years a/ Naples, FL 34104 E -Mail. District. 4 Category: Environmental/Ag/Civic/Ecology Wednesday, February 15, 2006 Page 2 of 3 Agenda Item No. 9H January 23, 2007 Page 9 of 15 Land Acquisition Advisory Committee Name Work Phone Appt'd Eqp Date Term Home Phone DateR"ppt 2ndFxpDate 2nd Term The Land Acquisition Advisory Committee was created by Ordinance No. 2002 -63. This 9- member committee's primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco- tourism or environmental education. Terms: 3 Years FL STAT Staff. Alex Sulecki, Senior Environmentalist Specialist: 213 -2961 Wednesday, February 15, 2006 Page 3 of Agenda Item No. 9H January 23, 2007 Page 10 of 15 MEMORANDUM 77 r% DEC 11 Amil: ii DATE: December 8, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager .r Board of County Commission j 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. Also, please list the commission district in which each applicant resides. LAND ACQUISITION ADVISORY COMMITTEE COMMISSION DISTRICT Pamela S. Mac'Kie 300 Dunes Blvd., #404 Naples, FL 34110 Marco Espinar 3880 Estey Avenue Naples, FL 34104 Michael Delate 574 100t' Avenue North Naples, FL 34108 Mimi Wolok 1112 Trail Terrace Drive Naples, FL 34103 Thank you for your help. Agenda Item No. 9H January 23, 2007 MEMORANDUM Page 11 of 15 DATE: December 8, 2006 TO: Alex Sulecki, Environmental Serykices,L, FROM: Sue Filson, Executive Manager ' Board of County Commission RE: Land Acquisition Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Pamela S. Mac'Kie 300 Dunes Blvd., #404 Naples, FL 34110 Marco Espinar 3880 Estey Avenue Naples, FL 34104 Michael Delate S 74 100x` Avenue North Naples, FL 34108 Mimi Wolok 1112 Trail Terrace Drive Naples, FL 34103 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application filson_s From: pamm @bonitabaygroup.00m Sent: Wednesday, December 06, 2006 3:50 PM To: filson s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/6/2006 3:50:18 PM. Name: Pamela S. Mac'Kiel Home Phone: 39 -594 -905 Home Address: 00 Dunes Blvd. #40 City: ale Zip Code: 411 Phone Numbers Fax: 39- 390 -125 Business: 39- 390 -124 e -Mail Address: amm bonitaba ou .co Work Place: Oonita Bay Grou How long have you lived in Collier County: knore than 15 Have you ever been convicted of any offense against the law? I Are you a registered voter in Collier County? ®e Board / Committee Applied for: nervation Collie Category: Not indicat Do you currently hold public off ice? ollier County Commissio Agenda pe�edoot� January 23, 2007 Page 12 of 15 Do you currently or ever served on a Collier County Board or Committee? Yse Please list your community activities: I Education: .D. University of Mississippi, 198 12/6/2006 • 12/06/2006 23:41 9412636616 COLLIER ENVIRON CONS p i Agenda Item No 9H January 23, 2007 Page 13 pp Board of County Commissioners 3301 East Tamisttai Troll ", f Naples, FL 34112 (239) 774 -0"7 y Fax: (739) 774-3602 Application for Advisory Committees/Boards Name; j tr.42. Horne Photw,.Z"' -3 z-.2 7 Hon* Address: Q -e- Zip Code: Fax Noes ( 3 r 6 4/ .7 Phone -:-�� ' �taW �e -mail address: Place of Employment: C.-y!!� �s'�'N ✓;�Caw.+�r Vie— �S✓�� —.fie Board or Committee Applied for. <-- 402^ 494.- -lVS'7 Category (if applicable). .� re►fe Kx%w#ie CoI miWoa MwAc4 DeveMper, wviroaed my person, ete. How long have you lived is Collier County: Years �t� Months Are you a regi tered voter in Collier County: Yes Lr/ No Do you currently hold public oiliee? Yes No if so, what k that office? Have you ever been convicted of any offense agaalnst the Law? Yes No s•''� if yes, expf do: Do you now servo, or crave you ever sere 91mr County board or ntee? Yes No If yes, please lift the conwMitass/boards: ffG .I-M C %'�ft.�...ftl7�. _�i / /•"� i'' Please lb 1your community activitks (ci clubs, aelghborbood associatioas, etc. d posit s �� s F rue+. !• i/: s.— ricer - 4r4_ _1 M ,e SAeeg3.= «� r . TTLrF �•+PxD •I++ -45,e ► 4 Education' Preset AVRA R/q wifidosd byiorwwda, yea JiriPelNNSMi M I/p%l0/ m- a #hoed beforuw*4 WSW FA&M, Mrawire MSSwr to dre 1tM4 eCtrwryCewm mwx*% 3301 EAR 7awA wl rMK lrq * FL MIX !/r►N Wbk plertt /insYW 0PPh -pm to (23V)"4- ?fe! er a awd a P624 Mani Nea/es VFkag"r "a Arm dK cow" t/Cetar► Coma&, • Board of County Commissioners 3301 East Tamiand Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees/Boards Agenda Item No. 9H January 23, 2007 Page 14 of 15 01, M �� Nam: M, -, k 4c I -'N f� AC- Home phone: 5-7 z - 9 0 3 `f Hole Address: S7 / !c>O f` A. N Zip Code: 3,4 f d 2:3 Fax No. -747- 037 Business Phone: 9%47— ! N `f e-mail address: Place of Employment: .Board or Committee Applied for: L .,,I A A A.► E s o f Co — � 4 Category (if applicable): -- anjnpw comadoden Dlsui4 De.dww, a wk-mo "Dik lay perwa, ebe. Haw long have you lived in Collier County: Years Z to Months Are you a registered voter io Collier County: Yes ✓ No Do you currently hold public office? Yes No ✓ if sq what it fiat otYioe? Have you ever been convicted of any offense against the Law? Yes No ✓ u yes, ezpiala: Do you now serve, or have yon ever saved, an a Collier Corty board or comminee? Yes ✓ No H yes, please list the oa C, (1, t� � Y Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Aq s, 4t,s r"It ° Pleats eadk rey t�idewrl W.1rr.h�P %�* 4!�=M +� ik finm�al m SSas rlTisw, K Meswtaer fe. aireaon�iejCoruap C.owrwisaloesrs, 33p1 But Tnsisd 7htB,lv�pdet, P7:34112 Ifjwr �,P'�1�7� a 039) 774 360 ors -eaaffso 7unkyowJGr vobod wft so serge ov eidwm ofcem- c—xoI• FROM ' IOLOiL___ATTY FAX NO. :23"94039733 Nos,,. 21 2006 O%gettt Item No. 9H January23,.2007 Page 15 of 15 Board or County Commissioners 3301 East Tamiaml "frail a Naples, Ft. .34112 (239) 7748097 Fax: (239) 774 -3602 Application for Advisory Committees/Boards Namc: j t." 01 n k •, Home Phone: _`i3 q'? some Address: )));I T vt�, �) 'T�, e r . N�•#, %ip Code; 3 `i t U Fax No. LiD 3 !i 7 33 Business Phone: q 0 3 q t l-- e-mail address: r►1 us of a jc � ee�k�.tii�tk, i�'� Place of Employment: Board or Committee Applied for: Category, (if'applicabley, Is`�z f. '-Jo., K%smplm Commlodon District. Developer. cavironatehislist, try pww%9, etc. How long have you lived in Collier County: Vesm —7 Months q Are you it registered voter in Collier County: Yes t.-, No Do you currently hold public office? Yes No __- If go, what is that office? , Have you ever been convicted of any offense against the Low? Yes No ✓f If yes, Mlain• t Do you now gene, or have you ever served, on a Collter County board or eenunittee? Va o/ No If yda, please list the committeealboards:.__- r• e- v - Please list your community activities (civic clubs, noiAbberhood asltnciations, Of. and positions . .. _ -- - t-- 6 --.- 1 I t - Education;- T..v. M"'V amck any Wfowood Ififornotwo YOU few perawift TArte •ppttcaaar +MNtfd iia forwasdNt to Sac tea, !lice eudve Masaxer b toe soarA of Cawaq� Cerwiiwta,r�ere, 3387 ttaar Terwrbwt Tn6tt, NapJrn, F.t. 3t!!1. Yfyow svie>ti Arlemre fiwctertr eyiyJkallwr !a (2J9)i?,l -3603 or e-watt ap 77#wA you for w 1unererixg, in torwe 1AM eidtenr of touter Ciraw . Agenda Item No. 91 January 23, 2007 EXECUTIVE SUMMARY Page 1 of 7 APPOINTMENT OF MEMBER(S) TO THE PELICAN BAY SERVICES DIVISION BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 31, 2009. CONSIDERATIONS: This 1 I member Board was established by Ordinance 2002 -27, as amended, to provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in the Ordinance; recommend to the BCC an itemized budget, work programs, and priorities to the BCC in accordance with the adopted budget or budget amendments. The board will exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. A list of the current membership is included in the backup. Mr. Christopher F. Sutphin, representing Resident category, resigned on January 8, 2007. Ordinance 2002 -27, Section Eight reads: "Any member of the Committee who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status, Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a vacancy occurs by any other process, the Board of County Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person meeting the requisite qualifications as outlined herein: i) who continues to desire to be appointed and ii) who, in the immediately preceding recommendatory balloting received the greatest number of votes among the unsuccessful candidates vying for the position (i.e. "Residential interest" or "Commercial/Business /Other interest ") which has become vacant." Below is a list of the 3 unsuccessful applicants vying for the position in 2005 and the votes they received during the 2005 balloting process: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Mary Ann Womble Resident 2 Yes None Joan Sehdev Resident 2 Yes None Harry L. Coburn Resident 2 Yes None RECOMMENDATION: According to Ordinance 2002 -27, Mary Ann Womble is now eligible for appointment to fulfill the remainder of the vacant term. I contacted Ms. Womble and she is interested in fulfilling the remainder of the vacant term. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint Mary Ann Womble, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 91 Appomtrnent 0` member to the Pelican Bay Services Division Board_ 1123!2007 9.00.00 AM Agenda Item No. 91 January 23. 2007 Page 2 of 7 Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1111!2007 9:31:41 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1!12!2007 10:57 AM Commissioners _ Agenda Item No, 91 1�1 January 23, 200; Icon Page 3 of 7 From: J. Walter Cross [ JWatter .Cross@clerk.collier.fl.us] Sent: Monday, March 14, 2005 2:36 PM To: filsons Subject: RE: P_elican 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. Pelican Bay Ballot Count — March 14, 2005 1.) John J. Boland 1030 2.) Christopher Sutphin 976 3.) John Domenie 934 4.) Maurice James Burke 887 5.) Mary Aim Womble 576 6.) Joan Sehdev 424 7.) Harry L. Coburn 411 Total Residential Ballots mailed 6712 Number of Residential Ballots Returned 1495 Agenda Item No. 91 �~ January 23, 2007 Page 4 of 7 Agenda Item No. 91 January 23, 2007 Page 5 of 7 Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndEVDate 2nd Term Mr. Coleman J. Connell 566 -2145 02/14/06 03/31/10 4 Years 7024 Pelican Bay Boulevard 566 -2145 Naples, FL 34108 E -Mail: concol1@aol.com District: 2 Category: Resident Mr. David C. Nordhoff 03/25/03 03/31/07 4 Years ✓ 8420 Abbington Circle #B 11 594 -8420 Naples, FL 34108 E Mail. District: 2 Category: Resident Ms. Annette M. Alvarez 398 -1605 01/09/07 03/31/09 2 Years 2833 Inlet Cove Lane, W. 348-7065 Naples, FL 34120 E Mail: aalvarez @watersideshops.com District: 5 Category: Commercial/Property Mr. Maurice James Burke 05/22/01 01/29/05 4 Years 5801 Glencove Drive, #508 598 -3140 03/22/05 03/31/09 4 Years Naples, FL 34108 E -Mail: therightperson @msn.com District. 2 Category: Resident Mr. David J. Bramson 02/14/06 03/31/10 4 Years 353 Carlton Place 596 -0464 Naples, FL 34108 E- Afai1: davidbramson @earthlink.net District: 2 Category: Resident W -wins y, ...:i°.F':C..._..+Pi : ..- -0�0`1_k3F^.:..^"'�U'TA_._.. Wednesday, January 10, 2007 Page 1 of 3 Agenda Item No. 91 January 23, 2007 Page 6 of 7 Pelican Bay Services Division Board Name Work Phone Appt 'd Exp. Date Term Home Phone DateRe -appt 2ndEVDate 2nd Term Mr. John J. Boland 03/22/05 03/31/09 4 Years 8420 Abbington Circle, B15 594 -0131 Naples, FL 34108 E Mail: johnsusanboland@aol.com District: 2 Category: Resident Mr. Donald Spanier 04/22/03 03/31/07 4 Years 812 Pitchapple Lane 594 -2851 Naples, FL 34108 E Mail. District. 2 Category: Resident Mr. John Domenie 05/22/01 01/29/05 4 Years 749 Bentwater Circle #201 566 -3179 03/22/05 03/31/09 4 Years Naples, FL 34108 E Mail. johandomenie@aol.com District: 2 Category: Resident Mr. John laizzo 6573 Marissa Loop, 41 902 Naples, FL 34108 E Mail. District. 2 Category: Resident Mr. Ed Staros 753 Brentwood Point Naples, FL 34110 E Mail: ed.staros@ritzcarltomcom District. 2 Category: Commercial 03/25/03 03/31/07 4 Years 592 -0678 598 -6626 06/25/02 01/20/06 4 Years 596 -4561 02/14/06 03/31/10 4 Years Wednesday, January 10, 2007 Page 2 of 3 Agenda Item No. 91 January 23, 2007 Page 7 of 7 Pelican Bay Services Division Board Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 2nd Term Mr. Christopher F. Sutphin 596 -1351 05/22/01 01/29/05 4 Years 8720 Bay Colony Drive, #104 596 -1351 03/22/05 03/31/09 4 Years Naples, FL 34108 f,�J <Itit! el E -Mail: chris @cfsbbs.com _ c� District. 2 Category: Resident 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 determining 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 services, responsibilities and obligations from the Pelican Bay Improvement District On 11/3/98 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 5/28/02 the BCC 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. Terms will expire on March 31 Jay Cross, Executive Assistant to Clerk 732 -2725 On 01/24/06 BCC adopted Ord. 2006-05, amending 2002 -27 changing the name and appointment process, and including the restoration of the mangrove forest preserve to duties. FL STAT 125.01 Staff. Barbara Smith, Pelican Bay Services Division: 597 -1749 �_ Wednesday, January 10, 2007 _, _.._._. Page 3 oj3 Agenda Item No. 9J January 23, 2007 Page 1 of 27 EXECUTIVE SUMMARY REQUEST BOARD TO SET THE BALLOTING DATE FOR THE RECOMMENDATION OF MEMBERS TO THE PELICAN BAY SERVICES DIVISION BOARD BY RECORD TITLE OWNERS OF PROPERTY WITHIN PELICAN BAY OBJECTIVE: To set the balloting date for mail ballots for applicants seeking membership on the Pelican Bay Services Division Board. CONSIDERATIONS: This 11 member Board was established by Ordinance 2002 -27 as amended. 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 -term 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 David C. Nordhoff (resident), Donald Spanier (resident), and John Iaizzo (resident), will expire on March 31, 2007 and Christopher F. Sutphin (resident) resigned on January 8, 2007; Mr. Sutphin's term expires on March 31, 2009. A press release was issued and ,�. resumes were received from the following interested citizens: APPLICANT CATEGORY DISTRICT ELECTOR Martin S. Feins Resident 2 Yes George R. Metcalf, III Resident 2 Yes Robert A. Pendergrass Resident 2 Yes John Iaizzo Resident 2 Yes Anna M. Halikas Resident 2 Yes Theodore J. Raia Resident 2 Yes Donald Spanier Resident 2 Yes Michael Levy Resident 2 Yes Ordinance 2002 -27 states that the Board 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. "Residential or Commercial /Business /Other ") corresponding with the class for which the balloting is occurring ( "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. THE BALLOTING DATE RECOMMEDED BY THE CLERK IS: Friday, March 2, 2007 FISCAL IMPACT: NONE Agenda Item No. 9J January 23, 2007 Page 2 of 27 GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners set the balloting date as: Friday, March 2, 2007, and direct the County Attorney to prepare a resolution confirming the balloting date. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 23, 2007 Agenda Item No. 9J January 23, 2007 Page 3 of 27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 91 Item Summary: Request Board to set the balloting date for the recommendation of members to trio Pelican Bay Services Division board by Record Title Owners of property within Pelicar Bay. Meeting Date: 11231200- 9:0000 AM prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1111/2007 9:31:41 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1112!2007 11:17 AM Commissioners Page 1 of 1 Agenda Item No. SJ January 23, 2007 f�8O11_8 Page 4 of 27 From: J. Walter Cross [ JWalter .Cross@clerk.collier.fl.us] Sent: Thursday, January 11, 200712:12 PM To: filson s Cc: Sue M. Barbiretti; Wayne A. Fyffe Subject: Pelican Bay MSTBU Hi Sue, We have received the data file from the property appraiser's office and are in the process of checking it to see that everything is o.k. I have been told that this process will be finished late this afternoon or first thing tomorrow morning. If there are no corrupted files, I anticipate having the ballots ready to be mailed within 2 weeks, but certainly by the 30th. Allowing some room for unforeseen problems, I would suggest that the Board set a balloting date of Friday March 2, 2007. Any ballots received after that date would be considered invalid. The counting of the ballots would be done during the week of March 5th. The results would be ready for Board action at the BCC meeting of March 14th. Those individuals who were successful would be appointed at that time and begin serving at the next advisory board meeting. I believe that this fits within the timeframes of the ordinance and gives the process enough time to be completed. Please let me know what you found out regarding Ms Womble's decision. If you have questions, just call me. Thank you, J. Walter Cross Executive Assistant to the Clerk Collier County Cleric of Courts 1/11/2007 Agenda Item No. 9J January 23, 2007 Page 5 of 27 Pelican Bay Services Division Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndEVDate 2nd Term Mr. Coleman J. Connell 566 -2145 02/14106 03/31/10 4 Years 7024 Pelican Bay Boulevard 566 -2145 Naples, FL 34108 E -Mail. concoll@aol.com District: 2 Category: Resident Mr. David C. Nordhoff 8420 Abbington Circle #B 11 594 -8420 Naples, FL 34108 E -Mail: District. 2 Category: Resident 03/25/03 03/31/07 4 Years ✓ Ms. Annette M. Alvarez 398 -1605 01/09/07 2833 Inlet Cove Lane, W. 348-7065 Naples, FL 34120 E Mail: aalvarez @watersideshops.com District: 5 Category: Commercial/Property Mr. Maurice James Burke 05/22/01 5801 Gl D ' #508 598 -3140 03/22/05 encove nve, Naples, FL 34108 E Mail: therightperson @msn.com District: 2 Category: Resident Mr. David J. Bramson 353 C 1t Place 596-0464 ar on Naples, FL 34108 E Mail: davidbramson @earthlink.net District: 2 Category: Resident 03/31 /09 2 Years 01/29/05 4 Years 03131/09 4 Years 02/14/06 03/31/10 4 Years Wednesday, January 10, 2007 Page 1 of 3 Agenda Item No. 9J January 23, 2007 Page 6 of 27 Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. John J. Boland 03/22/05 03/31/09 4 Years 8420 Abbington Circle, B 15 594 -0131 Naples, FL 34108 E -Mail: johnsusanboland@aol.com District: 2 Category: Resident Mr. Donald Spanier 04 /22/03 03/31/07 4 Years 812 Pitchapple Lane 5942851 Naples, FL 34108 E Mail: District. 2 Category: Resident Mr. John Domenie 05/22/01 01/29/05 4 Years 749 Bentwater Circle #201 566 -3179 03/22/05 03/31/09 4 Years Naples, FL 34108 E Mail: johandomenie@aol.com District: 2 Category: Resident Mr. John Iaizzo 03/25/03 03/31/07 4 Years 6573 Marissa Loop, #1902 592 -0678 Naples, FL 34108 E -Mail: District. 2 Category: Resident Mr. Ed Staros 598 -6626 06/25/02 01/20/06 4 Years 753 Brentwood Point 5964561 02/14/06 03/31/10 4 Years Naples, FL 34110 E Mail.• ed.staros@ritzcarlton.com District: 2 Category: Commercial ._ C Wednesday, January ry l0, 2007 Page 2 of 3 Agenda Item No. 9J January 23, 2007 Page 7 of 27 Pelican Bay Services Division Board Name Work Phone Home Phone Appt'd DateRe -appt Exp. Date Term 2ndExpDate 2nd Term Mr. Christopher F. Sutphin 596 -1351 05/22/01 01/29/05 4 Years 8720 Bay Colony Drive, #104 -1351 03/22/05 03/31/09 4 Years Naples, FL 34108 n596 r�5i�h�Q E Mail. cMs @cfsbbs.com District: 2 Category: Resident 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 determining 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 services, responsibilities and obligations from the Pelican Bay Improvement District On 1113/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On April 11, 2000, the BCC adopted Orel. No. 2000 -22 reducing the membership from 13 members to 11 members. On 5/28/02 the BCC 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. Terms will expire on March 31 Jay Cross, Executive Assistant to Clerk 732 -2725 On 01/24/06 BCC adopted Ord. 2006-05, amending 2002 -27 changing the name and appointment process, and including the restoration of the mangrove forest preserve to duties. FL STAT 125.01 Staff. Barbara Smith, Pelican Bay Services Division: 597 -1749 _. x: .,. rl. -_:- . - .==2r Z: . Wednesday, January 10, 2007^ Page 3 of 3 Agenda Item No. 9J January 23, 2007 Page 8 of 27 MEMORANDUM DATE: January 8, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission } 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. Also, please list the commission district in which each applicant resides. PELICAN BAY SERVICES DMSION COMMISSION DISTRICT Martin S. Feins 806 Knollwood Court Naples, FL 34108 George R. Metcalf, III 8430 Abbington Circle, #C-34 Naples, FL 34108 Robert A. Pendergrass 7225 Pelican Bay Boulevard, #502 Naples, FL 34108 John Iaizzo 6573 Marissa Loop, #1902 Naples, FL 34108 a l Anna M. Halikas 783 Tramore Lane Naples, FL 34108 Theodore J. Raia 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Cq Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 A Agenda Item No, 9J January 23, 2007 Page 9 of 27 �. Michael Levy 6710 Pelican Bay Boulevard, #435 Naples, FL 34108 Thank you for your help. MEMORANDUM DATE: January 8, 2007 TO: Jay Cross, Executive Assistant to C k FROM: Sue Filson, Executive Manager Board of County Commissioners RE: PELICAN BAY SERVICES DIVISION BOARD Agenda Item No. 9J January 23, 2007 Page 10 of 27 As you know, we currently have 4 vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Martin S. Feins 806 Knollwood Court Naples, FL 34108 George R. Metcalf, III 8430 Abbington Circle, #C -34 Naples, FL 34108 Robert A. Pendergrass 7225 Pelican. Bay Boulevard, #502 Naples, FL 34108 John Iaizzo 6573 Marissa Loop, #1902 Naples, FL 34108 Anna M. Halikas 783 Tramore Lane Naples, FL 34108 Theodore J. Raia 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Michael Levy 6710 Pelican Bay Boulevard, #435 Naples, FL 34108 Agenda Item No. 9J January 23, 2007 Page 11 of 27 Jay, for your information, Mr. Christopher, representing Resident, resigned on January 8, 2007, increasing the vacancies from 3 to 4. Please adjust your ballot to accommodate this vacancy. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners Filson s From: martin feins [sonly0l @comcast.net) . Sent: Monday, January 08, 2007 11:08 AM To: filson s Subject: APPLICATION (2) Attachments: oledata.mso Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Page 1 of 2 Agenda Item No. 9J January 23, 2007 Page 12 of 27 Name: _Martin S Feins Home Phone: 598- 5049 •Home Address:-806 Knollwood Ct. Naples Zip Code: 34108 • Fax No. Business Phone:_n/a e-mail add ress:_sonly0l @comcast.net Place of Employment: Retired Board or Committee Applied for:–Pelican Bay Services Category (if applicable): fay person Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years-5 Months Are you a registered voter in Collier County: Yes _X No Do you currently hold public office? Yes No X If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No X If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the committeestboards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: none in Collier county 1/8/2007 Board of County Commissioners Page 2 of 2 Agenda Item No. 9J January 23, 2007 Page 13 of 27 Education:_B.A.Wesleyan University Middletown, . Conn. Experience: _40 years on Wall Street- Member NY Stock Exchange, American Stock Exchange, Chicago Board Option Exchange. Trustee of Trust Funds -New London, NH 9 years, New London NH representative to the NH/VT Solid Waste District -6 years Please &use* amy adadonal informs don you fee! perdue t Tkis appii adon should be forwarded to Sue Rhon, Executive Manager to the Board of County Commissioners, 3301 East Taaramd Trail, Napvks, FL 34112. Ifyou wish, please fax your application to (239) 774 -3602 or e-mail to suefMson@colliergov. net Thamk you for volunteering to serve the citizens of Collier Coaary. • 1 1/8/2007 Board of County Commissioners aae Agenda age �� ofi January �t23, 2007 fiISOn_S Page 14 of 27 From: Beverly & George [bevgeo.met @gmail.coml • Sent: Saturday, January 06, 2007 8:14 AM To: filson s Subject: Pelican Bay Services Div APPLICATION.doc Attachments: image001.wmz; image003.wmz; oledata.mso • Sue Filson, Executive Manager, BCC Below you will find my application for a position on the Pelican Bay Services Division. If you need further information please contact me. George Metcalf Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees /Boards Name: George R. Metcalf III Home Phone: 239 -594 -2902 Home Address: 8430 Abbington Cir. #C -34 Zip Code: 34108 Fax No. 239 -594 -2903 Business Phone: 239 -594 -2903 e -mail address: bevgeo.met @gmail.com Place of employment: Retired Board or Committee Applied for: Pelican Bay Services Division Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. 0 How long have you lived in Collier County: Years 14 Months 6 Are you a registered voter in Collier County? Yes Do you currently hold public office? No 1/8/2007 1 Board of County Commissioners Agenda M ?J a 91 January 23, 2007 Have you ever been convicted of any offense against the Law? No Page 15 of 27 Do you now serve, or have you ever served, on a Collier County board or committee? No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 1) I have been an active volunteer Mediator in the State of Florida for 14 years. Most of this has been in the area of small claims. 2) My wife (Beverly T. Metcalf) and I have been a member of the Naples Sailing & Yacht Club for 14 years where I served as Secretary of the Board for 4 years, and we also belong to the Imperial Golf Club. 3) 1 have been a board member of the Crescent (where we have resided for the last 9 1/2 years) for 8 years and currently serve as Board President. Education: Penn State and Gannon Univ. in Erie PA Experience: My business career was in the foundry industry in Erie, PA. for 29 years. I was President and CEO of The EMI Corporation for the last 18 years, retiring in 1989. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (239)774 -3602 or e-mail to suefilson @colliergov.net. Thank you for volunteering to serve the citizens of Collier County. 1/8/2007 • LJ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees/Boards Name: Robert A Pendergrass Agenda Item No. 9J January 23, 2007 Page 16 of 27 Home Phone: 239 597 3542 Home Address: 7225 Peliccan Bay Blvd #502 Zip Code: 34108 -5521 Fax No.775 703 5402 Business Phone _239 216 4333 (cell)_ a -mail address:_robpender @ comcast.net Place of Employment: retired Board or Committee Applied for: PBSD Board Category (if applicable): Example: Commission District, Developer, eovirooaaentanst, lay leis, etc. How long have you lived in Cofer County: Years -5 Months 1 Are you a registered voter in Collier County: Yes_X No. Do you currently hold public office? Yes No X If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No X If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the committeestboards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Currently Captain of 3 Pelican Bay tennis Previously captain of many tennis teams Education: Cornefl Chem Engineer (masters) Cornell MBA Experience: US Navy Officer Viet Nam vet (2 years) General Manager of various Raychem Divisions in Europe (20 years) Group Sales & Marketing Director of Domino Printing (A UK Company) Consultant toDomino Printing (8 years) (I have an extensive resume also sent to Jim Burke) P"— attach any adl ho ' - farn -&— yore fed pa►a,.ftU This sAosarld bt forwr�r►io Sue Fttaa., F.rearifvc Mant$er to the Board of Couaty Conwassionem 3301 Fast Tw marni Trag Nqles FL 34112 Ifyou wish, please f,, yarn qp&,s Vn to (139) 774 -3602 or e-pnw to suerlsolacollierQOV. net Thank you for volunteving to serve the dtkem of C Fier County, Aaenda Item No. 9J January 23, 2007 Robert A. Pendergrass page 17 of 27 • 7225Pelican Bay Boulevard, Coronado 502, Naples FL, 34108 -5521, USA Telephone 239 597 3542 Cellphone 239 216 4333 robpender@comcast.net Marketing/General Business Consulting: An accomplished international business leader with a proven track record in many countries. A qualified Engineer and MBA with the ability to develop business strategies, manage or assist a variety of managers to implement action plans and deliver profitable results. Experienced practitioner of quality management committed to training and developing staff. An enthusiastic natural leader, motivator and builder of multinational teams with an open management style Successful record of marketing and increasing sales for a wide range of products in many countries Pioneer and developer of opportunities into commercial success Continuous record of initiating, leading and motivating multinational organisations CAREER INDEPENDENT CONSULTANT 19% - present Trainine consultant (2004 -2005) • Develop and present Marketing and CRM programs for North American boat dealers Interim Sales & Marketins Manager (1996 — 20041 -- • Four month assignment with Domino Chinese Joint Venture serving as Sales & Marketing manager for the JV which I established • Multi year assignment with Domino Germany developing and implementing market strategy for Germany • Continued assignments for Domino (world wide) and Shepherd Chemical Co. (Cincinnati, OH)as a CRM (Customer Relationship Management) specialist DOMINO PRINTING SCIENCES 1993 -1995 Domino is a multinational high tech company based in Cambridge employing 1000 people world -wide with sales of $150 million. Domino is a world leader in the design, manufacture and sale of industrial ink jet printers for high speed, variable text, non - contact industrial printing for a wide variety of industries such food, pharmaceutical, automotive and commercial printing. Group Sales & Marketiny Director Cambridge, W 1993 -1995 Responsible for Direct Sales Management of various regions and establishing a Group Marketing Function Achievements: • Recognized the need to increase efforts in Asia; consequently recruited and developed personnel, and implemented business plans to achieve sales growth in excess of 30% in the region • Established a Joint Venture in China to sell, distribute, service and manufacture Domino's products in China • Created a Group Product Marketing by assembling and recruiting a team of professionals • Helped improve the environment for Quality by pushing for continuous improvement based on a company -wide Customer Satisfaction Survey Agenda Item No. 9J January 23, 2007 Robert A. Pendergrass Page 18 of 27 RAYCHEM 1972-1992 • In 1992 Raychem was a multinational company employing 12,000 people world -wide with a sales turnover of $1 billion. The company exploited materials science, especially plastics, by design marketing and manufacturing proprietary products. The main product lines were based on heat shrinkable tubing which were sold largely through a direct Raychem sales force to Electronics, Automotive, Aerospace, Telecommunications, Electrical Energy and Process industries. Raychem was recently acquired by Tyco General Manager - Electronic Harness Systems Raychem Ltd., Swindon, 1990 -92 Responsible for turnover of $50 million and a staff of 45 professionals, including Product Managers and Engineering personnel. Business responsibilities included marketing, design and manufacture of electrical harnesses used for interconnecting black -boxes in defence and heavy transport markets for the European region ❑ Developed and implemented business policies and procedures to clarify strategy for Sales Engineers as well as top management ❑ Reduced personnel from 45 to 28 over two years to ensure commercial viability Marketing Manager - Defence Systems Raychem Ltd., Swindon, 1986 -90 Responsible for sales support and technical assistance for defence and aerospace customers in European region, South America and south -east Asia representing an annual sales turnover of £120 million. My team of 30 professionals integrated products from 3 product divisions into a single Raychem system for defence and aerospace customers • El Initiated a strategic plan for European Defence Electrical Markets subsequently incorporated into a European Electronics Strategic Plan General Manager - Military Ground Systems Raychem GmbH, Munich, 1983 -86 Responsible for business management of Raychem's products for Army markets in all countries except USA, representing $45 million annually with a staff of 30 professionals ❑ Created a multinational, multi - discipline team of professionals based in Munich ❑ Increased sales by 40% over 3 years by geographic expansion and sales of existing products to new applications and markets General Manager - Pine Protection Products Raychem NV, Belgium 197943 Responsible for business management of products for corrosion protection and sealing of piping systems for district heating, gas utilities, construction and major pipeline markets with ultimate annual sales turnover of $45 million. Responsibility was initially for the European region and expanded to include sales in the USA in 1982 ❑ Formed a new business unit comprising direct and distributor sales, development, marketing and business analysis ❑ Increased sales volume by 150% over 3 years with higher profitability Marketing Manager - Telecom Division Raychem NV, Belgium 1975 -79 Responsible for all aspects of marketing Telecom products to European Region for outside plant cable accessories with a staff of 20 people. ❑ Established a strategic plan for Europe which eventually evolved into a world -wide plan - 491 a key step to successful growth from $8 to $35 million in four years ❑ Personally responsible for the sale of a $10 million project to Saudi Arabia • s &I Robert A. Pendergrass Country Manager - Raychem Agenda Item No. 9J January 23, 2007 Page 19 of 27 Raychem A/S Denmark, 1972 -75 Responsible for creating a Limited Company in Denmark to pursue all business aspects from sales to distribution of products in the Danish Market. ❑ Built a thriving company. Sales grew from zero to $500,000 in three years ❑ Achieved greater than 501/o market share in electrical distribution for Raychem products PROCTER & GAMBLE Engineer /Group Leader 1966-69 Responsible initially for the design and start -up of Pulp Mill Evaporation Systems in two plants resulting in early promotion to Group Leader. ❑ Rated in top 10% of Engineering Personnel US NAVY Destroyer Officer in Pacific Fleet - Division Officer in charge of 20 men with a variety of ages and experience Cl Rated in top 5% of Reserve Officers - requested to take permanent commission EDUCATION Cornell University, Ithaca, New York Master of Business Administration (with honours) - 1971 Master of Chemical Engineering - 1970 Bachelor of Chemical Engineering - 1964 University of Louvain, Belgium Applied Economics Studies (French section) - 1972 OTHER Languages Excellent: Danish, French, Swedish, Norwegian Fair: German, Spanish 1964-66 filson_s From: The laizzo's [iaizzo @comcast.net] Sent: Friday, January 05, 2007 1:41 PM To: filson s Subject: PBSD Apllication Board of County Commissioners 3301 East Tamiami Trail/ 774 -8875 Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committee /Boards Name: John laiao Home Phone: $92 - 0678 Home Address: 6573 Marissa Loop, #1902 Zip Code: 34108 Fax No. 592 -0678 _ Business Phone: xxx e-mail address: iafaogb-comcast.net Place of Employment: retired • Board or Committee Applied for: Pelican Bay Services Division Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 11 Months 3 Are you a registered voter in Collier County: Yes X No Do you currently hold public office ? Yes No X If so, what is that office ? Have you ever been convicted of any offense against the Law? Yes _ No X Page 1 of 2 Agenda Item No. 9J January 23, 2007 Page 20 of 27 Do you now serve, or have you ever served, on a Collier County board or Committee? Yes X No_ If yes, please list the committees /boards: Pelican Bay Services Division Please list your community activities (civic clubs, neighborhood associations, etc.) and positions held: . " St. Marissa Board Condo Assn., VP 1996 -1998 Pelican Bay Men's Coffee Board member /Secretary, 1997 - present Coast Guard Auxiliasy� Staff Officer/Treasurer 1997 -V resent 1/5/2007 Page 2 of 2 Agenda Item No. 9J • Kiwanis club, 1998 (6 months) January 23, 2907 Page 21 of 27 —9 .: 1 � � 1' !�= � �1. 1 = �. = � ' i_ _ • �'.:_ : _. Ill 1 I 1 " Pelican �av Service Division• Director 2003 - �nasent Education: My education was primarily in electronics and computer systems. 1 completed my formal education evenings at Queens College and earned a Masters in Computer Science In 1982. Experience: My professional career covered a number of related Engineering jobs. I completed 30 years with the Grumman Corporation in 1995, as a senior software engineer. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamismi Trail, Naples, FL 34112. N you wish, please fax your application to (941)7743602 or e-mail to sueflison@colliergov.net. Thank you for volunteering to serve the citizens of Collier County. 1/5/2007 0 • 12/28/ZaU 14:00 12397743502 Agenda Item No. 9J January 23, 2007 .�i,.3 , .�1� ...• . Page 22 of 27 CE] -^ D PAs a 0mayV V)Fr 1VE Vl of Glut+!. BO>l d of County Commissioner' ,nmissicn rs s 3301 East Tamiaml'Trail Vt ' Naptee, YL 34112 (W) 774 -W � Fax, (2M) 774 -3602 Appfleatfo�nt for Advisory CommitteewBoards �Rs I�N�i9 1"%• /4L AS Hem- rbon Aw Hogue Address: Z WAI2 Zip Code: Fax No,'�YZ- O'?3 Buanew rhanet d'`6v / Al/p' place of EsaploYMeut: Board or ConvaR see ,Applied lom w qo p Category (ifapQli#ble): (1J1.' / 'x"74! .Zy 7 y CA4y.4:1-,e P Exu upk: CoftOMOM Dbkrkt. Dwek4o w, Saw( — WOO, Lw p--n• @w. — 1 Hvvv loag bare you lived �► Collkr Ceustq: YanrM Moutho Are you s regisiered voftr in Cotor Countyt Ya Y 140 / Do you ey rreutly bold public otSW Yes No y If w„ Wbet b tut @MftY Hav* you ever been coaviet" of gay offense &$*last the Law? Yea No If yes, exptoia: Do ym aew serve, or pave you rvor hard, an a Colder C mty baud w toMmittoe' Xoc No j-_ it yea, pk Me tilt Ut Conmtknwbosrds. Fift" hetd: / N aetivitbe (Wp* Nubs, Antiqnsam 4 W AV i/ / ewpl boas • J�nr aarrcA rpr,�jjrirwt! Wwr.aian,yxrJ�/A'finrMC � �pfiiorlai WrJI M jNtMerir/ a �► Plbay Gralrtr.!1f�sweri►b dw,s. WOfc+rawcOMW"Oft^ J."I --dw TAM"W T,14:%WO4 f.3uiz ,/ya.,w.r.PAMWf xr«r►4r&Gwk#Ado (239) 1 t4-!N1 or o. o dr Surot Terms rwl�' wlx+awaYj ss a�rw u e atEos.r yGaturr C«r M • 0 Advisory Board Application filson s From: tedraia@earthlink.net Sent: Thursday, January 04, 2007 11:43 AM To: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Forth Application was received on: 1/4/2007 11 :42:38 AM. Name: Wheodore I Rai Home Phone: 39 -594 -2851 Home Address: 117 Pelican Bay Blvd., Apt. 40 City: le Zip Code: 410 Phone Numbers Fax: I Business: e -Mail Address: Iedraia ,earthlink.ne Work Place: et e How long have you lived in Collier County: ®1 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ®e Board / Committee Applied for: elican Bay Service Divisio Category: INot indicate Do you currently hold public office? Do you currently or ever served on a Collier County Board or Committee? Page 1 of 1 Agenda Item No. 9J January 23, 2007 Page 23 of 27 'lease list your community activities: director, Pelican Bay Foundation, Volunteer for Habitat for Humanity, Director, Pelican Ba} 'roperty Owners' Association, Education: 3S in Mathematics, Manhattan College, MD University of Rome, Radiology Residency, Waltei ?,eed Army Medical Center. 1/4/2007 • 01J04I2007 12:29 2395942851 THEODORE J RAIA JRMD PAGE M Agenda Item No, January 23, 2001 9 Board of County Commissioners a e 24 of �7 B 3301 .East. Tamismi Trail Napks, FL 34112 (239)7744047 Fa:: (239) 774 -M02 R E f r E IV AN 2007 Application for Advisory Coa6!ftW8b#M!1 name: Eva d R, ; ". ( f3 nose Addr«e: 7/ l7 pit'1 f C A w `h Y L V 0 fi 4 cove: ,3 �1 /40'? Fax No. e4-MC, Baasea 1'boas: e-mali address: 'i�"D RR� R f� �hRTli � �l4!k. Plaee or Employment: Reno -" N,n- Board or Commit! i Applied tor: &J--, G A A, S" V iC.e � J VJ 310Aj Category (if appiicabk): Eiaagk: cma iwioa Db id. Daalgsr. swon"w"Ne"M ky per. M How long have you hued is Collier County: Yean___,Q Mortis Are you a. red voter to Colder County: Yes No Do you currently b*M public oOke! Yes N w, wiet is twat dkka4 Have you ever been convicbd of any offemw apbut the Law4? It Ysk WOOS: Yes No Do yon ww wrw% w bave you Mw served, a a C ~ Cosoty beam of eeftw /ss7 Yw No If yes, pkwe Wow towel tewromr6; Maw list your community activities (dvk dubi4 usioborbood aasociatNea, etc. nrd poddoas `old: O i QECT 0 A—. PelL.t c.-4wl gAv Mooki DdPs cdiJ fl 1 RFCTOf'L. P is Education: G3, ) Ti CA, ffigmon I Vlr'bl:S Y �C► �r,rT rM[ *P &w MbM rXwM0w Aft! M Mw AIPMW gC.raV CwwMkNawm, Sip ttarr ft iwd rOG9 NWm n 34112 r wr +Nw.pftwAsr«rr WAw*w w (M)774,, W a a.om* do iY- X4 T1wt ysw /� OkWWe*M it awm ^r obksws VI C*Alw Cwwq. 4 0-'I'N v .ten u n r..a . omiv -Ar ?0 A --' 0 To: 514 -3217 12/28/06 03:08 PM From: SPrinaeftula Page 2 of 2 Agenda Item No. 9J January 23, 2007 Page 25 of 27 Board of County Commissbgers 3301 East Toralami Trap Napbe, n 34113 (LM 77441097 rw (2") 774-MO Application for Advisory Committeem/Boards none A*wm-.t I'll ' ;=. fle" Law a Tina Cods: e$ Fas,ie139J5143:U7 llud"M Phow.- MIS1716 e-mm) ad4rws: z r , geT *MW of zvvbrm t: 14114 g D ---- B"rd or Ce4M *%ft Appited Category of ap heaws). VROt Ic> r EL1 Iwat COOMWai DwU-kL Drrdepr, Mf:Vjf*M ft Mw lay porw& am Row Ion bnve you O"d m COMW County: YM-f Mks �r Are you • talsietU VOW in CeObr County: Yee 1%1 No Do you wrrlml tf m wfw Y d st IM Have you ever bees eoavleted of any On%we ngshft the Law? VMS—No 1•� If Yoe, Met#n.4a: e��JT r Do r � boo e, or yw wwr wrrMd, « a C611 u tlnttlrceowmlbeswrMsrM� HR �. r �1�1►.• rte' ��i1JJ�i�!�;�OLw'�a. � � � �� FAM mom my000*mulA tA !"*JWM-tW— nkgPN-A- *A*wWM a SAW Pkwy, AMM16W MMwyn►ar 41r lOLq *fCwaap O Miwlrbww, J7e1 saw 7wwtw( TM4 ,%Fky rL Jett a COW" �a+r�. a (1!!)774467 MrawUrr t� JMAF N P" s 11/07 "2006 23 :29 9415143217 Home DONALD SPA141ER Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 (234) 7744097 Fax: (239) 774 -3602 PAGE 01 Agenda item No. 9J 2007 IaJ� 2,' t r / Application for Advisory CommitteesBoards f Fax No Business Place of Employment: Board or Committee Category (if applicabl isample. Coat 000 Home Phone :k „fit f_TQ 1'r _Zip Code: + �{-z07 S! e-mail address :D c Applied for: U C` e): Dhal'let, Dwilaper, mAmameatelist, l lor6onl «e. How long have voa lived in Collies County: Yearo_—�_ Months Are you a registered voter in Collier County: Yes—Z—_Nlo Do you currently If so, what is that of ►-r 1 V Have you ever been convicted of any offense a# nst the Law? Yes No If yak esplais: Do you now serve, or hove you ever Ifs, please list the commieto os/b i major ►saes:_ '. seoea M, AA(1R.-W Ilya•/ y,.,1„ fyp=. 04 Tit epplt�vieR i4osld �[ jarwss►�te/ev SLi tlllsae, �caYlrs Afiwsss► to Me • apMCsrlelwr 3301 PeY Teaiaai TaY, Arrer, FL ! lJO)77 I -3602 ot a arl Io JI17 ? lfyo kh plaw"fayea,gV11wi x,e %—* yea jb► wlanfesrios Ee Kne fAe dWAM eJCsft, C#X" Advisory Board Application filson_s From: mikelevyl @earthlink.net Sent: Thursday, December 28, 2006 3:44 PM To: filson_s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/28/2006 3:43:48 PM. Name: 'chael Le Home Phone: 3® 5_qq -17V1 Home Address: 010 Pelican Bay Blvd. #435 City: ale Zip Code: 410 Phone Numbers Fax: ® Business: F9 e -Mail Address: Wkelevy 1(a,)earthlink.ne Work Place: etire How long have you lived in Collier County: 5 -1 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ©e Board / Committee Applied for: elican Bay MSTBU Advisory Committe Category: Not indicate Do you currently hold public oiffice? Do you currently or ever served on a Collier County Board or Committee? Page I of 1 Agenda Item No. 9J January 23, 2007 Page 27 of 27 Please list your community activities: Interlachen One Condominium Association - Treasurer For the 1993 through 1995 tax seasons, was a volunteer in the AARP/IRS Tax Preparation Assistance Program for the elderly. Education: —0 0 3- S fr om M.I.T. MBA from N.Y.U. 12/28/2006 Agenda Item No. 9K January 23, 2007 Page 1 of 2 EXECUTIVE SUMMARY RECOMMENDATION TO ASSIGN TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE THE TASK OF STUDYING THE POTENTIAL BENEFITS OF A CHARTER GOVERNMENT COMPARED TO OUR PRESENT FORM OF GOVERNMENT, AND TO DIRECT THE PRODUCTIVITY COMMITTEE TO REPORT THEIR FINDINGS AND RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS OBJECTIVE: For the Board of County Commissioners to assign to the County Government Productivity Committee the task of studying the potential benefits of a Charter Government compared to our present form of government. The Productivity Committee shall report their findings and recommendations to the Board of County Commissioners upon completion of such a study. CONSIDERATION: After completing their eighteen month study of efficiency and effectiveness in county government operations, the Productivity Committee presented their findings to the Board of County Commissioners in a workshop held in June 2006. During that presentation, the notion that a Charter form of government might be a more productive, efficient, and effective option for Collier County was briefly discussed, however, the subject lacked sufficient study. At their November 15, 2006 meeting, the Productivity Committee voted to conduct such a study, however, they seek a directive from the Board of County Commissioners. FISCAL IMPACT: The reimbursement of any and all reasonable costs associated with travel, mileage, meals, copies, etc. directly associated with the study. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners assign to the County Government Productivity Committee the task of studying the potential benefits of a Charter Government compared to our present form of government. The Productivity Committee shall report their findings and recommendations to the Board of County Commissioner upon ..-� completion of such a study. PREPARED BY: Jim Coletta Commissioner, District 5 Agenda Item No. 9K January 23, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9K Item Summary: Recommendation to assign to the County Government Productivity Committee the task of studying the potential benefits of a charter government compared to our present form of government and to direct The Productivity Committee to report their findings and recommendations io the Board of County Commissioners. (Commissioner Coletia) Meeting Date: /12312007 9.00 OC AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC Office 111612007 3:56:55 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1/16/2007 3:58 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 117612007 6:05 PM Commissioners Page I of I Patricia L. Morgan From: brock_m [MaryBrock @colliergov.net] Sent: Tuesday, January 23, 2007 8:59 AM To: Patricia L. Morgan Subject: FW: Add On Agenda Item for Tomorrow's BCC meeting (1123/07) Importance: High Item 9M... From: ColettaJim Sent: Monday, January 22, 2007 1:52 PM To: mudd,_j Cc: brock_m; bodinejudi; ColettaJim; filson_s Subject: Add On Agenda Item for Tomorrow's BCC meeting (1/23/07) Importance: High Mr. Mudd: Commissioner Coletta is requesting a new agenda item to be added under Item 9 for tomorrow's BCC meeting (January 23, 2007) as follows: the Board of County Commissioners to consider giving lestaff dir ction toa place ec aP 200/6 -06 IGMP 2005 Growth Management Plan Amendment Cycle., or , given amendments that provide for affordable housing. personnel (ESP) hopsg tthat waive s denied by the loss of State funding for essential services e for 1176 the Florida Housing Finance Committee. The specres of a d, of which 30amendment will ofldthose un is affordable housing units on approximately 196 a would be for low income homes and the balance of the units apportioned for ESP and gap housing. He is also requesting that this new item not to be heard before 1:00 PM. Nancy Rosiak Executive Aide to Chairman Jim Coletta, Commissioner, District 5 PH: (239) 774 - 8097 /FAX: (239) 774 -3602 1/23/2007 Agenda Item No. 10A January 23, 2007 Page 1 of 30 EXECUTIVE SUMMARY Recommendation to approve the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A- category OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval for the fourth Conservation Collier Active Acquisition List (AAL) and further, to obtain direction for the County Manager or his designee to actively pursue projects within the A- category. 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 AAL to the Board of County Commissioners for approval. On December 11, 2006, the CCLAAC selected qualified acquisition proposals for inclusion on the attached AAL. The proposed AAL has been separated into three (3) categories, A, B and C (Table 1.). The A- category includes those properties the CCLAAC recommends the County Manager or his designee to actively pursue. The A- category properties are also further prioritized as to which properties should be pursued first. The B- category includes those properties that the CCLAAC does not recommend active pursuit of during the current acquisition cycle, but will retain and automatically re -rank in the next acquisition cycle. The C- category properties are those that the CCLAAC does not recommend active pursuit of and will not automatically be re- ranked in the next cycle, but which the owner may resubmit for consideration in a subsequent cycle. Figure 1 shows the location of all proposed Cycle 4 properties. The process for evaluation by the CCLAAC began with a staff preparation and presentation of property reports, called Initial Screening Criteria Reports (ISCR). Included in each ISCR was a scoring matrix developed by staff, based on researched and observed data. The CCLAAC then reviewed these reports and utilized the score as a tool along with public input and other intangible criteria related to their individual expertise, to evaluate and rank the properties. Property Summary Sheets, summarizing report data and explaining how properties met Program criteria, are attached. Notebooks with full ISCRs and Summary Sheets have been provided in hard copy to the Commissioners and to the public for viewing in the Environmental Services Department at 2800 North Horseshoe Drive, Naples. Both Summary Sheets and ISCRs are posted on the Conservation Collier website at: http: / /www.collierizov .net /Index.aspx ?page =1208 The Board should note that the CCLAAC has recommended the Winchester Head multi - parcel project as an A- category project. The Board previously directed staff to place this project on the B -list in February 2006 due to concerns about the costs and risks of multi - parcel acquisition •—� projects. The County currently owns 7 parcels in Winchester Head for a total of 8.88 acres. Staff has received and confirmed applications for an additional 21 parcels totaling 30.29 acres. Agenda Item No. 10A January 23, 2007 Page 2 of 30 The following conditions have changed, prompting the Conservation Collier Land Acquisition Advisory Committee to recommend purchasing in this area again. • Values within Winchester Head, North Golden Gate Estates (NGGE) Unit 65, appear to have stabilized at approximately $66,000 per acre. • The Collier Soil and Water Conservation District has begun purchasing within Winchester head and is a potential conservation partner. • The Nature Conservancy has conceptually agreed to assist staff in acquiring multi - parcel projects. • The Department of Environmental Protection has denied several permits in this area due to cumulative wetland impacts. • Surface water storage and management has become a priority issue within the North Golden Gate Estates due to flooding this year. • Staff has developed a new strategy to reduce buying risks in multi - parcel projects that essentially does the following: • Works with the Property Appraiser to have Conservation Collier purchases seen as the arms- length transactions they are, and to be used to set assessed values, and • Establishes fair - market values through one appraisal done every 6 months and offering that amount to willing sellers, thus meeting the requirements of the purchase policy and containing costs for 6 months at a time. The other multi - parcel project, Red Maple Swamp Preserve, or North Golden Gate Estates Unit 53, was placed by staff on the AAL as a B- category project. While the CCLAAC did not rank this project at its December 11, 2006 ranking meeting, the Board had directed staff to cease buying in NGGE Unit 53 for two years or until property values went down at its September 26, 2006 meeting under Agenda Item 10G. This direction functionally placed the project in the B- category, as a project for which there is interest, but no direction to purchase at the current time. The Board should also be aware that staff has discussed partnerships with other agencies in regard to three projects in the recommended A- category: Starnes, Hamilton and the McIlvane Marsh. For Starnes, the Corkscrew Regional Ecosystem Watershed (CREW) Trust has agreed to contribute $300,000 and the South Florida Water Management District has agreed to manage the land under the CREW Area Management Plan, which is consistent with Conservation Collier's management requirements and which allows limited hunting. The U.S. Fish and Wildlife Service (USFWS) has agreed to assist in managing the Hamilton property. While it may appear more logical for the federal government to buy this parcel instead of Conservation Collier, federal dollars are not currently available. The USFWS will work towards re- purchasing it in the future to add to federal conservation lands, thus restoring Conservation Collier dollars for use elsewhere. At the present time, however, the parcel represents the "hole in the doughnut" for conservation lands surrounding it and is an important conservation purchase. The Rookery Bay Estuarine Research Reserve has agreed to manage the McIlvane Marsh in a manner consistent with Conservation Collier requirements. Memorandums of Agreement with management partners will be developed under County Attorney and Board oversight. The Starnes property is located within the Rural Lands Stewardship Overlay. Fifty acres out of .. the 367 are designated as Habitat Stewardship Areas (HSAs) and the remainder is designated as Neutral. If all land uses were removed, the parcels would yield an estimated 234 credits. Including the 50 acres eligible for Early Entry credits comes to an estimated total of 284. It takes Agenda Item No. 10A January 23, 2007 Page 3 of 30 8 credits to authorize 1 acre of increased density development that is 2 - 4 DU /acre, representing an increase of density for approximately 35 acres. The owner is willing to consider removal of these credits but at present there does not appear to be buyers seeking credits. Additionally, the owner has requested a cattle lease and has offered to discount the price of the property if this can be approved. The SFWMD is able to manage and operate a hunting program with a cattle grazing lease, and does so on other properties. Upon the BCC's approval of the AAL, staff will begin the process of acquiring the A- category properties. After confirming continued property owner willingness to sell, staff will order appraisals, title research, and perform other due diligence items. The Conservation Collier ordinance requires contracts to be presented to both the CCLAAC and BCC for approval prior to purchase. FISCAL IMPACT: It is estimated that the total cost of properties recommended for addition to the proposed A— category list totals $29,349,000. Because there are willing sellers in the Winchester Head multi - parcel project at this time for only $1.9M of the estimated total project value ($11M), the actual estimated cost of properties in the A- category is closer to $20.2M. For FY07, $16M in budgeted dollars has been programmed under capital expenditures for land acquisition. Fund reserves totaling $8.3M are also available for additional acquisition efforts, with a budget amendment. A total of $243M in available FY07 budgeted dollars is available and at the Board's disposal to use for property acquisition initiatives. Approval of the entire Winchester Head project would r-- provide the ability to purchase as properties within the project became available and as funds permitted. Approval of the attached AAL and direction to actively pursue the Cycle 4 recommended A- category projects will additionally require the Conservation Collier Program to expend funds for various acquisition costs including appraisals, title commitments, interoffice billing for Real Estate Services staff time and potentially, phase I environmental audits, standard surveys and upland/wetland surveys. The total cost for these activities has been budgeted at $ 265,000. The estimated associated acquisition costs of the entire proposed A- category properties are $410,200. However, this value includes all of the Winchester Head parcels, for which staff only currently have 21 applications. Considering only those, the associated acquisition costs are estimated at $275,400. The additional $10,400 needed is available from reserves with a budget amendment. To date, the BCC has approved $43,488,033 in total Conservation Collier land purchases. With the addition of this recommended cycle of properties, the total cumulative authorization (purchase + authorized) will total $72,837,033. 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. LEGAL CONSIDERATIONS: ,.._, The Conservation Collier Ordinance (2002 -63), in Section 11, provides a legal framework for development of the Active Acquisition List. Recommendation of an Active Acquisition List by Agenda Item No. 10A January 23, 2007 Page 4 of 30 the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board approve the attached AAL and direct the County Manager or his designee to actively pursue acquisition of those properties listed within the A- category. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program 1-1— Table 1. Recommended Active Acquisition List Agenda January 3, 107 9 January 23, 2007 Note: this list does not include those properties already purchased by the Conservation Collier Program. Page 5 of 30 Name Estimated Value Size ac Estimated Value per acre Proposed List Cate ory Prioritv Designation for "A" Category Properties Hamilton $1,500,000 194 $7,732 A 1 Karen $900,000 0.68 $1,323,529 A 1 Mellvane Marsh Calo $940,000 40 $23,500 A 1 Connolly Trust $630,000 70 $9,000 A 1 Predmore /Rivers $215,000 19.54 $11,003 A 1 Price $215,000 20 $10,750 A 1+ RJS LLC $408,000 51.02 $7,997 A l Scherer $720,000 80 $9,000 A 1 West $40,000 2.02 $19,802 A 1 Oetting $171,000 2.28 $75,000 A 1 RR land Trust $9,000,000 60 $150,000 A 1 Starnes $3,610,000 367.7 $9,818 A l Winchester Head $11,000,000 132 $83,333 A l :Subtotal " $29,349,000 1039.24 Camp Keais Strand Bortnick $10,000 5 $2,000 B Campbell $10,000 5 $2,000 B Darby Tr $10,000 5 $2,000 B Diekow $90,000 75 $1,200 B Dinda /Walsh $10,000 5 $2,000 B Freeman $10,000 5 $2,000 B Griffin $10,000 5 $2,000 B Hamilton $9,550 4.77 $2,002 B McSwain $10,000 5 $2,000 B Rudolph $18,000 10 $1,800 B Schaab $5,000 2.5 $2,000 B Street $5,000 2.5 $2,000 B Tucker $20,000 10 $2,000 B Winebrenner $10,000 5 $2,000 B I -75 Properties ALM LLC $261,000 6.7 $38,955 B Ar ay $270,000 7.05 $38,298 B Arias $322,000 6.94 $46,398 B Ayra $147,000 3.18 $46,226 B Fernandez $175,000 3.35 $52,239 B Mohabir $260,000 6.7 $38,806 B Velez $260,000 6.76 $38,462 B Kirby $90,000 1 $90,000 B Murphy $190,000 1 $190,000 B Red Maple Swamp Preserve (NGGE Unit 53 ) * * * ** $10,605,000 176.75 $60,000 B Subtotal, $12;807,550 364.2 Abercia $1,144,102 9 $127,122 C Blake $167,000 4.77 $35,010 C Campbell 4 TDRs $86,000 4.77 $18,029 C Fleischmann North - 13 acres $2,000,000 13 $153,846 C Narsiff -2 $650,000 21.88 $29,707 C Peters (Conservation Easement ) $86,240 5 $17,248 1 C Subtotal " $2,989;240 49.42 Total $45,145,790 1452.86 * * * ** Red Maple Swamp (NGGE Unit 53) was not voted on, however, functionally, it remains on the B -List for 2 years or until values change. Agenda Item No. 10A Figure 1. Location of Cycle 3 Properties January 23, 2007 Note: this map does contain locations of properties already purchased in the Conservation Collier ProEf$rof 30 purposes of determining equitable geographic distribution. CCLAAC Cycle 4 Property Recomendations Starnes Lee County (367.7 acres Peters .. Brochu (9.26 ac.) (5 ac.J� AMMO ALES fl a IBlaked �Narsiff -2 (21.88 ac.) (4.77 ac) ■ petting (2.28) Railhead Scrub ,,,1,. , rr�s� = -,._ Y Preserve - r.'1 ° Winchester Head (80.33 (132 ac.) ��o Wet Woods Preserve R R,E -and Tr. Campbell- (4.77 ac} (Project currently (26.77 ac)' ` (60 acres Milano in suspension) Cocohatctiee (18.46 ac.) Creek Preserve ' __- (3.64 ac) �< J Log an'Woods Presery e (7.49 ac) J6, Nancy Payton Preserve (65 ac.) - - Fleischmann -North (13 acres) Abercia (9 ac.) Collie ;, , 175 Dev. Corp. (48.93 ac.) _ '' n � Malt (83.18 ac.) Haml{tori Mcllvane'Marsh - -- (194 acres) Legend (282.58`acres) Acquired Conservation Collier Properties A -list Properties : Otter Mound Preserve (1.77 ac.) - Karen'Parcel (.68 ac) &list Properties _.. _ C -List Properties - - - - �! State and Federal Conservation Land F1� ,E e 0 2.5 5 10 Miles COI' i er cow? ty Attachment 1. Property Information Summary Sheets CCLAAC Recommendation: A -List Parcel Name: Hamilton Target Protection Area: Non TPA — Conservation Designation with Cond. Use Acreage: 194 ac Estimated Market Value: $1.54 million Highlights: • Location: S36 T51 R27 — along U.S 41 east of and adjacent to Collier Seminole State Park • Met 5 out of 6 Initial Screening Criteria: Native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity- marginal; within another Agency project boundary -no • Habitat: 5 native plant communities — marsh, swamp, prairie & hammock • Listed Species obsvd: plants — bromellads and orchids; wildlife — numerous wading birds, snail kite, wood storks, bald eagle, bears • Water Resource values: low Tamiami aquifer & moderate surficial aquifer recharge; wetland soil type (100% tidal soils except for developed area) • Connectivity: Is the "Hole in the doughnut'; Connects on all sides to other conservation areas • Utilities /Transportation interest: Utilities -No; Transportation - No • Access: direct access from U.S. 41 with paved parking area • Restoration needs: Less than 25% exotics; • Management issues / estimated costs: Exotics removal $68,000; signs $1,600; existing buildings, management of water trails, security, ongoing code issues • Partnership Opportunities: U.S Fish and Wildlife Service — management and possible future acquisition for 10,000 NWR; Big Cypress Basin (South Florida Water Management District) — funding ($500,000) • TDRs associated: None Surrounding land uses: • North: Picayune Strand State Forest • East: 10,000 Islands NWR and Picayune Strand State Forest • South: 10,000 Islands NWR • West: Collier Seminole State Park 7 Agenda Item No. 10A January 23, 2007 Page 7 of 30 «F w '{ r. _ X_: F; v _ Conservation Collier Hamilton Location Map D. awnN � I I n CCLAAC Recommendation: A -List Parcel Name: Karen Target Protection Area: Urban — Marco Island Acreage: .68 ac Estimated Market Value: $1.07 million; Owner asking $900,000 — bargain sale Highlights: • Location: City of Marco Island; Osceola Ct., next to Otter Mound Preserve; S21 T52 R26 • Met 4 out of 6 Initial Screening Criteria: Native habitat - yes; human social values -yes; water resource values -no; biodiversity -yes; connectivity -yes; within another Agency project boundary -no • Habitat: tropical hardwood hammock • Listed Species: None observed, migrating neo- tropical birds, nesting hawks osprey observed at Otter Mound Preserve • Water Resource values: no direct data but low recharge inferred to Tamiami aquifer; moderate surficial aquifer recharge; No wetlands on site • Connectivity: Connects directly to and enlarges adjacent Otter Mound Preserve • Utilities/Transportation interest: Utilities -No; Transportation -No • Access: physical and legal access from Osceola Ct. on west side • Restoration needs: between 50% and 75% exotics; shell wall extends onto property • Management issues / estimated costs: exotics - $8,000; archeological monitoring - $1,000; City of Marco Island supports purchase • Partnership Opportunities: City of Marco Island, Collier County Historical Society; Southwest ,Florida :Archeological Society • TDRs associated: None Surrounding land uses: • North: Otter Mound Preserve • East: single family residential • South: single family residential • West: single family residential 8 Agenda Item No. 10A January 23, 2007 Page 8 of 30 Agenda Item No. 10A CCLAAC Recommendation: A -List January 23, 2007 Parcel Name: McIlvane Marsh Project Page 9 of 30 Target Protection Area: none Acreage: Current applications total 282.58 acres - 8 parcels (Price 20 ac, Connolly 70 ac, RJS LLC 30 & 21.02 ac, Scherer 80 ac, Calo 40 ac, Rivers/Reed 19.54 and West 2.02) Estimated Market Value: 53,168,000 total (average $11,200 per acre) Highlights: • Location: S29 & 30, T 51 and R 27, South of Tamiami Tr. E and East of 951 NW of Curcie and San Marco Road. • Met 5 out of 6 Initial Screening Criteria: Native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity -yes; within another Agency project boundary -no • Habitat: Mangrove swamp, Inland ponds and sloughs, Saltwater Marsh, Pine Flatwoods and Wetland Hardwood Forest Mixed Wetland. Recent studies by Rookery Bay after restoration efforts of removing sections of a berm show this area to be tidally flushing and functioning as a breeding ground for numerous fish species, including snook. • Listed Species: Obsvd - American Alligator, Florida Ribbon Snake, Osprey, Snowy Egret and Tri- colored Heron, American Crocodile— Bird Rookery observed on mitigation parcel on eastern side of marsh • Water Resource values: wetland habitat and storm surge protection for coastal development, pollutant filtration and surficial aquifer recharge • Connectivity: 10,000 Islands NWR, Collier Seminole State Park and RBNERR • Utilities /Transportation interest: Utilities — none; Transportation -none, previous potential road between 41 and US 92 no longer planned • Access: Off of Curcie Road to western most Parcels • Restoration needs: Exotic removal • Management issues / estimated costs: Minimal exotics removal, provide and manage public access, parking, fencing, trails, signage / $152.075 + • Partnership Opportunities: Rookery Bay National Estuarine Research Reserve - Management • TDRs associated: None ToW 8— 280 MMM• .Emlagbl.: HWm.nV.Iw�MMhNW a. »o.n. ■.nw.n»m JII■� Surrounding land uses: • North: Parcels owned by Fiddlers Creek DRI -Zoned PUD (shown on Site Plan to be part of preserve), Snowblind, Inc. — No development applications to date but property is for potentially sale; staff has discussed with owner • East: Collier Seminole State Park • South: SW- 10,000 Islands National Wildlife Refuge and Rookery Bay • West: Rookery Bay (Deltona Mitigation Lands) • Other: Within the project boundaries are 310 acres which are being deeded to Rookery Bay for mitigation and other 8 other private property owners who have not responded as willing sellers Surrounding land uses: • North: Parcels owned by Fiddlers Creek DRI -Zoned PUD (shown on Site Plan to be part of preserve), Snowblind, Inc. — No development applications to date but property is for potentially sale; staff has discussed with owner • East: Collier Seminole State Park • South: SW- 10,000 Islands National Wildlife Refuge and Rookery Bay • West: Rookery Bay (Deltona Mitigation Lands) • Other: Within the project boundaries are 310 acres which are being deeded to Rookery Bay for mitigation and other 8 other private property owners who have not responded as willing sellers CCLAAC Recommendation: .A -List Parcel Name: Oetting Target Protection Area: NGGE Acreage: 2.28 acres (2 adjoining parcels) Estimated Market Value: 2007 estimate $171,000 ($60,500 per acre) Agenda Item fro. 10A January 23, 2007 Page 10 of 30 Highlights: • Location: NGGE Unit 42 — W 75 Feet of E 150 Feet of Tract 84 and E 75 Feet of Tract 84 531, T47, R28 • Met 5 out of 6 Initial Screening Criteria: Native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity - marginal; within another Agency project boundary -no • Habitat: cypress strand - wetland • Listed Species: 2 plants — (bromeliad and fern) potential for listed wading birds • Water Resource values: Contains year -round & seasonal wetlands, wetland soils, low Tamiami aquifer & moderate surficial aquifer recharge; within identified flow way in NGGE (Horsepen Slough) • Connectivity: Connects to Corkscrew Swamp Sanctuary via approx 4 -mile NW are • Utilities /Transportation interest: Utilities -Yes (wells); Transportation -No • Access: direct access from 60th Ave. NE • Restoration needs: None beyond removal of few exotics at road edge & scattered within; good existing habitat • Management issues / estimated costs: Minimal exotics, provide and manage public access / Exotics removal, parking, fencing, boardwalk, sign, - approx $156,000 - $150,000 of that for the boardwalk. • Partnership Opportunities: None known, Estates Elementary School across the street - Principal supports purchase for environmental education. • TDRs associated: None Surrounding land uses: • North: NGGE — single family residential • East: NGGE — single family residential • South: NGGE — single family residential, Estates Elementary School • West: NGGE — single family residential, Earth mine 1111 TWI Sm fb CCLAAC Recommendation: A -List Parcel Name: RR land Trust Target Protection Area: Urban Acreage: 60 ac Estimated Market Value: $9.06 million Highlights: • Location: S30 T51 R27 — Immediately south of Railhead Scrub Preserve • Met 5 out of 6 Initial Screening Criteria: Native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity- marginal; within another Agency project boundary -no • Habitat: 5 native communities - cypress, marsh, oak scrub, scrubby flatwoods, pine flatwoods • Listed Species obsvd: Gopher tortoise, 2 wading bird species; 3 plant species • Water Resource values: low /discharge for Tamiami aquifer & moderate surficial aquifer recharge; 5.5 scattered acres jurisdictional wetlands mapped by consultant • Connectivity: Connects to the north across future Veterans Memorial Blvd with Railhead Scrub Preserve • Utilities /Transportation interest: Utilities -No; Transportation- ROW along Veterans Memorial Blvd. — already owned • Access: physical access via FPL easement off Collier Center Way in North Collier Industrial Center; future public access from Veterans Memorial Blvd. after rail line crossing established; legal access exists but currently no physical public access • Restoration needs: 25 -50% exotics, not all areas directly observed so may be more. Heaviest exotics along western side of the railroad parcel • Management issues / estimated costs: Exotic removal - $75,000; fencing - $11,000; solid waste removal- $10,000; ATV trespass; moving from east to west on the parcel is a problem due to presence of railroad parcel; 3 easements on parcel — shown on map in red (Rail - 130'), orange (FPL- -- -- 50') and pink (stormwater -30'). • Partnership Opportunities: Florida Communities Trust Grant potential �rM . • TDRs associated: None associated • Owner would be willing to sell half of parcels, separated as east 34.5 acres and west 25.5 acres Agenda Item No. 10A January 23, 2007 Page 11 of 30 Surrounding land uses: • North: Railhead Scrub Preserve, Industrial park • East: Undeveloped residential, future high school • South: Industrial, golf course West: residential — mobile home parks 11 CCLAAC Recommendation: A -List Parcel Name: Starnes Target Protection Area: non TPA – Rural Lands Mixed Use District - Acreage: 367 ac Estimated Market Value: $3.6 million Highlights: • Location: S30 T46 R28 – bordering on Lee County line; Surrounded by CREW /South Florida Water Management District (SFWMD) lands • Met 5 out of 6 Initial Screening Criteria: Native habitat -ves; human social values -yes; water resource values -yes; biodiversity -yes; connectivity- marginal; within another Agency project boundary -no • Habitat: 3 native communities - hardwood forest, marsh, prairie • Listed Species obsvd: Alligator, egret, limpkin, sandhill crane; Least cost panther pathway traverses eastern edge of property • Water Resource values: low for Tamiami aquifer & moderate surficial aquifer recharge; contains numerous ponds well used by wildlife within a N/S running slough • Connectivity: Connected on 3 sides to CREW lands already under SFWMD management • Utilities /Transportation interest: Utilities -No; Transportation -No • Access: physical and legal access from Corkscrew Road • Restoration needs: Less than 25% exotics obsvd; minor re- grading (furrows) and plugging some ditches to restore surface water flow advisable • Management issues / estimated costs: SFWMD management - approx 510,000 per year; property already fenced; signs - $2,500; parking area $15,000 • Partnership Opportunities: $300K contribution by CREIA' Trust; Management by SFy'1 MD under existing CREW management plan and management Memorandum of Agreement • Rural Lands Stewardship Credits associated: Approx 234 without recto —tion4 another 400 ossible with restoration translating into Agenda Item No. 10A January 23, 2007 Page 12 of 30 p _ r potential between 29 and 79 acres of increased development 41 2 -4 development units per acre depending on receiving area zoning. There is currently no movement in the market for stewardship credits. Owner conceptually willing to remove credits - depends on details. TTL Potential exists for 3rd party to buy, strip credits and resell to �- °•M County for discount price. • Property has active oil, gas & mineral rights lease. • Owner would like cattle grazing lease CREW Manager reports this is do -able under management plan. Owner willing to discount price in return. • Transportation Dept. has indicated they may be willing to buy for Panther Mitigation Credits and donate to Conservation Collier, however, they do not have dedicated funding at this time. Surrounding land uses: • Conservation – CREW lands owned and managed by SFWMD 12 taa score: ve Least cost panther pathway r p _ r potential between 29 and 79 acres of increased development 41 2 -4 development units per acre depending on receiving area zoning. There is currently no movement in the market for stewardship credits. Owner conceptually willing to remove credits - depends on details. TTL Potential exists for 3rd party to buy, strip credits and resell to �- °•M County for discount price. • Property has active oil, gas & mineral rights lease. • Owner would like cattle grazing lease CREW Manager reports this is do -able under management plan. Owner willing to discount price in return. • Transportation Dept. has indicated they may be willing to buy for Panther Mitigation Credits and donate to Conservation Collier, however, they do not have dedicated funding at this time. Surrounding land uses: • Conservation – CREW lands owned and managed by SFWMD 12 taa score: ve Agenda Item No. 10A CC'LAAC Recommendation: :h -List AgJanuary 233, , 2007 Parcel Name: Winchester Head Multi - parcel Project Page of 30 Acreage: Entire Project —141 -acres Target Protection Area: NGGE Estimated Market Value : 566,000 per acre — total estimated costs if acquired today - 58.7 million; projected costs over 5 years closer to SI1 million. Highlights: • Location: North Golden Gate Estates, Unit 65, along 39th and 37th Aves. NE, east of Immokalee Rd and north of CR 858 (Oil Well Rd.) • Met 5 out of 6 Initial Screening Criteria, Native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; within another agency project boundary -no • Habitat: 4 native plant communities, mixed wetland hardwoods, cypress, cypress /pine /cabbage palm and freshwater marsh. • Listed species: 3 listed plant species were observed, no listed wildlife species were observed, though habitat and location would support several listed species (alligator, black bear, woodstork and limpkin). Frogwatch has documented high frog activity. • Water Resource Values: Entire project area is DEP identified wetlands, contributes substantially to surficial aquifer. Acquisition would assist in area flood control, is part of functioning slough connected to Camp Keais Strand. • Connectivity: no direct connection — closest CREW 3 mi NW, next Florida Panther NWR — 5 mi SE • Utilities /Trans interest: Utilities- yes (wells), Trans -no • Access: 37th Ave NE, 391h Ave. NE (paved) and 41St Ave. NE (unpaved) are public roads • Restoration needs: Exotics exist along roads and edges but interior is free of exotics. • Management Issues: Exotics removal or access development done piecemeal on scattered properties would be problematic. .u« • Partnership Opportunities: Collier Soil and Water Conservation District has indicated interest in purchasing in this location but has no current funding. • TDRs associated — none. • Other: DEP has denied wetland impact permits within identified due to cumulative impacts ( „ • Applications have been submitted for 30.29 acres (see snap parcels in yellow); County currently owns 8.88 acres for which $275,000 was paid (see map parcels in red). Approx. 104 acres remain within project boundaries (see mapped parcels uncolored). Surrounding land uses: • N: Estates residential • S: Estates residential • W: Estates residential • E: Estates residential, canal and quarry site 13 Agenda Item No. 10A January 23, 2007 Page 14 of 30 CCLAAC Recommendation: B -List Parcel Name: Camp Keais Strand Target Protection Area: FSA/HSA Acreage: 149.77 acres total Estimated Market Value: 2005: $338,100 ($1,500 - $2,000 per acre); 2007: $290,000 ($1,800 - $2,000 per acre) Highlights: • Location: Rural Lands Flow -way Stewardship and Habitat Stewardship areas, S31 &32, T48, R29 • Met 5 out of 6 Initial Screening Criteria: Native habitat -,yes; human social values -no; water resource values -yes; biodiversity -ves; connectivity -yes; within another Agency project boundary -yes (Florida Forever & SFWMD) • Habitat: Cypress, freshwater marsh, small portion of pine flatwood • Listed species: bird rookery observed and documented, listed wading birds and alligators likely • Water Resource Values: depressional and slough soils, minimal upland soils, wetlands onsite, low Tamiami aquifer recharge, moderate to surficial aquifer recharge • Restoration needs: none • Connectivity: Within identified flow -way and habitat stewardship areas, approx. 3 miles north of and ecologically connected to Florida Panther NWR • Utilities /Transportation Interest? Utilities -No; Transportation -No • Access: none at present • Restoration needs: none • Management Issues / Estimated costs: not able to access for management- No estimated costs until well into the future • Partnership Opportunities: The state (Division of State Lands and South Florida Water Management District) does not have interest in buying them despite Project status (Florida Forever A- list). • Stewardship Credits associated: estimated approx 300 total available, or approx 37 acres of increased development at 2 -4 units per acre, dependinir on ronin- in receiving area Individual owners have little Coasorvatio» C*IN.r Camp Ksala Aarlal Map iwllon. Jf MGdS TefYMry M0 i interest in separating credits. • Parcels on map with blue stars have been sold since originally offered or owners are no longer interested in offering. • Approx 150 acres are currently offered (red parcels on map without blue stars) Surrounding land uses: • North: Agricultural operations and undeveloped wetlands • East: Agricultural operations and undeveloped wetlands • South: Agricultural operations, undeveloped wetlands and Florida Panther National Wildlife Refuge • West: Agricultural operations and undeveloped wetlands 14 CCLAAC Recommendation: B -List Parcel Name: ALM LLC (Lopez) Target Protection Area: NGGE Acreage: 6.67 acres Estimated Market Value: $261,000 Highlights: Agenda Item No. 10A January 23, 2007 Page 15 of 30 • Location: NGGE Unit 92 A —north of I -75, east of Everglades Blvd., west of Desoto • Met 4 out of 6 Initial Screening Criteria: native habitat- yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity -no; within another agencies project boundary -no • Habitat: Cypress — Pine — Cabbage Palm • Listed Species: Potential for Florida panther • Water Resource values: contains wetland soil types though hydrology has changed to a drier site, low Tamiami aquifer recharge, and moderate surficial aquifer recharge • Connectivity: It is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPNWR) to the east, however it is separated by Desoto and the Harley Davidson Test Track. Picayune Strand State Forest is located across I -75 to the south. A private wildlife preserve — Naithloriendun - is nearby to the east bit not directly connected. • Utilities /Transportation interest: no stated interest • Access: from an unpaved road, 42nd Ave SE. This road is within the FDOT 1 -75 ROW. The property owners have the right of ingress and egress, however, neither Too.IEeen: FDOT for the County mamtams the road. If CC were to purchase here and provide public access, we would need to maintain the road ourselves. • Restoration needs: major exotic removal • Management issues / estimated costs: exotics, provide and manage public access / exotics removal, fencing, trail, signage- $20,100 + • Partnership Opportunities: None known • TDRs associated: None • Other: Old concrete foundation remains on site from a previously demolished structure • Map shows parcels targeted in yellow and applications received in red. Surrounding land uses: • North, East and West: vacant estates residential • East- Harley Davidson Test track and FPNWR • South: I -75 and Picayune Strand State Forest 15 CCLAAC Recommendation: B -List Parcel Name: Argav Target Protection Area: NGGE Acreage: 7.05 acres Estimated Market Value: $270,000 Highlights: el Agenda Item No. 10A January 23, 2007 Page 16 of 30 • Location: NGGE Unit 91 A —north of I -75 -east of Everglades Blvd. west of Desoto • Met 3 out of 6 Initial Screening Criteria: native habitat -yes; human social values -no (mainly due to accessibility problems and 1 ac o T visibility from public roadways) water resource values -yes; biodiversity- yes; connectivity -no; within another agencies project boundary -no • Habitat: mixed wetland hardwoods • Listed Species: I plant found, Common wild pine (bromeliad) and potential for listed wading birds and Florida panther • Water Resource values: contains wetland soil types, low Tamiami aquifer recharge, and moderate surficial aquifer recharge • Connectivity: It is within a historic wetland that connects with the Florida Panther National Wildlife Refuge ( FPNWR) to the east, however it is separated by the Harley Davidson Test Track. Picayune Strand State Forest is located across I -75 to the south. A private wildlife preserve — Naithloriendun - is nearby to the east bit not directly connected. • Utilities /Transportation interest: no stated interest • Access: a dirt unpaved track that is part of the FDOT I -75 ROW • Restoration needs: major exotic removal • Management issues / estimated costs: exotics, provide and manage public access / exotics removal, fencing, trail, signage- $21,100 + • Partnership Opportunities: None known • TDRs associated: None • V'lap shmNs parcels targeted in yellow and applications received in red. TeY19 19] ._._ r _.._ i. __.._... T..._....' i Surrounding land uses: • North and West: vacant estates residential and private nature preserve (Naithloriendun) • East- Harley Davidson Test track and FPNWR • South: I -75 and Picayune Strand State Forest 16 CCLAAC Recommendation: B -List Parcel Name: Arias (2 adjacent parcels) Target Protection Area: NGGE Acreage: 6.94 acres for both parcels Estimated Market Value: $ 164,320 (3.16 acre parcel) $ 196,560 (3.38 acre parcel) Highlights: • Location: NGGE Unit 91 A —N of I -75; E of Everglades Blvd.; W of Desoto • Met 3 out of 6 Initial Screening Criteria: native habitat -yes; human social values -no (mainly due to accessibility problems and lack of visibility from public roadways); water resource values - yes; biodiversity -yes; connectivity -no; within another agencies project boundary -no • Habitat: cypress, pine and cabbage palm • Listed Species: 1 plant found, Common wild pine (bromeliad) and potential for listed wading birds and Florida panther • Water Resource values: upland and wetland slough soil types, low Tamiami aquifer recharge, moderate surficial aquifer recharge • Connectivity: It is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPNWR) to the east, however it is separated by the Harley Davidson Test Track. Picayune Strand State Forest is located across I -75 to the south. • Utilities /Transportation interest: no stated interest • Access: a dirt unpaved track that is part of the FDOT I -75 ROW • Restoration needs: major exotic removal • Management issues / estimated costs: exotics, provide and manage public access / exotics removal, fencing, trail, signage- $21,100 +; parking adds approx 27,500 to total. • Partnership Opportunities: None known • TDRs associated: None • Map shows parcels targeted in yellow and applications received in red. Agenda Item No. 10A January 23, 2007 Page 17 of 30 Surrounding land uses: • North, East and West: vacant estates residential and private nature preserve (Naithloriendun) • East- Harley Davidson Test track and FPNWR • South: I -75 and Picayune Strand State Forest 17 CCLAAC Recommendation: Q -List Parcel Name: Ayra — I -75 Parcel Target Protection Area: NGGE Acreage: 3.18 acres Estimated Market Value: $ 147,000 Highlights: • Location: NGGE Unit 91 A —N of I -75; E of Everglades Blvd.; W of Desoto • Met 3 out of 6 Initial Screening Criteria: native habitat -yes; human social values -no; (mainly due to accessibility problems and lack of visibility from public roadways) water resource values -yes; biodiversity -yes; connectivity -no; within another agencies project boundary -no • Habitat: cypress slough, pine and cabbage palm • Listed Species: 1 plant found, Common wild pine (bromeliad); potential for listed wading birds and Florida panther • Water Resource values: Upland and wetland slough soil types, low Tamiami aquifer recharge, moderate surficial aquifer recharge • Connectivity: It is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPNWR) to the E, however it is separated by the Harley Davidson Test Track. Picayune Strand State Forest is located across I -75 to the S. Adjoins a privately -owned informal wildlife preserve - Naithloriendun • Utilities /Transportation interest: no stated interest • Access: a dirt un aved track that is art of the FDOT I -75 ROW Agenda Item No. 10A January 23, 2007 Page 18 of 30 p p • Restoration needs: major exotic removal • Management issues / estimated costs: exotics, provide and manage public access / exotics removal, parking, fencing, trail, signage- $9,100 + • Partnership Opportunities: None known • TDRs associated: None • Nlap shows parcels targeted in yello-tv and applications received in red. Surrounding land uses: • North, East and West: vacant estates residential and private nature preserve (Naithloriendun) • East- Harley Davidson Test track and FPNWR • South: I -75 and Picayune Strand State Forest 18 CCLAAC Recommendation: B -List Parcel Name: Fernandez — I -75 Parcel Target Protection Area: NGGE Acreage: 3.35 acres Estimated Market Value: $175,000 Highlights: • Location: NGGE Unit 91 A —N of I -75, E of Everglades Blvd., W of Desoto • Met 4 out of 6 Initial Screening Criteria: native habitat -yes; human social values -yes; water resource values -,yes; biodiversity -yes; connectivity -no; within another agencies project boundary -no • Habitat: Cypress — Pine — Cabbage Palm • Listed Species: Terrestrial Orchid (Habeneria spp.)(E) and Common wild pine (Tillandsia spp.)(E) and potential for Florida panther • Water Resource values: contains wetland soil types, low Tarmami aquifer recharge, and moderate surficial aquifer recharge • Connectivity: It is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPNVVR) to the east, however it is separated by the Harley Davidson Test Track. Picayune Strand State Forest is located across I -75 to the south. A private wildlife preserve — Naithloriendun - is nearby to the east bit not directly connected. Agenda item No. 10A January 23; 2007 Page 19 of 30 - IIV ■■■■ ■ ■ ■■ m • Utilities /Transportation interest: no stated interest • Access: from an unpaved road, 42nd Ave SE. This road is within the FDOT I -75 ROW. The property owners have the right of ingress and egress, however, neither FDOT for the County maintains the road. If CC were to purchase here and provide public access, we would need to maintain the road. • Restoration needs: significant exotic removal • Management issues / estimated costs: exotics, provide and manage public access / exotics removal, fencing, trail, signage- $9,200 +; parking adds approx 27,500 to total. • Partnership Opportunities: None known • TDRs associated: None • Map shows parcels targeted in yellow and applications received in red. Surrounding land uses: • North, East and West: vacant estates residential and to the east is a privately -owned wildlife preserve - Naithloriendun • East- Desoto Blvd, Harley Davidson Test track and FPNWR • South: I -75 and Picayune Strand State Forest 19 CCLAAC Recommendation: B -List Parcel Name: Mohabir Target Protection Area: NGGE Acreage: 6.70 acres Estimated Market Value: $260,000 Highlights: • Location: NGGE Unit 92 A —north of I -75, east of Everglades Blvd., west of Desoto • Met 4 out of 6 Initial Screening Criteria: native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity -no; within another agencies project boundary -no • Habitat: Cypress — Pine — Cabbage Palm • Listed Species: Terrestrial Orchid (Habeneria spp.)(E), both Common (E), and inflated wild pine (T) (Tillandsia spp.) and potential for Florida panther • Water Resource values: contains wetland soil types though hydrology has changed to a drier site, low Tamiami aquifer recharge, and moderate surficial aquifer recharge • Connectivity: It is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPN)AIR) to the east, however it is separated by Desoto and the Harley Davidson Test Track. Picayune Strand State Forest is located across I -75 to the south. • Utilities /Transportation interest: no stated interest • Access: from an unpaved road, 42nd Ave SE. This road is Agenda Item No. 10A January 23, 2007 Page 20 of 30 within the FDOT I -75 ROW. The property owners have the right of ingress and egress, however, neither FDOT for the County maintains the road. If CC were to purchase here and provide public access, we would need to maintain the road. • Restoration needs: major exotic removal • Management issues / estimated costs: exotics, provide and manage public access / exotics removal, fencing, trail, signage - 521,100 + • Partnership Opportunities: None known • TDRs associated: None • Map shows parcels targeted in yellow and applications received in red. Surrounding land uses: • North, East and West: vacant estates residential • East- Harley Davidson Test track and FPNWR • South: I -75 and Picayune Strand State Forest 20 .. CCLAAC Recommendation: B -List Parcel Name: Velez Target Protection Area: NGGE Acreage: 6.76 acres Estimated Market Value: $270,000 Highlights: • Location: NGGE Unit 92 A —north of I -75, east of Everglades Blvd., west of Desoto • Met 4 out of 6 Initial Screening Criteria: native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity -no; within another agencies project boundary -no • Habitat: Cypress — Pine — Cabbage Palm and Mixed Wetland Hardwoods • Listed Species: Common wild pine (E) (Tillandsia spp.) and potential for Florida panther • Water Resource values: northern portion contains wetland soils, low Tamiami aquifer recharge, and moderate surficial aquifer recharge • Connectivity: It is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPN vM) to the east, however it is separated by Desoto and the Harley Davidson Test Track. Picayune Strand State Forest is located across I -75 to the south. Everglades Blvd. and developable lots separate the connectivity to the Rural Fringe Mixed Used District. • Utilities /Transportation interest: no stated interest Agenda Item No. 10A January 23, 2007 Page 21 of 30 --- • Access: from an unpaved road, 42nd Ave SE. This road is within the FDOT I -75 ROW. The property owners have the right of ingress and egress, however, neither FDOT for the County maintains the road. If CC were to purchase here and provide public access, we would need to maintain the road ourselves. • Restoration needs: major exotic removal • Management issues / estimated costs: exotics, provide and manage public access / exotics removal, parking, fencing, trail, signage - $14,100+ • Partnership Opportunities: None known • TDRs associated: None • Other: Abandoned structure exists on site, south half of site has also been previously cleared exotic grasses have infested • Map shows parcels targeted in yellow and applications received in red. Surrounding land uses: • North- vacant residential estates lots • East- two developed single family residential estates lots, canal, Harley Davidson Test track and FPNWR • South: I -75 and Picayune Strand State Forest 21 CCLAAC Recommendation: B -List Parcel Name: Kirby Target Protection Area: Non TPA/Rural Fringe Mixed Use District Acreage: 1 ac Estimated Market Value: 2007- $90,000 Highlights: • Location: S24 T49 R26 — Approx. 1 mile east of CR 951 and Golden Gate City • Met 5 out of 6 Initial Screening Criteria: Native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity - marginal; within another Agency project boundary -no • Habitat: Mixed hardwood forest — mesic pine and cypress • Listed Species: None observed • Water Resource values: low Tamiami aquifer & moderate surficial aquifer recharge; wetland soil type (slough) • Connectivity: Connects to adjacent Conservation Collier Preserve • Utilities/Transportation interest: Utilities -No; Transportation -Yes — potential future Wilson Blvd Ext. (16 "' Ave SW) • Access: physical access from Blue Sage Dr — unpaved private road. Legal access exists though Conservation Collier land but is undeveloped at present. • Restoration needs: Less than 25% exotics at road edge & scattered within • Management issues / estimated costs: Minimal exotics, no w active management anticipated until road location resolved ' • Partnership Opportunities: None known • TDRs associated: None at present but Section 24 recommended as ``sending" lands and if approved. 'I'D program will apply — 4 TDRs possible. Owners aware of BCC purchase Policy for lands with TDRs Surrounding land uses: • North: NGGE — single family residential across canal • East: Section 24 lands and NGGE residential • South: Section 24, residential, plant nursery, golf course • West: NGGE — single family residential across canal 22 Agenda Item No. 10A January 23, 2007 Page 22 of 30 CouoervoUO Collier Nbby Pmporty 8 -ndirp rands Await Mop � wweHwrne�mY ♦eryswe_ mi 1 CCLAAC Recommendation: B -List Parcel Name: Murphy Target Protection Area: Non TPA/Rural Fringe Mixed Use District Acreage: 1 ac Estimated Market Value: $190,000 Highlights: • Location: S24 T49 R26 — Approx. 1 mile east of CR 951 and Golden Gate City • Met 4 out of 6 Initial Screening Criteria: Native habitat -yes; human social values -no; water resource values -yes; biodiversity -yes; connectivity - marginal; within another Agency project boundary -no • Habitat: Mixed hardwood forest — pine flatwood • Listed Species: 2 plants — bromeliad and orchid • Water Resource values: low Tamiami aquifer & moderate surficial aquifer recharge; wetland soil type (slough) • Connectivity: Connects ecologically to adjacent Conservation Collier Preserve but 2 half -acre parcels remain in- between — owned by Hideout Golf course (purchased as buffers for golf course and would not want public access along golf course edge) • Utilities/Transportation interest: Utilities -No; r Transportation -No r • Access: physical access from Blue Sage Dr., a private unpaved road • Restoration needs: Between 25% and 50% of plant cover is exotic, blow -over tree debris needs removal • Management issues / estimated costs: Exotics removal $3,000, small sign $100 • Partnership Opportunities: None known R I' V b 5 24 Agenda Item No. 10A January 23, 2007 Page 23 of 30 Conservation Collier Murphy Aerial Map . • fD _ s assoc ate , one at present ut ectlon recommended as "sending- lands and if approved, TDR program will apph — 4 TDRs possible. Owner and agent are aware of BCC purchase policy for lands with TDRs Surrounding land uses: • North: NGGE — single family residential across canal • East: Section 24 lands and NGGE residential • South: Section 24, residential, plant nursery, golf course • West: NGGE — single family residential across canal 23 Agenda Item No. 10A January 23, 2007 Page 24 of 30 CCLAAC Recommendation: C -List Parcel Name: Abercia Target Protection Area: Urban Acreage: 16.19 acres Estimated Market Value: $ Undetermined due to ongoing uncertainty about location of PUD preserve Highlights: • Location: Intersection of C.R. 951 and Magnolia Pond Dr. in the Golden Gate Commerce PUD, next to Noah's Landing 534, T49, R26 • Met 4 out of 6 Initial Screening Criteria: Native habitat -y( resource values -,yes; biodiversity -,yes; connectivity -no; within another Agency project boundary -no • Habitat: pine flatwood and upland scrub • Listed species: Gopher tortoise; Butterfly orchid • Water Resource Values: 75% Upland soil type, 25% slough soils,; moderate Tamiami recharge, high surficial recharge • Connectivity: low, surrounded by I -75, CR 951 and Golden Gate canal • Restoration needs: Exotics removal • Utilities /Transportation interest: Utilities — yes (vveil); Trans — No; a 45' drainage easement exists along western side of property and parcel contains road easement and pond easements on eastern side • Access: Paved road (Magnolia Pond Dr.) w/ public ROW along south side of property, County does not maintain Magnolia Pond Dr. • Restoration needs: No restoration needed beyond exotic removal • Management Issues: Exotic removal; manage for listed species ALHtl� 7a 1l pre: 2I1 I • Estimated needs /costs: Exotics, parking, ADA trail & sign - $54,000+ • TDRs associated: None • Issues: Road easement and surface water management ponds must be removed from parcel and PUD preserve location must be fixed to assure PITD Preserve lands are not purchased. Surrounding land uses: • North: Canal and Estates residential • East: Commercial portion of PUD, C.R. 951, developing PUD (Citygate) • South: Undeveloped PUD, I -75 • West: Undeveloped PUD, 2 schools, residential 24 CCLAAC Recommendation: C -List Parcel Name: Blake Target Protection Area: n/a (RFMUD- Neutral) "- Acreage: 4.77 acres Estimated Market Value: 2005 - $81,000; Updated 2007 - $167,000 Highlights: • Located: Rural Fringe Neutral Lands, one parcel east of Corkscrew Swamp Sanctuary S27, T47, R27 • Met 4 out of 6 Initial Screening Criteria: Native habitat - marginal; human social values -no; water resource values -yes; biodiversity- marginal; connectivity -yes; within another Agency project boundary - no • Habitat: Exotic wetland hardwoods • Listed species: No listed animal or plant species observed, bobcats seen by neighbor • Water Resource Values: half wetland & half upland soils, moderate Tamiami aquifer recharge, high surficial aquifer recharge • Restoration needs: remove exotics, grade furrows (is old Ag land), replant • Connectivity: One parcel between this and Corkscrew Swamp Sanctuary • Utilities /Transportation Interest? Utilities -Yes (well); Transportation -No • Access: Unpaved private road (Platt Rd.) accesses SE corner • TDRs associated: None • Management Issues: Heavy exotics, extensive restoration • Estimated needs and costs- Exotics removal, parking, trail, sign $48,600+ Surrounding land uses: • North: undeveloped and developed rural residential • East: undeveloped and developed rural residential, Immokalee Rd. • South: developed rural residential, agriculture • West: undeveloped agriculture /residential & Corkscrew Swamp Sanctuary 25 Agenda Item No. 10A January 23, 2007 Page 25 of 30 NCnYrN��• CN rNTe <r. CCLAAC Recommendation: C-List Agenda Item No. 10A Parcel Name: Campbell JanPar e 6 off 30 9 Target Protection Area: Sending Acreage: 4.77 Estimated Market Value: $86,000 — 2005 value before removal of TDRs; 2006Assessed value - $97,785; 2007 estimated value $86,000 before removal of TDRs; after removal value would be similar to mitigation value - $3,000 - 55,000 per acre — or $14,000 - $39,000, less the cost to remove exotics. Highlights: • Location: Rural Fringe Sending Lands/NRPA north of Heritage Bay PUD, 511, T48, R26 • Met 4 out of 6 Initial Screening Criteria: Native habitat - yes; human social values -no; water resource values -ves; biodiversity -yes; connectivity -yes; within another Agency project boundary -no • Habitat: Cypress & cypress- pine - cabbage palm • Listed species: Listed bromeliads, within Priority -1 panther habitat, potential for listed wading birds • Water Resource Values: Seasonal wetland, wetland soils, low Tamiami aquifer recharge, moderate surficial aquifer recharge • Connectivity: surrounded by developer mitigation lands and ecologically connected to Corkscrew wetland system • Utilities /Transportation Interest? Utilities -No; Transportation -No • Access: legal access (un- cleared easements) but no physical access • Restoration needs: none • Management Issues/ Estimated costs: Exotics removal, parking, trail, sign: $16,500 plus cost for developing access; could partner with exotic removal efforts on surrounding mitigation lands • TDRs associated: Potential total of 4. Value of TDRs- 525,000 - 550,000 — Owner is willing to sever a total of 2, but would not be interested in developing a management plan, exotics removal or conveyance to a public entity. Discounting of land by the amount it would cost is not an attractive option to the owner. Surrounding land uses: • North: vacant Ag -zoned Rural Fringe "sending" lands, conservation lands • East: vacant Ag -zoned Rural Fringe "sending" lands, conservation lands, Corkscrew wetlands system • South: vacant Ag -zoned Rural Fringe "sending" lands, conservation lands, Heritage Bay PUD • West: vacant Ag -zoned Rural Fringe "sending" lands, coming large PUD - Parklands 26 CCLAAC Recommendation: C -List (Project is currently on the A -List) Parcel Name: Fleischmann parcel (Eastern wetland portion only) Target Protection Area: Urban Acreage: 13 +/- acres Estimated Value: 2007 - $2,000,000 Highlights: Agenda Item No. 10A January 23, 2007 Page 27 of 30 • Location: North side of Golden Gate Parkway Extension where the Gordon River Channel passes under the roadbed. • Met 5 out of 6 Initial Screening Criteria, native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity -yes; within another Agency project boundary -no • Habitat: Mixed wetland hardwoods and mangroves — substantial amount of exotics (50 -75 %) • Listed species: Listed plant were observed. One listed bird species was observed- tricolor heron (State - SSC). FFWCC Species Richness score is 2 -3 out of 10 (low) • Water Resource Values: Contributes minimally to aquifer recharge, but has well field protection zone ST overlay and buffers Gordon River. Can be expected to contain some floodwaters. Acquisition could aid in water quality protection for Gordon River. • Utilities /Transportation Interest: None • Access: through Water Quality Park • Restoration needs: None anticipated beyond exotic removal • Management Issues / Estimated costs: Quarterly exotic management needed for several years, - Approx $20,000 per year; Note approx 1300 feet of raised boardwalk and 3 pavilions shown on plan — estimated cost - $700,000 • Partnership Opportunities: Potential to partner with Stormwater Dept. for ongoing exotic management; Note: Stornm ater has already received an approximate S6 million FCT grant for project costs. Other grants received include S million for 10 years from Big Cypress Basin, to be used for reimbursement of land costs, and $850,000 from the South Florida Water Management District for project costs. Another 51.3 million has been applied for from EPA, also for project costs. • TDRs associated: none — parcel within City of Naples jurisdiction • Other: Stormwater is still in the permitting phase of the project, which includes the entire 50 acres upland and wetlands Surrounding land uses: N - golf course and residential (Wilderness), vacant commercial (possible 72,000 sq. ft. office /medical bldg.), preserve (Grey Oaks) S - vacant commercial and Greenway Project, golf course & residential (Bear's Paw) E -Bear's Paw W — County's Water Quality Park Project, school (Naples High) and commercial (Coastland Center). 27 CCLAAC Recommendation: C -List Parcel Name: Narsiff -2 Target Protection Area: n/a (Rural Fringe- Neutral) Acreage: 21.88 acres Estimated Market Value: 2005 — $420,000; 2006 assessed value - $481,360 — estimated 2007 value $415,720 — slightly lower due to consideration of Friendship Lane separating the parcel into 2 pieces. Highlights: • Location: Rural Fringe Neutral Lands, north of Immokalee Road in Big Corkscrew Island S25, T47, R27 • Met 5 out of 6 Initial Screening Criteria: Native habitat -yes; human social values -yes; water resource values -yes; biodiversity -yes; connectivity - marginal; within another Agency project boundary -no • Habitat: pine flatwood, wet prairie and fallow agricultural field • Listed Species: White ibis observed, potential for listed wading birds, alligator • Water Resource values: contains ,year -round & seasonal wetlands, upland & wetland soils, low Tamiami aquifer & moderate surficial aquifer recharge • Connectivity: Slough connects to Corkscrew Swamp Sanctuary (approx. 1 mile to the west), though bisected by Immokalee Rd. • Utilities /Transportation interest: Utilities -Yes (,vN7clls); Transportation -No Agenda Item No. 10A January 23; 2007 Page 28 of 30 T..1$.: 193 v i • Access: via unpaved private road (Friendship Ln.) I • Restoration needs: NW corner approx 4 ac is old farm field — plantings needed (would need irrigation provided) • Management issues / estimated costs: Minimal exotics, provide and manage public access / Exotics removal, parking, fencing, trail, sign, rest room & kiosk $180,000+ • Partnership Opportunities: None known • TDRs associated: None Surrounding land uses: • North: Rural residential and agriculture East: fill quarry (Big Island Excavating, Inc -183 ac) and Estates residential South: Undeveloped rural residential, agriculture West: Rural residential and agriculture 28 CCLAAC Recommendation: C -List Agenda Item No. 10A January 23, 2007 Parcel Name: Peters Page 29 of 30 Target Protection Area: n/a (RFMUD- Neutral) Acreage: approx. 5.0 Estimated Market Value: 2005 - $82,000 (conservation easement); 2007 - $86,240 (conservation easement including access easement) Note: Owners are offering easement, not fee simple. Acreage under easement would remain at approx. 5 acres and include access to Rookery Lane. Owners and staff have agreed to potential easement conditions: County to manage, public access in perpetuity, right to fence, no claims on public nuisance or noise, owner's access limited to same as general public, no vehicular use. Highlights: • Location: Rural Fringe Neutral Lands, in Big Corkscrew Island S22, T47, R27 • Met 5 out of 6 Initial Screening Criteria: Native habitat -yes; human social values - marginal; water resource values -yes; biodiversity -yes; connectivity -yes; within another Agency project boundary -no • Habitat: Pine flatwood (previously cleared), Willow, Cypress, Freshwater marsh • Listed species: 4 listed plants; potential habitat for wading birds, observed by owner: alligator, big cypress fox squirrel, black bear, wood stork. • Water Resource Values: Upland and wetland soil types, wetlands on site, low Tamiami aquifer recharge, moderate surficial aquifer recharge • Connectivity: Directly next to Corkscrew Swamp Sanctuary across Sanctuary Rd. Consorvafion Collier Peters Aerial Map ■■■■� • Utilities /Transportation Interest? Utilities -No; Transportation -No • Access: From private unpaved Rd. (Sanctuary Rd.) on the west • Restoration needs: could need replanting after exotic removal on north side • Management Issues/Estimated costs: Numerous mature exotics in pine area on north side, parking, fencing, trail (adding ADA section), sign: $70,500+ • TDRs associated: None Surrounding land uses: • North: Developed and undeveloped rural residential and agriculture • East: Developed and undeveloped rural residential and agriculture • South: Developed and undeveloped rural residential and agriculture • West: Developed and undeveloped rural residential and agriculture & Corkscrew Swamp Sanctuary 29 Agenda Item No. 10A January 23, 2007 Page 30 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 101x. Item Summary: This iiem to oe heard at 11.00 a m Recommendation to aporove the fourth Conservation Collier �ciive Acquisltior List and direction for the County Manager or his designee to aCIvveiv oursue prolezts reddmmended Within the F: Category ijoseph K Schmitt, Administrator.. Community Development and Environmental Services Meeting Date: 1123!2007 9:00.00 AM Prepared By Alexandra J. Suiecki Senior Environmental Specialist Date Community Development & Environmental Services 11312007 3:58:52 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 11512007 7:38 APO Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1(5!2007 9:47 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 11812007 11:17 AM .Approved By William D. Lorenz. Jr.. P.E. Environmental Services Director Date Community Development & Services Environmental Se Environmental Services //812007 11:27 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development 8 Environmental Services Environmental Services Admin. 1;9.'2007 11:10 A h4 Approved By OMB Coordinator Applications Analyst - Date Administrative Services intormation Technology V1012007 10'08 Al,' Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 111012007 3:46 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/1212007 4'.17 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111712007 1249 PrA Commissioners Agenda Item No. 10B January 23, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners to establish an office in Immokalee. (A companion item to 14B to be heard after item 14 B is discussed by the CRA) OBJECTIVE: The purpose of this report is to request the Board of County Commissioners, dependent upon a favorable recommendation of the Collier County Community Redevelopment Agency (CRA), to authorize a full -time Immokalee Community Redevelopment Agency and Enterprise Zone Development Agency (EZDA) Office in Immokalee, similar to that operating in the Bayshore /Gateway Triangle Redevelopment Area. The proposed staff would be directly answerable to the CRA and the BCC through the direction of the Immokalee Redevelopment Area Advisory Board/Immokalee Enterprise Zone Development Agency. The adopted Immokalee Redevelopment Area Plan and the Attachment A list of projects and programs (pages 7- 11), developed as part of the current Master Planning and Visioning Process, will serve as the initial guide for actions to be implemented and carried out in Immokalee. CONSIDERATIONS: The Immokalee Redevelopment Area Advisory Board (CRA Advisory Board), an advisory Board to the CRA, operates under the direction given in CRA Resolution No. 2001 -98 which reads as follows: "SECTION 3. PURPOSE: Each advisory board is intended to be the primary source of community input to the Collier County Redevelopment Agency (the "CRA ") and to the CRA staff. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically, the purpose and duties of each advisory board shall be as follows: (a) review the applicable component redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including development of an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out Agenda Item Flo. 10B January 23, 2007 Page 2 of 15 and effectuate the purposes and provisions of the Act in the component redevelopment area; (c) receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA; and (d) review and comment on any redevelopment projects proposed in the advisory board's component redevelopment area. The Immokalee Enterprise Zone Development Agency (EZDA), an advisory Agency to the Board of County Commissioners, operates under the direction given in Section Seven of Ordinance 95 -22 which reads as follows: "SECTION SEVEN: The functions, powers and duties of the Agency shall include, but not be limited to the following: a. Assist in the development and implementation of the Strategic Plan. b. To oversee and monitor the implementation of the goals of the Strategic Plan. The EZDA shall make quarterly reports to the Board of County Commissioners (BCC) evaluating the progress in implementing the Strategic Plan. c. To identify and recommend to the BCC ways to remove regulatory barriers. d. To identify the financial needs of, and the local resources or assistance available to, eligible businesses in the zone. e. To promote through marketing and the advertising the development of the Enterprise Zone. The Agency may not transact business or exercise powers under Section 290.056(9), Florida Statutes." The economy of Immokalee has suffered severely since the late 1990's, and its economic recovery and effort to achieve economic self - sufficiency and redevelopment have been slow. Thanks to previous support given by the Board of County Commissioners, there are already a number of incentives available in Immokalee, including: a. Rural Enterprise Zone; b. Federal Enterprise Community; c. Community Redevelopment Area; d. State Area of Critical Economic Concern; e. Rural Area of Critical Economic Concern; and f. Collier County Economic Stimulus incentives, including Fee Payment Assistance Program, Job Creation Investment Program, Property Tax Stimulus Program, and the Advanced Broadband Infrastructure Investment Program. According to the CRA Advisory Board and the EZDA, there has not been a consistent and focused effort in Immokalee to promote and carry out most of the opportunities presented by these programs and designations. The CRA Advisory Board and the EZDA feel strongly that the lack of an Immokalee -based staff to carry out the 2 Agenda Item No. 10B January 23, 2007 Page 3 of 15 redevelopment and economic development programs of the CRA and the EZDA has been the primary reason for not having a greater degree of success. During its special September 6, 2006, meeting, the EZDA and CRA Advisory Board heard from the Hendry County Enterprise Zone and its Special Projects Coordinator, Ron Zimmerly, about how active the Enterprise Zone is in Hendry County. Hendry County has economic challenges similar to that in eastern Collier County and the Immokalee area, in particular. The CRA Advisory Board and EZDA find that the Immokalee Enterprise Zone, the Immokalee Redevelopment Area, and the many and varied economic incentive "tools" already in place are not supported by sufficient staff to aggressively carry out and implement their usage. At this time there is an approximate 1.00 staff equivalent assigned to Immokalee to: a. Administer the CRA contract with the RMPK Group geared to updating the lmmokalee Area Master Plan and Land Development Code; b. Assist and advise the Immokalee EZDA and CRA Advisory Board with such current projects as updating the Farmers' Market, constructing 10`h Street, aggressively promoting the use of the various economic incentive "tools" available to Immokalee, the proposed SR 29 Bypass, the FSU Medical School Satellite Training Center, review and make recommendations regarding current projects in and around the Immokalee Redevelopment Area and the Enterprise Zone; and C. Carry out all the functions and duties of the CRA Advisory Board and EZDA as outlined in the separate ordinances which created the Immokalee Redevelopment Advisory Board and EZDA. Given the preceding, the Immokalee EZDA and CRA Advisory Board, during its regular November 15, 2006, meeting unanimously recommended to request from the Board of County Commissioners and the CRA the establishment of a full time Immokalee EZDA and CRA Advisory Board office located in Immokalee to carry out the projects, programs and activities as envisioned by the CRA, CRA Advisory Board and the EZDA, as approved by the CRA and Board of County Commissioners. The office staff would be contract employees and function very similar to the Bayshore /Gateway Triangle Redevelopment Area staff and report to the CRA and the EZDA. Staff is proposed to include a director, a project /programs coordinator, and a support specialist. Unlike the Bayshore /Gateway Triangle Redevelopment Area staff, the staff would also carry out the roles and functions of both the CRA and the EZDA. The staff would also be directed by the Immokalee CRA Advisory Board and the EZDA on a daily basis. The office space is proposed to be located in an existing building being discussed for use as the Immokalee Area Chamber of Commerce Welcoming Center on the Robert's Ranch property. This facility would act as a comprehensive location for community and economic development activities and include staff from the Economic Development Council of Collier County working in cooperation with the Immokalee Chamber of Commerce and the CRA Advisory Board/EZDA staff. 3 Agenda Item No. 10B January 23, 2007 Page 4 of 15 Presently, the staff for the Immokalee CRA Advisory Board and EZDA is assigned to the Comprehensive Planning Department. If this request is approved and implemented, Comprehensive Planning Department staff would continue to be responsible for the preparation of annual reports of the EZDA and the coordination of the annual meetings of the CRA, both required by state statute and local ordinance. LEGAL CONSIDERATIONS: An investigation of the possibility of an Inter -local Agreement between the CRA and BCC to address cost sharing for operation of offices and human resource issues for employees may need to be addressed to implement this office. FISCAL IMPACT: This Executive Summary has referenced the Bayshore /Gateway CRA office and the intention to establish similar operations for the Immokalee CPA and EZDA. Funding for the Bayshore /Gateway CRA program including all overhead, capital and other program expenses is derived exclusively from the tax increment financing dollars generated from the District. No additional General Fund (001) or MSTD General Fund (I 11) operating support is provided to the Bayshore /Gateway CRA. Attachment B to this Executive Summary provides a five year budget projection for the Immokalee CRA (Fund 186) which attempts to identify available tax increment revenues together with known and estimated program expenses. While this multi -year plan did not envision staffing and overhead expense, it is clear from staff's perspective that Immokalee CRA (Fund 186) can support establishment of a joint office and related overhead expense benefiting the CRA and EZDA without infusion of General Fund dollars. It is estimated that $300,000 will be required initially to start the desired office operations commencing October 1, 2007. Attachment C to this Executive Summary offers adjustments to the five year plan with funding for office operations. Eliminating the current $85,000 salary support transfer to Fund (I 11) and adjusting contractual and capital program allocations is one funding alternative and would provide sufficient budget in year one without impacting reserves. It should be noted that sufficient reserves exist in year one to support the office operations without adjusting the capital program. This alternative is available in the event adjustments to the capital program are not recommended. Going forward, office operations would become part of the normal budgetary process. Notwithstanding the above analysis and contrary to staff's recommendation, the CRA Advisory Board and the EZDA are requesting that the General Fund (001) contribute $150,000 annually to offset expenses connected with the joint Immokalee CRA and EZDA office. The CRA Advisory Board and the EZDA would like the Board of County Commissioners to consider the following information as justification for the General Fund contribution: - 1. Additional use of the Enterprise Zone economic incentives thus encournma continued development and redevelopment in the Immokalee :I Agenda Item No. 10B January 23, 2007 Page 5 of 15 Area in accordance with the Goals and Objectives for the Immokalee Rural Enterprise Zone. For example, the August, 2006, Hendry County EZDA monthly report showed that a total of $187,124 in tax refunds had been applied for in the Hendry County Enterprise Zone just during that month by private investors seeking refunds on sales taxes paid on building materials, equipment materials, and jobs tax credits. These incentives, if actively promoted and implemented in Immokalee, are "real dollar" positive reinforcements for private investments and reinvestments in and around Immokalee. 2. Additional Use of Such Programs as the CDBG Program in Immokalee. There are many non - county funding sources, such as Community Development Block Grant program, designed to promote housing- opportunities for lower income families. Such opportunities exist in Immokalee and can be addressed with the availability of on -site staff time to seek, receive, and utilize such funds for specific projects and programs as authorized by the CRA and the BCC. 3. Continuation and expansion of the construction activity in Immokalee. As summarized in Attachment D on page 14, new construction in Immokalee has been significant during the past two years for the period of October 1, 2004, through September 30, 2006. There are a number of other future residential and non - residential projects within and immediately outside of the Immokalee Redevelopment Area which are being discussed for Fiscal Year 2007 and beyond. Examples of future new development include: a. Town of Ave Maria; b. Big Cypress; c. Collier Enterprise's Planned Immokalee Industrial Park Expansion of 580 acres and a 470 -acre moderately priced housing development southwest of the Immokalee Airport; d. Business attraction and expansion activities of the Economic Development Council of Collier County (EDC), which is aggressively promoting the Immokalee area to local companies in Western Collier County to relocate and expand into Immokalee. In addition, the EDC and Collier County anticipate participating in the State of Florida Catalyst Project, which is targeting high wage employers in the Health and Sciences industries to relocate to the south central Rural Area of Critical Economic Concern, which includes all of Immokalee, as well as Highlands, Okeechobee, Hendry, Hardee, Desoto and Glades counties. e. Expansion of the Arrowhead residential development; and f. Silver Strand industrial south of Immokalee. In summary, new construction and redevelopment opportunities within and surrounding Immokalee are expected to increase and Immokalee wishes to be an active participant in capturing some of the expected economic opportunities. STAFF RECOMMENDATION: Should the Board of County Commissioners decide to authorize the establishment of a joint office for the Immokalee CRA Advisory Board 5 Agenda Item No. 10B January 23, 2007 Page 6 of 15 and the EZDA beginning October 1, 2007, staff would recommend that said operations be funded exclusively within Immokalee CRA Fund (186) from tax increment financing dollars derived from the Immokalee CRA District. Prepared by: Thomas Greenwood, AICP Principal Planner Comprehensive Planning Department Attachment A .... Representative List of Projects and Programs Proposed in the Immokalee Master Plan Update Attachment B.....Immokalee CRA (Fund 186) Five Year Budget Projection Attachment C.....Five Year Budget Projection with Office Established Attachment D.....Permits Issued Summary Report ... Immokalee 10/1/04 to 9/30/06 6 Agenda Item No, 10B January 23, 2007 Page 7 of 15 ATTACHMENT A REPRESENTATIVE LIST OF PROJECTS AND PROGRAMS PROPOSED IMMOKALEE MASTER PLAN UPDATE NOVEMBER, 2006 The following list of Immokalee issues, concerns, and proposed programs and projects was developed by public input from focus group meetings, public meetings and work shops which took place during the period of October, 2005, through October, 2006. This public involvement is part of the Immokalee Master Plan Update and Local Development Code Update project. EDUCATION AND TRAINING • Forge new relationships between local governments, area students, and District School Board of Collier County - Expand career and workforce training services at One -Stop Center /Bethune Adult Education Center • Investigate opportunities to establish similar services at Ave Maria University • Expand child -care and early education programs at Redlands Migrant Christian Association • Increase availability of after - school programs and activities for middle school and high school students GOVERNMENT AND SOCIAL SERVICES - These services should be made available in Immokalee: Full -time permitting and planning office Court hearings for all cases DMV office Child support enforcement officers Social Security administration Animal control Code enforcement (weekends) Fingerprinting service (local, state, national) Domestic violence shelter Enlarged paramedic service Legal aid service Educational tutoring SR 29 CORRIDOR • Establish commercial, mixed -use, and institutional development on both sides of SR 29 leading north to SR 82 • Coordinate access management strategies, i.e., cross access and shared parking • Establish heightened design standards for all development in this area • Build up streetscape elements in coordination with commercial development • Coordinate future anchor commercial development with future road widenings or other transportation upgrade - Support retail and restaurant uses along SR 29 corridor 7 Aaenda Item No. 10B January 23. 2007 Page 8 of 15 • Develop new gateway and directional signage further north on SR 29 as new development occurs • Create an attractive business -park type environment for new professional offices that may include: Law firms Insurance firins Realty or housing finns Banks and other financial institutions Medical centers • Expand existing medical services around Marion E. Fether Medical Center with proposed FSU rural health clinic at Isabel Collier Read Healthpark • Consider creation of a full hospital in this area if feasibility for one develops • Provide widened range of specialized medical services, including obstetrics, senior care, palliative car, nursing care, mental health, and emergency care • Promote this area as a medical research center RESIDENTIAL ACTIVITY CENTERS • Residential neighborhoods can be "anchored" around nonresidential uses that serve the local resident base. Nonresidential uses help improve neighborhood quality and may include one or more of the following: Everyday or basic services Post office Bank Pharmacy Medical clinic Hardware store Service station Convenience store Daycare Church /Place of worship Discretionary retail services: Bookstore & coffee shop Restaurant Coffee shop Recreational and cultural facilities: Green park Community center Athletic courts Library with more computers Water park Bowling; movie theater, etc. Museums Art gallery • All housing should be within about one mile of a retail, institutional, or other resident - oriented use to promote walkability Agenda Item No. 10B January 23, 2007 Page 9 of 15 HOUSING IMPROVEMENT • Affordable, quality housing is a top priority for Immokalee • Encourage homeownership, particularly for lower income residents • Replacement housing is a primary focus for new housing initiatives in the community • Remove blighted housing stock and improve the perceived quality of certain neighborhoods • Increasing permissible housing density for replacement housing projects will improve the feasibility and interest in such projects from potential developers • Community revitalization organizations like Front Porch Florida and affiliated programs (i.e., Florida reBuilds, Weed and Seed) should be actively engaged throughout Immokalee's residential neighborhoods • Place priority on improving housing conditions in the South Immokalee district (between Main St and Arden Ave) • Support Habitat for Humanity projects STATE FARMERS' MARKET • Work with the Florida Governor's Office to remove obstacles to Farmer's Market redevelopment • Underused Farmers' Market is an ideal location for new tourism, cultural, and heritage uses • Various uses, including a weekly fruit and vegetable sale, arts & crafts and 3- dimensional art workshops, restaurants, etc. will augment the Market's appeal to residents and tourists • Promote the development of an agricultural incubator • Festivals, holiday celebrations, and other public gatherings should be encouraged in this area • Artists' studios and workshops should be developed • Support a new culinary arts school PARKS, RECREATION, CONSERVATION, LAKE TRAFFORD AREA • Promote recreational uses (fishing, boating & canoeing, bird watching, photography, airboat tours, hiking, and camping) • Promote hospitality uses (restaurants, bed - and - breakfasts, motels, visitors' center) • Upgrade existing parks (Ann Olesky Park, RV park) • Continue lake bottom dredging efforts to rehabilitate lake's shoreline • Remove invasive plants at shoreline and within littoral zone • Call for shoreline buffer preservation except at marina area (recreational tourism zone) • Permit retail uses (gift shops, sundry stores, concession stands, photo development, bait & tackle, equipment rentals) • Implement usage and design improvements to all existing parks as required • Design new parks on vacant parcels to serve the majority of Immokalee residents within a short walk of their homes • Create new active site programs for parks that will appeal to the community's youth MIXED USE DOWNTOWN CORE • Mixed -use program: ground floor retail with offices and residential on upper floors • Increased housing density within all mixed -use areas • Infill development considered a priority • Retail & commercial uses should cater to tourism, heritage, and hospitality markets • Town center "theming" should be explored as a means to create distinct downtown areas (i.e., Arts District, Restaurant District) • Major redevelopment opportunities exist throughout this area, particularly the large vacant parcels at the 11th Street /Main Street juncture. • New cultural facilities (particularly a performing arts center) are in demand and will increase the social and entertinment value of the Downtown Agenda Item No. 10B January 23. 2007 Page 10 of 15 • Pedestrian environment should be enhanced by way of streetscape improvements • Visual character and urban design standards should be held to a higher level in this area than the rest of Immokalee • Coordinate improvements and recommendations from the 1996 Main Street Design Guidelines • Provide incentives for substandard housing replacement and development in Main Street area • Explore opportunities to create a business start-up assistance center or service • Provide suitable buffers between commercial and residential or institutional land uses • Continue the Weed & Seed and Front Porch Florida programs to help with general community revitalization IMMOKALEE REGIONAL AIRPORT/FLORIDA TRADEPORT • Expedite road upgrades linking Immokalee Regional Airport to the interstate and other major truck routes • Support land assembly efforts • Allow PUD designations for large tracts in the Tradeport vicinity • Assist with permitting procedures to expedite new development • Work on job training and skills upgrades programs • Promote business and industrial incubators • Implement EDC recommendations that support Airport and Tradeport growth, i.e.: - Enhancing the Florida Tradeport Business Plan to include financial feasibility of private development outsourcing - Funding Airport infrastructure upgrades - Developing pad -ready and pre - permitted sites at the Tradeport TOURISM DEVELOPMENT • Promote eco- tourism uses, particularly at Lake Trafford • Promote general tourism and heritage uses at Seminole Casino, State Fanners' Market, and the Main Street District • Support development of a comprehensive hospitality and entertainment network that includes hotels, motels, restaurants, bars, and tourist destinations around the Seminole Casino and Reservation • Coordinate these efforts with any expected expansion of the Casino • Establish this area as one of the primary visitor attractions in any new Immokalee marketing materials. • Encourage development of a natural history and science museum, exhibit, or other similar visitor attractions ROAD IMPROVEMENTS • Expedite the following road improvements: SR 29 Bypass Road to connect SR 82 to I -75 Little League Road south to Immokalee Rd and north to SR 82 Florida Tradeport Pkwy NE to SR 29 Bypass Connecting road along northern boundary of Immokalee Regional Airport between Florida Tradeport Parkway and SR 29 Bypass 4- laning of SR 29 Widening of SR 82 Repairs on New Market Road 10 Agenda Item No. 10B January 23, 2007 Page 11 of 15 • Review on a regular basis the entire street and road network across Immokalee to determine where new improvements are needed Increase Collier Area Transit service to the following areas: Immokalee Regional Airport/Florida Tradeport Aong the SR 29 and CR 846 commercial corridors Throughout Serenoa and Ave Maria Throughout the downtown core GENERAL Upgrade sidewalks, crosswalks, streetlights, signage, parks, and other pedestrian- oriented features Complete the connectivity of the street grid by extending incomplete streets and removing cul -de- sacs where appropriate SERENOA AND AVE MARIA UNIVERSITY ECONOMIC POTENTIAL • Strong potential job market for construction and labour followed by retail and service positions • Population mass will exist to make big box power center development feasible • Position Immokalee favorably within the context of new regional development activities • Highly appropriate location between Serenoa and South Immokalee on CR 846 for new big box power center • Can serve Immokalee, Serenoa, and Ave Maria markets • Can act as the economic anchor for Immokalee's south end • Should be occupied by big -box retail stores (Wal -Mart, Home Depot, Bed Bath & Beyond), supermarkets, and outlet stores _ • Diversity of stores helps prevent retail leakage into more distant communities HOUSING AND COMMUNITY SERVICES • Encourage strong affordable housing element • Commitments to help widen Camp Keais and Oil Well Roads will benefit all of Immokalee • Encourage more affordable - housing initiatives like Ave Maria's Habitat for Humanity 10 -acre land donation • Work with University to set up workforce training or education programs for Immokalee residents (Ave Maria University only) 11 C G L `o Q� 2"1 r" 'w r a. .lc Agenda Item No. 10B January 23, 2007 Page 12 of 15 ATTACHMENT B i — C d m N P m ° X C w � E in 3 !�y •� b ;g 4 4 L ~LL 12 q N M M m � �R &m 8go�g��o B $ S., 8 ze �a „gagg„&a m ♦pp� SSWD M S a e � �r gg Sm �t u n a 2 > 4 gG�R 'F 4' c t N a y Q i — C d m N P m ° X C w � E in 3 !�y •� b ;g 4 4 L ~LL 12 Try CL Cs cn M 2 LL 0 co SJ Agenda Item No. 10B January 23, 2007 Page 13 of 15 ATTACHMENT C 13 ;J a es ira'! -L, 2 Z-ag v ISE v po a IT f 4 13 Agenda Item No. 10B January 23, 2007 Page 14 of 15 ATTACHMENT D ert I 6fcTOV.nrt Report Title: Permits Issued Summary (immokc Date: 12!111200611:30:42 AM Frnm: 1011/2001 To Permit 0 Type Permit Issued CO Number Type CO Date Total SOFT Copety Area_ IMMOKALEE FermiLa: 124 124 170.354 FY2005 91 91 135,605 • BLDG COMMERCIAL 1 -3 STORIES 4 4 47,051 @BLDG COMMERCIAL 1.3ADDIALT 5 5 5,191 IB BLDG COMMERCIAL OTHER 6 6 2,248 !B BUILDING RESIDENTIAL 1-2 STORIES 44 44 55,705 ® BUILDING RESIDENTIAL ADD /ALT 3 3 1,154 9 BLDG R£SIMOBILE HOME 27 27 24,259 FY2008 33 33 34.74E IB BLDG COMMERCIAL 1 -3 ADD /ALT 1 1 3,000 9 BLDG COMMERCIAL OTHER 3 3 9 BUILDING RESIDENTIAL 1-2 STORIES 6 5 11,054 ED BUILDING RESIDENTIAL ADDIALT 3 3 180 M BLDG RES+MOBILE HOME 20 20 20,514 Business Management d Budget ottice 14 Agenda Item No, 10B January 23, 2007 Page 15 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 106 Item Summary: This is a Compamon Item to Item 14B and to be heard after Items 14A and 14B are discussed by the CRA at 4'.30 p.m. Recommendation of the inlmokaiee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners to establish an office in ImmoKalee. (Joseph K. Schmitt. Administrator, Community Development and Environmental Services) Meeting Date: 1/2310307 9:00:00 AM Prepared By Thomas Greenwood Principal Planner Date Community Development & Environmental Services Comprehensive Planning 12121/2006 9:21:14 AM Approved By Mike Bost, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 12/2712006 10:23 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 12/28/2006 9:29 AM Approved By Thomas Greenwood Principal Planner Date Community Development & Environmental Services Comprehensive Planning 12/28/2006 9:43 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 1/3/2007 9:12 AM Approved By Commuinty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Environmental Services Comprehensive Planning 174/2007 12:31 PM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 1/512007 7:30 AM Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminstrator Dale Community Development & Community Development & Environmental Services Environmental Services Admin. 1/1112007 7.22 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1!1112007 1:39 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10612007 9:56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111612007 1:47 PM Agenda Item No. 10C January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY Quarterly Report of the Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners of progress ending on December 31, 2006 OBJECTIVE: The purpose of this report is to provide the Board of County Commissioners with a quarterly report of progress of the Enterprise Zone Development Agency (EZDA) in implementing the goals of the Strategic Plan for the Immokalee Enterprise Zone for the period of October through December, 2006. CONSIDERATIONS: The Immokalee Enterprise Zone Development Agency (EZDA), are advisory Agency to the Board of County Commissioners, operates under the direction g" .:m in Section Seven of Ordinance 95 -22 which reads as follows: SECTION SEVEN: The functions, powers and duties of the Agency shall iiiclude, but not be limited to the following: a. Assist in the development and implementation of the Strategic Plan. b. To oversee and monitor the implementation of the goals of the Strategic Plan. The EZDA shall make quarterly reports to the Board of County Commissioners (BCC) evaluating the progress in implementing the Strategic Plan. c. To identify and recommend to the BCC ways to remove regulatory barriers. d. To identify the financial needs of, and the local resources or assistance available to, eligible businesses in the zone. e. To promote through marketing and the advertising the development of the Enterprise Zone. The Agency may not transact business or exercise powers under Section 290.056(9), Florida Statutes." LEGAL CONSIDERATIONS: This report is filed in accordance with Ordinance No. 95 -22, establishing the Enterprise Zone Development Agency, which calls for the issuance of quarterly progress reports to the Board of County Commissioners. FISCAL IMPACT: Funds for the operation of the Immokalee Enterprise Zone are currently earmarked in the Comprehensive Planning Department. The Enterprise Zone Coordinator is the Director of the Comprehensive Planning Department. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners consider this quarterly report of the Immokalee EZDA and provide any direction it wishes to give to the EZDA. Prepared by: Thomas Greenwood, AICP -� Principal Planner Comprehensive Planning Department Agenda Item No. 10C January 23, 2007 Page 2 of 5 QUARTERLY REPORT OF THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY (Enterprise Zone #1101) Reporting Period: October - December, 2006 GOAL #1: TO REDUCE THE UNEMPLOYMENT RATE IN THE IMMOKALEE COMMUNITY FROM ITS CURRENT ESTIMATED 13.2% TO 6.6% BY DECEMBER 31, 2015. Actions this period: 1. County Impact Fee exemption extended in the industrial park and the foreign trade zone for several expanding and new companies; 2. Re- designation of the Immokalee Enterprise Zone to December 31, 2015, so as to continue economic incentives to companies and persons who make investments in real estate or business development/job creation in the Enterprise Zone; 3. Completed a review of all economic incentive programs available in Immokalee with the staff of the Economic Development Council of Collier County and other state agencies; 4. New Market Tax Credits identified as a funding source for "jumpstarting" economic development in Immokalee with a presentation scheduled for the January 17, 2007, meeting; 5. Created a web site link for the Immokalee Enterprise Zone on the Comprehensive Planning Department Web Site; 6. Completed Brochures entitled, "Immokalee Enterprise Zone" and "Immokalee Economic Incentives" and made available to the pubic on the Comprehensive Planning Department Web Site; 7. Completed Inventory of all available commercial and industrial buildings in Immokalee; -8. Continuation of close cooperation with the EDC of Collier County to further economic development in Immokalee; 9. Immokalee Master Plan Update coordination of Plan Update which will recommend a series of new goals, objectives, and policies to further economic development and reinvestment in Immokalee. 10. Establishment of an Immokalee -based office for development and redevelopment was recommended by the EZDA to the Board of County Commissioners with consideration of same scheduled for January 23, 2007. 11. Continuous contact with the EDC of Collier County and other agencies involved in economic development and redevelopment. 12. Rural Area of Critical Economic Concern "Catalyst Project "....support of efforts of the EDC to participate in this project in early 2007. 2 Agenda Item No. 10C January 23, 2007 Page 3 of 5 GOAL #2: TO REDUCE THE POVERTY RATE IN THE IMMOKALEE COMMUNITY FROM ITS CURRENT ESTIMATED 39.1 % TO 19.6% BY DECEMBER 31, 2015. Actions this period: 1. Encouraged greater cooperation and coordination between the Collier County Airport Authority and the EDC of Collier County where land leases are involved in industrial development at the Immokalee Regional Airport. 2. Endorsed with the Board of County Commissioners the plans for a new campus where the One -Stop Center would be located adjacent to the New Career Center so as to provide vocational training for high school students and graduates for positions in industry where a college degree is not required. 3. Stimulated State Department of Agriculture action to reconstruct/replace damaged structures at the State Farmers' Market. 4. Immokalee Area Master Plan Update process completed through the development of Draft Revisions to the IAMP with goals, objectives, and policies addressing the provision of housing for all, economic development /diversification, and improvement to the range and availability of social services and facilities for Immokalee residents. GOAL 93: TO REDUCE THE CHILD POVERTY RATE FROM ITS CURRENT ESTIMATED 29.0% TO 14.5% BY DECEMBER 31, 2015. Actions this period: 1. Immokalee Area Master Plan Update process completed through the development of Draft Revisions to the IAMP with goals, objectives, and policies addressing the provision of housing for all, economic development/diversification, and improvement to the range and availability of social services and facilities for Immokalee residents. GOAL #4: TO IMPROVE THE OVERALL QUALITY AND QUANTITY OF IMMOKALEE HOUSING BY 2015. Actions this period: 1. Housing Goals, Objectives and Policies developed by a sub - committee of the Immokalee Master Plan Visioning Committee members and housing providers and the EZDA/CRA Advisory Board for inclusion in the Draft Revisions to the Immokalee Area Master Plan. These GOP include some very specific short-term measurable objectives and policies. 2. Three -Year Housing Impact Fee Deferral Program ended on November 18, 2006, in which the program helped more than 130 owner - occupants to 3 Agenda Item No. 10C January 23, 2007 Page 4 of 5 gain access to affordable housing in Immokalee. This program is being reviewed by the EZDA for its effectiveness. Most of the dwellings built under this program were through Habitat for Humanity with the direct benefit to the qualifying families. 3. Code Enforcement reported to the EZDA that it had demolished 126 vacant dilapidated structures during summer, 2006. Over time the elimination of blighting influences will provide sites and stimulus for new private investment and/or housing in existing established Immokalee neighborhoods. GOAL #5: TO IMPROVE THE OVERALL APPEARANCE OF THE IMMOKALEE COMMUNITY TO ENCOURAGE PUBLIC AND PRIVATE REINVESTMENT BETWEEN 2005 AND 2015. Actions this period: 1. Immokalee Area Master Plan Update process completed through the development of Draft Revisions to the IAMP with goals, objectives, and policies addressing the provision of housing for all, economic development/diversification, and improvement to the range and availability of social services and facilities for Immokalee residents, enhance the quality of Immokalee life while maintaining the natural beauty, preservation of natural resources, improvements to recreation and parks, improvements to all types of infrastructure, and enhancement of tourism and use of Lake Trafford Lake. 4 Agenda Item No. 1 C January 23, 2007 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: i J,- This item to ce ti at 4 45 p m. Quarterly Report o` the immokaiee Enterprise Zone Item Summary: Development Agency to the Col:'ier County Board of County Commissioners of Progress Ending or December 31. 2006 (Joseph K. Schmitt, Administraior Community Develcpment and Environmental Services) Meeting Date: 1 /23;2007 9.00 00 AM Prepared By Thomas Greenwood Principal Planner Date Community Development & Comprehensive Planning 12/2812006 9:34:08 AM Environmental Services Approved By Thomas Greenwood Principal Planner Date Community Development 8 Comprehensive Planning 1212812006 9'44 AM Environmental Services Approved By Marlene Stevrart Executive Secretary Date Community Development & Community Development & 12128/20061'44 PM Environmental Services Environmental Services Admin. Approved By Mike Bost, AICP Principal Planner Date Community Development & Zoning G Land Development Review 1!212007 7:25 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development L 11311-007 °.14 AM, Environmental Services Environmental Services Admin. Approved By Commutnty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Comprehensive Planning 11412007 1230 PM Environmental Services Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 1/512007 7:29 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adrmnstrator Date Community Development & Community Development & 11912007 10:56 AM Environmental Services Environmenta! Servtces Admin. Approved By OMB Coordinator Applications Analyst Date Administrative Se—ces Information Technology lit 012007 10:00 AM Approved By Mark I=_ackson Budget Anaiyst Date County IalanageYS Office Office of Management & Forget 10012007 2:56 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10412007 6:40 PM Agenda Item No. 10D January 23, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve the FY 07 agreement between Collier County Board of Commissioners and the David Lawrence Mental Health Center, Inc. in the amount of $1,035,600. OBJECTIVE: To obtain Board of County Commissioners' approval and authorization for the Chairman to sign the FY 07 agreement with David Lawrence Mental Health Center, Inc. CONSIDERATIONS: As mandated by Florida Statutes, Section 394.76(9)(a) and (b), a commitment has been made to provide funding in the amount of $1,035,600 to the David Lawrence Mental Health Center, Inc., a provider of behavioral health and substance abuse programs offered through the David Lawrence Center. Through a separate agreement between the Agency for Health Care Administration and the Board of County Commissioners, the County will contribute $881,400 to the Agency for Health Care Administration. This amount will be matched through the Low Income Pool program for the remaining $154,200. The total amount of $1,035,600 will be distributed to the David Lawrence Center by Physicians Regional Medical Center. The contract period is from October 1, 2006 through September 30, 2007. GROWTH MANAGEMENT: There is no growth management impact from this ._ recommendation. FISCAL IMPACT: Funding in the amount $881,400 for the service agreement has been appropriated in the FY 07 budget under the general fund (001). This amount will be supplemented by Federal funds through the Low Income Pool program for an additional $154,200. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the agreement in the amount of $1,035,600 and authorize the Chairman to sign. This agreement has been reviewed and approved by the County Attorney's Office. Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department Agenda Item No. 10D January 23, 2007 Page 2 of 6 AGREEMENT THIS AGREEMENT entered into this day of , 2007 at Naples, Collier County, Florida, by and between the Board of County Commissioners, Collier County, Florida, hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER. WITNESSETH WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrence Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and alcoholism services provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has contracted with the State of Florida, Department of Children and Families to act as a provider of mental health and substance abuse services as described by the approved District 8 Mental Health and Substance Abuse Plan of the Florida Department of Children and Families. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: I. The CENTER shall: A. Provide mental health and alcoholism services consistent with the approved Florida Department of Children and Families District 8 Mental Health and Substance Abuse Plan [ "District Plan"], incorporated herein by reference, and shall do so in compliance with all state, federal and local laws and ordinances and regulations. B. Serve as an independent contractor, not an agent or employee of Collier County, for the transportation and care of patients restrained pursuant to the Florida "Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory and legal requirements of said act, Rule 10E- 5.040, F, of the Florida Administrative Code and all other pertinent laws, rules and regulations. C. Provide detoxification services consistent with the approved District Plan. D. Provide these services within the boundaries of the COUNTY, Florida. E. Possess, maintain and keep current all necessary license(s). 1 Agenda Item No. 10D January 23, 2007 Page 3 of 6 F. Adhere to all conditions applicable to the administration of mental health funds pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules attendant thereto. G. Maintain adequate financial records and reports relating to all funds paid by the COUNTY under this Agreement. H. Maintain books, records, documents and other evidence of accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement and paid for with COUNTY funds. I. Maintain adequate fiscal accounting procedures for the audit or review of any expenditures, as requested by the COUNTY from time to time. J. Allow, upon request the inspection, review or audit of its fiscal records by COUNTY personnel upon request by COUNTY. K. Collect fiscal and operational statistical data pertaining to the care and treatment of all patients served and funded by the COUNTY on a regular basis and deliver these written fiscal statistical reports on a quarterly basis to the COUNTY Human Services Director by the 10th day of the month immediately following the preceding quarter. L. Submit payroll records and activity data to the COUNTY Human Services Director on a quarterly basis in order that the disbursement of COUNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre - auditing and accounting procedures on the part of the Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes. M. Retain all books, records and other documents relative to this Agreement for three (3) years after final payment. N. Acting as an independent contractor and not as an employee of the COUNTY in operating aforementioned services, the CENTER shall be liable for, and shall indemnify, defend, and hold the COUNTY, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement During the term of this agreement the CENTER shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from the activities under this Agreement. Such policies of Agenda Item No. 10D January 23, 2007 Page 4 of 6 insurance shall name the COUNTY as and additional insured. The CENTER shall submit written evidence of having procured all insurance policies required herein no later than 10 days after the effective date of this Agreement and shall submit written evidence of such insurance policies to the COUNTY Human Services Director and to the COUNTY's Risk Management office. The CENTER shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The CENTER shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. O. Submit to the COUNTY each year a copy of its annual audited financial statements. II. The COUNTY shall: A. Reimburse the CENTER quarterly, in advance, at least one -fourth (114) of the total allocation for "Operational Funds" approved for the CENTER by the Board of Commissioners as specified in Section III -D of this Agreement, in accordance with the approved District Plan. III. The CENTER and COUNTY mutually agree: A. The term of this agreement is from October 1, 2006 to September 30, 2007. B. This Agreement may be terminated by either party upon thirty (30) days prior notice in writing to the other party. C. This Agreement is subject to an annual item of appropriation contained in the annual County budget. D. The entire financial obligation of the COUNTY under this Agreement shall not exceed one million thirty -five thousand and six hundred ($1,035,600). The $1,035,600 includes the funding for all Operational costs, including transportation of Baker Act participants. The matching funds shall come from local sources and shall be utilized as part of the matching requirements of Florida Statutes, Section 394.76(9)(a) and (b). E. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. F. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herewith. 3 Agenda Item No. 10D January 23, 2007 Page 5 of 6 G. The CENTER shall not assign the performance of services called for in the Agreement without the written consent of the COUNTY. H. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: If to the COUNTY: Collier County Human Services Director Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: David Lawrence Mental Health Center, Inc. 6075 Golden Gate Parkway Naples, FL 34116 or to such other address as any party may designate by notice complying with the terms herein stated. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: Dwight E. Brock, Clerk by: Deputy Clerk ATTEST: Approved as to form and Legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DAVID LAWRENCE MENTAL HEALTH CENTER, INC. by: 4 Agenda Item No, 10D January 23, 2007 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D Item Summary: Recommendation to approve the FY 07 agreement between Collier County Board of Commissioners and the David Lawrence Mental Health Center.. Inc. in the amount of $1,035,600. (Marla Ramsey, Administrator, Public Services) Meeting Date: 1/23/2007 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 118/2007 11:21:38 AM Approved By Marcy Krumbine Director Date Public Services Human Services 11 812007 11:31 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/912007 1:42 PM Approved By OMB Coordinator Applications Analyst - Date Administrative Services Information Technology 1/1012007 10:19 AM Approved By Sherry Pryor Management R Budget Analyst Date County Manager's Office Office of Management & Budget 1!1012007 4:57 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management R Budget 1/10/2007 7 :13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111312007 12:10 PM Agenda Item No. 10E January 23, 2007 EXECUTIVE SUMMARY Wage 1 of 20 Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. OBJECTIVE: To obtain BCC approval of the DCA to acquire property for roadway water management, drainage easements and access easements for the expansion of Davis Boulevard from Radio Road to Collier Boulevard "The Project ". This agreement would be in accordance with the overall objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted on January 12, 2006. CONSIDERATIONS: Improvements to Davis Boulevard have been recognized as the highest priority by the Collier County MPO since 1999. The roadway currently operates at LOS "F" and the intersection of Collier Boulevard and Davis Boulevard is recognized as a critical intersection. This project is funded for design only, with a pending commitment from FDOT for a 20 million dollar advancement reimbursement for construction if the County can secure the necessary right -of -way, funding and water management in advancement of construction. This agreement and companion items Alligator Alley PUDZA AR# 6417 as well as the Alligator Alley DCA are critical to securing the 20 million dollar funding from FDOT. The Developer has agreed to convey to the County a 10 acre parcel for the sum of $3,000,000 in impact fee credits and provide a drainage easement and access easement at no cost to the County to facilitate access to the proposed pond site. They have also agreed to donate a 50' strip of land at no cost to the County along the frontage of Davis Boulevard. The 10 acre parcel contains the proposed location for the native preserve for the entire development. The County in advancement of condemnation has agreed to mitigate the native preserve requirement consistent with the proposed GMP amendment language currently being sponsored through the CDES Division and the Transportation Division. The County recognizes that this voluntary acquisition in lieu of condemnation secures the ability to consummate the 20 million dollar funding agreement through FDOT and significantly lowers the costs associated with condemnation of the parcel. Without this agreement the funding and timing for the Project is in jeopardy. Further, the county has also proactively agreed to mitigate the proposed preserve area in order to maintain consistency with the intent of the GMP. This agreement has been initiated by the County to expedite the Project and has not been proposed by the Developer. FISCAL IMPACT: The agreement will provide $3,000,000 in impact fee credits to the Developer and require the County to mitigate the preserve lands associated with mitigation requirements. The County would receive value back based on the donated land and easements. There is also significant savings in avoiding condemnation as well as securing 20 million dollars of FDOT funding for the Project which will otherwise be secured by another county. GROWTH MANAGEMENT: This Developer Contribution Agreement would be consistent with the goals and objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted January 12, 2006, (incorporated into the Collier County Growth Management Plan), and the Transportation Element of the GMP. While the mitigation of preserve off site may be interpreted as a conflict with objective 6.1 of the Conservation and Coastal Management Element of the GMP in the short term view, it has also been interpreted that it is consistent with the existing intent and certainly consistent Agenda Item No. 10E January 23, 2007 with the proposed amendments sponsored by Environmental Services and Transportatloge 2 of 20 Planning. LEGAL OPINION: The County Attorneys office believes that this Agreement is consistent with the intent and purpose of the Growth Management Plan. RECOMMENDATION: That the Board of Commissioners approves this DCA between the Developers and Collier County to obtain the right -of -way, an easement and water management necessary to finalize the commitment from FDOT for the advancement reimbursement agreement for 20 million dollars. Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division Attachments: 1) The Developers Contribution Agreement; 2) Appraisal Memo; 3) Project Locus Map; 4) Exhibits A; 5) Exhibits B; 6) Exhibits C; 7) Exhibit D; 8) Exhibit E Agenda Item No. 10E January 23, 2007 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS �. Item Number: 10E Item Summary: - This item to be heard at 1:00 pm. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management. drainage and access easements for the future expansion of Davis Boulevard. (Norman Feder.. Administrator, Transportation Services) Approved By Nick Casalanguida Project Manager Date Transportation Services Transportation Planning 1(5(2007 4:36 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1181200711:41 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/9/2007 1:42 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 1/9/2007 4:59 Phl Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/1012007 10:36 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1110/2007 1:07 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1(10(2007 4:19 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportal.ion Services Admin 1(1112007 8:06 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1111(2007 1:41 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office, of Management & Budget 111272007 9:53 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111212007 4:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1312007 11:29 AM Agenda Item No. 10E January 23, 2007 Page 4 of 20 V tjjl�t' Memorandum To: Nick Casalanguida, Planning Manager From: Harry Henderson, SRA, Review Appraiser TE /CM, Right of Way Date: January 2, 2007 Subject: Valuation Analysis, Mystique DCA Lands (Davis Blvd) I have been asked to evaluate a 10 acre parcel which is part of the proposed Mystique residential PUD on the south side of Davis Boulevard between Radio Road and Collier Boulevard. The Mystique lands consist of 29.45 acres total and currently have split RMF -12 and Agriculture zoning. The 10 acre portion to be valued is planned to be utilized as a pond site connected with the future widening of Davis Boulevard (FDOT Project). The 29.45 acre parent tract was purchased by the current owner (Watreways Joint Venture VII) for $6,250,000 or $212,282/acre. Recent sales of similar competing properties in the greater Naples area show unit prices ranging from $201,748 /acre to $396,052/acre. The consulted market expressions are briefly identified as follows: 1. 14.87 acres located on the east side of Livingston Rd north of VBR. Sold in August 2006 for $3,000,000 reflecting $201,748 /acre. "A" zoned. 2. 94.40 acres located along Wildflower Way within the Lely Resort community. Sold in December 2006 for $25,000,000 reflecting $264,831 /acre. RPUD zoned. 3. 148.97 acres located on the east side of Livingston Rd south of Pine Ridge Rd. Sold in January of 2006 for $59,000,000 reflecting $396,052 /acre. RPUD zoned. In light of these sales as well as the subject parent tracts recent sale, and in consideration of factors known to impact prices paid (specific locational differences, topographical differences, size factor differences etc) a unit price of $305,000 /acre is judged to be most reasonable for the subject 10 acre parcel. Thus- 10 acres x $305,000 /acre = $3,050,000. Transportation Division TE /CM TRIAD PUD N W E S CE HAM P' Agenda Item No. 10E Page 5 of 20 SADDLEBROOK EAST VILLAGE GATEWAY PUD _ _ PUD _ i- DAVIS BOULEVARD (SR 84)— — CEDAR HAMMOCK PUD Jonuory 3, 2007 11:28 AM 0: \2005 \050117.00.03 Mystique Engineering\ 000 1 Generot Consultation \5001170003XA.dw9 EXHIBIT A SKETCH & DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER, SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST S00' 07'06 "W 146.59' Cl 0 i� 0 0 0 0 January 23, 2007 F,Yge 6 of 20 W E S DAVIS BOULEVARD (SR 84) - - - P. 0 0 0 N w 0 0 N w LID 0 0 z N89'34'06 "E 652.83'(P) 653.00'(M) LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE WEST ONE HALF (W';} OF THE WEST ONE HALF (W') OF THE NORTHEAST ONE QUARTER (NE4) OF SAID SECTION 3. LYING SOUTH OF THE SOUTHERLY R,GHT -OF -WAY 'LINE OF DAVIS BOULEVARD - STATE ROAD 84; LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER (NE4) Or SAID SECTION 3; THENCE NDO'07'06 °E. ALONG THE WEST LINE OF SAID FRACTION 707.03 FEET; THENCE LEAVING S.A!D FRACTION LINE N89'34'06 "E. 652.88 FEET; TO A POINT ON THE EAST LINE OF SAID FRACTION, THENCE SOO' 17'56 "W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE Q!JAP.TER (NE4) OF SAID SECTION 3, THENCE S89' 19'38 "W. 650.69 FEET; ALONG SAID LINE TO THE POINT OF BEGINNING. CURVE RADIUS LENGTH CHARD BEARING DELTA 101 1 3224.104' 666.92' 665.73 SB2'10'25 "W 1'51'0 &" NOTE: POINT OF BEGINNING \ \ \\ oy LEGAL DESCRIPTION As SHOWN WAS TAKEN FROM A BOUNDARY LESS AND EXCEPT PARCEL c LE S AND EXCEPT\ SURVEY PREPARED BY w PARCEL E. NELSON, P.A. CENTER OF SECTION 3, PARCE A \ LS \\ � DWG. #375oR26 TOWNSHIP 50 SOUTH, o A \\ \ DATED 10 -09 -06 RANGE 26 EAST o ,\ lx\ �S89' 9'38 °W 650.69' \L -- _ _ _ _ _ _ ------------- - - - --- -- - -- ----------------- - - - - -- ,Jonuory 3, 2007 4:25 PM 0 -\1 20105 \0::8.'77.0003 Mysrlgce .�no,neeringA0001 General Corsul tot ron \500 1 7 70003XA -' -0wg EXHIBIT A -1 N O 1-- Z N N cz a [6 C C —7 O a7 M 0 a ow owe uz ow�o F z �U O 0 N � d W$ W 0 0 U (�a a-S oadn3 11 10 sine _ a a 3 fJ Q W � Y U O so Q= xa Q w v lu �I I_Il- I +III rlf dd ,I II h n I dllw I c q I p = �I J - L _ U 01 II I Y O O _ xa M W J � Q J N S Y U O <0 xa O U Q F5 iz m W I II I I I II I ° W 00 I >o ° Nii WQ U cc QoGx w3 �< a = =mZ I Jxa< n� m II /I �na00 � daam� --- ---- - --a — lu �I I_Il- I +III rlf dd ,I II h n I dllw I c q I p = �I J - L _ U 01 II I Y O O _ xa M W J � Q J N S Y U O <0 xa O U Q F5 iz m W POINT OF BEGINNIN SKETCH 8c DESCRIPTION THIS IS NOT A SURVEY 589'42'04 "E 654.95' January 23, 2007 FVge 8 of 20 W E S DAVIS BOULEVARD (SR 84) - -- co 0 r? O 1 N r � O � W O n O O � 0 0 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE N00'07'06 "E ALONG THE SAID CENTER OF SECTION LINE 707.03' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE N00'07'06 "E, 670.38 FEET; THENCE LEAVING SAID CENTER OF SECTION LINE S89'42'04 "E, 654.95 FEET; THENCE SOC'17'56'W, 662.06 FEET; THENCE S89'34'06 "W, 652.88 FEET; TO -HE POINT OF BEGINNING. A PARCEL OF LAND CONTAINING 10.00 ACRES MORE OR LESS V N89'34'05 "E 652.88' i NOTE: LEGAL DESCRIPTION WAS PREPARED o =ROM A BOUNDARY SURVEY POINT OF COMMENCMENT PREPARED BY; CENTER OF SECTION 3, CAROL E. NELSON, P.A. TOWNSHIP 50 SOUTH, ' o D'O)G. #3i5OR26 RANGE 26 EAST o CD z DATED 10 -09 -06 ' 0 i i Jonuory 3, 2007 4:27 Prm ,1 , <'�CS \95071 ?.00.03 Myslia -- Engineering \9001 Genera, Consultat,on \51977 iDOD3X3 -7.dwg EXHIBIT B -1 Agenda Item No. laniiary 23 7 Page 9 o 2 N W+ E S DAVIS BOULEVARD (SR 84) 50' ROW PARCEL _c a D ;Cnuory 3. 2007 9:44 AM Q: \2005 \050117.00.03 Mystique Engineerin9\0001 General Consultation \500 1 1 70003XC.dwg EXHIBIT C POINT OF BEGINNI SKETCH & DESCRIPTION THIS IS NOT A SURVEY DAVIS BOULEVARD (SR 84) - -- J January 23, 2007 PNe 10 of 20 W E S LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE N00'O7'C6 "E ALONG THE SAID CENTER OF SECTION LINE 2630.33' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE, N00'07'05 "E, 51.53 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY OF (SR 84) DAVIS BOULEVARD, THENCE ALONG SAID RIGHT -OF -WAY _INE, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT BEING CONCAVE TO THE SOUTH 666.92 P=ET, HAVING A RADIUS OF 3224.04 FEET, THROUGH A CENTRAL ANGLE OF 11'51'08" BEING SUBTENDED BY A CHORD WHICH BEARS N82'10'25`E. FOR 665.73 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE S00'17'56 °W. 50.04 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, BEING CONCAVE TO THE SOUTH 667.01 FEET, HAVING A RADIUS OF 3174.04 FEET, THROUGH A CENTRAL ANGLE OF 12'02'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S52'02'41 "W. FOR 665.78 FEET; TO THE POINT OF BEGINNING. A ?ARCEL OF LAND CONTAINING 0 77 ACRES MORE OR LESS CURVE I RADIUS LENGTH CHORD SEARING DELTA Ci 3224.04' 666.92' 655.73 N82- 10'25 "E 11'51'G8" C2 31 74.04 667.01' 665.78 582'02'41 "W' 2'02'23" POINT OF COMMENCMENTI N0 NOTE: � D_scRPTION wAs CENTER OF SECTION 3, PREPARED FROM A BOUNDARY TOWNSHIP 50 SOUTH, SURVEY PREPARED BY; RANGE 26 EAST CAROL E. NELSON P.A. LINE DIST BEAR'NG L1 51.53' N00'07'06 "E L2 50.04' S00'7 7'56 °W DWG. #375OR26 DATED 10 -09 -06 -- - - - - - - - - -- - - - - - - -- - - - - - - - ------ I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- January 3, 2007 4.28 PM, 0.- \2G05 \050177.00.03 Mystique L-rg,neer;r.g \0007 General Consul!crion \500 7 1 70003XC -7.dwg EXHIBIT C -I -- _.lanuary 23 -2Q07 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO No. WARRANTY DEED THIS WARRANTY DEED made this day of 20_, by, (hereinafter referred to as "Grantor*), whose post office box is [ADDRESS) to COWER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as 'Grantee*). (Wherever used herein the terms 'Grantor' and 'Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, alf that certain land situate in Collier County, Florida, to wit: See Attached Exhibit 'A' which is Incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD 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 goad right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) By: [GRANTOR NAME] Page 11 of Agenda Item No. 10E January 23, 2007 EXHIBIT E Page 12 of 20 DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Mystique Impact fee.Iedger Beginning Balancel $3,000,000.00 DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beginning Balance $3,000,000.00 Agenda Item No, 10E January 23, 2007 Page 13 of 20 DEVELOPER AGREEMENT MYSTIQUE THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of , 2007, by and between WATERWAYS JOINT VENTURE VII (hereinafter referred to as the "Developer "), with an address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Developer is the owner of approximately 30.56 acres of land in unincorporated Collier County, Florida, located on the south side of Davis Blvd. near its intersection with Collier Blvd., which will be residentially developed (hereinafter referred to as the "Development"). A legal description of the Development, together with a graphic rendering, is attached as Exhibit A; and WHEREAS, the Florida Department of Transportation ( "FDOT "), as part of the Davis Blvd. expansion project, has identified a 10 -acre portion of the Development as a pond site, together with the necessary easement to access the pond, and an easement for conveyance from Davis Blvd. to the pond site, which pond is necessary for the attenuation of stormwater off of the expanded Davis Blvd. A legal description and graphic rendering of this pond site and easement (hereinafter referred to as the "Pond Parcel ") is attached as Exhibit B; and WHEREAS, Developer had intended the Pond Parcel to be utilized for both future development and native vegetation preserve pursuant to the County's LDC, and for wetland preserve credit through the Environmental Resource Permit process with the South Florida Water Management District, and Section 404, Clean Water Act permitting with the U.S. Army Corps of Engineers; and WHEREAS, to preserve the Davis Blvd. road project, and to reduce costs of future condemnation, when the presently undeveloped Pond Parcel would be developed, County has offered to purchase the Pond Parcel for the sum of $3,000,000 in impact fee credits, consistent with the County's right -of -way purchase policy; and WHEREAS, Developer is willing to convey to the County the Pond Parcel for the sum of $3,000,000 in impact fee credits, provided that the Developer by doing so will not be in violation of any County ordinance or regulation with respect to the Development not having sufficient preserve area and other requirements or violation as a result of the conveyance; and WHEREAS, the County acknowledges that by conveying the Pond Parcel to the County, County shall not require the Developer to provide any native vegetation preserve on the remaining 20 +/- parcel; and WHEREAS, Developer is willing to freely donate, at no cost to the County, a 50 -foot strip of land adjacent to Davis Blvd. for use in the Davis Blvd. expansion project. A legal description and Agenda Item No. 10E January 23, 2007 Page 14 of 20 graphic rendering of this right -of -way strip (hereinafter the "ROW Parcel ") is attached as Exhibit C; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: I. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2007, the Developer shall convey to the County both the Pond Parcel (with appropriate easements for access and maintenance) and the ROW Parcel. Both Parcels will be conveyed to the County in fee simple, free and clear of all liens and encumbrances, made by executed Warranty Deeds provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit D. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the Warranty Deeds in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to Page 2 of 7 Agenda Item No. 10E January 23, 2007 Page 15 of 20 County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. All provisions of this Agreement shall survive closing and be enforceable by the County and Developer and their successors and assigns. 3. The Pond Parcel is being acquired for public use, in lieu of future condemnation. Accordingly, except with respect to preserve requirements, it is expressly agreed that the provisions of LDC §1.04.04.B (Ordinance No. 2006 -07) shall apply to this Development and subsequent set- back for accessory structures shall be no less than 10 feet as shown on Exhibit B. With respect to preserve requirements, any preserve areas proposed by the Developer located in the Pond Parcel shall be mitigated off -site by the County within 1 year from the conveyance of the Pond Parcel to the County. A minimum of 7.3 acres and up to the full 10 acres, if required by South Florida Water Management District, will be mitigated for on a 1:1 basis with like for like habitat through the Conservation Collier or similar program. Following the acquisition, no further native preserve pursuant to the LDC shall be required on the remaining parcel. The Developer will be responsible for any mitigation for any listed species and wetlands impacts mitigation required by any permitting agencies on the northern remaining parcel. Any additional wetlands mitigation resulting from the conveyance of the Pond Parcel shall be the responsibility of the County. 4. Developer shall receive, at closing, as full compensation for the Pond Parcel and easements, the sum of $3,000,000 in Road Impact Fee credits which, consistent with the Collier County Consolidated Impact Fee Ordinance, may be used by the Developer and any related joint -~ venture party in the impact fee district of the Pond Parcel, and all adjacent impact fee districts. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement is attached as Exhibit E. 5. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 6. The County will require an approximate 15 -20 foot drainage easement to connect Davis Blvd. to the Pond Parcel and an appropriate 20 -foot wide access easement to maintain the Pond Parcel, which easement must be approved by FDOT. This easement will be identified by the parties and dedicated to the County on or before December 15, 2007. It is anticipated that the likely site for this easement will be along the eastern boundary of the Development. To the extent possible, any required buffers or landscaping that will be within the easement boundary will not be installed until the drainage pipe has been laid along the easement. To avoid these issues, County and Developer will negotiate in good faith for Developer to install the drainage pipe in the easement during the construction of the Development at an appropriate cost. County will pay the costs of any Page 3 of 7 Agenda Item No. 10E January 23, 2007 Page 16 of 20 title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the easement in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. 7. It is anticipated that the Developer will need an approximate 15 -20 foot wide drainage easement through the Pond Parcel to connect to its outfall. At Developer's written request, County shall promptly provide the Developer with such an easement through a mutually agreed - upon location. All costs associated with this easement shall be paid by Developer. 8. The County will provide the Developer with the ability to upgrade the fencing between the Pond Parcel and the remaining land at the Developer's expense. 9. The Developer shall be considered vested for transportation concurrency for 206 residential units upon the conveyance of the Pond Parcel to the County. The Developer may seek to reserve roadway capacity prior to the conveyance of the Pond Parcel by the regular approval and reservation process in the LDC. 10. The Developer may terminate this Agreement if the contemplated conveyance of the Pond Parcel significantly impacts the Developer's ability to develop the remaining land consistent with the conceptual development plan as shown in Exhibit "B" because of permitting restrictions resulting from the pending conveyance. Should Developer so terminate this Agreement, and should Collier County or any other govenunent agency in the future, including but not limited to FDOT, seek to acquire the Pond Parcel through eminent domain proceedings as party of a road project, Developer will accept the sum of $3,000,000 as compensation for the Pond Parcel. The Developer reserves the right to make a claim for severance damages to the remainder parcel resulting from such condemnation. This provision shall survive any termination of this Agreement by Developer. 11. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 12. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 13. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 14. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. Page 4of7 Agenda Item No. 10E January 23, 2007 Page 17 of 20 15. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.LC.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 Waterways Joint Venture VII: Attn: Richard Davenport 14627 Collier Blvd. Naples, Florida 34120 Phone: (239) 352 -6610 Facsimile: (239) 352 -1460 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 16. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 17. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 18. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 19. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. Page 5 of 7 Agenda Item No. 10E January 23, 2007 Page 18 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk AS TO DEVELOPER: Signed, sealed and delivered in the presence o£ S ignature Printed Name Signature Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JIM COLETTA, Chairman Waterways Joint Venture V I: Richard Davenport, Partner STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, by Richard Davenport, as President of Waterways Development, Inc., as General Partner of Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture V, who is personally known to me or has produced as identification. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney Notary Public Print Name: My Commission Expires: Page 6 of 7 Agenda Item No. 10E January 23, 2007 Page 19 of 20 LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A Legal description and graphic rendering of Development Exhibit B Legal description and graphic rendering of Pond Parcel Exhibit C Legal description and graphic rendering of ROW Parcel Exhibit D Form of Warranty Deed Exhibit E Impact Fee Credit Ledger Page 7 of 7 ry USE COMM. GNTR:( � � GATE i `� . ,I � _ 7 ;„.� i,p,, BMX - ' „r` " ��• ... t w j i, r i �L LY: �f06 *7.. ,. ��€ it LLAGr- Nor d k.,. -ter-'. a. MAC 'RIAt x r. „ 9 f r: y�T •`� L � ,�'' _9! _ dam• -+,.,� N' x - � iii,. , g F � ' 3 'r.a �k VEfa. e f WA x WEST TF F a:" Agenda Item No. 1 O January 23, 2007 EXECUTIVE SUMMARY Page 1 of 25 Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. OBJECTIVE: To obtain BCC approval of the DCA to acquire right -of -way, an easement, water management and advanced funding for the expansion of Davis Boulevard from Radio Road to Collier Boulevard "The Project ". This agreement would be in accordance with the overall objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted on January 12, 2006. CONSIDERATIONS: Improvements to Davis Boulevard have been recognized as the highest priority by the Collier County MPO since 1999. The roadway currently operates at LOS "F" and the intersection of Collier Boulevard and Davis Boulevard is recognized as a critical intersection. This project is funded for design only, with a pending commitment from FDOT for a 20 million dollar advancement reimbursement for construction if the County can secure the necessary right -of -way, funding and water management in advancement of construction. This agreement and companion items Alligator Alley PUDZA AR# 6417 as well as the Mystique DCA are critical to securing the 20 million dollar funding from FDOT. The Developers have also agreed to provide a drainage easement at no cost to the County to facilitate access to the proposed pond site on the Mystique property. They have also donated and reserved right of way necessary to finalize the right of way needs for the project. The easement, donation and reservations are shown in exhibit "C ". The value for the reservation is consistent with the lower valuation as outlined in the attached appraisal memo. The Developers have also agreed to prepay their roadway impact fees in the amount of $1,581,660 and to the withholding of certificates of occupancy for 120,000 square feet of retail space until December 31, 2009 or the Project is substantially complete. It should also be noted that without area 5 as shown on exhibit "C ", The County /FDOT would be forced to acquire right of way from the existing gas station which has been estimated conservatively at 5 to 7 million dollars in damages and purchase. This agreement has been initiated by the County to expedite the Project and has not been proposed by the Developers. FISCAL IMPACT: A budget amendment is needed to recognize funds in the amount of $1,581,660 to be received from the developer for roadway impact fees and will be deposited into the Davis Boulevard Widening Project within the Road Impact Fee District 2 Fund (336). The agreement would allow for the purchase of 59,599 square feet of property at the fixed price of $15.72 a square foot for a total purchase price of $936,896 and will be paid from the Road Impact Fee District 2 Fund (336) at a later date. The savings compared to the purchase of the gas station parcel is several million dollars. GROWTH MANAGEMENT: This Developers Contribution Agreement would be consistent with the goals and objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted January 12, 2006, (incorporated into the Collier County Growth Management Plan), and the Transportation Element of the GMP. RECOMMENDATION: That the Board of Commissioners approves this DCA between the Developers and Collier County to obtain the right -of -way, an easement and water management necessary to finalize the commitment from FDOT for the advancement Agenda Item No. 1 O January 23, 2007 reimbursement agreement for 20 million dollars and approve the necessary budgie 2 of 25 amendment. Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division Attachments: 1) The Developers Contribution Agreement; 2) Appraisal Memo; 3) Project Locus Map; 4) Exhibits A; 5)Exhibits B; 6) Exhibits C; 7) Exhibit D; 8) Exhibit E Agenda Item No. 1OF January 23, 2007 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10F Item Summary: This item to be heard at 1:00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson. Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder. Administrator, Transportation Services) Meeting Date: 1,23/2007 9:00:00 AM Approved By Nick Casalanguida Project Manager Date Transportation Services Transportation Planning 115/2007 11:02 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11912007 1:42 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Administrator Community Development & Community Development & Environmental Services Environmental Services Admin. 1/912007 4:55 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin V1012007 9:33 AM Approved By Michael J. DeRunt2 Principal Planner Date Community Development & Environmental Services zoning & Land Development Review V1012007 4:29 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1!1112007 8:10 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1/11/2007 9:36 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1111/2007 10:43 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11112007 1:40 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 111212007 7:21 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/15/2007 1219 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1116,2007 7:05 PM Agenda Item No. 1 O January 23, 2007 Page 4 of 25 `�1 Ljl fir' Memorandum Ji. To: Nick Casalanguida, Planning Manager From: Harry Henderson, SRA, Review Appraiser TE /CM, Right of Way Date: January 3, 2007 Subject: Valuation Analysis, Davis Crossings /Market Center DCAs I have been asked to evaluate 5 parcels needed for Davis Boulevard roadway improvements which are currently part of the Davis Crossings and Market Center Commercial PUDs. The acquisition of these parcels is currently being negotiated as part of the DCAs associated with the approval of these projects. All of the identified parcels are portions of multi -acre commercial sites, none involve impacts to outparcels. The various parcels involve takes of 668sf, 6,235sf, 31,226sf, 33,111sf, 21,470sf. The current status of the parent tracts is raw /unimproved land. The parcels are valued based upon a review of recent sales involving similar commercial sites in the area. These sales are briefly described as follows: 1. SEC of Pine Ridge Rd/Napa Blvd. Sold 5/06 for $6,300,000 Size: 7.63 acres Reflects: $18.96/sf 2. NEC of Radio Rd/Livingston Rd. Sold 11105 for $13,525,000 Size: 15.97 acres Reflects: $19.44isf 3. SWC of Pine Ridge Rd. /Whippoorwill Lane Sold 7/05 for $9,500,000 Size: 15.54 acres Reflects: $14.03 /sf These sales show a unit prices ranging from $14.03/sf to $19.44/sf, given differences in specific location, differences in entitlement status, size factor differences as well as time /market changes a unit price of $16.00 /sf is judged to be most reasonable for the various subject lands at this time. Thus- 668 sf x $16 /sf = $10,700 (rounded) 6235 sf x $16 /sf = $99,800 (rounded) 31,226 sf x $16 /sf = $500,000 (rounded) 21,470 sf x $16 /sf = $343,500 (rounded) Aggregate Value of lands to be acquired: $954,000 HH Transportation Division TE /CM tiER BL NIXED USE C omm. C(!k1TR:( � , C iai4TE 'w J �T r i I -G .E,q, - W, ��y a MAC T 1AD 6 � .r 4 DUL£V'ARD COMM BITER . WESe r... cT r '7r'Ry �ddd R . A_1'i' x``Y..;_ aA.. ~..di44,.. ..:... . _ —�. -`��.� i 7 . -: 'i.�.._ _._.. _.i .�... y34�• ,1�� f _- .�: Agenda Item No. 1 O January 23, 2007 Page 6 of 25 DEVELOPER AGREEMENT DAVIS BOULEVARD PROJECTS THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of , 2007, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR -I Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201 (collectively referred to as "Benderson ") and Ronald Benderson 1995 Trust, WR -I Associates, a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201, and Market Center Association, Inc., a Florida not for profit corporation, its successors and/or assigns whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201 (referred to as "Westport") and DAVIS CROSSINGS, LLC; DAVIS CROSSINGS II, LLC; DAVIS CROSSINGS III, LLC; DAVIS CROSSINGS IV, LLC; DAVIS CROSSINGS V, LLC; DAVIS CROSSINGS VI, LLC; DAVIS CROSSINGS VII, LLC; DAVIS CROSSINGS VIII, LLC, all of which are Florida limited liability companies, whose address is 8441 Cooper Creek Blvd., University Park, Florida 34201 (collectively referred to as "Davis Crossings ") (Benderson, Westport and Davis Crossings shall hereinafter collectively be referred to as "Developers "), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Benderson is the owner of certain developed undeveloped lands laying adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD "), more specifically I -75 /Alligator Alley PUD, which PUD is proposed to be amended by Petition No. PUDZ- 2004 -AR -6417 and its related pending Site Development Plan Application No. SDP -AR -4171. A legal description and sketch of lands in this PUD are attached as Exhibit A; and WHEREAS, should Petition No. PUDZ - 2004 -AR -6417 be granted, the 1 -75 /Alligator Alley PUD will be amended. Benderson will need an additional Certificate of Adequate Public Facilities for transportation coneurrency purposes for an additional 135,000 gross leasable square feet of retail space, resulting in this PUD at build -out to contain a total of approximately 265,000 gross leaseable square feet of retail /office space; and WHEREAS, to obtain this Certificate, Benderson is willing to prepay to the County 100% of the current Road Impact Fees for this additional space in the anticipated sum of $1,581,660; and WHEREAS, Davis Crossings is the owner of a PUD located adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida, known as the I -75 /Collier Boulevard Commercial Center PUD. A legal description and sketch of lands in this PUD is attached as Exhibit B; and Agenda Item No. 10F January 23, 2007 Page 7 of 25 WHEREAS, Westport is the owner of parcels of land within the Westport Commerce Center MUPUD which County desires to use to expand Davis Boulevard and land upon which the County desires a drainage easement and Westport is willing to reserve it for future conveyance, in the approximate location show in Exhibit C; and WHEREAS, in connection with widening Davis Boulevard to six lanes Benderson estimates that it can accept within the I -75 /Alligator Alley PUD stormwater management system stormwater runoff from Davis Boulevard for approximately 1.0 acre of proposed road right -of- way; and WHEREAS, Davis Crossings is willing to reserve for future conveyance to the County a strip of property located within the PUD which is required for the future expansion of Davis Boulevard in the approximate location shown in Exhibit C; and WHEREAS, Benderson, Westport and Davis Crossings acknowledge and represent to Collier County that consideration granted to one is consideration granted to all developer parties; and WHEREAS, Developers wish to enter into this Agreement, which grants Benderson vested concurrency rights, and County wishes to enter into this Agreement in order to facilitate the widening of Davis Blvd; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance; and d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement. Page 2 of 12 Agenda Item No. 10F January 23, 2007 Page 8 of 25 WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Subject to applicable Federal, State and local governmental approvals, Benderson will provide County stormwater management outfall within the I -75 /Alligator Alley PUD for the Davis Boulevard Drainage. The Alligator Alley stormwater management system (the "System ") shall be designed to treat surface water to specified water quality standards pursuant to all governmental permits and approvals for the 1 -75 /Alligator Alley PUD. The County agrees, subject to Florida Statutes Section 768.28, that any surface water entering the System from the Davis Boulevard Drainage will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Development without modification(s) to the System, and that surface water discharged into the System will comply with the requirements of the County -wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. The maximum volume of water that will be accepted into the System from the Davis Boulevard drainage is limited to the amount required to drain one acre of the proposed Davis Boulevard right -of -way. 3. Westport shall grant drainage easements (the Drainage Easements) at no expense to the County and Westport and Davis Crossings shall reserve for future conveyance to the County right -of -way for the expansion of Davis Boulevard in the approximate locations shown in the attached Exhibit C (the "Subject Parcels "), the exact legal description of which is to be later determined by the County. The Subject Parcels will be conveyed no later than December 15, 2007, at the fixed rate of $15.72 per square foot multiplied by the square footage of the land conveyed. Westport and Davis Crossings shall convey the Subject Parcels to the County in fee simple, free and clear of all liens and encumbrances (excepting those certain conservation easements identified in Plat Book 41, Pages 60 and 61; OR Book 4098, Page 2160; OR Book 3270, Page 1801; and a Landscape Easement identified as landscape tract L -2 in Plat Book 41, Pages 60 and 61, collectively referred to herein as the "Exceptions ") made by an executed Warranty Deed provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit E. County will pay the costs of any title work and searches, and Westport and Davis Crossings shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work, excepting the Exceptions, which County will be responsible for clearing and mitigating. Developer shall fully cooperate with County and utilize all due diligence in helping County clear and mitigate the Exceptions. Upon receipt, the County shall record the Warranty Deed in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by Westport and Davis Crossings. With respect to this provision, time is of the essence. It is acknowledged that Westport and Davis Crossings' failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Westport and Davis Page 3 of 12 Agenda Item No. 10F January 23, 2007 Page 9 of 25 Crossings shall pay to County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. All provisions of this Agreement shall survive closing and be enforceable by the County and Westport and Davis Crossings and their successors and assigns. It is anticipated that absent this conveyance, the Subject Parcels would be scheduled for condemnation as part of the FDOT design and acquisition for the Davis Blvd improvements. Since the Subject Parcels are being acquired for public use, in lieu of future condemnation, it is expressly agreed that the provisions of LDC §1.04.04.B (Ordinance No. 2006 -07), a copy of which is attached hereto and incorporated by reference as Exhibit "D" shall apply to these two developments. Accordingly, nothing in the Westport and Davis Crossings PUD projects shall be deemed nonconforming or in violation of any Collier County requirements as a result of these easement grants and conveyances in lieu of condemnation. 4. If requested by the county attorney, the Developers shall provide to the county attorney, at no cost to the county, an attorney's opinion identifying the record owner, his authority to enter into this Agreement and identify any lien holders having a lien or encumbrance on the Subject Parcel. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 5. Within 30 days final approval of PUD Amendment, Petition No. PUDZ- 2004 -AR- 6417 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed, Benderson shall prepay to County 100% of the County's estimated Road Impact Fees for 135,000 gross leaseable square feet of retail space in the anticipated amount of $1,581,660. Upon payment of these fees, Benderson shall receive a corresponding Certificate of Adequate Public Facilities ( "Certificate "). For the purposes of meeting the County's Transportation Concurrency requirements, the I -75 /Alligator Alley PUD will be vested for 265,000 gross leaseable square feet of retail /office commercial space. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits. The Certificates will run continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, Benderson shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may, at Benderson's election (1) be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements, or (2) be promptly returned to Benderson. It is expressly understood that the prepaid Road Impact Fees will be utilized in the order in which the Building Permits are reviewed by Collier County's Impact Fee Administrator, irrespective of whether Benderson assigns all or part of the Development. 6. The 1 -75 /Alligator Alley PUD will show an interconnection on the west side, which shall be determined at final Site Development Plan. Page 4 of 12 Agenda Item No. 10F January 23, 2007 Page 10 of 25 7. Benderson agrees that in order to assist with the congestion on Davis Blvd., that with respect to the final 120,000 leaseable square feet of retail /office commercial space for the I- 75 /Alligator Alley PUD, no certificates of occupancy will issue until the earlier of December 31, 2009, or until the first phase of the Davis Blvd. improvement project from Collier Blvd. to Radio Road is deemed by the County to be substantially completed. 8. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 9. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developers may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 10. Developers acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 11. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 12. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 To Developers: 8441 Cooper Creek Boulevard University Park, Florida 34201 Phone: (941) 359 -8303 Facsimile: (941) 359 -1836 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 13. Developers shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Page 5of12 Agenda Item No. 1 O January 23, 2007 Page 11 of 25 Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 14. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 15. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 16. This Agreement is contingent on and shall not become effective until final approval of PUD Amendment, Petition No. PUDZ- 2004 -AR -6417 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed. If an appeal is filed by a third party, then on written notice, any party may terminate this Agreement. During y this contingency period, County shall reserve for the Developments sufficient capacity on the County's transportation network for 265,000 gross leaseable square feet of retail /office commercial space and 147,000 gross leaseable square feet of retail /office commercial space for each of the respective Developments. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW Page 6 of 12 Agenda Item No. 1 O January 23, 2007 Page 12 of 25 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk AS TO DEVELOPER: WITNESSES: Print Name: Print Name: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk JIM COLETTA, CHAIRMAN STATE OF FLORIDA COUNTY OF MANATEE David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust The foregoing instrument was acknowledged before me this , day of , 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No Page 7 of 12 2007. Expiration Date WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Agenda Item No. 10F January 23, 2007 Page 13 of 25 WR -I ASSOCIATES, LTD. By: BG The Village, LLC, General Partner David H. Baldauf, as Manager The foregoing instrument was acknowledged before me this , day of 2007 by David H. Baldauf, as Manager of BG the Village, LLC, General Partner of WR -I ASSOCIATES, LTD., who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL " OR EMBOSSED SEAL Notary Public Printed Name Commission No. Page 8 of 12 2007. Expiration Date WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Agenda Item No. 1 O January 23, 2007 Page 14 of 25 DAVIS CROSSINGS, LLC DAVIS CROSSINGS II, LLC DAVIS CROSSINGS III, LLC DAVIS CROSSINGS IV, LLC DAVIS CROSSINGS V, LLC DAVIS CROSSINGS VI, LLC DAVIS CROSSINGS VII, LLC DAVIS CROSSINGS VIII, LLC David H. Baldauf, Manager The foregoing instrument was acknowledged before me this day of 2007 by David H. Baldauf, as Manager of DAVIS CROSSINGS, LLC; DAVIS CROSSINGS II, LLC; DAVIS CROSSINGS III, LLC; DAVIS CROSSINGS IV, LLC; DAVIS CROSSINGS V, LLC; DAVIS CROSSINGS VI, LLC; DAVIS CROSSINGS VII, LLC; DAVIS CROSSINGS VIII, LLC, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Page 9of12 Expiration Date WITNESSES: Print Name: Print Name: Agenda Item No. 1 O January 23, 2007 Page 15 of 25 RONALD BENDERSON 1995 TRUST. Name: Title: STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was acknowledged before me this day of 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated ' known as the RONALD BENDERSON 1995 TRUST, on behalf of the Trust, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 10 of 12 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Agenda Item No. 1 O January 23, 2007 Page 16 of 25 MARKET CENTER ASSOCIATION, INC. M. Name: Title: The foregoing instrument was acknowledged before me this day of 2007 by as of MARKET CENTER ASSOCIATION, INC., a Florida not for profit corporation (the "Corporation "), on behalf of the Corporation, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney Notary Public Printed Name Commission No. Expiration Date Page 11 of 12 Agenda Item No. 10F January 23, 2007 Page 17 of 25 SCHEDULE OF EXHIBITS EXHIBIT A - Legal description and sketch of lands of Benderson's Development. EXHIBIT B - Legal description and location map of Davis Crossings' Development. (1 -75 /Collier Boulevard Commercial Center PUD) and the Westport Commerce Center MUPUD. EXHIBIT C Sketch of Approximate Future Right -of -Way South of Davis Boulevard. EXHIBIT D Form of Warranty Deed Page 12 of 12 Agenda Item No. 1 O "M January 23, 18 of 25 Page 18 of 25 HOLE MONTES OCMRS • M A*A%- SURVEM 950 Encore Way - Naples, Florida 34110 • Phone: 239.2542000 - Fax: 2392542099 HM PROJECT #2002012 8!2/2005 REF. DWG. #B -5586 Page I of 1 LEGAL DESCRIPTION: EXHIBIT A -2 ALL OF LOTS 3,4 & 5 AND TRACT A AND PORTIONS OF LOTS 2 & 6 AND TRACT R OF 951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES 1 THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN A PORTION OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 3,951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES i THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°26' 16 "W., ALONG THE WEST BOUNDARY OF SAID 951 COMMERCE CENTER FOR A DISTANCE OF 1,114.08 FEET TO THE NORTHWEST CORNER OF LOT 5, OF SAID 951 COMMERCE CENTER; THENCE RUN S.89 °46' 14 "E., ALONG THE NORTHERLY BOUNDARY OF LOT 5 AND LOT 6 OF SAID 951 COMMERCE CENTER FOR A DISTANCE OF 990.72 FEET; THENCE RUN S.23° 17'1 0"E., ALONG THE BOUNDARY OF SAID LOT 6 FOR A DISTANCE OF 68.01 FEET; THENCE RUN S.00°32' 14 'E., ALONG THE BOUNDARY OF SAID LOT 6 FOR A DISTANCE OF 254.44 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL, AS DESCRIBED AT O.R. BOOK 3643 AT PAGES 3528 -3531, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°46' 14 "W., ALONG THE SAID NORTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 3643 AT PAGES 3528 -3531, FOR A DISTANCE OF 178.72 FEET TO A POINT ON THE EASTERLY R -O-W LINE OF BEDZEL CIRCLE, TRACT R OF SAID 951 COMMERCE CENTER; THENCE RUN S.00. 13'46 'W., ALONG THE SAID EASTERLY R-O-W LINE OF SAID BEDZEL CIRCLE, TRACT R, FOR A DISTANCE OF 84.61 FEET; THENCE RUN N.89 °46' 14"W, FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY R -O-W LINE OF SAID BEDZEL CIRCLE, TRACT R; THENCE RUN S.00° 13'46"W., ALONG THE WESTERLY R -O-W LINE OF SAID BEDZEL CIRCLE, TRACT R FOR A DISTANCE OF 322.61 FEET TO A POINT ON A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY ALONG THE R -O-W LINE OF SAID BEDZEL CIRCLE, TRACT R AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 91.92 FEET AT A BEARING OF S.45 °13'46"W_, FOR A DISTANCE OF 102.10 FEET TO THE END OF SAID CURVE; THENCE RUN N. 89 °46' 14"W., ALONG THE NORTHERLY RO- W LINE OF SAID BEDZEL CIRCLE, TRACT R FOR A DISTANCE OF 285.00 FEET; THENCE RUN S.00'32' 14"E., FOR A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 2559, PAGE 1831 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE S.00°32' 14 "E., ALONG THE WESTERLY BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 2559, PAGE 1831 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A DISTANCE OF 265.03 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID 951 COMMERCE CENTER; THENCE RUN N.89 °46' 14 "W., ALONG THE SOUTHERLY BOUNDARY OF SAID 951 COMMERCE CENTER FOR A DISTANCE OF 423.92 FEET TO THE POINT OF BEGINNING; CONTAINING 19.049 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF 951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES 1 THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89 °46' 14 'W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY �/ 00► A. &6' � P.S.M. #5628 THOMAS M.MU]kPHf STATE OF FLORIDA Naples • Fort Myers - Vence L.L r— Lr) (!;- 7 N O O cz cc M C-4 r- ui cri Go NA-- n Z Zip52of Z 0- co A :9Z at Z 0 CL w L) (n W O C.D LAJ Z 1-4 CL Cq O 1-4 C-) 0 C.) LAJ ]4 V) ctc C-4 4 L D W) I o C; 0 *UZ LLI 0 2 ") t04 Of in M C,4 .2 0 :s CL 01,7 —. - m 40 ,j 6 (7) N4 0 04j 3: 3: C-4 to r CG rn cn zCa co- z LA -z10 zi L, 0-1 Z Zip52of Z 0- co A :9Z at Z 0 CL w L) (n W O C.D LAJ Z 1-4 CL Cq O 1-4 C-) 0 C.) LAJ ]4 V) ctc C-4 4 L D W) I o C; 0 *UZ LLI 0 2 ") t04 Of in M C,4 .2 0 :s CL CN (7) Z Zip52of Z 0- co A :9Z at Z 0 CL w L) (n W O C.D LAJ Z 1-4 CL Cq O 1-4 C-) 0 C.) LAJ ]4 V) ctc C-4 4 L D W) I o C; 0 *UZ LLI 0 2 ") t04 Of in M C,4 .2 0 :s CL Agenda Item No. 10F January 23, 2007 Page 20 of 25 EXHIBIT "B" 1 -75 /COLLIER BOULEVARD COMMERCIAL CENTER PUD LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 FAST, BEING PART OF TRACT 1, GATOR GATE, AS RECORDED IN PLAT BOOK 7, PAGE 2, PUBLIC RECORDS OF SAID COLLIER COUNTY, AND A PART OF TRACT 2, GATOR GATE, UNIT 2, AS RECORDED IN PLAT BOOK 7. PAGE 54, OF SAID PUBLIC RECORDS BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE S00028'36"W ALONG THE WEST LINE OF SAID FRACTION FOR 50.00 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84; THENCE S89 °42'1 9 "E ALONG SAID SOUTH LINE FOR 200.00 FEET TO THE POINT OF BEGINNING; THENCE S0012816"W ALONG A LINE PARALLEL WITH AND 200.00 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) SAID WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER FOR 900.00 FEET; THENCE S89042 -19 -E ALONG A LINE PARALLEL WITH AND 900.00 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) SAID SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84 FOR 1012.98 FEET TO THE WEST RIGHT -OF -WAY LINE OF COUNTY ROAD 951; THENCE N00050'42 "E ALONG SAID WEST RIGHT -OF -WAY LINE FOR 500.04 FEET TO A POINT OF INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 905.71 FEET AND TO WHICH POINT A RADIAL LINE BEARS N63 °40'35 "E; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 012'47" FOR 572.44 FEET TO SAID SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84; THENCE N89042'19"W ALONG SAID SOUTH RIGHT -OF -WAY LINE FOR 618.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19.54 ACRES, MORE OR LESS. ASSUMED NORTH BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST AS BEARING N89 042 -19"W. Agenda Item No. 1 O January 23, 2007 EXHIBIT "B" Page 21 of 25 WESTPORT COMMERCE CENTER MUPUD LEGAL DESCRIPTION Westport, being approximately 97.0 acres, is legally described as follows: PARCEL A A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida. all being more particularly described as follows: Commence at the Eau Quarter corner of said Section 3; thence S. 89020105"W., 100.04 feet along the South boundary of said Northeast Quarter to the West right -of -way line of County Road No. C -951, according to State Road Department Right -of -Way Map Section 03510 -2602, and the POINT OF BEGINNING; thence continue S. 89'20'05"W., 1201.06 feet to the Southwest comer of the East Half of the Northeast Quarter of said Section 3; thence N.00'29'2 I" E., 2456.56 feet along the West boundary of said East Half of the Northeast Quarter, thence N. 89 °42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N.00 °29'21" E., 300.00 feet to the South right -of -way line of State Road No. 84 (Davis Boulevard) per State Road Department Right -of -Way Map Section 03506 -2601; thence S.89 °42'03" E., 600.00 feet along said right -of -way line; thence S. 00'29'21" W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S. 89 °42103" E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, to the West right -of -way line of said County Road No. C-951; theme S. 00 °51'53" W., 1836.42 feet along said right- of -way line to the POINT OF BEGINNING, Containing 58.04 acres, more or less. PARCEL B A portion of Tract 1. Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of the East half of the West Half of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County, Florida, all being more particularly described as follows: Continence at the East Quarter corner of said Section 3; thence S.89 °20'05" W., 1301.10 feet along the South boundary of said Northeast Quarter to the Southeast comer of the West Half of the Northeast Quarter of said Section 3 and the POINT OF BEGINNING; thence N. 00 °29'21" E., 2456.56 feet along the East boundary of said West Half of the Northeast Quarter; thence N. 89 °42'03" W., 400.00 feet, parallel with the North botmdery of the Northeast Quarter of said Section 3; thence N. 00.29'21" E., 300.00 feet to the South right- of-way line of State Road No. 84 (David Boulevard) per State Road Depasto am Right -of -Way Map Section 03506- 2601; thence N. 89 °42'03" W.,136.44 feet along said right -of -way lice to the beginning of a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet along said right- of-way line and curve through a central angle of 2'11'07 (chord bears S. 89° 12'24 ". W., 122.96 feet) to the West boundary of the East Half of the West Half of the Northeast Quarter of said Section 3; thence S. 00 °18'13" W., 2765.15 feet along said West boundary to the South boundary of the Northeast Quarter of said Section 3; thence N, 89°20'05" E., 650.55 feet along said South boundary to the POINT OF BEGINNING, Containing 38.77 acres, more or less. 31 Ml Agenda Item No. 10F January 23, 2007 Page 22 of 25 iM3 tv Z 77V 7V 4 7— 10 > X, co pa, W, -7i ER BOULEVA-RD(CP, No. 951) V N� 34� Al DAMS CROSSINGS/ MAR= CENTER BEMERSON DEVELOPMENT LOCATION MAP I . Al I If Jigam'NOT ixamaoriaAR(I NOMCNEM UUKHO ISX"N /SDNMOID SI►VU < 11�b -AD)CIIIVA:IjnOII 0 mo > U- 0 F- C/) x ci LJJ LIJ of < z Lj- LU < O C-4 CL < 11�b -AD)CIIIVA:IjnOII 0 mo > U- 0 F- C/) x ci LJJ LIJ of 00 Lj- LU C-4 CL 0 C '2 D CL V5z 75 C 0 0 (D 0°_U W (D C-) = CO 0 >E)E 4) Q rI E Z-- 0 0 LWW'Sw '10, HOOK .Lv-w W_;tmo LMQW (,m31vmnHO1S).6-S. loval UJ E z uj E a. 0 :) UJ 0 (D �e a � cr z r- < (D FoE till say s LO 0 \ vo J-33HIS 13)rdVN Vu loval — ---------------------- T w z < LU U)'Q zm Z O co 00 C-4 Ln UJ E z uj E a. 0 :) UJ 0 (D �e a � cr z r- < (D FoE till say s LO 0 \ vo J-33HIS 13)rdVN Vu loval — ---------------------- T w z < LU U)'Q zm Z O co Agenda Item No. 1 O January 23, 2007 EXHIBIT "D" Page 24 of 25 B Minimum standards-, nonconformities created by public acquisition 1. All lots or yards created after the effective date of this Code must comply with the requirements then established by this Code. 2. No lot. even though it may consist of one or more abutting lots of record or yard, existing at the effective date of this Code or lawfully existing on the effective date of applicable amendments to this Code shall thereafter be reduced in its degree of compliance, including its size, dimension. or area, below the minimum reguirements then set forth in this Code, except by reason of a portion thereof being acguired for public use in any manner, including dedication, condemnation. ourchase, and the like. a. Required yards on improved lots, lot area, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legally nonconforming as & result of being acquired for public use, may be reduced by the same dimension, area, or amount involved in the dedication condemnation, purchase, or similar method of acquisition for public use, but shall not result in a front yard of less than ten feet (10') in depth. Accordingly. the resultina dearee of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements will be deemed lawful unless or until the remaining lot or yard is recreated typically by re- development. re -plat or lot re- combination. at which time such lots and yards must comply with the requirements then established by this Code. Further. no conforming lot otherwise ouaiifying for a lot split or lot line adiustment pursuant to Sec. 10.02.02. B.S: 10.02.02. 6.12.1.04.04 or 9.03.03.A.5 may be denied such approval solely on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the apolicable zoning district as a result of acquisition, from [the effective date of this ordinance]. b. Other existing site related leaal nonconformities. inciudina those rendered more nonconforming as a result of acquisition for public use and which pertain to this Code's or other county code requirements, such as, but not limited to, stormwater management, landscaping or buffers. preserves, cn- or off-site parking, architectural design standards, etc.. will be deemed legally nonconforming, and all such resulting nonconformities may be allowed to remain so nonconforming, unless or until the remainino lot or yard is subseauently re- created or re- developed, at which time such site related nonconformities and development must comply with the then existing reguirements of this Code. C. In those circumstances where acquisition for public use of a portion of a lot or yard would result in one or more nonconformities that would require approval of a development order or permit in order to implement the terms of the acquisition, i.e., in order to cure or remedy the effect of an acquisition. (e.a., an SDP or building parmit required to relocate a prior existing building), the County manager, or designee. is authorized to approve such development order or oermit so Iona as any prior existina lecaf_nonconformity of the tvpe set forth in b. above would not be increased. 3. This section may be appiied to those acquisitions occurring prior to the adoption of this ordinance so long as the purchase or dedication of the property has not closed. or the condemnation proceeding relating to the property acquired has not reached final disposition. C. Other than provided for immediately above, required off - street parking shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified or equivalent required off - street parking is provided meeting the reguirements of this LDC. PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED lanuary-2aZ407 Page 25 of J25 THIS WARRANTY DEED made this day of 20_.., by, (hereinafter referred to as "Grantor"), whose post office box is (ADDRESS) to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as 'Grantee"). (Wherever used herein the terms "Grantor' and 'Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit; See Attached Exhibit 'A' which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD 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 land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all en.:umbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: By: (Signature) (Print Full Name) (Signature) (Print Full Name) [GRANTOR NAME] Agenda Item No. 10G January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Contract 07 -4075 - "Lely Area Stormwater Improvement Project (LASIP) Phase IA" to Mitchell & Stark Construction Company, Inc. in the amount of $2,459,003.00 (Stormwater Management Department Project #51101) OBJECTIVE: To award Contract 07 -4075 to Mitchell & Stark Construction Company, Inc for the construction of the Lely Area Stormwater Improvement Project (LASIP) Phase 1A, in the amount of $2,459,003. The public purpose of this project is to improve stormwater management in the Lely area of Collier County, a group of communities with long= standing flooding problems. CONSIDERATIONS: The scope of this construction within the Lely Area Stormwater Improvement Project (LASIP) consists of construction of Phase IA, which is a one -mile portion of canal that begins at Rattlesnake Hammock Road and runs north for one mile. These improvements are part of an existing drainage system for an 11,000 acre area in East Naples. The entire project area is generally bounded on the north by Radio Road, on the east by County Road 951, on the west by an existing FP &L easement located approximately 1.5 miles west and parallel to Airport- Pulling Road, and along the south by estuarine wetlands associated with Naples Bay and Rookery Bay. The Project area has two basins. The westernmost basin, which is known as the Lely Canal Basin, outfalls south of Dollar Bay through the Lely Canal. It is this basin of which phase IA is part. For many years it has been considered that the Lely region generally suffers from the lack of a comprehensive, designed outfall system. This is because land use within the basin consists of a combination of modern developments that have improved water management systems consistent with current design requirements, alongside older existing neighborhoods that were developed before water management systems were required. The latter areas provide little if any water quality improvements for stormwater iunoff. The initial design and permitting efforts took place in 1989, utilizing Law Environmental, Inc. and their sub - consultant, Applied Technology and Management, Inc. It was later decided to add Agnoli, Barber & Brundage (ABB) and a group of other sub- consultants to the design and permitting team. The Board of County Commissioners (BOCC) awarded the "Lely Area Stormwater Improvement Project - Phase 1 Design Professional Services Agreement" contract, ( #97 -2715) to Agnoli, Barber & Brundage, Inc at the regular BOCC meeting of February 23, 1999. The contract was awarded in the amount of $79,926. Eleven work order Modifications or Addendums to the contract have followed to continue the design process as the goals and objectives have become clearer. The Environmental Resource Permit (ERP) issued by South Florida Water Management District was issued October 14, 2004 and the ERP issued by US Army Corps of Engineers was granted July 28, 2005. The engineer's estimate for construction was $2,585,530.67. Bid #07 -4075 - "Lely Area Stormwater Improvement Project (LASIP) Phase IA" was posted on November 2, 2006 and notices were sent to 293 firms. Eleven firms purchased plans, and six bids were submitted on January 3, 2007. Mitchell & Stark Construction Company, Inc submitted Executive Summary Award Bid Page 2 Agenda Item No. 10G January 23, 2007 Page 2 of 5 the lowest base bid price. All companies that submitted also provided prices for both alternate bid items, which were 1) cost to truck dredged material to an offsite location; and 2) cost to erect 1 mile of chain link fence along the drainage easement after construction is complete. Staff will not, at this time, be directing the contractor to perform either alternate because details for both items have not been decided and agreed upon by all stakeholders. Mitchell & Stark Construction Company, Inc. was the lowest responsive and qualified bidder for base bid only as well as for base plus alternates. They have a satisfactory performance record on previous projects with the Transportation Division. In consideration of this, and because the Stormwater Department desires to base the award on the base bid, staff recommends award of this construction contract to Mitchell & Stark Construction Company, Inc. Bidding Firm Base Bid Alternates Mitchell & Stark Construction Company, Inc $2,459,003 $223,470 Alliance Steel Construction, Inc $2,619,042.50 $214,400 Douglas N. Higgins, Inc $2,725,289 $172,000 Quality Enterprises USA, Inc $2,782,413.19 $202,500 Haskins Inc. $2,990,048.50 $325,000 WPM Southern, LLC $3,104,254 $490,000 FISCAL IMPACT: $2,459,003 is needed for the construction. Funds in the amount of $2,459,003 are available in the Stormwater Capital Project (51101) Fund 325. Source of funds are Ad Valorem Tax. GROWTH MANAGEMENT IMPACT: The Project is consistent with, and furthers the goals, objectives and policies of, the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of Commissioners award Contract 07 -4075 to Mitchell & Stark Construction Company, Inc for construction of Lely Area Stormwater Improvement Project (LASIP) Phase IA, in the amount of $2,459,003, and authorize the Chairman to execute the standard construction contract after review by County Attorney. PREPARED BY: R. Shane Cox, P.E., Senior Project Manager, Stormwater Management Department. Agenda Item No. 10G January 23, 2007 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10G Item Summary: Recommendation to award Contract 07 -4075 - "Lely Area Stormwater Improvement Project (LASIP) Phase 1 A" to Mitchell & Stark Construction Company, Inc in the am04nt of 82,459,003. (Stormwater Management Department Project 3151101) (Norman Feder, Administrator, Transportation Services) Meeting Date: 1/23/2007 9.00:00 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11101`2007 8:00 AM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 111012007 9:17 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 1110/2007 11:22 AM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transportations Services 111 0120 0 7 11:33 AM Construction Management Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1110/2007 1:54 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 111112007 10:56 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 1111/2007 4:47 PM Approved By Steve Carneil Purchasing /General Svcs Director Date Administrative Services Purchasing 1; 121200711:07 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1!1212007 11:41 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1!1212007 3:33 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 1112/2007 4:49 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/12/2007 5:04 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111 312007 12:25 PM Na�m� az O M ll.Y � v N �'• C Te•� J 4' C3 a 2 z H i. 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OBJECTIVE: To obtain approval for prepayment on the Caribbean Gardens Commercial Paper Loan in the amount of $7,000,000. CONSIDERATIONS: On November 28, 2006, Item 10(C), the Collier County Board of County Commissioners approved a $3,000,000 prepayment on Caribbean Gardens Commercial Paper Loan A -32 -1. The prepayment of $3,000,000 was based upon a $2,000,000 surplus carried forward from the FY -06 tax levy and $1,000,000 from the FY -07 levy. Item 10(C) also informed that "additional principal reduction payments will be made upon receipt of revenues from the FY -07 0.1500 mill tax levy" and explained the role that the timing of ad valorem receipts plays in the prepayment of this loan. Since that time, the majority of the FY -2007 ad valorem dollars have been received and an additional payment of $7,000,000 will be scheduled for January 26, 2007, contingent upon approval of this item. Significant interest savings (approximately $23,333 per month) will result from this prepayment. FISCAL IMPACT: The current principal reduction request will be for $7,000,000 and results in interest savings of approximately $23,333 per month. Funds are budgeted in ,— Fund 220. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approves the prepayment of the Caribbean Gardens related debt, as outlined above. Prepared by: Derek M. Johnssen, General Accounting Manager, Office of the Clerk of the Circuit Court Agenda Item No. 10H January 23, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10H Item Summary: Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $7.000,000. (Jim Mudd. County Manager) Meeting Date: 112312007 9:00.00 AM Prepared By DerekJohnssen General Account Manager Date Clerk of Courts Finance 1/12/2007 11:13:56 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/12/2007 3:32 PM Approved By Crystal Kinzal Director of Finance Date Clerk of Courts Finance 1/16/2007 8:36 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management 9 Budget 1!1612007 5:15 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1!1612007 5:46 PM Agenda Item No. 101 January 23, 2007 Page 1 of 16 EXECUTIVE SUMMARY Recommendation that the Board Of County Commissioners (BCC) give direction to the County Manager or his designee on whether or not to revoke the building permit issued for the Inglis- Spence single family dwelling to be constructed on property located at 502 Coconut Avenue in Goodland, Florida if it is deemed that the permit was issued inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed the County Manager or his designee to evaluate the VR regulations to determine what measures should be taken to ensure that future development will be consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay. OBJECTIVE: Recommendation that the BCC give direction to the County Manager or his designee on whether or not to revoke the building permit ( #2006081072) that was issued for the Inglis- Spence single family dwelling to be constructed at the above referenced property if the BCC deems that the permit was issued inconsistent with the Village Residential (VR) Zoning District Regulations. The BCC also directed the County Manager or his designee to evaluate the VR development standards and applicable regulations to determine what revisions or other measures should be taken to ensure that the future development and/or redevelopment in Goodland is consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay. CONSIDERATIONS: The Building Department indicates that Prime Contractors and Associated, Inc, (the builder) representing Martha Inglis Spence and Harry Buddig Spence submitted building permit number 2006081072 for a residential dwelling on August 9, 2006. The attached outline depicts the review timeline and staff comments for this permit. On August 30, 2006, the Building Department completed their first review. The resulting rejection comments were as follows: • Front, side, and rear yard setbacks do not meet the VR Zoning District setbacks since the structure was determined to be a duplex. The required setbacks in the VR District for a duplex are as follows: Front: 35 feet; Side 15 feet; and Rear: 30 feet. The rejection also included comments from the residential building code plans reviewer as noted on the attached letter (Exhibit A). On September 25, 2006, the contractor resubmitted responses to the Building Department's rejection letter as noted above. The plans were again rejected for not meeting the required setbacks for a duplex. As a result of the second rejection comments, the petitioner entered into a series of discussions and debates between the contractor, architect, and staff resulting in the Building Department seeking an opinion from the Department of Zoning & Land Development -- Review regarding whether the proposed structure was a duplex or a single family dwelling as noted on the attached email (Exhibit B). Agenda Item No. 101 January 23, 2007 Page 2 of 16 Based on the Zoning Department's determination the proposed structure is deemed to be a duplex, the contractor resubmitted the plans for a single family dwelling by removing the wall partition which separated the dwelling units that created the duplex. The removal of the wall allowed the proposed dwelling to be considered one single family dwelling unit subject to the VR development standards. It should be noted the Florida Building Code does not restrict the number of bedrooms, bathrooms or kitchens for a dwelling unit. The Building Code only requires these utilities be in place to meet the definition of a dwelling unit. Furthermore, Section 4.01.02 of the Land Development Code (LDC) provides the following: The second kitchen is allowed in accordance with LDC Section 4.01.02 Kitchens in Dwelling Units which states, "A dwelling unit containing less than 2500 sq ft of living area shall be limited to one primary kitchen. A dwelling unit containing 2500 sq ft of living area or greater may have a secondary kitchen provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit." On November 22, 2006, the Building Department approved the plans for a single family dwelling since the proposed dwelling is consistent with the requirements of the Florida Building Code and with the development standards of the VR Zoning District and the other applicable requirements of the LDC including the following: • Maximum building height: 30 feet* (measured from the base flood elevation of 12.3 feet NAVD to the mean roof line). • Minimum yard requirements: Front: 20 feet; Side 5 feet; and Rear: 20 feet (The setbacks were approved in accordance with the VR standards listed in Section 4.02.00 Site Design Standards -Table 2). *The Goodland Zoning Overlay provides an additional limitation that no building may contain more than two (2) levels of habitable space. It should be noted that the language contained in the VR defining paragraph contains no "prescriptive or dimensional standards." For staff to have rejected the building permit for not complying with the intent of the VR District would have required staff to make subjective decisions with no precedence on which to base such decisions. This action could not have been defended if challenged. For example; the language "relatively low profile" is not specific to Goodland and it would have to be proved that 30 feet from Base Flood Elevation (BFE) to mean roof line does not meet the definition, of low profile for VR, not just in Goodland; there is no precedent to support this. Lastly, the property owner has submitted a letter (Exhibit C) that indicates that they have owned property in Collier County for 37 years and have witnessed dramatically increasing property values in Goodland. They also indicate that they are committed to preserving the village character of Goodland but feel that this does not mean placing another mobile home on the property. As a result, the Building Permit ( #2006081072) was issued on December 7, 2006. Executive Summary 1112107 2 Agenda Item No. 101 January 23, 2007 Page 3 of 16 The BCC also directed staff to evaluate the VR development standards and applicable regulations to determine what revisions or other measures should be taken to ensure that the future development and/or redevelopment in Goodland is consistent with the below listed purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay. Village Residential District "VR ": 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, with relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. Because the VR Zoning District is located in other communities in Collier County, staff recommends that any additional development restrictions intended to maintain the village residential character which is generally low profile, with relatively small building footprints as is the current appearance of Goodland should be added to the Goodland Zoning Overlay (GZO) as provided for in Section 2.03.07.J of the LDC. The Board of County Commissioners approved the GZO approximately five years ago with the following purpose and intent statement: Goodland Zoning Overlay "GZO ". To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) 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. In an effort to determine what those guidelines should be, staff held over 12 night meetings in Goodland in order to discuss and debate the community concerns as well as develop regulations to implement the GZO. With the input of the community, staff developed a 17 question survey that was mailed to 338 property owners (The commercial property owners did not want to be included in the GZO). As noted on the attached survey results (Exhibit D), 152 completed surveys returned with approximately 54 percent supporting the creation of a zoning overlay that includes development standards to address the following concerns: • Limit residential building heights in the VR Zoning District • Revise the minimum lot size and setbacks in the VR and RSF -4 zoning districts to reflect the as built conditions. Executive Summary 1/12/07 3 Agenda Item No. 101 January 23, 2007 Page 4 of 16 • Allow crab traps and other fishing and boating equipment to be stored in front yards of residential lots • Allow parking of major recreational equipment to be stored in any yard subject to the restrictions of the overlay. Since the residents of Goodland never expressed a desire to place a limit on the maximum size of a dwelling, the overlay did not include such a limitation. However, based on the request of the Goodland Preservation Coalition to place a maximum size limit on new dwellings being constructed in Goodland, staff has looked at several options to restrict the maximum dwelling size that can be added to the GZO. Staff has devised several options to limit the maximum size of a dwelling for the residents and the BCC to consider. Following, in descending order of recommendation by staff, are potential mechanisms whereby the scale of structures in the GZO might be regulated to protect and preserve the tropical fishing village and small town environment of Goodland under the overlay. 1. Restrictions could be placed upon new residential development or redevelopment of existing dwellings such that the maximum square footage per structure is not permitted to exceed a percentage (125 -150 percent) of the square footage of the pre- existing structure on the site. If lots are to be combined, then the sum of the square footages of the pre - existing structures on each lot shall not be exceeded by that percentage. 2. A maximum square footage could be developed per lot size of properties under the overlay. This could take into consideration potential larger lot sizes that might be created by the combination of existing lots. 3. The percentage of impervious coverage allowed per lot size could be restricted as an impervious cover ratio, much like a floor area ratio. This mechanism would have to be based upon historic drainage capacity and would not lend itself to the GZO as readily as to an older subdivision or PUD. This would also probably require a reduction in maximum height of structures. 4. Place a specific total maximum floor area limit that would apply to all new residential structures. Both of the first two options would be dependent upon an inventory of existing and /or historic lot size and square footage inventory on GIS to be provided by the Graphics Department. Additionally, separate requirements would have to be drafted for primacy structures, accessory structures and dock facilities, which may or may not be based upon historic accessory structures and dockfacilities. FISCAL IMPACT: As long as the County is in compliance with the requirements of the Florida Building Code and the Land Development Code, there are no direct fiscal impacts to Collier County associated with this agreement. GROWTH MANAGEMENT IMPACT: There would appear to be no growth management impact associated with this Executive Summary based on the requested BCC direction. Executive Summary 1/12/07 4 Agenda Item No. 101 January 23, 2007 Page 5 of 16 RECOMMENDATION: That the Board of County Commissioners give direction to the County Manager or his designee on whether or not to revoke the building permit ( #2006081072) that was issued for the Inglis- Spence single family dwelling as well as providing direction concerning which option staff should take to limit the maximum dwelling size to ensure that the future development in Goodland is consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay. PREPARED BY: Raymond V. Bellows, Zoning Manager Department of Zoning & Land Development Review Executive Summary 1/12/07 cJ Agenda Item No. 101 January 23, 2007 Page 6 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 101 Item Summary: Recommendation that the Board Of County Commissioners (BCC) give direction to the County Manager or his designee on whether or not to revoke the building permit issued for the Inglis- Spence single family dwelling to be constructed on property located at 502 Coconut Avenue in Goodland. Florida if it is deemed that the permit was issued inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed the County Manager or his designee to evaluate the VR regulations to determine what measures should be taken to ensure that future development will be consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay (Joseph K. Schmitt, Administrator. Community Development and Environmental Services) Meeting Date: 1123!2007 5:00:00 AM Prepared By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning 8 Land Development Review 111712007 4:15:24 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 1117/2007 4:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/17/2007 5:06 PM W-- Agenda Item No. 101 January 23, 2007 Page 7 of 16 COLLIER COUNTY GOVERNMENT W NnIT,'N TY DEVELOPMENT AND ENVIRONMENTAL SERVICE DIVISION 2800 Ncrth Horseshoe Drive • Naples, Florida 34104 • 239403 -2400 • FAX 239 -403 -2334 RESIDENTIAL PLAN REVIEW COMMENTS AUG 31 -2006 OCT 6 -2006 2" LETTER PARTIAL LETTER — do not respond until final letter is received. PRIME CONTRACTORS AND ASSOCIATED, INC. 888 ROSE CT MARCO ISLAND, FL 34145 Permit No: 2006081072 — FOR 502 COCONUT AVE. Plans submitted with the referenced permit have been reviewed. We are unable to approve your permit application for the reason(s) indicated below. Submit two (2) sets of revised sheets along with two (2) letters of response addressing each item. All corrections must be clouded. Submit all corrections in one package. PLEASE NOTE: The Collier County Building Review and Permitting Department routinely reviews all outstanding permit applications in order to determine their status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled Collier County Ordinance 2002 -01, Section, 904. 5.9.1 to 104.5.1.4. Zoning Plan Review Angel 1 1. PRONTYARD SET-BAG-K DOES NOT N49ET THE REQUIRED 35 FT., SIDE SET-4AC; T- RI;QUIRED 30 F4. Residential Plan Review — Abdulaziz Al- khabbaz (239) 530 -6872 1. Please . lar-.f,. f Fier-ida -E. . . na.�m t ' dio tes i ' 4e of 6936 S The ✓w�aua T GT1ZiICT12QiG'CTCri S- ]7i1'72r '�- h&1she has eeftsider-ed afld eeer-dinated the tfuss plans, uplift leads and r-earatien leads inte his 3. Please pr-evide pr-oduet appfevals fef gafage deer-s being installed Mi A pr-evide Florida Stat 4. PFe-,ide t5pieal buck detail for-windews, deefs, sliding glass Eleer-s and gar-age , G Please .,1.,..:f,• Florida E. E. ' . Sheet (9) indicates hot water- system. 6. Provide a typical wall section (section F -F) /sheet 15 / refer to section 705 of Florida Building Code. Agenda Item No. 101 January 23, 2007 Page 8 of 16 6. This review shall be considered incomplete pending receipt of information requested. Subsequent reviews may reveal additional deficiencies. STILL APPLIES. 11/13/056 teu 7 Please clarify; this appears to be a duplex/multi - family on two lots with a common wall on the lot line. Application is for a sinsle family dwellinst. 11/13/06 teu FEMA Plan Review — Jim Turner (239) 403 -2326 2. AA! eenstmefien material belew base fleed must be watef resistant. 4 at G Eleva4er- mffllst ffie t Te-ehaieal Bulletin 4 93 .6. There e.-m be no air- raeft&iened spaee belew base flood eleveAien. NOTE: If the above items are: Left as is — They are comments that need further attention. -stfik — They have been completed and approved. Underlined — They have been added after further review. If you need additional information, please contact the appropriate plan reviewer. cc: file Agenda Item No. 101 January 23, 2007 Page 9 of 16 TarpleyAngel From: willoughby_c Sent: Tuesday, January 09, 2007 3:39 PM To: TarpleyAngel Subject: FW: Goodland duplex FYI From: gochenaur_r Sent: Friday, October 20, 2006 4:11 PM To: murray_s Cc: willoughby_c Subject: Goodland duplex Christine and I looked at the plans and I talked to the builder. I don't see how we can call this anything but a duplex or two - family dwelling, depending on whether you consider it on one combined lot or two lots. The zoning is VR. The building area is 7,500 sq ft and the structure is divided into two mirror images on the lot line, each with two kitchens, garage, everything - identical halves. The units share a common foyer /hallway, accessed through separate doors. It doesn't meet setbacks for a duplex. Before I call the builder, do you want to take a look at the plans? I know he's not going to be satisfied with my answer. From: murray_s Sent: Thursday, October 19, 2006 3:05 PM To: gochenaur_r Subject: Please call zoning determination Ross, a builder named Todd Schneider was trying to submit for building permit for a SF residence. Angel and Alamar are of the opinion that his plans indicate a duplex. He disagrees. I told him you would give him a call ASAP and set up a meeting to look at his plans and make a determination. Not sure what zoning district he's in but the property is in Goodland. His number is 821 -0902. Please give him a call. I told him you would be calling. Thanks Susan Murray Istenes, AICP, Director Department of Zoning and Land Development Review Martha Inglis Spence Harry Buddig Spence 17620 C4RLUEAVE UVIT 903 42I,4M1 BEACH, FLORIDA 3314.1 '86 -282 -9892 January 10. 2007 James V. Mudd County Manager 3301 E. Tamiami Trail Naples, Florida 34112 Dear Mr. Mudd, Agenda Item No. 101 January 23, 2007 Page 11 of 16 I obtained a copy of the letter sent to you by Connie Stegall - Fullmer, President of the Goodland Preservation Coalition, yesterday regarding the building of our family home at 502 Coconut Avenue. I was saddened to read such a distorted version of what we are trying to accomplish in Goodland. First let me tell you something about our family. My father came to Florida in 1932 and in 1947 established a business in Miami. He lived there till his death in 1986. My brother, Jim Inglis, and I are native Floridians as are all of our children. We have been coming to Collier County since 1970 when my Father, Harold S. Inglis bought two lots in Goodland. Our children have been coming to Goodland since they were infants. In 1970, my Father placed a single wide mobile home on the two lots and later added a freestanding garage to the property. Those structures were there until December of 2006. Our family has enjoyed the Goodland area since that time. Since my Father passed away in 1986 our family has continued to love coming to Goodland enjoying all the area has to provide. We have loved the ambience of the Avillage@ as have all of our children and grandchildren and many friends. We have also seen the area change as more and more persons have built permanent homes and some of the mobile homes and older homes have fallen into disrepair. Our dream has been to build a home in Goodland where all of our family could continue to gather. Over the past two years we have very carefully selected the best contractor in the area to build our home. We have worked very closely with our architect to design a home that will reflect the character of old Florida and be an asset to the community. Because of current regulations we are required to build an elevated home. Agenda Item No. 101 January 23, 2007 Page 12 of 16 My brother Jim Inglis has been very active in efforts to protect Goodland from commercial marina development that would obstruct flow of boating interests in the canal adjacent to our property. This development project would not directly affect our family but would potentially prevent property owners on the adjacent canal from navigating to open water freely. We are deeply committed to the preservation of the Acharacter@ of Goodland including protecting the environment and value of our property. Waterfront lots in Goodland, including canal lots, are appraised from a minimal of approximately $300,000 to well over a million dollars at this time. Many of the homes are appraised at $750,000 and more including that of Connie Stegall - Fullmer. Contrasting the size of the homes on AEast Coconut@ and AWest Coconut@ where her home is located is ludicrous. The homes she describes as Aaffordable housing@ which contribute to the inventory of these type of homes are in no way affected by our structure as the persons living there should have Homestead Exemption which would limit their tax increases. In fact it is a consideration that we are taking a risk building a beautiful home in an area that has some houses that would qualify as substandard and probably not fit for habitation. I cannot think of any waterfront communities in Florida where there is now Aaffordable housing@. In the 37 years our family has owned property in Collier County the property values in Goodland have increased dramatically. We have a double lot on what we feel is one of the prettiest views in Goodland and could not justify building a home that would not accommodate our family. We are committed to preserving the A village character of Goodland@ but this does not mean placing another mobile home on the property. Our intent is to be good neighbors to all residents and be active in the preservation of not only this area but all of Florida. Our family has been Florida residents since 1932 and has business interests throughout the state including Collier County. We have tried to pursue this dream carefully considering all interests in the area. We have a large financial commitment in building this home and do not wish to do so in an atmosphere of hostility. Our immediate neighbors on Coconut Avenue are well aware of our plans and have never voiced any concerns regarding the home we are building. We hope this has clarified our position in the community and our commitment to being good neighbors. Our intent is that our family will be able to enjoy this home for now and future generations. Sincerely, Martha Inglis Spence cc: Donna Fiala, District 1 Frank Halas, District 2 Tom Henning, District 3 Fred W. Coyle, District 4 C7 Agenda Item No. 101 January 23; 2007 Page 14 of 16 GOODI.AND ZONING OVERLAY SURVEY 12ESULTS 1. Survey Questionnaires Mailed Out: 338 Survey Questionnaires Completed: 152 Surveys "Returned to Sender ": 13 Percentage of Surveys Returned: 49.9% (45.1 % Completed) 2. Is a zoning overlay the appropriate method of addressing issues on Goodland? Of the 152 Responding Surveys, 99 said "Yes" (This represents 65.4%) Of the 152 Responding Surveys, ' ? s ji d "No" Of the 152 Responding Surveys, ,I!(I "I Irt 3. Do you own residential zoned property? 1.36 Yes 6 -`fro 4. Do you own commercially zoned property? __17 Yes 1',5 No 5. Do you own, or operate a business on Goodland? Yes 120 'N, Please list three thins you like most about living or working on Goodland. 6. g Y g g a. FishingLVillaee atmosphere and small town feel b. The environment proximity to water and low density development c. The people 7. Please list three things that you least like about living or working on Goodland. a. Traffic parking problems poor roads, no bike paths and speeding vehicles b. Trash no parks, loud music, and too many multi - family dwellings c. Loose dogs and other code violations 8. The "VR" Village Residential zoned properties (See attached Zoning Map) do not currently permit neighborhood level commercial business. Should this zoning district be modified to permit neighborhood commercial uses including bed and breakfast operations? Of the 152 Responding Surveys, 10 said "Yc, "- (20 %) Of the 152 Responding Surveys, 104 said " N to" (69 %) Of the 152 Responding Surveys, 1 �,tiJ "1 don't 1,,now" (11 %) Agenda Item No. 101 January 23, 2007 Page 15 of 16 i9. The Residential Single Family (RSF -4) zoned properties (See attached Zoning Map) do not currently permit neighborhood level commercial business. Should this zoning district be modified to permit neighborhood commercial uses? It should be noted that the RSF -4 District was never intended to permit commercial uses as previously allowed in the Village Residential District. Of the 152 Responding Surveys, 19 said "Yes" (13 %) Of the 152 Responding Surveys, -117 said "No'" (77 %) Of the 152 Responding Surveys, 110 �:;id -'I (I()11,1 [:11o%k, " (10 %) 10. Currently, the Collier County Land Development Code does not permit open (outdoor) storage of major commercial or recreational vehicles and equipment including crab traps on residentially zoned properties unless the vehicle or equipment is parked in the rear of the main structure and is enclosed within a vegetative screening. Should changes be made to permit open (outdoor) storage of major commercial or recreational vehicles and equipment on residential zoned properties? Of the 152 Responding Surveys, 0; ,cad ' "Ycs__ (45 %) Of the 152 Responding Surveys, 60 said (45.2 %) Of the 152 Responding Surveys, ! 1 <1,I i ;,d =�1' r:n,)�,, " (9.8 %) 11. Would you support a zoning overlay to prohibit the conversion of single - family dwellings to multi - family housing in the "VR" zoned areas that are currently developed with single family housing? Of the 152 Responding Surveys, (_,' S,xid --) L,_'(41%) Of the 152 Responding Surveys, -:iid (52 %) Of the 152 Responding Surveys, i (7 %) 12. Many developed lots in Goodland are non - conforming due to changes in zoning requirements. Would you support development of zoning standards, which would better reflect the as -built conditions in existence today? Of the 152 Responding Surveys, t`} said l r (64.7 %) Of the 152 Responding Surveys, 4() s_i1d Of the 152 Responding Surveys, I __ ,. n (9.3 %) 13. Should building heights of structures in residential and commercial zoning districts be addressed as a component of a zoning overlay? Of the 152 Responding Surveys, 1(1-4 said "Yc�) (69 %) Of the 152 Responding Surveys, 40 <;aid "`v o'" (26 %) Of the 152 Responding Surveys, _ ,. � �I _.I �:. �n' ! i< i <o o.... (5 %) C-1 2 Agenda Item No. 101 January 23, 2007 Page 16 of 16 14. Should additional architectural design standards be developed for residential and commercial structures on Goodland? Of the 152 Responding Surveys, 37 said "Yes" (24.4 %) Of the 152 Responding Surveys, 105 said "No' (69.2 %) Of the 152 Responding Surveys, M smd "1 don't kno� N- (6.4%) 15. Should additional sign standards be developed to regulate the size and color of signs on commercially zoned properties and buildings in Goodland? Of the 152 Responding Surveys, �5 said "Yes" (36 %) Of the 152 Responding Surveys, 87 said "No's (57.6%) Of the 152 Responding Surveys, Q 1,,.iid "I don't know (64%) 16. Based on your response to the aforementioned questions, should a zoning; overlay be developed for incorporation into the Collier County Land Development Code? Of the 152 Responding Surveys, 89 5 lid "1 e4:" (59 %) Of the 152 Responding Surveys, 15 staid :. �' (23.1 %) Of the 152 Responding Surveys, (17.9%) 17. If you believe a zoning overlay should be developed for Goodland, please list the three highest priority issues that should be addressed by the overlay. a Limit building heights in the "VR" Zoning District b Study parking problems including the parking of boats & recreational vehicles c Preserve the small town character of community 3 Agenda Item No. 14A January 23, 2007 Page 1 of 16 EXECUTIVE SUMMARY Recommend the Board of County Commissioners (BCC) acting in the capacity of the Collier County Community Redevelopment Agency (CRA) appoint or reaffirm a Chair and Vice -Chair for the CRA, direct the County Manager or his designee to prepare the annual report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and direct the County Manager or his designee to modify Resolution 2001 -98, which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. OBJECTIVE: The item seeks to satisfy the procedural requirement of the CRA Bylaws which require an annual meeting be held in January; ask the BCC, acting in the capacity of the CRA, to appoint a new Chair and Vice Chair for the CRA or reaffirm the existing Chair and Vice - Chair, provide the County Manager or his designee direction to prepare the annual report required by 163.356(3)(c), Florida Statutes, by March 31; and to direct the County Manager or his designee to modify the CRA Bylaws by requiring the annual meeting to be held in March prior to the March 31 annual report submission requirement. CONSIDERATION: The Collier County Community Redevelopment Agency (CRA) was established pursuant to Resolution 2000 -83 adopted on March 14, 2000 by the BCC pursuant to Part III, Chapter 163, Florida Statutes. The area of operation of the CRA consists of the Immokalee Community Redevelopment Area and the Bayshore /Gateway Community Redevelopment Area. The purpose of the CRA is to undertake and implement improvements as provided for in Florida Statutes and the adopted redevelopment plans. 163.356(3)(c), Florida Statutes requires that on or before March 31 of each year, a report of the CRA activities for the preceding fiscal year be filed with the governing body. Furthermore, Resolution 2001 -89 established the bylaws which govern the purpose and requirements of the CRA. Within Resolution 2001 -89, the CRA is required to hold an annual meeting in January of each year. The resolution is absent of specifics on subject matter of the required meeting, but has been utilized in the past by the CRA to appoint or reaffirm the Chair and Vice -Chair for the CRA. Currently Commissioner Donna Fiala is noted as serving in the capacity of Chair and the Vice - Chair. Minutes and Records currently list the positions as vacant. The timing of the requirement for filing the annual report in March by 163.356(3)(c) Florida Statutes, and the local requirement of the annual meeting in January by Resolution 2001 -98 provides for an inefficiency within the process. It would be beneficial to the CRA that these two requirements should transpire at the same meeting in the same month. The March filing date provides the opportunity for the Board to be appraised of the past accomplishments and future endeavors of each redevelopment area, and the annual report to the Board in March should also be considered at the requisite Agenda Item No. 14A January 23, 2007 Page 2 of 16 annual meeting, as prescribed by the local Resolution. Please note that it is virtually impossible to complete the annual report for January consideration as it is based on the prior calendar year. FISCAL IMPACT: The cost associated with the staff time to prepare the required annual report will be drawn from Comprehensive Planning Department Fund 111. Source of funds is Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: The actions requested within this executive summary have no direct impacts upon the GMP, but will result in the continuation of the rehabilitation, conservation and /or redevelopment within the Bayshore /Gateway and Immokalee Redevelopment Areas in the interest of public health, safety, morals or welfare of the citizens of Collier County, the very basis of the Growth Management Plan RECOMMENDATION: That the Board of County Commissioners (BCC) acting in the capacity of the Collier County Community Redevelopment Agency (CRA) (1.) satisfy the annual meeting requirement expressed by the CRA Bylaws and appoint or reaffirm the Chair and Vice - Chair (2.) direct the County Manager or his designee to prepare the annual report required by 163.356(3)(c), Florida Statutes, by March 31 of each calendar year and (3.) direct the County Manager or his designee to modify Resolution 2001 -98, which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. Prepared by: Mike Bosi, AICP, Community Planning and Redevelopment Manager, Comprehensive Planning Department Agenda Item No. 14A January 23. 2007 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 14A Item Summary: This item to be heard at 430 p.m. Recommend the Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) appoint a new Chair and Vice - Chair for the CRA, direct the County Manager or his designee to prepare the annual report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and to direct the County Manager or his designee to modify Resolution 2001 -98. which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. Meeting Date: 1/23/2007 9:00:00 AM Prepared By Mike Bosi, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 114!2007 2:04:19 PM Approved By Mike Bosi, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 1/4/2007 2:01 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 11512007 3:26 PM Approved By David Jackson Executive Director Date Community Redevelopment Agency Bayshore- Gateway Redevelopment 1/512007 4:01 PM Approved By Commuinty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Environmental Services Comprehensive Planning 1/812007 7:23 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 118/2007 12:13 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Atlminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 1/1012007 5:18 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services information Technology 111112007 7:47 AM Approved By Mark Isack.son Budget Analyst Date County Manager's Office Office of Management & Budget 1112'2007 9:28 AM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 1/12!2007 10:20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 1/1512007 3:06 PM Agenda Item No. 14A January 23, 2007 Page 4 of 16 4 . CRA RESOLUTION NO. 2001- 98 1101 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT; PROVIDING FOR MEMBERSHIP, TERMS, PURPOSE, DUTIES, ORGANIZATION AND RULES OF PROCEDURE FOR THE AGENCY; CREATING THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD; CREATING THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR MEMBERSHIP, TERMS, FOR THOSE ADVISORY ISSORY BOARDS PROVIDING FOR SEDVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has adopted a resolution finding the existence of one or more blighted areas in the unincorporated area of the County and further finding that the rehabilitation, conservation or redevelopment or combination thereof, in such areas is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida; and WHEREAS, the Board of County Commissioners has further adopted a resolution declaring itself as the Collier County Community Redevelopment Agency to carry out and implement the redevelopment powers and actions contemplated by Part III, Chapter 163, Florida Statutes, within such areas; and WHEREAS, the Board of County Commissioners contemplated the creation of advisory boards for each component area of the community redevelopment area in the unincorporated area of Collier County, composed of citizens, residents, property owners and business owners or persons engaged in business in the area; and WHEREAS, the Board of County Commissioners further contemplated the need to establish membership, duties and responsibilities for the Agency and for each such advisory board; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: SECTION 1. Avrncv Byla ws: That there is hereby adopted bylaws for the Agency setting forth membership, terms, purposes, duties, organization and rules of procedures for the Agency, a copy of which is attached. SECTION 2, Advisory Board That there is hereby created the "Bayshore/Gateway Triangle Local Redevelopment Advisory Board" and the "Immokalee Local Redevelopment Advisory Board" and bylaws for those Boards are adopted, a copy of which is attached. Agenda Item No. 14A yantl�;` 5 of 16 1 P�5of16 SECTION 3. Severability: If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Resolution. SECTION 4: Effective Date: This Resolution shall become effective immediately upon its passage and adoption. SECTION 5: This Resolution adopted after motion, second and majority vote this arc day of A� 2001. .'ATTEST`: _ COMMUNITY REDEVELOPMENT AGENCY DWIGH E.-BROCK, SECRETARY OF COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, ChA MAN Attest as tw4airun 's signature on1j. Approved As to Form and Legal Sufficiency —i - L J, ) "-4 i -\—� Heidi Ashton, Assistant County Attorney and CRA Legal Counsel Agenda Item No. 14A January 23, 2007 g - 6 off-7 BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA ARTICLE I. NAME AND PURPOSE SECTION 1. Name: This Community Redevelopment Agency shall be known as the "Collier County Community Redevelopment Agency" (the "CRA "), established pursuant to Resolution 2000 -83 adopted on March 14, 2000 by the Board of County Commissioners ( "BCC ") of Collier County, Florida (the "County ") pursuant to Part III, Chapter 163, Florida Statutes (the "Act "). SECTION 2. Redevelopment Area: The area of operation of the CRA consists of certain geographical areas listed below and for which a redevelopment plan was adopted by CRA Resolution 2000 -01 by the CRA and Resolution 2000 -181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore /Gateway Component Redevelopment Area. Additional Component Redevelopment Areas may be added under separate resolutions by the CRA after all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA and BCC, all in accordance with the Act. SECTION 3. Purpose: The purpose of the CRA is to undertake and implement improvements as provided for in the Act and the adopted Redevelopment Plan; to promote and create favorable conditions for the development, redevelopment and revitalization of the area of operation of the CRA; and to receive input from its Advisory Boards, authorized by the Resolution No. 2000 -83, who adhere to separate bylaws adopted specifically for their purposes, and serve to represent the component areas of operation of the CRA. ARTICLE II. COMMUNITY REDEVELOPMENT AGENCY SECTION 1. Function: The CRA is established to carry out those purposes that are outlined in Article I, Section 3. SECTION 2. Authority: The CRA, subject to the provisions of the Act and all other applicable provisions of law, shall have all powers customarily vested in a community redevelopment agency as provided in the Act. SECTION 3. Members and Terms: In accordance with Section 163.357(1), Florida Statutes, the Collier County Board of County Commissioners has declared itself to be the Collier County Community Redevelopment Agency as an additional duty of office. Reference to the members of the CRA as a whole shall be "CRA Board" or "CRA ". An individual member of the CRA shall be referred to as a "Commissioner." CRA Board terms shall be simultaneous with terms of members of the Board of County Commissioners. SECTION 4. Vacancies: Appointments to fill vacancies on the CRA shall be filled by the person filling the vacancy on the Board of County Commissioners. SECTION 5. Employees: The CRA may, as it from time to time determines, employ or retain by contract staff, personnel, technical experts, legal counsel, and other such agents and employees, permanent or temporary, as it requires, and determine their qualifications, duties and compensation. The Agenda Item No. 14A Janua 3, �� .�. 1 Rie 7 16 1 CRA may approve and authorize contracts with the County and other persons, firms and individuals to provide services for and on behalf of the CRA. ARTICLE III. OFFICERS SECTION 1. Officers: The officers of the CRA shall consist of a Chairman, Vice Chairman, and a Secretary, and such officers as the CRA may from time to time create. The Secretary shall be the Clerk of Courts to the Board of County Commissioners, but shall have no vote. SECTION 2. Oualifications: Officers shall be members of the CRA, except that the Secretary may, in the discretion of the CRA, be someone not a member of the CRA. SECTION 3. Role of Chairman: The Chairman shall preside at all meetings of the CRA, sign agreements, contracts, and instruments on behalf of the CRA, call special meetings as necessary and shall perform such other duties as are customary for the Chairman. SECTION 4. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 5. Role of Secretary: The duties of the Secretary will be defined in a written agreement with the Clerk of Courts. Some of the duties may include: (a) keeping the minutes of the proceedings of the meetings of the CRA, (b) providing all notices in accordance with the provisions of these bylaws or as required by law, (c) posting or causing to be posted all meeting notices as required by County procedures and notify members, (d) maintaining custody of the CRA records, (e) attesting contracts and other CRA documents, and (f) in general performing all duties from time to time as may be prescribed by the Chairman of the CRA. SECTION 6. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 7. Election of Officers: Except for the Secretary, officers shall be elected at the Annual Meeting of the Agency. Election requires nomination from the floor and an affirmative vote by a majority of the CRA members present and voting on an annual basis, provided a quorum is present at such meeting. Officers shall be seated immediately upon their election. SECTION 8. Terms of Office: Each officer duly elected by the CRA shall serve a term of one year until the next annual appointment or election. All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on the CRA. SECTION 9. Officer Vacancies: If a vacancy exists in any office, the CRA shall elect a new officer by the affirmative vote of a majority of the CRA members present and voting at a meeting of the CRA, to fill the incomplete term of the vacated office. SECTION 10. Removal or Resignation: The CRA may remove an officer at any time with or without cause by the affirmative vote of a majority of the CRA members present and voting at a duly constituted meeting of the CRA. An officer may resign at any time by delivering notice thereof to the CRA. A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later effective date and the CRA accepts the future effective date. The pending vacancy may be filled before "` the effective date provided that the successor does not take office until the effective date. Agenda Item No. 14A , 2007 1 nu 28f16 o� ARTICLE IV. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARDS SECTION 1. Function: In accordance with Resolution 2000 -83, advisory boards are to be created for each component area of the community redevelopment area in the unincorporated area of Collier County, which shall be composed of citizens, property owners and business owners or persons engaged in business in the area. Separate bylaws for these advisory boards will be adopted by the CRA. These advisory boards will serve as the primary source of community input to the CRA staff and to the CRA itself. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and priorities and their implementation. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. ARTICLE V. MEETINGS SECTION 1. Meetings: The Board shall schedule meetings as needed to carry out its duties in accordance with these Bylaws and shall follow the procedures outlined in Sections 2 -36 — 241 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. a) Annual: An Annual meeting of this Agency shall be held in the month of January of each year, and on the date and at the time and place to be determined by the Board, if other than at a regular meeting. b). Regular: Regular meetings of the CRA shall be held as necessary on either the second or the fourth Tuesday of each month to coincide with the regular meetings of the BCC or on such day as may be determined by the CRA. The CRA meetings will be held at a "time certain" identified on the BCC Agenda. SECTION 2: Meeting Procedures: The procedures for the meetings of the CRA will follow the procedures outlined for the BCC in Sections 2 -36 — 2-41 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. Meeting notice will be published in accordance with applicable laws. ARTICLE VI. ORDER OF BUSINESS SECTION 1. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications a. Advisory Board communications b. Other communications (e) Consent (f) Old Business (g) New Business (h) Citizen Comments (i) Adjournment Agenda Item No. 14A January 23, 2007 9 of 16 _ JPage B1,' ARTICLE VII. CONTRACTS SECTION 1. Execution of Instruments: Legal instruments of the CRA shall be executed by the Chairman and attested to by the Secretary with the Clerk of Court's seal affixed thereto. In the absence of the Chairman, such instruments may be executed by the Vice Chairman. SECTION 2. Real Property Acquisition and Disposition: The acquisition, conveyance and leasing of real property by the CRA shall be done in accordance with the Act. SECTION 3. Purchasing Procedures: Purchasing procedures will be in accordance with the Act. If the Act is silent then the procedures will be consistent with those authorized by the BCC for Collier County or such other procedures that the CRA Board may adopt. ARTICLE VIII. FISCAL MATTERS SECTION 1. Fiscal Year: The fiscal year of the CRA shall be the twelve year calendar month period commencing on October I and ending on September 30 of the following year. SECTION 2. Financial Reporting: The Secretary shall maintain financial records of all financial transactions made on behalf of the component areas of the redevelopment area. Staff assigned as liaison to the CRA shall provide a report of the income and expenditures of each component area to the CRA at the annual meeting and as otherwise requested by the CRA. ARTICLE IX. AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this= 7256 day of �A 2001. ATTEST': COMMUNITY REDEVELOPMENT AGENCY DWIGHT E. BROCK, SECRETARY OF COLLIER COUNTY, FLORIDA By..ID: BY: Attest as to Chairman'$ PAMELA S. MAC'KIE, CHAIRMAN signature only. Approved As to Form and Legal Sufficiency Heidi Ashton Assistant County Attorney and CRA Legal Counsel 4 Agenda Item No. 14A January 23, 2007 Page 10 of 16 101 BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY, FLORIDA ARTICLE 1. NAME AND PURPOSE SECTION 1. Name: The local advisory board, one per each component redevelopment area, shall be known as "the name of the component redevelopment area in which the local planning board sits" Local Redevelopment Advisory Board. SECTION 2. Redevelopment Area: The area of operation of an advisory board consists of that certain geographical area identified in CRA Resolution 2000 -01 by the Community Redevelopment Agency (CRA) and Resolution 2000 -181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore /Gateway Component Redevelopment Area. Additional redevelopment component areas may be designated by separate resolutions of the Community Redevelopment Agency of Collier County ( "CRA") and the Collier County Board of County Commissioners ( "BCC") after all appropriate findings have been made and a redevelopment component plan for those areas is adopted by the CRA and BCC, all in accordance with Part III, Chapter 163, Florida Statutes (the "Act "). SECTION 3. Purpose: Each advisory board is intended to be the primary source of community input to the Collier County Community Redevelopment Agency (the "CRA ") and to the CRA staff. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically, the purpose and duties of each advisory board shall be as follows: (a) review the applicable component redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the component redevelopment area; (c) receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA; and (d) review and comment on any redevelopment projects proposed in the advisory board's component redevelopment area. Agena Ilry A ,l 7 Page 6 ARTICLE II. ADVISORY BOARD SECTION 1. Function: Each advisory board is established to carry out those purposes that are outlined in Article 1, Section 3 hereof. SECTION 2. Authority; Standing; Rules: The advisory board shall be subject to the direct supervision of the CRA Board. The CRA staff shall assist each advisory board and shall serve as the liaison to the CRA Board. Each advisory board may prepare and adopt standing rules specific to that advisory board's component redevelopment area. Preparation, adoption and amendment of any such standing rules shall be at the discretion of the advisory board and must be consistent with these Bylaws, CRA Resolution 2000 -01 and BCC Resolution 2000 -181 which adopted the Redevelopment Plan, BCC Resolution 2000 -83 which declared the BCC to be the CRA and authorized the creation of the advisory boards, the adopted Redevelopment Plan and the Act. Proposed standing rules or amendments to such rules shall be submitted by the advisory board to the CRA for a determination of consistency with all of the above. Any proposed rules or amendments to the rules will be effective upon that determination. SECTION 3. Number of Members: The Board shall have an appropriate number of members to insure adequate representation of all aspects of the community in the component redevelopment area. This number may vary from component redevelopment area to component area. This number may be increased or decreased from time to time as recommended by the advisory board and appointed by the CRA board member for the applicable component redevelopment area. In no circumstances will the number of advisory board members be less than five. SECTION 4. Appointment and Qualifications: The CRA board member from the component redevelopment area shall appoint the advisory board members subject to Article II, Section 5 for the Bayshore /Gateway component redevelopment area and Article II, Section 6 for the Immokalee component redevelopment area. All appointments are subject to approval by the CRA board. Consideration should be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development; planning or design and building construction. Each member of an advisory board shall engage in business in the component redevelopment area for that advisory board. For purposes of these bylaws, an individual who "engages in business" means an individual who owns real property or a business, practices a profession or performs a service for compensation or serves as an officer or director of a corporation or other business entity so engaged. Any group, committee or board existing at the time of adoption of these Bylaws may present its membership for appointment as long as consideration is given to balancing the advisory board with representatives from the above - recommended professions. SECTION 5. The Bayshore /Gateway Triangle Local Redevelopment Advisory Board Consideration should be given to appointing members of the advisory board for the Bayshore /Gateway component redevelopment area as follows: (a) One (1) Bayshore resident; (b) One (1) Gateway Triangle resident; (c) One (1) Bayshore business owner; (d) One (1) Tamiami Trail (US41) business owner; (e) One (1) Davis Boulevard (SR84) business owner; (f) One (1) Bayshore Municipal Service Taxing Unit (MSTU) representative; 2 I n 14A Item No. u r 200V P of 16 ; (g) One (1) at large representative who resides or engages in business, or both, in the Bayshore /Gateway Triangle Component Redevelopment Area; SECTION 6• Immokalee Local Redevelopment Advisory Board: In order to assure a comprehensive approach in the Immokalee community, the Immokalee Enterprise Zone Development Agency as created by the BCC pursuant to Collier County Ordinance 95 -22, as amended, shall be the Immokalee Local Redevelopment Advisory Board. The Immokalee Local Redevelopment Advisory Board shall adhere to the provisions of these bylaws, except as otherwise provided by Collier County Ordinance 95 -22, as amended. SECTION 7. Application Procedures: Applicants must be residents and electors of Collier County. Residents interested in applying to serve on an advisory board shall submit a letter requesting such appointment and containing a brief resume to the CRA. Guidelines for appointing the members to the advisory board will be consistent with those procedures outlined in BCC Resolution 94 -136. SECTION S. Terms: Except for the Immokalee Local Redevelopment Advisory Board, advisory board members shall serve for two (2) year terms, with no more than two reappointments permitted. However, for purposes of staggering reappointments, three (3) of the initial members will have one (1) year terms as follows: Bayshore /Gateway Local Redevelopment Advisory Board- the Bayshore resident, the Gateway Triangle resident and the at large representative will each serve only a one (1) year term for the first year of the advisory board, with two (2) year terms from then on. The terms for the Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Collier County Ordinance 95 -22, as amended. SECTION 9. Vacancies: Vacancies occurring on any advisory board shall be publicized, but need not be advertised, in a publication of general circulation within the county; and vacancy notices are to be posted in the county libraries, the courthouse and on the internet. Appointments to fill vacancies on the advisory board shall be filled by the CRA Board member of the component redevelopment area. The term of an advisory board member appointed to fill a vacancy expires at the time the term of the original member would have expired. SECTION 10. Attendance Removal and Resignation: It is the intent and strong desire of the CRA that there be full attendance of advisory board members at all meetings of the advisory board, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. The following requirements are established: 1. Any advisory board member who is absent for more than two- thirds of the advisory board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from the advisory board. The CRA shall, as soon as practicable after such resignation, declare the position vacant and shall promptly fill the position. The affected advisory board member shall not serve at any meeting after his or her position is declared vacant by the CRA. 2. In the event that any advisory board member is absent from two consecutive advisory board meetings without a satisfactory excuse acceptable to the advisory board, the advisory board chairman shall state such fact at the next regularly scheduled advisory board meeting and shall thereafter notify, in writing, the CRA of the advisory board member's failure to attend without a satisfactory excuse. The CRA shall review the notification at a CRA meeting and shall declare the advisory board member's position to be vacant if the CRA concurs that the advisory board member was absent from two Agenda Item No. 14A Ja n 3, of 16 13 of 16 consecutive advisory board meetings without a satisfactory excuse and shall promptly fill that position pursuant to the provisions of Article 11, Section 9. 3. For purposes of this Section la, attendance means presence at the meeting no later than fifteen minutes after the meeting is called to order as verified by the Secretary on the attendance record. 4. A member may resign at any time by delivering notice thereof to the advisory board and the CRA Chairman. A resignation is effective when the notice is delivered to the CRA Chairman unless the notice specifies a later effective date and the CRA board accepts the future effective date. The pending vacancy may be filled before the effective date provided that the successor does not participate at a meeting until the effective date. SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE M. OFFICERS SECTION 1. Officers: The officers of the each advisory board shall be a Chairman, Vice Chairman, and a Secretary. The Secretary shall be the individual assigned from County staff, but shall have no vote. SECTION 2. Role of Chairman: The Chairman shall preside at all meetings and hearings of the advisory board and shall have the duties normally conferred by parliamentary usage on such office. The Chairman shall call special meetings, serve as the advisory board liaison to the CRA, and shall perform such other duties as are customary for the Chairman. SECTION 3. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 4. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the proceedings of the meetings of the advisory board, (b) provide all notices in accordance with the provisions of these bylaws or as required by law, (c) post or cause to be posted all meeting notices as required and notify members, (d) maintain custody of the advisory board records, and (e) in general perform all duties from time to time as may be prescribed by the Chairman or the advisory board. SECTION 5. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 6. Election of Officers: Except for the Secretary, officers shall be elected annually at the first regular meeting of the year. Election requires nomination from the floor and an affirmative vote by a majority of the advisory board members present and voting, provided a quorum is present at such meeting. Officers shall be seated immediately upon their election. SECTION 7. Terms of Office: Each officer duly elected by the advisory board shall serve a term of one year until the next annual election (or as otherwise determined by the standing rules of the advisory board). All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on an advisory board to the CRA. 4 Agenda Item No. 14A January 23. 2007 I� 14of16 SECTION 8. Officer Vacancies: If a vacancy exists in any office, the advisory board shall elect a new officer by the affirmative vote of a majority of the advisory board members present and voting at a meeting of the advisory board, to fill the incomplete term of the vacated office. SECTION 9. Removal or Resi nag tion: The advisory board may remove an officer at any time with or without cause by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. An officer may resign at any time by delivering notice thereof to the advisory board. A resignation is effective when the notice is delivered to the advisory board unless the notice specifies a later effective date and the advisory board accepts the future effective date, the pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. ARTICLE IV. SUBCOMMITTEES SECTION 1. Creation: The advisory board may create, from time to time, such subcommittees as shall be necessary or desirable to carry out the functions, purposes, and objectives of the advisory board. Any such subcommittees shall be subordinate to the advisory board, shall be assigned a specific purpose and objective, and shall be given a date certain to complete its tasks, at which time the subcommittee shall be dissolved, unless said date is extended by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. SECTION 2. Members: The members of such subcommittee shall be elected by the advisory board for such term and shall have qualifications as the advisory board may desire. SECTION 3. Removal: The advisory board may remove any subcommittee member with or without cause by the affirmative vote of a majority of advisory board members present and voting at any meeting of the advisory board. SECTION 4. Rules and Procedures: The subcommittees shall be subject to the same parliamentary procedures as the advisory board and Florida's Government in the Sunshine Law. ARTICLE V. MEETINGS SECTION 1. Meetings: Regular meetings of the advisory board shall be held on such day, time and place as may be determined by the advisory board, and at a minimum once a month. The purpose of the meetings is to discuss and to then prepare recommendations and advice to the CRA on matters brought before the advisory board. SECTION 2. Quorum and Voting At all regular or special meetings of an advisory board, a majority of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. SECTION 3. Special Meetings: Special meetings may be called by the Chairman at anytime provided adequate notice is given pursuant to Article 5, Section 4 hereof. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a CRA staff member. The notice of such a meeting shall specify the purpose of such a meeting and no 1 e a Item No. 14A ry 23, 2007 P e15of1P other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the Secretary. SECTION 4. Notice and Publication: The Secretary shall give notice and keep record of such notice of its meetings and the meetings of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county courthouse and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. SECTION 5. Open Meetings: All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded, and such records shall be open to public inspection, in accordance with applicable law. SECTION 7. Location: Meetings of an advisory board, or any of its subcommittees, shall be held in a location accessible to the public. SECTION 8. Meeting Agenda: The agenda for each meeting of an advisory board, or any of its subcommittees, shall be outlined by the Chairman and submitted to the Secretary for preparation. Any advisory board member in the case of an advisory board, or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the Secretary prior to the deadline for publishing the notice of such meeting. SECTION 9. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications (e) Old Business (f) New Business (g) Citizen Comments (h) Adjournment SECTION 10. To provide for the orderly and efficient conduct of its meetings, each advisory board shall follow Roberts Rules of Order. ARTICLE VI. CONFLICT The provisions of these bylaws shall apply to the Immokalee Local Redevelopment Advisory Board except as otherwise provided by Collier County Ordinance No. 95 -22, as amended. It is the intent of the CRA that Collier County Ordinance No. 8641, as amended, shall not apply to the advisory boards. ARTICLE VII AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. Agenda Item No. 14A January 23, 2007 e16of1I PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this iHfciay of `1 _f2001. ATTEST:,. :DWIGH' - E,.BROCK, SECRETARY BY: Atto# ...4.s.•to Chairim'S S i 984ture only. COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY PAMELA S. MAC'KIE, CHA AN Approved As to Form and Legal Sufficiency (( f t , Heidi Ashton Assistant County Attorney and CRA Legal Counsel 7 Agenda Item No. 14B January 23, 2007 Page 1 of 16 EXECUTIVE SUMMARY Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Community Redevelopment Agency to establish an office in Immokalee. (A companion item to I OB to be heard before item 10 B is discussed) OBJECTIVE: The purpose of this report is to request the Community Redevelopment Agency (CRA) to authorize a full -time Immokalee Community Redevelopment Agency and Enterprise Zone Development Agency (EZDA) Office in Immokalee, similar to that operating in the Bayshore /Gateway Triangle Redevelopment Area. The proposed staff would be directly answerable to the CRA and the BCC through the direction of the Immokalee Redevelopment Area Advisory Board/Immokalee Enterprise Zone Development Agency. The adopted Immokalee Redevelopment Area Plan and the Attachment A list of projects and programs (pages 7 -11), developed as part of the current Master Planning and Visioning Process, will serve as the initial guide for actions to be implemented and carried out in Immokalee. ,_.. CONSIDERATIONS: The Immokalee Redevelopment Area Advisory Board (CRA Advisory Board), an advisory Board to the CRA, operates under the direction given in CRA Resolution No. 2001 -98 which reads as follows: "SECTION 3. PURPOSE: Each advisory board is intended to be the primary source of community input to the Collier County Redevelopment Agency (the "CRA ") and to the CRA staff. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically, the purpose and duties of each advisory board shall be as follows: (a) review the applicable component redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including development of an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the component redevelopment area; H Agenda Item No. 14B January 23, 2007 Page 2 of 16 (c) receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA; and (d) review and comment on any redevelopment projects proposed in the advisory board's component redevelopment area. The Immokalee Enterprise Zone Development Agency (EZDA), an advisory Agency to the Board of County Commissioners, operates under the direction given in Section Seven of Ordinance 95 -22 which reads as follows: "SECTION SEVEN: The functions, powers and duties of the Agency shall include, but not be limited to the following: a. Assist in the development and implementation of the Strategic Plan. b. To oversee and monitor the implementation of the goals of the Strategic Plan. The EZDA shall make quarterly reports to the Board of County Commissioners (BCC) evaluating the progress in implementing the Strategic Plan. c. To identify and recommend to the BCC ways to remove regulatory barriers. d. To identify the financial needs of, and the local resources or assistance available to, eligible businesses in the zone. e. To promote through marketing and the advertising the development of the Enterprise Zone. The Agency may not transact business or exercise powers under Section 290.056(9), Florida Statutes." The economy of Immokalee has suffered severely since the late 1990's, and its economic recovery and effort to achieve economic self - sufficiency and redevelopment have been slow. Thanks to previous support given by the Board of County Commissioners, there are already a number of incentives available in Immokalee, including: a. Rural Enterprise Zone; b. Federal Enterprise Community; c. Community Redevelopment Area; d. State Area of Critical Economic Concern; e. Rural Area of Critical Economic Concern; and f. Collier County Economic Stimulus incentives, including Fee Payment Assistance Program, Job Creation Investment Program, Property Tax Stimulus Program, and the Advanced Broadband Infrastructure Investment Program. According to the CRA Advisory Board and the EZDA, there has not been a consistent and focused effort in Immokalee to promote and carry out most of the opportunities presented by these programs and designations. The CRA Advisory Board and the EZDA feel strongly that the lack of an Immokalee -based staff to carry out the redevelopment and economic development programs of the CRA and the EZDA has been the primary reason for not having a greater degree of success. 2 Agenda Item No. 14B January 23, 2007 Page 3 of 16 During its special September 6, 2006, meeting, the EZDA and CRA Advisory Board heard from the Hendry County Enterprise Zone and its Special Projects Coordinator, Ron Zimmerly, about how active the Enterprise Zone is in Hendry County. Hendry County has economic challenges similar to that in eastern Collier County and the Immokalee area, in particular. The CRA Advisory Board and EZDA find that the Immokalee Enterprise Zone, the Immokalee Redevelopment Area, and the many and varied economic incentive "tools" already in place are not supported by sufficient staff to aggressively carry out and implement their usage. At this time there is an approximate 1.00 staff equivalent assigned to Immokalee to: a. Administer the CRA contract with the RMPK Group geared to updating the Immokalee Area Master Plan and Land Development Code; b. Assist and advise the Immokalee EZDA and CRA Advisory Board with such current projects as updating the Farmers' Market, constructing 10th Street, aggressively promoting the use of the various economic incentive "tools" available to Immokalee, the proposed SR 29 Bypass, the FSU Medical School Satellite Training Center, review and make recommendations regarding current projects in and around the Immokalee Redevelopment Area and the Enterprise Zone; and C. Carry out all the functions and duties of the CRA Advisory Board and EZDA as outlined in the separate ordinances which created the Immokalee Redevelopment Advisory Board and EZDA. Given the preceding, the Immokalee EZDA and CRA Advisory Board, during its regular November 15, 2006, meeting unanimously recommended to request from the Board of County Commissioners and the CRA the establishment of a full time Immokalee EZDA and CRA Advisory Board office located in Immokalee to carry out the projects, programs and activities as envisioned by the CRA, CRA Advisory Board and the EZDA, as approved by the CRA and Board of County Commissioners. The office staff would be contract employees and function very similar to the Bayshore /Gateway Triangle Redevelopment Area staff and report to the CRA and the EZDA. Staff is proposed to include a director, a project /programs coordinator, and a support specialist. Unlike the Bayshore /Gateway Triangle Redevelopment Area staff, the staff would also carry out the roles and functions of both the CRA and the EZDA. The staff would also be directed by the Immokalee CRA Advisory Board and the EZDA on a daily basis. The office space is proposed to be located in an existing building being discussed for use as the Immokalee Area Chamber of Commerce Welcoming Center on the Robert's Ranch property. This facility would act as a comprehensive location for community and economic development activities and include staff from the Economic Development Council of Collier County working in cooperation with the Immokalee Chamber of Commerce and the CRA Advisory Board/EZDA staff. Presently, the staff for the Immokalee CRA Advisory Board and EZDA is assigned to the M- Comprehensive Planning Department. If this request is approved and implemented, Comprehensive Planning Department staff would continue to be responsible for the 3 Agenda Item No. 14B January 23, 2007 Page 4 of 16 preparation of annual reports of the EZDA and the coordination of the annual meetings of the CRA, both required by state statute and local ordinance. LEGAL CONSIDERATIONS: An investigation of the possibility of an Inter -local Agreement between the CRA and BCC to address cost sharing for operation of offices and human resource issues for employees may need to be addressed to implement this office. FISCAL IMPACT: This Executive Summary has referenced the Bayshore /Gateway CRA office and the intention to establish similar operations for the Immokalee CRA and EZDA. Funding for the Bayshore /Gateway CRA program including all overhead, capital and other program expenses is derived exclusively from the tax increment financing dollars generated from the District. No additional General Fund (001) or MSTD General Fund (I 11) operating support is provided to the Bayshore /Gateway CRA. Attachment B to this Executive Summary provides a five year budget projection for the Immokalee CRA (Fund 186) which attempts to identify available tax increment revenues together with known and estimated program expenses. While this multi -year plan did not envision staffing and overhead expense, it is clear from staff's perspective that Immokalee CRA (Fund 186) can support establishment of a joint office and related overhead expense benefiting the CRA and EZDA without infusion of General Fund dollars. It is estimated that $300,000 will be required initially to start the desired office operations commencing October 1, 2007. Attachment C to this Executive Summary offers adjustments to the five year plan with funding for office operations. Eliminating the current $85,000 salary support transfer to Fund (I 11) and adjusting contractual and capital program allocations is one funding alternative and would provide sufficient budget in year one without impacting reserves. It should be noted that sufficient reserves exist in year one to support the office operations without adjusting the capital program. This alternative is available in the event adjustments to the capital program are not recommended. Going forward, office operations would become part of the normal budgetary process. Notwithstanding the above analysis and contrary to staff's recommendation, the CRA Advisory Board and the EZDA are requesting that the General Fund (001) contribute $150,000 annually to offset expenses connected with the joint Immokalee CRA and EZDA office. The CRA Advisory Board and the EZDA would like the Board of County Commissioners to consider the following information as justification for the General Fund contribution: 1. Additional use of the Enterprise Zone economic incentives thus encouraging continued development and redevelopment in the Immokalee Area in accordance with the Goals and Objectives for the Immokalee Rural Enterprise Zone. For example, the August, 2006, Hendry County EZDA monthly report showed that a total of $187,124 in tax refunds had fl Agenda Item No. 14B January 23, 2007 Page 5 of 16 been applied for in the Hendry County Enterprise Zone just during that month by private investors seeking refunds on sales taxes paid on building materials, equipment materials, and jobs tax credits. These incentives, if actively promoted and implemented in Immokalee, are "real dollar" positive reinforcements for private investments and reinvestments in and around Immokalee. 2. Additional Use of Such Prop-rams as the CDBG Program in Immokalee. There are many non - county funding sources, such as Community Development Block Grant program, designed to promote housing opportunities for lower income families. Such opportunities exist in Immokalee and can be addressed with the availability of on -site staff time to seek, receive, and utilize such funds for specific projects and programs as authorized by the CRA and the BCC. 3. Continuation and expansion of the construction activitv in Immokale_e. As summarized in Attachment D on page 14, new construction in Immokalee has been significant during the past two years for the period of October 1, 2004, through September 30, 2006. There are a number of other future residential and non - residential projects within and immediately outside of the Immokalee Redevelopment Area which are being discussed for Fiscal Year 2007 and beyond. Examples of future new development include: a. Town of Ave Maria; b. Big Cypress; c. Collier Enterprise's Planned Immokalee Industrial Park Expansion of 580 acres and a 470 -acre moderately priced housing development southwest of the Immokalee Airport; d. Business attraction and expansion activities of the Economic Development Council of Collier County (EDC), which is aggressively promoting the Immokalee area to local companies in Western Collier County to relocate and expand into Immokalee. In addition, the EDC and Collier County anticipate participating in the State of Florida Catalyst Project, which is targeting high wage employers in the Health and Sciences industries to relocate to the south central Rural Area of Critical Economic Concern, which includes all of Immokalee, as well as Highlands, Okeechobee, Hendry, Hardee, Desoto and Glades counties. e. Expansion of the Arrowhead residential development; and f. Silver Strand industrial south of Immokalee. In summary, new construction and redevelopment opportunities within and surrounding Immokalee are expected to increase and Immokalee wishes to be an active participant in capturing some of the expected economic opportunities. STAFF RECOMMENDATION: Should the Collier County Community Redevelopment Agency decide to authorize the establishment of a joint office for the Immokalee CRA Advisory Board and the EZDA beginning October 1, 2007, staff would recommend that said operations be funded exclusively within Immokalee CRA Fund (186) from tax increment financing dollars derived from the Immokalee CRA District. Agenda Item No. 14B January 23, 2007 Page 6 of 16 Prepared by: Thomas Greenwood, AICP Principal Planner Comprehensive Planning Department Attachment A .... Representative List of Projects and Programs Proposed in the Immokalee Master Plan Update Attachment B.....Immokalee CRA (Fund 186) Five Year Budget Projection Attachment C.....Five Year Projections with Office Established Attachment D.....Permits Issued Summary Report ... Immokalee 10/1/04 to 9/30/06 6 Agenda Item No. 14B January 23, 2007 Page 7 of 16 ATTACHMENT A REPRESENTATIVE LIST OF PROJECTS AND PROGRAMS PROPOSED IMMOKALEE MASTER PLAN UPDATE NOVEMBER, 2006 The following list of Immokalee issues, concerns, and proposed programs and projects was developed by public input from focus group meetings, public meetings and work shops which took place during the period of October, 2005, through October, 2006. This public involvement is part of the Immokalee Master Plan Update and Local Development Code Update project. EDUCATION AND TRAINING • Forge new relationships between local governments, area students, and District School Board of Collier County • Expand career and workforce training services at One -Stop Center/Bethune Adult Education Center • Investigate opportunities to establish similar services at Ave Maria University • Expand child -care and early education programs at Redlands Migrant Christian Association • Increase availability of after - school programs and activities for middle school and high school students GOVERNMENT AND SOCIAL SERVICES • These services should be made available in Immokalee: Full -time permitting and planning office Court hearings for all cases DMV office Child support enforcement officers Social Security administration Animal control Code enforcement (weekends) Fingerprinting service (local, state, national) Domestic violence shelter Enlarged paramedic service Legal aid service Educational tutoring SR 29 CORRIDOR • Establish commercial, mixed -use, and institutional development on both sides of SR 29 leading north to SR 82 • Coordinate access management strategies, i.e., cross access and shared parking • Establish heightened design standards for all development in this area • Build up streetscape elements in coordination with commercial development • Coordinate future anchor commercial development with future road widenings or other transportation upgrade • Support retail and restaurant uses along SR 29 corridor 7 Agenda Item No. 14B January 23, 2007 Page 8 of 16 • Develop new gateway and directional signage further north on SR 29 as new development occurs • Create an attractive business -park type environment for new professional offices that may include: Law firms Insurance firms Realty or housing firms Banks and other financial institutions Medical centers • Expand existing medical services around Marion E. Fether Medical Center with proposed FSU rural health clinic at Isabel Collier Read Healthpark • Consider creation of a full hospital in this area if feasibility for one develops • Provide widened range of specialized medical services, including obstetrics, senior care, palliative car, nursing care, mental health, and emergency care • Promote this area as a medical research center RESIDENTIAL ACTIVITY CENTERS • Residential neighborhoods can be "anchored" around nonresidential uses that serve the local resident base. Nonresidential uses help improve neighborhood quality and may include one or more of the following: Everyday or basic services Post office Bank Pharmacy Medical clinic Hardware store Service station Convenience store Daycare Church/Place of worship Discretionary retail services: Bookstore & coffee shop Restaurant Coffee shop Recreational and cultural facilities: Green park Community center Athletic courts Library with more computers Water park Bowling; movie theater, etc. Museums Art gallery • All housing should be within about one mile of a retail, institutional, or other resident - oriented use to promote walkability S Agenda Item No. 14B January 23, 2007 Page 9 of 16 HOUSING IMPROVEMENT • Affordable, quality housing is a top priority for Immokalee • Encourage homeownership, particularly for lower income residents • Replacement housing is a primary focus for new housing initiatives in the community • Remove blighted housing stock and improve the perceived quality of certain neighborhoods • Increasing permissible housing density for replacement housing projects will improve the feasibility and interest in such projects from potential developers • Community revitalization organizations like Front Porch Florida and affiliated programs (i.e., Florida reBuilds, Weed and Seed) should be actively engaged throughout Immokalee's residential neighborhoods • Place priority on improving housing conditions in the South Immokalee district (between Main St and Arden Ave) • Support Habitat for Humanity projects STATE FARMERS' MARKET • Work with the Florida Governor's Office to remove obstacles to Farmer's Market redevelopment • Underused Farmers' Market is an ideal location for new tourism, cultural, and heritage uses • Various uses, including a weekly fruit and vegetable sale, arts & crafts and 3- dimensional art workshops, restaurants, etc. will augment the Market's appeal to residents and tourists • Promote the development of an agricultural incubator • Festivals, holiday celebrations, and other public gatherings should be encouraged in this area • Artists' studios and workshops should be developed • Support a new culinary arts school PARKS, RECREATION, CONSERVATION, LAKE TRAFFORD AREA • Promote recreational uses (fishing, boating & canoeing, bird watching, photography, airboat tours, hiking, and camping) • Promote hospitality uses (restaurants, bed - and - breakfasts, motels, visitors' center) • Upgrade existing parks (Ann Olesky Park, RV park) • Continue lake bottom dredging efforts to rehabilitate lake's shoreline • Remove invasive plants at shoreline and within littoral zone • Call for shoreline buffer preservation except at marina area (recreational tourism zone) • Pen-nit retail uses (gift shops, sundry stores, concession stands, photo development, bait & tackle, equipment rentals) • Implement usage and design improvements to all existing parks as required • Design new parks on vacant parcels to serve the majority of Immokalee residents within a short walk of their homes • Create new active site programs for parks that will appeal to the community's youth MIXED USE DOWNTOWN CORE • Mixed -use program: ground floor retail with offices and residential on upper floors • Increased housing density within all mixed -use areas • Infill development considered a priority • Retail & commercial uses should cater to tourism, heritage, and hospitality markets • Town center "theming" should be explored as a means to create distinct downtown areas (i.e., Arts District, Restaurant District) • Major redevelopment opportunities exist throughout this area, particularly the large vacant parcels at the 11th Street/Main Street juncture. • New cultural facilities (particularly a performing arts center) are in demand and will increase the social and entertinment value of the Downtown 9 Agenda Item No. 14B January 23, 2007 Page 10 of 16 • Pedestrian environment should be enhanced by way of streetscape improvements • Visual character and urban design standards should be held to a higher level in this area than the rest of Immokalee • Coordinate improvements and recommendations from the 1996 Main Street Design Guidelines • Provide incentives for substandard housing replacement and development in Main Street area • Explore opportunities to create a business start-up assistance center or service • Provide suitable buffers between commercial and residential or institutional land uses • Continue the Weed & Seed and Front Porch Florida programs to help with general community revitalization IMMOKALEE REGIONAL AIRPORT/FLORIDA TRADEPORT • Expedite road upgrades linking Immokalee Regional Airport to the interstate and other major truck routes • Support land assembly efforts • Allow PUD designations for large tracts in the Tradeport vicinity • Assist with permitting procedures to expedite new development • Work on job training and skills upgrades programs • Promote business and industrial incubators • Implement EDC recommendations that support Airport and Tradeport growth, i.e.: - Enhancing the Florida Tradeport Business Plan to include financial feasibility of private development outsourcing - Funding Airport infrastructure upgrades - Developing pad -ready and pre - permitted sites at the Tradeport TOURISM DEVELOPMENT • Promote eco- tourism uses, particularly at Lake Trafford • Promote general tourism and heritage uses at Seminole Casino, State Farmers' Market, and the Main Street District • Support development of a comprehensive hospitality and entertainment network that includes hotels, motels, restaurants, bars, and tourist destinations around the Seminole Casino and Reservation • Coordinate these efforts with any expected expansion of the Casino • Establish this area as one of the primary visitor attractions in any new Immokalee marketing materials. • Encourage development of a natural history and science museum, exhibit, or other similar visitor attractions ROADIMPROVEMENTS • Expedite the following road improvements: SR 29 Bypass Road to connect SR 82 to I -75 Little League Road south to Immokalee Rd and north to SR 82 Florida Tradeport Pkwy NE to SR 29 Bypass Connecting road along northern boundary of Immokalee Regional Airport between Florida Tradeport Parkway and SR 29 Bypass 4 -laning of SR 29 Widening of SR 82 Repairs on New Market Road 10 Agenda Item No. 14B January 23, 2007 Page 11 of 16 • Review on a regular basis the entire street and road network across Immokalee to determine where new improvements are needed Increase Collier Area Transit service to the following areas: Immokalee Regional Airport/Florida Tradeport Aong the SR 29 and CR 846 commercial corridors Throughout Serenoa and Ave Maria Throughout the downtown core GENERAL Upgrade sidewalks, crosswalks, streetlights, signage, parks, and other pedestrian - oriented features Complete the connectivity of the street grid by extending incomplete streets and removing cul -de- sacs where appropriate SERENOA AND AVE MARIA UNIVERSITY ECONOMIC POTENTIAL • Strong potential job market for construction and labour followed by retail and service positions • Population mass will exist to make big box power center development feasible • Position Immokalee favorably within the context of new regional development activities • Highly appropriate location between Serenoa and South Immokalee on CR 846 for new big box power center • Can serve Immokalee, Serenoa, and Ave Maria markets • Can act as the economic anchor for Immokalee's south end • Should be occupied by big -box retail stores (Wal -Mart, Home Depot, Bed Bath & Beyond), supermarkets, and outlet stores • Diversity of stores helps prevent retail leakage into more distant communities HOUSING AND COMMUNITY SERVICES • Encourage strong affordable housing element • Commitments to help widen Camp Keais and Oil Well Roads will benefit all of Immokalee • Encourage more affordable- housing initiatives like Ave Maria's Habitat for Humanity 10 -acre land donation • Work with University to set up workforce training or education programs for Immokalee residents (Ave Maria University only) 11 E c p 0 m v 7 07 b 4 r LL ci co T U CC G Agenda Item No. 14B January 23, 2007 Page 12 of 16 ATTACHMENT B V "l� .,�$. a� N79 _i Te r! xN M 4R � -R m 88�$$��$ �$ 8 all A N N z ffi Sp cM� LL g o $pSW$ $ `Fyx•1 ypMMp O N ♦ypaF�1 N YAM N S NN ��V M s X1,2 F RN 11 1 12 g a E 3 6 f E f j E � e C Q U Ci Li. d tit is r i,. m 4 C a d Y Q G Agenda Item No. 14B January 23, 2007 Page 13 of 16 ATTACHMENT C ggM FIR$ m kk at " 2n pp pp pp op p o O c N a. w�f�Sw�30�c5va z �rc 13 Agenda Item No. 14B January 23, 2007 Page 14 of 16 14 ATTACHMENT 0 cc ewv,net Report Title: Permits Jssued Summary Ommokc I Date: 121'1112y0f 11:W.42 AM From, 101112804 Tv Permit M Type PWmit Issued CO Number CoantyAnw.,IMUOKALEE Total SOFT Type CO Date ?enmita :.. 124 124 170,354 FY2005 01 91 135,808 E9 BLDG COMMERCIAL 1-3 STORIES 4 8 BLDG COMMERCIAL 1-3 ADD/ALT 4 47,051 5 5 5.1111 IB BLDG COMMERCIAL OTHER E 8 BUILDING gESIDENflAL 1-2 STORIES 8 2,240 1B BUILDING kESIDENTIAL ADDIALT 44 44 55,705 IB BLDG RES#40BILE HOME 3 27 3 1,154 ( =Y2008 27 24 2$9 33 33 34,748 IBBLDG COMMERCIAL 1.3ADD/ALT 1 1 IB BI:OG COMMERCIAL OTHER 3 3,000 11BUILD04GOESIDENTIALI-2 STORIES 3 B 8 11.054 '.MBUILDINGRESIDENTIALADDIALT 3 3 31 BLDG RESA#oINLE HOME 180 20 20 20,514 Business Management d 9udget office i 14 Agenda Item No. 14B January 23, 2007 Page 15 of 16 15 Agenda Item No. 14B January 23, 2007 Page 16 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 146 Item Summary: This item to be heard at 4.30 p m. and is to be heard before Companion Item 10B. Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Community Redevelopment Agency to establish an office in Immokalee. Meeting Date: 1/23/2007 9:00:00 AM Prepared By Thomas Greenwood Principal Planner Date Community Development & Environmental Services Comprehensive Planning 1212112006 9:24:56 AM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 12/27/2006 8:27 AM Approved By Mike Bosi, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 12!2712006 10:15 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 12128/2006 9:34 AM Approved By Thomas Greenwood Principal Planner Date Community Development & Environmental Services Comprehensive Planning 12/28/2006 9:43 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 113/2107 9:13 AM Approved By Commuinty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Environmental Services Comprehensive Planning 114/2007 12:31 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/11/2007 7:23 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/11/2007 1:39 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/16/2007 9:58 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1612007 1:52 PM Agenda Item No. 16A1 January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Falling Waters Beach Resort. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water and/or sewer facilities. CONSIDERATIONS: 1) The Developer of Failing Waters Beach Resort has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Community Development and Environmental Services staff on April 22, 1997. At that time, the value of these utility facilities (assets) was $72,577.00 for the water facilities and $125,017.40 for the sewer facilities (see attachment[s]). This Final Acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff, and these facilities have been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of a Performance Bond No. 59139 in the amount of $19,760.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of the Executive Summary. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total (undepreciated) value of $197,594.40. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. Agenda Item No. 16A1 January 23, 2007 Page 2 of 5 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for Falling Waters Beach Resort, and authorize the County Manager or his designee to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Agenda Item No. 16A1 January 23, 2007 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A1 Recommendation to approve final acceptance of the water and sewer utility facilities for Item Summary: Falling Waters Beach Resort. Meeting Date: 112312007 9:00:00 AM Prepared By Jodi Pannullo Administrative Assistant Date Community Development & CDES Engineering Services 1212112006 11:39:29 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 1212112006 11:52 AM Environmental Services Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 12128120061:19 PM Environmental Services Environmental Services Admin. Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 1212BI2006 1:23 PM Approved By Constance A. Johnson Operations Analyst Date Community Development 8 Community Development 8 11312007 8:34 AM Environmental Services Environmental Services Admin. Approved By Stephen L Nagy Wastewater Collections Manager Date Public Utilities WasteWater 1/312007 9:57 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 1/312007 12:16 PM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 11412007 1:02 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11412007 9:26 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Data Community Development & Community Development & 11912007 10:55 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/1012007 9:59 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 111012007 11:30 AM Approved By James Y. Mudd County Manager Date Board of County County Manager's Office 1/14/2007 6:32 PM Commissioners LO Q o CD 0O oC-) m Z" 0 f E �a C vm -`° c m —.0. / 7 i t- F r 1 a '4 fN�l�I1��1�� ! tll MEN M7 II g O —.0. / 7 CL Q V J CL SQ 0 Q V' 0 1-- IxQ W 1.. u F- U) z J J Q LL i a _ O S 4 mIV1lYIOB Yi11lVJ � tuvi fy Fes% r � � ti IE CL Q V J CL SQ 0 Q V' 0 1-- IxQ W 1.. u F- U) z J J Q LL .... -INAL COST VERIFICATION FALLING WATERS BEACH RESORT POTABLE WATER 8" PVC 10" PVC 20" HOT TAP 2' SERVICES FIRE HYD W/ VALVE 3" CONDUIT 8" GV 10" GV AIR RELEASE VALVE PERM SAMPLE POINT TEMP MAIN ENDING 2" DBL CHECK 8" DBL CHECK TOTAL WATER SANITARY SEWER LIFT STATION JACK AND BORE 16" HOT TAP 6" PVC FORCEMAIN 8" PVC SANITARY SEWER (0 -6) 8" PVC SANITARY SEWER (6 -8) 8" PVC SANITARY SEWER (8 -10) 8" PVC SANITARY SEWER (10 -12) MANHOLES 6" SANITARY LATERAL CLEANOUTS TOTAL SANITARY SEWER Agenda item No. 96A1 January 23, 2007 Page 5 of 5 CITY. UNIT COST PRICE 2110 LF $9.90 $20,889.00 294 LF $12.00 $3,528.00 1 EA $4,500.00 $4,500.00 500 LF $4.20 $2,100.00 5 EA 51,500.00 $7,500.00 600 LF $2.60 $1,560.00 2 EA $725.00 $1,450.00 2 EA $925.00 $1,850.00 1 EA $1,000.00 $1,000.00 1 EA $800.00 $800.00 2 EA $600.00 $1,200.00 7 EA $600.00 $4,200.00 1 EA $22,000.00 $22,000.00 $72,577.00 1 LS $43,000.00 $43,000.00 60 LF $180.00 $10,800.00 1 EA $2,800.00 $2,800.00 1236 LF $5.45 $6,736.20 951 LF $12.70 $12,077.70 475 LF $16.20 $7,695.00 830 LF $23.85 $19,795.50 200 LF $32.50 $6,500.00 10 EA $1,400.00 $14,000.00 160 LF $ 6.80 $1,088.00 7 EA $75.00 $525.00 $125,017.40 TOTAL COST $197,594.40 Agenda Item No. 16A2 January 23, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ave Maria Unit 13, Middlebrooke Townhomes ", 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 "Ave Maria Unit 13, Middlebrooke Townhomes ", a subdivision of lands located in Section 8, Township 48 South, Range 29 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 "Ave Maria Unit 13, Middlebrooke Townhomes ". 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 "Ave Maria Unit 13, Middlebrooke Townhomes" be approved for recording. FISCAL IMPACT: The project cost is $2,446,378.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $1,100,000.00 b) Drainage, Paving, Grading - $1,346,378.67 The Security amount, equal to 110% of the project cost, is $ 2,691,016.54 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: $41,496.36 Agenda Item No. 16A2 January 23, 2007 Fees are based on a construction estimate of $1,346,378.67 (does not include Ave MaRage 2 of 4 Utilities) and were paid in October 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,105.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ n/a C) Drainage, Paving, Grading (.75% const. est.) - $10,097.84 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ n/a e) Drainage, Paving, Grading(2.25 %const.est.) - $30,293.52 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. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or 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 "Ave Maria Unit 13, Middlebrooke Townhomes" for recording with the following stipulations: 1. Approve the amount of $2,691,016.54 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 -,r 0 ZN co c C t4 f6 C Q1 Q z sa — as atlOM SIV3N dnaa wD 0 J G0 0 °a o R J W a� - �Z 0 N n ao ao r O U s ; a O �j Y7 CO m b h n aD —..'._ 7W.4 G1 10M 0- a w H IL Z a v 0 J sa — as atlOM SIV3N dnaa o 0 J a °a o R W a� - �Z 0 — CrtIB SNY S30 O U a O v� Q m 4 W 9 o 0 4 O 3- M0.1co OF 0- a w H IL Z a v 0 J Agenda Item No. 16A2 January 23, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A2 Item Summary: This item requires trial ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in Recommendation to approve for recording the final plat of Ave Maria Unit 13, Middlebrooke Townhomes, approval of the standard form Construction and Maintenance Agreement and approval Ot the amount of the performance security. Meeting Date: 1/23/2007 9 00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 1/2/2007 12:54:18 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/2/2007 3:51 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/212007 4:20 PM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 1/2/2007 4:24 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Atlmins[rator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/9/2007 10:46 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 111012007 4:58 AM Approved By Mark Isackson Budget Analyst Date County Managers Office Office of Management 9 Budget 1110/2007 11:04 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1111/2007 6:45 PM Agenda Item No. 16A3 January 23, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of Arrowhead Reserve at Lake Trafford — Block V, 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 Arrowhead Reserve at Lake Trafford — Block 'C', a subdivision of lands located in Section 6, Township 47 South, Range 29 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 Arrowhead Reserve at Lake Trafford — Block 'C'. 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 Arrowhead Reserve at Lake Trafford — Block `C' be approved for recording. FISCAL IMPACT: The project cost is $1,206,820.12 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $475,410.50 b) Drainage, Paving, Grading - $731,409.62 The Security amount, equal to 110% of the project cost, is $1,327,502.13 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: $23,122.28 Agenda Item No. 16A3 January 23, 2007 Fees are based on a construction estimate of $731,409.62 (does not incltfte 2 of 4 Immokalee Water & Sewer District improvements) and were paid in February, 2003, and are reflected in the Executive Summary for Arrowhead Reserve at Lake Trafford — Phase One which was approved on June 24, 2003. 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. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or 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 Arrowhead Reserve at Lake Trafford — Block `C' for recording with the following stipulations: 1. Approve the amount of $1,327,502.13 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. 16A3 January 23, 2007 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A3 Item Summary: This item requires that ex parte disclosure be provided by Commission Members, Should a hearing be held on this item, all participants are required to be sworn in Recommendation to approve for recording the final plat of Arrowhead Reserve at Lake Trafford Block C. approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security Meeting Date: 1/23/2007 9.00.00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 1/812007 3:16:36 PM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development 8 CDES Engineering Services 17812007 3:56 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 118;2007 4:20 PM Environmental Services Environmental Services Admin. Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 1/912007 9:31 AM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Atlminstrator Date Community Development & Community Development 8 11912007 11:21 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1110/2007 10:18 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 111112007 12:53 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1312007 12:13 PM Commissioners Mr It QOM �O O cyi a) 7` N C F= �a_ a) CD — c CIO cc c 4 TW% OI. ION / 7 °c g 0 F£W O < �l5 NSIp g U Ili f 9a aAf , F fy� � Q � < Z U O TW% OI. ION / 7 a— Q W I V O d' O Q J h- Q 3 O f•7 z 0 F— Q v 0 J U Q � O W �^ N i 'N *S _ Q sz ¢ o do N N M O] ^ N mry r T p M f0 h W W IV CID a CJ W O a— Q W I V O d' O Q J h- Q 3 O f•7 z 0 F— Q v 0 J , ;,rA_ Agenda Item No. 16131 January 23, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a budget amendment to recognize revenue from a Developer Contribution for the SCOOT Split Cycle Offset Optimization Project 601724 Fund (313) in the amount of $90,000 and appropriate within the project. OBJECTIVE: To recognize revenue from a Developer Contribution for the SCOOT Split Cycle Offset Optimization Project 601724 Fund (313) in the amount of $90,000 and appropriate within the project. CONSIDERATION: On November 28, 2006, Transportation staff received a check in the amount of $90,000 to be used towards the SCOOT Split Cycle Offset Optimization Project from Benderson Development for the Triangle Parcel and the Gateway Shops at North Bay. The revenue received was not anticipated and was not budgeted. FISCAL IMPACT: A budget amendment is needed to recognize the $90,000 revenue and appropriate within the SCOOT Split Cycle Offset Optimization Project 601724. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the necessary budget amendment to recognize the $90,000 Developer Contribution for the SCOOT Split Cycle Offset Optimization Project 601724. Prepared By: Sharon Newman, Transportation Operations Manager Attachments: (1) SAP Report; (2) SCOOT System E -Mail Agenda Item No. 16131 January 23, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1681 Item Summary: Recommendation to approve a budget amendment to recognize revenue from a Developer Contribution for the SCOOT Split Cycle Offset Optimization Project 601724 Fund (313) in the amount of $90.000 and appropriate within the project. (Project No. 60172) Meeting Date: 1/23/2007 9:00:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 12121/2006 4:56 PM Approved By Barbara LaPierre ManagementlBudget Analyst Date Transportation Services Traffic Operations 12/22/2006 8:19 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/2712006 8:14 AM Approved By Robert W. Tipton, P.E. Traffic Operations Director Date Transportation Services Traffic Operations 114/2007 5:19 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 11101'2007 8:18 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/10/2007 10:00 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 1/1212007 5:46 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111W2007 12;21 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111572007 1:54 PM Commissioners m co 0 z a� 00 N LO N r-i O 0 N ri N N r1 H Ua z 3 w z a c� q o 0 W o 0 0 0 -m o 0 o 0 cd rn rn c0 "'o U i j .0 = o o O O N 0 -H H I O O O O yD ( OF, U' 00) 0A 10 Uz0 i mU j 4-4 4.42 O a) 0� 75 m � fq� U x U E� r-i (n U +J U) r N m -,I FC (D'O •0 •n .-I C7 � O w 00 Z ) UDO m U) q N Id ri '' a' O � om I P4 rra cn m o o a1 io o rgfl H U \ m m U O W H Qg1 NN •n WU m ::m.' HWx. W to CD r WHO HO o tD i O 4J S 1-1 m c6 -1 � 'Q 1m Gl N go Cl) P+J 0 r1 ri 000 N O O H >4j ' V 4 UU U VWH m0 N m Mr4N rA-U aMM{ W N (P n p,+) U 4;- , V ID W 0 rI r-I r-I O m m m m' M r r � P4UW or I wU) 9�a 00 N LO N r-i O 0 N ri N N r1 H Ua z 3 w z a c� Agenda Item No. 1661 January 23, 2007 Page 4 of 4 newman s ,10m: PodczerwinskyJohn Sent: Tuesday, November 28, 200610:30 AM To: tipton_b Cc: newman s; CasalanguidaNick; BuchheitDavid; lapierrebarbara Subject: SCOOT System Developer Contribution Bob, I delivered today a check for $90,000 that was paid as a Developer's reimbursement contribution to the SCOOT system. This is for the Triangle Parcel and the Gateway Shoppes at North Bay (Benderson Development). The $90k was derived from a per - intersection minimum estimate ($45k each) that you had provided to me for SCOOT costs. The intended intersections that this money is earmarked for are as follows: US-41 at Old 41 US41 at Wiggins Pass. As I understand it, this money must first be recognized by the BCC before It can be spent. Sharon Newman has stated that she'll write an executive summary for you to recognize the money. Thanks, John M. Pod=erwrasky Th"Por""na Plaaaiog 239 - 213 -58910 Agenda Item No. 16132 January 23, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award Bid #07 -4074 "U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews) Irrigation and Landscape Installation" to Vila & Son in the amount of $549,015.37 with 10% contingency of $54,901.54 for a total of $603,916.91 (Project #600261). OBJECTIVE: Award Bid #07 -4074 "U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews) Irrigation and Landscape Installation" to Vila & Son. CONSIDERATIONS: On October 10, 2006 the Purchasing Department sent out 64 notices for the U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews) Irrigation and Landscape Installation. On October 26, 2006 a non- mandatory pre -bid meeting was held. On November 9, 2006 four (4) bids were opened. Staff reviewed the unit pricing and recommends awarding the Bid #07 -4074 to the apparent, lowest, qualified bidder, Vila & Son. Staff recommends the award of base bid sections I through V and Section VI. Bid Alternates 2, 3, 4, 5, 8, 9 in the amount of $549,015.37 with 10% contingency of $54,901.54 for a total of $603,916.91. With the recommendation to award Alternate #8, Vila & Son, the low bidder, notified the Purchasing Department in writing that there is a bid error regarding the unit price for soil that they will not withdraw their bid and will follow all soil specifications. Company Section I -V Alternates Total Bid Vila & Son $515,801.70 $33,213.67 $549,015.37 Hannula Landscaping $544,637.90 $65,553.04 $610,190.94 Landscape Service Professionals, Inc.$ 583,356.10 $101,494.10 $684,850.20 Superior Landscaping $877,320.53 $73,646.00 $950,966.53 Direct County costs for permitting and tapping fees are estimated to total $75,000.00. Construction dollars in the amount of $263,469 will be reimbursed through an FDOT JPA grant (FM# 195425 2 58 01). The project is scheduled to begin April 17, 2007 so that work will not impact lanes until after season ends. FISCAL IMPACT: The revised budget for this project including contingency and direct County costs totals $678,916.91. Available budget within Landscaping Fund (112) project 600261 "U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews) totals $601,701.35. In order to complete this project, a budget amendment in the amount of $77,215.56 will be necessary. The preferred amendment will move budgeted dollars from project 600701 Golden Gate Blvd. Phase 3 (111` SW to Wilson) to -^ project 600261 "U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews). Agenda Item No. 1682 January 23, 2007 Page 2 of 8 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #07- 4074 to Vila & Son for U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews) Irrigation and Landscape Installation; authorize the Chairman to execute the standard contract after review by the County Attorney's Office and approve all necessary budget amendments. Prepared By: Pamela J. Lulich, Landscape Operations Manager, ATM Department Attaclunents: Bid Tab #07 -4074 Agenda Item No. 1662 January 23, 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1662 Recommendation to award Bid #07 -4074 U.S. 41 (SR 90) Tamemi Trail East (Phase C- Item Summery: Rattiesnake Hammock to St. Andrews) Irrigation and Landscape Installation to Vila & Son in the amount of $549.015.37 with 101 contingency of $54,901.54 for a total of $603.916.91 (Project #600261). Meeting Date: 1/2312007 9:00:00 AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1212812006 10:32:06 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 12/2812006 12:33 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 12/29/2006 2:39 PM Approved By Gloria Herrera ManagementlBudget Analyst Date Transportation Services Stormwater Management 12/2912006 4:04 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 1!3!2007 8:33 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1/312007 8:56 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 11312007 10:47 AM Approved By Steve Cannot PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1/4/2007 9:36 AM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin 1/9/2007 3:04 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 119/2007 3:17 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/10/2007 8:40 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 111012007 10:01 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1!1212007 4:57 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1412007 7:13 PM Commissioners Agenda Item No. 16B2 January 23, 2007 Page 4 of 8 COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Building Purchasing Department 3301 E' Tamiami Trail Naples, Florida 34112 Telephone: 239/774 -8407 FAX: 239/530 -6697 Date: November 16, 2006 To: Pam Lulich, Project Manager, Transportation Department From: Brenda Brilhart, Purchasing Agent, Purchasing Department Re: Bid 07 -4074 "US 41 (SR 90) Tamiami Trail East (Phase:C Rattlesnake Hammock - St. Andrews) Irrigation and Landscape Installation" Enclosed please find a copy of the bids and tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid" or "See Note ", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent low bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 239/774 -8446. 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M virc D Maui m N 4 M Sig g 20 C d m IC O f0 r H NNH -00Ci HN N ilY N 0 N 0 y y� m m m 0 m d rrrrrr c 0988 849 ° 8 $8 bR c Ri ci O^ Ff O_O W h 00 t7M C� 9.- VY V!H to 460 NN LR N fR 0 7 li Gi uoj rs ALL } } Y K a �z 00 ppW ll1W WJ U (mUp tUp =O N v N q E LL Ou c 4z 7 i t 7 ca z W xFS� 7 i0 O H W O Ng 3g& it all z K 14.6 p t 2 H �UE m W � m Q m G n� � J 0 d O -O Ed ` \III E 9 m c m T CLO m O Z E E w N m oc G O w0. C v a m C R� C of 'v m O m N A E t c m m try 0 U 0 N m C W O c i m r N d U m O V N m °c c m v c d m n O m �o v `o c � E E E 'm C d a r= rO. N � c N O H � a O N � Evi�- ° �a'��iv-9 7S is op L- W_2G��wi S.np!..O- �.� t3lw t �( �N t x g m �.T6 $ co- m mz�� a - e buy' m�' Op o c .� w• -.. 3 II�8 'a a�3aa � ¢� 4Lv$Ec °Au��ffivNBv'a v'w tLj w 2�aYt�_�m OU ul CP r 'i[C�F�UmNFOUHUF pg 3U_F s > a i t 7 ca z W xFS� 7 i0 O H W O Ng 3g& it all z K 14.6 p t 2 H �UE m W � m Q m G n� � J 0 d O -O Ed ` \III E 9 m c m T CLO m O Z E E w N m oc G O w0. C v a m C R� C of 'v m O m N A E t c m m try 0 U 0 N m C W O c i m r N d U m O V N m °c c m v c d m n O m �o v `o c � E E E 'm C d a r= rO. N � c N O H � a Agenda Item No. 16133 January 23, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to award Bid #07- 4079 "U.S. 41 (SR 90) Tamiami Trail East (Phase E- Barefoot Williams Road to 951) Irrigation and Landscape Installation" to Hannula Landscaping Inc. in the amount of $569,627.72 with 10% contingency of $56,962.77 for a total of $626,590.49 (Project #600451). OBJECTIVE: Award Bid 407- 4079 "U.S. 41 (SR 90) Tamiami Trail East (Phase E- Barefoot Williams Road to 95 1) Irrigation and Landscape Installation" to Hannula Landscaping Inc. CONSIDERATIONS: On October 17, 2006 the Purchasing Department sent out 63 notices for the U.S. 41 (SR 90) Tamiami Trail East (Phase E- Barefoot Williams Road to 95 1) Irrigation and Landscape Installation. On November 2, 2006 a non - mandatory pre - bid meeting was held. On November 15, 2006 three (3) bids were received and opened. Staff reviewed the unit pricing and recommends awarding the Bid #07 -4079 to the apparent, lowest, qualified bidder, Hannula Landscaping Inc. Staff recommends the award of base bid sections I through V and VI. Bid Alternate 8 in the amount of $569,627.72 with 10% contingency of $56,962.77 for a total of $626,590.49. Direct County costs for permitting and tapping fees are estimated to total $30,000.00. Company Section I -V Alternates Total Bid Hannula Landscaping $460,464.12 $109,163.60 $569,627.72 Landscape Service Professionals, Inc.$520,065.64 $110,963.00 $631,028.64 Superior Landscaping $493,786.10 $89,970.00 $583,756.10 The project is scheduled to begin April 17, 2007 so that work will not impact lanes until after season ends. FISCAL IMPACT: The revised budget for this project including contingency and direct County costs totals $656,590.49. Available budget within Landscaping Fund (112) project 600451 U.S. 41 (SR 90) Tamiami Trail East (Phase E- Barefoot Williams Road to 951) totals $380,000.00 In order to complete this project, a budget amendment in the amount of $276,590.49 will be necessary. The preferred amendment will move budgeted dollars from project 620717 Livingston Road (Vanderbilt Beach Road to Immokalee) in the amount of $195,781.00 and from Goodlette Frank Road (Pine Ridge to Vanderbilt Beach Road Project # 601345) in the amount $57,389.49 and from project 620101 US 41 East Phase A in the amount of $23,420.00 to project 600451 US 41 East Phase E. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #07- 4079 to Hannula Landscaping Inc. for U.S. 41 (SR 90) Tamiami Trail East (Phase E- Barefoot Williams Road to 951) Irrigation and Landscape Installation; authorize the Chairman to execute the standard contract after review by the County Attorney's Office and approve all necessary budget amendments. Agenda Item No. 1663 January 23, 2007 Page 2 of 7 Prepared By: Pamela J. Lulich, Landscape Operations Manager, ATM Department Attachments: Bid Tab #07 -4079 Agenda Item No. 1683 January 23, 2007 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1663 Recommendation to award Bid #07 -4079U S. 41 (SR 90) Tamiami Trail East (Phase E- Item Summary: Barefoot Williams Road to 951) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $569,627.72 with 10 %, contingency of $56,962.77 for a total of $626..590.49 (Project #600451). Meeting Date: 1/23/2007 9.00.00 .AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 12128/2006 11:14:21 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1212612006 8:59 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 11312007 8:30 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1/3/2007 8:58 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 113!2007 10:53 AM Approved By Gloria Herrera ManagementtBudget Analyst Date Transportation Services Stormwater Management 11312007 2:48 PM Approved By Steve Camell Purchasing /General Svcs Director Date Administrative Services Purchasing 1/4/2007 9:38 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1!912007 3:16 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 111012007 8:47 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 111012007 10:02 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin V1212007 10:32 AM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1116/2007 6:00 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111612007 8:52 AM Commissioners Agenda Item No. 16133 January 23, 2007 Page 4 of 7 COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Building Purchasing Department 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774 -8407 FAX: 239/530 -6697 Date: November 28, 2006 To: Pam Lulich, Project Manager, Transportation Department From: Brenda Brilhar, Purchasing Agent, Purchasing Department Re: Bid 07 -4079 "US 41 (SR 90) Tamiami Trail East Phase E (Barefoot Williams to Collier Boulevard) Irrigation and Landscape Installation" Enclosed please find a copy of the bids and tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid" or "See Note ", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent low bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 239/774 -8446. Recommended Awardee(s): V Z' Eco cu c a> ar Q 9 N N G N n 19 'O C N C G O� m� _W r E m E K cn D v J � ttpp L m CL a 8 n 4 k, co a • ! A LL li G al 10 ai al �d �d of (d tU io m W W W W W 'w N O w d wwWwwwwwuiwu`�wui r t2 m 8 �iom Q aornmmQM M Q f� N . M h w' 19 cs i d m _ E �{ M E m c e a C') N a a " cs Q 7.. M tie $ re m • xp V y tv v1 M z x cif N g a ='cif° bra v, _ JOE m Nin tb y ti r�'+m � C Jill 11 TE �. z� p�Wt��. N M •-NMQW r N m I c U c 0 m U W a r r.. M i a> i O N G d a c J C m t O W m O L a m m w M E m rn v m U J O O a -- g '" m '9 a0' IFS .1 ais o of 0 N C Sf r� 1p IL LL. 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U .- u) tD n m OI 0 - M .K- ^ 1D m O> N r N U � > w O S S S OC1 S S S 0c�.i 0 O S • M p ci = n ry ui g �Op pp a .OarS�7 _O + cd od O e+ 4 of P M O N 9 y H N N N N H�� N y H H H h y N tl H N H N • 8 8 y'8 8 S 8N$ S S S 8 SSSpSB SS w h l'7 O O 4 iC (qq8= N n D .yy -d 7 � H N N N N ' O y O 'H . 0 -cp•8 O 8 atl oN SpO SN p 0 pO W V 1 b I�An 1� 9 Z R h Y fVyW 7 Vb ' 'py O YO 1 �N [i LL•i i n i ig H y H to N F = 46 N N H H YN H N N H H H y $ $ S S Q $$889 S n 1OO8 �O4 u CCZ Q 76 j RR�1 tH 11 od C v 10�! COo v o cpH V N v ci OH M 9 �rn O S � H H H H N H H8. p6p , H N N 19 N H H H in H H N N S Q 88 S 88 8 8 8 88 to w6 � ui ppo CO 4 N d v 1V cad a o m 1D !O N o V Omapi M Rt d r4� R N •- N u) r- 4' n N 4 1D 4 h iV . 47 .'+- ui i v H H HaNppN H=�+ 6. N N N H H N H N y m N H N HN wo oN y1V hN S OS S 8 N S 182 p@ g m �rNioiN N4 zZ H N NHN NZ Vl N H NN N 64 H N NNHNN lAH C Sf r� 1p IL LL. IL IL V al al i IC al 10 m m tU lQ a] al {p U' N C •C R W J -1 J J W W W W W W W W W W W W W W W lA M N .- N pl p e- f0 1t) N N t4�1 t7 th�J N QJ [V 1 Y1 � z m a N d m 0 lu cYi � c m K CL en €� a�m9 ° °gl � c t- -- m a m ot1 c '6. m g o s qq YI o c g> m e a .5-9 E t IL }nm„:�m�'w.q p`oc tip c Ev19i4Ec D ,,-0 _.- g_?EB�n�t AS oi3ha5 �L�ro YN o�c$ ivrr��P m y �Sl�ia� Sgyfl�°Lagem �y�p3 N a?��mWgSL•m mg oQ1�yt- co-�a3�mmCy�mryp��p�55 C7 °1 n -B me1p� ir`m.-m fmtn Loo c°ctXnX c�... �"' �?,{"a.� m �m°ma��prL9��,�EgS° •g-x c tgr�7��+'9 ° �°:,(�j.Iprpi�3�[QaYcE�y1m",OduNZ; l�1 ;i- °Qo 4`i mEa = �d 't.EE o u �a exi ��• a.� Q..6 Sr�Sv; � 2 33r�, $ 1 @6 a' a6 F�� a. ��y m Hq�S�i ili _m c �i E m ,� O vs m� IS Hlag a9 $ _ ��i1s�aEp��`�g.ape,�yL.Na '�Fgan$°omttEltLl° g8a $e0MbIR`' as z Qm { 11gg pp'q pp pp c .8's t$�maC l�1l $g Fn a4�s S co ?ro g'ig —2STth W� C U � 3�aNd'Yi�+..U2 i7 .m+ .didQriv�LN2Jr°E Zoc �iCF -rI -CL G10io;T pg m . . .. . . . .. . . cv M 4 . U .- u) tD n m OI 0 - M .K- ^ 1D m O> N r N U � > w R f V O C R J C R A R �t oa m� w r E F� U) m . R a � � P �j im tG' N N N x ¢cam E o E ja CD ECM `: $::a , IV ?.8 M & is- r .- N t0 V 1n ra M1 m a _ e R 0 t d R E m A E c g m m A 0 V d A C pR W 'C C ryd v v C O C C R D c A v m 22 �p N �E R p 0 3 N c M s M A N ti. Agenda Item No. 1684 January 23, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award Bid #07- 408011U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road) Irrigation and Landscape Installation" to Hannula Landscaping Inc. in the amount of $925,396.63 with 10% contingency of $92,539.66 for a total of $1,017,936.29 (Project #600231). OBJECTIVE: Award Bid #07- 4080 "U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road) Irrigation and Landscape Installation" to Hannula Landscaping Inc. CONSIDERATIONS: On October 17, 2006 the Purchasing Department sent out 63 notices for the U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road) Irrigation and Landscape Installation. On November 2, 2006 a non- mandatory pre -bid meeting was held. On November 16, 2006 four (4) bids were received and opened. Staff reviewed the unit pricing and recommends awarding the Bid #07 -4080 to the apparent, lowest, qualified bidder, Hannula Landscaping Inc. Staff recommends the award of base bid sections I through V and Section VI. Bid Alternates 6 in the amount of $925,396.63 with 10% contingency of $92,539.66 for a total of $1,017,936.29. Direct County costs for permitting and tapping fees are estimated to total $30,000.00. The project is scheduled to begin April 17, 2007 so that work will not impact lanes until after season ends. Company Section I -V Alternates Total Bid Hannula Landscaping $830,133.63 $95,263.00 $925,396.63 Vila & Son $902,245.61 $99,257.90 $1,001,503.51 Landscape Service Professionals, Inc.$952,593.11 $113,701.00 $1,066,294.11 Superior Landscaping $1,192,848.85 $92,190.00 $1,285,038.85 FISCAL IMPACT: The revised budget for this project including contingency and direct County costs totals $1,047,936.29. Available budget within Landscaping Fund (112) project 600231 U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road) totals $480,000.00. In order to complete this project, a budget amendment in the amount of $567,936.29 will be necessary. The preferred amendment will move budgeted dollars from project 740461 I -75 Interchange on Pine Ridge Road in the amount of $261,312.49 and from project 601591 Immokalee Road in the amount of $98,378.60 and from project 610131 Immokalee Road Mowing in the amount of $158,000.00 and from project 650211 Rattlesnake Hammock Road in the amount of $50,245.20 to project 600231 U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. .-. RECOMMENDATION: That the Board of County Commissioners award Bid #07- 4080 to Hannula Landscaping Inc. for U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road) Irrigation and Landscape Installation; authorize the Chairman to execute the standard contract after review by the County Attorney's Office and approve all necessary budget amendments. Agenda Item No. 16134 January 23, 2007 Page 2 of 8 Prepared By: Pamela J. Lulich, Landscape Operations Manager, ATM Department Attachments: Bid Tab #07 -4080 ,,.- Agenda item No -16B4 ,January 23, 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1684 Recommendation to award Bid M07- 40BOU.S. 41 (SR 90) Tamiami Trail East (Phase U -St. Item summary: Andrews to Barefoot Williams Road) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of 5925,396. E3 with 10% contingency of $92.539.66 for a total of 51,017.936.29 (Project 9.600231). Meeting Date: 1/2312007 9:00:00 AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1212812006 11:29:52 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 12/2812006 12:35 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 11312007 8:29 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 113/2007 9:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/312007 10:03 AM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 113/2007 10:29 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 1[312007 1:23 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 1x412007 9:38 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 1!912007 3:18 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1110/2007 8:55 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 111012007 10:05 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management &.Budget 1116/2007 10:41 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111612007 2:08 PM Commissioners Agenda Item No. 1664 January 23, 2007 Page 4 of 8 COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Building Purchasing Department 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239 /774 -8407 FAX: 239/530 -6697 Date: December 4, 2006 To: Pam Lulich, Project Manager, Transportation Department From: Brenda Brilhart, Purchasing Agent, Purchasing Department Re: Bid 07 -4080 "US 41 (SR 90) Tamiami Trail East Phase D (St. Andrews Boulevard to Barefoot Williams Road) Irrigation and Landscape Installation" Enclosed please find a copy of the bids and tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid" or "See Note ", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." 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M qIn1 61 a] m N a a I� I„ C VV Z N a m1 v ��a++ff 17 m N O VO'` o � ci -. .0 IL !+l fA 09` W fa fH 49 t u1 12 4. y7 tI) Vaf Np Vl t1'f IpA H 69 M M h Vp/ KpI1Nj 1pA �Vp+ $ o o a a Q m "maT C 1t1 x N a M IrS t0 c'S i4U a c'z"i O N y4� IL .} .I }, N M N g m 8$8888 �, 8.:. Y � Z C _ y M to N M b9 H H t9 M N /n N M M 114 M fV M t` tl r a rq 6 b7 NY tl! M Nf M (A 69 Vl Yl M IR N aM Ul 6 v zM � v of Vk VS 1/f of Hl to Nt MrAH is Mf N H I o g ° MAR c Z N N r _ N N N Vf tR iR H (Jf fH //f M N NN MO N IA tN9' O O 0 Q 47 O O O O O m O�4 C5 O O Li �E7 C tft (�V /mrl NH M M W v) H 09 ' Vf IM H to Q9 iff Vi kf V7 a m N U C w w" wwwm w w w w wwpwww "w fY 7 N rpa° a f°av� C" m t1 •_�'E ,f w �p�7, p. mica 2¢3m��:Eg0if' 6 CL CL EaantfLa$-°�$- 8'RS?KQi�gm`'i�m� (�fq E $ aEm m o - Or'Ti.vf� ci 3�f:]LiY7 C�7 m o }� C [may — �' c 4?. C! Ai Sq m. ��mm m91�a�ml�mm�c '�0°�numsiut:''�,$�- W 7a$no: xm,^�'dffa 0 w m >~ h�n3xiy 21�3. get Sm e "$C C o YfLl :4t U �� 19 ~ Q a w E ? — m $ = }ei L LL M 3: Lp eT c 8 as o- ffo4 1W w<d em�fez1�r 0. {p 0 O T rma t0 rfONNNN u cly C ar v� Q 0 n 9 N L J 0 R E ❑ � m w' O L �a F3 m w com H 011 a' v r '2 q J A aa7 rn O m m FL � >: } I FN •g ' s U Ud SO f0WNs.r v e7 eo- xv i4 t�f 5 i4j 1� eq m 114 ,- y !- W a M m1 �3S Q a tf NlAwK O f/! wM..N �1I3 yy� NUfdm �'i -pwj Q E p F 8.15 815 8 IC _ N N m � M �V Q 0 v wN 'N 5ih N z N N 04 W d off` O to s� mcl O � a 2 t7 � wm ,� n� m` pt is G.••' �� Vl L a � m to _O �. i' $88 S 8S 8 � 88 `. E #� �NOZ oppqt� N N N edA C UQQ3 19 VI tR tlD N P{ QN W 1p (�y 8 Y S 4 N pK �qf O lid . GG Ch RI Y ~ � wwNK M NH K K ww mw -wwN m.mmmm� a� S 8P' w° 8 rrrrr� p Ilq N eF �(j � (V 99 f�.. ty O M C s ice. tQ w N M w w MF h >: } I FN •g ' s U Ud S tAW �.; 5 m p = y !- W a M m1 �3S Q a tf m O a Q E p F 8.15 815 8 IC _ � U N m � �V Q 0 v m - z m w � 04 W d off` O to s� mcl O � a 2 I QQjj1� c wm ,� n� m` pt is >: } I FN •g ' s U Ud S 5 i a m1 �3S a tf 9 O a Q 8.15 815 8 s >: } I FN U Ud i m1 �3S 9 Q 8.15 815 8 L c7 d r +s ap a�.w ••m��'Sm��akm @� m a C jq _M L.. O i I QQjj1� c pp i N� m` pt L a � m to _O �. Agenda Item No. 16135 January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid #07 -4091 "Golden Gate Boulevard Phase III Collier County Landscape Beautification Master Plan" to Hannula Landscaping Inc. in the amount of $478,939.64 with 10% contingency of $47,893.96 for a total of $526,833.60 (Project #600701). OBJECTIVE: To award Bid 407 -4091 "Golden Gate Boulevard Phase III Collier County Landscape Beautification Master Plan" to Hannula Landscaping Inc. CONSIDERATIONS: On November 13, 2006 the Purchasing Department sent 63 notices for the Golden Gate Boulevard Phase III Irrigation and Landscape Installation. On November 30, 2006 a non - mandatory pre -bid meeting was held. On December 13, 2006 three (3) bids were received and opened. Staff reviewed the unit pricing and recommends awarding Bid #07 -4091 to the apparent, lowest, qualified bidder, Hannula Landscaping Inc. Staff recommends the award of Section I -V in the amount of $478,939.64 with 10% contingency of $47,893.96 for a total of $526,833.60. Direct County costs for electrical, Motorola components and permitting are estimated to total $19,125.37. Company Section I -V Base Bid Hannula Landscaping $478,939.64 Landscape Service Professionals, Inc. $511,003.56 Vila & Son $547,585.69 The project is scheduled to begin April 17, 2007 so that work will not impact lanes until after season ends. FISCAL IMPACT: The revised budget for this project including contingency and direct County costs totals $545,958.97 and funding is available in the Golden Gate Blvd. Phase III project (#600701). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #07- 4091 to Hannula Landscaping Inc. for "Golden Gate Boulevard Phase III Collier County Landscape Beautification Master Plan" and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared By: Pamela J. Lulich, Landscape Operations Manager, ATM Department Attachments: Bid Tab #07 -4091 Agenda Item No. 16B5 January 23, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1685 Recommendation to award Bid 007 -4091 Golden Gate Boulevard Phase III Collier County Item Summary: Landscape Beautification Master Plan to Hannula Landscaping Inc. in the arnount of 5478.939.64 with 101 contingency of $47,893.96 for a total of $526,83160 (Project 0600701). Meeting Date: 1/23/2007 9.00:00 AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1 712 8/2 006 11:44:49 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1212912006 9:01 AM Approved By Gloria Herrera ManagementlBudget Analyst Date Transportation Services Stormwater Management 1212912006 4:24 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 11312007 8:29 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 11312D07 9:11 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 1/3/2007 1:35 PM Approved By Steve Carnell Purchasing7General Svcs Director Date Administrative Services Purchasing 1/312007 1:41 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11912007 3:18 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1110/2007 9:01 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/1012007 10:06 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/121200710:32 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1115/2007 9:08 AM Approved By James V. 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L O C N U C G O O C p N O FF� ..: m '; b N E m O E a E m m E c ° 3 o o l- U c m c�_ c ._ a m ffi d Z d c E 3 E r o } 3. Uo o m y o .� y c E N T O d q E d d 2 MOH. O O D N} J `Op. o o o _ $ M 'N y D N y ci cc O N G1 y N t > d CCC 3 LL o N y 0 C �F W C 1N , L y C p p C m p . 0 E N% N N L O J N S U QC Y N O.0 O CN i a m E w LL ° o rn " E @ E > > i aE U ° CY� d Y U O 0 i;>n a N p Y c o tE N � id n o J° y W Y L N VN > O U c p C Lp O y N H H O Z N y d O E y J O n 0 c o O �T y d LL o N U O u d _ZN n N d C n 6 f U _ Sri V N 0 N O W LL y 0 C C N O N U N V_ "' M lOV n Cl C a p`o .W is W° Z d `5 J 0 m� J� m d° C9 m = m o a c =' o E N d C9 U 2 Q m m c E% 'b rn °' N >< 'E 'c `,' co �. a Z > m fn U E i 2 - `v `v = Q < - Soo M� fn tD n aD O N N N N N g�;,3 2A� 2 k E co —/ /A ) � } _! !�) j \ {\ � § kk`fƒff! |/ !! }ffffff I iffƒff/ { { { { {\ f))()ƒ f!x 7 ;3@ 2 ) ` )� 2� k! r! E! \f LU 3 0E ()k })k «3J / j) !ƒ &k\ |%k e27 �#! \ ƒƒ ®m= \/) §/2 k»f / ±!! \) \ \k ƒ { \ § { | a / Agenda Item No. 1686 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a budget amendment to recognize revenue from various Developers for the PUD Monitoring Program in the amount of $79,929 and appropriate within Fund (101). OBJECTIVE: To recognize revenue from various Developers for the PUD Monitoring Program in the amount of $79,929 and appropriate within Fund 101. CONSIDERATION: The Transportation Planning Department has established a program in which developers can pay a fee to Collier County for PUD Monitoring that is required for annual traffic counts within their PUD. For the current fiscal year 2007 Transportation budgeted revenue to be received at $25,000. As of December 28, 2006 actual funds received for the PUD Monitoring Program were $104,929. In order to purchase the equipment needed for the monitoring program, a budget amendment is needed to recognize the additional revenue in the amount of $79,929 and appropriate within the Transportation Services PUD Monitoring Fund (101). FISCAL IMPACT: A budget amendment is needed to recognize the $79,929 revenue and appropriate within the Transportation Services PUD Monitoring Fund (101). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the necessary budget amendment to recognize the $79,929 in additional revenue and appropriate within the Transportation Services PUD Monitoring Fund (101). Prepared BY: Sharon Newman, Transportation Operations Manager Agenda Item No. 1666 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1686 Item Summary: Recommendation that the Board of County Commissioners approve a budget amendment to recognize revenue from various Developers for the PUD Monitoring Program in the amount of $79,929 and appropriate within Fund (101). Meeting Date: 1/23/2007 9.00 00 AM Approved By Sharon Newman Accounting Supervisor Dale Transportation Services Transportation Services Admin 1212812006 4:34 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/9/2007 1:28 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1110/20D7 9:07 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 111012D07 10:08 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1110/2007 2:53 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1512007 2:28 PM Commissioners to M Cif �- �m ° I p mo 2 N CU c -- C N co m C \ N N w Q I b a � Oo 0 0 Oo 9 9 0 o Y O OI m O O o j N N I a lA m b �o i0 r m r a e a r y � I �I O o n1 NI h N 0 CO m Cp m , b N t+l to O O c N O � rl � ado i o #+ O o O o O o WpG a a °i m a C °0 00 o m cl' " `n In u H H z° ro a b u aoi aoi a z -H o 0 H 41 Z r z o a v� o H E Y 1 q a m °w a o rn N M °�` u a a a m I uui yy m yp: b p Z a H C III o 0 0 000 � U Y L y o � w a m rn rn „� Oo v °o .°'i °o M a o o N .0 o b r n r I�', n ro U •+ o 0 0 0 0 0 0 I U y ++ 4 0 0 0 0 0 0 0 A O� 14 41 0 41 Agenda Item No. 16137 January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing an additional $36,568 in Federal Transit Administration Grant Section 5311 funds for Fiscal Year 2007. OBJECTIVE: Request that the Board of County Commissioners approve a Budget Amendment recognizing an additional $36,568 in Federal Transit Administration Grant Section 5311 funds for Fiscal Year 2007. CONSIDERATIONS: On January 24, 2006, the Board of County Commissioners approved a resolution (Agenda Item 16B7) which directed staff to execute the Federal Transit Administration (FTA) 5311 Grant application for funding. This application for funding requested $147,582 from the FTA. The approved FTA 5311 grant award was $36,568 higher than the original grant request for a total award of $184,150. This positive differential will require a budget amendment to align the available grant revenue and corresponding expense budgets. FISCAL IMPACT: A budget amendment is required to recognize an additional $36,568 of Federal Transit Administration Section 5311 Grant revenue and align budgeted expenses with the actual revenue received; a total award of $184,150. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners approve a budget amendment recognizing $36,568 in additional Federal Transit Administration Section 5311 Grant revenue. Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes Department, Transportation Services Division Agenda Item No, 1687 January 23, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16137 Item Summary: Approve a Budget Amendment recognizing an additional $36:568.00 in Federal Transit Administration Grant Section 5311 funds for Fiscal Year 2001, Meeting Date: 1M12007 9:00.00 AM Prepared By Sue Faulkner Principal Planner Date Transportation Services Alternative Transportation Modes 114/2007 9:44:15 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 1/812007 11:52 AM Approved By Mariana J. Foord Grams Coordinator Date Administrative Services Administrative Services Admin. 1/912007 2:OB PM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin 119/2007 3:06 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 119/2007 4:44 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1110/2007 9:20 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/10/2007 10:09 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management 8 Budget 1/1512007 8:28 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1115/2007 3:01 PM Agenda Item No. 16B7 -- January 23, 2007 Page 3 of 5 Florida Department of Transportation JEB BUSH DENVER J. STUTLER, JR. GOVERNOR SECRETARY November 8, 2006 Ms. Diane Flagg, Director Collier County Alternative Modes Department 2885 South Horseshoe Drive Naples, FL 34104 RE: Fiscal Year 2006/2007 Federal Transit Administration Section 5311 Public Transportation for Nonurbanized Areas Program Grant Award: Contract Number: AM357 / Financial Management Number: 204722- 1 -84 -25 Annual Encumbrance Process Dear Ms. Flagg: Collier County has complied with all of the program requirements necessary to qualify for receipt of the annual allocation of Federal Transit Administration Section 5311 Nonurbanized Areas Program Grant Award funding. In Fiscal Year 2002/03 we implemented multi -year Joint Participation Agreements (JPA) for this prograrn. Annual Agreements are no longer required. I am enclosing two copies of the fully- signed Multi -Year Joint Participation Agreement Notification of Funding form and a copy of the Department's approved encumbrance for this project for your files. If you require additional information or need assistance, please feel free to contact Richard Shine of the Modal Development Office at (239)461 -4300 or Richard. Shine andot.state.fl.us. Sincerely, Terry Beacham District Modal Development Administrator TWB:RPS:sbs Encl: 2 cc: Richard P. Shine, Modal Development Office /Public Transit, FDOT District (one, Modal Development Office 801 North Broadway Avenue * Post Office Box 1249 * Barlow, FL 33831 -1249 (863)519 -2388 * (863)534 -7172 (Fax) * MS 1 -39 wvvvv. dot. state . fl . u s RECYClEO PAPER Agenda Item No. 16B7 January 23, 2007 Page 4 of 5 MULTI -YEAR JOINT PARTICIPATION AGREEMENT NOTIFICATION OF FUNDING Fiscal Year 2006 /2007 Federal Transit Administration Section 5311 Public Transportation for Nonurbanized Areas Program Grant Award Contract Number: AM357 /Financial Management Number: 204722 -1 -84-25 In accordance with the terms of the Joint Participation Agreement between Collier County, 2705 (now 2885) South Horseshoe Drive, Naples, FL 34104 (Agency) (Address) and the Department, for Federal Transit Administration Section 5311 — (Program or Project Type) Public Transportation for Nonurbanized Areas Program funding identified by Contract Number AM357 and Financial Management Number 204722- 1- 84 -01, (Contract Number and/or Project Number) the Department has encumbered $184,150 using project Financial Management (Funding Amount) Number 204722- 1 -84 -25 for use beginning October 1, 2006. (Project. number with "25" as the last two digits for the new sequence number) Upon signature by the Agency's authorized signatory and receipt of this form by the Department, eligible project cost(s) may be incurred beginning on the first day of your fiscal year noted above. DEPARTMENT REPRESENTATIVE Terry Beacham Name Typed or Printed — ar•«ze /3 gn siature %— Date AGENCY REPRESENTATIVE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Agenda Item No. 16B7 January 23, 2007 Page 5 of 5 Fiscal Year 2006/2007 Federal Transit Administration Section 5311 Public Transportation for Nonurbanized Areas Program Grant Award Contract Number: AM357 / Financial Management Number: .204722-1-84-25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AM357 Contract Type: AH Method of Procurement: G Vendor Name: COLLIER COUNTY Vendor ID: VF596000558102 Beginning date of this Agmt: 01/31/03 Ending date of this Agmt: 03/31/08 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Description: 20472218401 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID -SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Action: SUPPLEMENTAL Funds have been: APPROVED 55 012020129 *PT *790004 2007 *55100100 S004 *00 TOTAL AMOUNT: *$ FUNDS APPROVED /REVIEWED FOR DATE: 09/19/2006 184150.00 *20472218425 *680 *20.509 *088774/07 25 *0005/04 184,150.00 * ROBIN M. NAITOVE, CPA, COMPTROLLER Agenda Item No. 1688 January 23, 2007 Page 1 of 9 EXECUTIVE SUMMARY Approve the purchase of 2.41 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved property which is required for the construction of a stormwater retention and treatment pond associated with the Oil Well Road widening project. CONSIDERATIONS: On April 25, 2006 the Board of County Commissioners approved Resolution No. 2006 -107 authorizing the acquisition by gift or purchase of property required for the construction of roadway, drainage and utility improvements to Oil Well Road (Project No. 60044) between Immokalee Road and Camp Keais Road. The subject property, parcel No. 137, contains 2.41 acres, and is required for the construction of a stormwater retention and treatment pond associated with the roadway improvements. Since the purchase price negotiated by staff with the record title holder, James L. Veite, Trustee Under The James F. Veite Revocable Living Trust Dated September 1, 2004, was in excess of $100,000, an independent real estate appraisal estimating the market value of the property was obtained in accordance with the requirements of Section 125.355, Florida Statutes. The sale price of $265,100 to which the property owner agreed, is based upon a unit value of $110,000 per acre. This unit value is well within the range of unit values derived from all of the 2006 comparable sale prices located within a five square mile area which comprises the project's "subject neighborhood." In all, 36 comparable sale properties were identified within this neighborhood with verified unit prices ranging from $43,000 per acre to $122,000 per acre. Three properties sold for between $43,000 and $48,250 per acre, and seven properties sold for between $100,900 and $122,000 per acre. The other 26 properties sold. for between $50,900 per acre and $99,125 an acre. For negotiation purposes, however, the most problematic sale happened to be the only sale located directly on Oil Well Road itself, that being the assemblage of over 22 acres at a unit price of $113,000 per acre in June 2006. The appraiser's estimate of the market value of the property at $216,900, based upon a unit value of $90,000 per acre, is not entirely relevant in the context of right -of -way acquisition where negotiations occur under the eventual threat of condemnation. In such cases, the real estate appraiser's estimate of market value is merely a tool to assist buyer and seller in negotiating a fair price for the loss of the property. Consider that several of the key components of the definition of "market value" do not apply in this context: (1) the owner is not necessarily (and usually is not) a willing seller; (2) there are no substitute properties that might satisfy the buyer's needs; (3) the owner has been denied the option of placing the property on the market so that it might bring the highest possible price (as opposed to the "most probable" price ... a part Agenda Item No. 1688 January 23, 2007 Page 2 of 9 of the definition of `market value'); and (4) both parties to the transaction are under duress, or an undue stimulus to act. In consideration of all these factors, and in order to give the property owner the benefit of any doubt as to the value of the property, and in view of the cost savings to the County by avoiding condemnation, staff recommends that the Board approve the purchase of the subject property for 5265,100. FISCAL IMPACT: Funds in the amount of $267,580 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $265,100 purchase price and $2,480 for the approximate cost of title insurance, closing fees and recording fees.) Source of Funds are Gas Taxes and Impact Fees, GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Joan M. Smith for Paul Young Attachment: Purchase Agreement Agenda Item No. 16B8 January 23, 2007 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1668 Item Summary: Approve the purchase of 2.41 (Parcel #137) acres of unimproved properly which is required for the construction of a stormwater retention and treatment pond for the Oit Well Road widening project. Project No 60044 (Fiscal Impact: $267,580) Meeting Date: 1123/20079: 00,00 AM Prepared By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 11412007 3:55:14 PM Approved By Michael Greene Project Manager Date Transportation Engineering & Transportation Services Construction Management 114/2007 4:27 PM Approved By Gary Putaansuu Senior Project Manager Date Transportation Engineering and Transportation Services Construction 1/4/2007 5:35 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1181200711:21 AM Approved By Najeh Ahmed Director Date Transportation Engineering & Transportation Services Construction Management 11812007 1:01 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 11912D07 3:54 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/912007 4:50 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. U10 12007 7:58 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/1012007 9:37 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/1012007 10:10 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 111612007 5:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1!1612007 5:27 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1116/2007 6:49 PM PROJECT: 60044 PARCEL No.: 137 FOLIO No.: 39897680002 PURCHASE AGREEMENT Agenda Item No. 16BS January 23, 2007 Page 4 of 9 THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this /:1 'day of -pecews er , 2006, by and between JAMES L. VEITE, TRUSTEE UNDER THE JAMES F. VEITE REVOCABLE LIVING TRUST DATED SEPTEMBER 1, 2004, , whose mailing address is 34435 Mills Rd., North Ridgeville, OH 44039 -1845, (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 in Exhibit "A" (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: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. Owner shall convey the Property to Purchaser for the sum of: $ 265,100.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 10 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, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owners remaining lands, costs to cure, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents "): (a) Warranty Deed; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; Purchase Agreement (d) W -9 Form; and Agenda Item No. 1688 January 23, 2007 Page 2 Page 5 of 9 (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. 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. 5. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. 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. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner 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, 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. Purchase Agreement Agenda Item No. 1668 January 23, 2007 Page 3 Page 6 of 9 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Properly. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the 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, Owner 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 physical condition of the Property or the governmental ordinances or laws governing same. (h) 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. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 8(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. Purchaser shall 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 distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for 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. Purchase Agreement Agenda Item No. 16138 January 23, 2007 Page 4 Page 7 of 9 11. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Owner. 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 Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 12. 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. 13. 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 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.) 14. Conveyance of the Property by Owner is contingent upon no other 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. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 15. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Agenda Item No. 1688 January 23, 2007 Page 5 Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this (34 day of 2006. Property acquisition approved by BCC pursuant to Resolution No. 2006 -107, dated April 25, 2006. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk AS TO OWNER: DATE a---? 12- -11-- 0 6 Wit (SignattScej' � Name (Print or Type) Witness (Signature) f4 A4'?I t L .�T�>J Name (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney sn4 coLE TA, Chairman IA S L. VETS TRUSTEE UNDER THE MES EITE REVOCABLE LI G RUST DATED SEPTEMBER 1, 2004. - � Y PROJECT NO. 60044 EXHIBIT, PROJECT PARCEL NO. 137 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI ) ALL OF TRACT 82, GOLDEN GATE ESTATES, UNIT 64, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Jan NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 111306 3:22 PM 1688 2007 9 of 9 Agenda Item No. 16B9 January 23, 2007 Page 1 of 9 EXECUTIVE SUMMARY Approve the purchase of 2.41 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved property which is required for the construction of a stormwater retention and treatment pond associated with the Oil Well Road widening project.. CONSIDERATIONS: On April 25, 2006 the Board of County Commissioners approved Resolution No. 2006 -107 authorizing the acquisition by gift or purchase of property required for the construction of roadway, drainage and utility improvements to Oil Well Road (Project No. 60044) between Immokalee Road and Camp Keais Road. The subject property, Parcel No. 139, contains 2.41 acres and is required for the construction of a stormwater retention and treatment pond associated with the roadway improvements. Since the purchase price negotiated by staff with the record title holder, Alonzo T. Harding, Jr. & Della M. Harding, his wife, was in excess of $100,000, an independent real estate appraisal estimating the market value of the property was obtained in accordance with the requirements of Section 125.355, Florida Statutes. The sale price of $265,100 to which the property owner agreed, is based upon a unit value of $110,000 per acre. This unit value is well within the range of unit values derived from all of the 2006 comparable sale prices located within a five square mile area which comprises the project's "subject neighborhood." In all, 36 comparable sale properties were identified within this neighborhood with verified unit prices ranging from $43,000 per acre to $122,000 per acre. Three properties sold for between. $43,000 and $48,250 per acre, and seven properties sold for between $100,900 and $122,000 per acre. The other 26 properties sold for between $50,900 per acre and $99,125 an acre. For negotiation purposes, however, the most problematic sale happened to be the only sale located directly on Oil Well Road itself, that being the assemblage of over 22 acres at a unit price of $113,000 per acre in June 2006. The appraiser's estimate of the market value of the property at $216,900, based upon a unit value of $90,000 per acre, is not entirely relevant in the context of right -of -way acquisition where negotiations occur under the eventual threat of condemnation. In such cases, the real estate appraiser's estimate of market value is merely a tool to assist buyer and seller in negotiating a fair price for the loss of the property. Consider that several of the key components of the definition of "market value" do not apply in this context: (1) the owner is not necessarily (and usually is not) a willing seller; (2) there are no substitute properties that might satisfy the buyer's needs; (3) the owner has been denied the option of placing the property on the market so that it might bring the highest possible price (as opposed to the "most probable" price ... a part Agenda Item No. 1689 January 23, 2007 Page 2 of 9 of the definition of `market value'); and (4) both parties to the transaction are under duress, or an undue stimulus to act. In consideration of all these factors, and in order to give the property owner the benefit of any doubt as to the value of the property, and in view of the cost savings to the County by avoiding condemnation, staff recommends that the Board approve the purchase of the subject property for $265,100. FISCAL IMPACT: Funds in the amount of $267,580 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $265,100 purchase price and $2,480 for the approximate cost of title insurance, closing fees and recording fees.) Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Joan M. Smith for Paul Young Attachment: Purchase Agreement PROJECT: 60044 PARCEL No.: 139 FOLIO Nos.: 39899080008 PURCHASE AGREEMENT Agenda Item No. 1669 January 23, 2007 Page 3 of 9 THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of , 2006, by and between ALONZO T. HARDING, JR. AND DELLA M. HARDING, HIS WIFE, as joint tenants with full rights of survivorship, whose mailing address is 120 E. Providence Rd., Aldan, PA 19108 -4127, (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 in Exhibit "A" (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: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. Owner shall convey the Property to Purchaser for the sum of: $ 265,100.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 10 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, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents "): (a) Warranty Deed; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; Purchase Agreement (d) W -9 Form; and .Agenda item No. 1689 January 23, 2007 Page 2 Page 4 of 9 (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. 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. 5. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 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. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner 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, 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. Purchase Agreement Agenda Item No. 16139 January 23, 2007 Page 3 Page 5 of 9 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the 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, Owner 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 physical condition of the Property or the governmental ordinances or laws governing same. (h) 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. 9. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph B(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. Purchaser shall 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 distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance- holder for 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. Purchase Agreement Agenda Item No. 1659 January 23, 2007 Page 4 Page 6 of 9 11. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Owner. 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 Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 12. 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. 13. 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 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.) 14. Conveyance of the Property by Owner is contingent upon no other 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. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 15. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Agenda Item No. 16139 January 23, 2007 Page 5 Page 7 of 9 IN .WITNESS WHEREOF, the parties hereto have executed this Agreement on this __LL day of l r- , 2006. Property acquisition approved by BCC pursuant to Resolution No. 2006 -107, dated April 25, 2006. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OWNER: DATED: Mness(Signat ) s( oe Name (Print or Type) ) Witness (Signature) 'i &c A'e 7 L, "o -47wi 'l, Name (Print or Type) W ness (Signature Name (Print r Type) Witness (Signature) L' k)AAb 4- 1,154,eDII-16 Name (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JIM coL=A, Chairman ALONZCYT. HARDING, JR. DELLA M. HARDING PROJECT NO. 60044 PROJECT PARCEL NO. 139 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 16B9 January 2 , 2007 Pag 8 of 9 ALL OF TRACT 95, UNIT 64, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 64, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. /YV-1 IV JC.ALC Collier County Transportation Engineering & Construction Management Department 12JO4106 4:19 PM Agenda Item No. 1689 January 23, 2007 Page 9 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1689 Item Summary: Approve the purchase of 2.41 acres (Parcel #139)of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Vvell Road widening project. Project No 60044 (Fiscal Impact:$2e7,58D) Meeting Date: 1/2312007 9:00.00 AM Prepared By Joan Smith Property Acquisition Specialist Date Administrative Services TECM -ROW 1/4/2007 4:56:59 PM Approved By Michael Greene Project Manager Date Transportation Engineering 8 Transportation Services Construction Management 11512007 8:17 AM Approved By Gary Putaansuu Senior Project Manager Date Transportation Engineering and Transportation Services Construction 11512007 2:58 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1812007 11:24 AM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 11812007 1:09 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/9/2007 9S5 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 11912007 3:54 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 119/2007 4:31 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1110;2007 9:45 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1!10!2007 10:11 AM Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 1/16/2007 5:03 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/16/2007 5:23 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111612007 6:56 PM Agenda Item No. 16B10 January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid #07 -4093 - "Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge Road)" to Hannula Landscaping Inc. in the amount of $856,950.03.(Fund 313, Project #600054). OBJECTIVE: Award Bid #07 -4093 — "Goodlette Frank (Golden Gate Parkway to Pine Ridge Road) Irrigation and Landscape Installation" to Hannula Landscaping Inc. CONSIDERATIONS: On November 14, 2006 the Purchasing Department sent out 63 notices for Bid #07- 4093" - "Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge Road) ". On December 4, 2006 a non - mandatory pre -bid meeting was held. On December 18, 2006 four (4) bids were received and opened (one was deemed non - responsive). Staff reviewed the unit pricing and recommends awarding the Bid #07 -4093 to the apparent, lowest, qualified bidder, Hannula Landscaping Inc. Staff recommends the award of Section I: General Project Items: Items 1 -3 ($25,650.00); Section II: Site Demolition, Preparation and Disposal, Items 1 -6 ($102,203.22); Section III: Installed Site Material, Items 1 -3 ($82,547.95); Section IV: Plant Material, Items 1 -21 ($267,572.26); Section V: Irrigation Materials, Items 1 -20 ($333,672.10) and 22 ($278.80); and Section VI: Alternates, Item 2 ($15,912.00), Item 7 ($29,113.70) in the amount of $856,950.03. There is adequate budget for contingency if necessary and direct county costs for permitting and tapping fees. _Company Total Bid 1. Hannula Landscaping $856,950.03 2. Landscape Service Professionals $869,844.65 3. Vila & Son $929,717.52 The project is scheduled to begin April 17, 2007 so that work will not impact lanes until after season ends. FISCAL IMPACT: There is adequate budget within the Goodlette Frank Road Landscape project 600054 to award the contract to Hannula Landscaping in the amount of $856,950.03. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #07- 4093 - "Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge Road)" to Hannula Landscaping, Inc. and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared By: Pamela J. Lulich, Landscape Operations Manager, ATM Department Attachments: Bid Tab #07 -4093 Agenda Item No. 16810 January 23, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16810 Item Summary: Recommendation to award Bid #07 -4093 - Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge Road) to Hannula Landscaping Inc. in the amount of $856,950.03. (Fund 313, Project #600054). Meeting Date: 1/23/2007 9:00:00 AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1/5/2007 10:04:36 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1/512007 10:04 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 115/2007 2:36 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 1/5/2007 3:24 PM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 1/8/2007 9:57 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1191200710:57 AM Approved By Steve Camell Purchasing /General Svcs Director Date Administrative Services Purchasing 1/9/2007 2:32 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/912007 4:32 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 119120D7 4:51 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/1012007 9:59 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/10/2007 10:12 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 1/16/2007 10:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1!1612007 5:21 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1612007 7:08 PM C) r` LO D � w. 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OBJECTIVE: Award Bid #07 -4073 "U.S. 41 North (Wiggins Pass to Collier County Line) Irrigation and Landscape Installation" to Hannula Landscaping Inc. CONSIDERATIONS: On October 9, 2006 the Purchasing Department sent out 63 notices for the U.S. 41 North (SR 45) Phase V (Wiggins Pass to Collier County Line) Irrigation and Landscape Installation. On October 26, 2006 a non - mandatory pre -bid meeting was held. On November 8, 2006 four (4) bids were opened. Staff reviewed the unit pricing and recommends awarding Bid #07 -4073 to the apparent, lowest, qualified bidder, Hannula Landscaping Inc. in the amount of $683,891.35 with 10% contingency of $68,389.13 for a total of $752,280.48. Direct County costs for permitting and tapping fees are estimated to total $33,981.52. Company Total Bid Hannula Landscaping $683,891.35 Vila & Son $717,795.39 Landscape Service Professionals, Inc. $747,470.70 Arazoza Brothers Corp. $828,529.79 The project is scheduled to begin April 17, 2007 so that work will not impact lanes until after season ends. FISCAL IMPACT: The revised budget for this project including contingency and direct County costs totals $786,262.00. Available budget within Landscaping Fund (112) project 600211 (Wiggins Pass to County Line) totals $548,800.00. In order to complete this project, a budget amendment in the amount of $273,462.00 will be necessary. The preferred amendment will move budgeted dollars from project 600241 (US 41 North — Immokalee to Wiggins Pass) to project 600211 (US 41 North — Wiggins Pass to County Line). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #07- 4073 to Hannula Landscaping Inc. for U.S. 41 North (SR 45) Phase V (Wiggins Pass to Collier County Line) Irrigation and Landscape Installation; authorize the Chairman to execute the standard contract after review by the County Attorney's Office and approve all necessary budget amendments. Prepared By: Pamela J. Lulich, Landscape Operations Manager, ATM Department Attachment: Bid Tab #07 -4073 Agenda Item No. 16B11 January 23, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16811 Item Summary: Recommendation to award Bid #07 -4073 US 41 Tamiami Trail North (SR 45) Phase V (Wiggins Pass to County Line) Irrigation and Landscape Installation to Hannue Landscaping Inc. in the amount of 5583.891.35 with 10% contingency of 568.38913 for a total of $752,280.48 (Project #600211). Meeting Date: 1/23/2007 9:00.00 AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1/9/2007 2:12:27 PM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1/9/2007 2:34 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/9/2007 3:16 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 1/9/2007 3:24 PM Approved By Gloria Herrera ManagementlBudget Analyst Date Transportation Services Stormwater Management 1/10/2007 8:30 AM Approved By Diane B. Flagg Director ATM Director Date r--• Transportation Services Alternative Transportation Modes 1/1012007 8:51 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1110/2007 8:55 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1!1012007 9:30 AM Approved By Steve Carnell Purchasiriq*eneral Svcs Director Date Administrative Services Purchasing 1110/2007 9:58 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/10/2007 10:01 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1710/2007 10:04 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1111!2007 2:00 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111512007 12:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/15/2007 2:19 PM Agenda Item No. 16811 January 23, 2007 Page 3 of 6 iACOLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Building Purchasing Department 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774 -8407 FAX: 239/530 -6697 Date: November 16, 2006 To: Pam Lulich, Project Manager, Purchasing Department From: Brenda Brilhart, Purchasing Agent, Purchasing Department Re: Bid 07 -4073 "US 41 Tamiami Trail North (SR 45) Phase V (Wiggins Pass to County Line) Irrigation and Landscape Installation" Enclosed please find a copy of the bids and tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid" or "See Note ", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent low bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 239/774 -8446. Recommended Awardee(s): arm O O O a so O LU LU W In r) a w wwwwwwww w W LL Ui Li W W ,z Ld uj co OD 03 Z iii cc . au n 0 a 0 n .2 Et c E m e 71.2 0 .2 E L) b Oka- W A 3 al A, 9L LL IEJ 0 a- E E tu Q'- 0 a . > 0 CLI a w B..E -q,6 Ne w It a . . 1; ? . 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N rn m r W a •- N M ^ N M V S N Agenda Item No. 16B12 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve budget amendments to re -align the Surveying, Underground Locates, and ROW Permitting Sections from Traffic Operations and Stormwater Management Departments to the Road and Bridge Department in the amount of $207,129. OBJECTIVE: To approve a budget amendment to re -align the Surveying, Underground Locates, and ROW Permitting Sections from Traffic Operations and Stormwater Management Departments to the Road and Bridge Department in the amount of $207,129. CONSIDERATIONS: The Right of Way Permitting, Surveying, and Underground Locates sections are being re- aligned within the Road and Bridge Department to better meet the needs of our customers. ROW Permitting and Surveying will be moved from the Stormwater Management Department and the Underground Locate services will be moved from the Traffic Operations Department. The total number of staff members being re- aligned will be 14, which includes (3) from the Surveying section, (4) from the underground locates section and (7) from the ROW Permitting section. The services that each of these sections provide are more in line with the types of services that are currently provided by our Road and Bridge Department. By re- aligning staff it will allow for locates out in the field to assist in enhancing inspections of ROW permitted projects. Additionally, then knowledge of ROW permitted projects helps them in providing the locate service. The ROW Permitting and Locate functions are assisted by enhanced communications with the Road and Bridge staff who are constantly in the field and available for assistance with peak work loads and identification of issues as they arise. The Survey staff work hand in hand with the Road and Bridge staff with restructuring swales and establishing positive flow grades for roadside swales and they will also assist Road and Bridge in setting both horizontal and vertical alignments with the Limerock Road Conversion Project. The budget amendment that is being requested represents the transfer of staff salaries and operating funds for these sections. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $10,000 from reserves to cover operating expenses for the Surveying section and $197,129 from the Traffic Operations operating budget to cover the salaries and operating for the locates section. The ROW Permitting budget is a stand alone budget and no budget amendments are needed to move the budget under the Road and Bridge Department. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the necessary budget amendments to realign Right of Way Permitting, Surveying, and the Underground Locates sections from Traffic Operations and Stormwater Management to the Road and Bridge Department. Prepared By. Sharon Newman, Transportation Operations Manager Attachment: Transportation Division Organizational Chart Agenda Item No. 16B12 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16812 Item Summary: Recommendation for the Board of County Commissioners to approve budget amendments to re -align the Surveying, Underground Locates, and ROW Permitting Sections from Traffic Operations and Stormwater Management Departments to the Road and Bridge Department in the amount of $207,129. Meeting Date: 1123120079 00 00 AM Approved By John Vliet Roads Maintenance Superintendant Date Transportation Services Road Maintenance IM/2007 7:51 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/812007 10:20 AM Approved By Rookmin Nauth ManagemenVBudget Analyst Date Transportation Engineering and Transportation Services Construction 1/8/2007 12:20 PM Approved By Robert W. Tipton; P.E. Traffic Operations Director Date Transportation Services Traffic Operations 11912007 1:02 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 119(2007 1:42 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/10/2007 10:25 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/10/2007 3:21 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 111212007 4:15 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111512007 12:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 1115/2007 2:45 PM N I— CO <— O 4— co O O CO N M T C7 O N �0) Z L LL E M C O Q z �¢ _ � o O< _ o c E L 1- Ila! I 3 Q ,f E 2 at A d �+ �s « m - & 2 � � y v _ � o O< _ o c E L 1- Ila! I 3 Q ,f E at �s s� �L N j = _ `5 C rt FD � Q n g at m $ V c c E t dtz - � O _5� - = _ `5 C rt FD � Q n g at c c E t dtz - � O - = _ `5 C rt FD � Q n g h O O N 05 at h O O N 05 Agenda Item No. 16813 January 23, 2007 Pagel of 26 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the Collier Area Transit Substance Abuse Policy. OBJECTIVE: To approve the Collier Area Transit Substance Abuse Policy. CONSIDERATION: Collier Area Transit (CAT) working with the Federal Transit Authority has developed and written the Substance Abuse Policy, which meets all Federal guidelines and requirements. A Board of County Commissioners approved policy must be in place and followed by CAT in order for Collier County to receive Federal Transit Authority Grants. The Substance Abuse Policy requires the Board of County Commissioners to approve, sign and date this document. The Substance Abuse Policy defines the Collier Area Transit's goals to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthier manner; (2) create a workplace environment free from the adverse effect of drug and alcohol abuse or misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; (4) encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affects their ability to perform their assigned duties. FISCAL IMPACT: Collier County must comply with Federal regulations and have an approved Substance Abuse Policy in place (with CAT following this policy) in order for Collier County to be the recipient of FTA grants. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Collier County Board of Commissioners approve the Collier Area Transit Substance Abuse Policy. Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes Attachment: Substance Abuse Policy Agenda Item No, 16813 January 23, 2007 Page 2 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16613 Item Summary: Recommendation to approve the Collier Area Transit Substance Abuse Policy. Meeting Date: 1/23/2007 9:00,00 AM Prepared By Sue Faulkner Principal Planner Date Transportation Services Alternative Transportation Modes 1(712007 5:50:35 PM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 1/812007 1:48 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/1012007 1:52 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 111012007 2:23 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1110,2007 4:12 PM Approved By Pat Lelinhard Executive Secretary Date Transportation Services Transportation Services Admin 111112007 8:04 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1111!2007 1:42 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/11/2007 2:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office VlU200710:41 AM Item No. 161313 Page 3 of 26 Collier Area Transit Substance Abuse Policy 1.0 Executive Director /General Manager Statement Collier Area Transit is dedicated to providing safe, dependable, and economical transportation services to its patrons. Collier Area Transit employees are a valuable resource and it is also our goal to provide a safe, healthy and satisfying working environment for employees. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthier manner; (2) create a workplace environment free from the adverse effect of drug and alcohol abuse or misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; (4) encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affects their ability to perform their assigned duties. This Substance Abuse Policy implemented a drug and alcohol- testing program for all safety- sensitive employees. Each employee shall be provided a signed copy of the adopted policy. This policy was approved by Collier Area Transit Board of Directors in January 2007 and is effective immediately. Name: ELIZABETH SUCHSLAND, GENERAL MANAGER Signature: 2.0 Background Pursuant to the Omnibus Transportation Employee Testing Act of 1991, the Federal Transit Administration (FTA) published regulation prohibiting drug use and alcohol misuse by transit employees and requiring transit agencies to test for prohibited drug use and alcohol misuse. Federal regulations 49 CFR part 655, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations" mandate urine drug testing and breath alcohol testing for all employees in safety sensitive positions. These regulations prohibit the performance of safety - sensitive functions when there is a positive drug or positive alcohol test result. In addition, the U.S. Department of Transportation (DOT) has issued 49 CFR Part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" to provide uniform procedures and standards for conducting drug and alcohol testing program. The drug and alcohol testing program of Collier Area Transit will be conducted in accordance with 49 CFR Parts 40 and 655, as amended. Collier Area Transit's policy is stricter than required by Federal Transit Administration / U.S. DOT regulations. Collier Area Transit's policy is zero tolerance, which means a positive urine drug test, and / or a positive breath alcohol test will result in immediate termination. 3.0 Purpose enda Item No. 16813 Page 4 of 26 This policy is established to comply with FTA drug and alcohol testing requirement to ensure employee fitness for duty, and to protect our employees, passengers, and the general public from the risk posed by the use of alcohol and prohibited drugs. This policy is also intended to comply with and incorporate Federal Regulation 49 CFR Part 29, "The Drug -Free Workplace Act of 1988 ", which requires the establishment of drug -free workplace policies and the reporting of certain drug- related offenses to the FTA, including the reporting of employees convicted of criminal drug offenses that occur in the workplace. 4.0 Policy Applicability 4.01 This policy applies to all safety- sensitive transit system employees as identified and described herein. Paid part-time employees, and contractors, when acting on the behalf of the transit system, are also covered by this policy when performing any transit related business. This policy applies to off -site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contractor employees are covered by this policy while on transit premises and acting on behalf of the transit system and shall not be permitted to conduct business if found to be in violation of this policy. This written policy shall be distributed to all employees in safety- sensitive positions. Each employee shall sign a Confirmation of Receipt form acknowledging receipt of a copy of the adopted policy and the regulation summary. All candidates for safety- sensitive positions must take and pass a pre- employment drug test prior to the first performance assignment of safety- sensitive functions. In addition, an employee who returns from an extended leave period of 90 days or more, and has been out of the random drug pool during that time, must take and pass pre - employment drug test prior to resuming safety - sensitive functions. 4.02 Employees who perform safety - sensitive functions shall be subject to drug and alcohol testing. A safety - sensitive function is an any duty or function related to the safe operation to transportation service including the operations, controlling or movement of a revenue service vehicle, dispatch and maintenance of a revenue service vehicle (whether or not the vehicle is in revenue service) and the operation of a vehicle requiring a Commercial Driver License. A list of safety- sensitive positions is attached to this policy. Participation in the drug and alcohol testing program is required and considered a condition of employment. The minimum annual percentage rate for random controlled substances testing shall be 25% of the average number of safety- sensitive employees. 4.02.1. In compliance with 49CFR Part 40.25, Collier Area Transit must make a good faith effort to obtain drug and alcohol testing records from prior DOT covered employer(s) for the previous two years for all applicants seeking safety- sensitive positions and all current employees transferring into a safety- sensitive position. Collier Area transit will require each applicant/transferee for a safety - sensitive functions position to complete a written consent that allows the release of drug and alcohol testing information from previous DOT covered employers to Collier Area Transit. An applicant/transferee who refuses to provide written consent will not be permitted to perform safety - sensitive functions for Collier Area Transit. 2 Item No. 16613 _., _ . Page 5 of 26 4.03 Covered Employees Safety- Sensitive Employees and Applications for Safety- Sensitive Positions Covered by this Policy include those: 1. Operating a revenue service vehicle, including when not in revenue service; 2. Operating a non - revenue service vehicle when such is required to be operated by a holder of a commercial drivers license; 3. Controlling dispatch or movement of a revenue service vehicle; 4. Maintaining a revenue service vehicle or equipment used in revenue service; 5. Authorized by NOT APPLICABLE to carry a firearm for security purposes; and/or 6. Direct supervisors of employees described in 1 -5 above who may perform any of the above safety sensitive functions. 4.03.1. The duties performed by employees have been reviewed by the Executive Director of Collier Area Transit to ensure that they fall within the safety- sensitive categories indicated in 49 CFR Part 655. The employee functions and position covered under this Policy include the job categories listed below. This list is subject to amendment at any time. 1. Revenue Vehicle Operation. 2. Revenue Vehicle & Equipment Maintenance, if an employee of the Transit System. 3. Revenue Vehicle Control/Dispatch. 4. CDL/Non- Revenue Vehicle. 5. Armed Security Personnel. 6. Any Supervisory Personnel or other employee acting in any of the above categories or functions. 5.0 Prohibited Substances Prohibited Substances addressed by this policy include the following: • Cocaine • Opiates (e.g., heroin, codeine) • Phencyclidine (PCP) • Marijuana • Amphetamines • Alcohol 5.1 Illegally Used Prohibited Substances and Misuse of Prescribed Drugs 3 a Item No. 161313 Page 6 of 26 Collier Area Transit shall test for the substance listed above in Section 5.0 Prohibited substance include those identified in Schedules I though V of Section 202 of the Controlled Substance Act (21 USC 812), and as further defined by 21 CFR Parts 1300.11 through 1300.15. This includes: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine. The misuse of legally prescribed drugs or the use of illegally obtained prescription drugs is also prohibited and shall be considered prohibited conduct. Use and ingestion of prohibited drugs is prohibited at all times. 5.2 Legal Drugs 5.2.1 The appropriate use of legally prescribed drugs and non - prescription medications are not prohibited. However, the use of any substance which carries a warning label that indicates the mental functioning, motor skill, or judgment may be adversely affected must be reported to supervisory personnel and medical advice should be sought, as appropriate, before performing work- related duties. 5.2.2 A legally prescribed drug means a prescription or other written approval from a physician for the use of a drug by an individual in the course of medical treatment. It must include the patient's name, the name of the substance, quality /amount to be taken, and the period of authorization. The misuse or abuse of legally prescribed drugs while performing safety - sensitive functions is prohibited. 5.3 Alcohol 5.3.1 Alcohol is a socially acceptable substance that is consumed throughout the world. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gathering. However, when consumed primarily for its physical and mood - altering effects, it is a substance of abuse. As a depressant it slows down physical functions and progressively impairs mental functions. 5.3.2 For the purposes of this policy, alcohol is defined as the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication containing alcohol. 49 CFR Part 655 authorizes alcohol testing and requires Collier Area Transit to take action on the finding, regardless of whether it was ingested as a beverage alcohol or in a medicinal or other preparation. 5.3.3 Some of the Health Hazards that may result from the chronic consumption of alcohol include • Decreased Sexual functioning • Dependency. • Fatal liver disease, cancer, kidney disease, pancreatitis and ulcers. • Spontaneous abortion, neonatal morality, and birth defects. 5.3.4 Social Issues associated with the chronic consumption of alcohol include: 0 a Item No. 16B13 Page 7 of 26 • Two - Thirds of all homicides are committed by people who drink prior to the crime • Two of three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on the weekends. • Two - Thirds of all American are involved in an alcohol related vehicle accident during their lifetimes. • The rate of separation and divorce in families with alcohol dependency problems is seven times the average. • Forty percent of family court cases are alcohol problem related. • Alcoholics are 15 time more likely to commit suicide than the other segments of the population. • More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents and 76 percent of private aircraft accidents are alcohol related. 5.3.5 Some of the Workplace Issues associated with chronic consumption of alcohol include: • It takes one hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. • Impairment in coordination and judgment can be objectively measured with a little as two drinks in the body • A person who is legally intoxicated is six times more likely to have an accident than a sober person. 6.0 Prohibited Conduct 6.0.1 In compliance with Collier Area Transit Personnel Rules and Regulations, FTA rules, and consistent with the "Drug Free Workplace Act of 1988 ", any employee is prohibited from engaging in the manufacture, distribution, dispensing, possession, or use of prohibited substances on transit property premises, in transit vehicles, in uniform, or while on transit business. Any of these actions or activities by an employee shall be considered prohibited conduct and the employee will be terminitated. No alcohol usage four hours before performing and while performing a safety sensitive function. 6.0.2 Law enforcement shall be notified, as appropriate, where criminal activity is suspected 6.1 Intoxication/Under the Influence 6.1.1 A safety- sensitive employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from safety sensitive job duties pending a reasonable suspicion investigation and verification, to be conducted per section 7.6. Employees found to be under the influence of prohibited substances or found to be misusing alcohol by means of a confirmed positive drug or alcohol test shall be immediately removed from safety sensitive job functions and 5 Item No. 16813 Page 8 of 26 referred to a substance abuse professional. A drug or alcohol test is considered positive if the individual is found to have quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. 6.1.2 It is the responsibility of all employees to report to their employer any impairment as a result of substance abuse. 6.2 Alcohol Use 6.2.1 No safety- sensitive employee shall report for duty or remain on duty requiring the performance of safety - sensitive functions while having an alcohol concentration of 0.02 or greater. If there is actual knowledge that an employee may be under the influence of alcohol while performing safety sensitive functions, pending a reasonable suspicion interview, conducted per section 7.6. No safety- sensitive employee shall use alcohol while performing safety - sensitive functions, within (4) four hours prior to performing a safety sensitive function, or during the hour that they are on call or standby for duty. No safety- sensitive employee shall use alcohol within eight (8) hours following an accident or until the employee undergoes a post- accident test, whichever occurs first. 6.2.2 Violation of these provisions, or a breath alcohol test result of 0.04 or greater, is prohibited and punishable by termination. 6.3 Compliance with Testing Requirements 6.3.1 All safety- sensitive employees will be subject to urine drug testing and breath alcohol testing. Any safety - sensitive employee who refuses to comply with a request for testing, who does not report to the collection site in the time allotted, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, shall be removed from duty immediately, their test result categorized as positive, and receive disciplinary action equal to that given for positive test result. Refusal can include an inability to provide a specimen or breath sample without a valid medical explanation, as well as failure to remain readily available for post accident testing, a verbal declaration, obstructive behavior; failure to report to a collection site in a timely fashion without a valid reason, (except in the case of a pre - employment test), or physical absence resulting in the inability to conduct the test, or failure to cooperate with any part of an observed or monitored collection, failure to undergo a medical examination, failure to take a second test when directed, failure to sign Step 2 of the Alcohol Testing Form. 6.3.2 Any urine drug test result reported as a "Negative Dilute" by the MRO, will require the employee to undergo a second collection. Should the second collection also result in a "Negative Dilute" sample, the second result shall be deemed final. 6.4 Treatment Requirements G enda Item No. 161313 Page 9 of 26 6.4.1 All employees are encouraged to make use of the available resources for treatment for alcohol and substance abuse problems. (See7.10) 6.4.2 Employees who test positive will be provided information and referral to a Substance Abuse Professional that has knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances - related disorders, and who meets the qualifications outlined in 49 CFR Part 40.281 Subpart O. 6.5 Notifying the Transit System of Criminal Drug Conviction 6.5.1 Any employee who fails to immediately notify Collier Area Transit of any criminal drug statute conviction, or a finding of guilt whether or not adjudication is withheld, or the entry into a diversionary program in lieu of prosecution, shall be subject to termination 6.6 Proper Application of the Policy 6.6.1 Collier Area Transit is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors /managers are required to use and apply all aspects of this policy in an unbiased and impartial manner 6.6.2 Any supervisor /manager who knowingly disregard the requirements of this policy, or who is found to deliberately misuse the policy regarding subordinates, shall be subject to disciplinary action up to and including termination. 6.7 Training 6.7.1 Supervisor who makes reasonable suspicion determinations shall receive at least 60 minutes of training on the physical, behavioral and performance indicators of probable drug use and 60 minutes on the physical, behavioral and behavioral and performance indicators of probable alcohol use. 6.7.2 Safety Sensitive employees shall be provided a minimum of 60 minutes of orientation and training on this policy and its implementation and on the adverse effects of drug and alcohol abuse on personal health, safety, and the work environment. 7.0 Testing for Prohibited Substances. 7.0.1 Analytical urine drug testing and breath testing for alcohol may be conducted when circumstance warrant or as required by Federal regulations. All safety- sensitive employees shall be subject to drug testing prior to employment, drug and/or alcohol testing for reasonable suspicion, and following an accident. In addition, all safety - sensitive employees shall be subject to drug and alcohol testing on a random, unannounced basis. 7.0.2 Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities, which have been approved by 7 enda Item No. 16B13 Page 10 of 26 the U.S. Department of Health and Human Services (DHHS). All testing will be conducted consistent with the procedures put fourth in 49 CFR Part 40, as amended. 7.0.3 The procedures that will be used to test for the presence of alcohol or a controlled substance shall be such that they protect the employee, the validity of the testing process, the validity of the test result, and ensure that those results are attributed to the correct employee. During the urine collection process, the urine specimen shall be examined to determine if the specimen may have been altered or substituted. Any urine specimen with a temperature outside of the range specified in 49 CFR Part 40 will result in a second collection, under direct observation. 7.0.4 Urine specimens will be tested for the presence of drugs. The drugs will be tested for those that are prohibited by FTA. They are: marijuana, cocaine, opiates, amphetamines, and phencyclidine. An initial drug screen will be conducted on each specimen. For those specimens that are not negative, a confirmatory Gas Chromatography /Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 40 CFR Part 40, as amended. 7.0.5 Split specimen collection procedures will be followed in obtaining specimens. An employee is entitled to request, within 72 hours of learning of verified positive test result, that the split specimen be tested at a different DHHS certified laboratory than that which conducted the test of the primary specimen. If the test result of the split specimen fails to reconfirm the presence of the drug or drug metabolite, the result shall be ruled "Canceled ". The procedures for the canceled tests, as outlined in49 CFR Part 40.187, will be followed. If the test result of the split specimen is positive, the test results shall be deemed positive. 7.0.6 Alcohol initial screening tests may be conducted by a National Highway Traffic Safety Administration ( NHTSA)- approved Evidential Breath Testing Device (EBT) or non - evidential alcohol screening device that has been approved by NHTSA. Confirmatory tests for alcohol concentration will be conducted utilizing a NHTSA approved EBT. A trained Breath Alcohol Technician (BAT) shall conduct alcohol screening tests. If the test indicates an alcohol concentration of greater than 0.02 but less than 0.04, it will result in removal from his/her position (8) eight hours unless a retest results in a concentration measures of less than 0.02. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. 7.0.7 Any safety- sensitive employee who has a confirmed positive drug or alcohol test will be removed from his/her position, and referred to a substance abuse professional. 7.0.8 Any safety- sensitive employee who fails to sign the certification at step 2 of the Alcohol Testing Form will constitute a refusal of alcohol testing. 7.0.9 Collier Area Transit affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. Handling of tests and confidentially shall be in conformance with 49 CFR Part 40, and as described below. Item No. 16813 Page 11 of 26 1. Except as required by law or expressly authorized in this section, Collier Area Transit shall not release employee information that is contained in records maintained per 49 CFR Section 655.71. 2. An employee is entitled, upon request, to obtain copies of any records pertaining to the employee's use of alcohol or controlled substances tests. Up to 10 pages will be provided free of copying charges. Collier Area Transit shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment of records other than those specifically requested. 3. Collier Area Transit shall release information regarding an employee's records as directed by the specific, written consent of the employee authorizing release of the information to an identified person. Release of such information is permitted only in accordance with terms of the employee's consent. 4. Records shall be made available to a subsequent employer upon receipt of a written request from an employee. 5. Collier Area Transit may disclose information required to be maintained under 49 CFR Part 655.73 pertaining to an employee /applicant, or the decision -maker in a lawsuit, grievance, or other proceeding initiated by or on behalf or such individuals, and arising from the results of an alcohol and/or controlled substance test administered under this part, or from the employer's determination that the employee engaged in conduct prohibited by the policy (including, but not limited to , a worker's compensation or other proceeding relating to a benefit sought by the employee). 6. Collier Area Transit shall make available, copies of all results of a requested alcohol and /or controlled substance testing conducted under this policy and any other information pertaining to this alcohol misuse and/or controlled substance use prevention program, when requested by the U.S. Secretary of Transportation, and any DOT agency, and all non - confidential /non - proprietary information, at cost, if requested by the employee /applicant. 7. When requested by the National Transportation Safety Board as part of an accident investigation, Collier Area transit shall disclose information related to its administration of a post- accident alcohol and /or controlled substance test administered following the accident under investigation. 7.1 Medical Review Officer's Role, Notifications and Employer Notifications to Employees /Applicants. 7.1.1 The designated Medical Review Officer (MRO) shall be licensed physician (doctor or medicine or osteopathy) with knowledge of drug disorders. Collier Area Transit shall use the Following MRO: Name of MRO: Natalie Hartenbaum, MD. M.P.H., F.A.C.O.E.M. Address: 1364 Welsh Road, Suite C -2 North Wales, PA 19454 -1913 E Item No. 16B13 Page 12 of 26 Phone Number: 1(800)- 732 -3784 7.1.2 The role of the MRO is to review and interpret confirmed positive test results obtained through the employer's testing program. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested Individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with DOT regulations. Additionally, the MRO cannot accept an assertion of consumption of a hemp food product as a basis for verifying confirmed marijuana (THC) test result as a negative. Consumption of hem food product is not to be considered a legitimate medical explanation for a prohibited substance or metabolite in an individual specimen. 7.1.3 The MRO may report to Collier Area Transit General Manager using any communications device, but in all instances, a signed, written notification must be forwarded to Collier Area Transit within two (2) business days of completion of the MRO's review of the test. The MRO's report shall clearly state the following: i . That the controlled substances test being reported was in accordance with 49 CFR Part 655.21, as amended. 2. The name of the individual for whom the test results are being reported. 3. The type of test indicated on the custody and control form (i.e., random, post accident, etc.). 4. The date and location of the test collection. 5. The identities of the persons or entities performing the collection, the laboratory analysis of the specimens and the MRO reviewing the specific test. 6. The verified results of a prohibited substance(s) test, either positive or negative, and if positive, the identity of the prohibited substance(s) for which the test was verified positive. 7.1.4 An employee shall be notified by the MRO of a laboratory confirmed positive test and conduct. A verification interview will be conducted with the employee by the MRO in accordance with 49 CFR Parts40.131, through 40.141 7.1.5 Collier Area Transit shall notify an employee /applicant of the results of a pre- employment controlled substance test conducted under this part, if the employee /applicant requests such results within 60 calendar days of being notified of the disposition of the employment application. Collier Area Transit shall notify an employee of the results of random, reasonable suspicion and post- accident tests for controlled substances or alcohol conducted under this part if the test results are verified positive. Collier Area Transit shall inform the individual which controlled substance or substances were verified as positive. 10 Item No. 161313 Page 13 of 26 7.1.6 Collier Area Transit shall, upon receipt of a negative - dilute result from the MRO, exercise the right to require that the employee /applicant submit to a secondary urine collection as outlined in 49 CFR Part 40.197. 7.2 Retention of Records and Release of Information 7.2.1 All dated records and notifications identified by individual will be maintained by the MRO for a minimum of five (5) years for verified positive controlled substance test results and canceled tests. 7.2.2 All dated records and notifications identified by individual will be maintained by the MRO for a minimum of five (5) years for negative controlled substance test results and canceled tests. 7.2.3 No person may obtain the individual controlled substance test results retained by Collier Area Transit or the MRO, and neither Collier Area Transit nor the MRO shall release the individual controlled substance test results of any employee to any person, except as provided in 7.0. 7.2.4 Collier Area Transit shall maintain all dated records and notifications identified by individual, fro a minimum of five (5) years for verified positive controlled substance test results. 7.2.5 Collier Area Transit shall maintain all dated records and notifications identified by individual for a minimum of five (5) years for negative controlled substance test results and any canceled test. 7.2.6 Collier Area Transit shall maintain all dated record and notifications identified by individual, for minimum of five (5) years for verified positive alcohol test results. 7.2.7 Collier Area Transit shall maintain all dated records and notifications identified by individual, for minimum of five (5) years fro negative alcohol test results and any canceled tests. 7.2.8 No person may obtain the individual alcohol test results retained by Collier Area Transit and Collier Area Transit shall not release the individual alcohol test results of any employee to any person, except as provided in 7.0. 7.2.9 Collier Area Transit will maintain copies of annual MIS reports submitted to FTA for a minimum of Five (5) years. 7.2.10 Collier Area Transit will maintain employee training records for minimum of two (2) years 11 Item No. 161313 Page 14 of 26 7.2.11. Collier Area Transit will maintain records that are obtained from previous employer for new hires for a minimum of three (3) years. 7.3 Notification of Alcohol Test Results 7.3.1 In accordance with provision of 49 CFR Part 40, as amended, the results of both the screening and confirmation of breath alcohol tests, as applicable, shall be displayed to the individual being tested immediately following the test(s). 7.3.2 The results will be transmitted by the breath alcohol technician to Collier Area Transit in a confidential manner, in writing, in person, by telephone or electronic means in accordance with 49 CFR Part 40, as amended. 7.4 Employee Protections 7.4.1 Collier Area Transit will undertake its best efforts to ensure that the foregoing provisions are strictly followed, thus protecting the dignity and privacy of employees /applicants: 1. Collier Area Transit recognizes that prevention, education and rehabilitation are the primary objectives of this Policy. Thus, Collier Area Transit shall not discharge or discipline an employee solely upon the basis of the employee voluntarily seeking treatment, while in the employment has not previously committed a violation of this Policy. 2. A list of treatment programs and substance abuse professionals located in the Collier Area Transit area are provided at the end of this Policy. The list provided as information for employees and to assist any employee with drug or alcohol related problems. 7.4.2 Collier Area Transit will provide all safety- sensitive employees sixty (60) minutes of training on use of controlled substances and alcohol misuse. This training shall be conducted pursuant to 49 CFR Part 655. 7.4.3 If an employee has tested positive in a controlled substance test, under this Policy, and has made a timely request to the MRO for a test of the split specimen, Collier Area Transit will ensure that the cost for the split specimen testing is covered, in order for a timely analysis of the samples. 7.4.4 A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the covered employee's use prohibited drugs, including any records pertaining to his or her drug tests. (Alcohol test results area presented to the employee upon the completion of the test). Collier Area Transit shall promptly provide the records requested by the employee. Access to a covered employee's record shall not be contingent upon payment for records other than those specifically requested. This right to record is the employee's unqualified right to review his/her drug and alcohol testing 12 da Item No. 161313 Page 15 of 26 records, to provide information to dispute the results, and to have access to any pertinent records, such as, equipment calibration records and records of laboratory certifications. 7.5 Pre - Employment Testing 7.5.1 All safety- sensitive position applicants shall undergo urine drug testing prior to employment. Receipt by Collier Area Transit of a negative test result is required prior to the first performance assignment of safety - sensitive functions and failure to pass the drug test will disqualify an applicant for employment. 7.5.2 In addition, an employee who returns from an extended leave period, of 90 consecutive days or more, must take and pass a pre - employment drug test prior to resuming or returning to a safety - sensitive function. Failure to pass the drug test shall result in termination. 7.5.3 All safety- sensitive applicants who have previously failed a DOT pre- employment test must provide proof that they have completed a Substance Abuse Professional's evaluation and treatment program in addition to their submission to a pre - employment drug test with negative results prior to their employment into a safety- sensitive job function. The credentials, training and education of the Substance Abuse Professional must meet or exceed the regulation 49 CFR Part 40 Subpart O. 7.6 Reasonable Suspicion Testing 7.6.1 All safety- sensitive employees may be subject to a fitness for duty evaluation, to include appropriate urine and/or breath testing when there are reasons to believe that there is prohibited drug use or alcohol use. A determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. The observations must be recent and a supervisor trained in detecting the signs and symptoms of drug use and who reasonably concludes that an employee may be adversely affected or impaired in his /her work performance due to prohibited substance abuse or alcohol misuse must be able to express clearly those observations. A Reasonable Suspicion Determination from will be used to document and record the employee's behavior, as witnessed by the supervisor. Examples of reasonable suspicion include, but are not limited to the following. 1. Overt signs and symptoms of impairment 2. The detectable odor of alcohol 3. Physical evidence of drug use, such as possession of drug paraphernalia 7.7 Post - Accident Testing 7.7.1 Fatal Accident: A safety- sensitive employee shall be required to undergo urine drug and breath alcohol testing if involved in an accident with a revenue service vehicle that results in fatality (regardless of whether the vehicle is in revenue service). Any other employee(s), which are on duty in the vehicle, and any other employee, ie: maintenance 13 enda item No. 16B13 Page 16 of 26 personnel, dispatcher, controllers, whose performance could have to the accident, unless the employee's performance can be completely discounted as a contributing factor to the accident, shall also be tested. As soon as practical following an accident involving the loss of human, surviving covered employee shall undergo drug and breath alcohol testing. Non -Fatal Accident: A post- accident test shall be conducted if an accident results in injuries requiring transportation to a medical treatment facility, or if one or more vehicles incur disabling damage that requires towing from a site, unless Collier Area Transit determines, using the best information available at the time of decision, that the employee's performance can be completely discounted as a contributing factor to the accident. Any other safety- sensitive employee whose performance could have contributed to the accident shall be tested. The decision regarding whether the employee's performance could have contributed to the accident will be made in the sole discretion of Collier Area Transit using the best information available at the time of the decision. 7.7.2 Following an accident, the employee must be "readily available" for testing. Post accident tests will be done as soon as possible, however in any case, all reasonable efforts shall be made to test the safety sensitive employee within (2) two hours of the accident, but not after eight (8) hours for alcohol testing and thirty two (32) hours for drug testing. Any safety- sensitive employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident or until the employee undergoes a post- accident alcohol test. Any safety - sensitive employee who leaves the scene of the accident without a justifiable reason or explanation prior to the requirement for drug and alcohol testing, shall be considered to have refused the test and the employee will be removed from safety sensitive duties and referred to a substance abuse professional. Employees tested under this provision might include not only the operations personnel, but also any other covered employees whose performance could have contributed to the accident. The post - accident testing requirements shall not delay necessary medical attention for injured persons, nor will they prohibit an employee who was performing a safety- sensitive function from leaving the scene of an employee who was performing a safety- sensitive function from leaving the scene of an accident to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Collier Area Transit shall document and maintain on file a record as to the reasons any required post - accident drug or alcohol test is not administered promptly according to the above criteria. 7.7.3 In the rare event that an employee is unable to submit to a post- accident test within the required time period (i.e. 8 hours for alcohol and 32 hours for drugs) due to circumstances beyond collier Area Transit control, the results of a blood, urine or breath alcohol test conducted by a federal, state or local official having independent authority for the test, will be considered to meet the requirements for a post- accident test. The test must conform to the applicable federal, state, or local testing requirements and the results must be obtained by Collier Area Transit. As per 49 CFR 655.44 7.8 Random Testing 14 Agenda Item No. 16B13 Page 17 W26 7.8.1 Employees in safety- sensitive position shall be subject to random, unannounced testing the minimum annual percentage rate for random alcohol testing shall be 10% of the average number of safety- sensitive employees. The minimum annual percentage rate for random controlled substance testing shall be 50% of the average number of safety - sensitive employees. 7.8.2 The dates for administering unannounced testing of randomly- selected covered employees shall be spread reasonably throughout the calendar year. Each covered employee who is notified of selection for random alcohol or drug testing shall immediately proceed to the test site. Alcohol testing shall be conducted only while an employee is performing a safety - sensitive function, before the employee is to perform a safety - sensitive function or just after the employee has performed a safety - sensitive function. The selection of employees for random alcohol and drug testing shall be made by a scientifically valid method. The selection process shall provide each covered employee an equal chance of being tested each time selections are made. Random testing shall be done quarterly utilizing a computer generated random list. A computer based random number generator that is fair and equitable for the covered employees shall derive the list. All employees shall have an equal chance of being selected. Tests shall be conducted throughout each quarter. If a supervisor is in the random selection pool and is responsible for generating or receiving the random list, or responsible for notifying employees selected by the random list, shall constitute as notification to the supervisor of random selection and that supervisor shall be readily available for testing and immediately proceed to the collection site for random testing 7.9 Return to Duty Testing Collier Area Transit's policy is stricter than required by Federal Transit Administration / U.S. DOT regulations. Collier Area Transit's policy is zero tolerance, which means a positive urine drug test, and / or a positive breath alcohol test will result in immediate termination. 7.9.1 Following a verified positive drug test result, an alcohol result of 0.02 or greater, a refusal to submit to a test or any other activity that violates the regulations, an employee is not permitted to return -to -duty to perform a safety - sensitive function until the following actions have been taken: Employee has been evaluated by a Substance Abuse Professional who meets the credentials, training and education requirements as outlined in 49 CFR Part 40 Subpart O. Employee has completed the course of treatment as prescribed by the Substance Abuse Professional. Employee has completed a return to duty urine drug test or breath alcohol test and the results have been reported as negative to Collier Area Transit (Reference 49 Part 655.46 and 40.285) 7.10 Following Up Testing 15 Item No. 161313 Page 18 of 26 Collier Area Transit's policy is stricter than required by Federal Transit Administration/ U.S. DOT regulations. Collier Area Transit's policy is zero tolerance, which means a positive urine drug test, and /or a positive breath alcohol test will result in immediate termination. 7.10.1 Once an employee in violation of the drug and alcohol policy has sought and completed a course of treatment as prescribed by a SAP, the employee shall be subject to unannounced follow -up testing for a least 12 but not more than 60 months. The frequency of the follow up testing will be recommended by the SAP as long as a minimum of six tests are performed during the first 12 months after the employee has returned to duty (reference 49 CFR Parts 655.47 and 40.301) 7.11 Canceled or Invalid Test 7.11.1 A drug test that has been declared invalid by the Medical Review officer, or canceled for other reasons shall be considered neither positive nor negative. A sample that has been rejected for testing by a laboratory is treated the same as a canceled test. For alcohol testing, a test that is deemed to be invalid per 49 CFR Part 40.267, shall be considered neither positive nor negative. 7.11.2 If a pre- employment drug test is canceled, the DER shall require the applicant to take another pre - employment drug test with a verified negative result. 7.11.3 If a split sample is tested, and the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is not available for testing or insufficient volume exists, the MRO shall report the result as a canceled test and reasons for it to Collier Area Transit and the employee. 8.0 System Contact Any employee with questions regarding this policy or any other aspect of Collier Area Transit drug -free and alcohol -free transit program should contact the following representative(s): Drug and Alcohol Program Manager Name: Elizabeth Suchsland, General Manager Address: 2901 County Barn Road, Naples, FL 34112 Phone: 239 -596 -7777 E -mail: ElizabethSuchsland @colliergov.net 16 Alternate Item No. 16813 Page 19 of 26 Name: Carlos Rivera, Superintendent of Fixed Route Operations Address: 2901 County Barn Road, Naples, FL 34112 Phone: 239 -596 -7777 E -mail: CarlosRivera@colliergov.net Substance Abuse Professional Southwest Florida Addiction Services 3949 Evans Avenue #202 Fort Myers, FL 33901 Contact: Julia Corbett 1- 239 - 278 -7435 National Hot -Line Number and Help Lines: 1- 800 - COCAINE The American Council on Alcoholism Help Line - 1- 800 -527 -5344 The National Institute on Drug Abuse Hot Line - 1- 800 - 622 -HELP Alcoholics Anonymous - 212- 686 -1100 17 a Item No. 161313 Page 20 of 26 Employee Acknowledgement and Agreement to Collier Area Transit Abuse Policy I have read and understanding this Substance Abuse Policy. I understand that violation of the Policy will result in removal from safety sensitive duties and possible discharge from employment. I acknowledge this Policy as a condition of employment and of continued employment with Collier Area Transit. Employee Name: Employee Signature: Date: Supervisor Name: Supervisor Signature: Date: enda Item No. 16813 Page 21 of 26 COLLIER AREA TRANSIT's Policy on prescription and over - the - counter medications applies to safety sensitive employees, and is in addition to COLLIER AREA TRANSIT's Policy on Substance Abuse and Alcohol Misuse. 1. Employee Responsibilities: 1. Employees are ultimately the best judge of how a substance affects them. As such, the employee has the responsibility to inform the prescribing physician or medical professional of performance altering side effects. Employees have the responsibility to inform the prescribing physician or medical professional that they perform safety sensitive functions that may include driving a passenger vehicle, and / or controlling the movement of buses. 2. Employees have the responsibility to read medication warning labels. 3. Employees have the responsibility to report prescription drugs and over the counter medications to COLLIER AREA TRANSIT. 4. Employees have the responsibility not to use any prescription medication not legally prescribed for the employee. 5. Employees have the responsibility not to use a prescribed or over the counter medication in excess of the prescribed dosage. 19 Item No. 16813 Page 22 of 26 6. Employees have the responsibility not to use any medication that adversely impacts the employee's ability to perform her or his safety sensitive job functions. 7. Employees have the responsibility to be aware that working in a safety sensitive function, while using a prescribed or over the counter drug that has endangered the employee, other employees, or the public, or has contributed to an accident, will lead to disciplinary action, including termination. 8. Employees have the responsibility to understand that if they are unable to work due to medications, they will be placed on sick leave. This sick leave will count as an occurrence. 11. Physician Statement / Reporting Procedures: 1. To report a prescribed medication, the employee's prescribing physician must read and sign the COLLIER AREA TRANSIT physician statement. Employees should bring the COLLIER AREA TRANSIT physician statement with them when they visit their doctor. This form must be returned to COLLIER AREA TRANSIT from the start of taking the medication. 2. To report an over the counter medication, employees should understand the following: Selecting an over - the - counter medication. It is the responsibility of safety- sensitive employees, when selecting an over - the - counter medication, to read all 20 Agenda Item No. 161313 Pa p, 23 of 26 warning labels before selecting it for use while in worKing status. Medications whose labels indicate they may affect mental functioning, motor skills or judgment should not be selected. The advice of a pharmacist, if available at the purchase site may be helpful in making a selection appropriate to the employee's job duties. If no alternate medication is available for the condition, employees should seek professional assistance from their pharmacist or physician. How the pharmacist or physician can assist with selection. The pharmacist has knowledge of a variety of medicines and medicinal ingredients and possible side effects, and may be able to offer guidance concerning alternative medicines available. The physician may be able to select an over - the - counter medication that will be effective without having the potential for negative impact. The physician may determine that no satisfactory over -the- counter remedy exists, and may prescribe a controlled medication listed above. 111. COLLIER AREA TRANSIT Contact: Any questions regarding this policy or any questions on COLLIER AREA TRANSIT's Substance Abuse Policy / Drug Free Workplace should be directed to the General Manager. IV. Statement of Confidentiality: Employees' physician statement will be kept on file. V. Side Effects of Drugs / Risks on Combining Prescribed Drugs and Over the Counter Medications: 21 Item No. 16613 . Page i4 of 26 Employees who experience side effects or do not feel fit for duty, regardless of medications, or previous approvals, must consult their personal physician and immediately refrain from performing hazardous activities, including driving, and working with machinery. Employees should discuss combining prescribed drugs with over the counter medications with their physician, or dentist, or other qualified medical professional. In these discussions, employees should inform the qualified medical professional of his / her job duties. Policy Approval 9/30/2004 Employee Name: Employee Signature: Date: Supervisor Name: Supervisor Signature: Date: 22 Agenda Item No. 16B13 January 23, 2007 Page 25 of 26 COLLIER AREA TRANSIT PHYSICIAN STATEMENT Please be advised, the COLLIER AREA TRANSIT employee listed below works in a position classified as safety- sensitive. This means this employee may work driving a passenger vehicle, or in a position to control the movements of a passenger vehicle, or performs mechanic work on a passenger vehicle, or may drive a passenger vehicle for road calls. Name: Will any medications prescribed impair the employee's job performance, including the ability to )erform the functions outlined above? Employee is released to return to work with no restrictions on Date K' Employee is released with the following restrictions from performing the duties outlined above, ncluding driving a Company vehicle: Physician or Medical Professional: (please print name and address) Physician's Signature or Medical Professional Date I, ' understand that I am responsible for working in a safety sensitive position unimpaired. Working at COLLIER AREA TRANSIT in a safety sensitive position, including driving Company vehicles while impaired due to prescription, or over the counter medications is a violation of COLLIER AREA TRANSIT policy, and will lead to immediate termination. Employee Signature 23 Date Agenda Item No. 16813 January 23, 2007 Page 26 of 26 Effective August 1, 2001, the U.S. Department of Transportation / Federal Transit Administration revised regulations 49 CFR Parts 40, and 655. Copies of 49 CFR Parts 40, and 655 are available upon request. COLLIER AREA TRANSIT's Drug Use and Alcohol Misuse Prevention Program incorporates these revisions as amended. The regulations can be obtained from the website at www.transit- safety.volve.dot.gov./drugalcholregupdates 24 Agenda Item No. 16614 January 23, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve one (1) Adopt -A -Road Program Agreement with two (2) recognition signs at a total cost of $150.00. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreement signed by the volunteer group of certain adopted roadway under the Collier County Adopt -A- Road program. CONSIDERATIONS: That the volunteer group so named be recognized as the sponsors of the particular segment of roadway named in the Agreement, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: The County is responsible for acquiring and erecting recognition signage at either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install two (2) new signs at a total cost of $150.00. Program expenses are budgeted in the Transportation Services Fund 101. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize the volunteer group: American Home Mortgage as the sponsor of the listed roadway and that the Board of County Commissioners authorize its Chairman to execute one (1) Agreement on behalf of Collier County. Prepared by: Erin M Hall, Administrative Secretary, Road & Bridge Maintenance Department Attachment: Agreement (1) Agenda Item No. 16814 January 23, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B14 Item Summary: Recommendation that the Board of County Commissioners approve one (1) Adapt -A -Road Program Agreement with two (2) roadway recognition signs at a total cost of $15000. Meeting Date: 1/23/2007 9:00 00 AM Prepared By Erin Hail Administrative Secretary Date Transportation Services Road Maintenance 111012007 8:22:53 AM Approved By John Wet Roads Maintenance Superintendant Date Transportation Services Read Maintenance 111012007 11:43 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 111012007 3:20 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1f1012007 4:10 PM Approved By Rookmin Nauth ManagementlBudget Analyst Date Transportation Engineering and Transportation Services Construction 1110/2007 4:27 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/11/2007 1:36 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin V1112007 2:02 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/1212007 3:33 PM Approved By Mark Isackson Budget Analyst Cate County Manager's Office Office of Management & Budget 1116;2007 10:01 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111612007 5:44 PM Agenda Item No. 16314 January 23, 2007 Page 3 of 6 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into thiF,.2 day of `j r 'n -:.� , 2007, by and between Collier County (hereinafter the "COUNTY "), and the VI61unteer gro , AMERICAN HOME MORTGAGE (hereinafter the "GROUP "), whose address is 12524 COLLIER BLVD., SUITE 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 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 NEW MARKET ROAD from SR 29 -A to N. 15'x' St. /SR 29 (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 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 -vvho 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. 16814 January 23, 2007 Page 4 of 6 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 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. 1) Agenda Item No. 161314 January 23, 2007 Page 5 of 6 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 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: 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 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 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. 2 Agenda Item No. 16614 January 23, 2007 Page 6 of 6 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: 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 W 1EREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: DWIGHT E. BROCK, Clerk wa Deputy Clerk Approved�as to form and legal su i Jeffrey A. jKlafzkow Assiltant ounty Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JIM COLETTA Chairman P AMERICAN HOME MORTGAGE By: '� Nam (print): Title (print): -� Phone # day): C 5 (C' Phone # (night ) n Agenda Item No. 16B15 January 23, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve the purchase of one fixed route bus to be operated by Collier Area Transit OBJECTIVE: To acquire approval to purchase one fixed -route transit bus and trolley decal wraps for Collier Area Transit (CAT). CONSIDERATION: Staff requests approval to purchase, through State contract, one Gillig heavy -duty transit bus from Gillig Corporation, Haywood California, at a total cost of approximately $335,326. We anticipate a delivery date in February of 2008. The bus will replace a bus that was damaged in a vehicle accident in December. A combination of FTA grant funds will be used including: • $129,127 will come from a 5309 Discretionary Grant, earmarked for bus, awarded July 16, 2006; • $102,986 will be provided from another 5309 Discretionary Grant, earmarked for bus, with pre -award spending authority. • The remaining $92,213 will be paid from the FY 06/07 FTA 5307 formula, $1,077,200, that is awarded for capital expenses and preventative maintenance; • $11,000 for trolley decal wrap will be paid from the FY 06/07 FTA 5307 formula grant. The cost of $324,326 for the bus includes installation of a radio through a State Contract with Communications International, Sole Source approval granted by the Board of County Commissioners, 9/14/99, Agenda Item No. 16.E.14. A trolley decal wrap by Stan Mitts /Trolley Illusions will also need to be purchased for the bus. The trolley wrap replicates that of current buses and is copyrighted by Stan Mitts, and hence this component of the project constitutes a sole source acquisition. The current cost for the trolley wrap is approximately $11,000. The bus is essential to replace the bus that was damaged in an accident in December 2006. We will receive a minimal insurance reimbursement estimated to be about $30,000. We want to move forward with the replacement bus in order to meet the demands of this service. FISCAL IMPACT: The total cost for each new bus with the trolley wrap is approximately $335,326. The purchase will be funded from grant monies. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve: (1) the purchase of one new transit bus through Gillig Corporation under Florida Public Transportation Association/Hartline Contract 2003- 07 -01; (2) approve and waive formal competition and authorize the purchase of the trolley decal wrap through Stan Mitts, who owns the copyright to these designs; and in approving this item, the BCC is providing authorization to approve all necessary budget amendments to receive and use these grant Agenda Item No. 16815 January 23, 2007 Page 2 of 6 dollars including those incremental grant dollars received above or below the target grant award. Prepared by: Sue Faulkner, Principal Planner, Department of Alternative Transportation Modes and Kay Luongo, Grants Coordinator Attachments: Bus Quote Agenda Item No. 161315 January 23, 2007 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16815 Item Summary: Recommendation to approve the purchase of one fixed route bus to be operated by Collier Principal Planner Area Transit. Meeting Date: 1123!2007 9:00:00 AM Prepared By Sue Faulkner Principal Planner Date Transportation Services Alternative Transportation Modes 117/2007 5:11:19 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 1/12/2007 1:34 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 111212007 2:14 PM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin lit 6/2007 4:20 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 111712007 8:26 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 1/171200710:23 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 111712007 10:48 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1(171200711:06 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/17/2007 1:09 PM Agenda item No. 16B15 January 23, 2007 Page 4 of 6 December 19, 2006 Elizabeth Suchsland General Manager Collier Area Transit 2901 County Barn Road Naples, FL 34112 DELIVERED VIA EMAIL Dear Liz: 1 would like to thank you for your continued interest in Gillig buses. Collier Area Transit has requested the purchase of four (4) twenty -nine foot (29') Low Floor buses using options available on the existing Florida State Consortium contract. I have enclosed a Price Summary Sheet that details the technical specifications of your requested order. Gillig is pleased to quote the following: 29' X 102" Low Floor Bus $324,326.04 each This price is valid through January 31, 2007 and is FOB Naples, FL. This price does not include any taxes or license fees. Any additional changes to the bus specifications can be made at the pre - production meeting that will be conducted a minimum of six (6) months prior to production start. If a Purchase Order for the full purchase amount is received by January 31, 2007 the buses will be scheduled for production in January 2008. Thank you for your continuing business and support. Sincerely, i� Sam Enochian Manager, Transit Bus Sales CCgPORATION PRICE SUMMARY, DECEMBER 19, 2006 COLLIER AREA TRANSIT, NAPLES, FL (4) 29 X 102 LOW FLOOR, SN: TBD ITEM FLORIDA CONSORTIUM 29FT LOW FLOOR BASE PRICE 2007 CUMMINS ISL 280HP ENGINE DIESEL PARTICULATE SOOT FILTER ALLISON B40OR TRANSMISSION 2 -WAY RADIO & ANTENNA, MAYCOM ORION D28MG1 HVAC - TK WITH RELIANCE BRUSHLESS MOTORS BIKE RACK - SPORTWORKS DL2 BRUSHED STAINLESS STEEL REAR DOOR CONTROL - FULL DRIVER PASSENGER WINDOWS - FULL FIXED, BONDED PASSENGER SEATS - AMSECO (28) METROPOLITAN DRIVERS SEAT - USSC 9100ALX WITHOUT HOLDSWORTH ADA RAMP - LIFT -U FOLD -OUT EXTERIOR MIRRORS - REMOTE CURBSIDE & STREETSIDE DESTINATION SIGNS - LUMINATOR FRONT & SIDE (NO RR) TIRES - GILLIG PURCHASED (NON- LEASED) JUMP START CONNECTOR - ANDERSON 350 FAREBOX - DIAMOND MODEL H WITH SPARE VAULT FIRE SUPPRESSION - AMEREX V25 AUXILIARY STOP ALERT SIGN EXTERIOR REAR YIELD SIGN ENGINE FUEL FILTER - DAVCO 382 PLEASURE RADIO - CD PLAYER & CHANGER CUSTOMER PAINT SPECIFICATIONS - 24" ROOF NUMBERS REAR ENGINE THROTTLE CONTROL (12) OVERHEAD GRAB STRAPS VIDEO SURVEILLANCE (4) BW CAM REI BUSWATCH CAT VARIANCES FLORIDA CONSORTIUM BASE PRICE DELIVERY CAT BASE PRICE Agenda Item No. 16B 15 January 23, 2007 Page 5 of 6 COST $239,097.00 $985.00 $8,750.00 INCL $3,825.00 $3,375.00 $930.00 $598.00 $1,850-00 ($391.00) $174.00 INCL $320.00 ($550.00) $2,404.00 $85.00 $1,388.00 $2,334.00 $406.00 $406.00 $320.00 $600.00 $1,200.00 $78.00 $140.00 $240.00 $3,850.00 $33,317.00 $239,097.00 $3,679.00 $276,093.00 Agenda Item No. 16C1 January 23, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the Henderson Creek Park water distribution system at a cost not to exceed $3,250, Project 710101. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District (District), accept Rights of Entry from property owners within the Henderson Creek Park Subdivision permitting the District to construct infrastructure improvements. The public purpose is to replace and rehabilitate the substandard water distribution system within the Henderson Creek Park Subdivision. CONSIDERATIONS: Pursuant to Resolution Number CWS- 82 -10, approved by the District on October 26, 1982, the District acquired the assets of Capri Water Works, Inc., which assets included the water distribution system within the Henderson Creek Park Subdivision. This system had been established in early 1968, and now requires replacement and rehabilitation in order to comply with the District's Utility Standards. To satisfy this requirement, water service lines and meters need to be re- routed and replaced on 117 of the approximately 177 lots within the Subdivision. To provide the District with the right to enter upon each lot for these purposes, ' Rights of Entry, in the form attached hereto, are to be secured from each lot owner by donation. Prior to recording in the public records, each Right of Entry will be reviewed and approved by the County Attorney's Office as to form and legal sufficiency. A Location Map depicting the Henderson Creek Park Subdivision is attached. FISCAL IMPACT: The total cost will not exceed $3,250 for recording the Rights of Entry. Funds in the amount of $3,250 are available in the FY 07 budget for this action in Project 710101. The FY 07 budget was approved by the Board of County Commissioners on September 21, 2006. Source of funds is Water User Fees. GROWTH MANAGEMENT: Projects funded with User Fees (412) have no impact on the Growth Management Plan. RECOMMENDATION: That the District: 1. Approve and accept the Rights of Entry; and Agenda Item No. 16C1 January 23, 2007 Page 2 of 6 EXECUTIVE SUMMARY Rights of Entry — Henderson Creek Park Page 2 2. Direct the County Manager or his designee to record the Rights of Entry in the Public Records of Collier County, Florida. PREPARED BY: Hans Russell, Sr. Property Acquisition Specialist Real Estate Services /Facilities Management Department Agenda Item No, 16C1 January 23, 2007 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 Item Summary: Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the Henderson Creek Park water distribution system at a cost not to exceed $3,250, Project 710101. Meeting Date: 1123/2007 9:00:00 AM Prepared By Hans Russell Senior Property Acquisition Specialist Date Administrative Services Facilities Management 12!20/2006 4:12:43 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 12/20/2006 4:51 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 12/2112006 10:04 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 1212112006 10:05 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12!22120061:23 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 12/2712006 9:15 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 12/27l2D06 11:49 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 12127!2006 4:15 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management 8 Budget 1!212007 6:55 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1!312007 9:19 AM Commissioners Henderson Creek Parcel No. Folio No. Agenda Item No. 16C1 January 23, 2007 D R A F T Page 4 of 6 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that [Name(s) of Grantor], whose mailing address is [ADDRESS], hereinafter known as "Grantor," for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter known as "Grantee," the temporary license and right to enter upon the lands of the Grantor to excavate and place or remove materials, including, but not limited to, water lines and pipes, and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, replacing, rehabilitating and testing utility facilities on the following described property: See attached Exhibit "A" which is incorporated herein by reference ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for two (2) years from date accepted by the Board of County Commissioners. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the aforementioned lands, and agrees to provide Grantor with advance notice when exercising its rights hereunder. At the conclusion of construction, replacement and testing activities, Grantee shall restore the surface of the lands to the condition existing prior to the commencement of construction, replacement and testing. By execution of this instrument, Grantor agrees that any and all utility infrastructure constructed on the property hereinabove referenced, with the exception of the water meter and any pipelines connecting said meter with Grantee's water distribution mains, shall become the property of Grantor, and all future maintenance and repair will be the responsibility of Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this day of 2007. [Insert Appropriate Standard Execution Blocks] Henderson Creek Parcel No. Folio No. EXHIBIT "A" [Insert complete legal description specific to property of Grantor] Agenda Item No. 16C1 January 23, 2007 Page 5 of 6 ._.. Agenda Item No. 16C2 January 23, 2007 EXECUTIVE SUMMARY Page 1 of 9 Recommendation to award Contract 07 -4071 Financial Consulting Services to Public Resources Management Group, Inc. (PRMG), in an estimated annual amount of approximately $300,000. OBJECTIVE: The public purpose is to procure Financial Consulting Services in an efficient and cost - effective manner to the benefit of rate payers. This contract will provide staff the accessibility to a stable and reliable source of Financial Consulting Services thus enabling a reliable, consistent, and timely source of adequate funding for capital projects and to establish appropriate user rates and impact fees. CONSIDERATIONS: Financial consulting services are utilized by Public Utilities for Impact Fee and User Rate studies. Use of the consultant provides the utility with broad expertise and legal nexus for appropriate setting of fee structures. In addition, the consultant is utilized for financial feasibility studies for the issue of revenue bonds. Other assignments include, but not limited to asset valuation of other utilities and financial evaluation of new capital programs. Request for Proposal (RFP) 07 -4071 was publicly advertised on October 5, 2006. Notices were sent to seventeen (17) firms with twenty (20) vendors requesting full packages. Three (3) responses were received on the due date of November 2, 2006. A Selection Comnttee Meeting was held on November 29, 2006. After review, ranking and discussion, by consensus of the Selection Committee members, PRMG was recommended for contract negotiations and subsequent award. FISCAL IMPACT: The funding for each assignment under the approved contracts will come from each user Department. It is anticipated that the Operations, Water, and Wastewater Departments will be the predominant users of this contract. Assignments are to be consistent with current Budget requirements, as approved by the Board on September 21, 2006 and future budgets as they are adopted. The anticipated individual assignments are to be consistent with the 2005 Wastewater and Water Master Plan Updates respectively, as adopted by the Board on June 6, 2006 and any subsequent Master Plan Updates. Sources of funds are anticipated to be Water Impact Fees (411), Water User Fees (412), Sewer Impact Fees (413), Sewer User Fees (414), and the County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: While this contract has no direct growth management impact, it is consistent with the County's long -term growth plans. RECOMMENDATION: That the Board of County Commissioners, as ex- officio the governing board of the Collier County Water -Sewer District, award Financial Consulting Services agreement to the Public Resources Management Group, Inc. and authorize the Chairman of the Board to sign the standard Agreement with the firm subsequent to County Attorney approval. PREPARED BY: Bala M. Sridhar, Senior Management & Budget Analyst, Public Utilities Operations Agenda Item No. 16C2 January 23. 2007 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 Item Summary: Recommendation to award Contract 07 -4071 Financial Consulting Services to Public Resources Management Group, Inc. (PRMGl, in an estimated annual amount of approximately $3D0.. 000. Meeting Date: 1/2312007 9:00:00 AM Prepared By Bala Sridhar Senior ManagementlBudget Analyst Date Public Utilities Public Utilities Operations 12127/2006 3:27:41 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 1212812006 7:56 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 12/28/2006 8:11 AM Approved By Steve Carneil Purchasing /General Svcs Director Date Administrative Services Purchasing 12/29!2006 11:39 AM Approved By James W. Del Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/2/2007 9:59 AM Approved By OME Coordinator Applications Analyst Date Administrative Services information Technology V912007 7:47 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11912007 9:57 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget VI S12007 11:35 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1115!2007 2x16 PM Commissioners Agenda Item No. 16C2 January 23, 2007 Page 3 of 9 A G R E E M E N T #07-4071 for Financial Consulting Services THIS AGREEMENT, made and entered into on this day of 2007, by and between Public Resources Management Group, Inc., authorized to do business in the State of Florida, whose business address is 341 North Maitland Avenue, Suite 300, Maitland, Florida 32751, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall be for a two (2) year period, commencing on the date of award by the Board of County Commissioners. The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all the terms and conditions contained in this Agreement for three (3) two (2) year extensions. The County shall give the Consultant written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide financial consulting services ( "Services ") in accordance with the terms and conditions of RFP #07 -4071 and the Consultant's proposal referred to herein and made an integral part of this agreement. 3. ESTIMATES OF WORK. Prior to issuing any purchase order pursuant to this Agreement, County shall request that the Consultant provide a proposal to carry out specific activities/ tasks. The cost proposal for each assignment shall be broken down by individual tasks, including allocation of personnel hours and a proposed schedule for completion of the task(s). Payment for tasks related to each assignment will be based on terms agreed to prior to the issuance of a purchase order, which may be lump sum, time and materials, or a combination of the two. Consultant shall supply such estimate to the County, based on Consultant's good faith analysis, within ten (10) business days of the request. Pricing shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and /or completion of services. Page 1 of 6 Agenda Item No. 16C2 January 23, 2007 Page 4 of 9 3. COMPENSATION. The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate proposal shall be based on the hourly rates set forth and identified in Schedule A which is attached hereto and made a part hereof, for the time reasonably expended by Consultant's personnel in performing the Services. The Rate Schedule may be updated by mutual agreement on the renewal date of the contract if Consultant so requests in writing. Assignments shall be made by purchase order based on Consultant's proposals. 4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following address: Robert J. Ori, President Public Resources Management Group, Inc. 341 North Maitland Avenue, Suite 300 Maitland, FL 32751 Telephone: 407- 628 -2600 Facsimile: 407 - 628 -2610 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell Telephone: 239 - 774 -8371 Facsimile: 239- 530 -6584 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 6. PERMITS; LICENSES; TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply Page 2 of 6 Agenda Item No. 16C2 January 23, 2007 Page 5 of 9 with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability: Coverage shall have minimum limits of $1,000,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of 6 Agenda Item No. 1602 January 23, 2007 Page 6 of 9 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subConsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. �- This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Operations Department. 13. CONFLICT OF INTEREST.: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate, and RFP #07 -4071 Scope of Services and other terms and conditions. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Page 4 of 6 Agenda Item No. 16C2 January 23, 2007 Page 7 of 9 Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 17. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES.: Collier County encourages and agrees to the Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the Consultant. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. VOLUME OF REQUIRED SERVICES. It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by County and that County does not represent or guarantee unto Consultant that any specific amount of Services will be requested or required of Consultant pursuant to this Agreement. IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) Page 5 of 6 HIM Chairman First Witness TType /print witness nameT Second Witness TType /print witness nameT Approved as to form and legal sufficiency: Assistant County Attorney Print Name Agenda Item No. 16C2 January 23, 2007 Page 8 of 9 Public Resources Management Group, Inc. Consultant Page 6 of 6 Signature Typed signature and title Schedule A Agenda Item No. 16C2 January 23, 2007 Page 9 of 9 Agreement #07 -4071 — Financial Consulting Services PUBLIC RESOURCES MANAGEMENT GROUP, INC. SCHEDULE OF DIRECT LABOR HOURLY RATES AND COST RATES DIRECT LABOR RATES Standard Rates Direct Labor Project Team Title Hourly Rates [ *] Principal $150.00 Associate $125.00 Executive Consultant $110.00 Managing Consultant $105.00 Supervising Consultant $ 95.00 Senior Consultant $ 85.00 Rate Consultant $ 75.00 Consultant $ 65.00 Rate Analyst $ 55.00 Analyst $ 45.00 Assistant Analyst $ 35.00 Administrative $ 45.00 STANDARD COST RATES Expense Description Standard Rates Mileage Allowance — Personal Car Use Only [2] IRS Standard Mileage Rate Reproduction (black and white) (in house) $0.05 per page Reproduction (color) (in house) $0.25 per page Reproduction (contracted) Actual Cost Computer Time $0.00 per hour Telephone Charges Actual Cost Delivery Charges Actual Cost Lodging/Other Travel Costs Actual Cost Meals [2] Not to exceed per PR-MG Employee Per County Reimbursement Policy Subconsultant Services Actual Cost plus 5.0% Other Costs for Services Rendered Actual Cost [2] Standard cost rates will be based on the County reimbursement policy or Florida Statute Section, I12.061, as appropriate, during the billing period referenced on the invoices for services. Amounts shown as example only. Agenda Item No. 16C3 January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to convey a Utility and Access Easement to the Water -Sewer District for the construction and maintenance of raw water pipelines, and access, on property owned by Collier County within the CR -951 Canal Corridor at an estimated cost not to exceed $18.50, Project Number 700661. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board) convey a Utility and Access Easement (Easement) to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District (District). The public purpose is to provide an easement required for the construction and maintenance of utility improvements and facilities for the Golden Gate Wellfield Improvement Project (Project). CONSIDERATIONS: The scope of work proposed for this action is consistent with the 2005 Update to the Water Master Plan as adopted by the Board on June 6, 2006, as Agenda Item 10 B. Approval of this Easement will further the process of providing a sustainable public water supply. The Project involves the construction and maintenance of public water supply wells on sites adjacent to and easterly of the CR -951 canal corridor that will provide a source of raw water to supply the North County Regional Water Treatment Plant (NCRWTP). The Easement will provide for access to the well sites and for underground raw water pipelines to connect the wells to the existing raw water transmission main along Weber Boulevard North, all as shown on the attached Location Map. Staff recommends that the Easement be conveyed at no cost to the District. The attached Easement has been reviewed and approved by the County Attorney's Office and by the Public Utilities Division. FISCAL IMPACT: The total cost will not exceed $18.50 for recording the Easement. Funds in the amount of $18.50 are available in the FY 07 budget for this action in Project Number 700661, Golden Gate Wellfield Improvements. The FY 07 budget was approved by the Board on September 21, 2006. Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: 1. That the Board approve, and authorize the Chairman to execute, the attached Utility and Access Easement; and That the District accept the attached Utility and Access Easement; and That the Board direct the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the Utility and Access Easement in the Public Records of Collier County, Florida. PREPARED BY: Gary Bigelow, Property Acquisition Specialist Real Estate Services/Facilities Management Department Agenda Item No. 16C3 January 23, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ' Item Number: 16C3 Item Summary: Recommendation to convey a Utility and Access Easement to the Water -Sewer District for the construction and maintenance of raw water pipelines, and access, on property owned by Collier County within the CR -951 Canal Corridor at an estimated cost not to exceed $18.50, Project Number 700661. Meeting Date: 1/23/2007 9:00:00 AM Prepared By Gary Bigelow Property Acquisition Specialist Date Administrative Services Facilities Management 112/2007 3:41 As PM Approved By Karen B. Guliani, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 113/2007 9:50 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/312007 5:08 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 1/412007 7:31 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1;512007 8:32 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations U512007 9:35 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/512007 4:30 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1!9/2007 7:47 AM Approved By Susan Usher Senior ManagertmentlBudget Analyst Date County Manager's Office Office of Management & Budget 119;2007 8:28 AM Approved By Micr.ael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111212007 4:50 PM Approved By James V. 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T'^'•.�}rl'PP'T`"'j } %�" �," g,4�, .s!}_�i PROJECT: GOLDEN GATE WELLFIELD IMPROVEMENTS PROJECT NO.: 700661 UTILITY AND ACCESS EASEMENT Agenda Item No, 16C3 January 23, 2007 Page 4 of 5 THIS EASEMENT, made and entered into this day of 2007, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred to as "Grantee ". WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement for utility and access purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, water lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility and access facilities thereon and adjacent thereto. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK ,Deputy Clerk Approved as to form and legal sufficiency: Efpeii T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Chairman ME—LSO �O O r N L7 C M O z N CY) LrtCB LL cz EC Q 0 N 4 U N N89'J 1'3J "E VANDERBILT BEACH ROAD ' ? Z o 55.00' O v NORTH LINE OF UNIT } V) W W W Yaws _ Q y _ zUd N Z 41 Q Uh am� Q Q « O b J Y � Ew Z tl H O Z Z o U~ U � Q o O o >o o e h� g m o o v o L u < ° U a 3 n1 o Z > Q d a ° 0 4 H W p lY U W �= o 3� V Z U W 0 3 N � 2 2 a Wal�'a zo�,azzo 0 0 o- W ► h 4 K � O O R ' ; LN W 2 CD _ rn 2 I -r z X� z A z� ui d3 w � Ito 2 e C W<� p0S a I� O c7 a Q�z u io � h O ZOO m q S N LINE SECTION 1 � a - u S 55.00' ' S39'31 '33"W SOUTH LINE OF UNIT 1 GOLDEN GATE BOULEVARD PER PLAT BOOK 4, PAGES 93 -94 8 o � W Agenda Item No. 16C4 January 23, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the acquisition of a 50 -foot by 60 -foot Utility Easement near the northwest corner of 481 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Number 700661. OBJECTIVE: The public purpose is to acquire a Utility Easement (Easement) for a well site to accommodate one new public water supply well to maintain the sustainability of the existing Golden Gate Wellfield. CONSIDERATIONS: Staff recommends approval and execution of the attached Easement Agreement between the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District (District), and Fern Roberson Schmidt (Property Owner) for the purchase of a 50 -foot by 60 -foot Easement in Golden Gate Estates. The Easement will accommodate one water supply well needed to maintain the sustainability of the existing Golden Gate Wellfield. The Easement is located in close proximity to an existing raw water transmission main along Weber Boulevard serving the North County Regional Water Treatment Plant (NCRWTP). A Location Map is attached. Real Estate Services' staff appraiser valued the Easement at $23,000. The Property Owner has agreed to sell the Easement to the District for $23,000. The results of an Environmental Site Assessment performed by the County's Pollution Control Department are favorable. The Easement Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Utility Easement will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. The scope of work proposed for this action is consistent with the 2005 Update to the Water Master Plan, as adopted by the Board of County Commissioners on June 6, 2006, as Agenda Item 10 B. Approval of the acquisition of the Easement will further the process of providing a sustainable public water supply. FISCAL IMPACT: The total cost should not exceed $24,500 ($23,000 for the Easement, $900 for the Environmental Site Assessment, and $600 for title commitment, title policy and recording of documents). Funds in the amount of $24,500 are available in the FY 07 budget for this action in Project 700661, Golden Gate Wellfield Improvements. The FY 07 budget was approved by the Board on September 21, 2006. Source of funds is Water User Fees (412). Agenda Item No, 16C4 January 23, 2007 Page 2 of 8 EXECUTIVE SUMMARY Purchase of 50 -foot by 60 -foot Easement at 481 Weber Boulevard North Page 2 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the District: 1. Approve the attached Easement Agreement and accept the Utility Easement once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 3. Authorize the Chairman to execute the Easement Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and Direct the County Manager or his designee to proceed to acquire the Easement, to follow all appropriate closing procedures, and to record the Easement, and any and all necessary documents to obtain clear title to the Easement, in the Public Records of Collier County, Florida. PREPARED BY: Gary Bigelow, Property Acquisition Specialist Real Estate Services / Facilities Management Department Agenda Item No. 16C4 January 23, 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C4 Item Summary: Recommendation to approve the acquisition of a 50 -toot by 60 -foot Utility Easement near the northwest corner of 481 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24.500, Project Number 700661. Meeting Date: 1/2312007 9:00:00 AM Prepared By Gary Bigelow Property Acquisition Specialist Date Administrative Services Facilities Management 11212007 3:44:24 PM Approved By Karen B. Guliani, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 1/312007 9:55 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/3/2007 5:25 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 114120077:31 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 115/2007 8:33 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 11512007 9:42 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 115/2007 4:30 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1!512007 7:51 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 11912907 8:25 AM Approved By Michael Smykowski Management S Budget Director Date County Manaaer s Office Office o` tanagement & Budget N1212007 11:56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111512007 2:38 PM Agenda Item No. if C4 January 23, 2U07 Page 4 f 8 PROJECT: Tamiami (Golden Gate) Wellfield Sustainability PROJECT NO.: 700661 FOLIO NO.: 36710560008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 1 2006, by and between FERN ROBERSON SCHMIDT, a single person, (hereinafter referred to as "Owner"), whose mailing address is 481 Weber Boulevard North, Naples, Florida, 34120 -1637, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non- exclusive Utility Easement for the purpose of utility facilities, and access, to, over, under, upon and across the lands described in Exhibit "A" (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: Owner shall convey the Property via a Utility Easement to Purchaser for the sum of Twenty-Three Thousand and no /100 Dollars ($23,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing "). Said payment shall be full compensation for the Property conveyed, including 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, including attorney's fees and costs as provided by Chapter 73, Florida Statutes. 2. 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, release or subordinate 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. 3. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 4. 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. 5. 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 County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, 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 EA -UE Easement Agreement Agenda Item No. 1 January 23, 2 Page 2 Page 5 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. 6. 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 Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage recorded against the land underlying the Property from the mortgagee. The cost of a title commitment shall be paid by Purchaser. 8. 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. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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. 10. This Agreement is governed and 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 2006. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk EA -UE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT BY: , Chairman Easement Agreement AS TO OWNER: DATED: 10? 11 0_ W n�iQnature) Name: Q (Print or Type) i ignature) Name: so— B . ►u (Print or Type) Approved as to form and legal sufficiency: 1 �Z Ellen . Chadwell � Assistant County Aft ey EA -UE Agenda Item No. 16C4 January 23, 2007 Page 3 Page 6 of 8 Lryv Fern Roberson Schmidt v r— a3 ti zN� a � E n � C m ca C Q Z 3 0 Q C9 to I� AVM 30 1HOIY 109 kl,80N '0/178 8383AM i I 1 I I l I O U � I U-) I O O W z U W W Z I Z x I u] Lmo U O O 2 O 00 09 W � O O r1 h Z O O h RE W3a � io Q W 00 JU li I O �O�W IW 4O mYppp G'Q W II� J 2 it WZLFWAW I O U O o 30 a �Q Z W f°vw o WbQ log ti `s Cy1 C S�Vf��'-�W pC •'i��22Q wOO U� O'2 CiOq�qO"�O WrC� 4p OyW,�pl5O p 3F It W ingmW O ti wa U a030 �¢¢NW�p��Zpyy wW O�- [Vpf �►- 00'50! -�-- M „OZ,ZC.00N NNVB !0 dol 31VWIX08,My AV44 .40 1HOla 7VNVJ .001 l56 'N'0 IIEIIHX3 Z In V O ?a I Y U O � b �4 a H� O� 4 g 6 o N a O o � o °a = R o 1 N g U g U u S N�rv.P �' k .. .t � ��'sr r 9.^ .x � i i � eye �'L.• •'. 1" 7i` � �P. •. tie 4 u i �4 0. � r» i Agenda Item No. 1605 January 23; 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and /or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the executes Satisfactions for the Agreement and /or Sewer System Impact Fees. Board acknowledges full payment, and To Extend Installment Payment of Water 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 "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $1,400.00 and sewer impact fee (Fund 413) by $830.00. The fiscal impact for recording the Satisfactions of Lien is approximately $28.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the, satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No. 16C5 January 23, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GC5 Item Summary: Recommendation to approve.. execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is 528.50 to record the Satisfactions of Lien. Meeting Date: 1/2312007 900:00 AM Prepared By Pam Cailis Revenue Supervisor Date Public Utilities UBCS 1/4/2007 9:40:46 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 11512007 9:44 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 115/2007 10:35 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 115/2007 10:36 AM Approved By Pam Cailis Revenue Supervisor Date Public Utilities UBCS 1/512007 12:26 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 115/2007 4:34 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/9/2007 7:48 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 119/2007 8:40 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111212007 4;00 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111312007 12:30 PM Agenda Item No. 16C5 January 23, 2007 Page 3 of 6 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail 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: EMILO VELAZQUEZ Whose mailing address is 17018 BLUE HERON DR. NAPLES, FL. 34114 Bearing the date of the 23RD day of September 1999, recorded in Official Record Book 2594 Page(s) 1149, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Four Hundred Dollars and No Cents ($1,400.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 20 51 27 COMM N1 /4 CNR SECT 20, S 1381.21FT, W 1113.63FT TO POB, W 60FT, S 135FT, E 60FT, N 135FT TO POB FOLIO NUMBER: 00766800007 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney 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 JIM COLETTA, CHAIRMAN Agenda Item No. 16C5 January 23, 2007 Page 4 of 6 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail 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: Silvio Barzaga and Locadicia Barzaga Whose mailing address is 281 Sugar Loaf Ln Naples, FI 34114 Bearing the date of the 7" day of September 1999, recorded in Official Record Book 2589 Page(s) 0938, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Eight Hundred Thirty Dollars and No Cents ($830.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 160. WEST WINND MOBILE HOME ESTATES. A CONDOMINIUM. AS MORE FULLY SHOWN IN THE OFFICIAL RECORD BOOK 630. PAGES 1883 THROUGH 1932. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS AND SURPLUSES ACCRUING TO SAID PROPERTY. TOGETHER WITH IMPROVEMENTS DESCRIBED AS: 1979 MANUFACTURE HOME DESCRIBED AS SKYS HS ID #01650260A 1979 MANUFACTURE HOME DESCRIBED AS SKYS HS ID #01650260B TOGETHER WITH ALL THE TENEMENTS. HEREDITAMENTS AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING. FOLIO NUMBER: 81626400003 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C5 January 23, 2007 Page 5 of 6 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 JIM COLETTA, CHAIRMAN County Attorney Agenda Item No. 16C5 January 23, 2007 Page 6 of 6 EXHIBIT "A" 1. Silvio Barzaga and Locadicia Barzaga, securing the principal balance of eight hundred thirty dollars and no cents ($830.00). Folio # 81626400003. 2. Emilo Velazquez, securing the principal balance of one thousand four hundred dollars and no cents ($1,400.00). Folio# 00766800007. EXECUTIVE SUMMARY Recommendation to approve, execute and of Lien for Sanitary Sewer System Impact Satisfaction of Lien. Agenda Item No. 16C6 January 23, 2007 Page 1 of 4 record a Satisfaction of a Notice of Claim Fee. Fiscal impact is $10.00 to record the OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water /Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this lien have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's Sewer Impact Fee (Fund 413) by $13,200.00. The fiscal impact for recording this Satisfaction of Claim 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: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No. 1606 January 23, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1606 Item Summary: Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is S10.00 to record the Satisfaction of Lien Meeting Date: 1/23120079:00 00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1/4/2007 9:42:05 AM Approved By Thomas W'des Operations Director Date Public Utilities Public Utilities Operations 115/2007 9:45 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 1/5/2007 10:35 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 1/512007 10:37 AM Approved By Pam Call's Revenue Supervisor Date Public Utilities UBCS 1/512007 12:27 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11512007 4:34 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 119/2007 7:49 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Off'cc Office of Management & Budget 119!2007 8:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10012007 7:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111012007 8:35 PM Agenda Item No. 16C6 January 23, 2007 Page 3 of 4 EXHIBIT «A9') 1. Herbert C. Pohlmann, securing the principal balance of thirteen thousand two hundred and no cents ($13,200.00). Folio #81780040008. Agenda Item No. 16C6 January 23, 2007 Page 4 of 4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Lien against: HERBERT C. POHLMANN 200 CUDDY COURT NAPLES, FL 33940 The Lien was recorded on the 13TH day of October 1994, in Official Record Book 1993, Page(s) 1808, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Thirteen Thousand Two Hundred Dollars and No Cents ($13,200.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRACT 1, OF THAT CERTAIN SUBDIVISION KNOWN AS WHITEHURST'S REPLAT, ACCORDING TO THE PLAT THEREOF ON FILE AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 5, PAGE 1, LESS THE SOUTH 10.34 FEET THEREOF, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1771, PAGE 1118 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 81780040008 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners 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 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY 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 JIM COLETTA, CHAIRMAN Agenda item No. 1607 January 23, 2007 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. Agenda Item No. 1607 January 23. 2007 Page 2 of 4 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C7 Item 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 1594 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is S20.00 to record the Satisfaction of Lien. Meeting Date: 1123/2007 9:00 00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1412007 9:39:11 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1/512007 9:48 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 161'2007 1037 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 11512007 10:37 AM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 11512007 12:28 PM Approved By James W. DeLony Public Utilities Administrator Date . -«-- Public Utilities Public Utilities Administration 115/2007 4:35 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11912007 7:49 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11912007 9:18 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 171012007 7:10 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1212007 10:49 AM Agenda Item No. 16C7 January 23, 2007 Page 3 of 4 RESOLUTION NO. 2007- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95 -475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95 -475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 2642 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2007, after motion, BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JIM COLETTA, CHAIRMAN This instrument prepared by Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C7 January 23, 2007 Page 4 of 4 Property Folio No: 00435160007 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: Johns, Seth 6950 Amity Rd Naples FL 339610000 The Lien was recorded on the 14`h 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: 23 50 26 SW1 /4 OF NE1 /4 OF NW1 /4 OF SW1 /4 2.5 AC OR 633 PG 270 Folio No. 00435160007 Project No. 64000 Account No. 2642 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney JIM COLETTA, CHAIRMAN Agenda Item No. 16C8 January 23, 2007 Page 1 of 8 EXECUTIVE SUMMARY Award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 074088, project 73050. OBJECTIVE: The public purpose of this project is to structurally restore and to eliminate extraneous flows to the sanitary sewers and manholes thereby enhancing the performance of the County's wastewater system. The action requested is to award annual contract agreements for trenchless sewer system rehabilitation contractors who will be utilized on an as needed basis. CONSIDERATIONS: The Public Utilities Division has a continuing need to perform sewer system rehabilitation for faulty sewer pipelines. In many locations pipelines are deteriorated and antiquated, therefore badly needing repair. The Division has had favorable experience with the trenchless technology method of repair, in lieu of conventional excavation and repair techniques. With trenchless technology, the whole sewer length from manhole to manhole is relined and service laterals reconnected. The trenchless sewer method achieves the goal of reducing groundwater infiltration, thus reducing unnecessary hydraulic loads on the County wastewater treatment plants which is inefficient and can reduce treatment capacities. The trenchless sewer rehabilitation method also reduces construction inconvenience to sewer customers and the public. Staff will identify projects requiring the applicable trenchless rehabilitation method and issue `^ work orders to initiate the project concurrent with procedural approval from the Purchasing Department. The bid documents were prepared for three different categories of trenchless sewer rehabilitation methods with a mandatory fourth category for common tasks applicable to all the three methods of trenchless sewer rehabilitation. A bidder was free to bid more than one category but would be evaluated on a category-by- category basis for lowest bid and the experience qualifications required as specified for each category. The three main categories are: 1) Category A: Cured -in -Place Pipe Lining Contractor. 2) Category B which is subdivided into two alternate materials: Fold - and -Form using HDPE Pipe Lining Contractor (B1) or Fold- and -Form using PVC Pipe Lining Contractor (132). 3) Category C: Pipe Bursting Contractor (This technique is used to locally burst the existing pipe in place and a new product pipe is simultaneously pulled in behind). An additional category, Category D was work common to all the three main trenchless rehabilitation categories. On November 22, 2006, two hundred twenty -three invitations to bid this project were issued of which twenty -one showed interest by requesting a package. On December 20, 2006, seven bids were received as follows from Williams Testing, Southeast Pipe Survey Inc., Reynolds Winer, American Infrastructure Corporation, Insituform Technologies, Inc., Miller Pipeline Corporation, and HERC Products, Inc. This is a similar response from the last bid, twenty -nine invitation where sent out and ten bids were received. The seven bidders bid on one or more of the three Agenda Item No. 16C8 January 23, 2007 Page 2 of 8 Categories A, B, and C, as indicated in the table below and the attached bid tabulation. Upon review of the seven bids, the following firms are being recommended for selection in each of the following three categories: Category A: Five bids were received of which American Infrastructure Corporation was the lowest qualified bidder followed closely by Miller Pipeline Corporation and Reynolds Inliner. Staff recommends awarding contracts to American Infrastructure as the primary contractor for the Cured -in -Place Pipe Contract with Miller Pipeline Corporation as the secondary contractor, and Reynolds Winer as an alternate. In the event the primary contractor is not available to do the work or does not meet the contract requirements, the secondary or the alternate contractor will be utilized. Category B: Three bids were received of which two utilized PVC (polyvinyl) pipe material and one utilized HDPE (high density polyethylene) fold- and -form pipe. Miller Pipeline Corporation utilizing PVC fold - and -form pipe was the lowest qualified bidder. Staff recommends awarding the Fold- and -Form Pipe Lining Using HDPE (B1) Contract to Reynolds Winer and the Fold -and- Form Pipe Lining Using PVC (B2) Contract to Miller Pipeline Corporation. Category C: One bid was received of which HERC Products, Inc. was the one and only qualified bidder. Staff recommends awarding the Pipe Bursting Contract to HERC Products, Inc. Bidder Bid Category (Unit Price Totals A B1 B2 C 1. Williams Testing of Qualified)- - - _ 2. Southeast Pipe Surve Inc $5,230.00 - - - 3. Reynolds Inliner $457.02 $390.02 - - 4. American Infrastructure Corporation $364.02 - - - 5. Insituform Technologies, Inc. $504.00 - - - 6. Miller Pipeline Corporation $428.50 - $382 - 7. HERC Products, Inc - - - $5,108 Categ2g D: Staff recommends awarding the work common to the entire main trenchless rehabilitation categories contract to all awarded bidders, American Infrastructure Corporation, Reynolds Inliner, Miller Pipeline Corporation, and HERC Products Inc. Staff recommends authorizing the Public Utilities Engineering Department Director to approve work orders as addressed within this summary. The contract period is for one year with three one -year renewal periods at the County's option. FISCAL IMPACT: The annual fiscal impact is planned to be $2,000,000. These funds are available in the FY07 Capital Budget approved by the Board of County Commissioners on September 21, 2006. Funds are budgeted in the Wastewater Department Cost Center for County Sewer Capital Projects under Fund 414. Agenda Item No. 16C8 January 23, 2007 Page 3 of 8 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public sanitary sewers and manholes. Sewer rehabilitation by trenchless methods is a project recommended in the 2005 Wastewater Master Plan adopted by the Board in June 6, 2006 as Agenda Item 10(B). RECOMMENDATION: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County Water -Sewer District, approve the recommended selection of the four firms, in Categories A American Infrastructure Corporation with Miller Pipeline Corporation as the secondary contractor, and Reynolds Inliner as an alternate, Reynolds Inliner in Category B1, Miller Pipeline Corporation in Category B2, and HERC Products, Inc. in Category C, as described above for annual trenchless sewer rehabilitation contracting services pursuant to Bid No. 07 -4088. PREPARED BY: James Sainvilus, Public Utilities Engineering Project Manager Agenda Item No. 16C8 January 23. 2007 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C8 Item Summary: Award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07 -4088, project 73050 Meeting Date: 1/23/2007 9.00:00 AM Prepared By James Sainvilus Engineering Tech Date Public Utilities Public Utilities Engineering 12118/2006 2:18:14 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 12127/2006 3:48 PM Approved By Roy B, Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 12/28/2006 3:34 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 12/29/2006 8:34 AM Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 114/2007 1:10 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 115/2007 8:41 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1/5/2007 8:49 AM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 1!512007 10:59 AM Approved By Ron Molly Operations Manager Date Public Utilities Wastewater 115/2007 11:07 AM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 118/2007 4:26 PM Approved By James W. Del-ony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/10/2007 12:14 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 111012007 3:17 PM Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 10612007 4:39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111612007 5:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1712007 9:13 AM 00 tiO3 U o — �p0t0 h > Z" m C i � C N 0 6 CO C Z p 0) 0 p O Q . 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V) c o 00 °o o° °o a ° rn N 69 to � 6n vi O N F 6 69 Cl) O) u) } } Z } E 7 F � O OC fl Q tY 4 C H ip e� t C L3 CL o y}'. 7 cm m y y E ip O a a m ° c d a E E E o d1 m a 5 c 4 c m a' a' a s w Q v m `v C- " m�E� �,� N R fD oD ,, N bA N N N N C C N= O N N L m m co m cc u c C w m m m m 4 m m 0 Z y y p po 0 0 0 0 0 0 0 0 c c o o O O O f fp N N M M I It W W N Q Q aw U N 2 O O O O O O O C C) C O O 1 10f7 O O L LO C Cl) O O � N V X X w w ? ?- O ~ Q Q d p m ° o m m m o o0 0 0 o m ° o 0 0 0 0 o r •y U C F � � p 0 0 O O O O O O O O O O G4 O O 7 O O N N 6 6D O OD N N G o } } } } Z Z r r `m m Agenda Item No. 161D1 January 23, 2007 Page 1 of 4 EXECUTIVE SUMMARY Approve an Interlocal Agreement with Everglades City for the one time contribution of up to $600,000 for refurbishment of the Everglades City Hall building damaged during hurricane Wilma. Objective: To provide financial support to Everglades City for the City Hall building repairs. Considerations: During the final Public Hearing on September 21, 2006 for fiscal year 2007 the BCC approved $600,000 for the repair of the Everglades City Hall which sustained substantial damage due to Hurricane Wilma and the buildings age. An agreement between the County and Everglades City is necessary for funds to be paid to Everglades City. The City will be providing invoices from which the County will reimburse the City for expenses relating to the City Hall project. Fiscal Impact: Funds are appropriated for fiscal year 2007 in the County Wide Capital Projects Fund (301) and a budget amendment is needed to transfer these monies into the Park Capital Projects Fund (306). Growth Management Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners approve the Interlocal Agreement with the Everglades City for the restoration of City Hall and to approve the necessary budget amendment. Prepared by: Raymond Carter, Manager -Park Operations Agenda Item ND. 16D1 January 23, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D1 Item Summary: Approve Agreement for funding in the amount of S600.000 towards costs of repairs of Everglades City Hall as approved by the Board on November 21. 2006 Meeting Date: 1;2312007 900:00 AM Prepared By Susan Capasso Operations Coordinator Date Public Services Parks and Recreation 11812007 2:23:49 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1!812007 2:27 PM Approved By Raymond Carter Operations Manager Date Public Services Parks and Recreation 11812007 3:16 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 1/8/2007 3:16 PM Approved By Tona Nelson Senior Admin Assistant Date Public Services Parks and Recreation 1!812007 3:16 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 11912007 1:41 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/1012007 10:13 AM Approved By Susan Capasso Operations Coordinator Date Public Services Parks and Recreation 1110120071:43 PM Approved By Susan Usher Senior ManagementlBudget Analyst pate County Manager's Office Office of Management S Budget 111612007 4:36 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management S Budget 1!16!2007 5:17 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1612007 5:43 PM Agenda Item No. 16D1 January 23; 2007 INTERLOCAL AGREEMENT FOR FUND SHARING: Page 3 of 4 EVERGLADES CITY HALL REPAIR THIS INTERLOCAL AGREEMENT, is entered into by and between Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County'); and the City of Everglades City, (hereinafter referred to as the "City "); WITNESSETH: WHEREAS, the Board of County Commissioners for Collier County has approved funding assistance to the City of Everglades City for the Everglades City Hall Repair Project; and WHEREAS, this funding is approved in the Fiscal Year 2007 budget for Collier County; NOW, THEREFORE, in consideration of the covenants contained herein, the County and the City hereby agrees as follows: Section 1. The County shall pay six hundred thousand dollars ($600,000) toward the costs of the Everglades City Hall Repair Project, payable as reimbursement to the City. Section 2. Improvements to the Everglades City Hall Repair Project are deemed to have a useful life of twenty (20) years. In the event that any of these obligations is violated, City shall refund to County the useful life remainder value of the facilities improvements based on twenty (20) year straight -line depreciation with no residual value. Section 3. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the last party to execute same. Section 4. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. DATE: ATTEST: DWIGHT E. BROCK, CLERK : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA IM Jim Coletta, Chairman Approved as to form and Legal sufficiency: Robert Zachary Assistant County Attorney Agenda Item No. 161D1 January 23, 2007 Page 4 of 4 ATTEST: CITY OF EVERGLADES CITY, A FLORIDA CITY CLERK MUNICIPAL CORPORATION ME, Approved as to form and Legal sufficiency: City Attorney BY Honorable S y Hamilton, Mayor DATE: /-[(0-017 Agenda Item No. 161D2 January 23, 2007 Pagel of 4 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A RESOLUTION DESIGNATING FEBRUARY 2007 AS DOMESTIC ANIMAL SERVICES SENIOR APPRECIATION MONTH AND PROVIDING SENIOR CITIZENS A $10.00 DISCOUNT FOR THE ADOPTION OF DOGS AND CATS DURING THAT MONTH. OBJECTIVE: Board authorization to designate February 2007 as Domestic Animal Services Senior Appreciation Month along with authorization to provide a $10.00 discount to Collier County senior citizens for the adoption of dogs and cats during February 2007. CONSIDERATIONS: Recognizing the important contributions of senior citizens to our community, the Public Services Division has designated February 2007 as Senior Appreciation Month. Through the combined efforts of its departments including Parks & Recreation, Extension Services, Museum, Library, Domestic Animal Services, and Human Services as well as the Collier County Health Department, the Public Services Division will be focusing on outreach programs for senior citizens including the planning and implementation of Collier County's Senior Expo Event to be held on February 14, 2007. As part of Domestic Animal Services' commitment to participate in this event and recognize our senior citizens, the Department is offering a $10.00 discount to Collier County senior citizens 55 years of age and over who adopt dogs or cats during February 2007. FISCAL IMPACT: County Ordinance Chapter 14, Article I1, Section 14 -33, (a)(3 & 4) provides for an adoption fee of $20.00 for dogs and cats. The total adoption cost is $58.00 for dogs and $48.00 for cats which includes the spay /neuter fee and license fee. Approval of the proposed resolution will result in a $10.00 discount to the total adoption cost of dogs and cats for Collier County citizens, 55 years of age and over who adopts a dog or cat during February 2007. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt and execute a resolution designating February 2007 as Domestic Animal Services Senior Appreciation Month and providing for a discount of $10.00 to Collier County senior citizens 55 years of age and over for the total adoption costs of dogs and cats during February 2007. PREPARED BY: Margo Castorena, Domestic Animal Services Director Agenda Item No. 161D2 January 23, 2007 RESOLUTION NO. 2007 - Page 2 of 4 A RESOLUTION DESIGNATING FEBRUARY 2007 AS DOMESTIC ANIMAL SERVICES SENIOR APPRECIATION MONTH AND PROVIDING FOR A FEE REDUCTION OF $10.00 TO SENIOR CITIZENS ON THE ADOPTION OF DOGS AND CATS DURING THAT MONTH. WHEREAS, recognizing the significant and vital contribution that our senior citizens make to this community; the Public Services Division has designated February 2007 as Senior Appreciation month; and WHEREAS, through the combined efforts of its departments including Parks & Recreation, Extension Services, Museum, Library, Domestic Animal Services, and Human Services as well as that of the Collier County Health Department, the Public Services Division will be focusing on outreach programs for that segment of our population including the planning and implementation of Collier County's Senior Expo Event to be held on February 14, 2007; and WHEREAS, as part of Domestic Animal Services' commitment to recognize our seniors and to participate in this event, the Department is offering a $10.00 discount to Collier County senior citizens 55 years of age and over who adopt dogs or cats during the month of February 2007 ; and WHEREAS, pursuant to County Ordinance Chapter 14, Article 11, Section 14 -33, (a)(3 & 4), the adoption fee for dogs is $58.00 and the adoptions fee for cats is $48 .00, which includes the spay /neuter fee and license fee, will be discounted by $10.00 for seniors citizens during the month of February 2007 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that February 2007 is designated as Domestic Animal Services Senior Appreciation Month. Agenda Item No, 16D2 January 23, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D2 Item Summary: Recommendation to Approve a Resolution Designating February 2007 as Domestic Animal Services Senior Appreciation Month and Providing Senior Citizens a $10.00 Discount for the Adoption of Dogs and Cats During that Month. Meeting Date: 1123(22007 9.00:00 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/8/2007 4:00 PM Approved By Margo Castorena Director Date Public Services Domestic Animal Services 1!8!2007 4:08 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/912007 7:53 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/10/2007 2:38 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111512007 11:34 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 1115/2007 2:54 PM Agenda Item No. 161D3 January 23, 2007 EXECUTIVE SUMMARY Page 1 of 25 Recommendation to accept Grant Agreement #06174 from the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program (FBIP) Grant to fund the Collier County Boater Education Project in the amount of $14,000. Approve Budget Amendments to recognize grant funds and transfer previously recognized match/ "seed" money in the amount of $8,000 from Cedar Bay Marina. OBJECTIVE: To receive acceptance of a grant agreement from the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program (FBIP) Grant to fund the Collier County Boater Education Project in the amount of $14,000. Approve Budget Amendments to recognize grant funds and transfer previously recognized match/ "seed" money in the amount of $8,000 from Cedar Bay Marina from University Extension Trust Fund (604). CONSIDERATIONS: The Marine Resource Conservation Partnership of Collier County (MRCP - CC) is a diverse group of private and government representatives seeking to balance boater access and environmental protection in Collier County through partnerships and education. At the urging of the MRCP -CC, on October 24, 2006, the Board of County Commissioners approved submittal of a grant application to the Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program to fund the Collier County Boater Education Project, a multi- phased boater education program with the goal of empowering Collier County resident and visitor boaters to practice sustainable boating behaviors. On November 14, 2006 the application review committee awarded the project full funding in the amount of $14,000. Funds will be used to support the creation of a portable "green boating" education exhibit as well as costs to cover workshop registration and travel expenses associated with ongoing program development. As a governmental agency, Collier County was eligible to submit the application to the Florida Fish and Wildlife Conservation Commission and will serve as the grantee. FISCAL IMPACT: Grant revenue in the amount of $14,000 will be recognized via budget amendment in Miscellaneous Grant Fund (116). Collier County was not required to provide a cash match, however a non -cash match of $3,360 in the form of project management will be provided. A private contribution in the amount of $8,000 was committed to the project from Cedar Bay Marina, a member of the MRCP -CC, and was recognized via budget amendment on October 24, 2006. Now that the grant has been awarded, the match money must be transferred from the University Extension Trust Fund (604), via budget amendment, to the same Miscellaneous Grant Fund (116). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan as a result of this grant. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the grant award agreement. RECOMMENDATION: That the Board of County Commissioners accept Grant Agreement #06174 from the Florida Fish and Wildlife Conservation Commission for the Florida Boating .,.. Improvement Program (FBIP) Grant to fund the Collier County Boater Education Project in the amount of $14,000 and approve Budget Amendments to recognize grant funds and transfer previously recognized match/ "seed" money in the amount of $8,000 from University Extension Trust (604) as provided by Cedar Bay Marina. PREPARED BY: Bryan Fluech, Sea Grant Coordinator, University Extension Services Agenda Item No. 16D3 January 23, 2007 Page 2 of 25 FWC Contract No. 06174 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399 -1600, hereafter "COMMISSION," and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3301 Tamiami Trail E, Naples, Florida 34112, hereafter "GRANTEE" to conduct a project entitled Collier County Boater Education Project, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program." NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: SCOPE OF SERVICES 1. The GRANTEE shall complete and implement the project proposal as described in Attachment A, Florida Boating Improvement Program (FBIP) Grant Application No. 06 -072, attached hereto and made a part hereof. All project activities must be completed during the time span provided herein for that portion of the Agreement. 2. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in termination of the Agreement by the COMMISSION. - 3. If applicable, all engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. 4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including any construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 5. Any study, brochures, training materials, reports or other documents produced by the GRANTEE as part of the project, Collier County Boater Education Project, shall acknowledge the Florida Fish & Wildlife Conservation Commission, Florida Boating Improvement Program as a source of funding. In addition, the GRANTEE shall include such acknowledgement in any publicity related to the Agreement. 6. Upon completion of the project, the GRANTEE'S Project Manager, or other appropriate professional for the GRANTEE, shall sign a Certification of Completion form, provided by the COMMISSION, that certifies the Project was completed in accordance with the project proposal, Attachment A, and this Agreement. 7. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the COMMISSION's Program Administrator by the 151h of each month until the Certification of Completion is submitted. 8. Any study, brochures, training materials or reports produced by the GRANTEE shall be provided to the COMMISSION for approval prior to final printing and submission for payment. Further, at least 21 days prior to printing the COMMISSION shall review and approve all proposed publications that will be funded by this Agreement to ensure that environmental and boating safety issues are effectively addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed Page 1 of 8 Agenda item No. 16D3 January 23, 2007 Page 3 of 25 material prior to its release from the printing vendor. The GRANTEE agrees to inform the COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise this option. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any sub - grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 10. The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. 11. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. GRANTEE ELIGIBILITY 12. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. The GRANTEE is responsible for ensuring that all subcontractors are licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. 13. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good -faith performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S., and all other applicable rules and laws. TERM OF AGREEMENT 14. This Agreement shall begin upon execution by both parties and end June 30, 2007, inclusive. However, the GRANTEE shall complete the Project as described in Attachment A on or before June 1, 2007. The GRANTEE shall be eligible for reimbursement for tasks stipulated in Attachment A occurring prior to full execution of the Agreement. The GRANTEE shall not be eligible for reimbursement for any other costs incurred or services rendered prior to the execution date of this Agreement nor for any costs incurred or services rendered after the termination date of the Agreement. 15. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shall result in termination of this Agreement. COMPENSATION 16. For satisfactory completion of the project as described in Attachment A, Project Proposal, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $14,000.00. Page 2 of 8 Agenda Item No. 16D3 January 23, 2007 Page 4 of 25 17. As indicated in FBIP Grant Application #06 -072, the GRANTEE has agreed to provide 45% of the estimated total project cost. If the actual cost of the project is less than the estimated total project cost, compensation by the COMMISSION shall be 55% of the actual total project cost. PAYMENTS 18. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final invoice, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within 10 days after completion of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FEID) Number and should be in a format similar to Attachment F, sample invoice form. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 19. Program funds shall be disbursed to the GRANTEE only after final completion of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION will not pre - approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 20. Travel expenses shall be compensated on a cost reimbursement basis in accordance with Section 112.061, Florida Statutes, and the rules and other requirements of the Department of Financial Services. 21. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and made a part hereof as Attachment B. 22. The COMMISSION shall have 30 working days to inspect and approve goods and services. 23. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 24. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 25. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize Federal funds for payments under this Agreement. In the event Federal funds become available for such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be amended to include applicable Federal Requirements. 26. Invoices, including backup documentation, shall be submitted to: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399 -1600 Page 3 of 8 Agenda Item No. 16D3 January 23. 2007 Page 5 of 26 TERMINATION 27. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 28. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all property belonging to the COMMISSION. For the purposes of this section, property belonging to the COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the COMMISSION. TAXES 29. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. NOTICE 30. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Collier County BOCC 300 Tower Road Naples, FL 34113 Phone: (239) 417 -6310, ext. 225 Fax: (239) 417 -6315 Attn: Bryan Fluech, Project Manager AMENDMENT OR MODIFICATION Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399 -1600 Phone: (850) 488 -5600 Fax: (850) 488 -9284 Attn: Susanna Stephens, Program Administrator 31. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 32. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 33. The GRANTEE shall perform as an independent contractor and not as an agent, representative, or employee of the COMMISSION. 34. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 35. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 36. To the extent required by law, the GRANTEE will either be self- insured for Worker's Compensation Page 4 of 8 Agenda Item No. 161D3 January 23, 2007 Page 6 of 25 claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 37. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 38. The GRANTEE warrants and represents that it is insured or self- funded for liability insurance, appropriate and allowable under Florida law, and that such self - insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119 FLORIDA STATUTES 39. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE 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 by the GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 40. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 41. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON - DISCRIMINATION 42. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Page 5 of 8 Agenda Item No. 161D3 January 23, 2007 Page 7 of 25 PROHIBITION OF DISCRIMINATORY VENDORS 43. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. NON - ASSIGNMENT 44. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 45. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 46. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 47. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 48. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 49. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other parry pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. PROPERTY /EQUIPMENT 50. The GRANTEE is authorized to use funds provided herein for the purchase of one (1) 10' pop -up kit display and one (1) boat wrap which shall be retained by and become the property of the GRANTEE. However, in the event the GRANTEE fails to satisfactorily complete the services required herein, the GRANTEE shall: a) return to the COMMISSION all equipment purchased with funds from this Agreement; or, b) reimburse the COMMISSION for the cost of all equipment purchased with funds from this Agreement. Page 6 of 8 Agenda Item No. 161D3 January 23, 2007 Page 8 of 25 51. Except as provided in paragraph 50 above, the GRANTEE is not authorized to use funds provided herein for the purchase of any non- expendable equipment or other item of tangible personal property valued at $1,000 or more for performance under this Agreement. FEDERAUFLORIDA SINGLE AUDIT ACTS REQUIREMENTS 52. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non - State organizations that are recipients of State financial assistance to comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A -133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. 53. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. RIGHTS IN PROPERTY COPYRIGHTS AND INVENTIONS 54. All items, materials or products, of any description, produced or developed by the GRANTEE on behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any proprietary interest in the products and materials developed under this Agreement. 55. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions and /or processes that may result from any experimental or developmental research performed under this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government may reserve ultimate jurisdiction over title and right privileges. 56. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve a royalty -free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is involved in support of this Agreement, the Federal Government shall also reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. ENTIRE AGREEMENT 57. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. (Remainder of page intentionally left blank.) Page 7 of 8 Agenda Item No. 16D3 January 23, 2007 Page 9 of 25 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Chairman* January 23, 2007 Date Jim Coletta Name (Print) Collier County Grantee Name 3301 Tamiami Trail E. Address Naples, Florida 34112 City, State, and Zip Code 59- 6000558 Federal Employer Identification Number (FEID) Approved to form and legality: Grant Attorney FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Colonel Julie Jones, Director Division of Law Enforcement Date Approv d aatoa gality: Com i io List of attachments /exhibits included as part of this Agreement: Attachment A: FBIP Application # 06 -072 and Project Proposal Attachment B: Comptroller Cost Reimbursement Requirements Attachment C: Federal /Florida Single Audit Act Requirements Exhibit 1: Funds awarded pursuant to agreement Attachment D: Certification of Completion form Attachment E: Monthly progress report form Attachment F: Sample invoice form AT=` DWNW 8 B$01 X g , BT: *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 8 of 8 ATTACHMENT A Agenda Item No. 16D3 January 23, 2007 Page 10 of 25 FWC Contract No. 06174 Florida Boating Improvement Program Grant Application # 06 -072 Project Proposal FLORIDA FISH AND_ WILDLIFE CONSERVATION COMUMSSION January 2: FLORIDA BOATING IMPROVEMENT PROGRAM Page 1 to BOATING EDUCATION GRANT APPLICATION Fiscal Year 2006 -2007 s:n ; -11 rtin f;,-t nnnlh, _ i nnvo nn nthor .cartinnq hlnnk I — APPLICANT INFORMATION a.- Project Title: Marine Resource Conservation Partnership of Collier County Boater Education and Outreach Program b. Project Cost: a. County(Municipality Name: e. Project Manager Name: c. Project Type(s): Collier County, a Political Subdivision of Florida Bryan Fluech Project Manager Title: ® Kiosks / Signs ® Portable Exhibits (tabletop display, trade show exhibit) b. Federal Employer Id. No.: 59- 6000558 County Marine Science Extension Agent C. Applicant Name: f. Mailing Address: The Marine Resource Conservation Partnership of Collier County (MRCP -CC) is a diverse group of private and government Frank Halas 300 Tower Rd resident and visitor boaters to practice sustainable boating behaviors. Sustainable boating objectives include providing boaters with Applicant Title: City: Zip Code: Chairman, Board of County Commissioners Naples 34113 d. Applicant Address: g. Telephone: Fax: 3301 Tamiami Trail E (23 9) 417 -6310 ext 225 (239) 417-6315 City: Zip Code: Email: Naples 34112 Fuech @ufl.edu h. District Numbers: US Congress: 14 State House: 76 State Senate: 37 County Commission: I,11, IV 11— PROJECT SUMMARY a.- Project Title: Marine Resource Conservation Partnership of Collier County Boater Education and Outreach Program b. Project Cost: Total Cost: $25,360 Amount Requested: $ 14,000 c. Project Type(s): ❑ Classroom Education ® Printed Materials (boater guides, brochures, pamphlets, etc.) ® Kiosks / Signs ® Portable Exhibits (tabletop display, trade show exhibit) ❑ Interactive Displays ❑ Broadcast Media (TV /radio PSA, billboard, etc.) ❑ Print Media (magazines, newspapers) ® Promotional Items (PFDs,'key chains, whistles, etc.) d. Project Summary: The Marine Resource Conservation Partnership of Collier County (MRCP -CC) is a diverse group of private and government representatives seeking to balance boater access and environmental protection in Collier County througb partnerships and education. MRCP -CC proposes to initiate a multi- phased boater education program with the goal of empowering Collier County resident and visitor boaters to practice sustainable boating behaviors. Sustainable boating objectives include providing boaters with the knowledge, skills and tools to protect water quality, wildlife and beaches, but also ensure positive and safe boating experiences. Positive boating experiences are essential to ensure the approximately one billion dollars annually derived in Collier County from boating and tourism. Initial education and outreach efforts will have a site - specific focus on Keeywadin Island and Tigertail Beach in Southern Collier County. MRCP -CC anticipates the boater education program to eventually reach county-wide and serve as a model for other statewide boater education programs. Phases of the proposed program include on -water boater education using an environmentally rigged "green boar" and trained volunteers, outreach at boat shows, festivals and other public events using the boat and a portable educational display, partnerships with boat rental companies, creation of an on -going fellowship for graduate students to assist in program coordination, and a GIS -based boater characterization study. MRCP -CC is requesting $14,000 to support the creation of a portable "green boating" education exhibit as well as costs to cover workshop registration and travel expenses associated with ongoing program development. Matching funds are promised in the amount of $11,360. FWC/DLE -252C (08/06) 1 Agenda Item No. 16D3 III PROJECT NEED January 23, 2007 Page 12 of 25 a. List Primary Need for Project: Mgh Demand by Users ® Environmental Needs of the Area ® Recommended by FWC Staff b. Need Statement: Collier County has over 24,000 registered boats within its waters, not including the numerous boaters visiting from outside the County. There are boating guides and kiosks, but little direct, interactive education of boaters. Concerns have been raised by boat rental companies, residents, visitors, local officials and resource managers that the safety of both people and the environment is being compromised at several popular boating destinations. The initial target sites for proposed education are Keeywadin Island and Tigertail Beach in Southern Collier County. On a weekend it is not uncommon to visit the south tip of Keeywadin and see hundreds of boats stacked up within a two mile stretch of beach. This unbridged, natural barrier island is a popular destination for boaters and one of the few places to go in Collier County. The south end of the island is primarily a weekend destination mostly attracting- boater -s seeking a social experience, arid- epen- eensumption -of- alcohol; unleashed -dogs an luratr h usic are prevalent. This island is also the location of several private residences and is a critical resting and foraging site for several threatened beach - nesting bird species. Obvious conflicts and human and environmental safety issues include trash and debris, human and animal waste, disturbance of wildlife, underage drinking, destruction of vegetation, speeding in no wake zones, driving vessels under the influence and lack of enforcement. These problems also alienate families and other demographic groups that may want to access the island, but are seeking another type of experience. Failure to address these issues could ultimately result in economic and ecological Iosses for Collier County. Environmental losses are a national concern because Kewaydin is within the boundaries of Rookery Bay National Estuarine Research Reserve and-a stare Florida Waterway. MRCP -CC seeks funding for seed money to kick off a boater education initiative. Never before has the County had such a broad -based support for addressing the obvious boating - related problems in the region. The proposed program aims at a diverse audience of boaters and will use methods that are more direct and interactive than what the County has been using in the past. Programs will be based on other successful existing programs such as TEAM OCEAN in the Florida Keys and they will be evaluated. By supporting the MRCP -CC boater outreach program, boaters will gain the necessary knowledge and skills to become better boating stewards. This change in behavior and increased community -wide awareness will lead to more positive and safe boating experiences and long -term sustainable use and protection of natural resources. IV — BOATER SAFETY Explain how the project may affect boater safety. MRCP -CC boater education projects will communicate boating safety through direct education of boaters at boat shows and other public events with the use of a portable education exhibit and an environmentally rigged "green boat ". When not at shows, the "green boat" will be staffed by trained volunteers to provide on -water education with boaters. Boater education will also target boat rental companies through partnerships. A combination of consistent clean boating and safe boating messages will be used to encourage the demonstration of stewardship in the boating community. FWC/DLE -252C (08/06) 2 V - PERNUTS a- Does the project require a permit? ❑ Yes /o Agenda Item No, 16D3 January 23, 2007 - LJ VLLtVI, IJAr/14LL1. C. Status of Permit Application: ❑Not yet applied for ❑Applied for, pending El Approved VI — BUDGET a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application. ❑ Yes, Preliminary ❑ Yes, Final ® No b. PROJECT COST: NON -CASH FUNDS Cost Item Applicant Other VII ) Do Ceti se This t�on TOTAL Administration $ In -Kind Project Management $ In -Kind Labor $ In -Kind Materials $ In -Kind Equipment $ Total Non -Cash Funds $ c. PROJECT COST: CASH FUNDS Cost Item Planning I Design $ Implementing $ Other: $ Total Cash Funds I $ (I-I m ec umn 3,360 $ $ 3,360 $ $ 31360 $ $ 3,360 Applicant Other Source Grant Request TOTAL (List in Section VII) $ 8,000 $ 7,000 $ $ $ 7,000 $ d. TOTAL FUNDS $ $ 8,000 $ 14,000 1 $ 22,000 VII — OTHER SOURCE OF FUNDS (STATUS) a. ❑ Federal ® State/Local ❑ Loan Agency: Cedar Bay Yacht Club b. Grant Name: Monetary Donation Amount $ 8.000 c. Approval Status: ® Approved ❑ Pending ❑ Intend to Apply, Date: a. ❑ Federal ❑ State/Local ❑ Loan Agency: b. Grant Name: Amount $ c. Approval Status: ❑ Approved ❑ Pending ❑ Intend to Apply, Date: FWC/DLE -252C (08/06) j Agenda Item No. 16D3 VIII — APPLICATION ATTACHMENTS CHECKLIST january7o, Pane 14 nf Inc. N/A ® a. Cover Letter: application transmittal cover letter (Identify priori rank with multiple.gpplications). b. Application, One (1) application with original signature from authorized individual. - ® c. Project Proposal: a detailed description of project as outlined in the application instructions. d. Resolution: An t lar�ager has the authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public entity, then a Memorandum of Understanding between the Applicant and the public entity must also be submitted. ❑ ® e. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of exemption from permitting agency. ❑ ® f. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an engineer's cost estimate. ❑ ® g. Plans: preliminary design/engineering plans (if completed). Include an electronic copy on CD or floppy disk and seven (7) photocopies of the application with attachments. APPLICANT SIGNATTURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below, the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. Frank Halas Chairman, Board of County Commissioners - Man Title October 24 2006 Authorized Signature Applicant Date LV ATTEft, -�`" =- -, Approved as to form and legal sufficiency: D C ` AAA PAk4—�� .s�. B Thomas . Palmer, _ , Dep4C i'tc (ggt Assistant County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER) Personally appeared before me this .� day of October, 2006 , who subscribed and swore to the above instrument in my presence. He is personally known to me. Notary Public Name: My commission expires: NOTE: Instruction and further =ion regarding this application and the Florida Boating Improvement Program can be found in the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, FL 32399 -1600. Telephone (850) 488 �"'�'�. 9,t E DECK r, �Nolgry jubpc - Skde of Fiorillo 80aApr22,20M Cxwwnksion FWC/DLE -2520 (08/06) 4 •s. I m 1Sy � �yA Agenda item No. 16D3 January 23, 2007 Page 15 of 25 Marine Resource Conservation Partnership of Collier County Boater Education and Outreach Program Proposal Project Description: The..Marine Resource Conservation Partnership of Collier County (MRCP - CC) consists of representatives from the following agencies and organizations: • Florida Fish and Wildlife Conservation Commission • Florida Department of Environmental Protection • Collier County Marine Industries Association • Cedar Bay Yacht Club • Rookery Bay National Estuarine Research Reserve • City of Marco island • City of Naples • Collier County Extension Service - Florida Sea Grant Its mission is to balance boater access and environmental protection in Collier County through partnerships and education. MRCP -CC is currently developing a multi - phased boater education program. Phases of the proposed program include on -water boater education using a "green boat" staffed with trained volunteers, outreach at boat ramps, festivals and boat shows using the boat and a portable educational exhibit, partnerships with boat rental companies, creation of an on -going fellowship for graduate students to assist in program coordination, and a GIS -based boater characterization study. This proposal includes funding for the creation of a portable "green boating" education exhibit and costs to cover worksho .p- registrat ion _. and Ara vel expenses-associated with the development of the on -water boater education phase of the program. The-program ultimately strives to empower Collier County resident and visiting boaters to practice sustainable boating behaviors: Susfa�nale boating objectives include providing boaters with knowledge, skills and tools to make decisions that protect water quality, wildlife and beaches, but also ensure positive and safe boating experiences. Positive boating experiences are essential to ensure the approximately one billion dollars annually derived in Collier County from boating and tourism. Although initial education efforts will focus on the southern part of the county, it is anticipated that program successes will be expanded county -wide and can eventually serve as a model for other boater education programs around the state. Proposed education activities will be based on existing successful programs when appropriate and will be evaluated. MRCP -CC convened its first meeting in June 2006 because of shared concerns over two trouble spots: the southern tip of Keeywadin Island and Tigertail Beach including its nearby sand bars (See attached images). These locations were obvious areas where boaters were conflicting with wildlife and each other. Current observable problems include: • High density of boats • Underage drinking and boating under the influence Human and animal waste Agenda Item No. 161D3 January 23, 2007 Page 16 of 25 Collier County. The knowledge and skills gained from this experience will help direct the development of a volunteer training program that will support future on- water boater education efforts in the county. Funding will also be used to support three MRCP -CC staff s registration and trayel costs for a three -day community based_ social marketing workshop in Gainesville, Florida. The workshop will pr M e RCP=CC sfaff--W-1 h ie - necessary knowledge and tools to identify effective methods of reaching boating audiences. To further assist outreach efforts, MRCP -CC members will also attend the upcoming Florida Boating and Waterways Conference in Coco Beach to gather information on boating management techniques used around the state. in conclusion, when boaters leave trash, let their pets disturb nesting shore birds, trample dune vegetation, or ignore posted speed zones, they reduce the recreational experience for the next visitor as well as degrade the environmental quality of the visited areas. In timed these irresponsible behaviors, will impact-resident-and-visitor-experiences. Ultimately, these actions will have environmental and economic consequences in a community that depends heavily on its natural resources to support an ever growing tourism industry. As boater education efforts increase around Keeywadin and surrounding waters, it is hoped that the project will produce a boating community that is more conscientious about how their actions impact the areas they enjoy and that they take actions to improve and maintain the quality of their recreational experiences. Tasks to be completed by MRCP -CC staff: . • Attend the Florida Waterways Management Workshop in Coco Beach (Nov 1 -3, 2006) to gather the latest infiorma -tion i U(5Ut waterway management techniques and network with other attending agencies to promote the goals and objectives ofthre-educatlon- program. • Coordinate the development of a portable "green boating" education exhibit that focuses on safe and environmental boating; research what key messages should be emphasized and what existing educational materials and handouts should accompany the exhibit. • Set up temporary education display at the Naples Boat Show in January 2007 to inform the public of the purpose of the program and gain support for it. • 3 staff members will attend a Community -Based Social Marketing Workshop in Gainesville, Florida January 17 -19th. Skills and knowledge gained will be used to develop effective strategies to reach targeted boaters. • Visit the FL Keys NMS to observe the Team OCEAN program in action and gather information on how it can be adapted to Collier County's waterways; begin the development of a volunteer boater training program • Network with local businesses and organizations to promote and gain support for the program throughout the county • The project manager will continually report the progress of program activities to all agencies involved in the boater education program. ATTACHMENT B Agenda Item No. 161D3 January 23, 2007 Page 17 of 25 Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Coss.Mmbummmt- dentracts- Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page 1 of 1 Agenda Item No. 16D3 ATTACHMENT C January 23, Page 18 of 25 of 25 REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor /Grantee (recipient) may be subject to audits and /or monitoring by the Commission as described in this section. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commission staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures / processes - deemed- appropriate- by -the- Commission.— In-the -event "the- Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization . as defined in OMB Circular A -133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the. recipient shall consider all sources of Federal awards, including Federal resources received from .Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.850 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non - state entity for Federal program matching requirements. Pagel of 3 Agenda Item No. 16D3 January 23, 2007 In connection with the audit requirements addressed in Part If, paragraph 1, the recipient shall enVuqi9tlh(htcflfe5 audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the even_ t that the recent - than less than�500,000 in sta�te�ancal assistance in its�'iscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS There are no other audit requirements PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399 -1600 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399 -1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directiv to each of the following: Page 2 of 3 The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. _ Tallahassee, FL 32399 -1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street _ -Tallahassee; FL= 32399,1450 - Agenda Item No. 16D3 January 23, 2007 Page 20 of 25 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S-. Meridian St. Tallahassee, FL 32399 -1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General,. as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A -133 or C-hapters 10.550 (local governmental entities) or 10.650. (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488 -6068. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. Page 3 of 3 Haenda Item No. 16D3 V january 23. 2007 Page 21 of 25 EXHIBIT — 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 215.97 FLORIDA STATUTES: State Agency: Florida Fish and Wildlife Conservation Commission State Program: Boating Safety and Education CSFA No.: 77.027 Recipient: Collier County Board of County Commissioners Amount: $14,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS- AGR ,EEfiAENT ARE AS FOLLOWS: 1. Project activities must not create a boating safety hazard and/or increase the potential for damage to natural resources. 2. Recipient must comply with the Florida Boating Improvement Program Policies and Guidelines, Fiscal Year 2006 -2007. 3. Recipient must comply with all Commission rules, policies and procedures as well as all other state and federal rules. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Page 1 of 1 I, representing Agenda Item No. 16D3 January 23, 2007 ATTACHM&F]gf 25 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM CERTIFICATION OF COMPLETION STATEMENT (Print Name and Title) (Name of Local Government) do hereby certify under penalties of perjury, as provided in s. 837.012, Florida Statutes, that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (SiBnatuTe) STATE OF FLORIDA, COUNTY OF ( Personally appeared before me this day of _ subscribed and swore to the above instrument in my presence. Notary Public Name: My commission expires: CERTIFICATE BY COMMISSION (Date) 200_, who (SEAL) I certify: That, to the best of my knowledge and belief, the work on the above -named project has been satisfactorily completed under the terms of the Agreement. Division: _ By: Name: Title: Date: Agenda Item No. 16D3 ATTAG MFE,�ME2007 Page 23 of 25 FLORIDA BOATING 11"PROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399 -1600 or fax to (850) 488 -9284. FWC Contract # Project Title: 1. Describe tasks completed this month: Reporting Period (Month/Year): (Due 15 days after the end of each month) 2. List deliverables provided to FWC this month: 3. List tasks scheduled to be completed during next month: 4. Is project currently on schedule for completion by June 1, 2007? YES NO (If No, please explain any problems encountered and /or possible delays) Project Manager Page 1 of 1 Date Ovate: Remit payment to: Grantee: Address: City, State: Zip: FEID #: GRANT REQUEST D 16D3 A 3F2007 Florida Fish and Wildlife Conservation Commission Page 24 of 25 Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399 -1600 INVOICE FWC Contract #: Cost Item Ap.plicant Other FBIP Grant TOTAL Planning /Design $ $ $ $ Implementing $ $ $ $ Other: $ $ $ $ Total Hard Funds $ $ $ $ Amount of Grant Award: $ PROJECT COSTS Cost Item Amount Planning /Design $ Implementing $ Other: $ Total Costs: $ Grantee Matching Funds: $ Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in -kind or cash,'were utilized toward the project in this Agreement. Signed: Project Manager Date: Prepared By Agenda Item No. 16D3 January 23, 2007 Director Pace 25 of 25 Public Services COLLIER COUNTY 11912007 12:13:05 PM BOARD OF COUNTY COMMISSIONERS Item Number: 16D3 Item Summary: Recommendation to accept Grant Aareement #06'74 from the Florida Fish and'✓lildlife Date Conservaton Commission for the Florida Boating Improvement Program IFBIPI Grant to fund Public Services Admin. the Collier County Boater Education Project in the amount of 514.000. Approve Budget Approved By Amendments to recognize grant funds and transfer previously recognized match /seed money in the amount of 58.000 from Cedar Bay Marina Meeting Date: ?;23/007 900.00 AM Prepared By Robert Halman Director Date Public Services University Extension Services 11912007 12:13:05 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 11912007 1:38 PM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 11912007 2:09 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1/912007 2:31 PM Approved By Robert Halman Director Date Public Services University Extension Services 11912007 236 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1MO12007 10:21 AM .Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management 8 Budget 1110/2007 246 PM Approved By Michael Smykowskl Management 8 Budget Director Date County Manager's Office Office of Management 8 Budget 1112!2007 4:09 Pfd Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1312007 12:18 PM Commissioners Agenda Item No. 161D4 January 23, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing $3,300 in revenue from Pepsi Bottling Group, Inc. as initial support funds and appropriating funds for purchase of additional food concession equipment. Objective: To sell food, drinks, and supplies to the patrons of Sun N Fun Lagoon at the Sunny's Snacks food concession. Considerations: On Friday, June 16, 2006, the Parks and Recreation Department entered into a fully executed agreement with the Pepsi Bottling Group, Inc. and in the contract, it was stated that Collier County Parks and Recreation Department would receive $3,300 as initial support funds. In turn, the $3,300 would be used at the food concession at North Collier Regional Park to assist and improve the already existing equipment to better serve the patrons who frequent the Sun N Fun Lagoon. Staff has prepared a budget amendment recognizing an additional $3,300 in revenue and appropriating funds for the purchase of additional food concession equipment. Fiscal Impact: Staff has prepared a budget amendment that recognizes this amount in revenue and appropriates it to the Sun N Fun Lagoon (Pool) fund center within the Parks and Recreation budget. Growth Management Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners approves a budget amendment recognizing $3,300 in revenue from Pepsi Bottling Group, Inc. for initial support funds at Sun N Fun Lagoon at North Collier Regional Park and appropriating funds for purchase of additional food concession equipment. Prepared by: Kerry Runyon, Regional Manager, Parks and Recreation Agenda Item No. 16D4 January 23, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16p4 Item Summary: Recommendation to approve a budget amendment recognizing $3.300 in revenue from Pepsi Bottling Group, Inc. as initial support funds and appropriating funds for purchase of additional food concession equipment. Meeting Date: 1/2312007 9 -. .00:00 AM Approved By Tone Nelson Senior Admin Assistant Date Public Services Parks and Recreation 1!8/2007 11:30 AM Approved By Kerry Runyon Regional Manager Date Public Services Parks and Recreation 1181200711:43 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 102007 1:52 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1812007 4:08 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/912007 7:52 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 111112007 10:48 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111212007 8:45 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1113.12007 12:08 PM Commissioners Agenda Item No. 16E1 January 23, 2007 Page 1 of 42 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 8 to Work Order #BSSW- 00 -07, Design of the North Collier Government Services Center, under Contract 99 -2930, "Fixed Term Professional Architectural Services" with BSSW Architects, Inc. in the amount of $45,375. OBJECTIVE: To gain approval from the Board of County Commissioners for Change Order No. 8 to Work Order #BSSW- 00 -07, Design of the North Collier Government Services Center ( NCGSC), under Contract 99 -2930, "Fixed Term Professional Architectural Services" with BSSW Architects, Inc. in the amount of $45,375. CONSIDERATIONS: DeAngelis Diamond Construction Inc. was awarded the NCGSC construction contract on July 22, 2004, agenda item ION. Construction work did not begin until January 2005 due to the processing times for the fully executed contract and the issuance of the building permit (issued March 30, 2005). The initial construction completion date was December 26, 2005. Ultimately, the work was completed and the building opened for business on June 16, 2006. BSSW is due additional fees for the extended duration of the construction effort, the drawn out submittal process, as well as the re- inspection of incorrectly performed construction work. BSSW provided proposals and negotiations were held that reduced the amount to $34,875. The Tax Collector requested a number of changes that required BSSW to redesign a portion of the interior space. This effort required a building permit modification as well as coordination among design consultants and the construction contractor. BSSW provided a proposal in the amount of $10,500 for this effort. The proposed changes and detailed back -up information have been reviewed by the Facilities Management Department and the Purchasing Department and are believed to be fair and reasonable. FISCAL IMPACT: Funds for the additional architectural services fees are available in the project budget. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approves Change Order No. 8 to Work Order #BSSW- 00 -07, Design of the North Collier Government Services Center ( NCGSC), under Contract 99 -2930, "Fixed Term Professional Architectural Services" with BSSW Architects, Inc. in the amount of $45,375 and authorize the County Manager or his designee to sign the Change Order. PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Department of Facilities Management Agenda Item No. 16E1 January 23, 2007 Page 2 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E1 Item Summary: Recommendation to approve Change Order No. 8 to Work Order #BSSW- 00 -07. Design of the North Collier Government Services Center, under Contract 99.2930, Fixed Term Professional Architectural Services with BSSW Architects, Inc. in the amount of $45.375 Meeting Date: 1123/2007 9:00:00 AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 11912007 8:02 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1/9/2007 10:30 AM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 119/2007 10:50 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11912007 4:12 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology Ill 0/20D7 10:15 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/1512007 9:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/1 512007 12:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111512007 2:51 PM Date: Monday, December 18, 2006 Agenda Item No. 16E1 E- Mailed To Bonnie: Monday, December 1 of 42 DUE TO THEAMOUNT OF THE PERCENTAGE INCREASE, THIS CHANGE ORDER WILL BE REPORTED TO THE BCC; LOG IN FOR FINANCE ONLY Project Name: North Naples Government Services Center Project Number: 52534 BID/RFP #: 99 -2930 Mod #: 8 PO #: 106639 Work Order Number: BSSW -00 -07 Contractor /Consultant: BSSW Architects, Inc. Original Contract Amount: $ 230,700.00 (Starting Point) Current BCC Approved Amount: $ 297 415.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 311.500.00 (Including All Changes Prior To This Modification) Change Amount: $ 45,375.00 Revised Contract/Work Order Amount: $ 356.875.00 _ (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 126.175.00 Percentage Of The Change Over /Under Revised Contract Amount: 19.99 % Overview of change: To provide for additional professional services as follows: Additional inspections of areas of struct I ural concern; additional services for the redesign of the Collier County Tax Collector Suite and for additional field observations and shop drawing reviews. These services were required to provide an operationally effective building for the occupants and to address the inefficiencies aused b}lhe construction contractor. Contract Special i I * —'1/ ^r Date: a L. i c son Best r Scanned Date: f / f i g fD Data Entry Information: Type of Change: Work Order Project Manager: Ron Hovell Department: Facilities Management Change Category Type, Circle One Below: Plinned or Eleetive 2. Unforeseen Condit, s Ad' ents 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Revised 7/11/05 CONTRACTlWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: North Naples Government;, Service Center PROJECT #: 52534 BIDIRFP #: 99- 2930MOD #: 8 PO #: 106639 WORK ORDER #:BSSW -00 -07 DEPARTMENT: Facilities Management CONTRACTORWIRM NAME: BSSW Architects Original Contract Amount: $ 230,700,00 (Starting Point) Current BCC Approved Amount: $ 297,415.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 311,500.00 (Including All Changes Prior To This Modification) Change Amount: $ 45,375.00 Revised ContractlWork Order Amount: $ 356,875.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: 126,175.00 Agenda Item No. 16E1 January 23, 2007 Page 4 of 42 Date of Last BCC Approval 11116/04 Agenda Item 16 E 5 Percentage of the change over /under current contract amount 19.99% Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. — CURRENT COMPLETION DATE (S):ORIGINAL: April 2006 CURRENT: September 1, 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the change: Provide professional services for additional Inspections of areas of structural concern. Provide additional services for redesign of Collier County Tax Collector Suite. Provide professional services for additional field observations and shop drawing review. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The services were required to provide an operationally effective building for the occupants and to address the inefficiencies caused by the construction contractor. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. Linda Jackson Best IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) X Proposed change is consistent with the scope of the existing agreement X Proposed change is In fact an addition or deletion to the existing scope X Change is being implemented in a manner consistent with the existing agreement X _The appropriate parties have been consulted regarding the change _X_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER C MMENDATION: his form is to be signed and dated. APPROVE BY: _ Date: Pro e anger REVIEWED BY: 1+ Date: o ct S ist Revised 10.24.2006 CHANGE ORDER CHANGE ORDER NO. TO: BSSW Architects, Inc 949 Central Ave Naples, FI 34102 DATE: December 05, 2006 PROJECT NAME: North Naples Government Service Center PROJECT NO.: 52534 Under our AGREEMENT dated August 21, 2001. Agenda Item No. 16E1 January 23, 2007 Page 5 of 42 CONTRACT NO.99 -2930 BCC Date: 08/20/01 Agenda Item: 16 E 5 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Provide professional services for additional inspections of areas of structural concern. Provide additional services for redesign of Collier County Tax Collector Suite. Provide professional services for additional field observations and shop drawing review. FOR THE (Additive) (Deductive) Sum of: Forty five thousand, three hundred & seventy five ($45,375.00). Original Agreement Amount $ 230,700.00 Sum of Previous Changes $ 80,800.00 This Change Order (Add) (Deduct) $ 45,375.00 Present Agreement Amount $ 356,875.00 The time for completion shall be (increased /decreased) by N/A calendar days due to this Change Order. Accordingly, the Contract Time is now (845) calendar days. The substantial completion date is April 1, 2006 and the final completion date is September 1, 2007 Your — -acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: December 12, 2006 CONTRACTOR: BSSW Architects, Inc Grp By: Daniel A .Summers, AIA OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Ron Hovell, P.E., Principal Project Manager Agenda Item No. 16E1 January 23, 2007 Page 6 of 42 Collier County Government Services Center October 31, 2006 Collier County Government Page 1 of 2 BSSW Architects, Inc. 949 Central Ave. Naples, FL 34102 CHANGE ORDER NON g t'0i, CONTRACT NO. 99-2930 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the referenced Contract number. A. Summary of Work: Provide professional services for additional field observations, late shop drawing submittals, continued and repeated shop drawing review and coordination of the general contractor's iextended construction schedule for the Collier County Government Services Center Facility located at Orange Blossom Drive. This scope includes the services of BSSW field inspector, staff architects and project manager. This Change order covers services provided through October 31, 2006. B. The services of the following Consultants will be required: BSSW Architects, Inc. C. For the additive sum of: Twenty-Seven thousand seven hundred and ninety-five dollars ($ 27,795.00) Contract Summary Original Contract Amount $ 230,700.0.0 Previous Change Order Amounts: (Change Orders 1, 2, 3, 4, 5, 6, 7 & 8) 98,480.00 This Change Order (No. 9 Add): 27.795.00 i Agreement amount with this Change Order: $ 356,975.00 Agenda Item No. 16E1 January 23, 2007 Page 7 of 42 Continued: Collier County Government Services Center July 11, 2006 Collier County Government Page 2 of 2 BSSW Architects, Inc. CHANGE ORDER NO *% 1q, -t� CONTRACT NO. 99-2930 The time for completion shall be (increased / decreased) by ( 0 ) calendar days due to this Change Order. Accordingly, the Contract Time is now { ) calendar days. The substantial completion date is ( ) and the final completion date is ( }. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Ronald Hovell, Senior Project Manager Department of Facilities Management Accepted by: Daniel A. Summers AIA, BSSW Architects, Inc. Date: Approved by: Date: Skip Camp, Director Department of Facilities Management 11/16/2008 0 8:45 FAX 6437435 Agenda RAW 16E1 January 23, 2007 Page 8 of 42 7.1046 Chops Order#lAddHfomd ServieN Ouflins Field Observation 71me Analysis 300 Original Cor+traat Duretlort to substbrisal Completion 30 Original Contract Substllntlsl Completion 330 330 daysor 1 f months allocated to original contra ft First shop drawing submittal was 0,27.04 90 Days contract duration to 2004 OcL, Nov., Dec. 360 Days to tb du radon in 2004 Jon through Dom- 2005 180 Days conloaot duration in 2006 Jan through Juror 2006. 830 Days of soak , duration to data excluding July *12006. Punch list is not oompietsd. 33016M r 0.62381 or 53%Percent oftires expanded eonwats of original contract 47%offield observations have bean required beyond the original contract duration. 70 Field observations reports have been filed to dam 47% over oringinal contract duration 32.8 Or 33 field obxseravadons should be credited to additional sarvices. S Field albowwatioea + doamianestlen and dtstrliwllon over ballws6n 3 and 7 boors or 5 hours average 33 105 hours of additional Odd observation and coordination I as hrs. Estimate hours of addMonat observation SW err hour Average billing rate of personNl involved 614,025 Additional field 011MMatlon, dswrnorttstion and coordination *into duration of project eatRilotlon Additional cas rime Analysis for Shop Drawlng Review and Processina 12 sots of shop drawings veers subntitied 3 or More amss "tooting the 2 (two) submittals snowed by ""canon. Of the 12 oxcesslve submittals 4 were submittad 4 times 6 AddUwwl submittal Rovkws (1 for each of the 8 subni m s hwaiving 3 reviews) 6 Additional SubmttEd Reviews (2 for each of 1ho 4 submittals itnvvlviag 4 reviaws) TAdditional shop drawing reviews hours tmgd. Submittal Number Extra Revlaws Required 2 7 f Modranical sumbit6ds with minimal amhtt ch roi review 3 9 2 Impact Lowers 12 20 1 Storefront Eft amoo 2 23 1 carpet 2 38 7 Signnpo 2 38 2 Class Block 6 47 1 Roofing 2 s0 1 Fire Protection 8 53 2 Steel Joist! Mac Metals and Fabrlcaflon 4 Be 1 Exterior Comice 4 80 2 Caling silo 4 71 1 Appliances 51 51 hrs. x SRS! hr $4,333 Par spotlficallons all shop drawings were to haw been submitted within 60 mays of award of contract There were 125 separate submittal items 51 of which were submitted whhin the 90 day period. 74 wen) submitted throughout the remaining t8 nisnttu of project duration. SpurattC shop drswirq tubMittal beyond the Initial 00 day period requires a learning curve for architects rwAnAng the subm,tttafa. The average startup time and document retrolval Is 1.5 hr; per submittal 74 subnidis x 1.5 hours par submittal x $85 per lx. average a $6,436 1119A35 Spuratic submittal $4,335 additional shop drawing reviews 514X25 Rald observation !127,785 C0 e 8 Total associated with extended geneml contractor project duration porting Period: 09/27104 to 11/25106 te: Original Cost Rate and Original Billable Rate decion:bg -ph (Project ID Equal To'O1451) and (Billing Group 1D Equal To '001' ?) and (Phase ID Equal To'707) Agenda Item No. 1SYV January 23, 2 PaMg 1�eCOr( AMD] David Bamesberger -- Time Sheet#: 8520 Pcriod: 1 1129/04 - 12105/D4 Original oim Bill G -ilr P Be Branch CstTvne TTRA Stflvae Deft lioirklu 0r cost B � 45 001 70 2 Prof 20 PRAR 11/29/04 1.00 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR 12/01 104 1.00 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR 12/03/04 0.50 0.00 18.51 0.50 Total: 2.50 0.00 92.55 2.50 AMD] David Bamesberger -- Time Shut #: 8535 Period: 12!06/04 - 12/12/04 Original o'ect iB 11Gro Ebw Branch CstTvoe Task S Diu RMHn OT His Sssl Billl3ra 45 001 70 2 Prof 20 PRAR 12/07/04 1.50 0.00 55.53 1.50 45 001 70 2 Prof 20 PRAR 12/08/04 5.D0 0.00 185.10 5.00 45 DO1 - - 7D 2 Prof 20 PRAR 12/09/04 0.50 0.00 18.51 0.50 45 001 70 2 Prof 20 PRAR 12/10/04 1.00 0.00 37.02 1.00 Total: 8.00 D.00 296.16 8.00 AMD] David Bamesberger -- Time Sheet #: 8552 Period: 12)13/04 - 12/19104 Original oiect - BilIC Phase Bran CS tT T, ask Wry= POW gecHa Of fin Las Bi11.F36 45 ODI 70 2 Prof 20 PRAR 12/14/D4 2.00 0.00 74.04 2.00 Toml: 2.00 0.00 74.04 2.00 AMD] David Bamesberger -- Time Sheet #: 8584 Period: 12127104 - 01J02�05 - Original ojec Bil1Grn Phase Bran c CstType IMA S_ Dam &s _s OTT Cost Bill 45 001 70 2 Prof 20 PRAR 12/27/04 1.00 0.00 37.02 1.D0 45 001 70 2 Prof 20 PRAR 1228/04 1.00 0.00 37.02 1.DO Total: 2.00 0.00 74.04 2.00 AMD] David Bamesberger -- Time Sheet #: 8616 Period: 01/03/05 - 01109/05 Original oieot BiIIQM Phase Bran CS1Typg Task SUT Pate Rc,Hrs or Bill Hrs 45 001 70 2 Prof 20 PRAR 01AW05 1.50 (1.UO 55.53 1.50 Total: 1.50 0.00 55.53 1.50 AMD) David Bamesberger -- Time Sheet #: 8636 Period: 01/10/05 -01"16/05 Original oied Bil Pbm Bran CstTvtte Task StfT Mat Rea Hrs OT H .CM BillH 45 001 70 2 Prof 20 PRAR OI/10/05 0.50 0.00 18.51 0.50 45 001 70 2 Prof 20 PRAR 01/11/05 1.50 0.00 55.53 1.50 45 001 70 2 Prof - 20 PRAR 01/12/05 1.00 0.00 37.02 1.00 45 - DOI 70 2 Prof 20 PRAR 01/13/05 1.50 0.00 . - 55.53 1.50 45 001 70 2 Prof 20 PRAR 01/14/05 1.00 0.00 37.02 1.00 mtcd on 1127/06 a 4:12:30PM i porting Penod: 09/27/04 to 11/26106 jw4 iginsl Cost Rate and Original Billable Rate c bg -ph .oject 1D Equal To V1451) and (Billing Group ID Equal To'0011) and (Phase ID Equal To'701) Agenda Item No. 15 January 23, 2 PagTlf@i Kecor( Ton1: 5.50 0.00 203.61 5.50 !� AMD) David Bamesbeiger -- Time Sheets: 8649 Pcriod: 01/17/05 - 01/23/05 Original 91££1 B111Gro Phi stC Typg Task $.hype plus 13aaita QTdn Cgs EiI1 Bn 45 001 70 2 Prof 20 PRAR 01/17/05 0.50 0.00 18.51 0.50 45 001 70 2 Prof 20 PRAR Olr 19105 1.00 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR 01120/05 1.00 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR 01121/05 2.00 0.00 74.04 2.00 Told: 450 0.00 166.59 4.50 AMD] David Bamesberger -- Time Sheets: 8672 Period: 01/24105 - 01,'30/05 Original oiei'l BiIIGM Phase Branch CatTvoe T S Datz Rea H OTHIS LQ9 Hilt H. 45 001 70 2 Prof 20 PRAR 01/24/05 1.00 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR 01125/05 1.50 0.00 55.53 1.50 45 001 70 2 Prof 20 PRAR 01126/05 1.00 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR 01127/05 0.50 0.00 18.51 0.50 Taal: 4.00 0.00 L48.08 4.00 AMD] David Bamesberger -- Time Sheet#: 8694 - - Period 01/31/05 - 02/06/05 Origim Qiss] Burp Phase Branch CstTvoc task StfT x>K - 2= p Bca tin 471ia QM HiRHHas 45 DOI 70 2 Prof 20 PRAR 02/02/05 1.50 0.00 55.53 1.50 45 001 70 2 Prof 20 PRAR 02/03/05 2.00 0.00 74.04 2.DO 45 001 70 2 Prof 20 PRAR 02/04/05 1.50 0.00 55.53 1.50 Total: 5.00 0.00 185.10 5.00 ')avid Bamesberger -- Time Sheet#: 8713 02/07/05 - 021l3/05 �-C&S °tea aill6rn Ebw Branch SaIT ?9sk SSt7 pss BsPFha OTHra BMHta 45 001 70 2 Prof 20 PRAR 02 /08/05 1.00 0.00 37.02 LDO 45 001 70 2 Prof 20 PRAR 02/10/05 0.50 0.00 18.51 0.50 45 001 70 2 Prof 20 PRAR 02/11/05 0.50 0.0D 18:51 0.50 Taal: 2.00 0.00 74.04 2.00 AMD] David Bamesberger -- Time Sheets: 8733 Period: 02/14/05 .02/20105 Original Rim BALQM phase Brwc CstTYpc Task SS pats Reg.Hn 0r His US Bill Hrs 45 001 70 2 Prof 20 PRAR 02114/05 LDO 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR 02116/05 1.00 0.00 37.02 1.00 45 001 70 2 Prof 20 PRAR D2/17/05 1.50 0.00 55.53 1.50 45 001 70 2 Prof 20 PRAR 02/18105 2.00 0.00 74.04 2.00 Total. 5.50 0.00 203.61 5.50 AMD) David Bamesberger -- Time Sheet#: 8756 i-d - 11/27106 ■ 4 12 30P porting Period: 09/27104 to 1126106 Agenda Item No. 1 S V V January 23, 2 Pagerjj-h6l iteCOrc ;c: original Cost Rate and Original Billable Rate election: bg-ph (Project ID Equal To 10145' ?) and (Billing Group ID Equal To '001'7) and (Phase ID Equal To'70' ?) Period: 02121/05 - 0227105 Original Qw Diu cnn Phase Bran Cst 7 Task SiLfT3Te Rat= Bsa.Ba OrI1R C= Bill_filt 45 001 70 - 2 Prof 20 PRAR 02!22/05 2.00 0.00 74.04 2.00 45 001 70 2 Prof 20 PRAR 02/23/05 3.50 0.00 I29,57 3.50 45 001 70 2 Prof 20 PRAR 02!24.105 0.50 0.00 18.51 0.50 Tail: 6.00 0.00 222.12 6.00 - AMD] David Bamesberger -- Time Sheet #: 8781 Period: 02/28/05 - 03/06/05 Original oicct Bi1IGrp Phase Branch CstTvoe Task Stffw Reg Ntt 45 001 70 2 Prof 20 PRAR 0228/05 1.50 0.00 55.53 1.50 45 001 70 2 Prof 20 PRAR 03/01/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 03/02/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 03/03/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 03/04/05 2.50 0.00 94.35 2.50 Total: 7.D0 0.00 263.10 7.00 AMD] David Bamesberger -- Time Sheet#: 8789 Period: 03!07/05 - 03/13/05 - original oiect amGTV Phase Branch CsiTvoe Task Strr Rata &a Ha 4ZEia Q211 i1B.1i6 45 001 70 2 Prof 20 PRAR 03/07/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 03/08/05 2.00 0.00 75.48 2.00 45 001 70 2 Prof 20 PRAR 0309/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 03,10/05 1.00 0.00 - - 37,74 1.00 45 001 70 2 Prof 20 MAR 0311/05 0.50 0.00 18.87 0.50 Tout 5.50 0,00 207.57 5.50 AMD] David Bamesberqer -- Time Sheet #: 8808 Period: 03/14/05 • 03/20/05 Original meet Bill rr� p Ph it- Brim tCs Type Task StfTNTe Date arc ti s OT_qu cbR Billil6 45 DOI 70 2 Prof 20 PRAR 03/14/05 1.50 0.00 - 56.61 1.50 45 DOI 70 2 Prof 20 PRAR 03.115/05 4.50 0.00 169.83 4.50 45 001 70 2 Prof 20 PRAR 03:17/05 2.00 0.00 75.48 2.00 45 001 - 70 2 Prof 20 PRAR 03118/05 1.00 0.00 37.74 1.00 Taal: 9.00 0.00 339.66 9.00 AMD] David Bamesberger -• Time Sheet#: 8835 Period: 0321105 - 03/27/05 o'er Bill Phase Branch Cs tr Task StfCvoe Rate Re, Ha OTHm Original .host Bill Ha 45 001 70 2 Prof 20 PRAR 03!21/05 1.50 0.00 56.61 1.50 45 001 70 2 Prof 20 PRAR 03/22/05 250 0.00 9435 2.50 45 001 70 2 Prof 20 PRAR 03/23/05 0.50 0.00 18.87 0.50 45 001 70 2 Prof 20 PRAR 03,24105 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 03/25/05 0.50 0.00 18.87 0.50 Tact 6.00 0.00 226.44 6.00 mid on 11/27106 at 4 12 10PS4 porting Poriod 09127104 to 11126106 ,ywgriginal Cost Rate and Original Billable Rate c hg-ph ,,oj- ID Equal To'0145'7) and (Billing Group ID Eqt d To'001' ?) and (Phase ID Equal To 70'7) Agenda Item No. 1�JVY January 23, 2 7� Pagylf @f Vecofic AMD] David eamesberger -- Time Sheet #: 8848 Period: 03/28!05 - 04/03/05 Original Died - Bill n1w Big CM13a 1"k Stffvoe to R- H. OT Ha /:sat BiII Hn 45 001 70 2 Prof 20 PRAR 03/28/05 0.50 0.00 18.87 0.50 45 ODl 70 2 Prof 20 PRAR 03/29/05 1.50 0.00 56.61 1.50 45 001 70 2 Prof 20 PRAR 03/30/05 0.50 O.OD 18.87 0.50 45 ODl 70 2 Prof 20 PRAR 03/31/05 Lou ODD 37.74 1.00 45 Out 70 2 Prof 20 PRAR 04/01/05 Lou 0.00 37.74 1.00 Total: 4.50 0.00 169.63 _ 4.50 AMD] David Bamesberger -- Time Sheets: 8885 Period: 04104/05 - 04/10/05 Original 419.9 Bill Phase Branch CSIT3= Tt1sk Stfrvoe 10 Rog Hn 1211t¢ Lest Bill WE 45 001 70 2 Prof 20 PRAR 04 /04/05 2.50 - 0.00 94.35 2.50 45 ODl 70 2 Prof 20 PRAR 04/05/05 4.00 0.00 150.96 4.00 45 out 70 2 Prof 20 PRAR 04/06/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 04/07 /05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 04 /08/05 1.00 0.00 37.74 1.00 Total: 9.50 0.00 358.53 9.50 AMD] David Bamesberger -- Time Sheet#-. 6686 Period: 04/11/05 - 04/17/05 Original og l BiuC}M Phase Brandt Cst_T5N Task SttCwe tea ReaHro OTHm C= BillHn 45 001 70 2 Prof 20 PRAR 04/11/05 1.00 0.00 - 37.74 1_00 45 001 70 2 Prof 20 PRAR 04/12/05 1.00 0.00 37.74 .00 45 001 70 2 Prof 20 PRAR 04/13105 0.50 Out) 18.87 0.50 45...,... - - 001 70 2 Prof 20 PRAR 04/15/05 0.50 0.00 18.87 0.50 Tout 3.00 0.00 113.22 3.00 AMu] David Bamesberger -- T-ame Sheets. 8920 Period: 04 /18!05 - 0424105 Original Ric-et Bill 4L �r.P Phase rant stT Task Stf ypc Dou RIM lira - OT c_os< @1llLlta 45 001 70 2 Prof 20 PRAR 04/18/05 1.50 0.00 56.61 1.50 45 001 70 2 Prof 20 PRAR 04119/05 2.00 0.00 75.48 2.00 45 001 70 2 Prof 20 PRAR 04120/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 04 /21/05 0.50 0.00 18.87 0.50 Total: 5.OD 0.00 188.70 5.00 AMDJ David Bamesberger -- Time Sheets 8921 Period: 04125105 - 05/01/05 Original RW But trm has ranch CstTvne Task StfTvoe Dig Re, Hrs OT Hm Bill Hra 45 001 70 2 Prof 20 PRAR 0426/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 04/'t�/DS 030 0.00 18.87 0.50 45 001 70 2 Prof 20 PRAR 04/29/05 Lou 0.00 37.74 Lou mted oa 11/27/06 at 4:12:30PM poems Loa 09/27/04 to 11/26/06 le: Original Cost Rate and Original Billable Rate :lection:bg -ph (Project ID Equal To'O 145' ?) and (Billing Group ID Equal To'001' ?) and (Phase ID Equal To'70'7) AMD] David Bamesberger - Time Sheet#: 8949 Period: 05/02/05 - 05/08/05 oiect Bill Gro 1'w 45 001 70 45 001 70 45 001 70 45 001 70 i 45 001 70 AMD1 David Bamesberger -- Time Sheet #: 8959 Period 05/09/05 - 05/15105 SscH[s oiect Bill Phase 45 001 70 45 001 70 45 001 70 AMD] David Bamesberger -- Time Sheet #: 8982 Period: 05%16/05. 05122/05 Sstt 01-1 Bill Phase 45 DOI 70 45 DOI 70 45 OOt 70 45 001 70 AMDj David Samesberger -- Time Sheet #: 9003 Period: 05.23.05 - 05/29/05 20 oieot Bilk Phase 45 001 70 45 001 70 AMD] David Bamesberger -- Time Sheet #: 9029 Period: 05/30105 - 06/05/05 20 o'ec Bill Phase 45 001 70 45 001 70 45 001 70 45 001 70 AMD] David Bamesberger -- Time Sheet#: 9053 mtcd m 11127106.3 4:12:30PM Agenda item No. 1SUY January 23, 2 PagT,j�hjd Kecor( Tour 2.50 0.00 9415 2.50 Branch CstTvoe Task Stfryw !Nc; SscH[s WHIM Original il@Hn Branch CstTvoe luk PRAR 20 Ra H.e 0.00 Sstt Bill Hn 2 Prof 20 PRAR 05/02/03 1.50 0.00 56.61 1.50 2 Prof 20 PRAR 05/03/05 3.00 0.00 113.22 3.00 2 Prof 20 PRAR 05/04/05 1.00 0.00 37.74 1.00 2 Prof 20 PRAR 05/05 /05 0.50 _ 0.00 18.87 0.50 2 Prof 20 PRAR 05/06/05 1.00 0.00 37.74 1.00 ranch Csffwe Task Stffype Tool: 7.00 0.00 264.18 7.00 2 Prof 20 PRAR 05124/05 2.00 0,00 Original 2 DO Branch CstType Task Slam Daft Rep. Hn OT HIS c= dB l lira 2 Prof 20 PRAR 05/09/05 0.50 0.00 18.87 0.50 2 Prof 20 PRAR 05,10105 0.50 0.00 18.87 0.50 2 Prof 20 PRAR 05/13/05 LDO 0.00 37.74 1.00 2 Prof 20 PRAR Tool 290 0.00 75.48 2.00 Original Branch CstTvoe Task Stfryw !Nc; SscH[s WHIM Ss9l il@Hn 2 Prof 20 PRAR 05/16/05 LDO 0.00 37.74 LDO 2 Prof 20 PRAR 05/17/05 1.50 0.00 56.61 1.50 2 Prof 20 PRAR 05/19/05 IN 0.00 75.48 2.00 2 Prof 20 PRAR 0520105 - LDO 0.00 37.74 LDO _ Total: 5.50 0.00 207.57 5.50 Original ranch Csffwe Task Stffype DM Rcz&a 9T ft S.99 Bill Hn 2 Prof 20 PRAR 05124/05 2.00 0,00 75.46 2 DO 2 Prof 20 PRAR 05/26105 0.50 0.00 18.87 0.50 Total: 2.50 0.00 94.35 2.50 Original Branch Cst_ Task StfT32 Date Rea Him OT Hts S99 Hill Hrs 2 Prof 20 PRAR 05!31105 1.00 0.00 37.74 L.00 2 Prof 20 PRAR 06/01/05 2.00 0.00 75.48 2.00 2 Prof 20 PRAR 06/02 /03 0.50 0.00 18.87 0.50 2 Prof 20 PRAR 06/03/05 1.50 0.00 56.61 1.50 Total; 5.00 0.00 188.70 5.00 podws Pcriod: 09/27/04 to 11/26/06 Agenda Item No. 1i,` January 23, 2 P19TlffiL9 i�ecor( ^"°"' -igiml Cost Rue and Original Billable Rate ,' bg-ph ,rroject ID Equal To'D145'7) and (Billing Group ID Equal To'0011) and (Phase ID Equal To *70'?) Period: 06106/05 - 06/12/05 Original Diect BilGm Phase Branch Cat Task Sta= 12ua Bat Hn OT Hn C= Si11 Hrs 45 001 70 2 Prof 20 PRAR D6106/05 0.50 0.00 18.87 0.50 45 001 70 2 Prof 20 PRAR 06/07/05 - 0.50 0.00 18.87 0.50 45 001 70 2 Prof 20 PRAR 06 /08/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 06/09/05 0.50 0.00 18.87 0.50 45 001 70 - 2 Prof 20 PRAR 06110.105 0.50 0.00 18.87 0.50 Ton/: 3.00 0.00 113.22 3.00 AMD) David Bamesberger -- Time Sheet *: 9054 Period: 06 /13/05 •06/19105 Original oicct Bill Cr� Plisse Dranc CstTy)7c Task St1Type Pita Rye Ho OT Hn Cco t Bill Hre 45 001 70 2 Prof 20 PRAR D6/13/05 0.50 0.00 18.87 0.50 45 001 70 2 Prof 20 PRAR D6116/05 1.00 0.00 37.74 LD0 Tan/: 1.50 D.00 56.61 1.50 AMD) David Bamesberger •- Time Sheet*: 9081 Period: 06/20105 - 06/26/05 Original oiccd BillCrP Phase Branch Cst_Type Task SttTyl?C DAG Rim Hn OT Ws CQS BilltLs 45 001 70 2 Prof 20 PRAR 06/20,105 L00 0.00 37.74 1.00 45 OOl 70 2 Prof 20 PRAR 06/21/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 06/22/05 1.00 0.00 37.74 1.00 45 001 70 2 Prof 20 PRAR 06/23.05 0.50 0.00 18.87 0.50 45 001 70 2 Prof 20 PRAR 06,"24/05 0.50 0.00 18.87 0.50 - Total: 4.00 0.00 150.96 4.00 AMD] David Bamesberger -- Time Sheet *: 9106 1---k 06/27/05 - 07/03/05 Original °,- BilGro nw Bra-eb CslTvoe luk Stan 2M Reg Hrs OT S99 Bill HIS 45 001 70 2 Prof 20 PRAR 06/27/05 0.50 O.OD 18.87 0.50 45 001 70 2 Prof 20 PRAR 06/28/05 3.50 0.00 132.09 3.50 45 001 70 2 Prof 20 PRAR 06/29/05 1.50 0.00 56.61 1.50 45 001 70 2 Prof 20 PRAR 06 /30/05 1.50 0.00 56.61 1.50 45 001 70 2 Prof 20 PRAR 07/01/05 1.50 0.00 56.61 1.50 TOW. B.50 0.00 320.79 8.50 AMD] David Bamesberger -- Time Sheet #: 9140 Period: 07/04.105 - 07/10/05 - Original 91e9 Bill Phi Branch tCs Tvoo Task StfT Dato &8-0 OT Sag Bill Mrs 45 001 70 2 Prof 20 PRAR 07/06/05 - 0.50 0.00 18.87 0.50 45 001 70 2 Prof 20 PRAR 07/08105 0.50 0.00 18.87 0.50 Tomb. 1.00 0.00 37.74 1.00 AMD] David Bamesberger -- Time Sheet #: 9151 Period: 07/11/05 - 07/17/05 rated on 11127/06 ai 4:12:30PM t>ortiosPeriod Agenda Item No. 15� 49.mroa to 1126ro6 January 23, 2 Pag IM ReCOr( m: Original Cost Rate and Original Billable Rate dection: bg -ph (Project ID Equal To'0145' ?) and (Billing Group ID Equal TO'OOl'?) and (Phase ID Equal To'70'?) LAND) David Bamesberger - Time SheetN: 9151 (continued) Original Rm Hn 41441 BiHGw am Bran CstTvoe T1L4 St(T5W. a= 45 001 70 2 Prof 20 PRAR 07/12/05 45 001 70 2 Prof 20 PRAR 07/14/05 45 - OOL 70 2 Prof 20 PRAR 07/15/05 4LHa QM Bill HM 1.50 0.00 T.W. AMD] David eamesberger -- rime Sheet#: 9202 3.00 0.00 133.22 3.00 1.00 Period: 08/01/05 - 08/07/05 37,74 1.00 1.00 0.00 37.74 oje-t. 41-000 Phase Branch Cs<TMx Task SttT_ype pAk 45 001 70 2 Prof 20 PRAR 08/01/05 45 001 70 2 Prof 20 PRAR 08/02/05 45 001 70 2 Prof 20 PRAR 08/03/05 45 001 70 2 Prof 20 PRAR 08/04/05 45 001 70 2 Prof 20 PRAR 08,!05105 6.00 Original Total: AMD) David Bamesberger -- Time Sheet#: 9233 C.-M gal trm 1.00 0.00 37.74 Period: 08/08/05 - 08/14/05 2.50 0.00 94.35 2.50 2.00 ci- Bt'Bf3ro Ebw BrIn h SaSIYP4 TAtli 0.00 DW 45 001 70 2 Prof 20 PRAR 08/09/05 45 003 70 2 Prof 20 PRAR 08/10/05 45 001 70 2 Prof - 20 PRAR 08/11/05 45 001 70 2 Prof 20 PRAR 08/12/05 L.DO 2.00 0.00 75.48 2.DO Taal AMD] David Bamesberger -- Time Sheet #: 9265 75.48 2.00 5.50 0.00 207.57 Period: 08/15/05 - 0821/05 oi- Bill r p ffigfe Branch CstTvoe Task 4ttType to 45 001 70 2 Prof 20 PRAR 08115/05 45 001 70 2 Prof 20 PRAR 08/16/05 45 001 70 2 Prof 20 PRAR 08/[7105 45 001 70 2 Prof 20 PRAR 08/18/05 45 001 70 2 Prof 20 PRAR 08/19/05 Total: AMDj David Bamesberger -- Time Sheet#: 9272 Period: 081=05 - 0&28105 oiect Bi1ICro h ea Branch CstTvoe T-Uk Stffyp Pa 45 001 70 2 Prof 20 PRAR 08,23105 45 001 70 2 Prof 20 PRAR 08/24/05 45 001 70 2 Prof 20 PRAR 0 &7S /05 45 001 70 2 Prof 20 PRAR 0826105 Tout: inted on I 1127/06 at 4412.MPM Original Rm Hn OT Hn Sit fc,11Bu 2.00 0.00 75.48 2.00 2.00 0.00 75.48 2.00 0.50 0.00 1817 0.50 4.50 0.00 169.83 4.50 r Original RCKFIa 4LHa QM Bill HM 1.50 0.00 56.61 1.50 3.00 0.00 133.22 3.00 1.00 0.00 37,74 1.00 1.00 0.00 37.74 1.00 1,00 0.00 37.74 1.00 7.50 0.00 283.05 7.50 Original Reg Rrs C29 BW Fir; 2.DO 0.00 75.48 2.00 2.D0 0.00 75.48 2.00 1.00 0.00 37.74 L.00 IDO 0.00 37.74 L. DO 6.00 0.00 226.44 6.00 Original ¢c8 Hn 41 C.-M gal trm 1.00 0.00 37.74 1.00 2.50 0.00 94.35 2.50 2.00 0.00 75.48 2.00 3.50 0.00 132.09 3.50 3.00 0.00 113.22 3.00 12.00 0.00 45288 1200 . Original tcl OTHrs cm BillHn 0.50 000 18.87 0.50 1.00 0.00 37.74 L.DO 2.00 0.00 75.48 2.DO 2.00 0.00 75.48 2.00 5.50 0.00 207.57 5.50 twrdng Period: 09/27/04 to 11/26106 Agenda Item No. I January 23, 2 Pag'Piffifg Vecon ^-iginal Cost Rate and Original Billable Rate r: bB-pb - .. ,AToject [D Equal To V1457) and (Billing Group ID Equal To'001'?) and (Phase tD Equal To'70"') AMD1 David Bamesberger -- Time Sheet#: 9318 Period: 08/29/05 - 09/04/05 oleo Ban S2tp Phaaa Branch CstTvee Task S Daw i3sa� OT tin � Bill 115 45 001 70 2 Prof 20 PRAR 09/29/05 2.00 0.00 75.48 2.00 45 001 70 2 Prof 20 PRAR 08/30/05 2.00 0.00 75.48 2.00 45 001 70 2 Prof 20 PRAR 08131/05 2.50 O.OD 94.35 2.50 45 001 70 2 Prof 20 PRAR 09/01/05 1.00 0.00 38.49 1.DO 45 001 70 2 Prof 20 PRAR 09/02/05 1.00 0.00 38.49 1.00 Total: 8.50 0.00 322.29 8.50 AMD] David Bamesberger -- Time Sheet#: 9342 Period: 09/05105 - 09/11105 oiect Bal Phase Bran CstTwe Task StfrVVc Pita Rea Hrl 42.if[Sa Bill 45 001 70 2 Prof 20 PRAR 09106105 1.DO O.OD 38.49 1.00 45 001 70 2 Prof 20 PRAR 09/07/05 1.00 0.00 38.49 1.DO 45 001 70 2 Prof 20 PRAR 09108/D5 2.00 0.00 76.97 2.00 45 001 70 2 Prof 20 PRAR 09/09/05 1.00 0.00 38.49 1.00 Tow/: 5.00 0.00 192.44 _ 5.00 AMD) David Bamesberger -- Time Sheet#- 9389 Period: 09112105 - 09/18/05 Oriow oiect Bill se Branch CstTvoe Task S.LiTYmc DAR ticetiu OT Hn tQU 1lilltia 45 001 70 2 Prof 20 PRAR 09/16/05 1.00 0.00 38.49 1.00 Total: 1.00 0.00 38.49 1.00 AMD) David Bamesbarger -- Time SheeW 9386 Period: 09/19/05 - 09125!05 Original Bularfl Plms Branch ]pe Task StfType Date Feaiig 4TI3Q to Bill 4- 001 70 2 Prof 20 PRAR D9/19/05 1.50 0.00 57.73 1.50 45 OOL 70 2 Prof 20 PRAR 09/20/05 2.00 0.00 76.97 2.00 45 001 70 2 Prof 20 PRAR 09123/05 0.50 0.00 1914 0.50 Tout. 4.00 0.00 153.94 4.00 AMD) David Bamesberger -- Time Sheet #: 9415 Period: 09/26/05 - 10/02/05 - Original Qte�t Bi1IGro )'1>m Branch catTym .Talk serwe no lioz QTlia tau 901Hrs 45 ODl 70 2 Prof 20 PRAR 09126/05 1.00 0.00 38.49 1.00 .45 001 70 2 Prof 20 PRAR 09/27/05 200 0.00 76.97 2.00 45 001 70 2 Prof 20 PRAR 09/28/05 2.00 0.00 76.97 2.00 45 001 70 2 Prof 20 PRAR 0929/05 1.00 0.00 38.49 1.DO 45 001 70 2 Prof - 20 PRAR 09/30/05 1.50 0.00 57.73 1.50 Tour 7.50 0.00 288.65 7.50 ^� AMD] David Bamesberger - Time Sheet#: 9428 Period 10/03 /05 - 10109/05 nted on IIR7/06 at 4-1230PM porting P Agenda Item No. 1811' 09/27/04 to 11/26106 January 23, 2 Pagylhi@ ff con u: Original Cost Rate and Ongiu d Billable Rate 4ection: bg-ph (Project ID Equal To '01457) and (Billing Group 1D Equal To'001' ?) and (Phase ID Equal To 70' ?) ;AMD] David Barnesberger - Time Sheet#: 9428 (continued) Original Ow BMQM Phase Bran stC Typ£ Task StfTyRe MU &aHa 4IHm C= Big 45 001 70 2 Prof 20 PRAR 10/04/05 1.50 0.00 57.73 1.50 45 001 70 2 Prof 20 PRAR 10/05105 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 10/06/05 1.00 0.00 38.49 1.00 Toil: 3.50 0.00 134.71 3.50 AMD) David Bamesberger -- Time Sheet#: 9444 Period: 10110105 - 10/16/05 Original oe BiiUGYu alARK Branc CS Tit Stu)yc D= Re, Hot QTHr; Call Bill HM 45 001 70 - 2 Prof 20 PRAR 10110/05 2.00 000 76.97 2.00 45 001 70 2 Prof 20 PRAR 10111105 1.50 0.00 57.73 1.50 45 001 70 2 Prof 20 PRAR 10/12/05 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 10/13/05 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 10/14105 1.50 0.00 57.73 1.50 T.W 7.00 0.00 269.41 7.00 AMDI David Bamesberger -- rime Sheet#: 9488 Period: 10/17/05 - 10123/05 _ Original oiect Bil]Gry Phase Branch CstTvoe Task Stfrvoe Daw Rye .Hi OT Km Ct BigHn .45 001 70 2 Prof 20 PRAR 10 /17/05 100 0.00 115.46 3.00 45 001 70 2 Prof 20 PRAR 10/18/05 2.50 0.00 96.21 2.50 45 001 70 2 Prof 20 PRAR 10/19/05 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 10/20/05 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 1011-3105 0.50 0.00 19.24 0.50 row: 8.00 0.00 307.89 8.00 AMD] David Bamesberger - Time Sheet#: 9490 Period: 10124105 - 10/30/05 - Original oieot B Phase Q CstT a Task Stf ril, Qatn Ratite yr C= Bill Hn 45 001 70 2 Prof 20 PRAR 1027/05 3.50 0.00 134.70 3.50 45 001 70 2 Prof 20 PRAR 1028/05 6.00 0.00 230.91 6.00 ToW: 9.50 0.00 365.61 9.50 AMD] Davld Bamesberger -- Titus Sheet#: 9506 Period: 1013 1105 - 1 1/06105 Original MA Bill Phase BranLE CstT-vpc Task t5 ffvps Pats &a &a OT Ssel B611 tin 45 001 70 2 Prof 20 PRAR 10/31/05 5.00 0.00 19243 5.00 45 001 70 2 Prof 20 PRAR 11/01/05 1.00 0.00 38.49 1.00 Tow: 6.00 0.00 230.92 6.00 AMD] David Bamesberger -- TRne Sheet#: 9543 Period: I1 /07105 - 11/13/05 Original o'ec BilIGM PWA Branc Cst_ Type Task StfT _Dja RMil¢ 9T His 999 Bill Ho - Wed on 11127/06 at 4.1230FM porting Period: 09,27104 to 11126106 Agenda Item No. 10 January 23, 2 Y PagTlffi@f ffeCOr( P-0- iginal Cost Rate and Original Billable Rate :bg-ph *ct ID Equal To '0145":') and (Billing Group ID Equal To'0017) and (Phase ID Equal To '70'?) AMD] David Bantesberger - Time Sheet#: 9543 (continued) Original oiw awn Ehm Branch C91M - Task SjMTc Pala RtsHa 011ia Colt Hill Hre 45 DOI 70 2 Prof 20 PRAR 11/07/05 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 PRAR 11,09105 0.50 0.00 1914 0.50 45 001 70 2 Prof 20 PRAR 11/10/05 1.00 0.00 38.49 1.00 45 DDI 70 2 Prof 20 PRAR 11/11/05 0.50 0.00 19.24 0.50 Total: 2.50 O.OD 96.21 2.50 AMD) David eamesberger -- Time Sheet#: 9567 Period: 11/14/05 - 11/20/05 Original pjCM B-WM PlIM Branch CstT Task S 20 Rea t 9L►i S9a Bill Fla 45 001 70 2 Prof 20 PRAR 11/14/05 0,50 O.DD 19.24 0.50 45 001 70 2 Prof 20 PRAR 11/15/05 0.50 O.OD 19.24 0.50 45 001 70 2 Prof 20 PRAR 11/16105 -- 1.00 O.OD 38.49 IAO 45 001 70 2 Prof 20 PRAR 11/18/05 0.50 O.OD 19.24 0.50 Total: 2.50 0.00 96.21 2.50 AMD] David Bamesberger -- Time Sheet#: 9568 Period: 11/21/05 - 11/27105 Original Oi- - Bit EE1414 Branch C Task St fype 20 P= H-n O THM con Bill rt 45 001 70 2 Prof 20 PRAR 11/21/05 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 PRAR 11/22/05 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 11/23/05 0.50 0.00 19.24 0.50 Tad: 100 0.00 76.97 2.00 AMD] David Bamesbarger -- Time Sheet#: 9582 Period: 11.28105 - 12/04/05 •-_ Original Bi1LM P_hm Brea Cst Tllak StfTvoe Pas Rc,Hn OT Ha Cost BillHts 43 001 70 2 Prof 20 PRAR 11/30/05 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 12/01/05 1.50 0.00 57.73 1.50 Total: 2.50 0.00 9612 2.50 AMDj David Bamesberger -- Time Sheet#: 9632 Period: 12/05/D5 - 12/11/05 original oieot Biligm Phase Branch CstTvoe Stffvoe palk Pwa Hrs OT Fin -CA111 Bill Hn 45 001 70 2 Prof 20 PRAR 12/05/05 3.00 0.00 115.46 3.00 45 001 70 2 Prof 20 PRAR 12/06105 2.50 0.00 96.21 2.50 45 001 70 2 Prof 20 PRAR 12/07/05 1.50 0.00 57.73 150 45 001 70 2 Prof 20 PRAR 12/08/05 LOD 0.00 38.49 LOO 45 001 70 2 Prof 20 PRAR 12/09105 1.50 0.00 57.73 L-10 Tow 9.50 O.OD 365.62 9.50 AMD] David Bamesbarger -- Time Sheet#: 9649 Period: 12/12105 - 32/18/05 rated on 11/17/06 at 4:12:30PM ponjug Period_ Agenda Item No. 1S{fY 09/27/04 to 1126106 January 23, 2 PagVW'Recor( se: Original Cost Rate and Original Billable Rau dection:bg -ph (Project 1D Equal To'0145' ?) and (Billing Group 1D Equal To'001' ?) and (Phase 1D Equal To'70'?) :AMD] David Bamesbergcr -- Time Sheet#: 9649 (continued) Original 9*1 Bill Phase Branch COT vtx Teak StfTwe Pas BeaHra OT Nn C9.9 Bill HTs 45 001 70 2 Prof 20 PRAR 12112/05 1.50 0.00 57.73 1.50 45 001 70 2 Prof 20 PRAR 12/13105 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 12/14/05 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 PRAR 12/16/05 0.50 O.DO 19.24 0.50 Total 3.50 0.00 134.70 3.50 AMD] David 8amesberger - Time Sheet#: 9650 Penod: 12/19/05 - 12:25/05 Original oiect Bill p Phase Branch Cst� Tack Stfrwe Ra P�Hu OT <% Ss6 Bill M. 45 001 70 2 Prof 20 PRAR 12/19/05 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 12/20/05 1.00 0.00 38.49 1.00 Twat 2.00 0.00 76.98 2.00 AMD] David Bamesberger -- Titne Sheet#: 9684 • Period: 01/02/06 - 01/08/06 Original pied Bil]Gm Phase Branc CstTvve Iuk Stffype Daic ft Hrs _ QT Hry Cost Bill Hrs 45 001 70 2 Prof 20 PRAR 01103!06 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 PRAR 0VO4/06 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 PRAR 01/05106 1.00 0.00 38.49 1.00 45 001 70 2 Prof 20 PRAR 01,,O&D6 1.00 0.00 38.49 .1.00 Taal: 3.00 0.00 115.46 3.00 • AMD] David BamesbeMer -- Time Sheet#: 9731 Period: 01/09/06 - 01/15/06 Original oied Bill Phase Branch Cst�zx Task SS P4& BcsHts QT Rrs C99 13,11 Hrs 45 001 70 2 Prof 20 PRAR 01113/06 0.50 0.00 19.24 0.50 Total: 030 0.00 1914 0.50 AMD] David Bamesberger -- Tame Sheet #: 9768 Period: 01116 106 - 01,122106 Original oiect Bil]GTD Phase Branch CstTcrDe Task Daft 4m Hn OT 0-011 H 11 H 45 001 70 2 Prof 20 PRAR Ol/l9 /06 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 PRAR 01/20/D6 1.00 0.00 38.49 1.00 Total: 150 0.00 57.73 1.50 -_ AMD] David Bamesberger -- Time Sheet #: 9769 Period: 01/23.06 - 0129/06 Original oied BiBG1T Phase Branch CstTvne Task Stfrype Qau Reg Ho OTHrs C.nr3 Bill 45 001 70 2 Prof 20 PRAR 01/24/06 0.50 0.00 19.24 - 0.50 45 001 70 2 Prof 20 PRAR 0112-5.106 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 PRAR 01!26.106 0.50 0.00 19.24 0.50 Total: 1.50 0.00 5772 1.50 mtcd on 1127/06 at 4 1230P Qorting Period: 09/27104 to 11/26(06 Agenda Item No. 1 �%Sw January 23, 2 T' Pagylfpf '(COI"( va)riginal Cost Rate and Original Salable Rue u bg-Ph roject ID Equal To '01451) and (Billing Group ID Equal To'001'7) and (Phase ID Equal To'70' ?) AMD] David Bamesberger -- Time Sheet#: 9793 Period: 01-50106 - 02/05/06 Original Bill °tact � Phase Btaneh CEtTvoe Task 5-� l2etn BGalitt OT C= Bill H 45 001 70 2 Prof 20 ASSOC 02/02/06 0.50 0.00 19.24 D.50 45 001 70 2 Prof 20 ASSOC 02/03/06 D.50 0.00 19.24 0.50 Toad: 1_00 0.00 36.48 1.00 AMD) David Bamesberger -- Time Sheet#: 9812 Period: 02/06/06 - 02/12!06 DjeC[ BillGrp Ela#E Branch C t Yp� T.99{[ D-aa Reg Mrs OLHta cm Bill Rrs 45 001 70 2 Prof 20 ASSOC 02106/06 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 ASSOC 02/07/06 D.50 0.00 19.24 0.50 45 001 70 2 Prof 20 ASSOC 02/08/06 2.50 0.00 %.21 2.50 45 001 70 2 Prof 20 ASSOC 02/09/06 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 ASSOC 02/10/06 0.50 0.00 19.24 0.50 Tonal: 4.50 0.00 173.17 4.50 AMD1 David Bamesberger -- Time Sheet#: 9813 Period: 02/13/06- 02/19106 - Original oieat Bil_ ICnp Phase Branch CstTIMe Tic SttTtme P= Rea Hn OTHra CASI Bill F{n 45 001 70 2 Prof 20 ASSOC 02/13/06 3.00 O.OD 115.46 3.00 .45 001 70 2 Prof 20 ASSOC 02/14106 3.50 0.00 134.70 3.50 45 001 70 2 Prof 20 ASSOC 02115,06 0.50 0.00 19.24 0.50 45 001 70 2 Prof 20 ASSOC 02116/06 0.50 0.00 19.24 0.50 Tonal: 7.50 0.00 289.64 7.50 AMD1 David Bamesberger -- Time Sheet *: 9867 PS": 02/20106 - 02/26/06 MW brand CstTM Ink &tam PA9 Reg 11, OT H3 ginal Ori C= Bill Hn 45 ODl 70 2 Prof 20 ASSOC 02!23/06 0.50 0.00 1914 0.50 - Toml: 0.50 0.00 1914 0.50 -� AMD) David Bamesberger -- Time Sheet/: 9888 Period: 02/27/06 - 03;05!06 QLeg B1110M P!!n tf $SJ16fh CstTvoe iuk S[frwe 1� B&SHl1 OTHro Ongmal ��w ...o. Bill Hzs 45 001 70 2 Prof 20 ASSOC 02/28/06 0.50 0.00 19.58 0.50 Tow: 0.50 0.00 19.58 0.50 AMD) David Bamesberger -- Time Sheet#* 9889 Period: 03/06/06 -03/12/06 Original Qiw BilIGrn Phase Branch CstT3T Task Mw Date Rly 1in OT Hrs ct Bill Hrs 4S 001 70 2 Prof 20 ASSOC 03106106 1.00 0.00 39.16 1.00 45 001 70 2 Prof 20 ASSOC 03/08/06 1.00 0.00 39.16 1,00 45 001 70 2 Prof 20 ASSOC 03109/06 0.50 0.00 19.58 0,50 45 001 70 2 Prof 2D ASSOC 03/t0/06 I,DO 0.00 39.16 1.00 .led - 11/27/06 er 4:12:30PM ponmg Period: 09/27/04 to 11/26/06 .Agenda Item No. 1��SW January 23, 2 PagTif ef Necon se: Original Cost Rate and Original Billable Rate :lection bg -ph (Project ID Equal To '0145' ?) and (Billing Group ID Equal To'001'7) and (Phase ID Equal To 70"t) Tony 3.50 0.00 137.06 3.50 AMD] David Bamesberger -- Time Sheet#,. 9915 Period! 03! 13106 - 03/ 19./06 Original °sect BRIGw Phase Branc ! 531 TA41S SriT -DAV@ Rcs }3a 4THO Sffi 1311 t 45 001 70 2 Prof 20 ASSOC 03/13/06 0.50 0.00 19.59 0.50 45 001 70 2 Prof 20 ASSOC 03/14/06 0.50 0.00 19.58 030 45 001 70 2 Prof 20 ASSOC 03/15/06 1.00 0.00 39.16 1.00 45 001 70 2 Prof 20 ASSOC 03/17/06 1.00 0.00 39.16 1.00 Ton!: 3.00 0.00 117.49 3.00 �- AMDJ David Bamesberger -- Time Sheet#., 9945 Period: 03,20/06 - 03/26/06 Original Rica Bill EIS lak S 9111 & S+ OT Hrs S�1 8111 H t 45 001 70 2 Prof 20 ASSOC 03!22106 0.50 0.00 19.58 0.50 45 OOl 70 2 Prof 20 ASSOC 0323/06 1.50 0.00 58.74 1.50 Total: 2.00 0.00 78.32 2.00 AMD] David Bamesberger -- Time Sheet#: 9962 Period: 03/27/06 - 04102106 Original Rica Bil_ IGro Phase Branch Cst_T�=e Task StmT D= Hss Hm OT Hn (7,00 Bill Hn 45 001 70 2 Prof 20 ASSOC 0327106 0.50 0.00 19.58 0.50 45 001 70 2 Prof 20 ASSOC 03/30106 0.50 0.00 19.59 0.50 Tow; 1.00 0.00 39.16 _ 1.00 AMD) David Bamesberger -- Time Sheet#: 9985 Period: 04/03/06 - 04/09/06 Original Qi= Billow Phm Branch C Trask Stffvoe _D_gs R aHin OT Hss Csst pal 45 001 70 2 Prof 20 ASSOC D4106/06 1.00 0.00 39.16 1.00 45 001 70 2 Prof 20 ASSOC D4107/06 1.00 0.00 39.16 1.00 - Total: 2 D 0.00 78.32 2.00 AMD] David Bamesberger -- Time Sheets: 10008 Period: 04!10/06.04/16106 Original oiect Bilk Phase B CstLVRc Task Din Bcs Ho 4T1Tn cssl Bill Hrt 45 001 70 2 Prof 20 ASSOC 04 /12/06 0.50 OAO L9.58 0.50 45 001 70 2 Prof 20 ASSOC 04/34/06 0.50 0.00 19.58 0.50 - Toni: 1.o0 0.00 39.16 1.00 -� AMD] David Bamesberger -- lime Sheets: 10031 Penvd: 04117/06 - 04!'23,106 Original . Qj rt MOM Phase Branch Cst Tyke Task SS DOE PC, Hn Orr Hrs cm Bi l H" 45 001 70 2 Prof 20 ASSOC 04/20/06 0.50 0.00 1938 0.50 Tout: 0.50 0.00 19.58 0.50 -� AMD) David Bamesberger -- Time Sheet #: 10062 cored on 11/27N6 at 4,12:30P61 porting Period: 09,127/04 to 1 in6/06 Agenda Item No. XSW January 23, Pag�.r' =jPf sued oe 11 /27A)6 at 4.12.30PM i 1�ecor( " "- igianl Cost Rate and Original Billable Rate r: bg-ph ,rrojecr ID Equal To'0145' ?) and (Billing Group ID Equal To'001'?) and (Phase ID Equal To'70' ?) Period: 05/08/06 - 05/14/06 Original orxt Bi11Gro Phase Branch CarTwe Tt1:k MIT 20 I= Hrs 2112 rM Bill w. 45 rill 70 2 Prof 20 ASSOC 05108/06 1.50 0.00 58.74 1.50 45 001 70 2 Prof 20 ASSOC, 05X19/06 0.50 0.00 19.58 0.50 .45 001 70 2 Prof 20 ASSOC 05/10/06 0.50 0.00 19.58 0.50 Tool: 2.50 0.00 97.90 2.50 �w AMDI David Bamesberger - Time Sheet#: 10091 Period: 05115106 - 0512U06 Original otect BAwft EbAs Brand, CstT}n Task SffM Data 6raiia OT Nn Csu Sin 45 DOI 70 2 Prof 20 ASSOC 05 /18/06 0.50 0.00 19.58 0.50 Total: 0.50 0,00 19.58 0.50 AMD] David Bamesberger -- Time Sheets- 10139 Period: 05/29/06 - 06/04/06 Biller hP use BF+! t�6 S.Jt T@ik 61M BEiHrt 2Ztiu Original Bill Hn 45 001 70 2 Prof 20 ASSOC 05/31/06 0.50 0.00 19.58 0.50 45 001 70 2 Prof 20 ASSOC 06/01/06 0.50 0.00 19.58 0.50 - I'otd: 1.00 0.00 39.16 1.00 AMD] David Bamesberger -- Time Sheet#: 1 D1 68 Period: 06/05/06 - 06/1 1/06 21691 Bill bm Branch Goff TAk SdTwe Date ResHn QI}3a Original Cal Bill Hrs 45 001 70 2 Prof 20 ASSOC 06X)5/06 1.00 0.00 39.16 1.00. 45 001 70 2 Prof 20 ASSOC 06106X16 0.50 0.00 19.58 0.50 - 45 001 70 2 Prof 20 ASSOC 06/08106 0.50 0.00 19.58 0.50 Total: 2.00 0.00 78.32 2.00 -� )avid Bamesberger -- Time Sheet#: 1 D237 Penod: 06/26/06 - 07/02/06 gj= Bill r �r Phase Brafto CAT"e Task � �8 Fin Off. Fi3 Original cog bill Fi 45 ODl 70 2 Prof 20 ASSOC 06,'30/06 0.50 0.00 19.58 0.50 Total: 0.50 0.00 19.58 0.50 AMD) David Bamesberger -- Time Sheet#: 1 D269 Period: 07/03/06 - 07/09X16 - otect iIIG= 1'he9e Bond CstTvoe TRA SIM= P& Reg Hes 4THm Original Sal Bill 45 001 70 2 Prof 20 ASSOC 07/05/06 0.50 0.00 19.58 0.50 45 001 70 2 Prof 20 ASSOC 07/07/06 1.00 0.00 39.16 1.00 Total: 1.50 0.00 58.74 1.50 AMDI David Bamesberger -- Time Sheet#: 10663 Period: 10,123/06 - 10129106 oiect Bill Cxo Phase Branch - CstTyp a Task StfTVDe Dare F - QT-ffn Original cm BillHls sued oe 11 /27A)6 at 4.12.30PM porting Period: 09/27/04 to 11126106 ;e: Original Cost Rare and Original Billable Rate election: bg -ph (Project ID Equal To '0145"?) and (Billing Group ID Equal To '001'?) and (Phase 1D Equal To'70'?) 'AMD] David Barnesberger - Time Sheetg: 10663 (continued) Original lie8� oiect BillGro Ell= Branch Cstiae Task S Dale 45 001 70 2 Prof 20 ASSOC 10,23/06 TOO Original 5.00 Rea lira OT Firs Total: ONC] Claudia Rancorord -- Time Sheet #: 8325 1.DO 0.00 19.83 1.00 1.00 Period: 09127104 - 10/03/04 19.81 1.00 Original oieat BiBGrro - Phase Branch stT a Task S 21M 45 001 70 2 Prof 26 CADD D9127/04 5.00 5.50 0.00 108.94 5.50 Total: ONC] Claudia Roncorortl - Time Sheet #: 8478 79.23 4.00 19.00 0.00 376.34 Period: 11/15104 - 11/21/04 Original R.:e Hn 9iect BilCnp Phase Branch CstTyte Task S_ tffvac Pats 45 001 70 2 Prof 41 CADD 11/151D4 45 001 70 2 Prof 41 CADD 111-16/04 45 001 70 - 2 Prof 41 CADD 17!17/04 45 001 70 2 Prof 41 CADD 11/18104 Total: ONC] Claudia Roncoroni -- Time Sheet#: 8479 Period: 11/22/04 - I1128 /04 oiea BiIIQM pbW Branc Cst7'YPS: Task Stffype Da. 45 001 70 2 Prof 41 CADD 1 V23/04 45 001 70 2 Prof 41 CADD IIi24'04 Total: ONC] Claudia Roncoroni -- Time Sheet #: 8497 Period: 11/29104 - 12/05/04 oiect iB 11Gro ftm Branch Cstt Task StMT Pis 45 001 70 2 Prof 41 CADD 11/29/04 Taal: ONC] Claudia Roncoroni -- Time Sheet#: 8525 Period: 12706/04 - 12/12/04 olect Billcffp Phase Branch CstTyoe Task Stffvoe 45 Out 70 2 Prof 41 CADD 12/08/04 45 001 70 2 Prof 41 CADD 12/09/04 45 Out 70 2 Prof 41 CADD 12/10/04 Total: ONC] Claudia Roncoronil -- Time Sheet #: 6534 Period: 12/13/04 - 12/19/04 14 Billet Phase Branch CstType Task Stffvoe 20 - .t.d oo 1 127/06 at 4: 12:30PM Agenda Item No. 1d" VY January 23, 2 PagTlfil@ $PeCOC( Original RegI oTTlra last DMILS 7.00 0.00 138.65 7.00 700 0.00 138.65 7.00 Original lie8� QTR cm 111Lt lax 0.50 0.00 19.95 0.50 030 0.00 19.95 0.50 5.00 TOO Original 5.00 Rea lira OT Firs r= Bill 1.DO 0.00 19.83 1.00 1.00 0.00 19.81 1.00 Original BQC11II OT Hn S= Bill Fln 4.50 0.00 89.13 4.50 5.00 0.00 99.04 5.00 5.50 0.00 108.94 5.50 CDO 000 79.23 4.00 19.00 0.00 376.34 19.00 Original R.:e Hn OT Hn C29 Bill Hrs 1.00 O.OD 19.81 1.00 1.00 0.00 - 19.81 L.DO 2.00 0.00 39.62 2.00 Original RegI oTTlra last DMILS 7.00 0.00 138.65 7.00 700 0.00 138.65 7.00 Original Res-tin V17115 Con Bill Hrs 6.50 0.00 128.75 6.50 4.50 O.OD 89.13 4.50 5.00 TOO 99.04 5.00 16.00 0.00 316.92 16.00 _- original Reg Hm OT Hts Se51 !}il.iYs Ponies Period: 09127104 to 11/26/06 iginal Cost Rate mid Original Billable Rate bg-ph oject ID Equal To'0145'?) and (Billing Group ID Equal To'001' ?) and (Phase ID Equal To'7D' ?) Agenda Item No. VRIZ January 23, 2 Pagfiffid Kecor( - ONC] Claudia Roncoroni -- Time SheetN: 8534 (continued) - - Original Qje_(c Bill Phase Branch CstTwe Task Stfrwe P& Reg Bra ffL&a CQK Bill Nis 45 001 70 2 Prof 41 CADD 12/13/04 0.50 0.00 9.90 0.50 45 001 70 2 Prof 41 CADD 12/15/04 1.50 0.00 29.71 1.50 45 001 70 2 Prof 41 CADD 12/16/04 0.50 0.00 9.90 0.50 45 001 70 2 Prof 41 CARD 121171D4 0.50 0.00 9.90 0.5D Total: 3.00 0.00 59.41 3.OD -_ ONC] Claudia Roncoroni -- Time Sheet#: 8561 Period: 12!20/04 - 12126/04 Original 4th Bilicity Phase Branch CstTwe Task StfTwe Dim RQ2 OT Hn Ssu Bill 45 001 70 2 Prof 41 CADD 12/22/04 1.50 0.00 29.71 1.50 45 001 70 2 Prof 41 CADD 12/23/04 1.00 0.00 19.81 1.00 Taal: 2.50 0.00 49.52 2-50 ONC] Clauefla Roncorard -- Time Sheet #: 8552 Period: 12/27/04. 01 /02/05 Original Dkg BUIGro Phase Brancb Cal_Ty T"k SICEjv 2= Reg Hm OT Hm Ca9 Bpi HE 45 Dot 70 2 Prof 41 CADD 12127104 4.50 0.00 89.13 4.50 45 001 - 70 2 Prof 41 CADD IV28!04 7.00 0.00 138.65 7.00 45 001 70 2 Prof 41 CADD 12/29104 100 0.00 39.62 2.00 To4d: 1350 0.00 267,40 13.50 ONC] Claudia Roncoronl -- rime Sheet #: 8614 Period: 01110!05 - 01/16105 Original oiect Bill Gm Ph= Branch CstTwe Task StfTwe PM M, Hrt OT His L= BillHm 4- ool 70 2 Prof 41 CADD 01/13/05 2.50 OM 49.52 2.50 Total: 2.50 0.00 49.52 2.50 ONC] Claudia RoncorciN -- Time Sheet #: 8675 Period: 0 113 1 /D5 - 02/06105 - Original of ce t "ca. Phase Bran CstTwe I45k StfCvoe Dgft Res His t3THn con Bill 45 001 70 2 Prof 41 CADD 02/04/05 1.00 0.00 19.81 1.00 Total: 100 0.00 19.81 1 D ONC] Claudia Rancoroni -- Time Sheet#: 6701 Period: 02/07/05 - 02113/05 Original oiec BMGm pha- Brinic CstT Task Stfryt) TRAM A_+.zHn TKra Caen Binxrs 45 001 70 2 Prof 41 CADD 02!07105 0.50 0.00 9.90 0.50 45 001 70 2 Prof 41 CADD 02/08/05 5.50 0.00 108.94 5.50 45 001 70 2 Prof 41 CADD DVO9105 1.50 0.00 29.71 1.50 Told: 7.50 0.00 148.55 7.50 ONC] Claudia Roncoroni -- Time Sheet#: 8708 Period: 02114105 - 02/20/05 acted on 11/27/06 at 4.1230PM Votes Period: 09/27/04 to 11126/06 Agenda Item No. 1JYV January 23, 2 PagTiffiL4 IfeCOr( ic: Original Cost Rate and Original Billable Rate election: bg -ph (Projoa ID Equal To Y01457) and (Billing Group ID Equal To '001'7) and (Phase 1D Equal To'707) .ONC] Claudia Roncoroni - Time Sheetk: 8706 (continued) Original 41-481 Bi1Gm Phm Branch CstTvoe Lk Stf7_ 128s Bps Hrs OT He Loll 13ill1iu 45 001 70 2 Prof 20 CADD 02/15/05 2.00 0.00 39.62 2.00 45 001 70 2 Prof 22 CADD 02/14/05 1.50 0.00 29.71 1.50 45 001 70 2 Prof 32 CADD =6105 2.50 0.00 49.52 2.50 45 001 70 2 Prof 32 CADD 02/17/05 6.00 0.00 118.85 6.00 45 001 70 2 Prof 32 CADD 02/18/05 3.50 0.00 6933 3.50 45 001 70 2 Prof 41 CADD 02/14/05 3.00 0.00 59.42 3.00 45 001 70 2 Prof 41 CADD 02/16/05 2.00 0.00 39.62 2.00 45 00t 70 2 - Prof 41 CADD 02/17/05 2.00 0.00 39.62 2.00 45 001 70 2 Prof 41 CADD 02'18105 2.50 0.00 49.52 2.50 TOW' 25.00 0.00 495.21 ONC] Claudia Roncorord -- Time Sheet #: 8736 Period: 02/21105 - 02/27/05 Original °iect Bill G Phase Branch �stT Task Stffyoe �E Rcg� OT t� Ceti iIB I Hn 45 - 001 70 2 Prof 41 CADD 02/21/05 0.50 0.00 9.90 0.50 45 001 70 2 Prof 41 CADD 02122/05 1.00 0.00 I9.81 1.00 Taal. 1.50 0.00 29.71 1.50 ONC] Claudia Roncororil -- Time SheetC 8752 Period: 07/28105.03/06/05 - Original pct 1C Phase Branch S�tr.�� T k Stffvoe Dam IkaH6 4TEln L= Bill Ha 45 001 70 2 Prof 41 CADD 03102105 3.50 0.00 70.67 3.50 45 001 70 2 Prof 41 CADD 03/03/05 2.50 0.00 50.48 2.50 ToW: 6.00 0.00 121.15 6.00 ONC] Claudia RoncoroN -- Time Sheet#; 8779 Period: 03/07/05 - 03/13/05 Original Riw Bd phase Bran e S Task Stamm Date B5& OTHn Lost Bill H 45 001 70 2 Prof 41 CADD 03/07/05 1.50 0.00 30.29 1.50 45 001 70 2 Prof 41 CADD 03.109815 - 4.00 0.00 80.76 4.00 45 001 70 2 Prof 41 CADD 03/10/05 6.50 0.00 131.24 6.50 - Total: 12.00 0.00 242.29 12.00 ONC] Claudia Roncoronl -- Time Sheet#: 8788 Period: 03/14/05 - 03/20/05 G DteCt BitlCrtv ffisse Branch CstTvoe Lik Stfrwe 1& g[it' OTHrs Bay Hry 45 001 70 2 Prof 41 CADD 03114./05 5.50 0.00 111.05 5.50 45 001 70 2 Prof 41 CADD 03/15/05 2.50 0.00 50.48 2.50 45 001 70 2 Prof 41 CADD 03/16/05 2.00 0.00 40.38 2.00 45 001 70 2 Prof 41 CADD 03/17/05 4.50 0.00 90.86 - 4.50 45 001 70 2 Prof 41 CADD 03/18/05 3.50 0.00 70.67 3.50 45 001 70 2 Prof 72 CADD 03/14/05 2.00 0.00 40.38 2.00 mod on 11/2781! a1 4:12:30PM Porting Period: 09/27/04 to 11126106 Agenda Item No. 1 �%`$i�i January 23, 2 7 PagTiif g 1' bcor( - Qw ginal Cost Rate and Original Billable Rate r: bg -Ph reject ID Equal To '0145" � and (Billing Group ID Equal To'0017) and (Phase ID Equal To 701) .ONCI Claudia Ronaororu - Time Sheet#: 8788 (continued) Original gl-�1 Bill C MW Banc �T Task S.tfTvM plu RcsHrp OTH C99 ilBi 1 Hrc . 45 001 70 2 Prof 72 CADD 03/15/05 1.00 0.00 20.19 1.00 45 001 70 2 Prof 72 CADD 03 /16/05 2.00 0.00 - 40.38 2.00 Total: 23.00 0.00 464.39 23.00 ONCI Claudia Rortcoronl -- lime Sheet#: 8812 Period: 03/21/05 - 03/27/05 - Original oiect Bill Gro Phase Branch CstT�e Task StfTvoe ILdn Biali6 4THu CM Bill Hrs 45 001 70 2 Prof 41 CADD 03/21/05 1.50 0.00 30.29 1.50 45 001 70 2 - Prof 41 CADD 03124/05 0.50 0.00 - 10.10 0.50 45 001 70 2 Prof 72 CADD 0312 1/05 1.00 0.00 20.19 I.00 45 001 70 2 Prof 72 CADD 03122105 0.50 0.00 10.10 0.50 Total: 3.5D 0.00 70.68 3.50 ONCI Claudia Roncoroni -- Time Sheet#: 8847 Period: 0004/05 - 04/10105 - Original oiect ilBr IGro Phase Branch CstT Task stff }pe 2= Reelin Q'C.lita C99 Bill {g 45 001 70 2 Prof 41 CADD 04105105 030 0.00 10.10 0.50 45 001 70 2 Prof 41 CADD 04 /06/05 0.50 0.00 10.10 0.50 45 001 70 2 Prof 41 CADD 04/07/05 8.50 0.00 171.62 8.50 45 001 70 2 Prof 72 CADD 04iO4/05 0.50 0.00 10.10 0.50 45 001 70 2 Prof 72 CADD 04!05/05 1.00 0.00 20.19 100 - - Total: 11.00 0.00 222.11 11.00 �- ONCI Claudia Roncoroni -- Time Sheet #: 8873 Period: 04111/05 - 04/17105 - original BdIQM Plutse Branch stT 1P£ T S RBjT OTds Qw HillHn 45 - OOL 70 2 Prof 41 CADD 04;13105 0.50 0.00 10.10 0.50 Total: 0.50 0.00 10 -10 0.50 ONCI Claudia Roncoroni -- Time Sheet #: 8887 Period: 04/18/05 - 041'1.4/05 �g� o eC Bi] Phase Blanch CstTvoe �A ?k �1!T3�e �4f $�L�i Q�II Cq31 Bill 45 001 70 2 Prof 41 CADD 04119!05 1.50 0.00 30.29 1.50 Total: 1.50 D -00 30.29 150 -r ONCI Claudia Roncoroni -- Time Sheet #: 8903 Period: 04/25/05 - 05101105 Original oiect Bill9m Phase Branch C Task Stfr" D Malt H n OT HM con Hill 45 001 70 2 Prof 41 CADD 04!25105 0.50 O.OD 10.10 0.50 Total: 0.50 0.00 10,10 0.50 �- ONCI Claudia Roncoroni -- lime Sheet#: 8923 Period: 05/02/05 - 05,%08/05 intcd on 1127ft at 4.12:30PM Porting Poiod: 09127/04 to 11126/06 Agenda Item No. 1� YV January 23, 2 Pagfiffid f bcor( w Original Cost Rate and Original Billable Rate election: b8-ph (Project ID Equal To '0145' ?) and (Billing Croup ID Equal To'001' ?) and (Phase 1D Equal To'70' ?) .ONC) Claudia Roncoroni - Tuuc ShceO: 8923 (continued) - Original Dioct BTr 1Gm Phase Branch CgTvoe Task StlTvoe 1» 8M 4ZZiaa fist Bill H 45 001 70 2 Prof 41 CADD 05/02/05 0.50 0.00 1010 0.50 45 001 70 2 Prof 41 CADD 05/03/05 1.00 0.00 20.19 1.00 ToW: 150 0.00 30.29 1.50 -� ONCI Claudia Roncorortl - Thne Sheet#: 8998 Period: 05/23/05 - 05/29105 . - Original oiect Bil1Grp Phase Branch CstTvoe Task Stfrvne lb" RM OTHn cm Hill Hrs 45 001 70 2 Prof 41 CADD 05!24/05 1.DO 0.00 20.19 1.00 Tour 1.OD 0.00 20.19 1.00 ONC) Claudia Roncoroni -- Time Sheet#: 9027 Period: 06 /06/05 - 06/12/05 Died Bill Phase Branch CstTvoe Task StfTyue Ogre RPA Ha OT Cwt Bill Hrs 45 001 70 2 Prof 41 CADD 06./10/05 150 0.00 30.29 1.50 ToW -. 1.50 OAD 30.29 1.50 �- ONC) Claudia Roneoroni -- Time Sheet #: 9044 Period: 06 ?13/05 - 06/19105 o ect il)3 l Phase Bra nch CgTvoe ikk StlTvoe Doti Bea I1 8 9T Mrs cm 1391 Hra 45 001 70 2 Prof 22 CADD 06/15/05 2.50 0.00 50.48 2.50 45 001 70 2 Prof 41 CADD 06/13/05 1.00 0.00 20.19 1.00 45 001 70 2 Prof 41 CADD 06/15/05 0.50 0.00 10.10 0.50 45 001 70 2 Prof 41 CADD 06/16/05 1.50 0.00 30.29 1.50 - ToW: 5.50 0.00 111.06 5.50 ONC) Claucfia Roncoroni -- Time Sheet #: 9068 Period: 06!20'05 - 06/26/05 Original vi--t Bill Phase Branch Cst7lme Task StfT= Date Bee Mrs OTHn C99 B'1_IIHt� 45 DOI 70 2 Prof 41 CADD 06/20/05 1.50 0.00 30.29 1.50 45 001 70 2 Prof 41 CADD 06/21/05 1.D0 0.00 20.19 1.00 45 001 70 - 2 Prof 41 CADD 062✓05 0.50 0.00 10.10 0.50 . 45 001 70 2 Prof 41 CADD 0623/05 0.50 0.00 10.10 0.50 Toat 3.50 000 70.68 3.50 ONC) Claudia Roncoroni -- Time Sheet #: 9097 Period: 06,'27/05 - 07/03/05 Original niect Bill 1Gt Phase Branch CstTwe Task stfrym D= Beta 01 His cm Rill Hrs 45 001 70 2 Prof 41 CADD 0627/05 2.50 0.00 50.48 2.50 45 O01 70 2 Prof 41 CADD 0628/05 1.00 0.00 2019 . 1.00 45 001 70 2 Prof 41 CADD 06!29/05 2.00 0.00 4038 2.00 45 ON 70 2 Prof 41 CADD 07/01/05 0.51) 0.00 10.30 0.50 TOW: 6,00 0.00 12115 6.00 mtcd oa I IM /06 at 4: 1130PM porting Period: 09/27/04 to 11/26/06 _^ Hginal Cost Rate and Original Billable Rate a bg -ph ,ewject ID Equal To '0145 ?) and (Billing Coup ID Equal To'00 l'7) and (Phase ID Equal To'70' ?) Agenda Item No. 1�E S� January 23,29t Pagri f @f fFecor( ONC) Claudia Roncoroni -- Time Sheet #: 9109 Period: 07/04/05 - 07110105 Origirw Died Bilk Phase Bramb Cst_ Tom£ Task S &3 Hu 01 H SQL tl_iiT 45 DOL 70 2 Prof 41 CADD D7/06/05 1.50 0.00 3029 1.50 45 001 70 2 Prof 41 CADD 07/07/05 4.00 0.00 80.76 4.00 Total: 53D 0.00 111.05 5.50 ONC] Claudia Roncoronl -- Time Sheet#: 9134 Pcriod: 07/11/05 - 07117/05 oicct ilk /1St@ Phase Drop C.BLT� Ink ,S�iflwe Diu Reif . M OT Firs Original Bat 45 001 - 70 2 Prof 41 CADD 07/15/05 1.50 0.00 3029 1.50 Toad; 1.50 000 30.29 1.50 ONC) Claudia Roncoroni -- rime Sheet#: 9188 Period: 07/18/05 - 07,124105 QL Bil_aC�rf Phase Branch CstTypee Tesk STjve pals RH M Orig w Bill Hrz 45 001 70 2 Prof 72 CADD 07120/05 0.50 0.00 10.10 0.50 Tout: 050 0.00 10.10 0.50 ONC] Claudia Roncorord -- Time Sheet #: 9257 Period: 08/15/05 - 08/21/05 o t BiljG Ph_4se BranclitL Tsik4 Pr-- Reg H" OTH� Original cost Bill Hn 45 001 70 2 Prof 41 CADD 08 %18105 1.00 0.00 20.19 1.00 Tool: 1.00 0.00 20.19 1.DO ONC)I Claudia Rorrcoroni -- Time Sheet: 9293 Period: 08/29/05 - 09104105 - BiUQM am 9LCpSd! S3y TYPg Task StMT Rea Hn OT Hts Origins/ Sett Bill Hn 4_ 001 70 2 Prof 41 CADD 08 /29/05 0.50 0.00 10.10 0.50 45 001 70 2 Prof 41 CADD 09/01/05 0.50 0.00 10.30 0.50 Total: 1.00 0.00 20.40 1.00 ONC] Claudia Roncoroni -- Time Sheet: 9388 Period: 09/19/05 - 09/25/05 nest Bi11Gm Phase Branch CStTwee Task Stffwe Data BcgHrs OTH Original cost Bill Hn 45 001 70 2 Prof 41 CADD 09/23/05 150 0.00 30.90 1.50 Tout: 1.50 0.00 30.90 1.50 ONC] Claudia Roncoroni -- Time Sheet #: 9380 Period: 09 /26/05 - 10/02/05 - oiect Bi11Gt Phase Branch CstTwe T�1 Stffwe Data Re,Hn OTHn Original -CM Billlir: 45 001 70 2 Prof 33 CADD 09 /27/05 7.50 0.00 154.51 7.50 Tout: 750 0.00 154,51 7.50 �- ONC] Claudia Roncoroni -- rime Sheet#: 9417 hared on 1127/06m 4:123oPM porting Period: 09127104 to 11/26106 ;e: Original Cost Rate and Original Billable Rafe Jection: bg -ph (Project ID Equal To'0145'7) and (Billing Group 1D Equal To'001'7) and (Phase ID Equal To'707) Agenda Item No. 1Y SW January 23, 2 Page f pf lCeCOr( Period: 10/03/05 .10/09/05 Original Ored Bd1Gm ph= Stanch CstTvoe IDA StfTwe Dag RcYHrs OT an cm Bill Hn, 45 001 70 2 Prof 72 CADD 1WO5105 0.50 0.00 10.30 0.50 45 001 70 2 Prof 72 CADD 10106/05 1.50 0.00 3090 1.50 Tow OF 0.00 41.20 2.00 ONC] Claudia Roncoroni -- rime Sheet#: 9424 Period: 10/10/05 - 10/16/05 Original oyes Bill Phase Branch CgTNl?g Task Stf7 00 &eHra OT Hn Sgt pdt H� 45 001 70 2 Prof 72 CADD 10;12/05 0.50 0.00 10.30 0.50 45 001 70 2 Prof 72 CADD 10.'14105 1.00 0.00 2060 . 1.00 Tow: 1.50 0.00 30.90 1.50 ONCI Claudia Roncoroni -- Time Sheet#: 9450 Period: 10117/05 - 10,,23105 Original oi- Bil1Gro phase Banal CstType Task StfTvoe Dstc YU;R 14" OT H CM ilB lHrs 45 001 70 2 Prof 72 CADD 10/17/05 0.50 0.00 10.30 0.50 45 001 70 2 Prof 72 CADD 10119.05 0.50 0.00 10.30 0.50 Tow: 1.00 0.00 20.60 1.00 _- ONC] Claudia Roncoroni -- Time Sheet #: 9503 Period: 11/07/05 - 11 /13/05 Onginal oied BiIIGr phase Branch CslTvne Tack StfitTe Dw. RJR 4TRa Cog BJIH. 45 001 70 2 Prof 46 CADD 11/09/05 1.00 0.00 20.60 1.00 Tow: 100 0.00 2060 . 100 ONC] Claudia Roncomni -- Time Sheet #: 9566 Period: 11/21/05 - 11,127/05 Original oi- BillGrp Phase Branch CstT1TS Task 5 DAIE Re,Hn 471fa Sg31 Bill 45 001 70 2 Prof 46 CADD 1122105 1.00 0.00 20.60 - 1.00 45 001 70 2 Prof 72 CADD 11/21/05 0.50 0.00 10.30 0.50 45 001 70 2 Prof 72 CADD 11/23/05 1.00 0.00 20.60 1.00 Tow: 2.50 0.00 51.50 2.50 ONC] Claudia Roncoroni -- Time Sheet #: 9603 Period: 12/05/05 - 12/11/05 Original - ill Phase Branch CslTwe Task StfTwe DAU TSes_Hn QTJira ' � HO1Hra 45 001 70 2 Prof 41 CADD 12/05/05 1.00 0.00 20.60 1.00 45 001 70 2 Prof 41 CADD 12/06/05 3.00 0.00 61.80 3.00 45 001 70 2 Prof 41 CADD 12/07/05 1.00 0.00 20.60 1.00 45 001 70 - 2 Prof 41 CADD 12/08/05 2.00 0.00 4120 2.00 Tow: 7.00 0.00 14420 7.00 ONC] Claudia Roncorord -- Time Sheet*: 9627 Period: 12/12105 - 1218/05 wed on I U27/06ffi 4 72:-,OPM Porting Period: 09/27/04 to 11/26/06 Agenda Item No. 1fM January 23, 2 PagTiffi@f ffecou nal Cost Rah and Original Billable Rate bg-pb ,rroject ID Equal To'01451h and (Billing Group ID Equal To'001' ?) and (Phase ID Equal To'70'?) .ONQ Claudia Roncoroni - Time Sheet*: 9627 (continued) Original Qi- B1lIrro Phan ewe ch CATYP9 TMk SIMI& Do En Hn QT His S=S 13iL Ito 45 001 70 2 Prof 46 CADD 12/12/05 1.50 0.00 30.90 1.50 45 ON 70 2 Prof 46 CADD 12/15/05 0.50 0.00 10.30 0.50 45 001 7D 2 Prof 72 CADD 12!12105 250 0.00 51.50 2.50 45 001 70 2 Prof 72 CADD 12/13/05 3.00 0.00 61.80 3.00 45 001 70 2 Prof 72 CADD 12/14/05 0.50 0.00 10.30 0.50 45 001 70 2 Prof 72 CADD 12/15105 0.50 0.00 10.3D 0.50 Tow 830 0000 175.10 8.50 ONC) Claudia Roncarorti -- Time Sheet#: 9630 Period: 12/19/05 - 12/25/05 Original oiect BRIGro Phase Branch Cs t Task Stf yne Pia Bcalits 4TH Ss8 Bill iu 45 001 70 2 Prof 72 CADD 12/20/05 0.50 0.00 10.30 0.50 Tow: 0.50 0.00 1030 D.50 _- ONC] Claudia Roncorord -- lime Sheet #: 9855 Period: 12126/05 - 01/01/06 . - Original oiect Rift phase Bran CetTvoe Task Stf 3Te RM Rash 4THM cost Bill Hn 45 001 70 2 Prof 4l CADD 12127/05 0.50 0.00 10.30 0.50 45 001 70 2 Prof 41 CADD 12/28/05 0.50 0.00 10.3D 0.50 45 001 70 2 Prof 72 CADD 12128/05 1.50 0.00 30.90 1.50 Tow: 2.50 0.00 51.50 2.50 ONCI Claudia Roncoroni -- rime Sheet: 9667 Period: 01/02/06 - 01 /08/06 Original Bill Gro Phase Branch C.stType TeA StfTwe D Bag_tta OT Hn C99 '1311! Hn 001 70 2 Prof 46 CADD 01/05/06 1.00 0.00 20.60 1.00 45 001 70 2 Prof 72 CADD 01103/06 0.50 0.00 10.30 0.50 45 001 70 2 Prof 72 CADD 01105/06 0.50 0.OD 10.30 0.50 raw: 2.DO 0.00 41.20 2.00 ONC] Claudia Roncorord -- Ime Sheet #: 9903 Period: 03113/06 - 03/19/06 Original oi- Bill Phase bma4h CstTyo Task fvo 2IM Rat Hrs OT `,w ilk l Hrs 45 001 70 2 Prof 22 CADD 03117106 1.50 0.00 31.52 1.50 45 001 70 2 Prof 41 CADD 03/14/06 2.00 0.00 42.02 2.00 45 DOI 70 2 Prof 41 CADD 03/16/06 1.00 0.00 21.01 1.00 Total: 4.50 0.00 94.55 430 �- ONCI Claudia Roncoroni -- Time Sheet #: 9926 Period: 03."20/06 - 03/26/06 Original Diect Bil_igm FIM Branch ca r Task StfTM& Date Rem His OT Hs Cos{ Bill Hr 45 ODl 70 2 Prof 22 CADD 03/24/06 1.50 0.00 31.52 1.50 tawd an I U27106 d 4 12, MPM poring Penod: 09:27104 to 11,26/06 Agenda item No. 1 S YY January 23, 2 Page I�eCOC( w Original Cost Rate and Original Billable Rate dection:bg -ph (Project ID Equal To'0145'?) and (Billing Group ID Equal To'00Y?) and (Phase ID Equal To '701) .ONC] Claudia Roncoroni -- Time Sheet9: 9928 (continued) Original oiect Bill! rg Phase Bran CstTm ink Stffwe Deft Rea His O2Hu Call @illlin 45 001 70 2 Prof 41 CADD 03/22/06 0.50 0.00 10.51 0.50 45 001 70 2 Prof 41 CADD 03/24/06 0.50 0.00 1031 0.50 Taud: 2S0 0.00 52.54 2.50 �r ONC1] Claudia Roncaronl -- Time Sheet*. 9993 Period: 04/03/06 - 04/09/06 Original oiect Bill G Phase Branch CstTwe TIA Date R_ea Hrs OT H¢ cm IB II Tirt 45 001 70 2 Prof 41 CADD 04!07/06 3.50 0.00 70.67 3.50 - Total: 3.50 0.00 70.67 3.50 ONC1] Claudia Roncoroni -- Time Sheet #: 10016 Period: 04 /10/06 - 04116106 Original oiect BiI1Gro Phase Branch Cst_Te Task Ss Daft RM Orin Cou Bill - 45 001 70 2 Prof 41 CADD 04/10/06 1.00 0.00 20.19 1_00 45 001 70 2 Prof 41 CADD 04113/06 2.50 0.00 50.48 2.50 Total: 350 0.00 70.67 3.50 ONC7] Claudia Roncoroni -- Time Sheet#- 10074 Period: 04/17/06 - 04/23/06 Original Rim - BM(3M Phase Bran ch CstTwe Task Stffvoe n a Reg Ars DTHn fC-09 BM 45 OOL 70 2 Prof 72 CADD 04120/06 1.00 0.00 20.19 1.00 45 001 70 2 Prof 72 CADD 04/21/06 1.00 0.00 20.19 1.00 Told: 200 0.00 40.38 2.00 ONC1 ] Claudia Roncororti -- Tune Sheet#: 10075 Period: 04/24/06 - 04 /30/06 Original o'er Bil_ IGrD Phase 13=& Q9r3Ye Task StfTwe DD Rclx RM 4T HIS can Bill f 45 001 70 2 Prof 41 CADD 04,26/06 0.50 0.00 10.10 0.50 45 001 70 2 Prof 72 CADD D4r24/06 1.50 0.00 30.29 1.50 Tots!: 2.00 0.00 40.38 2.00 ONC11 Claudia Roncoroni -• Time Sheet #: 10076 Period: 05/01/06 - 05/07/06 Original oiect Bin Phase Branch CstT Task StfT U= BR tin QT H cog Bin 09 45 001 70 2 Prof 41 CADD 05/04/06 0.50 0.00 10.10 0.50 45 - DOl 70 2 Prof 72 CADD 05/01/06 0.00 0.00 0.00 0.0.0 45 001 70 2 Prof 72 CADD 05. +03 /06 0.50 0.00 10.10 0.50 45 001 70 2 Prof 72 CADD 05/04/06 0.50 0.00 10.10 0.50 Tour 1.50 0.00 30.29 1.50 ONCI] Claudia Roncorord -- Time Sheet #: 10149 Period: 05/08/06 - 05/14/06 .,.d on 11127116 at 4:1230PM porting Period: 09/27/04 to 11126/106 -- 'niginal Cost Rate and Original Billable Rate n: bg-ph xt'roject ID Equal To'0145' ?) and (Billing Group ID Equal To'0017) and (Phase 1D Equal To 70'7) Agenda Item No. 1(R. January 23, 2 PagTlf@-{ f�aCOr{ :ONC 11 Claudia Roncoroni -- Time Sheet#: 10149 (continued) phase Branch CstTvDc Task Stf Toe 45 001 70 2 Prof 41 CADD 45 DO1 70 2 Prof Ottgiaal CADD ect ot Bt11Gro lfiase Branch 70 ink S�Y!>s Daft Reg OT lira f.W l3itltiu 45 001 70 2 Prof 41 CADD 05112/06 1.00 0.00 20.19 1.00 45 OOI 70 2 Prof 46 CADD 05/08/06 1.50 0.00 30.29 1.50 45 001 70 2 Prof 72 CADD 05/08/06 1.50 0.00 3029 1.50 45 001 70 2 Prof 72 CADD 05/09/06 1.50 0.00 30.29 1.50 45 001 70 2 Prof 72 CADD 05/10/06 1.00 0.00 2019 100 45 001 70 2 Prof 72 CADD 05/12/06 2.50 0.00 50.48 2.50 otea Bil MIM Branch c@!l Total: 9.00 0.00 181.71 9.00 DNC11 Claudla Roncomrti -- Time Sheet#: 10150 Period: 05/15/06 - 05/21/06 otect alucrR phase Branch CstTvDc Task Stf Toe 45 001 70 2 Prof 41 CADD 45 DO1 70 2 Prof 41 CADD 45 001 70 2 Prof 72 CADD 45 001 70 2 Prof 72 CADD .45 001 70 2 Prof 72 CADD 45 001 70 2 Prof 72 CADD ONC11 Claudia Roncororai -- Time Sheet#- 10151 121.14 6.00 r� 45 001 70 2 Period: 05/22/06 - 05/28/06 Original CADD 06/01/06 Qas Re. Ha OT 14m Rim BiuGM Phase Branch CstTyR Task Stfrype 45 001 - 70 2 Prof 41 CADD 45 001 70 2 Prof 72 CADD I , Claudia Roncorord -- rime Sheet #: 10170 70 2 Original 41 Qom Reg Hrl 4T EJm flat BillFlm 05/15/06 0.50 0.00 10.10 0.50 05/19/06 0.50 0.00 10.10 0.50 05115/06 1.50 0.00 30.29 1.50 05/17/06 0.50 0.00 10.10 0.50 05/18/06 1.50 0.00 30.29 1.50 05/19/06 1.50 0.00 30.29 1.50 Total: 6.00 0.00 121.14 6.00 r� 45 001 70 2 Prof Original CADD 06/01/06 Qas Re. Ha OT 14m ] Bill H 05/22/06 1.00 0.00 20.19 1.00 05/22/06 1.00 0.00 20.19 1.00 Total: 2.00 0.00 40.38 2.00 I , Claudia Roncorord -- rime Sheet #: 10170 70 2 Prof 41 CADD 06/05/06 3.00 0.00 Period: 05129.106 - 06/04/06 3.00 45 001 70 2 Prof 41 CADD 06/06/06 oleo B81Gro Phase Branch .srC TYPO � ��y.r'rr��,,,� rsa.•w 1� It , H RogHm OTHn QTHHn original ASt 1lH I Hrs 45 001 70 2 Prof 46 CADD 06/02/06 2.50 0.00 50.48 2.50 45 001 70 2 Prof 72 CADD 05/31/06 0.50 0.00 10.10 0.50 45 001 70 2 Prof 72 CADD 06/01/06 1.50 0.00 30.29 1.50 2.50 rated oc 11,27106a 4:12:30PM Total: 4.50 0.00 90.86 4.50 ONCt1 Claudia Roncoroni -- Time Sheet #: 10261 Period: 06/05/06. 06/11/06 otea Bil MIM Branch c@!l Q= Rm Hm (YrThs Original C01 Bill 45 001 70 2 Prof 41 CADD 06/05/06 3.00 0.00 60.57 3.00 45 001 70 2 Prof 41 CADD 06/06/06 0.50 0.00 10.10 0.50 45 001 70 2 Prof 46 CADD 06 /05/06 2.00 0.00 40.38 2.00 45 001 70 2 Prof 46 CADD 06/06/06 3.00 0.00 60.57 3.00 45 001 70 2 Prof 46 CADD 06/08/06 2.50 0.00 50.48 2.50 rated oc 11,27106a 4:12:30PM porting Period: Agenda Item No. 1S 09/27104 to ]1/26/06 January 23, 2 V V PagRM6 Wecor( ce: Original Cost Rate and Original Billable Rate iection: bg-ph (Project ID Equal To'0145'?) and (Billing Group ID Equal To'001' ?) and (Phase ID Equal To'70' ?) Taal: 11.00 0.00 222.09 11.00 UMD1 Daniel Summers -- Time Sheet#: 10298 Period: 07 110.106 - 07/16/06 Original piect - Bill P Branch Cs Tvoe TTMk S t�'YRF Date .Sass Bill Hn _ 45 001 70 2 Prof 20 PRIM 07/11/06 1.00 0.00 45.38 1.00 45 001 70 2 Prof 20 PRIN 07,'12/06 2.00 0.00 90.76 2.00 Tout: 3.00 0.00 136.14 3.00 UMD1 Daniel Summers -- Time Sheet#: 10415 Period: 07/17/06 - 07/23/06 Original oiect Bill Phase Branch Cst_TyU Task Stt7ype Msue OT SQt Bill 45 001 70 2 Prof 20 PRIM 07/21/06 1.00 0.00 45.38 1.00 Tout: 1.00 0.00 4738 1.00 Report route 584.00 0.00 17,029.94 584. DO w.d nn 1 !27/06 at 4:12:30PM r. olting Period: 09127/04 to 11126/06 Vim: bg,vend ct ID Equal To'0145' ?) and (Billing Group M Equal To'00 P7) and (Vendor ID Equal To'z.bats' ?) Agenda Item No. 1EIM January 23, 2 Page 34 of 42 ]ect: [0145] Collier Co. Govemment Services Building Design Services ng Group: [001] Code Vendor Trans Phase Branch CatTVDe Date J! ntls i Cost Cost Amount Bill 11r�t Markup 7 AP z.bats 10105 70 2 Osery 07/28/05 44.00 40.0000 1,760.00 44.00 00000 AP z. bate 10105 re 2 re 07/28/15 240.00 0.4200 100.60 0.00 0.0000 7 AP z.bats 10239 70 2 Osery 08/31/05 - OLOD 40.0000 3,240.00 81.00 0.0000 AP z.bats _ 10239 re 2 re 08/31/05 264.00 0.4200 - 110.88 0.00 0.0000 7 AP z.bats 10369 70 - 2 OwV 09/30/05 58.00 40.0000 2,320.00 58.00 0.0000 AP z.bats 10369 re 2 re 09130/05 230.00 0.4200 96.60 0.00 0.0000 7 AP z.bats 10543 70 2 Osery 10!30/05 45.50 40.0000 1,820.00 45.50 O.00DO AP z.bats 10543 re 2 re 10/30/05 193.00 0.4200 81.06 0.00 0.0000 l AP z.bets 10682 70 2 Nam 12/01/05 47.50 40.0000 1,900.00 47.50 D.00DO AP z.bats 10682 re 2 re IVo 1/05 293.00 0.4200 123.06 0.00 0.0000 7 AP z.bats 10755 70 2 Nam 12/30/05 19.50 40.DOD0 760,00 19.50 0.0000 AP z.bats 10755 re 2 re 12/30/05 94.00 0.4200 3948 0.00 0.0000 7 AP z.bais 10875 70 2 owV 01/31/06 48.50 40.0000 1,940.00 46.50 0.0000 AP z.bats 10875 re 2 re 01/31/06 256.00 0.4200 107.52 0.00 0.0000 I AP z.bats 10983 70 2 OserV 02!28/06 24.50 40.0000 980.00 24.50 0.0000 AP z.bats 10983 to 2 re 02/28/06 134.00 0.4200 56.28 0.00 0.0000 i AP z. bats 11102 70 2 Osery 03/31/06 15.50 40A000 620.00 15.50 0.0000 AP z.bau L1102 re 2 re 0331/06 80.00 0.4200 33.60 0.00 0. D0o0 7 AP z.bats 11219 70 2 Osery 14/30/06 17.00 40.0000 680.00 17.00 0.0000 AP z.bats 11219 re 2 - re 04/36/06 80.00 0.4400 35.20 0.00 0.0000 7 AP z.bats 11388 70 2 Osery 05/30/06 24.OD 40.0000 960.00 24.00 0.0000 AP z.bals 11388 re 2 re 05/30/06 100.00 0.4400 44.00 0.00 0.0000 7 AP z.bats 11508 70 2 Osery 06/30/06 39.50 40 0000 1,580.00 39.50 0.0000 AP z.bats 11509 re - 2 re _ 06/30/06 60.00 0.4400 26.40 0.00 0.0000 7 AP z.bau 12036 70 2 Osery 10130/06 19.50 40.0000 620.00 15.50 040000 AP z.bats - 12036 re 2 re 1030106 40.00 0.4400 17.60 0.00 0.0000 Billing Group 001 Total: 20,072.48 Project 0145 Total: 20,072.48 Report Totals: a 20,072.48 ted on 11/29/06 at 8:18:OOAM 11/16/2006 08:44 FAX 6437435 BSSW ARCHITECTS INC 9 Agenda IteAW 16E1 Janus 07 ge 35 of 4 d� / 7 ZA/ ?7 Innovation and Performance in Architecture and Pfannfng www,BSSWeLrchitects.com Lice s1 Collier County Government Services Center July 11, 2006 Collier County Government Page 1 of 2 BSSW Architects, Inc. 949 Central Ave. Naples, FL 34102 CHANGE ORDER NO.8 CONTRACT NO. 99 -2930 You hereby are authorized and directed to maKe the following change(s) In accordance with terms and conditions of the referenced Contract number. A. Summary of Work: Provide professional services for additional Inspections of areas structural concern during construction of the Collier County Government Services Center Facility located at Orange Blossom Drive_ This scope includes the services of inspector for additional structural inspections as outlined in attached Contract amendment from wis Jain & Associates. , Inc. Provide professional services for redesign of Collier County Tax- Collectors Suite during construction of the Collier County Government Services Center Facility located at Orange Blossom Drive. This scope includes the outlined services in attached contract amendment from BSSW Architects, Inc. B. The services of the following Consultants and their disciplines will be required: BSSW Architects, Inc. Kris Jain & Associates, Inc. TLC Engineers Inc. C. For the additive sum of ($ 15.060.00) Contract summary Original Contract Amount $ 230,700.00 Previous Change Order Amounts: (Change Orders 1 -7) 80,900.00 This Change Order (No. 8 Add): 17.580.00 Agreement amount with this Change Order: $ 329,180-00 Ronald G Weaver AIA Eugene C Schmitt AIA Daniel A Summers AIA Kenneth L Lamers RA Kevin M W diems AIA I ❑ 1500 Jackson Street Ft Myers FL a3gol phone 239 278 3838 fax 239 275 $356 ftmOSSSWarchitects.com ❑ 949 Central Avenue Naples FL $4102 phone 239 643 3103 fax 239 643 7435 nap@DBSSWarchitects.com Collier County Government Services Center Collier County Government BSSW Architects, Inc. 949 Central Ave. Naples, FL 34102 CHANGE ORDER NO.8 Agenda Item No. 16E1 January 23, 2007 Page 36 of 42 July 11, 2006 Page 1 of 2 CONTRACT NO. 99-2930 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the referenced Contract number. A. Summary of Work: 1. Provide professional services for additional inspections of areas structural concern during construction of the Collier County Government Services Center Facility located at Orange Blossom Drive. This scope includes the services of inspector for additional structural inspections as outlined in attached Contract amendment from Kris Jain & Associates. Inc. Exhibit A. 2. Provide professional services for redesign of Collier County Tax Collectors Suite during construction of the Collier County Government Services Center Facility located at Orange Blossom Drive. This scope includes the outlined services in attached contract amendment from BSSW Architects, Inc. Exhibit B. 3. Provide additional services during construction including additional field observation and shop drawing review. Refer to the attached summary of services. Exhibit C. B. The services of the following Consultants and their disciplines will be required: BSSW Architects, Inc. Kris Jain & Associates. Inc. TLC Engineers Inc. C. For the additive sum of: ($ 17,580.00) Contract Summa Original Contract Amount $ 230,700.00 Previous Change Order Amounts: (Change Orders 1 -7) 80,900.00 This Change Order (No. 8 Add): 1. Additional structural inspection services. 2. Tax collectors design modifications. 3 Additional construction administration services. Total add this change order 17.580.00 Agreement amount with this Change Order: $ 329,180.00 11/16/20o6 08:44 FAX 6437435 continued: Collier County Government Services Center Collier County Government BSSW Architects, Inc_ CHANGE ODDER NO. 8 Agenda IteIA94. 16E1 January 23, 2007 Page 37 of 42 July 11, 2006 Page 2 of 2 CONTRACT NO. 99 -2930 The time for completion shall be (increased l decreased) by (0) calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days. The substantial completion date is ( ) and the final completion date is ( ). Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment If any, to. the Agreement shall constitute a full and final settiement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Prepared by. Date, Ronald Hovelt, Senior Project Manager Department of Facilities Management Accepted by: Daniel A. Summers, AIA SSSW Architects, Inc. Date: Approved by: Date; Skip Camp, Director Department of Facilities Management 11/18/2008 08:44 FAX 8437435 Collier County Government Services Center Agenda Iteii 8. 16E1 January 23, 2007 Page 38 of 42 July 7, 2008 SCOPE OF SERVICES FOR CHANGE ORDER No. 8 TAX COLLECTORS SUITE REVISIONS BSSW Architects, Inc. 1. Meetings with CCFM and user group. 2_ Produce meeting minutes and documentation. 3. Document existing job site conditions for conflicts with proposed revisions. 4. Produce schematic design for user group review and approval 5. Add new millwork and details. Delete existing mill work and details. 6. Revise existing documents including floor plans, equipment plans, ceiling plans, interior elevations, interior details, finish schedule and door schedule. 7. Coordinate security equipment and rough in requirements_ 8. Revise Q -Matic system. 9. Obtain and document equipment specifications from user group. 10. Prepare, issue, review and negotiate proposal request with general contractor and CCFM. 11. Print and re -issue code documents for Collier County Building Department 12. Review and revise shop drawings. 13. Revise color selections and revise furnishing plans. Coordinate with Workplace Resources, 14. Coordinate all aspects of revisions with engineers. 15. Design frame and details for State mandated photographic background. 16. Additional field observation for demolition and revised construction A fee of $7,300.00 has been established for the SSSW task outline. Tilden Lobnitz Cooper, Inc. 1. Revise power and lighting plans. 2. Revise security system rough in and location. 3. Revise networking rough in. 4. Revise mechanical system for new loads. 5. Revise fire protection system for new room configuration. 6. Print and re -issue documents for Collier County Building Department 7. Print and issue revised documents for proposal request. A fee of $3,200.00 has been established for the TLC task outline. MA�rrU 11/16/2005 08:44 FAX 6437435 021,14%06 THE 10:07 FAX 230 275 5356 STRUCTURAL BUILDINGS BRIDGES ENVIRONMENTAL REPA04S INVESTIGATIONS Pr -PORTS INSPECTIONS FAILURE ANALYSIS i3SSff ARC$ITECTS IN Agqenda iteM M 1 C Y1Y V.IFLES Of Snuary 23, �l= Page 39 of 42 KRIS JAIN &.ASSOC,, INC. CONSULTING ENGINEERS 680 TnMIAMI TRAIL N., FUITe 36, NAPLES, FL 34.02 -0112 PH; (23B) 262.4122 • FAX; 1230) 262 -4109 CON 'RACI' A.M)fi MMNTT 92 to Proposal /Agreement, dated February 14, 2005 $SSW Architects December 7, 2005 949 Central Avenue Naples, FL '34102 Attn: Den Sumrnem A1A cc: David Balnesbor tr Ref: Special Inspector Services Govt. Services Center Building Orange BIMsorn Drive, Naples Gentlemen: We are requesting approval of additional fees for providing services not included in our original scope but were required to assure that defective structural work was identified and corrected satisfactorily (Detailed explanations enclosed). ADDITIONAL SERVICES REQUIRED ITEMS HOURS 1. Re- inspections of NW patio slab (1 "pour suction) 2 2. Re- inspection of concrete stairs I 3. preparation of Punch List corrections for structural steel, roof joists and roof tntsses; review of proposed corrective sketches aad verificationlacceptemoe inspections is • ADDITIONAL Fi.;FS 21 hrs. cQ SI20/hr. Please forward to Collier County Project ManaM fer authorization. Continued Special Inspector services were provided in anticipation of approval and in the interest of time. We shall apprtcinte prompt approval. Thauk you. APPROVED by Very truly yours, BSSW Architects B KRIS JAIN & ASSOC., INC. y Name( ) "z, � . Sr" Position Kris K• ,Taira, P.E. Date president Special Inspector Encl. Detailed explanation M/AQRM/BS S WAmend2 MgmaEa• FCS AECE ACT PCI /Tt 11/16/2006 08:45 FAX 6437435 _ 42/14/06 TUC.10:07 RIL1 238 275 55356 $SSW ARMTECTS INC coNTRAcT AmENBMENT #2 Govt. Services Building Orange Blossom Drive, Naples ADDITIONAL. SEMI VICES — Detailed explanations Aqenda IteMRJ. 16E1_ NAPLE9 03&nuary 23, 9'W Page 40 of 42 Item $1 Re- inspection of NW Patio Slab (1" pour) Additional SI's time was incurred in observing non - conforming slab preparations on several occasions. Additional time in review and rejection of the initial V pour after discovering incorrect rebar spacing and use of defor red form stakes in lieu of smooth slip dowels. Rejected and demolished slab required additional time for re.- inspection. Ictm 02 Re- inspection of Concrete Slab Non - conforming stairs with bowed out treads required additional SI's rime for re- inspection after demolition. Item 93 Preparation of Punch List corrections for structural steel, roof joists and roof trusses; review of proposed corrective sketches and verification/acceptance inspections Additional SI's time was incurred in identifying various erection defects in structural steel, roof joists and roof trusses; and in preparation of a unified Punch List of corrections. Additional time incurred in updating Punch List (several times) as the various erection defects came to light. Additional SI's time incurred in preparation of structural corrective sketches for some items and in review /acceptance of Contractor's proposed truss repairs. Additional time incurred also due to ecveral field observations to verify satisfactory repairs as they were done over a span of several weeks. 11 /18/2006 08:48 FAX 6437435 STRUCTURAL BUILDINGS BRIDGES ENVIiiONMENTAL REPAIRS INVESTIGATIONS REPORTS INSPECTIONS FAILURE ANALYSIS KRIS .iAIN & ASSOC., INC. CONSULTING ENGINEERS 660 TAMIAW TRAIL N.. SU'TE 39, NAPLES, FL 341D2-91 ?9 PH7 1239) 2152.4225 - SAY j239) 2152 -41D1 CO_HTRACT A.MTIN'DMENT ;TX to Proposal'Agreerncsrt, dated February 14, 2005 Agenda Ite` n Vo. 16151 January 23, 2007 Page 41 of 42 u 899W ISiCN1TECTS. It1G I NAF'LrM�- BSSW Architects Ia ly 28, 2005 949 Central Avenue Naples, FL 34102 Attn: Dart Summers, AIA ec: David Ba.Inesberger Ref Special Inspector Services Gave Services Center Building Orange Blossom Drive, Naples Gentlemen. We are requesting approval of additional. fees for providing additional services not included in our original Scope but were required for areas of structural concern during construction. • ° ADDITIONAL SERVICES REQUIRED LTEMSi�0U1~.S 1. Observations & sods investigation program for untested 2 North side bldg. pad on Iike embankment. . 2. Observations of north embankment excavation and S compacted fill replacement. 3. Footing low strength concrete breaks & investigative core testing 4 4. Inspection, evaluation of honeycombed frame beam/column, oor+crete, repair Specifications & observations of concrete repairs. 24 Estimated total 38 • ADDMO14AL FEES 38 hrs. @ $120/hr. _ $4,560.00 DeaEed explanation attached_ please forward to Collier County Project Manager for authorization. We have nearly exhausted the approved fiords and shall appreciate prompt approval in order for us to continue providing SI Services. Thank you. APPROVED for Very truly yours, 13SSW Architects By Name( Position Date Encl. KRIS JA W& ASSOC., INC. Faris K. Jain, P_E_ President Special Inspector 11/16/2006 08:45 FAX 6437435 Agenda Iterr4}90116E1 January 23, 2007 Page 42 of 42 Kris Jain & Assoc, Inc. Subject Special Inspector Services Govt. Service Center Building Orange Biossom Drive ADDITIONAL SERVICES - retailed &planation Item #1 North side building pad on Iake embankment. After vibro work, periodic site observations (January 2005) indicated that structural backfill on the existing lake embankment had been placed without any geotechnical monitoring or compaction tests required by the Earthwork specifications. Additional time was speak in field observations, rneefmgs and drafting a sails investigation program. It-= #2 Obse.- vaticrs 6f excavation and structural backfii of lake embankrneut under north building pad Investigative soil borings indicated inadequate (no) compaction of existing lake embankment and the structural baddill placed above it The geottoWcal report reconmended removal of the backfill and excavation of lake embankment to certain acceptable depths and replacing with compacted backSll under the aoz[1'i- building footprint. Additional time was spent in periodic observations & reports. Item #3 Footing low strength concrete breaks and investigative core testing The 28 -day cotnprwsive test reports for concrete placed in building footings (lobby . column and wail footings) on 3/3905 fell short of the 3000 psi design strength by 340 psi. The low strength tests failed the ACI: 318 criteria for concrete acceptance. This was the first set of concrete tests of its class without any other 28 day back up tests in its 3000 psi category. Core testing was recommended by the SER and taken by Contractor's test lab (Allied Engineering & Testing). Core tests at one footing location passed by a very narrow margin of 40 psi. Additional time (not included in basic scope) was incurred in meetings, correspondence, drafting a core test program and evaluation of the core tests. Item #4 Inspection, evaluation of honeycombed concrete in' frame beams & columns, preparation of concrete repair specifications and observing concrete repairs The 4000 psi concrete was very poorly (inadequate mechanical vibrations) placed in the lobby frame beams and columns. After forts stripping, several columns and beams exhibited significant honeycombed concrete. Additional time (not included in basic scope) has been spent in honeycomb evaluation report; repair specifications, field meetings and observing the concrete repairs. Wp /Agrm/BS SWAmend 1 Agenda Item No. 16F1 January 23, 2007 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a budget amendment recognizing and appropriating the $250 annual renewal fee. OBJECTIVE: Board of County Commissioners approval of a Certificate of Public Convenience and Necessity for NCH Healthcare System, authorization for the Chairman to execute the same and approval of a Budget Amendment to recognize and appropriate the $250 annual renewal fee. CONSIDERATIONS: NCH Healthcare Systems currently operates non - emergency ambulance transport under a Certificate of Public Convenience and Necessity. Collier County Ordinance No. 2004 -12 requires that NCH Healthcare Systems annually renew its original Certificate of Public Convenience and Necessity and pay a $250 fee. Further, the renewal certificate may be approved routinely by the Board of County Commissioners upon advice of the Administrator. FISCAL IMPACT: $250 to be recognized and appropriated by Budget Amendment to EMS Fund 490 for FY07. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Certificate of Public Convenience and Necessity for the NCH Healthcare System. 2. Authorize the Chairman to execute the same. 3. Approve a Budget Amendment to recognize and appropriate the $250 annual renewal fee. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No. 16F1 January 23, 2007 Page 2 of 26 COLLIER COUNTY FLORIDA Renewal of Class `B" COPCN Name of Service: NCH Ambulance Services Name of Owner: NCH Healthcare System Principle Address of Service: 2157 Pine Ridge Road, NVIes, Florida Business Telephone: (239) 513 -7080 Description of Service: Intrafacility and out of county transport for the NCH Healthcare System Number of Ambulances: 3 Ground Units See attachment for description of vehicles. This permit, as provided by Ordinance No. 2004 -12, shall allow the above named Ambulance Service to operation intrafacility and out of county transports for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation application to the provisions of Emergency Medical Services. Issued and approved this day of ATTEST: Dwight E. Brock, CLERK Clerk Approved as to form and legal sufficiency: r � Assistant County Attorney 2007 BOARD OF COUNTY COMMISSIONERS COLTER COUNTY, FLORIDA Chairman Naples Campus 350 Seventh Street N. Naples, Florida 34102 (239) 436 -5000 December 13, 2006 Dan Summers, Director Bureau of Emergency Services Collier County, Florida Received Agenda Item No. 16F1 DEC 2 ' .2 uary 23, 2007 Page 3 of 26 EMS Dept. North Collier Campus 11190 Healthpark Boulevard Naples, Florida 34110 (239) 513.7000 RECEIVED y iEl?Gr'vi,y KIMAnG!�ENT Subject: Renewal of Certificate of Public Convenience and Necessity for NCH Healthcare System Ambulance Services Department. Mr. Summers, Pursuant to Collier County Ordinance 2004 -12, please accept the following information for the renewal of the required certificate for 2007. 1- NCH Ambulance Services is operated by: NCH Healthcare Systems, 350 7"' Street North, Naples, Fiorida, 34101. 2- NCH Ambulance Services provides the NCH Healthcare System with interfacility and out of county ambulance transports. NCH Ambulance Services operates 3 State Licensed ALS Ambulances. 3- NCH Ambulance Services is located at: 2157 Pine Ridge Road, Naples, Florida, 4- Schedule of attachments: ;- Certificate of Liability Insurance. 2- State of Florida Advanced Life Support License. 3- List of permitted ambulances. 4- Medical Director Documents. 5- Schedule of rates. 6- Check for $250,00 renewal fee 7- List of Officers and Trustees of NCH Healthcare Systems. Thank you for your attention to this matter. Please call me if you need any additional information or have any questions about this renewal. www.NCHmd.org 0 Page 2 Sincerely, David Mennini, Director NCH Ambulance Services 239 - 513 -7080 office Agenda Item No. 16F1 DecembelaE&WW, 2007 Page 4 of 26 Agenda Item No. 16F1 January 23, 2007 Page 5 of 26 Anachment #I P HOLDER. D CERTIFICATE OF LIABILITY INSURANCE Page 2. ofnSan at'j1241 006 877- 945 -7378 THIS CERTIFICATE IS ISSUED AS A mATTEtt N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Sled. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Sox 305191 Nashvills, TN 372305191 {NSURERS AFFORDING COVERAGE NAIC# INSURED NCH Iealthcare Systems, Inc. INSURERA:The Charter Oak Fire Insurance COOP ea 25615 -001 Attn: Daryl $ilpatrick INSURERB:Steadfast Insurance Co. 26387 -001 PO Sox 413029 Naples, FL 34101 INWRERC:,Safety National Casualtl. Corporation 15105 -001 U U V CKditsC.7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN3R M. POLICY OF INSURANCE POLICYNUMBER � POLICY IRATION HJMITB GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE70REN PREMISE$ (Ea ocCU[me m $ MED EXP M ane Pe 22)— $ CLAIMS MADE 1:1 OCCUR PERSONAL S ADV INJURY $ J l3ENERALAGGREGATE 5 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS•COMPJ_OPAGG $ POLICY r7 ',C'T 177] LOC A AUTOMOSILELIADILITY P8108241A934COP06 10/1/2006 10/1/2007 COMBINED SINGLE LIMIT (..a accdant) $ 1r 000,000 X ANYAUTO ALLOWNEDAUTOS SCHEDULED AUTOS BODILYINJURY (ParFw—) $ g I X HIREDAUTOS NON -OWNED AUTOS BODILYINJURY (Peraccidenl) $ I$ PROPERTYDAMAGE (Per accktanO GARAGE LIABILITY I AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACG `- $ ANY AUTO S ! AUTO ONLY: AGG $ ( F,,UCESSLIABIIITY OCCUR 1XI CLAINLSEdADE jHPC280706510 10/1/2006 10/1/2007 EACH OCCURRENCE $ 000 000 AGGREGATE 1$ 5. DOO, 000 iS DEDUCTIBLE RETENTION S3.000.000 WORKERS COINPENSATION AND EMPLOYERS' LIASMITY ANY PROPR#ETORJPARTNERJEXECUTIVE OFFICERlMEMBER EXCLUDED? TORY Lll6lTS OER E.L. EACH ACCIDENT $ - - -- E.L DISEASE - EA EMPLOYEE I $ I E.L. DISEASE - PRICY L1MlT S II yyes, describe under SPECL4i PROVISIONS belay C OTHER SP-11960-FL 10 1 2006 13.0/l/2007 t Excess Workers 1$1,000,000. &aoh Accident Compensation ;$1,000,000. Each Employee /Dieease Limits ark in, zzcoas of 150, 00Q. DESCRIPTION OF OPERATTONSN .00ATIONSNEHICLESrEXCLUSMS ADDLED BY ENDORSEMMTJSPE'CfAL PROVISK±NS SEE ATTACHED: Agency of healthcare Admin. 4727 M hen Drive, Room 213 Tallahassee, PL 32308 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IBSUING INSURER WILL ENDEAVOR TO NAHL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL WOSE NO OBLIGATION OR LU451LITY OF ANY KIND UPON THE INSURER,. ITS AGENTS OR AUTHORIZED ACORD 25 (2001108) Coll:1829617 Tg1:574821 Cert!U 6097 J © ACORD CORPORATION 1988 Millis CERTIFICATE OF LIABILITY INSURANCE Page 2 of Agenda arAl x2g*-Do6 PODS 877 -945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER M91406AUffilON ONLY AND CONFERS NO R#GHTS UPON THE CERTIFICATE Willia North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. F. 0. Box 305191 Nashville, TN 3723DS191 INSURERS AFFORDING COVERAGE NAIL# �NSkIl2ED NCR Healthcare Systems, Inc. INSURERA:The Chartex Oak Fire Iusuraace Company 25615 -001 Attu: Daryl Kilpatrick — PO Box 413029 INSURERB:Steadfaxt Insurance Co. X26387 -DOl Naples, FY. 34101 INSURERC:Safety National Casualty CorPoratio= 115105 -001 WSURERD -- ----� PROFESSIONAL LIABILITY COVERAGE - RETRO DATE: 7/1/76 CARRIER: STEADFAST INSURANCE COMPANY POLICY NUMBER: EPC280706510 EFFECTIVE: 10/01/2006 TO 10/01/2007 $25,000,000 LIMIT OVER SIR $3,000,000 IImbralla liability is excess of Hospital Professional Liability with a Self- Insured retention of $3,000,000 per claim, and General Liability with a Self - Insured retention of $1,000,000 per occurrence /$3,000,000 Aggregate. Ca L1 :1131'363 7 Tp1:574821 Cert:8246097 Agenda Item No. 16F1 Page 3 of 4anuary 23, 2007 Page 8 of 26 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(2001I08) Co11:1829617 Tp1:574821 Cert:8246097 Agenda item No. 16F1 January 23, 2007 Page 9 of 26 Attachment #2 %D rn M w LU :a e� g z J Q � � _ lu cc U. ifs 0 >. OL z z U) Liu Cl IL tic ) w z LLI AM 00 Q w Q�, go� Mfail '.Z f� h^t i W C2 N! ;T. G 'O y 7� Qi Gti .fl O U� Q� Q n � d3 T CL U) 2 z Z �i 6iw YJ z V 1 C Q WIN 0 0 fXi W v U A 4i w to w 1 .A V s4 x a Agenda Item No. 16F1 January 23, 2007 Page 11 of 26 Attachment #3 — r- CD LL C) C*4 rj C14 CV co m EL Cia cu r/ LT) U > 4:4 r 5 n , 7i U I-T. x �7 - F- y > A F--- I O 0 z to m va Z V) W O 5!T m m a. _0 's 6 Id rz Ez C) N ai ;S F--- I O 0 z to m va Z V) W O 5!T m m a. _0 's n. rn 6 Id rz Ez N ai ;S cr UL LL C5 (L 'Ir uj m uj tl� co x �d U) a 0 0 0 U- LL C3 lk 2 00 C 2 -.-tz 01 tz IL LLJ w re a: w 0 0 0 LL LL IL CD 0 En cry ti n. rn 6 Id rz Ez ai ;S cr a C3 lk 2 00 C 2 -.-tz 01 tz n. rn Agenda Item No. 16F1 January 23, 2007 Page 13 of 26 Attachment #4 00 American Heart AM Association. Learn and Live_ ACLS Provider Robert Taber, MD i his card certifies that the above indivIduat has successfully completed the national cognitive and sirllls evaluations in accordance with the curriculum of the American Heart Association for the Advanced Cardiovasciular Life Support Program. 10 -04 -2005 10 -2007 Issue pate Swmintended R &awal Date American Heart me Associafiotis Fghting Heart Disease and Shwa ACLS Instructor Robert Taber, MD This card certifies that the above in&MuW tray suo>wduity completed the national cognitive and skills evaluations in accordance with the curriculum of the Americart Heart Association for the Advanced Cardiovascular Life Support Instructor Program. 10 -04 -2005 10 -2007 Issue Data Expiration Date Agenda Item No. 16F1 January 23, 2007 Page 14 of 26 AHA Florida Region ConuTunity Cleveland Clinic Florida Naples Training Center Training CCF Site Andrea Schultz Instnictar /� % � lio s St g tore f'!✓f� C2r>A6 Ameriemi Noon Assaelatkn TamPMroV wAh M =rd WN atW& APPearanoe. 70.2920 AMA Florida Region Community Cleveland Clinic Florida Naples Training Center Training CCF Site Andrea Schultz instructor Holdees Signature CY2= Amerim Haan Assarw- Temper]np °uAh Mls wd w�7r a apPananae. X0.2921 70 -2920 R6I04 TOBER, ROBERT BOYD MD NAPLES COMMUNITY HOSPITAL 350 7TH ST N NAPLES FL 33940- 0000 ItII IIII III] If►I fill (f!r►IIIIII{II1111 1111rutill DEA REGISTRATION THISREGIS;RATION FEE NUMBER EXPIRES PAID AT8302438 11 -30 -2008 PAID NUMBER SCHEDUI ES BUSINESS ACTIVITY ISSUE DATE PAID 2,2N, PRACTITIONER 11 -09 -20o5 11 -30 -2008 313N,4,5 TOBER, ROBERT BOYD MD NAPLES COMMUNITY HOSPITAL 360 7TH ST N BUSINESS ACTIVITY NAPLES FL 33940-0000 11 -09 -2005 Agenda Item No. 16F1 January 23, 2007 Page 15 of 26 CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE ' UNITED STATES DEPARTMENT OF ,JUSTICE ' DRUG ENFORCEMENT ADIANISTRATION WASHINGTON, D.C. 20537 I . o Seciians 304 and 1008 (21 U.S.C. 824 and 958) of the Controlled Substances Act of 1970, as amended, provide that the Attorney General may revoke or suspend a registration to manufacture, Mstribute, dispense, import or export a controlled substance. THIS CERTIFICATE IS NOTTRANSFERA13LE ON CHANGE OF OWNERSHIP, CONTROL, LOCATION, OR BUSINESS ACTIVITY, AND IT IS NOT VALID AFFER THE EXPIRATION DATE. CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON, D.C. 20537 DEA REGISTRATION THIS REGISTRATION FEE NUMBER EXPIRES PAID ET8302438 11 -30 -2008 PAID ISSUE DATE SCHEOVI -ES BUSINESS ACTIVITY 2,2N, PRACTITIONER 11 -09 -2005 3,3N,4,5 T08ER, ROBERT BOYD MD Sections 304 and 1008 (21 U.S.C. 824 and 956) of the NAPLES COMMUNITY HOSPITAL Controlled Substances Act of 1970, as amended, 350 7TH ST N provide that the Attorney General may revoke or suspend a registration to manufacture, distribute, NAPLES FL 33940 -0000 dispense, import or export a controlled substance - -FrilS CPRTIFICATF IR NnTTRAtdRFFRARI CF1A1 rr14aM-1= nc MP-MIMooUIM r.n >�* .., - _•• - - -- • - --• - DEPARTMENT PF, ilgALTH DJVI$1,0N.P.F MEDICAL QUAL. TY ASSURANCE DATE LICENSE NO CONTROL NO. 11/0812005 ME 36891 166912 le MEDICAL DOCTOR ;rned below' has met all requirements of Maws and rules of #hestate of Florida. ;P ration Lute JANUARY 31, 2008 )BERT.BOYD TOBE-R. 7.N.. NCH WOUND HEALING CENTER 04 RAVISBL. D. . f #TE i 04 S PLEB, FL.: 34-11Z. JEB43USH M. Rony Franr, is, M.D:, M.S.P.t-I., Ph.D. 60V8kN'OR SECRETARY L f M'en( 09 v Q 2 d } < Q ii G Uj O w LL w O O Z. W2 a a �E Vo. 16F1 23, 2007 16 of 26 co e. b eo it M E L mot wwC o.V �.. W a one.. d. c l� m 0 Z A N R 0 ~. .. DISPLAY IF REQUIREQ BY LAW EXPIRATION DATE: JANUARY 31, 2008 ur license number is ME 34891. please use it in all correspondence with your board /council. Eacb licensee is solely responsible for notifying the department in writing of : licensee's current mailing address and practice location address. Use this section to report name and /or practice location address and /or mailing address changes. Ifyou ve not received your renewal notice 90 days prior to the expiration date shown on Ui license, please call (850) 488 -0593. me L s require legal documentation showing the same change. Please make sure that a photocopy or one of the following accnanpam cs this forms; a marriage license, a ,occe accrec or a court order. A driver's license or social security card is not eensldored legal dooamentatlon. :d f cat Quality Assurance offers you the convenience of several online services. These services give you the ability to renew your license, update your mailing and practice .anon addresses and update your profile information. I. Go to wwre DOg- TASotvlcesrcosn 2. Choose one o£ the licensee services 3. Select your profession 4. Pater the account 1D and password 'here (Aetount JD and Password are ease sensitive) Account 1D: toberrob Password: c2e4ceEr request a duplicate license, submit this form and a check or Money order, payable to the DEPARTIVE NT OF HEALTH, in the amount of $25.00- w that you have your license, make sure you keep it Go to wwwAghstate n.us /=a /avald htmI to find out more. :(L TO: DEPARTMENT OF HEALTH DIVISION OF MEDICAL QUALITY ASSURANCE LICENSURE SERVICES P.O. BOX 6320 TALLAHASSEE, FLORIDA 32314 -6320 NAME CHANGE (ATTACH LEGAL DOCUMENTATION :OM: LAST FIRST MEDDLE D PRACTICIr LOCATION ADDRESS CHANGE (This address will be printed on your license and posted on the intemet.) I y STATE ZIP U MAILING ADDRESS CHANGE (This address will be used when mailing your license and for all other correspondence from the Department.) LAST FIRST MIDDLE ' 2103, 5198 CITY STATE ZIP Agenda Item No. 16F1 January 23, 2007 Page 17 of 26 Auaehmment #5 Naples Campus 350 Seventh Street N. Naples, FL 34102 (239) 436-5000 Healthcare System From: NCH Healthcare System, Ambulance Services To: Collier County Board of Commissioners Date: December 11, 2006 Subject: NCH Ambulance Charges Agenda Item No. 16F1 January 23, 2007 North Cc Mdft(jjjrWpRfis 11190 Healthpark Blvd. Naples, FL 34110 (239) 513-7000 Below, please find the current charges for transport by NCH Ambulances. Please be advised that these charges are at the same rate as 2005. 280020-9 NCH BLS Transport A0429 500.00 280030-8 NCH ALS2 Transport A0433 600.00 280040-7 NCH ALS I Transport A0426 525.00 280050-6 NCH ALS I Transport A0427 550.00 280070-4 NCH BLS Transport A0428 515.00 T V Agenda Item No. 16171 January 23, 2007 Page 19 of 26 Attachment #6 u Agenda Item No. 161=1 NCH HEALTHCARE SYSTEM, INC January 23, 2007 VENDOR NAME. COLLIER COUNTY BOARD CfFalb 20 of 26 CHECK DATE, 12/14/2006 VENDORNO. 39577 CHECKNO. 1020054130 aartpTtat K 12/04/06 12 /04 /06:LIC 100 62378355 004093 2.50.00 .00 250.00 TOTAL * * * * * ** *250.00 P 10 200 S 4 13 0 on 1:0 6 30000 4 71: 00 5 S 0 0 50 S S s0112 Agenda Item No. 16F1 January 23, 2007 Page 21 of 26 Attachment #7 Officers & Trustees -NJ% C"�H tiesltl�rt Sys*em lu �.` Colabratingr 50 About Us Related Pages: Bienvenido ► Willkommen Our Mission & Vision History > Award- Winning Care The NCH Healthcare System Foundation Volunteers Annual Reports 990 IRS Tax Forms Helpful Info: � Maps of NCH � Telephone Numbers t Find a Doctor Quick Links: 5eiect:2 Naples Community Hosp. 350 7th Street North Naples FL 34102 (239)436 -5000 North Collier Hosp, 11190 Health Park Blvd. Naples FL 34110 (239)513 -7000 Home ► About Us v Officers & Trustees Officers & Trustees The NCH Healthcare System NCH Healthcare System NCH Naples Hospital Inc. � Marco Healthcare Center Isabel Collier Read Heaithpark � Diagnostic Services, Inc. Page 1 of 4 Agenda Item No. 16F1 January 23, 2007 Page 22 of 26 Giving Contact Us NC Ambulatory Surgical Care, Inc. Community Home Care, Inc. ► Gulf Coast Linen Services, Inc. Health Resources Corporation * DSI Labs BOARD OF TRUSTEES 2006 -2007 NCH HEALTHCARE SYSTEM, INC. NCH NAPLES HOSPITAL, INC. CORPORATE OFFICERS Carl E. Westman Stephen L. Schwartz Chairman 1st Vice Chairman Allen S. Weiss, M.D. President & CEO TRUSTEES James A. Warnken Asst. Treasurer Richard M. Roland, M.D. 2nd Vice Chairman Asst, Secretary Print thi: Richard J. Cens Secretary /Treasi Cooper, Kevin. VP & General CoL Officers & Trustees Elizabeth Allen Paul Dernbach, M.D. Ellin Goetz � s Scott Lutgert John Morrison ws Edwin Stedem Return, to Top Jay Baker Linda Fiewelling Thomas R. Grady, . j Joseph I. Perkovichtd> Fritz Harrington, M.D. MARCO HEALTHCARE CENTER Corporate Officers LaVerne C. Franklin Sandy Grieve Paul Marinelli Gerri Moll Rabbi James Perman William Bindle Officers & Trustees Alien, Elizabeth McGregor, James Kurtzman, Paul Diaz, Al Chairman 1st Vice Chairman 2nd Vice Chairman 3rd Vice Chairman Stolee, M.D., Thomas Secretary Weiss, M.D., Allen President & CEO Warnken, James Asst. Treasurer Asst. Secretary Cooper, Kevin D. V. P. & General Counsel Trustees Adams, Richard G. Burkhart, Joseph Fenelon, David Fuson, Palma Kappauf, Melody LaLonde, Elizabeth Lucchese, Alphonse Merriam, Allen "Skip" Morris, William G. Patterson, John L. Saco, Yvette Tseckares, Socrates Tellinghuisen, Barbara Wood, Brooks Return to Top COLLIER HEALTH CARE, INC. d /b /a THE ISA13EL COLLIER READ IMMOKALEE HEALTH PARK BOARD OF TRUSTEES - 2006 -2007 Corporate Officers John N. Briggs, M.D. Chairman Allen S. Weiss, M.D. Chief Executive Officer /President James A. Warnken, CFO /Assistant Treasurer Assistant Secretary Trustees Denise L. Blanton William G. Crone James W. O'Quinn Stephen Price Isabel Collier Read Dana Scofield Returns to Top HEALTH RESOURCES CORPORATION AMBULATORY SURGICAL CARE, INC. COMA UJ- -; ;.TY HOME CARE, INC. COMMUNITY IMAGING, INC. GULF COAST LINEN SERVICE, INC. DIAGNOSTIC SERVICES, INC BOARD OF DIRECTORS- 2006 -2007 Corporate Officers: Page 3 of 4 Agenda Item No. 16F1 January 23, 2007 Page 24 of 26 Officers & Trustees Carl E. Westman Stephen L. Schwartz Richard M. Roland, M Richard J. Censits Allen S. Weiss, M.D. James A. Warnken Kevin D. Cooper Chairman 1st Vice Chairman .D. 2nd Vice Chairman Secretary/Treasurer CEO /President Asst. Treasurer Directors: Baer, Daniel Baker, Jay Bindley, William Dernbach, M.D., Paul Fleweiling, Linda Gazdic, Thomas Gill, Daniel Lerner, Arnold McCormack, M.D., Debra Morrison, John Perkovich, Joseph Stedem, Edwin DSI LABS Corporate Officers: Carl E. V.': stman Stephen L. Schwartz Richard M, Roland, M Richard J. Censits Paul Gotcher Chuck P•9 eris James A. '.'•darnken Asst Secretary V. P. & General Counsel Chairman 1st Vice Chairman .D, 2nd Vice Chairman Secretary/Treasurer CEO CFO Asst. Treasurer Directors. Baer, Da ^iel Baker, Jay Bindley, William Dernbach, M.D., Paul Flewellir . , Linda Gazdic, Tl)^mas Gill, Dan'. Lerner, Arnold McCorn,a --k, M.D., Debra Morrison, John Perkovicl,, Joseph Stedeni, ;F twin Ret,, --, Top Page 4 of 4 Agenda Item No, 16F1 January 23, 2007 Page 25 of 26 .^.,tJ42 .fief f , ? : -_ !N �_zs..... "E: f3 Hor„ ; _!s i News & Events I Find a Job I Patients & Visitors I Services ; Helpful Links Access. :dine l Site Map I Privacy Notice I Website Privacy I Disclaimer I Contact Us CK)2006 NCH HEALTHCARE SYSTEM Agenda Item No. 16F1 January 23, 2007 Page 26 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F1 Item Summary: Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a budget amendment recognizing and appropriating the $250 annual renewal fee. Meeting Date: 1/23/2007 9:00:00 AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 1/512007 9:26:52 AM Approved By Colleen Greene Assistant County Attomer Date County Attorney County Attorney Office 1/5/2007 9:55 AM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 1/5/2007 9:58 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 1/812007 4:11 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/912007 7:50 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1110/2007 2:39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1110120077:11 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1111/2007 7:02 PM Agenda Item No. 16F2 January 23, 2007 Page 1 of 74 EXECUTIVE SUMNJ[ARY Recommend Approval of Revised Collier County Beach Parking Policy and authorize staff to amend Ordinance 59 -17 and/or Resolution 2002 430 as necessary. OBJECTIVE: Approval of revised Collier County Beach Parking Policy. CONSIDERATIONS: Collier County was informed that the cost share contribution provided by Florida's Department of Environmental Protection (FDEP) would be reduced based on recent understanding by FDEP on how publicly accessible beach metered parking spaces within Collier County are available to residents and visitors. If enacted, this decision would reduce by at least $13M the reimbursement to Collier County for the recent beach re- nourishment program. More importantly, this action would permanently reduce the reimbursement for future beach re- nourishment programs. This memorandum outlines a policy revision that if enacted by Collier County and the City of Naples would: • Eliminate the basis for FDEP's reduced cost share contribution saving the County $13M. • Enhance the state's cost share contribution over its existing levels, maximizing contributions now and in the future. The potential impact might range between $750K and $1.2M now and for future re- nourishments. • Potentially increase the County and City of Naples revenue through flat rate beach parking fees from tourists, visitors and seasonal residents. • Potentially reduce the maintenance and collection fees for parking meters. Background FDEP's BEACH MANAGEMENT FUNDING ASSISTANCE PROPRAM states in Florida Statute 62B- 36.007(1) (c) 2 that, "Parking is clearly signed or otherwise clearly designated as parking for the general public on an equal basis ". FDEP has determined that metered parking within Collier County and the City of Naples does not meet this criteria since residents using parking stickers/passes can park in metered spots without paying the meter as visitors must do. Since visitors and residents do not pay the exact same fee for parking, their interpretation is that it is not on an equal basis. All attempts to resolve this dispute with FDEP have been unsuccessful. Existing Parkin¢ Policy To clarify the situation, our existing parking policy is a follows: • Residents can obtain beach parking permit stickers from either the City of Naples or Collier County. Each government's permit is completely accepted and interchangeable by the other. Residency is the only requirement to obtain these permits. These permits are paid for by ad valorem taxes by the residents and used to maintain beach access and beach park facilities. These permits are available to the general public; the only Agenda Item No. 16F2 January 23, 2007 Page 2 of 74 requirement is residency. Permit holders can park at a permitted parking spot, a metered spot, a parking garage or a county lot without paying any additional fees. Visitors have access to the beaches through their hotels or by using a publicly accessible meter spot or publicly accessible lot or parking garage. Visitors either put money in the meter or pay a daily parking rate. These funds also maintain our beach access and beach park facilities. Visitors if they wish can also obtain a temporary parking permit from the City of Naples for a fee. This visitor permit is not available in the county and the county does not recognize this temporary parking permit. Justification Presented to FDEP for Existing Parkins Policy (Not Accented) • All our parking is available to the public on an equal basis. Both residents and visitors pay for parking to maintain our beaches and beach park facilities. Residents pay for it in ad valorem taxes and visitors pay for it by either daily rates or meter coins. The real difference is not if it is available on an equal basis, but how the money is collected. • Everyone in Collier County, visitors and residents, pay to maintain our beaches and beach access. Visitors are not discriminated against and can park in metered spots, parking garages or parking lots by paying their fair share through daily rates or metered coins. • Metered parking, parking lots and parking garages are available to everyone on a first- come, first - served basis. • This policy has been in effect in Collier County for over twenty years. • A signed contract is in effect between Collier County and FDEP and the precedent of a previous cost share contract under the existing parking policy was acceptable to FDEP. • We have entered into a good faith contract with the state, committed and spent all the funds and are rightfully due our full reimbursement. PrQnosed Revised Beach Parking Policy A meeting with the incoming FDEP Secretary, Mike Sole on 12/20/2046 identified the following. items that if enacted by Collier County would: 1. Maximize revenue contribution by the state. 2. Equate within Collier County the opportunity for visitors, tourist and seasonal residents to pay on an equal basis with residents' beach parking. 3. Potentially decrease the cost of maintaining parking infrastructure. In general, the revised policy proposes that all visitors, tourist and seasonal resident be given the opportunity to purchase an annual parking permit/sticker on an equal basis as Collier County tax payers. Specifically, the revised policy is proposed as follows: • Annual beach parking permits would be obtained by residents in a similar fashion to the current program and procedures. Residency would be the only requirement to obtain a Agenda Item No. 16F2 January 23, 2007 Page 3 of 74 beach parking permit. Permits would be required on an annual basis. Beach parking stickers to residents would appear to be free. However, when a beach parking sticker was issued to a resident the 001 Fund, commonly referred to as the "General Fund" would be debited the annual cost of a beach parking sticker and transferred into a "Beach Parking Revenue Fund ". On a specified interval, monies in the "Beach Parking Revenue Fund" would be swept and deposited back into the 001 Fund. These transactions would be transparent to the residents and establish a uniform price for beach parking paid for the residents in their ad valorum taxes. This would allow residents to park in lots, garages, permit/sticker parking spots and metered spots without any additional charges. • All visitors, tourist and seasonal resident will have the opportunity to purchase the annual parking permdt/sticker that residents purchase through their ad valorum for the identical price as residents do. This would allow parking on an equal basis with Collier County tax payers. Parking would be available in lots, garages, permit/sticker parking spots and metered spots without any additional charges. • If tourist, visitors and/or seasonal residents choose not to purchase an annual parking permit/sticker, they could still pay the daily fee to park at our beach parking facilities or feed a metered parking space. • A $30 fee is proposed for the value of the annual beach parking permit/sticker. Locations to purchase beach parking permits by visitors/tourists as well as enforcement might need to be enhanced. It is anticipated that the existing infrastructure framework would support any enhancement that might be necessary. • Metered beach parking within the county will be maintained. However, as time progresses and parking meters fail, some or all of the metered spaces might be converted to beach parking permit spots. Maintenance costs would be reduced by eliminating some or all of the coin operated meters. In addition, parking enforcement would be streamlined and/or enhanced by eliminating the need to view a reduced number or no meters for time expiration verses drive -by inspection of bumper stickers. COUNTY ATTORNEY FINDING: County Attorney has reviewed and approved this item for legal sufficiency. _CITY OF NAPLES AND ADVISORY COMMITTEE RECOMMENDATIONS : This item was approved by the CAC on January 11, 2007. The TDC approved this item on January 17, 2007 with the stipulation that this new policy is revenue neutral to the City of Naples. The City of Naples on January 17, 2007 approved adopting this Revised Parking Policy contingent upon financial reimbursement details being successfully resolved between the County Manager and the City Manager. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan ,,.., related to this action. Agenda Item No. 16F2 January 23, 2007 Page 4 of 74 RECOMMENDATION: To approve recommendation of revised Beach Parking Policy and authorize staff to amend Ordinance 89 -17 and/or Resolution 2002 -430 as necessary. PREPARED BY: Gary McAlpin, Coastal Project Manager Agenda Item No. 161`2 January 23, 2007 Page 5 of 74. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS w Item Number: 15F2 Recommend Approval of Revised Collier County Beach Parking Policy and authorize staff to Item Summary: amend Ordinance 89 -17 and or Resolution 2002430 as necessary. Meeting Date: 1/23/2007 9.00:00 AM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 1/12/2007 1:06 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 111212007 3:03 PM Approved By Colleen Greene Assistant County Attomer Date County Attorney County Attorney Office 1/16/2007 9:12 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1712007 9:40 AM Commissioners Agenda Item No. 16F2 January 23, 2007 Page 6 of 74 BEACH ELIGIBILITY FUNDING INFORMATION TABLE OF CONTENTS Tab 1— FDEP Policy Tab 2 — FDEP Contract 05001 Tab 3 — FDEP Eligibility Revision Letter Tab 4 — JGM Clarification Letter Tab 5 — Parking Spreadsheet Attached to 8/11/06 Letter Tab 6 — FDEP Response to Collier County 8/11/06 Letter Tab 7 — FDEP Response after Discussions at Beach Conference and 10/11/06 Phone Call Tab 8 — Collier County Questions of FDEP Calculations using FDEP Eligibility Percentages Tab 9 — Funding Summary Spreadsheet Tab 10 — Quantity Summary N P,4 ` i Agenda Item No. 16F2 tary 23, 2007 ,Page 7 of 74 CHAPTER 62B-36 BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM 62B- 36.001 Purpose. 62B- 36.002 Definitions. 6213- 36.003 Policy. 62B- 36.004 Project Eligibility. (Repealed) 6213- 36.005 Annual Funding Requests. 6213- 36.006 Project Ranking Procedure. 6213- 36.007 Project Cost Sharing. 62B- 36.008 Criteria for Evaluating Project Applications. (Repealed) 62B- 36.009 Project Agreements. 6213- 36.010 Disbursement of Program Funds. (Repealed) 6213- 36.011 Post Completion Project Review. (Repealed) 62B- 36.001 Purpose. The Beach Management Program works in concert with eligible governmental entities to achieve protection, preservation and restoration of the sandy beaches fronting the Atlantic Ocean, the Gulf of Mexico and the Straits of Florida. The Department may enter into a cost sharing agreement with eligible governmental entities for the implementation of beach management projects. This rule establishes funding request procedures, project ranking, cost sharing procedures and project agreement requirements pursuant to Sections 161.088, 161.091, 161.101 and 161.161, F.S. Specific Authority 161.101, 161.161 FS. Law Implemented 161.088, 161.091, 161.101, 161.161 FS Htstary —New, 6- 10 -83, Formerly 16B- 36.01, 16B- 36001..4mended 12- 25 -03, 62B- 36.002 Definitions. (1) "Annual Funding Request and Local Long Range Budget Plan" is the document submitted by the eligible governmental entity which includes a detailed description for the next fiscal year's funding request and a schedule for the disbursement of funds to be requested for beach management projects or related activities over a given period of time. (2) "Beach Management" is protecting, maintaining, preserving, or enhancing Florida's beaches including but not limited to, restoring or nourishing beach and dune systems, dune protection and restoration activities, restoration of natural shoreline processes, inlet management activities to facilitate sand bypassing, construction of erosion control structures,, supporting engineering and environmental studies, project monitoring, mitigation, and removal of derelict structures and obstacles to natural shoreline processes. (3) "Contractual Services" are the provision of engineering, professional, or scientific services for eligible activities as otherwise described in this chapter. Such activities may be performed by a private company or individual, or, if approved by the Department, pursuant to subsection 62B - 36.007(4), F.A.C., an eligible governmental entity. (4) "Critically Eroded Shoreline" is a segment of shoreline where natural processes or human activities have caused, or contributed to, erosion and recession of the beach and dune system to such a degree that upland development, recreational interests, wildlife habitat or important cultural resources are threatened or lost. Critically eroded shoreline may also include adjacent segments or gaps between identified critical erosion areas which, although they may be stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects. (5) "Department" is the Department of Environmental Protection. (6) "Eligible Governmental Entity" is any state, county, municipality, township, special district, or any other public agency having authority and responsibility for prmerving and protecting the beach and dune system. (7) "Inlet" is a short narrow waterway including all related flood and ebb tidal shoals and the inlet shorelines, connecting a bay, lagoon, or similar body of water with the Gulf of Mexico, the Straits of Florida, or the Atlantic Ocean. Improved, altered or modified inlets are those where stabilizing rigid coastal structures have been constructed, or where inlet related structures or features such as channels have been constructed or are actively maintained and the channel depth is greater than the inlet system would support in a natural state. (8) "Project Agreement" is a contract executed between the Department and the eligible governmental entity that explicitly defines the terms and conditions under which the project shall be conducted. (9) "Project Boundary" means the shoreline of the beach management project and the first row of development immediately landward of the beach vegetation line or beach erosion control line, whichever is further landward. (10) "Project Phase" is a logical step required in developing and implementing a project. A typical project will normally include the following phases: (a) "Feasibility" — is the characterization of the erosion problem and constraints on remediation alternatives, development and analysis of alternatives to address the problem, and selection of the cost-effective, environmentally sound alternative that avoids or minimizes adverse impacts. - I Agenda Item No. 16F2 January 23, 2007 `Page 8 of 74 (b) "Design and Permitting " — is the development of plans, specifications, permit applications and final costs for the project. (c) "Construction" — is the execution of the selected project. (d) "Monitoring" — is the collection of project performance, biological and environmental data. (11) "Public Beach Access ":is an entry zone adjacent to a sandy beach under public ownership or control which is,specifically used for providing access to the beach for the general public. The access must be signed, maintained and clearly visible from the adjacent roadway. The types of public beach access sites are: (a) "Primary Beach Access" is a site with at least 100 public parking spaces and public restrooms. (b) "Secondary Beach Access" is a site that may have parking and amenities, but does not qualify as a primary beach access. (12) "Public Lodging Establishment" is any public lodging establishment currently licensed by the Department of Business and Professional Regulation in the classification of "hotel ", "motel" and "resort condominium" with six or more units ind fronting directly on the sandy beach. (13) "Statewide Long Range Budget Plan" is the planning document used by the Department to schedule the disbursement of funds over a given period of time. It is developed in coordination with eligible governmental entities based on the Strategic Beach Management Plan and Local Long Range Budget Plans. (14) "Strategic Beach Management Plan" is the Department's adopted plan for management of the critically eroded shoreline of the state and the related coastal system. Specific Authority 161.101, 161.161 FS. Law Implemented 161.088, 161.091, 161.101, 161.161 FS History —New 6- 10-83, Formero, 16B- 36.02, 16B- 36002, Amended 12- 25 -03. 62B- 36.003 Policy. (1) The Beach Management Program is established to develop and execute a comprehensive, long range, statewide beach management plan for erosion control, beach preservation, restoration, nourishment and storm protection for the critidally eroded shoreline of the State of Florida. This comprehensive program includes the Strategic Beach Management Plan, the Critical Erosion Report, shoreline change reports, inlet management studies, state and federal feasibility and design studies, the Statewide Long Range Budget Plan, and other reports as the Department may find necessary for a multiyear maintenance and repair strategy. The comprehensive program is implemented through projects consistent with the Strategic Beach Management Plan and included in the Statewide Long Range Budget Plan. (2) The Department shall annually review available information and revise the designations of critically eroded shoreline in the Critical Erosion Report. Eligible governmental entities shall be notified of any proposed changes and be given an op{ ortunity to submit additional information to justify or refute proposed revisions. (3) Beach management projects funded by the Department shall be conducted in a manner that encourages cost - savings, fosters regional coordination of projects, optimizes management of sediments and project performance, protects the environment, and provides long -term solutions. Appropriate feasibility studies or analysis shall be required before design or construction of new projects. (4) Beach and dune restoration and nourishment projects funded by the Department shall be accessible to the general public and access shall be maintained for the life of the project. Inlet sediment bypassing and the initial restoration of adjacent shorelines impacted by improved, modified or altered inlets, do not have to provide for public access, except for when an Erosion Control Line has been established. Shoreline segments shall be evaluated for public access as set forth in subsection 623- 36;007(1), F.A.C. (5) Beach management projects will be evaluated on a case by case basis and may be cost shared, pursuant to Rules 62B - 36.006 and 62B- 36.007, F.A.C., when determined to avoid or minimize adverse impacts and be cost effective as demonstrated by feasibility and design studies. (6) Activities primarily related to navigation or other infrastructure improvements at inlets are, generally, not eligible for cost sharing. However, components of projects which mitigate critically eroded shoreline caused by alterations, modifications or improvements to inlets, implement components of the Strategic Beach Management Plan, and which do not increase impacts, are eligible for cost sharing of up to 50% of the non - federal share for those components which: (a) Are designed to minimize the erosive effects to the downdriA shoreline caused by the inlet by improving or facilitating the efficiency of sand bypassing, such as the construction of sand bypassing facilities, sand traps and jetty alterations; or (b) Cost effectively place beach quality sand on the adjacent eroded beaches, such as the incremental cost of placing sand on the beach rather than in an offshore disposal area. The Department will cost share only in the incremental cost of placement of the material, not mobilization and demobilization of equipment, design studies, or any other activity normal to the operation and maintenance of the inlet. (7) Eligible governmental entities are encouraged to consider existing inlet navigation maintenance activities is potential sources of sand when developing beach restoration or nourishment projects. (S) Beach management projects authorized by Congress for federal financial participation shall be cost shared up to;50% of the non - federal share. Eligible governmental entities shall pursue federal appropriations to the maximum extent possibleiin order to proportionally reduce state and local project costs. The Department will not cost share on the federal portion of any authorized project unless an immediate threat to upland properties and financial loss is demonstrated. - 2 Agenda Item No. 16F2 January 23, 2007 Page 9 of 74 (9) Upon notification from the Department of the 60 -day submittal period, eligible governmental entities shall submit an updated Annual Funding Request and Local Long Range Budget Plan. Annual funding shall only be requested for projects expected to be initiated or continued in that fiscal year. (10) The Department shall annually review and rank all projects requested by eligible governmental entities for the next fiscal year, and maintain a current project listing in priority order. As part of the review, the Department shall seek formal input from local coastal governments, beach and general government interest groups, and university experts. The project listing shall also identify unranked projects and funds needed for statewide and regional management activities, state sponsored or 6)-sponsored demonstration projects, new feasibility and design studies, and a consolidated category for project monitoring required by permit. In determining the final project ranking, the Department shall consider likely available funding and include a primary and alternate list of all projects. The primary list shall include those projects where legislatively appropriated funding is anticipated to be adequate to fund the projects. The alternate list includes those projects where funding is not anticipated to be available. Funding that may become available due to savings or scheduling changes shall be made available in the fourth quarter of the fiscal year to projects in the following order: (a) Projects on the primary list that require additional funds to complete the project phase. (b) Previously funded projects that require additional funds to complete the project phase. (c) Projects on the alternate Iist in priority order. (d) Emergency situations as determined by the Department. (11) The Department, in consultation with the eligible governmental entity, has the discretion, pursuant' to Section 161.101(20), F.S., to revise funding for projects identified on the primary or alternate list if it is determined by the Department that the project is not ready to be initiated during the fiscal year. If the Department revises funding for a primary list project, at the request of the eligible governmental entity, the project shall be included on the subsequent year's primary list, regardless of prioritization pursuant to Rule 62B- 36.006, F.A.C. (12) Eligible governmental entities may design and construct beach management projects prior to the receipt of funding from the state and may subsequently apply for reimbursement from the Department pursuant to the procedure in subsection 62B - 36.009(3), F.A.C. Specific Authority 161.101, 161.161 FS. Law Implemented 161.088, 161.091, 161.101, 161.161 FS. History -New 6 -10-83, Formerly 16B- 3603, Amended 4- 27-86, Formerly 16B- 36.003, Amended 12- 25 -03. 62B- 36.005 Annual Funding Requests. (1) Annual funding requests for cost sharing of projects shall be submitted by the eligible governmental entity to the Department. Projects previously submitted, but not funded, and projects with cost overruns should be included. Eligible governmental entities who have received funding for projects in past fiscal years and who anticipate requesting - funding in subsequent years shall update the Local Long Range Budget Plan as to costs and scheduling. The Local Long Range Budget PIan shall be consistent with the Strategic Beach Management Plan and have a 10 -year minimum time frame. The submittal shall be in electronic format and include: (a) A detailed project description, including project boundaries by Department range monuments, methods used in' conducting the project, and data or analysis to apply the ranking criteria required by Rule 6213- 36.006, F.A.C. (b) A map of the project area depicting the public beach access, the public parking within one quarter mile of each beach access, public restroom facilities, the public lodging establishments, and comprehensive plan designations of commercial and recreational facilities within the project boundary. (c) Current license documentation on public lodging establishments within the project boundaries, including the number of units available, if used to document public access. (d) A current or updated resolution from the eligible governmental entity which includes statements of their support of the project, willingness to serve as the local sponsor, and a statement of the extent of their ability and willingness to provide the necessary local funding share to implement the project. (e) A schedule of activities by project phase. (f) The annual project cost estimates that indicate cost sharing by the eligible governmental entity, with sufficient supporting detail depicting costs of project phases. (2) The Department shall evaluate projects submitted to determine eligibility, project ranking and priority, and the extent bf cost sharing. Upon completion of the evaluation process, all eligible projects will be incorporated into the Department's Statewide Long Range Budget Plan, which will be submitted to the Legislature along with the Department's legislative budget request prioritizing projects according to the criteria in Rule 62B - 36.006, F.A.C. (3) Funding requests shall be evaluated and ranked on the basis of information provided by the eligible governmental entity, except where such data is superseded by better quality information obtained by the Department. Failure to provide all required information and documentation relating to eligibility and ranking criteria will result in the request being declared ineligible or receiving reduced ranking points. Failure to provide accurate information will lead to termination of the project's eligibility for the requested fiscal year. - 3 Agenda Item No, 16F2 January 23, 2007 Page 10 of 74 Specific Authority 161.101, 161.161 FS Law Implemented 161.088, 161.091, 161.101, 161.161 FS. History -New 6- 10-83, Formerly 16B- 36.05, Amended 4- 27 -86, Formerly 16B- 36.005, Amended 12- 25 -03. 62B- 36.006 Project Ranldng Procedure. (1) Eligible projects requesting funding for the upcoming fiscal year will be ranked in priority for the Department'k legislative budget request. Projects previously ranked for a construction phase will retain their project score through the monitoring phase. Eligible projects will be assigned a total point score by the Department based on the following criteria: (a) Severity of erosion. The severity of erosion score is determined by the average rate of erosion for the project area over 30 years based upon the Department's long term data base for the project length at 2 points per foot of erosion, rounded td the nearest whole foot, for a maximum total of 10 points. (b) Threat to upland structures. The percent of developed property containing structures within the project boundaries at or seaward of the projected 25 -year return interval storm event erosion limit times ten, rounded to the nearest whole number, for a maximum total of 10 points. (c) Recreational and economic benefits. The percentage of linear footage of property within the project boundiaries zoned commercial or recreational, or the equivalent, in the current local government land use map times ten, rounded to the nearest whole number, for a maximum total of 10 points. (d) Availability of federal funds. Projects with Congressional authorization for the project phase shall receive 5 points. Projects with a current Project Cooperation Agreement executed for the project phase or with available federal funds shall recOve 5 points. Maximum total for availability of federal funds is 10 points. (e) Local sponsor financial and administrative commitment. Local governments who have a long term funding source dedicated to the restoration and management of the beach project shall receive 3 points; those with staff dedicated for administrative support shall receive I point; those with 75% or better compliance record for submitting quarterly 'reports and billings correctly and on time over the previous year shall receive 1 point for a maximum total of 5 points. (f) Previous state commitment. Projects where the Department has previously cost shared a feasibility or design;phase shall receive 1 point; projects to enhance, or increase the longevity of a previously constructed project shall receive 4 points; and projects that will nourish a previously restored shoreline shall receive 5 points, for a maximum total of 10 points. (g) Project performance. Performance points shall be based upon the expected life of a project, as documented in it feasibility study or on the actual nourishment interval. Projects shall receive 1 point for every year of the expected life or actual life with a maximum total of 10 points. (h) Mitigation of inlet effects. Projects that implement strategies in the Strategic Beach Management Plan for sediment bypassing or supplemental nourishment to adjacent beaches shall receive points based upon the percentage of the target bypass volume to be achieved times 10 for a maximum total of 10 points. (i) Innovative technologies. Projects to address erosion that are economically competitive and environmentally sensitive and designed to demonstrate an innovative application of existing technologies shall receive 3 points; projects that demonstrate technologies previously untried in the state shall receive 5 points for a maximum total of 5 points. 0) Enhance nesting sea turtle refuges. Projects that are adjacent or within designated nesting sea turtle refuges shall receive 5 points. (k) Regionalization. Projects where two or more local governmental entities couple their projects for contractinjg to reduce costs shall receive 5 points. (1) Significance. Projects shall receive points based upon the project length at one point a mile, rounded to the nearest whole number, for a total maximum of 10 points. (m) In the event that more than one project receives the same number of points, the Department shall assign funding priority to that project most ready to initiate construction. Specific Authority 161.101, 161.161 FS. Law Implemented 161.088, 161.091, 161.101, 161.161 FS. History -New 6- 10 -83, Formerly 16B- 36.06, 16B- 36.006, Amended 12- 25 -03. 62B- 36.007 Project Cost Sharing. (1) Until the unmet demand for repairing Florida's beaches is satisfied, the Department intends to cost share equally the costs with local governmental entities, except where actual cost savings from regional coordination can be demonstrated Oursuant to subsection 62B- 36.007(2), F.A.C. The Department will cost share up to 50% of the non - federal share of projects subject to adjustment for the level of public accessibility calculated using the following criteria: i. (a) Primary beach access sites shall be granted eligibility for one -half mile in each shore - parallel direction from the access site plus the shoreline length of the access site. (b) Public lodging establishments shall be granted eligibility based upon the percentage of units available to the public, rounded to the nearest 10 %, times the property's beachfront footage. (c) Secondary beach access sites shall be granted eligibility for the shoreline length of the access site. Additional eligibility shall be granted for up to one - quarter mile in each shore parallel direction at a rate of 52.8 linear feet per parking spice4' provided: 1. Parking is located within one - quarter mile of the secondary beach access site; and - 4 Agenda Item No. 16F2 January 23, 2007 Page 11 of 74 2. Parking is clearly signed or otherwise clearly designated as parking for the general public on an equal basis. (d) Eligible shoreline lengths cannot overlap. (e) The sum of the eligible shoreline lengths, as defined above, is divided by the total project length to determine the percentage of the total project that is eligible for cost sharing. (2) Cost savings, which occur due to the planned geographic coordination or sequencing of two or more projects between eligible governmental entities, may qualify for additional reimbursement, Geographic sequencing means combining two projects together for the purpose of construction contracting. In order to determine the increase in the state's cost share the proj shall be bid jointly and separately to demonstrate the cost savings of combining the projects. The cost share shall be adjusted n to exceed the state's maximum cost share amount of 75 percent of the eligible costs. (3) All costs of environmental and performance monitoring required by the Department's permit with the govemi»ental entity or a permit issued to the US Army Corps of Engineers, are eligible for cost sharing. (4) The Department will cost share for private contractual services necessary to conduct the project. Services may be contracted to a governmental entity if the Department is shown evidence that the entity's proposal is cost effective, of sufficient professional quality, and otherwise in the general public interest. In determining whether contractual services are cost effective, the Department shall consider cost estimates provided by the governmental entity from fully qualified private companies or individuals. Specific contractual services performed by or for local governments shall be subject to specific accountability measures and audit requirements and be consistent with the principles of Chapter 287, F.S., for competitive bidding and opportunity. Specific Authority 161.101, 161.161 FS Law Implemented 161.088, 161.091, 161.101, 161.161 FS History-New 6- 10-83, Forme+ 16B- 36.07, Amended 4- 27 -86, Formerly 16B- 36.007, Amended 12- 25 -03. i 62B- 36.009 Project Agreements. (1) The Department and the eligible governmental entity will execute a project agreement when funds are available and the project is ready to proceed. The project agreement shall include the following: (a) The estimated costs for each eligible project item, including the amount of the local sponsor's share, the Dlepartment's share, and when applicable, the federal share; (b) A scope of work and estimated date of completion for each eligible project item; and (c) A periodic reporting and billing schedule. (2) The Department's annual financial obligation under the agreement shall be contingent upon a legislative appropriation and continued availability of funds. Funds not expended in a timely manner are subject to reversion to the General Revenue Fund. (3) Eligible governmental entities may design and construct beach management projects which are consistent with t1his rule and Chapter 161, F.S., prior to the receipt of funding from the state pursuant to Sections 161.101 and 161.161, F.S., and may subsequently apply for reimbursement from the state within three years pursuant to Section 161.101, F.S., provided that: (a) The eligible governmental entity and the Department have entered into a project agreement, which approves theproject and establishes the basis for reimbursement before the project phase commences. No reimbursement shall be granted for work accomplished prior to the date of the agreement unless specifically set forth in the agreement; (b) The project has been subject to review by the Department in the design and construction phases and the project has been found to be consistent with the intent of Chapter 161, F.S., for project eligibility and cost effectiveness; (c) Reimbursement shall be Iimited to eligible project costs as specified in the written agreement referenced in paragraph (a) above and this rule; (d) The project has been prioritized as required in Section 161.101(9), F.S., and is subject to legislative appropriation; and (e) Complete documentation of all costs are provided to the Department, pursuant to the requirements of the State's Auditor General. Specific Authority 161.101, 161.161 FS Law Implemented 161.088, 161.091, 161,101, 161.161 FS History -New, 6- 10 -83, Formerly 16B- 36.09, 16B- 36.009, Amended 12- 25 -03. 5 • • EXECUTIVE SUMMARY �� n a item No.. 1C1% 3 age 12 0 AGenda Iteml V1 1-2 1 Hof 26 October 13,;2005 Recommend Approval of the attached FDEP Cost Share Contract fo> the construction and monitoring of the City of Naples /Collier County each Renourishment Project. OBJECTIVE: Obtain approval of the FDEP Cost Share contract that sets out state and Iocal funding limits for the City of Naples /Collier County Beach Renourishment Project. CONSIDERATIONS: The FDEP Cost Share Contract sets out funding state and local "din limits for the construction contract and the Biological Monitoring and Post Constnlction Monitoring. The Pre - Construction Monitoring, Construction Management, Reef Design, Reef Constriction and any additional design services will be submitted once the Scope of Work and pricing have be developed on our part. Total state funding will increase as these other portions of the proj t are submitted for review and consideration by the state. This contract will be amended accord* gly. i COUNTY ATTORNEY FINDING: The County Attorney is reviewing this contract at th4 time of posting. I ADVISORY COMMITTEE RECOMMENDATIONS: Staff recommends approval of this item subject to a favorable review by the County Attorney. FISCAL IMPACT: If this contract is not approved, other sources of project funding will h�ve to be developed or the project delayed. f i GROWTH MANAGEMENT IMTACT: There is no impact to the Growth Management f Ian related to this action. RECOMMENDATION: Approval based on a favorable finding by the County Attorney. PREPARED BY: Gary McAlpin Agenda Item No. 16F2 January 23, 2007 Rage 13 of 74 - AGenda Item VII -2 2 pf 26 DEP AGREEMENT No: 05601 October 13, 2005 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA GRANT-AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIR04EI TAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is. 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and the COLLIER COUNTY, whose address- is 300 North Horseshoe Dr., Suite 218, Naples, Florida 34104, a local government, (hereinafter referred to as the ''LOCAL SPONSOR ") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091' - Section 161.161, Florida' Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida,Beach Erosion Control-Program; and, I .. WHEREAS, the LOCAL SPONSOR has the capabilities of performing the task associated Witt and has demonstrated a financial commitment to, the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits 'to be derived here$om; the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the.LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred j o as the PROJECT), as defined in Attachment A (Project Work Plan), attached hereto and incorporated in by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are ieecesheresary to implement the PROJECT in accordance with the terms and conditions set forth, in this Aement, and all attachments and exhibits named herein which are attached hereto and incorporated by fI ce. For purposes of this Agreement, the terms "Contract" and "Agreement are used interchange bly, and the .terms "Grantee ", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the. last date executed and end on September 30, 2007. I uant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPOT. SOR or its subcontractor beginning on or after the execution of this contract, shall be eligible for cost s*hg by the DEPARTMENT. r� W.�.i 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary. to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. i 4. The State of Florida's performance and obligation to' pay under this Agreement is -contingen upon an annual appropriation by the Legislature and subject to the - release of funds appropriated to the DEPARTMENT. 1 i DEP Agreement No. 05C01, Page 1 of 8 • • • Agenda Item No. 16F2 January 23, 2007 F age 14 of 74 AGenda Item 1 -2 3 �f`26 5. The LOCAL SPONSOR shall implement the PROJECT and complete said PW un DIAS and conditions set forth in this Agreement and future requisite authorizations and en tal permits. The PROJECT consists of the restoration and maintenance of three segments along i0..2 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments R22 -R37; Park Shore between DNR reference monuments R43 -R54; and Naples between DNR .reference monuments R58 -R79. Approximately 1.8 Mmes of the project shoreline has not been designated critically eroded by the Department and theref is not eligible for state funding. The life of the PROJECT is defined as'ten (10), years commenQmi upon the completion date of the construction task under this PROJECT. The parties expressly a that the provisions of this paragraph shall survive and be enforceable beyond the expiration dak of this Agreement. The LOCAL SPONSOR shall develop a detailed 'Scope of Work for each eligible PROJECT item, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shalllinclude a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization -to initiate each eligible project item must be obtained from the DEPARTNIENt prior to the initiation of said item. j 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJTECT are identified in Table 1 below: TARIX 1 7. The DEPARTMENT's financial obligation shall not exceed the sum of $6,321,735 for this P) OJECT. Further, the DEPARTMENT"s share of.the non - federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 1'.0, shall be cost shared at h 32.642 %; and Tasks 2.0, shall be cost shared at 30.71% of the applicable PROJECT eligibility set forth in Attachment B -1. Te DEPARTMENT and the LOCAL SPONSOR agree that any and alli activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any coats for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR Any modifications to the estimated TOTAL i ROJECT COSTS shall be provided through formal amendment to this Agreement. . 8. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 9. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking *paces, as identified in Attachment B (Funding Eligibility), attached hereto and incorporated herein by , ference, . for beach use throughout the life of the PROJECT as established under this Agreement. If a any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public. parking for by the general public *on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPAR NT all funds provided by the- DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access �igns that are clearly visible from the highway for the life of the PROJECT. 10. Paragraph intentionally left blank DEPAgreement No. 05CO1, Page 2 of Task # Elizible PROJECT Items Estimated Pro eet Casts Federal DEP Local Total 1.0 Construction 2005 $0 $6 031,038 $12,445,275 '$18,476,313 2.0 Monitoring h sisal & Nearshore Biolo cal $0 $290 714 $655 929 $946,643 TOTAL PROJECT COSTS $0 21752 SI3 l0i 04 _1$19,422,%61 7. The DEPARTMENT's financial obligation shall not exceed the sum of $6,321,735 for this P) OJECT. Further, the DEPARTMENT"s share of.the non - federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 1'.0, shall be cost shared at h 32.642 %; and Tasks 2.0, shall be cost shared at 30.71% of the applicable PROJECT eligibility set forth in Attachment B -1. Te DEPARTMENT and the LOCAL SPONSOR agree that any and alli activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any coats for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR Any modifications to the estimated TOTAL i ROJECT COSTS shall be provided through formal amendment to this Agreement. . 8. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 9. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking *paces, as identified in Attachment B (Funding Eligibility), attached hereto and incorporated herein by , ference, . for beach use throughout the life of the PROJECT as established under this Agreement. If a any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public. parking for by the general public *on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPAR NT all funds provided by the- DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access �igns that are clearly visible from the highway for the life of the PROJECT. 10. Paragraph intentionally left blank DEPAgreement No. 05CO1, Page 2 of Agenda Item No. 16F2 January 23, 2007 Paae 15 of 74 AGenda Item IVIk2 4pf26 11. As consideration for the eligible work performed by the LOCAL SPONSOR29 bfiie'b X000f this Agreement, the DEPAR'TMEN'T shall pay the LOCAL SPONSOR. as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR o� a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in ai =rdance with Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guidc i for State Expenditures at www.dbUtft,fl.us/aadir/refemnc-e The LOCAL SPONSOR will submit a request for reimbursement of funds on the forms provided as Attachment D (Reques=For syment, PARTS I - M, attached hereto and made a part hereof, on a quarterly basis. The term " y" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; *e request shall be submitted no later than thirty (30) days following :the completion date of the quarterly] reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR' Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statute. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite autho ' ons and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 37 , Florida Statutes, have been obtained. 12. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditi tru of this Agreement prior to approving the billing for payment. It is understood and agreed that any est for reimbursement that requires the DEPARTMENT to request additional information of th LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resme until such information is received as requested by the DEPARTMENT. Upon approval of thel payment request. the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR-loss ten (ld) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that tho LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the gpplicable Scope of Work for said item. The DEPARTMENT will periodically request proof of a transaction! (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When req , this information must be provided within thirty (30) calendar days of such request. If appli ble, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPAR in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre- 'audit and post -audit thereof. 13. For the duration of this Agreement, the LOCAL SPONSOR shall submit to. the DEPAR11VIENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules shall be �ubmitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish c*tes with actual task duration. 14. ON Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E (Project Completion Certification)! DEP Agreement No. 05COl, Page 3 of 8 DEP Agreement No. 05CO1, Page 4 of 8 Agenda lt6rn No. 16F2 January 23, 2007 Rage 16 of 74 AGenda Item IVI1 -2 The DEPARTMENT reserves the right to release retainage withheld, at the u t o AL SPONSOR, or at the DEPARTmwr's convenience, for a completed eligi e0 � during the term of this Agreement. A completed Project Completion Certification must ace any the Payment request that identifies the eligible project items completed for which release of rya' led funds is requested by the LOCAL SPONSOR 15. Pursuant to Chapter 161.101(17), Florida Statutes, the LOCAL SPONSOR shall, at a nunimum7m, comply with monetary limits for competitive. acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a .part of this Agreement and is incorporated �erein by reference as if fully set forth. i 16. The applicable provisions of Chapter 1.61, Florida Statutes, entitled "Beach and Shore Preservation ", and any rules promulgated therefrom, are expressly made a part of this Agreement and are in orated herein by reference as if fully set forth. f 17. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: 239/30 -5342. The DEPARTMENTS Project Manager for all technical matters is Becky Roland, Phone: 850922 -7857 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922 -7711 or their suceessor(s). All matters shall be direct d to the appropriate persons for action or disposition. 18. i Each party hereto agrees that it shall. be solely responsible for the negligent or wrongful is of its employees and agents. However, nothing contained herein .shall constitute a waiver by eithetparty of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 19. The DEPARTMENT may terminate this Agreement at any time in the event of the. failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement Prior to termmittion, the DEPARTMENT shall provide ten (10) calendar. days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT rep rding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without card for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreemeht. 20. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPARTMENT Gary McAlpin Dena VanLandingham, Grants Program Adv, n"trator Collier County Department of Environmental Protection 3050 North Horseshoe Dr., Suite 218 Bureau of Beaches and Coastal SystOms Naples, Florida 34104 3900 Commonwealth Blvd., MS 300 (239) 530 -5342 Tallahassee, Florida 32399 -30001 (850) 922 -7711 21.. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the! LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or{ by the LOCAL SPONSOR in conjunction with this Agreement, received unless the records are exeirmpt Section 24(a) of Article I of the State Constitution and Section 119.07(1),. Florida Statutes. ! i from DEP Agreement No. 05CO1, Page 4 of 8 Agenda Item No. 16F2 January 23, 2007 Page 17 of 74 AGenda Item !V11 -2 22. The LOCAL SPONSOR shall maintain books, records and documents directly T 6 f 26 ce 0 under this Agreement in accordance with generally accepted accounting princip es consrstentl app ied. The DEPAR'T'MENT, the State, or their authorized representatives shall•have access to such records for audit purposes during the term of this Agreement and. for five years following Agreement c*ipletion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly req*re each subcontractor to maintain and allow access to such records for audit purposes. i 21 A. In addition to the requirements of the preceding paragraph, . the LOCAL SPONSOR shall, comply with the applicable provisions contained in Attachment F (Special Audit Requirements), attached hereto and incorporated herein by reference. Exh it 1 to Attachment F summarizes the funding sources supporting the Agreement for P1 ses of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of 'Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grants Program Administrator at 850/422 -7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that .the Federal and/or Florida Single �,udit Act Requirements may Rather apply to lower tier transactions that may be are of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistan (federal and/or state) identified in Attachment F, Exhibit 1 when making its determination. federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided un OMB Circular A -133, Subpart B, Section _.210 for determining whether the relationship %presents that of a subrecipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Noristate Organizations Recipient/Subrec}ipient vs .__ Vendor Determination" (form number FSAA, CL2) that can be found under the "Links/Forms" section appearing at the following website: http: / /www.fsaa.state.fl.us/ f The LOCAL SPONSOR should confer with its chief financial officer, audit director br contact the Department for assistance with questions pertaining to the applicability '! of these requirements. 24. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds, provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 25. The LOCAL SPONSOR covenants that it presently has no interest and shall not- acquire any interest which would conflict in any manner or degree with the performance of services required. i 26. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the maining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida.. i I. 27. No delay or failure to exercise any right, power or remedy accruing to either party upon �reach or default by either party under this Agreement, shall impair any such right, power or remedyl of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. f DEP Agreement No. 05COI, Page 5 of 8 Agenda Item No. 16F2 January 23, 2007 Rage 18 of 74 AGenda Item VII -2 .28. To the extent required by law, the LOCAL SPONSOR will be self - insured aging or w� 7�and maintain during the life of this Agreement, Worker's Compensation Insurance`fc'�i'��f ft�� ees connected with the work of this project and, in case any work is subcontracted, the LOCAL SPONSOR shall -require the subcontractor similarly to provide Worker's Compensation Insurance for 411 of the latter's employees unless such employees are covered by the . protection afforded .by the LOCAL SPONSOR. Such self - insurance program or-insurance coverage shall comply fully with Florida Worker's Compensation law. In case any class of employees engaged in hazardous work Inder this Agreement is not protected under Worker's Compensation statutes, the LOCAL SP( N s1D R shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected.. 29. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is n4 required to pay any taxes on the services or goods purchased under the terms of this Agreement. I .30. This Agreement is neither intended not shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 31. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise. Subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, niay 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 award of perform wort_ as a contractor, supplier, subcontractor, or consultant under contract with oy public en, y, and may not transact business with any public entity. The Florida Depaent of • ]V magement Services is responsible for maintaining the discriminatory vendor list * intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at E50/487-0915. i C. The DEPARTMENT supports diversity in its procurement program subcontracting P gmni and request that all 8 pportunities afforded by this Agreement embrace diversity enthus tically. The award of subcontracts should reflect the full diversity of the citizens of the State o Florida. The.Department will be glad to furnish a list of minority owned businesses for consid6tion in subcontracting opportunities. 32. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this ement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract donsented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due cinder any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT" shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and Iabilities incurred .under the subcontract. i When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's.Project M�nager of the solicitation from which an intended subcontractor was selected. Upon the DEPARIfMElVEN'T's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) indluding a detailed scope of work. i I DEP Agreement No. 05CO1, Page 6 of 8 Agenda Item No. 16F2. January 23, 2007 Page 19 of 74 AGenda Item 11 -2 33. The LOCAL SPONSOR warrants and represents that it is self-funded for liabili c�8 f is. ate and allowable under Florida Law, and that such self - insurance off ers protee tic a the LOCAL SPONSOR's officers, employees, servants and agents while acting within the sco of their employment with the LOCAL SPONSOR. i 34. The purchase of non - expendable equipment costing $1,000 or more is not authorized under4the terms and conditions of this Agreement. 1. 35. The DEPARTMENT may at any time, by written order designated to be a change order, $hake any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, #0.). All change orders are subject to the mutual agreement of both parties as evidenced in writing.. A;y change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall i1equire an appropriate adjustment and modification (formal amendment) to this Agreement. I 36. The LOCAL SPONSOR shall comply with all applicable federal, state and- local rule's and regt tions in providing services to the DEPARTMENT under this. Agreement. The LOCAL S ONSOR acknowledges that this requirement includes compliance with all. applicable .federal, state d local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this rovision in all subcontracts issued as a result of this Agreement. 1, 37. If.a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly iLotify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT n writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize he delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If ie parties agree that the delay or anticipated delay was caused; or will be caused by a force majeure time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force maje . Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if-necessary, i iodifying the extension. A force majeure shall bean act of God, strike,-lockout, or-other industrial dii turbance, -act of the public enemy, war, ' blockade, public riot, lightning, fire, flood, explosion, failure 1 o receive timely necessary governmental or third party approvals, governmental restraint, and any o cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably thin the control of the LOCAL SPONSOR and/or the DEPARTMENT, The LOCAL SPONSOR is. nsible for the performance of all services issued under this PROJECT Agreement. Failure to perf by. the LOCAL SPONSOR's consultant(s) or subcontractors) shall not constitute a force majeure eve4t. 38. This Agreement represents the entire agreement of the parties. Any alterations, variations„ changes, modifications or waivers of provisions of this Agreement shall only be valid when they bIave been reduced to writing, duly signed by each of the parties hereto, and attached to the originil of this Agreement, unless otherwise provided herein. DEP Agreement No. 05CO1, Page 7 of 8 • • • Agenda ltem No. 16F2 January 23, 2007 Page 20 of 74 AGenda item N26 1 -2 n 9 IN WPINESS WFIFAEOF, the parties have caused these presents to be duly ex�clit�, %e L�Pn6d5year last written below. COLLIER COUNTY FLORID By: Title:. *Chairman Date: FEID No. A DEPARTMENT OF ENVIRONMENTAL PROTECTION B ,Q ecretary o designee i Date: 7 Q Z? -r j i a i t DEP Grant .Program Administrator F APPROVED as to form and legality: g ty' *If someone other than the Chairman signs this Agreement, a resolution, statement or other doc*entation authorizing that person to sign the Agreement on behalf of the County /City must accompany the agreer# ent. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan (2 pages) Attachment B Funding Eligibility (3 pages) Attachment C Contract Payment Requirements (1 page) Attachment D Request For Payment (4 pages) . Attachment E Project Completion Certification (i page) Attachment F Special Audit Requirements (5 pages) DEP Agreement No. 05CO1, Page 8 of 8 ATTAC AIENT A PROJECT WORK PLAN COLLIER COUNTY BEACH NOURISHMENT Agenda It'em No. 16F2 January 23, 2007 F�,age 21 of 74 AGenda Item VII -2 10 bf 26 October 13, `005 The PROJECT consists ofthc restoration and maintenance of three segments along 10.2 miles of Gulf shoe County. The segments consist of the following components: Vanderbilt Beach between DNR reference in R37; Park Shore between DNR reference monuments R43 -R54; and Naples between DNR reference m, R79. Approximately 1.8 miles of the project shoreline has not been designated critically eroded by the I therefore is not eligible for state funding. The PROJECT shall be conducted in accordance with the terms set forth tinder this Agreement, all applicable DEP permits and the eligible project task items established t collection and processing, and the resulting product deliverables, shall comply with the standard technica contained in the Department's Regional Data Collection and Processing Plan and Geographic Informatio unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans n h=://www.ft,s;t&tc.fl.us/beaches/. Three (3) originals on all written reports developed under this Agre forwarded to the Department, unless otherwise specified Task No: Eligible Project Item: 1.0 Construction in Collier rents R22- =its R58- tment and conditions All data System Plan, y be found at neat shall be Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization ' j demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, eosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall bC conducted in accordance with any and all permits issued by the Department. ! This project includes three segments (Vanderbilt, Park Shore, and Naples) in Collier- County, 6EP contract, 01CO1, provided state funding for. the original .restoration which included only critically eroded areas of shoreline. Collier chose to expand the project and obtained a new permit to include these area*. A new cost share was developed for each new expanded segment. i e e— n % Eligible State Share Vanderbilt 50.75% 25.375% Park Shore 27.31% 13.655% Naples 89.54% 44.77% Initial cost estimates were above the County's budget, so the 2005 nourishment was reduced to r�neet the budget; however the County plans to maintain the permitted temp late. in the future. With this in pnrnd, the cost sharing for the total permitted project will be used for this nourishment event. The project consists of three segments (Vanderbilt, Park-Shore, and Naples, however sand placement was bid on multiple sections. The sections do not correspond directly with critical and non - critical areas' of shoreline but, cost share could be determined for each segment by combining sections. This was necessary because each section resulted in a different cost per cubic yard of material. Beach fill costs by segment Vanderbilt R22.5 to R37 $3,919,966.01 Park Shore R43.5 to R54.4- $3,693,828.06 Naples R58A to R79 $8,131,996.94 DEP Agreement No. 05CO1, Attachment A, Page 1 of 2 - Agenda Item No. 16F2 January 23, 2007 Page 22 of 74 AGenda Item �II -2 11 pf 26 $ eligible by segment October 13, 2005 Vanderbilt $3,919,966.01 X.25375 = $994,691.38 Park Shore $3,693,828.06X.13655=$504,392.22 . Naples $8,131,996.94 X.4477 = $3,640,695.03 • Construction costs that can not be attributed to a specific segment (mobilization, performance bond, environmental monitoring, and. sea turtle monitoring) will be cost shared based upon the ratio of the combined state funding share and total construction costs for beach fill. This was determined as follows: = sum' of $ eligible/total beach fill costs = 5,139,778.63/15,745,791.01 = 0.32642 (32,642 %) Based on the State cost sharing described above the total state funding for construction shall not exceed $6,031,038. 2.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all licrnuts issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be do veloped in a manner which will. coordinate the monitoring activities associated with current shoreline stabili3ation projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Monitoring requirements are consistent between segments. Unlike construction where unit cost vary between segments, monitoring unit costs are consistent. As such monitoring for the nourishment shall be cost shared at the ratio of eligible shoreline length to total permitted shoreline length This was determined as follows: Segment % Eligible State Share Vanderbilt 50.75% 25.375% Park Shore 27.31% 13.655% I Naples 89.54% 44.77% Overall: 61.42% 30.71% I� The approved SOW for biological monitoring totaled $857,819.80 for pre and post constructioh efforts. The total state share shall not exceed $263,436.46. The pre- construction physical monitoring was approved for a total cost of $88,822.30. The state share shall not exceed $27,277.33. • r DEP Agreement No. 05C01, Attachment A, Page 2 of 2. • Oft ATTACHMENT B FUNDING ELIGIBILITY COLLIER - COUNTY BEACH NOURISHMENT Vanderbilt Beach Segment Project Boundary: 350' south of R22 to R37 Approximate Shoreline Length: 15,055' Public Access Delnor- Wiggins State Recreation Area` Vanderbilt Beach Road* _ 7e� Itbm No. 16F2 na 23, 2007 FP�3 of 74 AGenda Item VII-2 12 October 13, r2l 06 i On -site Adjacent Total Spaces Spaces Spaces i 340. 0 340. - �1 18 67 *Primary beach access containing a minimum of 100 parking spaces and public restrooms. Oualifyine Hotels Oualif -n S� horeline La Playa 360' Area determined to be publicly accessible Total Length 350' south of R22 to 150' north of T25 2,640' R26 to l 10' north of R31 5,000' Area determined to be critically eroded R22.3 830.5 Total eligible shoreline length: 7,640' Total project shoreline length: 15,055' j o Percent cligible for State funding., 50.75 /s *State eligibility incorporates the total project length (critical and non - critical) and eligibility only recognizes publicly %ccessible critically eroded shoreline. + DEP Agreement No. 05CO1, Attaebn=t B, Page 1 of 3 • Parkshore Segment Project Boundary: .60' south of R43-to 390' south of T54 Approximate Shoreline Length: 11,330' On -site Parking Spaces Public Access Public Permit Total Horizon Way 28 14 42 Velada Way 27 10 37 Area determined to be publicly accessible Total Leneth 160' south of T51 to 240' south of T54 3;Q94' Areas determined to be critically eroded 850.65 — 390' south of T54 Total eligible shoreline length: 3,094' Total project shoreline length: 11,330' Percent eli¢ible for State funding: 27.31% Agenda Ism No. 16F2 Jan6ary 23, 2007 Rage 24 of 74 i AGenda Item VII -2 13 pf 26 October 13, 2005 i Adjacent S aces 0 0 i i *State eligibility incorporates the total project length (critical and non - critical) and eligibility only recognizes publicly accessible critically - eroded shoreline. DER Agreetnent.No. 05CO1, Attachment B, Page 2 of 3 r fad' Avenue So � - l AS a outl 16 -.__< - e T _ . I P Avenue South e - -- _ _.1 ] 4 0 19- Avenu 73 *Primary beach access containing a minimum of 100 parking spaces aadt blic restrooms "Qualifies southern 140' of project area using 3 surplus spaces from 18 Avenue South. oualifviot Rotela Ouaf ¢ Shoreline. Edgewater Motel 265' - Area determined to be publicly accessible Total Leueth R59 to R79 17,425' Total eligible shoreline length: 17,425' Total project shoreline length: 19,460' Percent eligible for State funding: 89.54% DEP. Agreement No. 05CO1, Attachment B, Page 3 of 3 Agenda Item N No 16F2 January 2 2 07 Page V AGenda Item 1 t 14 O Of 26 October 13, 9 9005 Naples Segment Project Boundary: 1,500' north of R58 to R79 Approximate Shoreline Length: 19,460 M Mitt a l A m On-site-Parking S Spaces . ' 'scent Psrlcine�Soaces _ TOTAL. � milk Park 5 )�1ic P Permit p pq�bfic P Peru It S Sees i I I • r venue _ 2 2 . 0 - - -- - - a - - -� Avcnuc o- rti`"" "��' " "'�' ..__' 4 4 - -- _.7 _ _�__._ . .._ - 4 Avenue North - venue iT�o h I _ - --_. 14 Avenue North 1 12 " -- 0 _ _.0..�.....�_. - 12 IN North C Central Drive ih Aven uth 7 7 - - - -... _... _ _.. ._._.. 3 Avenue South _ _$_ . _.. _. _ 6 t t} g g- _- 4t° Avenue SoutH- � ��__._ 5. Avenue out i 2 21 15 _ 7'" Avenue South 1 4 8 8 0 0 0 0 4 _....41 —` venue South 5 5 - --_— _ b . 6 . Avenue uth - 4... _ .... -_ _ _. . b _r 6 .. .._.. _. _ _ ... .. -. . South I ' ' S 6 6 U U . ._, . _ . .._....... :15 0 Broad Avenue U 0 venue S3uf5i ,_� ' '4 0 . 1 113 1 107 - -- 13*. Avenue South 4----2..2 0 0 9 9 14 Avenue South oualifviot Rotela Ouaf ¢ Shoreline. Edgewater Motel 265' - Area determined to be publicly accessible Total Leueth R59 to R79 17,425' Total eligible shoreline length: 17,425' Total project shoreline length: 19,460' Percent eligible for State funding: 89.54% DEP. Agreement No. 05CO1, Attachment B, Page 3 of 3 Agenda Item No. 16F2 Jan nary 23, 2007 age 26 of 74 AGenda Item II -2 ATTACHMENT C 15 Of 26 October 13, X2005 Contract Payment Requirements' Florida Department of Financial Services, Reference Guide for State Expenditures �jIp03 Cost Reimbursement Contracts (Mareh 1- ) Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by ca(tcegoiy {salary , travel, expenses, etc.) Supporting documentation must be provided for each amount for which.reimb claimed indicating that the item has been paid. Check numbers may be provided in lieu r copies h. ei agent is being piece of documentation should clearly reflect the dates of service. Only s checks, Each contract budget should be reimbursed. Y xpenditures for categories ir� the approved Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll .register or similar documentation should be submitted. The show gross s payroll gister should salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflec ' g the hours worked times the rate of pay will'be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount employee (e.g., insurance Paid on� behalf of the Premiums paid). If the contract specifically states thatoge benefits will be based on a specified percentage rather than the actual cost of fringe fits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to Q provide check number or copies of checks for fringe benefits. (3) Travels k Reimbursement for travel must be in accordance with Section 112.061, Florida statutes, which includes submission of the claim on the approved State travel voucher or electron- cmeans. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpenda T e is purchased using State funds, the contract should include a provision for the ansffero of the Property to the State when services are terminated. Documentation must be provvided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Code, regarding the requirements for contracts which include services and that �videt forhthe ve contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes; for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be r0mbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid. based on a specified ,Tate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies includin; any contract involving the State University system or the State Community College system:, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not direct costs. Wired for the payment of The Florida Department of Financial Services, Reference Guide to State Expenditures following web address: www.dbf.state.fl-us/aadi Vreference_guide P� doh, 2003) can t#e found at the DEP Agreement No. 05COI, Attachment C, Page 1 of 1 r ATTACHMENT D Agenda Item No. 16F2 January 23, 2007 Page 27 of 74 AGenda Item Nil -2 16 V 26 October 13, X2005 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT — PART I ' PAYMENT SUMMARY Name of Project: COLLIER COUNTY BEACH NOURI$T1T Grantee: COLLIER COUNTY Billing Number: Costs Incurred This Payment Request: Federal Share* State Share *if applicable Cost Summary: State Funds Obligated Less Previous Payment Less Previous Retained Less This Payment E S S Less This Retainage (10 %) , S State Funds Remaining a DEP Contract Number: 05COI Billing Period: „-,. Billing Type: Local Share Interim Billing Local Funds Obligated Less Previous Credits Less This Credit Local Funds Remaining �•YJ I I ] Final Billing e $ i Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment, from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. t. Name of Project Administrator. Signature of Project Administrator Date ( Name of Project Financial Officer Signature-of Project Financial Officer Date �- i DEP Agreement No. 05CO1, Attachment D, Page 1 of • • Agenda Item No. 16F2 January 23, 2007 Rage 28 of 74 AGenda Item 1VII -2 17 6f 26 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEC D(Mber 13, 005 BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT —PART II REIMBURSEMENT DETAIL Name of Project: COLLIER COUNTY BEACH NO rRISHM_E TT Grantee: COLLIER COUNTY Billing Number: Summary of Invoices: DEP Contract Number. 05CO I Billing Period: Check Number l Amount Paid I Vendor $ V $ $1 V TOTAL: $ ; Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, checkivouchers, copies of checks, and other purchasing documentation attached hereto are maintained as required to support the cost reported above and are available for audit upon request Name of Project Administrator Signature of Project Administrator Date Name of Project Financial .Officer Signature of Project Financial Officer DEP Agreement No. 05CO 1, Attachment D, Page 2 of 4 Date • *MIO i Agenda 1fern No. 16F2 Jan ary 23, 2007 4age 29 of 74 AGenda Item 1-2 18 N26 FLORIDA DEPARTMENT OF ENVIRONMENTAL pRoTECvncWb9r 13, 005 FLORIDA BEACH EROSION CONTROL PROGRAM. REQUEST FOR PAYMENT - PART M PROJECT PROGRESS REPORT Name of Project: COLLIER COUNTY BEACH NQURISHNV� Grantee: COLLIER COUNTY DEP Agreement Number: 05COI Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement (s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0 CONSTRUCTION 2.0 MONITORING DEP Agreement No. 05CO1, Attachment D, Page 3 of 4 • • • i Agenda Item No. 16F2 January-23, 2007 Page 30 of 74 AGenda Item N11-2 19 f 26 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTE(,' fiber 13, 005 FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPO RT Name of Project COLLIER COUNTY BELCH NOURISBAIENT . I Grantee: COLLIER COUNTY DEP Contract Number: 05COI Report Period: Project Expenditures i Costs Incurred Costs Incurred Total Funds Task Eligible Project Items This Report period to Date Obligated No. 1.0 . Construction $ $ $18,476,313 2.0. Monitoring $ . $ f $946,643 TOTAL DEP Agreement No. 05CO1, Attachment D, Page 4 of $19,422,956 • Ok ATTACHMENT E Agenda Item No. 16F2 Jan .ary 23, 2007 Page 31 of 74 i AGenda Item VII -2 20 bf 26 October 13, 2005 4 FLORIDA: DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: COLLIER COUNTY BEACH NOLJRISHMENT Grantee: COLLIER COUNTY DEP Agreement Number: 05001 f i *1 hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, land all funds expended for the project were expended pursuant to the Project Agreement. I Name of Project Administrator Signature of Project Administrator Date I *Requests for the Department's release of retained funds for which an eligible project item is c eted may be considered in advance of overall Project Completion. If this Certification pertains only to the completim of specific eligible project item tasks, the LOCAL SPONSOR shall also provide the following information in addition 1 o the required signature above: I Requested Amount of Release: $ Period of Services: ' Completed Task Description:. I. i k DEP Agreement No. 05COI, Attachment E, Page 1 of 1 • • • ATTACHMENT F Agenda Item No. 16F2 January 23, 2007 Page 32 of 74 AGenda Item VII -2 21 f 26 October 13, ?005 f FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM f I SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be ref4red to as the "Department"— "DEP ", "FDEP" or "Grantor ", or other name in the contract/agreement) to the r ipicut {which may be referred to as the.. "Contractor ", Grantee" or other name in the contract/agreement) may be�ubject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. € MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.9, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site vliits by Department staff; limited scope audits as defined by ONO Circular A-133, as revised, and/or' other procedures. By , entering into this Agreement, the recipient agrees to comply and cooperate wi any monitoring procedures/processes deemed appropriate by the Department of Environmental Protects n. In the event the Department of Environmental Protection determines that a'hmited scope audit of the Ipient is appropriate, the recipient agrees to comply with any additional instructions provided by the DDeparttr�ent to the recipient regarding such audit. The recipient further agrees to .comply .and cooperate w any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED E This part is applicable if the recipient is a State or local government or a non -pront organization as defl�ed in OMB Circular A -133, as revised. f. 1 • In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB C�cular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal fimds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular 4k-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part'I, paragraph 1., the recipient shall futiYll the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -1 33, as revised. 3. If the recipient p expends, less than $500,000 in Federal awards in its fiscal year, an audit condu din accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event t iat the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have ar, . audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the aud t must' be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient re urces obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htto: //12.46.245.173te fdaldda ta..,.a DEP Agreement No. 05CO1, Attachment F, Page 1 of 5 Agenda Ifern No. 16F2 January 23, 2007 Rage 33 of 74 AGenda Item VII -2 • 22026 October 13, 2005 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Sta6tea. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in a of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -speci audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Ex�cutive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental *tities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 this Agreement indicates State financial assistance awarded through the Department of Environnental Protection by this Agreement. In determining the State financial assistance expended in its fiscal y ,the recipient shall consider all sources of State financial assistance, including State financial • astance received from the Department of Environmental Protection, other state agencies, and other fate entities. State financial assistance does not include Federal direct or pass- through awards and re�ources received by a nonstate entity for Federal program matching requirements. .2. In connection with the,audit requirements addressed in Part II, paragraph 1, the recipient shall ens*e that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes sub*"sion of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 110.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the . uditor General. �ii 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit colucted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event t the . recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to ve an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of audit -` must be paid from the non -State entity's resources (ie., the cost of such an audit must be paid frbm the recipient's resources obtained from other than State entities).. 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient could access the Florida Single Audit Act website located at hhp: / /state.lrgg/f catalog or the Goernor's Office of Policy and Budget website located at http:%/www mvilorida com/m iv loride/govern_mwWcontwW- ggb=r,e htmI for assistance. In -add�ion to the above websites, the following websites may be accessed for information: Legislature's ebsite bM: / /www.lcg.state.fl.ut//. Governor's Website http: / /www orida.co Department of F' cial Services' Website hM:/Jwwwdbfstsu.f1.us/ and the Auditor General's ebsite bttp:l/www.state.fl.us/aud & PART III: OTHER AUDIT REQUIREMENTS (NOTE This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 21 S.97(7Nm), Florida Statutes, State agencies may conduct or arrange for audits of Stateflnancial assistance that are in addition tj audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMMION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d),f OMB Circular A -133, as revised, by or on behalf of the recipient direcd to each of the following: f DEP Agreement No: 05CO1, Attachment F, Page 2 of 5 Agenda Item No. 16F2 January 23, 2007 Page 34 of 74 AGenda Item VII -2 23 �f 26 A. The Department of Environmental Protection at the following address: October 13, '005 i Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40. 2600 Blair Stone Road j Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated grated in OMB Circular A -133, as revised (the nu of copies required by Sections .320 (dXI) and (2), OMB Circular A -133, as revised, sh d be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse i Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 i C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) a d (f), OMB Circular A -133, as revised i 2. Pursuant to Section .320(f), OMB Circular. A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any manajement letters issued by the auditor, to the Department of Environmental Protection at the following addressi Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road f Tallahassee, Florida 32399 -2400 i 3. Copies of financial reporting Packages required by PART II of this Attachment shall be submitted b� or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road f Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 0SC01, Attachment F, Page 3 of 5 i Agenda !#em No. 16F2 Jan- ary 23: 2007 wave . of 74 5 AGenda Item VII -2 rr 24 c2jf(n�26 4. Copies of reports or management letters required by PART III of this Attachment s e�subml: 6 dor on behalf of the recipient directly to the Department of Environmental Protection at the following addjress: j Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 5. Any reports, management letters, or other information required to be submitted to the Departmnt of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to. the Department of Environmental Pro*tion for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations); Rules of the Auditor General, should indicate date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environ#nentaI Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the ditte the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05CO1, Attachment F, Page 4 of 5 LL O fl- C14 O �M c Q I H' .p � aU 4a o F, a� m .q O U w d g s Q �z a a 0 a. w p •�, o O d 4 a � W O w w a a � Q 0 U G oa 0 a d ... CL a AGenda Item VII -2 d 25 0 26 RC�ptober 13, 2005 w y N f �E ^"U O o '� Cd d T. ti a ss w v M U� H .y •� � � U � F aq i o v F4 �VQ m U � f �U .8 0 U � i C4 R i N O 4n be a w� u Q qn 0 z 4 W 4 0 N V �U~ ~ N O N �^ N . M p d v� N w� a U ~ M Z can s ��S (� N n s a a W a AGenda Item VII -2 d 25 0 26 RC�ptober 13, 2005 w y N f �E ^"U O o '� Cd d T. ti a ss w v M U� H .y •� � � U � F aq i o v F4 �VQ m U � f �U .8 0 U � i C4 R i N O 4n be a w� u Q qn 0 z 4 W 4 fi I Agenda I em No. 16F2 Jan ary 23, 2007 age 37 of 74 Department.of AGenda Item 11-2 26$f26 Environmental Protection October 13, 005 Marjory Stoneman Douglas Building job Bush 3900 Commonwealth Boulevard Collee� M. CastiAe Governor Tallahassee, florida 32399 -3000. $4retary September 27, 2005 E VIA BAND- DELIVERY i Gary Alpin Collier County 3050 North Horseshoe Drive, Suite 218 Naples, FL 34104 RE: Execution of Project Agreement j Collier County Beach Nourishment i DEP Contract No. 05COI Dear Mr. Alpin: fif Enclosed please find a set of three (3) originals to execute the referenced project agreement, whi h are signed and dated on behalf of the Department by Bureau Chief, Michael Barnett. If you the Agreement to be in order, 'it is requested that you execute each original by having them signed and ted, as appropriate. It is further requested that you retain one (1) of the fully executed originals fo your records, and return the two (2) remaining fully executed originals to me at the letterhead ad ress, Mail Station #f300, within five (S) working days following completion of your internal revie and signature process. Failure to execute and return the originals to the Department in a timely mane may result in invoice payment delays, rejected billings or the possible reversion of funds intended f this project. Please be advised- that work conducted on any eligible project item prior to written authorisation by the Department may not be eligible for reimbursement. I Should you have any questions, please contact me at 850/922 -7711, or Becky Roland, the project manager, at 850/922 -7857. Enclosure xc: Becky Roland, file Sincerely, wRa. Dena VanLan ingham Grants Program Administrator . Bureau of Beaches and Coastal Systems "More Protection, Less Process" Printed on recycled paper Agenda It em No. 16F2 ` �tA01f✓Ot! �� January 23, 2007 F�age 38 of 74 Department of Environmental Protection Jab Bush Governor Mr. Gary McAlpin 3301 East Tamiami Trail Building H Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard I Colleen M. Castille Tallahassee, Florida 32399 -3000 ! Secretary i June 26, 2006 i i Naples, Florida 34112 RE: Parking and Access for 05CO1 Dear Mr. McAlpin: A recent site inspection was conducted by Bureau staff to verify parking and access re*ired by contract 05CO1. Enclosed for your verification are the updated eligibility sheets. If you have any additional questions, please call me at 850/922 -7857. Sincerely, Becky Roland Project Manager Bureau of Beaches and Coastal Systems Enclosures: Eligibility sheets cc: Dena Vanlandingham, BBCS file "More Protection, Less Process" Printed on recycled paper. Agenda (tern No. 16F2 Jan ary 23, 2007 ,age 39 of 74 i FUNDING ELIGIBILITY I COLLIER COUNTY BEACH NOURISHMENT Vanderbilt Beach Segment On -site Adjacent Total ' Public Access Spaces Spaces Spacesi Delnor- Wiggins State Recreation Area* 340 0 340 Vanderbilt Beach Road 0 18 18 *Primary beach access containing a minimum of 100 parking spaces and public restroom+ OuaIifyine Hotels Oualifyina Shoreline La Playa 360' Eligibility as of April 2006. Site inspection conducted by DEP. Public Access Horizon Way Vedado Way Parkshore Segment On -site Parking Spaces Public Permit Total 28 14 42 27 10 37 Agenda I #em No. 16F2 January 23, 2007 rage 40 of 74 I i i Total Adjacent �Eligible Spaces aces 0 �8 0 17 i l Eligibility as of April 2006. Site inspection conducted by DEP. Public Access Lowdermilk Park 8''' Avenue North 76 Avenue North North Lake Avenue 6`h Avenue North 40' Avenue North 3`d Avenue North 2"d Avenue North I" Avenue North Central Drive 1" Avenue South 2 "d Avenue South 3'd Avenue South 4'h Avenue South 5'" Avenue South 6`h Avenue South 7`h Avenue South 8''' Avenue South 9'h Avenue South 10'h Avenue South 1 1'h Avenue South Broad Avenue 12`h Avenue South 13'h Avenue South 14'h Avenue South 15'h Avenue South 16th Avenue South 17'h Avenue South 18`h Avenue South 19'h Avenue South" 21" Avenue South Naples Segment On -site Parking Spaces Public Permit 52 162 21 0 10 2 20 18 6 4 10 0 10 4 12 4 11 6 8 4 5 11 7 4 8 6 10 5 21 0 4 8 10 6 7 5 11 4 7 6 8 5 20 0 4 0 22 0 16 14 10 8 16 13 7 3 12 13 0 0 0 0 Agenda Ijem No. 16F2 Jan4 ary 23, 2007 Page 41 of 74 I Adjacent Parking Spaces Public Permit 0 0 0 0 0 0 0 0 0 0 0 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15 15 0 0 0 0 0 0 0 0 ? 0 0 0 29 0 27 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 73 'Primary beach access containing a minimum of 100 parking spaces andpublic restrooms. "Qualifies southern 140' of project area using 3 surplus spaces from 18 Avenue South. Eligibility as of April 2006. Site inspection conducted by DEP TOTAL Eligible Spaces 52 21 10 20 6 l0 10 12 11 8 5 7 8 10 36 4 10 7 11 7 8 49 31 31 16 10 16 7 12 0 0 )1. f� Ae It 7 m a 7 O6 F?age 42 of 74 August 11, 2006 Paden E. Woodruff, III Environmental Administrator Bureau of Beaches and Coastal Systems Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 -3000 RE: FDEP's Cost Share on Collier County's Beach Renourishment Project Contract OSCOI Dear Mr. Woodruff, Collier County was informally informed on 7/31/2006 that the cost share basis as outlined in our signed contract could be changing based on how publicly accessible metered parking spaces within Collier County are determined by FDEP. Needless to iay, we are very concerned about this potential development. We are dealing with a very large sum of money that is extremely important and significant to Collier County. O project is complete and your cost share funds have been committed by contract 05COI and spent. To clarify the situation, our parking policy is a follows: Residents can obtain beach parking permit stickers from either the City of Na #les or Collier County. Each government's permit is completely accepted and interchangeable by the other. Residency is the only requirement to obtain thesl permits. These permits are paid for by ad valorem taxes by the residents and maintain our beach access and beach park facilities. These permits are available to the general public; the only requirement is residency. Permit holders can pArk at a permitted parking spot, a metered spot, a parking garage or a county lot without paying any additional fees since they are already paying ad valorem taxes for beach access and maintenance. Visitors have access to the beaches through their hotels or by using a publicly accessible meter spot or publicly accessible lot or parking garage. Visitors either put money in the meter or pay a daily parking rate. These funds also maintain our beach access and beach park facilities. Visitors if they wish, can also obtain a temporary parking permit from the City of Naples for a fee. This visitor permit is not available in the county and the county does not recognize this temporary parking permit. j Agenda 3tiem No. 16F2 January 23, 2007 Page 43 of 74 i There are several key points that are critical in evaluating the fairness and equality of our parking policy, they are: • All our parking is available to the public on an equal basis. Both residents and visitors pay for parking to maintain our beaches and beach park facilities. Residents pay for it in ad valorem taxes and visitors pay for it by either daily rtes or meter coins. The real difference is not if it is available on an equal basis, but how the money is collected. • Everyone in Collier County, visitors and residents, pay to maintain our beaches and beach access. Visitors are not discriminated against and can park in metered spots, parking garages or parking lots by paying their fair share through daily rates or metered coins. i • Metered parking, parking lots and parking garages are available to everyone oia a first -come, first -serve basis. • This policy has not changed in Collier County for over twenty years. • Naples is renowned through the state as a visitor friendly community. The City of Naples consistently ranks as one of the states leading communities with the highest number of public beach accesses. Additionally, please keep in mind that Collier County has been completely transparent in all of our discussions with the state. We have exchanged incredible amounts of information between our organizations. We have a signed contract for this work. In addition to lengthy discussions with me, your staff visited Collier County and reviewed with the Chairman of the Coastal Advisory Committee state parking eligibility criterid prior to the execution of a contract. Your staff in the past has physically inspected an4 spot checked beach access and parking to assure the correctness of our information. Our parking basis has not changed in twenty years. We even have the precedent of a previously completed state cost share contract with the same parking basis as the curr�nnt contract under dispute. I can't stress enough our efforts to consult with FDEP in the development of our proj t and to insure the dxtent of your funding participation. Since state cost sharing would e a significant portion of our funding decisions, we wanted no surprises and at every turn your organization was involved and bought into our project plans and details. We exchanged significant amounts of data at your request. After the state's review, you I concurred and your staff cheerfully notified us that our contract would be under the sajme cost share basis as in the past. We entered into a contract with you and our re- nourishment contractor in good faith. Agenda Item No. 16F2 January 23, 2007 Page 44 of 74 In summary, our beach parking policy is fair and open to both residents and visitors oA an equal basis. Collection might be different, but everyone pays his or her fair share to support and access our beaches. This policy is equal and consistent and has been the I same for a very long period of time. Collier County has done an exemplary job in working with the state in sharing and exchanging information. All our exchanges have been transparent, complete and acceptable to your staff. We have a signed contract atid the precedent of a previous cost share contract under the same parking basis. We havd entered into a good faith contract with the state, committed and spent all the funds. I am attaching a spreadsheet that identifies all our parking spaces and public beach accesses by type. This has been updated to reflect recent additions and changes to oui± parking. We thank you for your consideration on this matter and await your response. Sincerely, Gary McAlpin, PE Coastal Projects Manager Collier County, FL � C Q C cu cz Q l 4 N C � 0 10; O M � C IA G m C s o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f 10 O O O O O O O O O O O O m a � c � ' = e v m . OQO dO O N O O O O O O O O O g O 0 0 0 0 0 0 0 q p O'O O O O O In 1n to N 10 N m V m ma � o00000000g00000po�000gpoogmop .cln`^oo 1Qi a m °o C � O N a �O a 10 Z N CL w _ ce e e R + r � � N O F 0 OOmOOMmM V 7 V OOH V t0100M 4D 10 0.0000 M 00 N a M `o O m m LL a N0 0010).^ -Y.N -� Oan n co n t- co 0 NO On 0 00 N J a 8 S pp pp p p pp pp pp o p p p p p ��Q OOO�j f+(0 f00 rm fD tO 1p YNI 101000 iDn 0)OO goo w OD co W A m w V'N N V tIN q p 0^1� 1NNO�pp 51111, `��`�jj �1�yy OA_O yA iD yO OpD yO pO '7 aN} ON ..Nqq NNp OO 00 O O S SQ SfV00 fVQ0 8 N O 4. m . . .O pp� gppg p a+0 +�b m + + + ++ +1010 W tO mtD[O co mm + + + + + +`D + +�c' nnr-�♦ nrF r +rrY +n7 +n n�ni00� 4n nr gg 8o�SB000000g8008g0000�8$ �� oO p a0 �l o nmm ca to m�� m co rmo�lgD rno i•.�n�rti�nr� -gym nmm p C ^ �1+Li c�/oND Mtc�Om $ + 8�0+0�^ �fpAi0 OmOf+O �ioo+o+ Oo+ ^N�(`��ogp^1`ool0n0on � 4 Z w 10 40 O Mm mmn NrgA m u iax�z ills mZamKZ� �_ HNfn to Ntn a+o�o000o E$ a m`crj m Lam{ �ror4dk <¢<=6¢44<4 <ai<4<4444�<,$y�� w a mmo`ttz 2 rm o Q zC5Lu n >r�¢i¢� � EE�EE a N I"7 LL O ti Co ON - z � G cu m -0-3 v m Q Al. s r000000...... m S' C da q m e d� 4 fA Z 9 o O O C c A � d �C a v m Y A m 0 0 0 0 0 0 0 0 0 0 0 0 0 Q � C O 0 0 0 0 0 0 0 0 0 0 0 0 0 o p `o a o u rooms o0000000�0000 � c m 0 0 m c a A m .0 a o0000000voopa• C m a � x c c c $ a Y 9 m � O p C F a `o a �a o000000p00000 m o` m t� N to th eCp8G eoY O �'n to t y N N N ry N N N N N M +tyyQ° + 0 g 5* p ♦�� E �x�xx�xOGxz c c f C i N or N cr ct: 0: X W Nt�00 to 10 to v 00 Q EEE + m +Ez - �^ e acccryQ 8�jo�N No r q N y V IX d�amp� jQQQ o a� p CIE 1, U ��5� QR.{�� L�8 •� 0. 0. a _ h a b c no C7 NrIt LL Or N O 1 J CY Q 3 LL 3 7� 1 J b a Vtu+ r6 W s J } r !C :Ek S g E J C Zs u 0/7 O1 W � �� fD iO f0 �0 f0� fD �04� IDA Of ��m 10 W aO IN -��10. �aD YN N O � O 00000000000000000000000DOOOOOQOOO o O O O O O O O O O O O O O O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O °m�� h� r Of'1 O1m'm AOp co IA �(p f�0 (p /ND tON�N�fAO��r OD dO On1i �. fO OD a�O f N m y y ��pp g5� gg M op�oN$ 2GviN�v�2Grni�� 111�uNi�e'��iv�`��id�ifa O O Q N O O1 N D O O N n m h C R N aO n b N N M N N Y fV C A O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O D O O 2 N OO O O O O O O O O O O O O O O O O .. 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AA s10N n��m��/b ^AINw�n S�fO m �� A R1 h ll!! n Pf n n n n n Rl n n WEE EpYYp��$YY�gg4Y�� '�� 1D IO fO 10 fh0 iO 1OnAI�l�nhn AnA nAnnAnA SS IQ h N17) l`QpNf+i ��1��(y`gNjp�(�Yp 1 ^yy° Yp� NAY qN IbyQn�taQ+l l+iM �p ♦Cp }O �Q Nf�4NV. ?�Y p�q�pi� Yip }p q10 1112086fosi IRDIn NNIt•/''" - Ih''" fro ih+01� °q1 Ts u I� 4 4 4 4 4 4 4 4 4 m 4 4 4 4 6 4 4 a 17i m C -4 N i5 N t`-- It tL O rl- roN O Z 0 �a mcz cm po 0 0 N m 0 G 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 O O 8 O 00 O OD f0� 000 Q Ok fDO Ok Wo 0 0 0 0 0 0 o o a Q m0000000g000 f° m 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 O O O + 0 0 0 0 0 0 0 0 0 0 0 0 O 0 M Ix O w o0000000�oq�000 °.� N T 0000 O C m 000000000000 0 h a okoCN m m W O l+jO l0�l +��ppO NIpp+j� + iNN NNNN(OV N 0 r NNN NNNN(OV NN 1 P 1 N N N A {+y + N N N N N N N N N N a CO to c fD 10Qn00 ffDD 1� N � p + �p p p Nl� C C C Wryi� � m O Q O t rtyy If 4 t €i»>¢Qf`ay �o rte¢ W o h�0 SOU �� » � 15 �`I C7 His + e m aCL 0a0 ? -0 $ ro� O O N po 0 0 N m 0 CD O O O O O O O O CL ^Vicl, N p O 0 O O QQM !1r -N $N^o N o enri ai N p� (p 11�Nf�V P ID co o m N O O K Q h IIn 0000 O v o0oo 0 w T 0000 O in C C m E okoCN m W LD 0 r 1 P 1 N N N A a N � p + If 4 T N O + Q �!9 1N0 O O N oo CO to N a� » 33E LW g p �$ N mm A =BS • uPN 1a C 0 N 4 d Agenda Item No. 16F2 i January 23, 2007 Page 49 of 74 P�blte Access LF Leout or Lead. vn wee re Moored or nono boacte M Metoretl aAyM p 3 p a ces 3,643 Total LF-EqulhreM 0 LF•Total 0 Accns s out Aecosa Fee o► Permit or Foe or Pertnit In -Median In-ROW Ellgibte Beach poach 0 D 0 Public Public Spec" Length Length w wuu. - 0019FROM tK744 m UZ) Marco sough S60—of Ackof Length ` 44M fev SwallowAve (R147 +250) 100 Hilton (R- 143+67010 144+230) 230 Rodisson (R144 +230 to R144 +664) 334 Charter (R144 +564 to R144 +988) 402 1 Memo South Segment 1,066 1 Ii t 1 I I i B9 1,320 0 0 0 0 0 0 0 0 0 69 3,643 3,743 0 0 0 0 0 0 0 0 D p 1r 1,320 0 0 0 0 0 0 D 0 334 0 0 1.722 2,640 69 0 0 0 D 0 69 3,643 7,349 )eb Bush Governor C d 6C `IrZAgeflt9QAAR76F2 23, 2007 Department o .1 Environmental Protection Mr. Gary McAlpin 3301 East Tamiami Trail Building H Naples, Florida 34112 Dear Mr. McAlpin: Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 September 1', 2006 SUBJECT: Collier County Parking and Access AUG! 18 2006 TDURI$M DEPT Colleen M. Castille Sectietary LW 9411 6*_7 I am writing in response to your letter dated August 11, 2006 with regard to public parking aind access in Collier County. A recent site inspection by the Department revealed differences between actual parking and parking defined by contracts with the County (01 C01 and 05C01). The Department sent a letter on June 26, 2006 to notify the County of differences in public parking and asked for further verification (Attachment 1). Following receipt of the letter the County notified the Department that metered.spots did not need to be paid for by County and' City residents with beach parking passes, and the only way to obtain a beach parking pass was to be a County or Cityresident. Since Florida Statute and therefore state funding contracts] require parking to be open to the public on an equal basis it was determined that all metered spots were ineligible for cost sharing. Your August 11, 2006 correspondence offered the explanation that residents are not required to pay a parking fee because they pay ad valorem taxes and that parking is open to residents and visitors on an equal basis since everyone pays their fair share. Upon review of the explanations that you provided, we find that beach parking is not open t6i the public on an equal basis, as required by state funding contracts 01COl and 05CO1. Cleary, permit parking spaces are discriminatory as they are not available for use by visitors. Whip both residents and visitors can utilize the metered parking spaces, the cost varies between the groups and therefore is not equal. This position has been applied consistently throughout the state and has been our intent with our funding contracts with Collier County. Permit parking spaces have never been eligible as can be seen in Attachment B of both contracts between the Department and the County (Attachment 2). The issue of equitable pay between residents and visitors was recently raised when Department staff inquired about the County's parking garage fees on February 14, 2006. County staff assured the Department that everyone who parked in the parking garage would be charged a five dollar fee regardless of residency (Attachment). This is apparently not the situation that currently exists. Under contracts 01 C01 and 05C01, Collier County agreed to maintain parking and access on an equal basis for the life of the project or reimburse the Department for all funds associated with the removed parking and /or access. This includes reimbursement for designlpermittin §, construction, and monitoring. Paragraph nine of the contracts reads: "More Protection, Less Process" Printed on recyded paper. Agenda Item No. 16F2 January 23, 2007 Page 51 of 74 Mr. Gary McAlpin September 1, 2006 Page Two 9. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B (Funding Eligibility); attached hereto ind incorporated herein by reference, for beach use throughout the life of 'the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general *blic on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENTiall funds provided by the DEPARTMENT associated with any beach access site where' maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of thq PROJECT. The life of the project is designated as 10 years pursuant to paragraph five of the contract. As a result of the County's indication that residents are exempt from paying to park in metered spaces,. it appears that the County is not in compliance with contracts 01 C01 and 05CO1. i At this time however, the Department does not wish to seek reimbursement of state funds. Rather, we would like to find a mechanism for the County to come into compliance with the requirements of the contracts. t While the Department recognizes the fiscal hardship that may result due to this determinatjon, it is our intent to assist the County in resolving this issue. Staff is willing to meet with the Codinty, if necessary, in order to resolve this matter. if you would like to discuss this matter or arrange a meeting, please contact me or Becky Roland at 850/922 -7857. Sincerely, Pa n E. Woodruff, III I Bureau of Beaches and Coastal Systet s Enclosures: Attachments 1 — 3 cc: James Mudd, County Administrator 4.eo Ochs, Jr., County Deputy Manager Jack Wert, County Tourism, Director I Michael Pettit, Assistant County Attorney Mark.lsackson,. County Budget Office t Ron Pennington, CAC Chairman Phil Flood, BBCS . Becky Roland, BBCS I BRCS file i Jur*26,�200 ............ Agenda Item No. 16F2 January 23, 2007 Page 53 of 74 FUNDING ELIGERLrry COLLIER CO"M BEACH NOURLSHMENT Vanderbilt Beach Segment Public Access On-site Adjacent Total I Spaces Spaces Spaces Dcln0r-Wiggins State Recreation Area* 340 0 340 Vanderbilt Beach Road 0 18 *Primary beach ac=s containing a irunun'um of 100 parking spaces and public restrooms. i Qualft!a& Hotels La Playa Q0HfYbuzAhQLe1Lae 3601 I 20M Site inspection conducted by DEP. Public Aiws Horizon S?4.tay vt:r o way Parkshore Sement On-site Parking, Spares blic Permit Total 28 14 42 27 10 37 Adjacent Spas 0 U Ebgibi* as ofApril 2006. Site hopectim candwied byDEP, Agenda item No. 16F2 Jan ary 23, 2007 rage 54 of 74 Tot l Eli le S ' ces 28 27 i Agenda item No. 16F2 January 23, 2407 Page 55 of 74 Maples Segment t'ublic Access Utt•sits Parking Spaces Ad acent Parisi 3 Stets TOTAL Eugilsle Lowderrm1k Park 8* Avenue North Pubtle 52 Elm tbtic 0 p,�nmkt _ 0 j &-&m � sz J* Avenue North z 1 10 n 2 a 0 Ito North Luke Avenue 20 18 0 o 11 6° Avenue North b 0 0 20 4'r' Avenue North 10 0 0 0 0 6 3 Avenue North 10 4 0 11 110 2!" A -etue Forth 12 � 0 10 I° Avenue North i 6 0 0 12 Central Drive g { 0 11 P" Avenue South S 11 0 0 b 200 Avenue South 7 4 0 S 3°d Avenue South 8 6 0 4' A,=uc South 0 5t° Avenue South 11 0 0 10 Avenue South # 8 1 15 [ S , 35 Avenue South 10 0 0 6* Avenue South 7 5 0 0 10 9 Av"ue South t[ 4 0 0 7 10"u Avenue South 0 0 i I1 11* kvttwc South ; S G � 0 7 Broad Avenue 20 0 0 0 6 126 Avenue South 1 0 29 0 144 134 Avenue ,South 32 0` j 31 146 Avenue South 16 14 31 156' Avenue South i0 S 0 0 116 Wh Avenue South 16 13 0 j 10 174 Avenuc South ; p 0 0 I {, ISO Avenue South 12 3 0 7 19$ Annuc South,, 0 l3 0 0 12 21" Avenue South 0 0 0 0 0 p 0 ;3 ' 4 'PrinAry beach access contatntng a minimum or " CZual ifits srttthern 140' orprojeo area using 3 too Palkica '°ro and c blic.txatrnott i 8 su rebus . ! 804 Avenue South. I i Eligibility as of April 3006. Site motion coaductod by DEP. Agenda Item No. 16F2 January 23, 2007 Oage 56 of 74 Attachment 2 OICOI and 0SCOI At#achmuntQ 8 Aueead 16F2 Jan ary 23, 2007 Page 5 of 74 �►rr�ans�rr r MUM ZLT413u=x COLLIER COUNTY SB,AMNOURMEM iT PROJECT VsAdaWt PWJea B0uv4AW. 330' sw wf RT2 to 110'mthofR31 Anx+oxi we V oreiae 8,735' DMI. Age= SDAW, S Boom 1 S C PAgresdon Am* 340 '0 340 Vndert& Haub Rood* 149 18 167 'Primary beach a0=W:ootptr nWX a of 100 pad* spews and publk restroo tm pk�m�a't4 Amm 4d to be WMdv -aMsM 350' $0u&4fR22A0 .1S0` Past* ofT25 into 1101 waho mI SAW Totd aboWe *Amuw ka& 7,6W Totat PwJeM shatei M kork 8,735' Pmt ebb for Stata °mss .87.;6'x. Attachatat 9, oEP Prujtat. Agrosomt No, O2col, Paga i or 6 i rmm swaremm I Agenda lt6R-+N 16F2 January 2 ,2007 Page 8 of 74 Pmj= &mWary. 400' mwa cfT30:to 3W South dTS4 Busude Bid= W.—W am 28 14 42 0 Is vdWU V&Y 27 to 37 0 27 i6m eau -&V AMM ,54,.r .. ,, :, Tow Aftme oorcan kqgtk-3�w Tbwp*d kq* 5 -v PI=OW4ftVbkfvr8tsttaAmdbV.6"j% 0 P"* 2 of 4 J TIJ l= IMIGUILMY COLLIER COUNTY BEACH NOURBMAENT PROJBCt' PMJM. BOWdur: 4300' DWM OfAM to .R79 Atrptoxct+sSboralim 14cou jq,+ l 16F2 Jlary 2 , 2007 age 5 of 74 I E 7 T I i TOW pubuAgm OA-dft Parift rum k Aajunt Spma note Ruck 8*Av=mNortb 52 21 162 0 Pnblic 0 PVMR 0 52 Imm 7"" Avg North t0 2 0 0 a 0 21 10 North LabaAWOM 66 Mom North 19 6 I8 4 0 d 19 5" Amm Nartb 0 0 0 0 d 0 6 0 4* Av=ue NMb V' ArumNorth 11 4 0 0 11 e AVMos Nortb 10 12 4 4 0 0 0 0 10 12 1` Avers North 11 6 0 0 11 CaUdIkim g 4 0 0 9 1` AtoW* South 2"4 Ave=* South 5 7 11 4 0 0 5 3td AVeMW South 8 6 0 0 0 0 7 $ 4'b Avraut Sow 5 *Ave4iue'SoesRin 10 21 5 0 Q 0 10 60ASouth 4 8 20 15 4I 7d` Av=w South 10 6 0 0 10 8* Avocuo South 6 5 0 0 6 V6 Aveme Guth 11 4 0 0 11 to* Avow South 11* Areamt loath 13 $ 6 0 0 IS Brrad Avftut 12* Avesm South" 2d 4 5 4 0 28 0 (1 8 48 I!* AWAM South 22 0 0 103 9 0 0 107 31 14 *Awouds Sonih 1:5* Avaa w South 16 10 1+1 0 0 16 16* Arms South 16 8 13 6 4 0 0 16 20 17* Avon Booth 7 3 5 0 12 10 Arm South 19* Avmw Sou&** 12 0 13 14 0 26 2 t' Arent South 0 0 0 0 0 0 73 0 0 *'Q� a of 100 peuft a xs,end: r trootns 140 pu'ls'es 3 1m is— vM c South. Atte+4'1m"t 8, MP Prolrct ftr*w*nt *0. 01001, Pago 3 of 6 16F2 Jlary 2 , 2007 age 5 of 74 I E 7 T I i and"alleak adpwAterubw X90LINUO TOW ONS1W *Anlw hostk:l 7j4V Tobirlded dwam bq& I%W %r Stets #MAW am% A"achs"t so 0" -Paai *Ct Agromm" No. QU*&# ft9* 4 of 4 16F2 2007 of 74 rakc at7.taxauisx COLUER COMW BEACH N3L1EtOtibOM MOJBGT Matt+oit�cl, Ca�i�agaaeae� Pmjcd 39W aouh,afRU4 to 3W aomthofRI39 APP a S,�i20' b O"ta r*w Tip Pawl •f�icim�ay tx�ch a a�ontAiottig � .off' 100.p �! pnbtto re�ccnauas. Am ddetmtwW k be ea"elvt Toast Leek PDWh 4fM34 to 22.V ram& otRi37 2606 T*tsd elide uw Tow project ire kv8 t: 5.m. Pa cmt VAISNO br state bmikv S2 g*/. att&Cbmeat !F. L7 r ft*aj *t Agromment aka. 01001. ?ag's 5 at 4 Ager"�a� . 16F2 Januory 2 , 2007 Page 1 of 74 I � I f k I PmjaaBowdur.33iVeot&*fRi,c4 toWmAofRI43 TOW c%ft lb"*HW kvgUc 3,12V Plermt 1911,10bb fu.stsultilitift 'W14% &tt,kcbwmt 3, m its *ct Accooftnt No. GUM, ftg* 6 of I I 16F2 2007 of 74 70 35W Aum Aftm*da sw TOW c%ft lb"*HW kvgUc 3,12V Plermt 1911,10bb fu.stsultilitift 'W14% &tt,kcbwmt 3, m its *ct Accooftnt No. GUM, ftg* 6 of I I 16F2 2007 of 74 ATTAX2MENM R FLI.MINGEUG18MM COLUIR COMY MIL&CU NOWUSIDMVT Vsnderbut Beath SepwMt Pfc0a Soua&ry: 350' south ofA22 to R37 AWrw&nalx- ShateUm Lengft 15,055, Pjb1iC&M Doloor-Ww"Is Stec RACrftdon Am* Vandmbilt SCICh PLOW Agenda Item No. 16F2 Jan,ary 23, 2007 age 63 of 74 On-site Admit Tow $Dam &RIM S'PAMS 340 0 340 149 is 167 'PsinwY bftch aec"S 0ontaining a minimum Of 100 PW*j4 spies sW public reurooms. omavhftnoteb L.apkya Are—*- dj%L*jW, W be gUbfidV. allaAWe 3W $01A 01A-'b toj5 , orns R26 to 120' north of R3 i Area -49ftM1ftedj& bG edfleggy gM&-d 822.3 4U0.5 QualitAng Shoreftne 3MV Imal Lwth 2.640" 5,0w Tomt e6gible shmviine kngth: 7,tw, TOW pwjea ammlim length- 15,055, PSMW CUbk Or AM fiadju: JQ,75% *State e1why ko"Paraw tk total project k%*-(0dLkM wd wwakkal) aW clirAffity o* m=Vjnm.puWic1y DEP A*=== No. 05001, AMWW=n B,.P*p I of 3 Agenda Item No. 16F2 . ..... - w .. Janyary 23, 2007 Rage 64 of 74 Pam c ftQj* BOUP&T, 6' mouth OfM3.10.39V swh afTU Apps Sbw96tz6 : I t,3W I. T' p� P k ow Hcsr M WW 28 14 42 0� 28 Vdaft way 27 JO 37 0 271 ; T -LADO& i TOW P*50 knOx 1-1,330- EIM SHO SUM flag= i r tftbft WQOWMM the iot7d pwojea.i icraias3 awl �a- cc�iic�l) u�i � �i�r 'secs �bi�Ci�r awe f DEP-AS=OM M- 0= 1, AUeaiMI=t 0, PAV 2 of 3 Agenda Item No. 16F2 January 23, 2007 Page 65 of 74 Naples Sit Pmjta Bounder. 1 A00' comb o[ RM 4* 7179 Appmbn= Sbordinc i a 4p: 11Y.4O' TOTAL Oar C$p=cd E119RAt btfrA ft Mk not Its i.�4�+0�ipailk'1'krk .52 162 0 0 52 $o' Avow:"" 21 0 0 0 21 70 Avvow :1 10 a 0 it) w.h Lsictxvaux 19 18 0 0 is 0* Avmw Mob 6 4 0 t1 � S" Av==?1** 0 A 0 b 0 40 Av C No* 11 4 0 3"tAvmwt xrk i0 4 0 p 40 Avg t+l" 12 4 0 0 t i" Avmw Nwetb 11 6 0 0 ! 1 cancel olive 6 r 0 0 S i" Amt South 5 11 0 0 3 3'` AVOMC South 7 4 0 0 7 Y4 AvtUW SOMb 8 +6 0 0 S 0MUMS006 t4 5 0 a 10 Au .Sou* 21 0 20 t5 41 6� Av"w Sa y& 4 6 0 0 4 7 4vcwX Scrub 10 4 q 0 1p A-VAM Soolk n 5 0 a * Avow South i 1 4 0 0 i[ 4doAvwweSOU* 1S G 4 0 15 1 to, Avonac'SMk 8 S 0 0 S Broad AVCMC 26 0 46 12" Avanuo SwA- 4 0 103 0 W7 1 P AvM= -S*Kb 22 0 9 0 31 10 A+rmoa 5vah 16 14 0 16 tPAVCUCSM6 10 t 6 4 16 3e Avcwa Sad& 16 13 4 0 24) t'7'* At`S&b 7 3 5 0 12 ISOAVOWSOUth 12 13 14 0 26 19c` Av~ SOtab* - 0 0 0 0 0 31' Avc= South 0 0 0 73 0 bond acac = caau4�ft.a mjaj t m Qor too lutric*%� Md CHs. '` QUdifix Asa 140` s�f'prcOMMM u�6 3 WV%*Q* =S W Ir Awo 2C Sands. AM nno !�ili�11�4't1fE :i11iTC11.�1',0 26F 4iD U1 T i1 V*fftt't 1'7.423' TOW .Pw3ctA ,shorclim la%thc 19,4Wt V-11 It V �� t� DEEP ?4o• Yu7Rirt„ 1, jkiaE:brwK Be b 3 of 3 Agenda liern No. 16F2 Jan0ary 23, 2007 Rage 66 of 74 Aftacbmnt 3 E-mail Correspondence Agenda I 'em No. 16F2 Jan $,(WD7 Page 67 of 74 Roland, Rebecca From: Mc 1pinGery [GaryMGAjpinCOcolliergov net] I Sant: YVOdn*sciay, February 15, 2W6 9:57 AAA To: Flood, Ptd Cc: Roland, Rebsoca Subject: RE: State Funding Legb ti3y f M zhenks,for tt*WrQ of us. When this was first Proposed, "wed with Se ky because I was adnoerned about our eligibility funding. This garage will #arpe everyone who perks in It $5 regardless of where they live and is open to the general public on an equal basis. I I believe we are OK, Cary j ---- -OtVnat Message— From., Flood, Phi [maiitrr:Phlt.FioW*dep.staUe.l usj Sent: Wednesday, February 15, 20% 9:51 AM To: MrltipinGary t:c: Roland, Rebecca Subject: Sbft fur dkV EiWaty saw this article in tine press clippings and wanted to remind you that In order to qualify for stag funding beach access and PMrWQ must be open to 'the pweral pubk on an equal (oasis. This is speclii6d In our Program rule and Is induded in all funding contracts. CU rently. Caller County has been able to meet our funding requirements by $OWN aside a t number of parking spaces for use by be -general public and the remaining spaces are dedlks for use by terns with parking permits. Ptt1i i i�3.1CSi7,CW6.!COTI1 i f [Collier)'County to decide fees at parking garage By Lany Hannan Tuesday, February 14, 2006 Collier County cotnmtissioncrs could make a decision today on how to charge people who parkin a now parking garage on Vanderbilt Beach Road. _. The e-st 342 cry, spree paling garage will open sometim in February. It cost about $8.4 million to build, sW was construed to increase the parking for people who want to go ro the beach. f Agenda Item No. 16F2 Jan 2,*f27 Wage 68 of 74 C issivu= had plAMned to chetge a SS pang The to evayme Who uwd- , But �t month. local =ad= lam op Pebt Toned CQiliar Couaty ionm to tlg� pig fft fn2' people who own. beach sdeka s. a. i A1tr Benefico.peddoW for the qge, cwmgwimem deed to - review all aptiow $or the VMIM COtt Y staff is wTeaed to oar &e c ommasionm nw iplc options m how parjanS Sm,ge r4m work. Some OOM include dnr&g no Pad* fee, chi a %G dUdM busy tim*s but ke9pin g the SWM4r. free at other times, imd wiling an annual pa idug pass, Beenh acmw has bin, paoblemahc M UUMCOrpmVed Collier-Coutsty because tbM are ' cw bib Boom points. flifiraals.ho;M the new PMF WLU Mak it easier to get people Yo the boa . The 'gamc vatic replace tk ISO.space bt near the Vacderbilt Bcaeh tmmmuad about 100 ywds WAY : f -OM the Rite - Carlton bmb zesorL The =Wty will tyke Out 109W to pay for the *Me and FAY the money biwk with tounst developmen4 or bad tax, may. T w discussionof the parking g fs-ctt to start at 4 p.m. leb Bush Governor Department of AW,0 ,o /„ Environmental Protection Gary McAIpin 3301 East Tamiami Trail Building H Naples, Florida 34112 Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 October 12, 2006 Subject: Collier County Beach Access and Parking Dear Mr. McAlpin: Colleen M. Castille Secretary RE�EIV�D This letter will provide you with the information that Paden Woodruff and I discussed with you on October 11, 2006 regarding state funding eligibility for the Collier County Beach Nourishment Project. This will clarify some of the points that were raised during our phone call. Based upon the beach access and parking information that you recently provided, staff has re- calculated the state funding eligibility for each of the three beach segments included w ithifi DEP Contract 05COl . Listed below is the eligibility for each segment contained in the existing contract and the new eligibility that assumes that the parking spaces are available to the public on an equal basis (i.e., that no special considerations are given to a segment of the public in terms of cost or availability). Proiect Segment Existing New Vanderbilt Beach 50.75% 23.32% Parkshore 27.31% 3.37% G Naples 89.54% 66.28% Staff has applied these new funding eligibility rates to the beach nourishment construction costs to estimate the new state funding contribution. Using the information that you had previously provided, staff has estimated that FEMA's Public Assistance Program will contribute $7,2;66,767 to replace sand losses incurred from the 2004 storms. This estimate reflects sand placeme$ t costs only, and does not include the dune vegetation cost. The estimated cost sharing for construction using the new funding eligibility is: FEMA DEP County Total $7,266,767 $1,637,487 $10,934,630 $19,838,884 Please be aware that these are estimated costs and reflect only the actual construction bid that you had previously provided. In order to accurately determine the state cost share, staff will need to verify the public parking that you have proposed and we will need documentation 10 "More Protection, Less Process" Printed on recycled paper. Mr. Gary McAlpin October 12, 2006 Page Two ,Agenda item No. 16F2 Janbary 23, 2007 Page 70 of 74 determine the extent to which FEMA has participated in the construction of the project. Xthis information is validated, it would appear that the $12,537,219 that the County has obligated for construction under DEP Contract 05CO1, would be sufficient to cover the local cost sharp. The estimated $1,637,487 state share depicted above represents a $972,785 reduction in ding which would be available if the parking identified in the existing contract was accessible o the public on an equal basis. As we have previously discussed, there are several options avai able to Collier County that could be used to increase the amount of parking in order to qualify fot additional state funding. These alternatives include: j • removing some or all of the parking meters; • requiring everyone to pay to park at the meters; • or making parking permits available to both residents and visitors at the same cos. i While I understand the fiscal implications that this change in funding eligibility will have; on Collier County, the Department has an obligation to employ program Statutes and Rules Oqually and consistently to all local governments seeking financial assistance under the Florida BWh Management Funding Assistance Program. Therefore, it is necessary to modify our funding contract to reflect the current beach access and parking availability. Should you wish to discuss this matter further, please contact me at 850/922- 7721. Sincerely, Phil Flood Senior Management Analyst II Bureau of Beaches and Coastal Systems I cc: James Mudd, County Administrator Leo Ochs, Jr., County Deputy Manager Jack Wert, County Tourism Director Michael Pettit, Assistant County Attorney Mark Isackson, County Budget Office Ron Pennington, CAC Chairman Michael Sole, Deputy Secretary, DEP Michael Barnett, BBCS Paden Woodruff, BBCS Becky Roland, BBCS Agenda l ftI*, 4 6TF12 January 23, 2007 Page 71 of 74 McAlpinGary i. From: Flood, Phil [Phil. Flood@dep. state. fl. us] Sent: Monday, October 16, 2006 8:19 AM To: McAlpinGary Cc: Roland, Rebecca Subject: RE: Collier County Cost Share Calculations Our figures were derived directly from info that you had previously provided. We'll look over the new Oformabon and let you know if we have any questions. From: McAlpinGary ( mai lto:GaryMcAlpin @colliergov.net] Sent: Friday, October 13, 2006 11:15 AM To: Flood, Phil Subject: FW: Collier County Cost Share Calculations From: McAlpinGary Sent: Friday, October 13, 2006 11:12 AM To: phillip.flood @dep.fl.state.us; Rebecca.Roland @dep.state.fl.us Subject: Collier County Cost Share Calculations Phil, Our Calculations are different than yours with regard to the Cost Share amount from FDEP adjusted r FEMA paid quantities using your revised eligibility figures. We think that you owe us $2.8M + ++ instead of th $1.6 M you quote in your letter. My spreadsheets are attached. Gary Go c��Erz CC) V,v ry n vGr7'1VA1AW 6- OP I fD 610 L= GlG18 /G i Ty �f?�E��.S 10/18/2006 Nt^- Izi- LL O tl- �+' y N= Lt) CO 000_ O N [f ti r N LO ZC`�� ? O U 9 O O CO M O O V t) cc CA a � � O cu � CA Q � 69 M � rl- O � N �� X69 � M �f 00D OLU 6s ,: C7 O 'D 47 O O O LO Ul) 0 M M M M M Wes) C z CO CO 00 CO V CO tD CO (O CA O) O O CA > Q z M O 0 0 O 0 CD 'p) CO U 000O N NN NN f 1' W O C 0 0 0 O 66 O O y CD O M M O LO M N 00 CQ N CO C ~ 0 'IT CD _� N '> C 0 '- N N .t Qj 0 N O N � I, co co co C0 = U ov�v��c� n�61,Vj CO g6N9N� M W) M �� j � IT m ti�V)U� 0 co c� �; (%) CV N r r d M M M M M CO LL! 00000 O 00 00 J � y0 N a d C 0 O C O O M .� ti co co 0 0 co CO ct cs CO h- CA co M N_ V m C g �q-NM0 � r-_ N aC9 y N �f' In N N tiN P, CA (j > m p (OVA 0 � 0 � � p r r 0 ~ o 6g 69 _� 69 69 fH 69 M 6R? N' p •- 2 E coo0co (Dti CO 5 Ln Lt) v LL r�Q��d i�100N0~ON V Q d N `O LO 0 OC Q LL O Cn M' O 0 V C U ( 64 O O rn d O O IV V ti 0 (O O 0~0 V) N C' ,�- co M t} � ti N O V NN 0) Lo 0 c N 0) T- p O N - N CC) 69 69 69 69 CO � 69 `- 64 co 64 O 00 N 'T N 00 CC�ppp F3 C a � CC) O M ' m y =3 Q d N LO CO f 0 N r M Ce) COO N U CAv N co co CL O r sr Lp O vfl- Il- N CD C CN 64 N N N 64 64 69. To w H N c l0 .. o N IO- 0 N Cn A `p 13 E =mY `p N O O mp C .Q N U N C d y CU N y > a z° a z 2 2 m° w N Ind JA,- 0 fl- 7 w... J O z N ti N t0 O and a hO•, ~ M r, O tt _w CO t0 O _M r N r C co to W): CO I*- N C� Q i� yy CO N CN M O I i tw, cc Z ce) M d N r N N E Zo U tP CV C N too M COO IN r I M M N O L Q CL N �N A p Q C m �- co O o O o 0 Go N = m N r at � O :r+ O LO C LO M LO LL. W LL T O CD to O) p O �} ,y O !t v - ty3 � co (A !P r N w co e� CC) Cr � M O > U as 6 U � R R - C �3 0-- 0 0 t° 0 o Y d CL `R V v �''' d � c = C C R �� C q� 9 O. ;� E m o "' - I Cy r= C) N w f or m .� c F- J O U. �� Q m a d � ce i UW. 12 t Agenda Item No. 16F2 January 23, 2007 Page 74 of 74 12/21/06 FDEP Nonresident Beach Sticker Rationale: To determine the worth of a resident beach parking sticker under the current program, staff calculated the tax burden of the program by subtracting beach revenues from expenses for both governmental agencies. This tax burden was then divided by the number of stickers issued countywide. FY06 /07 Collier County Beach and Water Budget Fund 001 Expenses: $3,151,600 Revenue: $1,358,000 Tax burden $1,793,600 (county) FY05 /06 (data available) City of Naples Beach Budget Expenses: $1,460,064 Revenue: $ 883,600 County's Payment $ 358,385 Tax Burden $ 218,079 Total Tax Burden: $2,011,679 57,875 County Stickers issued in 2004 (data available) 14,823 City of Naples Stickers issued in 2004 (data available) 72,698 Worth of Beach Parking sticker is $27.67 Suggest that the non - resident annual beach sticker be priced at $30.00 due to anticipated revenue loss from daily parking fees. Agenda Item No. 16F3 January 23, 2007 Page 1 of 28 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $24,200. OBJECTIVE: To approve submittal of an EMPA Competitive Grant Application to the Florida Department of Community Affairs requesting a $24,200 grant to supplement funding of public outreach and education for Collier County in English, Spanish, and Creole and the enhancement of the Immokalee Multi - Agency Coordination Center Public Information (ESF -14) capabilities. CONSIDERATIONS: Each year the Florida Department of Community Affairs, through its Department of Emergency Management, holds a competitive grant opportunity for projects that further state and local emergency management objectives. Applications must meet one of the four priority areas outlined in the Notice of Funding Availability (public education, coordinate emergency relief efforts, improve training and operations and/or projects which address community emergency preparedness), and be for $200,000 or less, in requested funding to be paid from by the applied -for grant. The planned public outreach program, which includes improving public education on emergency and disaster preparedness in multiple languages and the enhancement of the Immokalee Multi- Agency Coordination Center ESF -l4 capabilities post- disaster relief and recovery, meets several of these grant criteria and is considered a good candidate for funding. FISCAL IMPACT: If approved this grant will reduce the costs associated with equipping a section of the Immokalee Multi- Agency Coordination Center and enhance public outreach by reducing costs to provide the public with materials for disaster preparedness guidance. GROWTH MANAGEMENT: This project will have no impact on growth management. RECOMMENDATION: To approve the submittal of the EMPA Competitive Grant Application to the Florida Department of Community Affairs in the amount of $24,200 and to authorize the County Manager, or designee, to submit the grant application for funding. PREPARED BY: Jaime Sarbaugh, Bureau of Emergency Services Public Information Coordinator Agenda Item No. 16F3 January 23, 2007 Page 2 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ' Item Number: 16F3 Item Summary: Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $24,200. Meeting Date: 1123/2007 9:00:00 AM Prepared By Jaime Sarbaugh Public Information Officer Date County Manager's Office Bureau of Emergency Services 1/912007 4:54:03 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 111012007 9:18 AM Approved By Mary Beck Executive Secretary Date Administrative Services Administrative Services Admin. 1/1012007 2:00 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1/1612007 2:12 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1110 ?2007 3:22 PM Approved By Michael Smykovrski Management & Budget Director Date County Manager's Office Office of Management & Budget 1115f2007 12:05 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111512007 2:56 PM Agenda Item No. 16F3 January 23, 2007 Page 3 of 28 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND EMERGENCY MANAGEMENT COMPETITIVE GRANT AND MUNICIPAL COMPETITIVE GRANT APPLICATION PACKET JULY 2005 VERSION FORM #008 Agenda Item No. 16F3 January 23, 2007 Page 4 of 28 -IMPORTANT- BEFORE PREPARING YOUR APPLICATIONS FOR SUBMISSION, THOROUGHLY READ THIS ENTIRE APPLICATION PACKET AND RULE CHAPTER 9G-19, FLORIDA ADMINISTRATIVE CODE SUBSTANTIAL CHANGES HAVE BEEN MADE TO THE FORMAT OF THE APPLICATION AND RULE CHAPTER 9G -19, FLORIDA ADMINISTRATIVE CODE $ IF APPLICABLE, ARC 4496 MUST BE SUBMITTED WITH APPLICATION. $ APPLICATIONS MAY BE SUBMITTED THROUGH THE INTERNET AT THE FOLLOWING WEBSITE: EMPA6W CA. STATE. FL. U S NOTE: APPLICATIONS SUBMITTED VIA INTERNET MUST BE SUBMITTED THREE DAYS PRIOR TO THE PUBLISHED DEADLINE DATE. $ APPLICATIONS MAY BE OBTAINED FROM THE INTERNET AT: www.floridadisaster.or2 /cps /2rants.htm PRELIMINARY SCORES AND RESULTING RANKINGS WILL BE POSTED TO THE DEM WEBSITE AT w",w.floridadisaster.or2 /cps /2rants.htm FINAL SCORES AND RESULTING RANKINGS WILL BE POSTED TO THE DEM WEBSITE AT www.floridadisaster.org /cps /2rants.htm Agenda Item No. 16F3 January 23, 2007 Page 5 of 28 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND Competitive Grant Application Packet TABLE OF CONTENTS Attachments 1. Title Page Format 15 2. Project Budget Format 16 3. Project Budget Example 17 4. Expenditure Category Definitions 18 Page Section I I Programs /Categories Available and Eligible Applicants Section II 2 General Information Regarding Application Submission Section III 3 Proposed Project Presentation and Scoring Criteria Summary Section IV 5 Scoring Point Range and Detail of Criteria Section V 12 Application Organization and Format for Submission Section VI 13 Selection Procedures Section VII 14 Procedural Deadlines Attachments 1. Title Page Format 15 2. Project Budget Format 16 3. Project Budget Example 17 4. Expenditure Category Definitions 18 SECTION I PROGRAMS /CATEGORIES AVAILABLE ELIGIBLE APPLICANTS PROGRAMS: Agenda Item No. 16F3 January 23, 2007 Page 6 of 28 Pursuant to Rule Chapter 9G -19, Florida Administrative Code, the Emergency Management Competitive Grant Program and the Municipal Competitive Grant Program make funds available annually to eligible applicants for one -time projects that will further state and local emergency management objectives. Project submissions must be designed to be completed within a time frame of 12 months. 1. EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM (General) - provides competitive grants to state or regional agencies, local governments, and private non - profit organizations to implement projects that will further state and local emergency management objectives. Eligible applicants may submit multiple applications, however, no single application shall seek or receive an award in excess of the amount established annually by the Division in a Notice of Fund Availability and published in the Florida Administrative Weekly. All eligible applicants, with the exception of counties, shall be limited to no more than three (3) application submissions in an application cycle. 2. MUNICIPAL COMPETITIVE GRANT PROGRAM - provides competitive grants to municipalities that are legally constituted, have an authorized, established, and maintained emergency management program, and have signed the current Statewide Mutual Aid Agreement (SMAA) and supplied all required information and documentation such that the SMAA agreement is ready to be signed by the Division as of the date of the application deadline. Each Municipal Emergency Management Program applicant may apply for one competitive grant. The maximum award amount will be established annually by the Division in a Notice of Fund Availability and published in the Florida Administrative Weekly. APPLICATION CATEGORIES: Applications are accepted in the following four categories under both programs: Projects that will promote public education on disaster preparedness and recovery issues. 2. Projects that will enhance coordination of relief efforts of statewide private sector organizations, including public - private business partnership efforts. 3. Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. 4. Other projects that will further state and local emergency management objectives which have been designated by the State of Florida as priorities in the applicable Notice of Fund Availability. NOTE: Priority points are available for applications submitted under this Category only. Agenda Item No. 16173 January 23, 2007 SECTION I1 Page 7 of 28 GENERAL INFORMATION REGARDING APPLICATION SUBMISSION Application packets and copies of the current Notice of Fund Availability and the applicable Florida Administrative Code (F.A.C.), Rule Chapter 9G -19 may be obtained from the Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100, Attention EMPATF Program, or from the current Internet site. 2. All applications must be no more than 15 pages, complete, accurate, and legible when submitted and must meet the requirements detailed in Rule 9G- 19.008(8), F.A.C. or they shall be rejected. If a hardcopy of the application is submitted, it should be securely bound in a folder appropriate for the size of the application. If a hardcopy of the application is submitted, an original and five (5) copies of the application must be received. The original must be labeled "Original" and must contain an original signature in ink of the authorized official as specified in Rule 9G- 19.008(7), F.A.C. If submitting an application on -line, one copy in Microsoft Word or WordPerfect format must be submitted no later than three (3) days prior to the published application deadline date. To complete the on -line application process, the Department must receive a hard copy of the title page with original signatures by the published application deadline date. Also, applications will be accepted on a 3 1/4" diskette or compact disk no later than three (3) days prior to the published application deadline date. The Department must receive a hard copy of the title page with original signatures by the published application deadline date for applications submitted on 3 1/4" diskettes or compact disks. 6. A municipality may submit only one application per funding cycle under the Municipal Competitive Grant Program. If more than one application per municipality is received by the Department under that program, the one with the earliest post mark or, in case of deliveries made by courier, the earliest time /date log -in stamp will prevail. 7. Applications must be received by the Department of Community Affairs, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100, Attention: EMPATF, by 4:00 p.m. Eastern Time on the date noticed in the Florida Administrative Weekly. If submitting on -line the file must be transferred to the Division at EMPAnDCA. STATE. FL.US by 4:00 p.m. Eastern Time three (3) days prior to the date noticed in the Florida Administrative Weekly. Facsimile transmissions will not be accepted. Eligible applicants desiring a technical review of their applications prior to the application deadline must comply with Rule 9G- 19.008(5), F.A.C. The application must be submitted with an original that is clearly marked and five (5) copies. Applications received after the technical review deadline (minimum 21 days prior to the application deadline) will not be eligible to receive a technical review. The application submitted for technical review must be in its final version. 10. All applications must be submitted not later than 4:00 p.m. Eastern Time on the date of the published application deadline date. With the exception in paragraph (e) of Rule 9G- 19.008(5), F.A.C., no application may be amended, added to, or otherwise modified after 4:00 p.m. Eastern time on the date of the published application deadline, other than to provide clarifying information as requested by the Division. 2 SECTION III PROPOSED PROJECT PRESENTATION and SCORING CRITERIA SUMMARY INSTRUCTIONS: Agenda Item No. 16F3 January 23, 2007 Page 8 of 28 All points awarded will be based on information provided in this section and detailed in Section IV. The information is to be presented in narrative form , and MUST address all six (6) of the scoring criteria areas as grouped below. Since the project application is to be presented as a single narrative rather than in a questionlanswer format, flexibility is provided to the Applicant in presenting the information, e.g., the Applicant need not repeatedly detail the description of the project in order to address individual criteria areas; or, criteria area #2 may be discussed in combination with #1, etc. As long as all criteria are clearly identified, grouped as shown below and fully addressed, the presentation style of the narrative is the Applicant's choice. The narrative should be concise and to the point, but no more than 1 S pages may be used for the entire application. Shown on the left of each scoring criteria area, is the maximum number ofpoints that may be awarded for that specific criteria area; this score information is not to be included in the application narrative, but is provided here for your information purposes only. The scoring criteria listed below is presented only as a brief summary statement of the more detailed information that is required in the submission. Each of these 6 areas should be clearly and fully addressed in the project presentation narrative. Explicitly detailed information on the full range of points that may be awarded for every scoring criteria listed is provided in Section IV of this packet. Careful attention must be paid to the guidance in Section IV, so that the application includes all the information necessary to ensure receipt of the maximum number of points possible. Failure to clearly address any of the eight required criteria areas will result in the scoring of zero (0) points for each of the criteria not addressed MAX PTS. SCORING CRITERIA SUMMARY Group 1. Description of Need, Proposed Solution, and Expected Benefits 150 1. Clearly identify, describe and document the emergency management need or problem, provide an in -depth explanation of the project, and show how it meets the need/solves the identified problem. if applicable, clearly link the emergency management need to the priority issue area(s) contained in the current Notice of Fund Availability (NOFA); 75 2. Identify and demonstrate long- and /or short -term tangible benefits of this project coupled with the availability of resources necessary to continue the project; and identify the number of emergency management personnel whose emergency management needs will be directly benefitted by the project. Agenda Item No. 16F3 January 23, 2007 Page 9 of 28 Group II. Collateral Information for the Project 100 3. Clearly describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local plans; 100 4. Describe why this particular method or approach to solving the problem was chosen over other available alternatives. Include a proposed budget for the project and describe how it is necessary and appropriate to the scope of the project. NOTE: A SPECIFIC FORMAT IS REQUIRED FOR THE BUDGET DETAIL (SEE ATTACHMENT 2 OF THIS PACKET); 50 5. Identify Applicant's matching funds, either cash or in -kind and include supporting documentation; 25 6. Provide evidence of the abilities and qualifications of those persons proposed to work on the project if funded. 500 maximum total points Tiebreaker - Answer the following two questions: 1) Has the Applicant's jurisdiction been impacted by an environmental clean -up initiative? If so, describe the initiative and its impact on the Applicant. 2) Is the Applicant located in a Front Porch Community? If so, please describe the location. After completing the narrative, use the above information as a "check list" to review the application. To ensure the maximum points, be certain the application contains a clearly identified and thorough discussion (as described in Section IV of this packet) of every scoring criteria area contained in the above. 4 Agenda Item No. 16F3 January 23, 2007 Page 10 of 28 SECTION IV SCORING CRITERIA DETAIL General: The following information is to be used for fully developing the project presentation. Individual review committee members score each application independently of each other, often resulting in a range of scores for the same application. Reviewers may award a point score anywhere within the point range for the criteria being addressed. The specific point awards discussed in this section are provided to serve as benchmarks. 1. Clearly identify a demonstrated state or local emergency management need and explain how this project will address it. If applicable, identify which emergency management priority, as identified in the Notice of Fund Availability, the project addresses. Clearly link the project to the priority. [Maximum score 150 points] Identify any demonstrated state or local emergency management need that will be addressed by the proposed project. Reference documentation identifying and describing the need. Indicate whether the need is identified by statute, rule, plan or other legal requirement. Copies of the statute, rule, plan or other legal requirement will need to be referenced as appendix items to be submitted at a later date. If the need is not identified by statute, rule, plan or other requirement, explain how this need was determined. Explain what the proposed project is and describe the extent to which the proposed project will address the demonstrated state or local emergency management need. Identify the expected result or improvement in emergency preparedness, response, recovery or hazard mitigation. 50 points - state or local emergency management need to be addressed by the proposed project is clearly - and succinctly identified; support confirming the need is properly identified; application clearly, succinctly and rationally explained in depth what the project is and how and why the proposed project will address the emergency management need; application clearly, succinctly and rationally identifies a certain and credible positive effect on, or improvement in, emergency preparedness, response, recovery or hazard mitigation; 25 points - state or local emergency management need exists but is incompletely identified or incompletely supported; application provides an explanation of how or why the proposed project addresses the need, but the explanation is incomplete; application identifies a plausible and probable positive effect on, or improvement in, emergency preparedness, response, recovery or hazard mitigation; 0 points - no state or local emergency management need is identified; the identified need is not supported or confirmed; application fails to explain how or why the proposed project will address the emergency management need; project will not have a positive effect on, or improve, preparedness, response, recovery or mitigation; Include in the above portion of the narrative, if applicable, identification of the particular emergency management priority, or priorities, to be addressed by the proposed project. The priorities must have appeared in the relevant Notice of Fund Availability. If the project will address more than one priority, identify each priority addressed. Explain how and why the proposed project meets the identified priority. If the proposed project is intended to address a need designated as a priority, clear linkage between the priority need and the proposed project must be demonstrated. Agenda Item No. 16F3 January 23, 2007 Page 11 of 28 100 points - emergency management priority to be addressed by the proposed project is clearly and succinct identified; application clearly, succinctly and rationally explains how and why the proposed project will address the emergency management priority; application clearly, succinctly and rationally identifies a certain and credible positive effect on, or improvement in, the area identified as an emergency management priority; 50 points - emergency management priority exists but is incompletely identified; application provides an explanation of how or why the proposed project addresses the priority, but the explanation is incomplete; application identifies a plausible and probable positive effect on, or improvement in, the priority identified; 0 points - no emergency management priority, is identified; the identified priority is not supported or confirmed; application fails to explain how or why the proposed project will address the emergency management priority; project will not have a positive effect on, or improve, the area identified by the emergency management priority. 2. Identify the immediate tangible emergency management benefits (short -term projects, i.e. - 12 months or less in duration), or, reasonable expectation of long -term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the award (long -term projects, i.e. - duration of longer than 12 months). Also, identify the number of emergency management organizations or the targeted population area whose emergency management needs will be directly benefitted by the project. [Maximum score 75 points] Each application must indicate whether the project is either a short-tenn project, long -term project, or a combination. If a combination, then the application must clearly indicate both short and long teen emergency management benefits, and how the proposed project will achieve both types of benefits. If the application indicates that the project has benefits which are short-term, long -term or both, and the applicant fails to clearly and plainly indicate such benefits, the scoring will so reflect. Describe the specific emergency management benefits, both direct and indirect, of the proposed project. Indicate whether the proposed project will provide tangible, immediate benefits that will further state or local emergency management objectives. If so, identify the specific benefits, and the specific emergency management objectives. Identify any long term benefits to these emergency management objectives. Indicate the expected commencement date, completion date, and milestones of the project. Include any supporting documentation. If a proposed project is intended to initiate a longer -term program, indicate the emergency management benefits of this long -term program. Indicate the basis for the expectation that this project will achieve those benefits, describing any testing, forecasting, methodology, studies or analysis used to support the forecast of benefits. Describe any and all resources to be used to continue the project past the first twelve months, and indicate the availability of those funds. Include documentation in the Appendix Section of the application to demonstrate the firm commitment of these long -term resources. 75 points - application clearly, rationally and succinctly indicates the type and time frame for emergency management benefits; clearly and succinctly describes the specific benefits, clearly and rationally explains whether they are direct or indirect, and clearly and unequivocally connects them with already identified emergency management objectives; includes significant supporting documentation; clearly and succinctly identifies reasonable commencement and completion dates, and appropriate milestones of the project; clearly identifies any testing, analysis, studies, forecasting, or methodology underlying the Agenda Item No. 16F3 January 23, 2007 Page 12 of 28 forecasted long -term benefits; studies, forecasts, analysis, testing or methodology are sound and support projected long -term benefits; resources to support long -term projects are clearly identified, described and firmly committed, as demonstrated by supporting documentation; 37 points - application indicates the type and time frame for emergency management benefits; describes the specific benefits, explains whether they are direct or indirect, and connects them with already identified emergency management objectives, though some points may be omitted, or unclear; includes adequate supporting documentation; identifies feasible commencement and completion dates, and milestones of the project; supports the forecasted long -term benefits in some reasonable and rational manner; projected long -term benefits are credible; resources to support long -term projects are identified, and presumably committed; 0 points -fails to adequately identify the type and time frame of emergency management benefits; fails to describe emergency management benefits, or explain them, or connect them with identified emergency management objectives, or description, explanation or connection is not clear or rational, or equivocates; no supporting documentation, or inadequate supporting documentation; commencement and completion dates are not supplied or are unreasonable or unrealistic; milestones are not supplied or are inappropriate; testing, analysis, methodology, forecasting, or studies are not supplied, or are unsound, or are not supportive of claimed benefits; resources to support long -term projects are not identified, or are inadequate, or are notfirmly committed. 3. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency management plans. [Maximum W score 100 points] Describe the manner and extent to which the proposed project is consistent with the State Comprehensive Emergency Management Plan. Identify the particular items in the State plan which are relevant to the project; link the consistency of the project with the State plan rationally, clearly and comprehensively. 50 points - consistent in every respect- particular items in the plan are identified and the consistency of the project with the State plan is rationally, clearly and comprehensively explained; 25 points - substantially consistent - some items in the plan are identified and the consistency is rationally explained, though the project may not be consistent in every respect; 0 points - inconsistent in every respect -few or no items in the plan are identified, consistency is not explained or the explanation is not rational, clear or comprehensive. Are any local comprehensive emergency management plans applicable to the proposed project? If so, identify the applicable plans, county and municipality, and describe the manner and extent to which the project is consistent with those emergency management plans. Identify the specific plan elements, goals, strategies or objectives that will be impacted and describe how the project will favorably impact them. Supply copies of pertinent parts of the plans in the Appendix Section or quote from the actual plans. If any letters of consistency or support pursuant to 9G- 19.008(2) have been received from applicable local emergency management agencies, reference them in the narrative and include them in the Appendix Section of the application. Agenda Item No. 16F3 January 23, 2007 Page 13 of 28 25 point maximum /50 points if no municipal plan applies: 25/50 points -plan exists and the project is consistent in every respect- particular elements in the plan are identified and the consistency of the project with the local plan is rationally, clearly and comprehensively explained; 13/25 points - plan exists and the project is substantially consistent - some elements in the plan are identified and the consistency is rationally explained, though the project may not be consistent in every respect; 0 points - plan does not exist or the project is primarily inconsistent -few or no elements in the plan are identified, consistency is not explained or the explanation is not rational, clear or comprehensive. For municipal competitive grants: Are any municipal comprehensive emergency management plans applicable to the proposed project? If so, identify the applicable plans, and describe the manner and extent to which the project is consistent with the plans. Identify those plan elements, goals, strategies or objectives that will be impacted and describe how the project will favorably impact each. Supply copies of pertinent parts of the plans or quote from the actual plans. If any letters of support have been received from applicable municipal emergency management agencies, reference them here and include them in the Appendix Section of the application. 25 points - plan exists and the project is consistent in every respect-particular elements in the plan are identified and the consistency of the project with the municipal plan is rationally, clearly and comprehensively explained; 13 points - plan exists and the project is substantially consistent; some elements in the plan are identified and the consistency is rationally explained, though the project is not clearly or completely consistent; 0 points - plan does not exist or the project is primarily inconsistent -few or no elements in the plan are identified, consistency is not explained or the explanation is not rational, clear or comprehensive. 4. Discuss why this particular method and approach was chosen. [Maximum score 100 points] Identify the emergency management issues to be addressed and the reasonably available potential methods and approaches to address them. Identify any studies or analyses of the issue. Identify any applicable industry standards or policies. Describe the particular method and approach chosen for this project. Explain why this method and approach was chosen over the other available alternatives. Identify any literature or data supporting the use of this method and approach. Identify any previous attempts by the applicant or by other entities to address this or similar issues. Describe the method and approach used in the previous attempts and indicate whether the attempts succeeded or failed, and briefly explain why. Indicate any previous attempts to use this particular approach and method, and whether the previous attempts achieved the desired results. Agenda Item No. 16F3 January 23, 2007 Page 14 of 28 Describe the budget of the proposed project in a format consistent with Attachment 2 of this Application Packet. Group proposed expenditures in the following categories in a manner consistent with Attachment 4 of this Application Packet: Salaries and Benefits (includes salaries, fringe benefits, and other related costs for services related to the project by regular full -time employees); Other Personal /Contractual Services (includes the compensation for services related to the project by persons who are not regular full -time employees, such as temporary employees, board members or consultants); $ Administrative Expenses (includes the direct costs of staff managing the project and other direct costs for managing the project, as well as the applicant's official indirect rate, if any, applied to those direct costs of management. No more than 5% of the total Emergency Management Preparedness and Assistance program funds awarded for the project may be used for administrative costs); $ Expenses (includes the usual, ordinary, and incidental expenditures, including, but not limited to, commodities and supplies of a consumable nature, travel, printing, audit costs, etc.); $ Operating Capital Outlay (includes equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature and have a normal expected life of one year or more); $ Fixed Capital Outlay (real property [land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.] including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility). The budget should contain sufficient detail to allow evaluation of the proposed cost. Budget line items should include as appropriate, salaries and fringe benefits, indirect costs, travel, printing, subcontracts, minor equipment (the respondent is expected to possess or have available the equipment necessary to meet project demands), miscellaneous office and laboratory expenses, and explanations of unusual expenditures. The time of commitment based on a forty (40) hour work week and associated salary of the principal and associate staff must be readily identifiable. Describe how the proposed budget is necessary and appropriate to the scope of work and intended project result. 100 points - potential methods and approaches are identified, explained and analyzed; studies, analyses, standards and policies are identified and rationally applied to the project; project method and approach are clearly, rationally and concisely identified and explained; choice of method and approach is conclusively appropriate for the project; the budget of the proposed project is clearly and rationally set forth in exceptional detail; the application clearly, succinctly and rationally describes how and why the budget is necessary and appropriate to the scope and potential of the project; Agenda Item No. 16F3 January 23, 2007 Page 15 of 28 50 points - some potential methods and approaches are identified, but identification is incomplete, or some methods and approaches are unexplained, or the analysis is incomplete; the method and approach is not consistent with some standards, studies or policies; choice of method and approach is deemed appropriate, even if some questions or concerns remain; the budget of the proposed project is set forth, though some, non - critical, details may be omitted; the application describes how and why the budget is necessary and appropriate to the scope and potential of the project; 0 points - potential methods and approaches are not identified, or insufficiently identified, and are unexplained, or irrationally or not clearly explained; project method and approach is not identified or explained; project method and approach is not appropriate for addressing problem or achieving goal; the budget and budget detail is not identified or is clearly deficient or incomplete; the application lacks an explanation of how or why the budget is necessary or appropriate, or the explanation is not clear or rational, given the scope and potential of the project. 5. Identify Applicant's project match. [Maximum score 50 points] Describe the source and type of any funds that will be provided from other sources to match any grant funds received from the Emergency Management Preparedness and Assistance Trust Fund (EMPATF). Attach appropriate official documentation (e.g., board minutes or resolutions) to indicate the firm commitment of the proposed cash matching funds. The Transmittal Letter can also be considered an appropriate official document if it clearly states the total amount of the cash match being committed and is signed by an official with the authority to fully commit the cash funds (e.g., chairman of the board or mayor). Indicate these funds in a percent format and a specific dollar figure. This information should agree with the budget information provided in criteria area #6. If any other funds have been applied for or received by the Applicant for the proposed project or a similar project, describe the source and type of funds, terms and conditions applicable to their use, term of availability, and consequences, if any, of failure to receive the EMPATF funds. All match committed, whether in -kind or cash, must clearly represent an unconditional commitment of currently available funds. Match cannot be committed or expended outside of the twelve (12) month contract period. The narrative explanation and justification of line items as they relate to match on the proposed budget (see Attachment 3) should clearly identify and describe all supporting documentation used to justify the figures within each line item and referenced as an appendix attachment. The actual documentation will need to be submitted as appendix items as identified in Rule 9G- 19.009(2). 50 points - 2:1 match, or greater; 25 points - 1 :1 match; 0 points - 0 match; if the documentation does not indicate the firm commitment of funds then no points shall be awarded, i.e.- the application must include documentation evidencing the firm commitment of the funds in order for those funds to be credited as match. 6. Discuss the Applicant's experience and ability applied to the project [Maximum score of 25 points] Identify the relative experience of all persons (force account or outside contractor) proposed to work on the project, whether planning, design, execution or administration. Provide evidence of the abilities and qualifications of each as it relates to the project's specific requirements. 10 Agenda Item No. 16F3 January 23, 2007 Page 16 of 28 Describe the availability to the applicant of the resources, including any personnel, detailed in the project budget, criteria area #4, and any anticipated delays expected to occur between the time an award is accepted and the commencement of the project. Demonstrate that the personnel and other resources identified are those necessary and appropriate to accomplish the project. 25points - the experience, abilities and qualifications of all persons is identified, and clearly, rationally and succinctly related to the proposed project; the materials and other necessary items are clearly identified, described, and are available without qualification or delay; 13 points - the experience, abilities and qualifications of most persons involved in the project is identified, and accurately related to the proposed project; the crucial materials and other absolutely necessary items are identified and available, though there may be some tolerable qualification or delay; Opoints - the experience, abilities and qualifications of all pertinent persons is not identified, or is not related to the proposed project; materials and other necessary items are not identified or are clearly incomplete or def cient for the project; the availability of the materials and necessary items is not indicated, or the indications are that there will be significant delays or problems in obtaining them. Tiebreaker - Answer the following two questions: 1) Has the Applicant's jurisdiction been impacted by an environmental clean -up initiative? If so, describe the initiative and its impact on the Applicant. 2) Is the Applicant located in a Front Porch Community? If so, please describe the location. 11 Agenda Item No. 16F3 January 23, 2007 Page 17 of 28 SECTION V APPLICATION ORGANIZATION AND FORMAT Application submissions shall be organized as follows: Letter of Transmittal - This letter should not exceed a page in length, should briefly describe the applicant's proposed project, state a positive commitment to perform the work necessary to implement the project within the established time frame, and identify the dollar amount of the funding requested from the Trust Fund. In addition, the letter should identify any other persons, companies, organizations or parties involved in the proposed project. The letter should also include the following assurances: that only those entities identified in the application are involved in the proposed project; that the application is made without collusion with any other entity submitting an application; that the application is, in all respects, fair and in good faith, without fraud or collusion; and that the signer of the application has full authority to bind the applicant and all other involved parties. If the applicant is providing a cash match, the transmittal letter can also be considered an appropriate official document. The letter must clearly state the total amount of the cash match being committed and be signed by an official with the authority to fully commit the cash funds (e.g., chairman of the board or mayor). Title Page - Each application shall have a title page consistent with Attachment 1 contained in this application packet. If submitting on -line or on disk, the title page must be received on hard copy by the Division no later than three (3) days prior to the published application deadline date. Also, a hard copy of the title page containing the original authorized signature must be submitted by mail and must be received no later than three (3) days prior to the published application deadline date. Table of Contents - Each application shall provide a table of contents that reflects the format set forth in this section (V). Page numbers for the proposed budget and for the matching fund information shall also be displayed in the Table of Contents. 4. Proposed Project Presentation - This portion of the application contains the narrative presentation of the proposed project as it relates to the six (6) scoring criteria. All scoring criteria listed in Section III and detailed in Section IV must be fully addressed. APPLICATIONS WILL BE EVALUATED AND SCORED USING ONLY THE INFORMATION PROVIDED IN THE APPLICATION. Each of the four application items listed above must be separately identified. The proposed budget must be consistent with Attachment 2 contained in this application package and must be tabbed. The section relating to matching funds offered by the Applicant must also be tabbed. If submitting application on -line or on a disk each page should be clearly numbered and in consecutive order as outlined above. 12 Agenda Item No. 16F3 January 23, 2007 Page 18 of 28 SECTION VI SELECTION /AWARD PROCEDURES Applications shall be scored by the review committee in accordance with the provisions of Rule 9G- 19.009(2), F.A.C. * Applications shall be scored by the review committee members independently and the scores shall be totaled and averaged. Thereafter, the committee shall evaluate the projects and determine preliminary scores and resulting rankings through consensus. * Preliminary scores and resulting rankings shall be prepared within each category based upon the total number of points earned with the overall highest number of points determining priority for funding. * Regardless of their competitive ranking, applications that do not score at least 300 points shall be ineligible for funding. * The review committee shall recommend the scores and preliminary rankings to the Secretary of the Department for review and approval within the 75 days following the application deadline date. * Once approved by the Secretary, preliminary scores and resulting rankings shall be posted to the DEM website, at www.floridadisaster.org /cps /grants.htm. * Final award of points shall be made by the Secretary of the Department following the completion of any administrative proceedings. * Final scores and resulting rankings shall be posted to the DEM website at w,A,w.floridadisaster.org/cps/grants.htm. * Funds shall be offered to the Applicant with the overall highest score, then to the Applicant with the next highest score, and so on, until all funds have been offered or all eligible applications have been funded. * Applicants shall be given 21 days to accept or reject a proposed award at which time a fully completed proposal with all attachments, and any other documentation that may be requested, should be submitted to the Division. Written notice of intent to accept or reject shall be delivered to the office designated in the notice of award. In the event an Applicant fails to accept or reject a proposed award within the specified time frame, the funds shall revert to the Trust Fund. * Contractual agreements between the Department and awarded Applicants will be developed and executed to implement all funded applications. Funded application submissions will become part of the agreements. 13 Agenda Item No. 16F3 January 23, 2007 Page 19 of 28 SECTION VII PROCEDURAL DEADLINES 9G- 19.008(1) The Division will publish a Notice of Fund Availability in the Florida Administrative Weekly at least 60 days prior to the Competitive Grant application deadline date. 9G- 19.008(5) (c) Applications submitted for a technical review must be received no later than twenty -one (21) days before the deadline published in the applicable Notice of Fund Availability. The Division will inform the applicant of any technical deficiencies in the application by telephone, e -mail or facsimile not later than ten (10) days in advance of the published application deadline to give the applicant an opportunity to rectify them before the deadline. 9G- 19.008(2) Applicants requesting a consistency statement must provide a description of the project to the applicable County Emergency Management Agency at least thirty (30) days prior to the Competitive Grant application deadline published in the Notice of Fund Availability. 4. 9G- 19.008(7) Competitive Grant Applications transmitted on -line shall be transmitted not later than three (3) days before the published application deadline. A hard copy of the title page containing the original authorized signature must be submitted by mail, and must be received by the Division by the application deadline date and time published in the Notice of Fund Availability. 5. 9G- 19.009(1) All Competitive Grant applications must be received by the Division by 4:00 p.m., Eastern Time, on the noticed application deadline date. 9G- 19.009(2) The review committee shall, within 75 days of the Competitive Grant application deadline date, post preliminary scores and resulting rankin -s on the Division of Emergency Management website ",ww.floridadisaster.org/cps/2rants.litm. Z 14 FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMPA COMPETITIVE GRANT APPLICATION - ATTACHMENT 1 - TITLE PAGE TITLE OF PROJECT AMOUNT REQUESTED FROM STATE $ AMOUNT MATCHING FUNDS COMMITTED $ Agenda Item No. 16F3 January 23, 2007 Page 20 of 28 ISERM $ IN -KIND This is an application for a competitive grant under (indicate ONLY one): 1) Emergency Management Competitive Grant Program, or 2) Municipal Competitive Grant Program The application is submitted for consideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts of statewide private sector organizations, including public - private business partnerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Address of Organization: E -mail address of Organization: Name of Chief Elected Official: Name of Chief Administrative Officer: Name of Applicant Contact: Title of Applicant Contact: Telephone Number of Applicant Contact: E -mail address of Applicant Contact: Federal Employee Identification (FEID) Number: AUTHORIZED SIGNATURE Must comply with 9G- 19.008(7), F.A.C., or application will not be scored] Signature: Title: If delegation of signature authority is submitted with this application, attach it to this page. 15 FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 2 Proposed Budget Agenda Item No. 16F3 January 23, 2607 Page 21 of 28 EXPENDITURE CATEGORIES Cash Match A In -kind Services Match B Total Grantee Cost A +B =C EMPA Award D Total Project Cost C +D =E 1. SALARY AND BENEFITS 2. OTHER PERSONAL / CONTRACTUAL SERVICES 3. ADMINISTRATIVE EXPENSES 4. EXPENSES 5. OPERATING CAPITAL OUTLAY 6. FIXED CAPITAL OUTLAY TOTAL EXPENDITURES PERCENTAGES A° o B% C% D% E% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: Note: Use as many specific line item entries as are needed to thoroughly explain anticipated costs. BE FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 3 * ** *Example * * ** Proposed Budget* Agenda Item No. 16F3 January 23, 2007 Page 22 of 28 NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: *[This example of a proposed budget is for a project which would enhance an existing Special Needs Facility and increase the county's sheltering capacity by providing emergency power and additional cots. Specific line items detail planned cost elements. The grant funds would be used for the purchase and installation of a 100 KW generator and trailer. The county is contributing $2,600.00 cash for the purchase of 200 cots which cost $13.00 each. The county is also contributing $2,750.00 cash, for a total cash match of $5,350.00, for the purchase of material to construct a concrete shelter to protect the generator. The county is also making an in -kind service contribution of salaries and administrative expenses for a total in -kind service match of $2,518.00. This brings the total grantee cost to $7,868.00 or 13% of the total project cost.] 1. Salary and Benefits: County staff used to construct shelter for generator, 3 employees estimated at 24 hours each. 2. Other Personal / Contractual Services: electrician - wiring of the generator, received 3 estimates. (Estimates should be identified as appendix items and remitted with completed proposal) 3. Administrative Expenses for overseeing the project, 3 personnel: School Board Superintendent 3 hours, Administrative Assistant 8 hours, County Engineer 14 Hours. 4. Expenses: 200 cots will be purchased at $13.00 each as a cash match for this project. (Vendors/Bids should be identified as appendix items and remitted with completed proposal) 5. Operating Capital Outlay: portable 100 KW generator and trailer, received 3 estimates. (Vendors/Bids should be identified as appendix items and remitted with completed proposal) 6. Fixed Capital Outlay: materials needed to construct a concrete shelter to protect generator. (Vendors/Bids should be identified as appendix items and remitted with completed proposal) TOTE: Evidence of an Engineering Survey to ensure facility meets American Red Cross shelter requirements (ARC 4496) is required with application 17 Cash In -kind Total EMPA Total EXPENDITURE CATEGORIES Match Services Grantee Award Project Match Cost Cost 1. SALARY AND BENEFITS A. Labor for shelter construction 2,106.00 2,106.00 2,106.00 2. OTHER PERSONAL / CONTRACTUAL SERVICES A. Electrician 11,025.00 11,025.00 3. ADMINISTRATIVE EXPENSES 412.00 412.00 412.00 4. EXPENSES A. 200 cots @ $13.00 2,600.00 2,600.00 2,600.00 5. OPERATING CAPITAL OUTLAY 43,000.00 A. 100 KW generator 40,000.00 B. trailer 3,000.00 6. FIXED CAPITAL OUTLAY A. Materials for generator shelter 2,750.00 2,750.00 2,750.00 TOTAL EXPENDITURES 5,350.00 2,518.00 7,868.00 54,025.00 61,893.00 PERCENTAGES 9% 4% 13% 87% 100% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: *[This example of a proposed budget is for a project which would enhance an existing Special Needs Facility and increase the county's sheltering capacity by providing emergency power and additional cots. Specific line items detail planned cost elements. The grant funds would be used for the purchase and installation of a 100 KW generator and trailer. The county is contributing $2,600.00 cash for the purchase of 200 cots which cost $13.00 each. The county is also contributing $2,750.00 cash, for a total cash match of $5,350.00, for the purchase of material to construct a concrete shelter to protect the generator. The county is also making an in -kind service contribution of salaries and administrative expenses for a total in -kind service match of $2,518.00. This brings the total grantee cost to $7,868.00 or 13% of the total project cost.] 1. Salary and Benefits: County staff used to construct shelter for generator, 3 employees estimated at 24 hours each. 2. Other Personal / Contractual Services: electrician - wiring of the generator, received 3 estimates. (Estimates should be identified as appendix items and remitted with completed proposal) 3. Administrative Expenses for overseeing the project, 3 personnel: School Board Superintendent 3 hours, Administrative Assistant 8 hours, County Engineer 14 Hours. 4. Expenses: 200 cots will be purchased at $13.00 each as a cash match for this project. (Vendors/Bids should be identified as appendix items and remitted with completed proposal) 5. Operating Capital Outlay: portable 100 KW generator and trailer, received 3 estimates. (Vendors/Bids should be identified as appendix items and remitted with completed proposal) 6. Fixed Capital Outlay: materials needed to construct a concrete shelter to protect generator. (Vendors/Bids should be identified as appendix items and remitted with completed proposal) TOTE: Evidence of an Engineering Survey to ensure facility meets American Red Cross shelter requirements (ARC 4496) is required with application 17 Agenda Item No. 16P3 January 23, 2007 FLORIDA DIVISION OF EMERGENCY MANAGEMENT Page 23 of 28 EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 4 EXPENDITURE CATEGORY DEFINITIONS (For Use in Budget Development) 1. SALARY AND BENEFITS: The compensation for services that are directly related to the project by a person who is a regular employee in an established position for a specific period of time. 2. OTHER PERSONAL /CONTRACTUAL SERVICES: The compensation for services that are directly related to the project by a person who is not a regular or full -time employee filling an established position. This shall include but not be limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services specifically budgeted by each agency in this category. 3. ADMINISTRATIVE EXPENSES: The direct costs of staff managing the project and other direct costs for managing the project, as well as the recipient =s indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified herein shall not exceed 5% of total EMPA program funds. 4. EXPENSES: The usual, ordinary, and incidental expenditures by an agency, including, but not limited to, commodities and supplies of a consumable nature, and excluding expenditures classified as operating capital outlay. 5. OPERATING CAPITAL OUTLAY: Equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature and has a normal expected life of one year or more. 6. FIXED CAPITAL OUTLAY: Real property (land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility. 18 Budget Narrative 1. Salary and Benefits Agenda Item No. 16F3 January 23, 2007 Page 24 of 28 The $7000 (In -Kind Services Match) represents the cost of Collier County Staff time to produce the materials for the public outreach project. Estimating each English brochure design, editing, and production will need a minimum of 20 staff hours and each Spanish and Creole needing a minimum of 30 hours. The multi -page booklets will require a minimum of 40 hours to design, edit, and produce as will the audio CDs. Estimating $25/hr of staff time for at least 280 in design, editing, translation, and production of printed and recorded materials staff will be providing a minimum of $7000 of In -Kind Services Match for staff salaries. 2. Other Personal /Contractual Services The $1,000 (In -Kind Services Match) represents the cost of Collier County to transport and distribute the requested materials throughout the 2,020 square miles of Collier County. Use of venues for disaster preparedness programs where said materials would be disseminated, as well as the use to translators will be of substantial cost to Collier County Emergency Management. 3. Administrative Expenses The $500 (In -Kind Services Match) represents the cost of Collier County will use to produce the original products requested in the grant before reproduction. Materials included will be computer and printing supplies, use of audio- recording and editing equipment and materials, and time used in the recording studio. 4. Expenses A. Hurricane Preparedness Tri-Fold Brochures 10,000 English= $1,000 10,000 Spanish = $1,000 10,000 Creole = $1,000 B. Pandemic Flu Preparedness Tri -Fold Brochures 10,000 English= $1,000 10, 000 Spanish = S 1,000 10,000 Creole = $1,000 C. All- Hazards Multi -Page Booklets 5,000 Spanish= $1500 5,000 Creole = $1500 D. Hurricane /Tornado /Flooding Audio CD English, Spanish Creole 10,000 Production, Printing, Shipping, Casing = $5700 Agenda Item No. 16F3 January 23, 2007 Page 25 of 28 5. Operating Capital Outlay Communication Supplies for Immokalee Multi- Agency Coordination Center ESF -14 Desk. This will include items such as laptops, projector, fax machine, printer, 800 MHz radios, cellular telephones, and television to monitor local media. _ $9,500 6. Fixed Capital Outlay None Agenda Item No. 16P3 January 23, 2007 Page 26 of 28 Narrative 1. Identify a demonstrated state or local emergency management need and explain how this project will address it: Collier County, Florida is comprised of 2,020 square miles of land in Southwest Florida, with approximately 50 miles of the county being comprised of coastline. The permanent population of the county is greater than 330,000 with that number rising to over 400,000 during the winter (season) months. Approximately 40 percent of the population is older than 55, and more than 1,500 are registered as Persons with Special Needs. The county estimates that more than 27,000 residents are considered non - English speaking persons, mostly Hispanic and Creole persons. Much of the non - English speaking population in Collier County resides in Immokalee which is a Front Porch Community. Due to these facts, Collier County Emergency Management wishes to improve the public outreach for hurricanes, pandemic flu, and all- hazards planning. Materials needed to improve public information and outreach will need to be produced in English, Creole, and Spanish and should include products in written form for individual handout, audio for local radio station announcements and individual handout, and audio /visual for local television and public forum. Supplies for Public Information (ESF -14) are needed in the Immokalee Multi- Agency Coordination Center (satellite Emergency Operation Center). The Immokalee Multi - Agency Coordination Center is a new initiative of Collier County Emergency Management to coordinate timely public information, status reports, and supplies between the Emergency Operations Center in Naples and the Immokalee area. During Hurricane Wilma in 2005 Collier County Emergency Management experienced several difficulties in coordinating and communicating with the Immokalee area from the Emergency Operations Center and thus is working to correct these difficulties by implementing the Immokalee Multi - Agency Coordination Center. 2. Identify the immediate tangible emergency management benefits: The inclusion of a strong public outreach program on disaster preparedness will help create a disaster resistant community. Emergency Management's Public Information program has a strong relationship with local English, Spanish, and Creole media outlets that will be provided the information for dissemination as well as a successful disaster seminar program offered in several languages that offer an excellent venue for distribution of these materials. Enhancing the supplies at the Immokalee Multi- Agency Coordination Center ESF -14 desk will ensure all media and residents will receive timely emergency information on evacuations, available disaster supplies, and other resources available in response and recovery of a disaster. Multi- Language Public Outreach Project Page 1 of 3 Agenda Item No. 16F3 January 23, 2007 Page 27 of 28 3. The project's consistency with the state comprehensive Emergency Management Plan and any applicable local comprehensive emergency management plans: This grant request is thoroughly consistent with the current State of Florida Comprehensive Emergency Management Plan. As noted in Section III (Responsibilities) A. (Counties) required by section FS 252.38, "Counties are required to implement a broad based Public Awareness, Education and Information program designed to reach all citizens of the county, including those needing special media formats, who are non - English speaking (including persons who do not use English as their first lan guage), and those with hearing impairment or loss ". (Coordination and Control) 1. County Level — Using local resources. And, VI. Continuity of Government. The enhancement of ESF -14 both in the Immokalee Multi- Agency Coordination Center and in preparation of disasters would enable Collier County to meet the Florida Statute requirements for its community by ensuring rapid and accurate information availability to all of its residents and visitors. 4. Why this particular method and approach was chosen: Emergency Management budget allows for the production of these materials in English but allows little to no production in other languages. Due to the fact that such a large amount of the populations is non - English speaking it is essential that these Zn populations' needs be met. Hurricane, Pandemic Flu, and All- Hazards were chosen because they are currently the most probable and catastrophic threats to our areas. Budget is attached. 5. Matching Funds: $8500 — Budget Attached 6. Experience and ability applied to the project: Over the past two years I, Jaime Sarbaugh, have worked diligently to create a Hurricane and Disaster Seminar program that includes Immokalee and other non - English speaking communities within Collier County. A strong partnership with organizations such as the Immokalee Farm Workers Village, Service Providers of Immokalee, and the local Spanish television station D'Latinos has been essential ui the success of the program. Having additional materials available will enhance the already successful program that has been started. Along with the successful seminar program, several members of the Collier County Emergency Management staff participate in emergency and human services groups such as the Immokalee Inter - Agency Council (IIAC) and Immokalee Helping Our People in Emergencies (IHOPE). Multi- Language Public Outreach Project Page 2 of 3 Agenda Item No. 16F3 January 23, 2007 Page 28 of 28 Tiebreaker: 1) Has the applicant's jurisdiction been impacted by an environmental clean -up initiative? If so, describe the initiative and its impact on the applicant. No 2) Is the Applicant located in a Front Porch Community? If so, please describe the location. Yes, partially. The project will benefit all residents and visitors of Collier County but focuses on the largely non - English speaking area in the Front Porch Community of Immokalee. Multi - Language Public Outreach Project Page 3 of 3 Agenda Item No. 16F4 January 23, 2007 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Competitive Grant Application . to the Florida Department of Community Affairs in the amount of $175,000. OBJECTIVE: To approve a grant application aimed at supplementing the funding necessary for the Broadband Television System as part of the infrastructure for the new Emergency Services Complex (ESC). CONSIDERATIONS: Each year the Florida Department of Community Affairs, through its Department of Emergency Management, holds a competitive grant opportunity for projects which further state and local emergency management objectives. Applications must meet one of the four priority areas outlined in the Notice of Funding Availability (public education, coordinate emergency relief efforts, improve training and operations and/or projects which address community emergency preparedness), and be for $200,000 or less, in requested funding. The planned Broadband Television system, which is part of the integrated communications and media infrastructure system for the ESC project, meets several of these grant criteria and is considered a good candidate project for funding. FISCAL IMPACT: If approved, this grant would reduce the direct cost to Collier County of the Emergency Services Complex project by $175,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To approve the submittal of the EMPA Competitive Grant Application to the Florida Department of Community Affairs in the amount of $175,000 and to authorize the County Manager, or designee, to submit the subsequent grant application for funding. PREPARED BY: Jim von Rinteln, Emergency Management Coordinator FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT l - TITLE PAGE TITLE OF PROJECT Collier County EOC Broadband Distribution System AMOUNT REQUESTED FROM STATE S 175,000 AMOUNT MATCHING FUNDS COMMITTED $ 430,000. CASH $ 0 IN -KIND This is an application for a competitive grant under (indicate ONLY one): X 1) Emergency Management Competitive Grant Program, or 2) Municipal Competitive Grant Program Agenda Item No. 16F4 January 23, 2007 Page 2 of 16 The application is submitted for consideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts of statewide private sector organizations, including public- private business partnerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. X 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Collier County Emergency Management Department Address of Organization: 3301 Tamiami Trail, East Naples, FL 34112 E -mail address of Organization: Jam esVonRinteln (a,colliergov.net Name of Chief Elected Official: James N. Coletta, Chairman of the BCC Name of Chief Administrative Officer: James V. Mudd, County Manager Name of Applicant Contact: James J. von Rinteln Title of Applicant Contact: Emergency Management Coordinator Telephone Number of Applicant Contact: (239) 774 - 8911/8000 E -mail address of Applicant Contact: JamesVonRinteln (a),colliergov.net Federal Employee Identification (FEID) Number: 59- 6000558 AUTHORIZED SIGNATURE [Must comply with 9G- 19.008(7), F.A.C., or application will not be scored] Signature: Title: Chairman, Collier County Board of County Commissioners If delegation of signature authority is submitted with this application, attach it to this page. 15 w„ s A` », n T� Agenda Item No. 16F4 January 23, 2007 Page 3 of 16 Emergency Management Competitive Grant Program (General) 1. Emergency Management Need: Collier County, Florida is comprised of 2,025 square miles of land in Southwest Florida, with approximately 50 miles of the county being comprised of coastline. The permanent population of the county is greater than 330,000 with that number rising to over 400,000 during the winter (season) months. Approximately 40 percent of the population is older than 55, and more than 1,500 are registered as Persons with Special Needs. The county estimates that more than 27,000 residents are considered non - English speaking persons, mostly Hispanic and Creole persons. Collier County is in a unique media market, with its major news providers located outside the county in the Fort Myers area. Due to this fact, the dissemination of official emergency and preparedness information in Collier County falls on the county government through its Emergency Management Department and the Emergency Operations Center (EOC). In the past, this critical function has been identified by the community as an area in need of improvement. Communicating information to the residents and visitors of our community during times of emergency, as well as towards the goal of building a disaster resistant community. To address this need, Collier County Emergency Management desires to integrate a Broadband Video and Television system into their EOC and integrate that system as part of the overall Emergency Services Complex (ESC) project currently underway. 2. Long and Short Term Tangible Benefits: The inclusion of a broadband television distribution system into the County's ESC, which includes the EOC as well as the County's main television studio, will greatly enhance our ability to provide timely public safety and emergency information to the community. This system, if approved, will provide real -time video and audio feed from the EOC to any of the offices or training areas within the ESC, as well as any location with television or radio access in the county. This capability, together with the in -place media studio in the ESC, will enable real -time dissemination of emergency messages, public safety announcements, training and community information. Additionally, this capability would provide a key asset to the local government in the event of a widespread or National emergency, such as a large scale terrorist attack or other wide - spread event requiring activation of our Continuity of Government plan, which relies heavily on the dissemination of information and direction from Federal, State and Local authorities to the Community. This project would greatly improve our ability to accomplish that critical function. Agenda Item No. 16F4 January 23, 2007 Page 4 of 16 3. Consistency with the State CEMP: This grant request is thoroughly consistent with the current State of Florida Comprehensive Emergency Management Plan. As noted in Section III (Responsibilities) A. (Counties) required by section FS 252.38, "Counties are required to implement a broad based Public Awareness, Education and Information program designed to reach all citizens of the county, including those needing special media formats, who are non - English speaking (including persons who do not use English as their first language), and those with hearing impairment or loss ". (Coordination and Control) 1. County Level — Using local resources. And, VI. Continuity of Government. The proposed broadband system would enable Collier County to meet the Florida Statute requirements for its community by ensuring rapid and accurate information availability to all of its residents and visitors. 4. Alternatives/Proposed Budget: There are no feasible alternatives to this request. Budget is attached at Tab A. 5. Matching Funds: $430,000.00 is currently budgeted towards the media broadcast -- studio, as part of the overall Emergency Services Complex project, which is under construction and planned for completion in late 2008. 6. Qualifications: TLC (Tilden, Lobnitz, Cooper), Engineering of Orlando, Florida has provided the scope of work, initial estimate and integration analysis, which is attached at Tab B of this package. TLC Engineering is an electrical, technology and communications engineering company with widespread experience integrating systems, like the project proposed, into Public Safety and Emergency Operations Centers, particularly in Florida. Tiebreaker: 1) Has the applicant's jurisdiction been impacted by an environmental clean -up initiative? If so, describe the initiative and its impact on the applicant. No 2) Is the Applicant located in a Front Porch Community? If so, please describe the location. No FA Agenda Item No. 16F4 January 23, 2007 Page 5 of 16 FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 2 Proposed Budget EXPENDITURE CATEGORIES Cash Match A In -kind Services Match B Total Grantee Cost A +B =C EMPA Award D Total Project Cost C +D =E 1. SALARY AND BENEFITS 2. OTHER PERSONAL / CONTRACTUAL SERVICES 3. ADMINISTRATIVE EXPENSES $ 6,800 $ 6,800 4. EXPENSES 5. OPERATING CAPITAL OUTLAY $430,000 $430,000 $430,000 6. FIXED CAPITAL OUTLAY $168,200 $168,000 TOTAL EXPENDITURES $175,000 $605,000 PERCENTAGES A% 71% B% C% 71% D% 29% E% 100% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: The $430,000 (cash match) Operating Capital Outlay — represents the cost to Collier County for the other components to the system, including; television studio equipment, broadcast equipment, individual television monitors and associated recorders, playback devices and hardware including installation and testing. The $6,800 administrative expenses represents the man -hour costs to manage the integration of this system into the larger EOC project, as well as the grant requirements. The line item summary of the Broadband System is attached at Tab B of this submittal. Note: Use as many specific line item entries as are needed to thoroughly explain anticipated costs. 16 Agenda Item No. 16F4 January 23, 2007 Page 6 of 16 SECTION 17783 —BROADBAND DISTRIBUTION SYSTEM PART 1 - GENERAL 1.1 DESCRIPTION Broadband Distribution Systems shall provide distribution of video, television signals to all selected spaces in the buildings. The system design anticipates increasing demands for expanded channel capacity. The system shall include, but not be limited to, headend equipment and an equalized distribution system including distribution amplifiers, directional couplers and splitters as required to achieve a fully functional system. A. General: Provide, complete with all accessories, a complete distribution system as describe herein and as indicated on the drawings B. Standards: Distribution system components and overall system performance shall meet or exceed requirements set forth in Federal Communications Commission Technical Specifications Part 76 as applied to cable television systems. C. RFI: Special emphasis shall be placed on radio frequency interference (RFI) integrity as licensed radio services outside the cable system share the same frequencies designated for use within. D. All existing sources, or owner provided sources, including cable television service, satellite antennas, shall be brought to the headend location by the owner or Owners designated vendor and shall be connected to the new system under this contract by this vendor and tested as part of this work. 1.2 TELEVISION CLOSETS OR TERMINAL BOARDS It is envisioned that television service will migrate into the overall telecommunications scheme for a given facility, therefore television distribution shall be accomplished via the following methods: In general, television distribution points shall be located throughout the facility such that a Tree and Branch type cable configuration using directional couplers and splitters, Total length to a Television Outlet shall not exceed 300 linear feet, inclusive of all vertical rises required for wall access. If cable runs exceed these requirements, additional amplifiers shall be included by this vendor to meet the performance criteria and stated signal quality. A. The facility contains telecommunications rooms or associated closets, which shall be used for amplification & distribution equipment as well as all TRUNKIFEEDER & DROP cable terminations. Cabling used shall conform to the specifications as previously outlined, with the addition of CMP type cables for use in plenum rated areas if applicable, and environmental air circulation spaces, if required by the facility air distribution system. 1.3 1 BROADBAND TELEVISION OUTLET The television outlet shall be provided (1) "F" type barrel connector mounted in a single gang plate or on voice data plates, space permitting. Outlets shall be mounted as indicated on the documents, or as otherwise indicated and directly inline with the proposed television location. Coordinate final location based upon provided drawings and coordination with the Owner. A three wire grounded, 120 VAC power outlet shall be located adjacent to the television outlet and be provided by owner selected Division 16 Contractor. RG -6 coaxial cable shall be provided by the Div. 17 vendor to each outlet location indicated on the drawings. Conduit and boxes shall also be provided by the owners selected Div. 16 vendor for the locations indicated. Coordinate location with electrical contractor if not already provided at time of installation of this work. ©2006, HJ #03058 BROADBAND DISTRIBUTION SYSTEM 17783- 1 Agenda item No. 16F4 January 23, 2007 Page 7 of 16 1.4 SERVICES SUPPORTED The system configuration will allow the forward distribution of incoming cable television service (if provided), satellite downlink and in house generated presentations. The system bandpass shall allow for the distribution of 77 forward cable television channels at a minimum. Distribution within the building back to the headend shall be capable of supporting 2 return channels. 1.5 QUALIFICATIONS A. Qualifications: The Agency installing this system shall be experienced in the design, installation, proof -of- performance testing and maintenance of broadband cable television systems comparable or larger in size and complexity to the system required on this project. Such experience shall be indicated in a list of successfully completed systems with the submittal for this system. Contact names and addresses for all references shall be provided. B. Equipment: The Agency executing this work shall own and maintain at least the following equipment for execution and maintenance of this system; 1. A signal level meter capable of measuring levels between 5 and 900 megahertz. 2. A flat noise generator or sweep /marker generator capable of providing a calibrated output between 5 and 900 megahertz. 3. An oscilloscope with a suitable RF detector for use in sweep testing system response. 4. A return loss bridge and variable termination for on -site cable sweep testing prior to installation. 5. A time domain reflectometer designed for operation into 75 -ohm polyethylene dielectric cable for verification of installed cable. 6. Composite test sets, simul -sweep equipment and other test systems capable of providing the required functions shall be considered equivalent to the equipment specified. C. Resume: A resume of personal cable television experience shall be submitted for the cable foreman, each splicer, each technician, and the system design engineer. D. Provisions: The Agency shall own and maintain all necessary equipment and tooling to properly provide the system in accordance with recommendations set forth by the manufacturers of each item of system equipment. E. Reverse Path Signals: Reverse path diplexing shall be provided at the headend for forward output to deliver 5 -30 MHZ reverse path signals to a user accessible connector within the headend rack as a provision for delivery and re- distribution of sub channel modulated television signals from any outlet in the building at a future date. The Distribution system shall include a sub - Channel Diplexer for use at headend. 1.6 GENERAL SYSTEM PARAMETERS Devices and products described below may or may not be required for the overall design. If such devices are required in the course of this project to achieve the design distribution parameter, the vendor shall provide such devices as a part of their design solution and said devices shall be included as part of the vendors package in the bid. These items would include those listed below as well as splitters, taps , couplers and pads. A. General: Building distribution shall consist of a system of foam - dielectric, jacketed, non - pressurized cable. 02006, HJ #03058 BROADBAND DISTRIBUTION SYSTEM 17783-2 Agenda Item No. 16F4 January 23, 2007 Page 8 of 16 B. Amplifiers: In most cases, the output from the amplifier shall be adequate for building distribution. However in larger building distribution systems, additional amplifiers will possibly be required. If such is the case, Input pad and equalizers shall be provided to compensate for short spacing and cable slope, respectively, Outputs shall be adjusted to provide a sloped output ranging from 34 dBmv at 50 MHZ to 40 dBmv at 850 MHZ. Amplifiers when used shall be arranged at trunk spacing not exceeding 20dB at 850 MHZ. The trunk system shall be configured to accept a flat +10 dBmv signal at the first amplifier. Reverse trunk amplifiers gain and slope shall be adjusted to provide unity gain in the frequency spectrum from 5 to 30 megahertz between the reverse output of each amplifier. Provide documentation of db level at each outlet after corrections. C. Output: All outlets shall provide a minimum output of +6 dBmv at 850 MHZ with no greater than seven (7) dBmv level difference between 50 and 850 MHZ. D. Carrier to Noise: System carrier to noise ratio shall not be less than 48 dB. E. Modulation: Hum modulation shall be a minimum of 59dB below visual carrier levels. F. Composite Triple -Beat: Composite triple -beat products shall be a minimum of 55dB below forward visual carrier levels. G. Aural Carrier: Aural television carriers shall be maintained at a level of 15dB below visual carrier level. H. Bandpass: Forward and reverse trunk bandpass shall be flat within plus or minus 1/2 dB between maximum usable frequencies. I. RF Leakage: Radio frequency leakage into the system in the 5 -30 MHZ spectrum shall be at least 65 dB below reverse visual carrier level. J. Delay: Combined reverse and forward path chroma delay, as measured at the most distant bridger port, to the headend and or main distribution point in the building and back, shall not exceed 28 nanoseconds. PART 2- PRODUCTS 2.1 FORWARD AMPLIFIERS A. Frequency Range: 47 -750 Mhz B. Gain:5OdB C. Gain Control Range: 15dB D. Slope Control Range: l OdB E. Input Return Loss: 13dB F. Noise Figure: 9dB G. Output Level: 44 dBmV, minimum H. Composite Triple Beat: -60dB I. Cross modulation: -61dB C2006, HJ #03058 BROADBAND DISTRIBUTION SYSTEM 17783 -3 Agenda Item No. 16F4 January 23, 2007 Page 9 of 16 J. input/Output Test Point Level: -30dB K. Design Selection: Blonder Tongue BIDA'750 -50, or approved equal. 2.2 RETURN AMPLIFIERS A. Type: Plug in, configured to mount in main station housing. Separate unit if used alone. B. Frequency Range: 5 -30 Mhz C. Gain:24dB D. Gain Control Range: 12dB E. Slope Control Range: 12dB F. Design Selection: Blonder Tongue BIDA -RA, or approved equal. 2.3 ACCESSORY ITEMS A. All amplifiers shall be configured as bi- directional. All amplifiers shall be provided with the following accessories: 1. Return Filter Sets: Blonder Tongue 54071, or approved equal 2. Flat Attenuators: Blonder Tongue 5411 x (6, 12 or 18) or approved equal to achieve the desired forward gain. 3. Cable Equalizers: Blonder Tongue 547x (6, 12 or 18) or approved equal to achieve the desired slope. 4. Substitutions may be submitted with prior approval. 2.4 PASSIVE DEVICES A. Splitters: Splitters shall be Blonder Tongue SCVS -2, 3, 4 & 8 as required by the system configuration. B. Directional Couplers shall be Blonder Tongue SRT, SRT -2A, SRT -4A as required by the system configuration. C. Adjacent Channel Combiners shall be Blonder Tongue 4314A. D. Sub Channel Multiplexer shall be Blonder Tongue 4375. E. Line Attenuators shall be Blonder Tongue 3434 & 4006 or Pico Macom in values of 3, 6, 10, 12 & 20dB as required by the system configuration. F. All passive devices shall be exhibit a high frequency range up 600 KHz minimum. G. Substitutions may be submitted with prior approval. 02006, HJ #03058 BROADBAND DISTRIBUTION SYSTEM 17783-4 Agenda Item No. 16F4 January 23, 2007 Page 10 of 16 2.5 MODULATORS: A. Type: Frequency Agile B. Frequency Range: 54 to 750Mhz C. Output Level: 40dBmV D. Output Level Control Range: 10dB E. Audio/Video Carrier Ratio Control: -9 to -22 dB. F. Video Input for 87.5% modulation: IV P -P G. Audio Input Sensitivity: unbalanced, 140mV RMS H. Design Selection: Blonder Tongue AM 40 -750, or approved equal. 2.6 DEMODULATORS A. Type: Agile B. Frequency Range: 54 MhZ to 800.6 MhZ C. Input Level: 20dBmV max. D. Video Output: IV P -P, "F" type connector E. Audio Output: 500 mV RMS, 600 ohms unbalanced, RCA phono connector F. Design Selection: Blonder Tongue AD -1 w/ Option 17 for sub channel demod, or approved equal. 2.7 COMBINERS: A. Type: Passive B. Frequency Range: 5 to 1000 MhZ C. Insertion Loss: 16dB D. Return Loss: 14dB E. Isolation: 35dB F. Design Selection: Blonder Tongue OC -12d or approved equal. ©2006, HJ 403058 BROADBAND DISTRIBUTION SYSTEM 17783-5 Agenda item No. 16x=4 January 23, 2007 Page 11 of 16 2.8 MATRIX ROUTER A. Provide one matrix router at the headend equipment. Connection and programming of the switch shall be the responsibility of this contractor and be a part of the scope of this project. B. Matrix router shall be an active crosspoint- switching device and be equipped with audio follow. C. All inputs to system modulators shall be connected to matrix outputs. Vendor shall provide initial programming assignments of inputs and outputs as directed by the owner for the building. Owner may require a specific audio channel be delivered to each broadcast channel in lieu of the commercial or locally produced audio signal, which normally accompanies the video signal. Vendor shall provide audio channel overlay programming as directed by the owner, using owner provided audio sources. Vendor shall route audio to specific rack audio amplifiers for open office areas and specific sections of the building to accommodate specific owner requirements. D. Provide a local panel in front of the router for manual switching capability. Design Selection: Autopatch l Y- 16.1608 V I A I or equal by Extron. 2.9 OUTLETS A. Single gang plates. Plates to match voice and data outlet plate and use 7" type barrel connection unless otherwise indicated. B. Outlets shall be located as noted on drawings. 2.10 TELEVISION TUNER A. Provide a tuner capable of receiving up to 181 channels, stereo audio, and composite video output. B. The unit can be controlled via addressable RS -232 or contact closure. C. Provide a rack mounting kit. Design selection: Contemporary Research 232 -STA Stereo TV Tuner or equal. 2.11 DIGITAL VIDEO RECORDER/PLAYER A. Provide a standalone unit capable of recording DVD -Video discs in real time. User to have the option to create high quality DVD Video discs on either DVD -R or DVD -RW media. B. Unit shall have RF input capable of tuning VHF /UHF spectrum. C. Unit shall have Baseband video and stereo audio output. D. Design Selection: Pioneer PRV -9000 or equal, ©2006, HJ 003058 BROADBAND DISTRIBUTION SYSTEM 17783-6 Agenda Item No. 16F4 January 23, 2007 Page 12 of 16 2.12 VIDEO DISTRIBUTION CABLE A. Structural Return Loss Testing: All cable shall be 100% swept tested. Return loss shall not be less than 23dB at any given frequency between 5MhZ and 900MhZ. B. Construction: Cable shall be constructed of a copperclad steel or solid copper center conductor, gas expanded cellular polyethylene dielectric, multiple copperclad aluminum braided shields, and an overall black vinyljacket. C. Shield: Shield shall be of three component construction consisting of two foil layers separated by an aluminum braid. Minimum shielding of all cabling shall be 90 %. D. Attenuation: Attenuation characteristics in decibels per 100 feet at 20 °C shall not deviate more than 10% from the following values: Frequency (MHZ) Attenuation in dB /100' Mfgr. Tool RG -59 RG -6 RG -11 .500" 5 1.1 .45 .29 .16 30 1.4 1.2 .75 .4 54 (CH 2) 1.8 1.5 1.0 .51 216 (CH 13) 3.8 3.1 2.2 1.07 300 (CH W) 4.8 3.8 2.8 1.28 400 5.5 4.5 3.2 1.49 500 6.5 5.5 4.5 1.68 E. Indoor Cables: Cables used as the basis of design are Belden 8279 (RG -59), 82120 (RG -6) plenum, 9064 (RG -I 1), plenum .500" Belden 82108 (RG -59) plenum, 82120 (RG -6) plenum, 9064 (RG -I 1), plenum .500 ", or approved equal. 2.13 CONNECTORS A. Site Cable Connectors: Connectors for semi -rigid site cable shall be integral mandrel type, specifically manufactured for the polyethylene dielectric cable by LRC Electronics or Gilbert. A 12" length of flooded heat shrink tubing shall be installed over all connectors in manhole and pedestal locations. B. Crimping: All connectors shall be installed using the connector manufacturer's recommended coring and pin crimping tools. C. RG Connectors: RG series cables shall be provided with the following connectors; Cable Connector Mfgr. Tool RG -59 F -59 -QS LRC CT -610 RG -6 F -56 -QS LRC CT- 611 -QS RG -I1 F -11 -QS LRC CT- 611 -QS ©2006, HJ 403058 BROADBAND DISTRIBUTION SYSTEM 17793-7 Ananr!a Item ESTIMATE OF PROBABLE COST -- - -- - January COLLIER 911/ EOC EMERGENCY OPERATIONS CENTER BROADBAND . ITEM DESCRIPTION MANUFACTURER PART# • Mobile Command Vehicle 1 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 2 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $316.00 3 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 DININGIBREAK (4) 4 TV SAMSUNG TXN3271HF 4 $900.00 $3,600.00 5 CEILING MOUNT PREMIER PVCC -40 4 $316.00 $1,264.00 6 TAP BLONDER TONGUE SRT -4A 1 $25.00 $25.00 AN EQUIP. ROOM FEED 7 TAP BLONDER TONGUE SRT -2A 1 $72.00 $72.00 SQUAD ROOM 8 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 9 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $316.00 10 TAP BLONDERTONGUE SRT -2A 1 $25.00 $25.00 COMMANDER'S OFFICE 11 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 12 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $316.00 13 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 TRAFFIC OPERATIONS 14 TV SAMSUNG TXN3271HF 6 $900.00 $5,400.00 15 CEILING MOUNT PREMIER PVCC -40 6 $316.00 $1,896.00 16 TAP BLONDER TONGUE SRT-4A 2 $25.00 $50.00 DIRECTOR'S OFFICE 17 TV SAMSUNG TXN3271HF 1 $900.00 $1,500.00 18 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $396.00 19 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 INFORMATION TECH 20 TV SAMSUNG TXN3271HF 5 $900.00 $4500.00 21 CEILING MOUNT PREMIER PVCC -40 5 $316.00 $1,580.00 22 TAP BLONDER TONGUE SRT -4A 2 $25.00 $50.00 �r CCSO /EOC BREAKROOM 23 TV SAMSUNG TXN3271HF 2 $900.00 $1,800.00 24 CEILING MOUNT PREMIER PVCC -40 2 $316.00 $632.00 25 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 PSN TASK FORCE 26 TV SAMSUNG TXN3271HF 2 $900.00 $1,800.00 27 CEILING MOUNT PREMIER PVCC -40 2 $316.00 $632.00 28 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 E.O.C. SUPPORT 29 TV SAMSUNG TXN3271HF 2 $900.00 $1,800.00 30 CEILING MOUNT PREMIER PVCC -40 2 $316.00 $632.00 31 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 LOGISTICS 32 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 33 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $316.00 34 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 STATE 35 TV SAMSUNG TXN3271 HF 1 $900.00 $900.00, 36 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $.00 37 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 $25 o. 16F4 3, 2007 13 of 16 $900.00 $1,800.00 $316.001 $632.00 $25.001 $25.00 $900.00 38 N SAMSUNG TXN3271HF 2 $900.00 39 CEILING MOUNT PREMIER PVCC -40 2 $316.00 40 TAP BLONDER TONGUE SRT -2A 1 $900.00 61 JOC LAW ENFORCEMENT BLONDER TONGUE SRT -2A 1 $25.00 41 N SAMSUNG TXN3271HF 1 $900.00 42 CEILING MOUNT PREMIER PVCC -40 1 $900.00 43 TAP BLONDER TONGUE SRT -2A 1 64 LEVEL 2 B.O. (3) BLONDER TONGUE SRT -2A 1 44 N SAMSUNG TXN3271HF 3 45 CEILING MOUNT PREMIER PVCC -40 3 46 TAP BLONDER TONGUE SRT-4A 1 67 PRESSROOM(2) BLONDER TONGUE SRT -2A 1 47 N SAMSUNG TXN3271HF 2 48 CEILING MOUNT PREMIER PVCC -40 2 49 TAP BLONDER TONGUE SRT -2A 1 70 TRAINING COORDINATOR BLONDER TONGUE SRT -2A 1 50 N SAMSUNG TXN3271HF 1: " 51 CEILING MOUNT PREMIER PVCC -40 1 52 TAP BLONDER TONGUE SRT -2A 1 73 CAD TRAINING LAB BLONDER TONGUE SRT-4A 1 53 N SAMSUNG TXN3271HF 1 54 CEILING MOUNT PREMIER PVCC -40 1 55 TAP BLONDER TONGUE SRT -2A 1 76 COMM CENTER BLONDER TONGUE SRT -2A 1 56 N SAMSUNG TXN3271HF 4 57 CEILING MOUNT PREMIER PVCC -40 4 58 TAP BLONDER TONGUE SRT-4A 1 $900.00 $1,800.00 $316.001 $632.00 $25.001 $25.00 $900.00 $900.00 COMMUNICATIONS DIRECTOR $316.00 $25.00 $25.00 $900.00 59 N SAMSUNG TXN3271HF 1 $316.00 60 CEILING MOUNT PREMIER PVCC -40 1 $900.00 61 TAP BLONDER TONGUE SRT -2A 1 $25.00 $3,600.00 COM. TECH. BUREAU MGR $1,264.00 $25.00 $25.00 $900.00 62 N SAMSUNG TXN3271HF 1 $900.00 63 CEILING MOUNT PREMIER PVCC -40 1 64 TAP BLONDER TONGUE SRT -2A 1 COM. CENTER MGR 65 TV SAMSUNG TXN3271HF 1 66 CEILING MOUNT PREMIER PVCC -40 1 67 TAP BLONDER TONGUE SRT -2A 1 BRIEFINGICONFERENCE ROOM 68 N SAMSUNG TXN3271HF 1 69 CEILING MOUNT PREMIER PVCC -40 j 70 TAP BLONDER TONGUE SRT -2A 1 SENIOR OFFICIAL BRIEF (4) 71 N SAMSUNG TXN3271HF 4 72 CEILING MOUNT PREMIER PVCC -40 4 73 TAP BLONDER TONGUE SRT-4A 1 CONFERENCE 74 N SAMSUNG TXN3271HF 1 75 CEILING MOUNT PREMIER PVCC -40 1 76 TAP BLONDER TONGUE SRT -2A 1 HOMELAND SECURITY 77 N SAMSUNG TXN3271HF 1 78 CEILING MOUNT PREMIER PVCC -40 1 $900.00 $1,800.00 $316.001 $632.00 $25.001 $25.00 $900.00 $900.00 $316.00 $316.00 $25.00 $25.00 $900.00 $2,700.00 $316.00 $948.00 $25.00 125 on $900-001 $1,600.00 $316.00 $632.00 $25.00 $25.00 $900.00 $900.00 $316.00 $316.00 $25.00 $25.00', $900.00 $900.00 $316.00 $900.00 $316.00 $25.00 $25.00 $25.00 $900.00 $900.00 $3,600.00 $316.00 $25.00 $1,264.00 $25.00 $3,600.00 $25.00 $900.00 $900.00 $316.00 $316.00 $25.00 $25.00 $900.00 $900.00 $316.00 $316.00 $25.00 $25.00 $900.00 $900.00 $316.00 $316.00 $25.00 $25.00 $900.00 $900.00 $316.00 $396.00 $25.00 $25.00 $900.00 $3,600.00 $316.00 $1,264.00 $25.00 $25.00 $900.00 $900.00 $316.00 $316.00 $25.00 $25.00 $900.00 $900.00 $316.00 $316.00 o. 16F4 3, 2007 4of16 • $168,186.16 �. 16F4 S, 2007 5a f16 BROADBAND DISTRIBUTION SYSTEM PRICING ITEM 79 DESCRIPTION TAP MANUFACTURER BLONDER TONGUE PART,-, SRT -2A QTY 1 LIST $25.00 TERRORISM TASK FORCE 80 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 81 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $316.00 82 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 FEMA 88 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 84 CEILING MOUNT PREMIER PVCC-4D 1 $316.00 $316.00 85 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 DIRECTOR 86 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 87 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $316.00 88 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 SENIOR ADMIN OFFICE 89 TV SAMSUNG TXN3271HF 1 $900.00 $900.00 90 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $316.00 91 TAP BLONDER TONGUE SRT -2A 1 $25.00 $25.00 OFFICE(4) 92 TV SAMSUNG TXN3271HF 4 $900.00 $3,600.00 93 CEILING MOUNT PREMIER PVCC40 4 $316.00 $1,264.00 94 TAP BLONDER TONGUE SRT-4A 1 $25.00 $25.00 IT COMPUTER ROOM 95 TV SAMSUNG TXN3271HF 1 $900.00 $1,500.00 96 CEILING MOUNT PREMIER PVCC -40 1 $316.00 $396.00 97 TAP BLONDER TONGUE SRT -4A 1 $25.00 $25.00 SYSTEM - 98 SATELLITE SYSTEM 0 $0.00 $0.00 99 SAT. MULTIPLEXER COMPATIBLE WITH EOC SYS 0 $0.00 $0.00 100 SAT. RECEIVER COMPATIBLE WITH EOC SYS 0 $0.00 $0.00 101 AGILE MODULATOR BLONDER TONGUE AM- 40 -550A 8 $600.00 $4,800.00 102 AGILE PROCESSOR BLONDER TONGUE AP- 40 -550A 12 $750.00 $9,000.00 103 COMBINER BLONDER TONGUE OC -12D 2 $300.00 $600.00 104 SPUTTERS BLONDER TONGUE SUV -2 3 $18.00 $54.00 105 AMPLIFIERS BLONDER TONGUE BIDA- 550 -50 4 $550.00 $2,200.00 106 TAPS & DIRECTION COUPLERS BLONDER TONGUE SRT -2A 4 $72.00 $288.00 107 MONITOR MARSHALL V -R151P 1 $2,199.00 $2,199.00 108 DVD RECORDER PIONEER PRV -9000 2 $995.00 $1,990.00 109 AV SWITCH AUTOPATCH 1Y16 16X8 1 $3,000.00 $3,00000 110 EQUIPMENT RACK MID ATLANTIC WRK -44 -32 1 $650.00 $650.00 111 RETURN AMPLIFIER BLONDER TONGUE 5402 7 $200.00 $1,400.00 112 RETURN FILTER BLONDER TONGUE 54071 7 $125.00 $875.00 113 DSV BLONDER TONGUE 4375 1 $60.00 $60.00 114 AGILE PROCESSOR BLONDER TONGUE 59814 1 $750.00 $750.00 115 OPTION 17 BLONDER TONGUE 59177 1 $300.00 $300.00 116 TEST EQUIPMENT LEADER 408 1 $3,000.00 $3,000.00 $106,488.00 • $168,186.16 �. 16F4 S, 2007 5a f16 Agenda Item No. 16F4 January 23, 2007 Page 16 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F4 Item Summary: Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance iEMPA) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $175,000 Meeting Date: 1/23/2007 9:00:00 AM Prepared By James J. VonRinteln Emergency Management Coordinator Date County Manager's Office Emergency Management 118/2007 10:21:55 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 1/8/2007 4:11 PM Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 119/2007 9:37 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1/9/2007 11:09 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/10;200710:14 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/1212007 4:11 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1412007 7:44 PM Agenda Item No. 16H1 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations /organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: SFWMD reception welcoming Philip G. Flood, Jr., Director, Lower West Coast at Hilton Naples, 5111 Tamiami Trail North, Naples, Florida PUBLIC PURPOSE: Meet new South Florida Water Management District ( SFWMD) Director, Lower West Coast, and interact with local business leaders. DATE OF FUNCTION/EVENT: January 10, 2007 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 reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC Agenda Item No. 16H1 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H1 Item Summary: Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception, welcoming Philip G. Flood. Director, Lower West Coast.. on Wednesday, January 10, 2007, at the Hilton Naples, 5111 Tamiami ?rail North, Naples, Florida. $35.00 to be paid from Commissioner Halas' travel budget. Meeting Date: 1/23/2007 9:00.00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/5/2007 9:24 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/10/2007 8:24 PM $4ON M. 'A Gby"��w invite rO to a poolside reception with keyataff and to welcome PHILIP G. hOOD, JR. Lhrector Low kwest'Coast ti etinesdapF January %F2601 at MILO" NVIA g nas Please RSVP 0 mith. Agenda Item No. 161-11 January 23, 2007 Page 3 of 3 Agenda Item No. 161-12 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: South Florida Water Management District Reception welcoming Philip G. Flood, Jr., Director, Lower West Coast at Hilton Naples, 5111 Tamiami Trail North, Naples, Florida. PUBLIC PURPOSE: To meet the new South Florida Water Management District Director, Lower West Coast, and interact with local business leaders. DATE OF FUNCTION /EVENT: January 10, 2007 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: January 23, 2007 Agenda Item No. 16H2 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H2 Item Summary: Commissioner Colette requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception. welcoming Pnilip G. Flood. Director, Lower West Coast, on Wednesday, January 10, 2007, at the Hilton Naples, 5111 Tamiami Trail North, Naples. Florida. $35.00 to be paid from Commissioner Coletta's travel budget. Meeting Date: 1/23/2007 9 -. .00:00 , %M Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County Commissioners BCC Office 11512007 3:44:49 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/6/2007 9:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1710/2007 6:25 PM Agenda Item No. 16N2 January 23, 2007 Page 3of3 P. ALICE J: ?CARLSON - Got'E ZMNG BOARD MEMBERs invite you to a poolside reception with kcy=ff and to welcome PRiLrP G. FLOOD, JR. Director, .Lower llrest Coact Wednesday, January 10, 2007 • 6 to £ p.m. at Hilton Naples , -- 5 111'Tamiami Trail i3orth PIease RSVP to (239) 277-3963 ar infnC�,grnvirasnzirh.xrn V� Cash fiar Agenda Item No. 16H3 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: EDC Industry and Opportunity Tour PUBLIC PURPOSE: To become more familiar with the growth opportunities for eastern Collier County. DATE OF FUNCTION/EVENT: February 2, 2007 FISCAL IMPACT: $20.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta 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: January 23, 2007 Item Number: Item Summary: Meeting Date: Prepared By Nancy Rosiak Board of County Commissioners Agenda Item No. 161-13 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H3 Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Prepaid to attend the EDC Industry and Opportunity Tour on February 2, 2007. $20.00 to be paid from Commissioner Coletta's travel budget 1/23/2007 9.00'00 AM Executive Aide to the BCC Date BCC Office 1/512007 4:25:06 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11812007 9:42 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/10/2007 8:29 PM Agenda 490.90r13 3 january 23; 2007 Page 3of3 Event Registration - Event Detail Event Name: 02 -02 -07 EDC's INDUSTRY AND OPPORTUN 2/8/2007 9:00 AM - 5:00 PM Sponsored By: Collier Enterprises, Crestview Park Event Description Event Location Other - See Event Information During the tour, guests will have an opportunity to learn about a wide variety of business expansion opportunities in the area. These include the Florida Tradeport Master Plan, Tradeport Technology Park, Arrowhead Reserve at Lake Trafford, and Workforce preparations from the Immokalee Career and Service Center. The day will also include a tour of the new Town of Ave Maria, which is now under construction, and an overview of the newly announced town of Big Cypress Event Schedule 9:30 am Check -in at EDC, 3050 N. Horseshoe Drive, Suite 120, Naples 4:45 pm Arrive at EDC 10- Registration Fee Early Registration Member Non - Member Tour Participants $0 $0 View Event Literature oRegistration Forms Close I Print Regular Registration Member Non - Member $20 $20 http: / /io2. intemetoffice. bizladmin/ eventregistration leradminleventdetaii .asp ?eventid =206 1/4/2007 Agenda Item No. 16H4 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations /organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: Naples Children & Education Foundation's (NCEF) reception and premiere of "NCEF: Transforming Children's Lives One Agency at a Time" at The Pavilion Cinemas, located at 833 Vanderbilt Beach Road, Naples, Florida ,,.. PUBLIC PURPOSE: Meet and interact with local business and community leaders and learn more about the activities of NCEF in supporting the needs of children in Collier County. DATE OF FUNCTION /EVENT: January 16, 2007 FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99 -410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC Agenda Item No. 16H4 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H4 Item Summary: Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Naples Children & Education Foundation's reception on Tuesday, January 16 2007 at The Pavilion Cinemas in Naples, Florida. $20.00 to be paid from Commissioner Halas' travel budget. Meeting Date: 1123!2007 9:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11812007 9:41 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1012007 8:15 PM Agenda Item No. 16H4 January 23, 2007 Page 3 of 3 You are cordially invited to attend the Naples Children & Education Foundation's premiere of NCEF: Transforming Children's Lives One Agency at a Time The story of the non -profit agencies that have been supported by NCEF and have truly transformed the lives of children in Collier County. i ! Where: The Pavilion Cinemas RECEIVE,) 833 Vanderbilt Beach Road in Naples JAN R 4 pnn Board of County When: January 161, 2007 at 7:00 PM COtnn'��oners EACH Minj RECD ,(0pj Attire: Casual Wine and hors d'oeuvres will be served. Please RSVP by January What 239 -514 -2239 or rsvp@napleswinefestival.com Agenda Item No. 16H5 January 23, 2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Speaker at the Right Angle Club PUBLIC PURPOSE: Speak to this group about current events, future planning, budgets, taxes, roadway updates and other significant items of public local interest DATE OF FUNCTION /EVENT: on January 11, 2007 FISCAL IMPACT: $15.00 -Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January 23, 2007 Agenda Item No. 161-15 January 23, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H5 Item Summary: Commissioner Colette requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Right Angle Club's Luncheon Meeting on Wednesday, January 11, 2007 at The Vanderbilt Golf and Country Club in Naples, Florida. A total of $15.00 to be paid from Commissioner Coletta's travel budget. Meeting Date: 1123120G7 9:00.00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County Commissioners BCC Office 1/9/2007 9:54:17 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office V1012007 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/10/2007 7:43 PM Agenda Item No. 16'-15 January 23, 2007 rosiak n Page 3 of 4 Subject: SPEAKER AT RIGHT ANGLE CLUB - discuss, panther safety, future growth planning and budgets, taxes, roadway updates,growth and growth restrictions and planning. -Meal cost is $15 -check 2106 taken to Right Angle Club meeting- on agenda for 1123 for reimburse Location: Vanderbilt Golf and Country Club Clubhouse Start: Thu 1/11/2007 12:00 PM End: Thu 1/11/2007 1:30 PM Show Time As: Out of Office Recurrence: (none) R. Roth to e- mail 7C with subject matter for speaking 25 minutes. He will send official invite with payment Information. Nikr 11/21/06 Speak about what's planned in future - roads, buildings, expenditures and scheduling to keep up with the growth - any restrictions on growth. From: Merrill H. J. Roth [mailto:mhjroth 18(o)msn.coml Sent: Tuesday, July 11, 2006 12:56 PM To: rosiak n Subject: Re: Right Angle Club of Naples Ms. Rosiak The cost of the meal is $15 inclusive. M H J Roth Dear Merrill Roth: Thank you. I have that on Commissioner Coletta's Schedule for noon to 1:30 on Jan. 11, 2007 at Vanderbilt Country Club. I believe there will be a meal involved. Please let me know the cost of the meal as we get closer to that time, as Commissioner Coletta will pay for that as part of his "no gift" policy. N2Vtz TZOS( 211 EXECUTIVE AIDE TO COMMISSIONER JIM COLETfA, DISTRICT 5 From: Merrill H. J. Roth [mailto:mhjroth 18Cabmsn.com] Sent: Tuesday, July 11, 2006 9:27 AM To: rosiak n Subject: Re: Right Angle Club of Naples Ms. Rosiak Thanks for the prompt response. All your assumptions (date, location and time) are correct. M H J Roth From: rosiak_n Sent: Tuesday, July 11, 2006 9:22 AM To: 'mhjroth_18 @msn.com' Cc: Coletta]im Subject: FW: Right Angle Club of Naples Dear Merrill Roth: Thank you for the opportunity for Commissioner Coletta to speak to your Right Angle club Agenda Item No. 16H5 January 23, 2007 members. I know he has been eager to do so, but we have had our difficulties because of Board of GlXpt3t of 4 Commissioners meeting conflicts. His schedule looks clear for January 1 Ith, 2007. I have scheduled it tentatively for noon. Please let me know if that is correct. Also, I believe you are meeting at Vanderbilt Country Club; can you confirm that? I am looking forward to hearing from you. Na2v,ZU R.osia�Z EXECUTIVE AIDE TO COMMISSIONER JIM COL=A, DISTRICT 5 PH: (239) 774 -8097 /FAX: (239) 7743602 From: Merrill H. J. Roth (mailto:mhjroth 18(arnsn.coml Sent: Tuesday, July 11, 2006 9:12 AM To: rosiak n Subject: Right Angle Club of Naples Ms. Rosiak We would like to re- schedule Commissioner Coletta to speak at our club on Thursday, January 11th 2007. We would like to have him discuss current events, future planning and budgets, taxes, roadway updates, plus any other significant items that would be of local interest. NOTE - The RA club does not permit any political discussions by its speakers. Can you arrange with me by email? Appreciatively, — M H J Roth Agenda Item No. 161-16 January 23, 2007 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Heritage Bay Groundbreaking Ceremony for Affordable Housing .-- PUBLIC PURPOSE: Speaker at this event to depart the importance of affordable housing for future developments and thank the developer for his contributions to this important element of Collier County's future well being. DATE OF FUNCTION/EVENT: January 19, 2007 FISCAL IMPACT: $ 16.00 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 Conunissioner 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: January 23, 2007 Agenda Item No. 16H6 January 23, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-16 Item Summary: Commissioner Colette requests Board approval for reiirnbursement regarding attendance at a function serving a valid public purpose. Spoke at the Heritage Bay Affordable Housing Groundbreaking and attended their Luncheon on Friday, January 19, 2001, at The Heritage Bay in Naples, Florida. A total of $16.00 to be paid from Commissioner Coletia's travel budget to cover the cost of the luncheon. Meeting Date: 1!2312007 9.00.00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC Office 111012007 9:27:58 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 111012007 11:03 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1110!2007 8:32 PM Commissioners Message rosiak n From: Nicole Hawker [nhawker @tuckerhall.com] Sent: Tuesday, January 09, 2007 4:23 PM To: rosiak n Subject: RE: Groundbreaking at Heritage Bay for Affordable Housing Luncheon Nancy - Agenda It6rrIlRio. R4 January 23, 2007 Page 3 of 5 The cost of the luncheon will be $16 and the check can be made out to Lennar LLC. Let me know if you need anything else. Nicole - - - -- Original Message---- - From: rosiak_n [ mailto :NancyRosiak @colliergov.net] Sent: Tuesday, January 09, 2007 3:56 PM To: Nicole Hawker Subject: Groundbreaking at Heritage Bay for Affordable Housing Luncheon Ms. Hawker: Tomorrow is the deadline to put items on the agenda, therefore, I would really appreciate it if you could advise me what the cost of the luncheon will be, so I can apply for reimbursement on the ]an. 23rd agenda. Also, I would need to know who to make the check out to and where to send it. Thanks for any assistance you can provide to move this along. Nam Fo—ssi � Executive Aide to Commissioner Jim Coletta, District 5 PH: (239) 774 -8097 / FAX: (239) 774 -3602 1/10/2007 Agenda Iterfifoi 1 A January 23, 2007 Page 4 of 5 rosiak n From: Nicole Hawker [nhawker@tuckerhall.comj Sent: Wednesday, November 22, 2006 2:59 PM To: rosiak_n Subject: RE: BOCC Schedule for Week of Jan. 8 Nancy —We would like to schedule the event on 1/19 from 11:30 a.m. to 1:30 p.m. [will be in touch next week with additional details. Have a Happy Thanksgiving. Nicole - - - -- Original Message--- - From: rosiak_n [mailto:NancyRoslak @colliergov.net] Sent: Tuesday, November 21, 2006 9:51 AM To: Nicole Hawker Cc: ResnickLisa; ColettaJim; HastingsKendra; LeaSandra; SpringsPaula; tuckersam Subject: RE: BOCC Schedule for Week of Jan. 8 Dear Nicole: Thank you for the opportunity to provide you with Commissioner Coletta's availability for Heritage Bay's affordable housing groundbreaking ceremony and luncheon. If you can be more flexible than the week of January 8th, Commissioner Coletta may be able to attend. He is currently available from 11:30 a.m. to 1:30 p.m. on these dates listed below; unfortunately, none are the week of January 8th. 1/4 1/5 1/19 1/29 1/30 1/31 If you were able to move off the January 8th date, possibly some of these dates would work with the other Commissioner's schedules as well. Please keep me informed. Naltic� rzDSbRl , EXECUTIVE AIDE TO COMMISSIONER JIM COILETTA, DISTRICT 5 PH: (239) 774 -8097 /FAX: (239) 774 -3602 Please note: Florida has a very broad public records law. Most written communications to or from officials regarding county business are public records available to the public and media upon request. Your e-mad communications may therefore be subject to public disclosure. 1/10/2007 Agenda Iterwc� P40 January 23, 2007 Page 5 of 5 From: ResnickLisa Sent: Monday, November 20, 2006 4:33 PM To: DL BCCSEC Subject: FW: BOCC Schedule for Week of Jan. 8 Hi All, Nicole Hawker from Tucker Hall (PR Firm) would like the Commissioners to attend a groundbreaking of Heritage Bay, the week of January 8, 2007 and she is trying to find a mutual time when all Commissioners can be in attendance... she specifically requests that Comm. Coletta attend. Please see email below. Lisa From: Nicole Hawker [mailto:nhawker @tuckerhall.com] Sent: Monday, November 20, 2006 4:26 PM To: ResnickLisa Subject: BOCC Schedule for Week of Jan. 8 Good afternoon Lisa — Thanks for taking the time to speak with me this morning regarding the Board of County Commission schedule the week of January 8. Lennar would like to plan a luncheon to celebrate the groundbreaking of Heritage Bay, an affordable housing project in north Naples, the week of January 8, 2007 and would like to have the Board of County Commission in attendance. This project lies in the district of Commissioner Coletta. Along with his presence, Lennar is trying to narrow down a date which would accommodate as many commissioners as possible. The proposed time for the event would be from 11:30 to 1:30. As we discussed via phone this morning, could you provide me with availability. If you have any questions or need additional information, feel free to contact me at (813) 228 -0652. Best regards, Nicole Nicole Hawker Account Executive Tucker /Hall, Inc. One Tampa City Center, Suite 2760 Tampa, FL 33602 Phone: (813) 228 -0652 Fax: (813) 228 -9757 nhawker @tuckerhall.com CONFIDENTIALITY NOTICE: This e-mail transmission and any documents, files or previous e-mail messages attached to it may contain confidential information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED If you have received this message in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. Thank you, Tucker/Hatt, Inc. For more information, please visit our web site at www.tuckerhatl.com L/1 0/2007 Agenda Item No. 16H7 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Friends of the Library Champagne Under the Stars 50th Year Anniversary PUBLIC PURPOSE: To participate in the Friends of the Library Champagne Under the Stars 50th Year Anniversary and network with constituents. DATE OF FUNCTION/EVENT: Friday, January 12th, 2007 FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23rd, 2006 Agenda Item No. 16H7 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H7 Item Summary: Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose Attended the Friends of the Library Champagne Under the Stars 50th Year Anniversary on Friday, January 12th, 2007 at the Library Headquarters:. `20.00 to be paid from Commissioner Fiala's travel budget Meeting Date: 1!2312007 9:00.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 1111!2007 9:31:41 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 111112007 10:38 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1!11/2007 6:42 PM Commissioners Agenda Item No. 16H7 January 23, 2007 Page 3 of 3 Hastin sKendra Subject: Champaign under the Stars Friends of the Library 50th Anniversary Celebration *Teresa 262 - 8135" Location: @ Headquarters Library 2385 Orange Blossom Trail Start: Fri 1/1212007 5:00 PM End: Fri 1/12/2007 7:00 PM Recurrence: (none) $20.00 Jonathon Green painting unveiled Agenda Item No. 16H8 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Bayshore Cultural Arts, HeArts in the Garden Series PUBLIC PURPOSE: To participate in the Bayshore Cultural Arts, HeArts in the .— Garden Series and network with constituents. DATE OF FUNCTION /EVENT: Friday, February 2nd & Friday February 9`h, 2007 FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23rd, 2006 Agenda Item No. 16HB January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H8 Fiala Board approval for reimbursement for attending a function Item Summary: Commissioner request serving a valid public purpose. To Attend the Bayshore Cultural Arts HeArts in the Garden Series on February 2nd and February 9th. 2007: $50.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 1123/2007 9.00:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 111112007 9:52:25 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 111112007 13:36 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111112007 7:22 PM Commissioners i HeArts In the Garden All proceeds to benefit Bayshore Cultural Arts Please respond by January 26, 2007 Names will be held at the door Your check made out to Bayshore Cultural Arts serves as your reservation. Ies! 1 would like tickets for the Friday, February 2, 2007 for Opera Naples"-ung Artists Showcase ($30 per ticket) total ... $ I would like _ tickets for the Friday, February 9, 2007 for Valentine's Da Orchid Show and Art Sale ($30 per ticket) total .. $ I would like L tickets for BOTH evenings ($50 per ticket) total ....................... ❑ I am song I cannot attend, but would like to make a tax - deductible gift to Bayshore Cultural Arts in the amount of .... .... .. $ Name: Address: City /State /Zip: r Telephone: e -mail: enda Item No. 16H8 January 23, 2007 Page 3of3 rr en RAL ARTS PM OWCASE PM ART SALE BAND APPETIZERS i ❑ For membership and further information, please call 239-775 -2969 E DR., NAPLES kJ VE) i►L1 ARl WILL BE FOR SALE. SELECT PAINTINGS WILL BE AVAILABLE AS VALENTINE LOVE CARDS FOR PURCHASE. ADMISSION: $30.00 PER PERSON, $50.00 FOR BOTH EVENTS. TO PURCHASE TICKETS OR FOR MORE INFORMATION, PLEASE CALL (239) 775 -2969, ALL PROCEEDS TO BENEFIT BAYSHORE CULTURAL ARTS. THE MISSION OFBAYSHORE CULTURAL ARTS IS TO ENHANCE THE QUALITY OF LIFE FOR THE COMMUNITY BY CREATING A CULTURAL ENVIRONMENT THAT WILL ESTABLISH AND SUPPORT EDUCATIONAL, ARTISTIC AND CULTURAL PROGRAMS AND FACILITIES. Agenda Item No. 161-19 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: ENCA 2007 Annual Dinner PUBLIC PURPOSE: To participate in the East Naples Civic Association 2007 Annual .-� Dinner and network with constituents. DATE OF FUNCTION /EVENT: Monday, January 22nd, 2007 FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23`d, 2006 Agenda Item No. 161-19 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H9 Item Summary: Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the East Naples Civic Association 207 Annual Dinner on Monday, January 22nd. 2007, $35.00 to he paid from Commissioner Fiala's travel bucket. Meeting Date: 1/23/2007 9:00.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 1/11/2007 10:00:41 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1111!2007 10:36 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111112007 7:04 PM Commissioners Visit us on the web at www.EastNapiesCivicAssociation.com IN the Catendarb s a Meetings held in BCC Chambers unless otherwise noted. Jan. 8 Conservation Land Acquisition i F . :'.Monday, larmairy 22, 20G77 Cocktails 6 pm; Dinner at 6 30 Naples Lakes Country:Club MaineDining Room Bleakin a habit can be good for' you come to Napless!kes. Country Club on a Monday wenin6 in- stead ofaThursdayFuxueheorfsomewhere� else It's t the be inrnn of aril" � "" , g gyeaR�d�we do (mostly] is celebrate the' past ye .,&`Zcornplishrii - and have- a;,lij. fuit and feliom -1, ' (No long speeches; we promise j We -will elect our new officers and some, gie the -board will be• re elected. Our nom [n nattee.has offered Its recommends- tion urecision! Ther ve music, some offerings for you to 'consider so that we can continue to raise money for our scholarship program, but mostly just good com- 6a4. and:good food. Oh, and of course, the now -me- rh6rialized balloon drop that includes a good deal of cash you can get by bringing a needle. 4. mIe�oEszelaiv"` Bald'a"rz`l�zGlo.cybo.,.ugueetS RSVP 434 -1967 AT LEAST 3 BUSINESS DAYS BEFORE THE EVENT! Make your reservation todayl Cost: $35.00 Inclusive per person Advisory Committee 9:00 am Jan. 9 BCC Meeting Jan. 11 Affordable Housing Commission 8:30 am Jan. 12 MPO 10 am Jan. 16 BCC/Tourist Development Council ,ter Workshop 9 am Jan. 18 CCPC 8:30 am Jan. 23 BCC Meeting Jan. 24 BCC - AUIR Meeting Jan. 25 BCC /FAR Based Amendments Jan. 26 BCC /EAR Based Amendments i F . :'.Monday, larmairy 22, 20G77 Cocktails 6 pm; Dinner at 6 30 Naples Lakes Country:Club MaineDining Room Bleakin a habit can be good for' you come to Napless!kes. Country Club on a Monday wenin6 in- stead ofaThursdayFuxueheorfsomewhere� else It's t the be inrnn of aril" � "" , g gyeaR�d�we do (mostly] is celebrate the' past ye .,&`Zcornplishrii - and have- a;,lij. fuit and feliom -1, ' (No long speeches; we promise j We -will elect our new officers and some, gie the -board will be• re elected. Our nom [n nattee.has offered Its recommends- tion urecision! Ther ve music, some offerings for you to 'consider so that we can continue to raise money for our scholarship program, but mostly just good com- 6a4. and:good food. Oh, and of course, the now -me- rh6rialized balloon drop that includes a good deal of cash you can get by bringing a needle. 4. mIe�oEszelaiv"` Bald'a"rz`l�zGlo.cybo.,.ugueetS RSVP 434 -1967 AT LEAST 3 BUSINESS DAYS BEFORE THE EVENT! Make your reservation todayl Cost: $35.00 Inclusive per person Agenda Item No, 16H10 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION /EVENT: League of Women Voters Workforce Housing Consensus #3 & Luncheon PUBLIC PURPOSE: To participate in the LWV Workforce Housing Consensus #3 & luncheon and network with area constituents. DATE OF FUNCTION/EVENT: Monday, January 15', 2007 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23`a, 2006 Agenda Item No. 16H10 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15H10 Commissioner Fiala request Board approval for reimbursement for attending a function Item Summary: serving a valid public purpose. Attended the League of Women Voters Workforce Housing Consensus #3 on Monday. January 15th, 2007: $15.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 1/2312007 9:00.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 1/12!2007 9:19:57 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1112/2007 11:16 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manage 111 212007 12:56 Manager's Office Commissioners i LVVVCC VOTER -January 2007 League of Women Voters of Collier County P. Q. Box 9883 Naples, FL 34101 Tel 239-263-4656 Email :lwvcc @Iwvcolliercounty.org i Agenda Item No. 16H10 January 23, 2007 Page 3 of 3 'age 8 UPCOMING MEETINGS AND EVENTS (MUST HONOR OR CANCEL RESERVATIONS BY RSVP DATE TO AVOID CHARGE) Event Date & Time Place RSVP & Cost Justice Committee Monday, 1/8 Naples Branch Library By 115 to 455 -4984 or Justicetw- Page 7 9:00 -11:00 a.m.. 650 Central Avenue Iwvcoiliercounty.orp No charge Vorkforce Housing Monday, 1/8 Fifth Third Bank By 1/5 to 513 -1595 or Consensus #1 10:00 -12:00 noon Community Room KW 3: )JWVCOHierccuntv.crA Pages 2 -3 900 Goodlette Rd. South No charge (Members only) Board Meeting Monday, 1/8 Robb & Stuckey Board Members: please advise 12:00 -3:00 p.m. Community Room Chris Straton if you do NOT plan to attend Social Policy Committee Wednesday, 1/10 Crissy's Wild Side Cafe By 1/8 to 263 -1755 or Secial- Page 6 8:00 -9:00 a.m. 5026 Airport Pulling Rd N Policyalwvcolliercountv_oro • Breakfast — $10 Government Committee Wednesday, 1110 Clerk's Office — 5th Floor By 1/8 to 513 -1595 or Govern- Lunch with Leaders 12:00 -1:30 p.m. Collier County Courthouse, mentl�:Ir;vcollierrcunt; orb Page 4 County Government Center Cost TBD; limited to first 20 LWVCC members that sign up Workforce Housing Friday, 1112 Collier Athletic Club By 1/10 to 513 -1595 or Consensus #2 12:00 -1:30 p.m. 710 Goodlette Rd N Ivs�>vcgiwvcolliercountv.or Pages 2 -3 Buffet lunch —$16 (Members only) Workforce Housing Monday, 1115 Norris Center By 1/11 to 263 -4656 or Hosoital- Gonsensus #3 10:30 -12:00 noon 8th Ave S across from City iiv a Iwvcolliercoun y.osc Pages 2;3 Hall No charge (Members only) General Meeting Monday, 1/15 Norris Center By 1/11 to 263-4656 or Hosoital- PageB 12:00 -1:30 p.m. 8th Ave S across from City ity; Agenda Item No. 161-111 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: CREW Land & Water Trust Annual Meeting PUBLIC PURPOSE: To participate in the CREW Land and Water Trust Annual Meeting and network with constituents. DATE OF FUNCTION /EVENT: Friday, January 26', 2007 FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23rd, 2007 Agenda Item No. 16H11 January 23. 2007 Page 2 o'3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .� Item Number: 16H11 Commissioner Fiala request Board approval for reimbursement for attending a function Item Summary: serving a valid public purpose. VViII attend the CREW Land and Water Trust Annual Meeting on Friday, January 26th.. 2007 at The Club at Barefoot Beach, $20 00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 1/2312007 9.00 00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 111112007 1:12:14 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1(11/2007 1:17 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1111/2007 7:25 PM Commissioners You are cordially -�ivited to attend CREW Land & Water Trust's annual meeting Friday, January 26th, from 11:30 AM - 3:00 PM. The meeting will be held at: The Club At Baref--:>t Beach Third Floor 105 Shell Drive Bonita Springs, FL 34134 (239) 992 -0024 I will be providing a detailed agenda shortly. John Murray Executive Director w-,d ct Agenda Item No. 16H11 January 23, 2007 Hastin sKendra Page 3 of 3 From: John Murray gmurray9999 @earthlink.net] Sent: Monday, January 08, 2007 2:12 PM To: dburr @swfrpc.org; acarlson @sfwmd.gov; ecarlson @audubon.org; wdaltry @leegov.com; fiala_d; naturalcontext @aol.com; MHawk26249 @aol.com; dist3 @leegov.com; nlurvey @comcast.net; richard.anderson @marinerproperties.com; barberr @abbinc.com; aquilla @ix.netcom.com; terreydolan @wcicommunities.com; farrarb @ronto.com; J.H.Fitch @comcast.net; layne_hamilton @fws.gov; stanhole@comcast.net; ringe @landsolutions.net; tjones @barroncollier.com; ellenll @lee.k12.fl.us; jerrym @bonitabaygroup.com; opp @lcmcd.org; fpartin @bonitaspringsutilities.com; jenniferh@conservancy.org; jschmoyer @miromarfl.com; martha.simons @cityofbonitasprings.org; mtaylor @collierenterprises.com; swalker @Ilw - law.com; dougcarmac @earthlink.net; mbauer @naplesgov.com; joseph.bozzo @myfwc.com; roger @leegov.com; clemenrg @leegov.com; chuck.collins @myfwc.com; fdavis @sfwmd.gov; mduever @sfwmd.gov; dduke @wetlandsbank.com; eeverham @fgcu.edu; jgoodwin@sfwmd.gov; rhaag @sfwmd.gov; wheiffer @sfwmd.gov; cpaimer @sfwmd.gov; f,vfnapies @earthlink.net; ctearsjr @sfwmd.gov; cwehle @sfwmd.gov; mmoore Cc: @sfwmd.gov; vulgata @comcast.net; Paige.Martin @MyFWC.com; doneslick @comcast.net Subject: brenda_crew @earthlink.net; jmurray9999 @earthlink.net CREW Land & Water Trust Annual Meeting, Fri, Jan 26th, 11:30AM- 3:OOPM You are cordially -�ivited to attend CREW Land & Water Trust's annual meeting Friday, January 26th, from 11:30 AM - 3:00 PM. The meeting will be held at: The Club At Baref--:>t Beach Third Floor 105 Shell Drive Bonita Springs, FL 34134 (239) 992 -0024 I will be providing a detailed agenda shortly. John Murray Executive Director w-,d ct Agenda Item No. 16H12 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Marco Island Area Chamber of Commerce Installation of 2007 President PUBLIC PURPOSE: To participate in the Marco Island Chamber of Commerce Installation of 2007 President, Mac Chaundry and network with constituents. DATE OF FUNCTION /EVENT: Sunday, January 14th, 2007 FISCAL IMPACT: $65.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23rd, 2006 ,1--- Agenda Item No, 16H12 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-112 Commissioner Fiala request Board approval for reimbursement for attending a function Item Summary: serving a valid public purpose. Attended the Marco Island Area Chamber of Commerce Installation of 2007 President on Sunday, January 14th. 2007, $65.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 1/23/2007 9 00:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 111112007 10:22:33 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1111/2007 10:35 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111112007 7:04 PM Commissioners 1 7 Jil- pp 1 7 Jil- Agenda Item No. 16H13 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: League of Women Voters Workforce Housing Consensus #2 PUBLIC PURPOSE: To participate in the LWV Workforce Housing Consensus #2 and network with area constituents. DATE OF FUNCTION /EVENT: Friday, January 12th, 2007 FISCAL IMPACT: $16.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23rd, 2006 Agenda Item No. 16H13 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H13 Item Summary: Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Workforce Housing Consensus #2 on Friday, January 12th. 2007, 516.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 1;2312007 5:00.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County Commissioners BCC Office 1111/200710:31:13 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/1112007 10:35 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/12/2007 12:34 PM f 1 n� J LWVCC VOTER -January 2007 League of Women Voters of Collier County P. O. Box 9883 Naples, FL 34101 Tel 239-263-4656 Email :lwvcc @lwvcolliercounty.org Agenda item No. 161-113 January 23, 2007 Page 3 of 3 ?age 8 i f UPCOMING MEETINGS AND EVENTS (MUST HONOR OR CANCEL RESERVATIONS BY RSVP DATE TO AVOID CHARGE) Event Date & Time Place RSVP & Cost Justice Committee Monday, 1/8 Naples Branch Library By 115 to 455 -4984 or Justice - Page 7 9:00 -11:00 a.m.. 650 Central Avenue lwvcolliercounty.org No charge Workforce Housing Monday, 118 Fifth Third Bank By 1/5 to 513 -1595 or Consensus #1 10:00 -12:00 noon Community Room Ivwcc(alwvcollierccuntv.orG Pages 2 -3 900 Goodlette Rd. South No charge (Members only) Board Meeting Monday, 1/8 Robb & Stuckey Board Members: please advise 12:00 -3:00 p.m. Community Room Chris Straton if you do NOT plan to attend Social Policy Committee Wednesday, 1110 Crissy's Wild Side Cafe By 1/8 to 263 -1755 or Social - Page 6 8:00 -9:00 a.m. 5026 Airport Pulling Rd N Policy La)lwvcolliercounty.cro Breakfast — $10 Government Committee Wednesday, 1/10 Clerk's Office — 5th Floor By 1/8 to 513 -1595 or Govern - Lunch with Leaders 12:00 -1:30 p.m. Collier County Courthouse, mentra hwvcollie, rcount%i.org7 Page 4 County Government Center Cost TBD; limited to first 20 LWVCC members that sign up Workforce Housing Friday, 1/12 Collier Athletic Club By 1110 to 513 -1595 or Consensus #2 12:00 -1:30 p.m. 710 Goodlette Rd N I%VVCCCCi3I uvcollierC�'Lintv.cra Pages 2 -3 Buffet lunch —$16 (Members only) Wcsr force Housing Monday, 1115 Norris Center By 1111 to 263 -4656 or Hosoital- Cooserisus #3 10:30 -12:00 noon 8th Ave S across from City ity(6)Iwvcolliercountv.oru Pages 2 -3 Hall No charge (Members only) General Meeting Monday, 1/15 Norris Center By 1111 to 263 -4656 or Hosai*.al- Page 6 12:00 -1:30 p.m. 8th Ave S across from City hylaawvcollierccuntv.oro Hall Buffet lunch —$15 members; $20 non - members Natural Resources Friday, 1/19 The Conservancy of South- By 1/17 to 596 -9135 or Naturai- Committee 10:00 -12:00 noon west Florida Resources (a),iwucolliercounty.orn No charge Page 5 1450 Merrihue Drive Board Strategic Planning Thursday, 1/25 (all Collier Athletic Club Board Members: please advise Retreat day) & Friday, 1/26 710 Goodlette Rd N Chris Straton if you do NOT plan (112 day) to attend Visit our website at v-,,v,rw.fwvcolliercounty.orct or call us at 263 -4656 Agenda Item No. 161-114 January 23, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION /EVENT: Martin Luther King, Jr. Parade VIP Reception PUBLIC PURPOSE: To thank those involved and support contributors and volunteers of the Parade and represent District 5 at this event. DATE OF FUNCTION/EVENT: January 13, 2007 FISCAL IMPACT: $12.00 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 Jim Coletta 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: January 23, 2007 Agenda Item No. 161-114 January 23, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ... Item Number: 15H14 Item Summary: Commissioner Colette requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Martin Luther King. Jr. VIP Reception on January 13, 2007 and is requesting reimbursement in the amount of $12.00, to be paid from his travel budget. Meeting Date: 1123!200; 9.00'.00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC Office 1/1612007 4:29:28 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1/17!2007 9:55 AM Commissioners Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 111712007 1:14 PM • 0 iflu 9&sidai?,jw e4wt wa&tm, jr—l- --Y 4 =17,iMWMMT041, Agenda Item No. 16,H1'4 January 23, 2007 Page 3 of T eamft eouoa* 2wwt* tie Nafiamd (&6- lea pee of (Naaey) co4diat4,4wite you to attend Me 2COIX. Afa4fin Nine. ji. VJY Reception to CdeAwfe tfix andauppoid ofipomow, and whufteew uAo, fiam dWeit to See Me .cans, Bim Me Vi6goid SatusdaV.. Jam" vtV 1312C07 9qM Napte4 ewt" ICIC 5i ftfi amuse South, NaplW 6X0 pm. to 9.-00 pim ewm and join tm at tfiw6 pw-commenwuition awat OW fzatuu4 mwic 6V 9U& Spomm 105.5 9.4f, 5fieteat, iqad& Station and de&dab& &w &m"tw.6 6V tat ac& eatmmy. oat#-- 239-590-74C5o4cuiaemad- Linda,- Agenda Item No. 16J1 January 23. 2007 Page 1 of 16 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF DECEMBER 23, 2006 THROUGH DECEMBER 29, 2006 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of December 23, 2006 through December 29, 2006 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1 ), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of December 23, 2006 through December 29, 2006 and submit these documents into the official records. Prepared By: Z-7e ' l . N Date: D a a a oo-- iin Assistant General Operations Manager Reviewed By: Date: .t...1Q Constance C. Murray, CGFO General Operations Manager (T Agenda Item No, 16J1 January 23, 2007 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1611 Item Summary: To obtain board approval for disbursements for the period of December 23: 2006 through December 29, 2006 and for submission into the official records of the board. Meeting Date: 1/23l20G7 8'00:00 AM Approved By Lisa Melvin Assistant General Operations Manager Date Clerk of Courts Finance 1/412007 1:52 PM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 11512007 12:04 PM Approved By Michael Smykowski Management 8 Budget Director Date County Manager's Office Office of Management 8 Budget 111012007 7:02 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111012007 8:39 PM Commissioners Agenda Item No. i6J1 January 23, 2007 Page 3 of 16 CV 41 OH NM[NN�M V'Lfl lO [� OHNMcr Ln V'7 t`NChOHNM -1HHH HHHO OOOO OH HHHH r-iHrIH d'toD[� OOIOH CO CO CO CO O CO CO CO M M M M M M M M M M M M M M M M M M M M M M M M M M M U1 Ln Ln Ln L(1 Ln Ln Ln .o 1D lD 10 w lD lD � t0 1D lD l0 lD lO lD I'D lD 1D 110 'O 1D 1D lD lD 1D 1D 1D -V.1 H r--I r-� r-1 r-i r-•1 r-1 r l r--I H r-i r� r--I f-i r-i r-i ri r-1 r-i r� .-1 r-i r-i _ 1.v. 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O S-I \v Ql CJ X U E E Vo 0 ?. o L C 8 w m c ca G z U Agenda Item No. 16,11 January 23. 2OA7 <p N W: QJ Qi a El 0a, a W a a w w m m w m ¢ w w wi a a w w w w a U a a m a° q a CO Cl) a w a a a w w a w a s o° o w w w -- O v a O Q Q Q a a a 14 C37 z m na w z z 41 F F, K X a z m" ts: �F ,E �ti co cn W✓ w W U Z vJ y F U W a w E W F< p: z 4 U a Cll r r O z g U w Z a w dwz x O w o w a w c a v z o vx o E w a a° z w❑ w a w x m a w •J a ccJ z G a a z w c� a> a a u F o a F co z w wa z u z m U zoa �wa�az[ -. 3m U z F F m Uzi U m O u £ W 0< G + fl z w a U `' j a y z G O£ O w a F 2 v F< W w 'S V w z t- v0) ,2 rx > E-, t� x 2 �-+ z z a O a W cr ..� •• •-� y, q w .] U ..S :7 U C1 CJ £ [� Om W W E O O 4 N W w w£ 4 i W F O g Q 4 Q 0 E Q >+ �' Cam, Q f F W z^ G o a G c Q ffl > [/� w e [-, X 0 0 0 0 0 0 0 0 8 a' p: W W F O a 3 '¢ W W x ., ^' O G C O O U a w m m u v v u u u u u u u u u Q w w w i w w w w £ u ua. W 4a. w w° 00, ° .. E5 L i". i7 r,� C7 C7 O C r1 U� P P N m r O if) r 0 ID N D P O 1D m h 0 0 0 m N h .-i .-J N lf'� C N O 'ii .-1 � N P r L(1 pl iD P N m h m O P O m W N ID r lfi ifl 01 cr P P O rv1 N N Ol N if1 m P, Q� N C if r tD r1 P, Qi N m M i(t r O P N r) N C N N Ol lL+ N Ol r F :pp25 I X YJ: O Q Q Q Q .� Q G G Q G Q G ^_ G O G G Q Q Q❑❑ O Q G❑ Q Q g Q O Q C Q :- C:f: Q❑ Q Q❑❑ G M U) U] co UJ w UJ UJ VI VJ V) U1 V1 [n (n U) cn V] a .� a a❑ a a ❑ O] G .^� 5 :7 '.O aZ� 5 'IJ C O O p O O O O O O O O O O O O O O O G O H C O O O O O C O O C O O O p O G O O C C C C C O O O O O O O O O O G O C O O O O O O O O N F M N N N N N N m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m N N I N N N N N N N ru ,� ri .i " -1 N N N N N N N N N N N N N r ry ,-+ �-{ --1 r-1 - --1 ,-i -i r-1 .-( ti -. 2?: m m m m m m m m m m m m m m m m m m m m m lfl U1 tf1 tIl ill ill Jfl an tr ifl to to �l if1 ilt ifl il; N N �!1 l/l ifl to Ul N to Ifl to Ln Lh ul ifr N ut I Ul l[l ifs ill N N N N N N N N N N N N N ry ry N N N N N N N ry N N N N ry ry N N N N N N N N !V N N N N ry N h O O O O C O O O C O O O G O O O C O O O O O O O C O O O O O O C O O O O O O C O O :.ijj O O O O O O O ^ O O O O p n O O C O O C O O O O C O O O O C O C O C O O O O O C O O O C O O O N N N N r1 f': N N fJ O O O C O O p C O O O O C O C O O LL IT Q O w o 4 u; X G ::SC:: O 1 N If1 ID r m Ql O N N N1 P UI l0 r m Ol C .-i N �l P to LD r m Ol O ,-i N M P i11 lD r m T r'1 M M rl v' P P P C P P P P P trl N ill N vt lf1 ifl ul ul N V' t0 tp 1p 1p tG �➢ h r r r r r r r r r P- P P `P C P P [T P P P m m 4 V �:��: P P P P C P P r r r r r r r z o f M \ 0 N O Li N \ 4J Ul o � a U lei rn U/ t+ x U U E 0 "'"" o i G 8 B U o Ts v m � � a O M 0 m z U Agenda Item No. 16,11 January 23, 2007 Pace 6 of 16 K ru. i[a7 a a w w w � a a � w > w w 2 F 4 W Q a a 1 I�'7 ¢ q m w w a w w F w F x w a a w w m w x w a w a a a z w Fwaa u w o oars < xw w w o z a w z u w w z z a u 0 o U w w a w w a w m Fc w z a o a w a w Q a w z w z w a w m w w z R a w a a w w a m F Q z J g a ly w Q a a w a X w a s a z w a w x a w a w a w w a z o z z a z U a a z- z x w z z w w a a 2 0.' Q W w 1-] W D, az�8Y3z�R��Z F 0 z w E w .+ a m m cl. ..a w > o; z Q z a o a z a u w H w a t u x z s a m w w H W a u a z w �e a w x> w t a E w H x N:: o Cl. a n a o w a v w a r a a a w w U F w a w 5 k w u a o 3 v a F w a ti^ wq w U a¢ w £ o w w N c z z a z U Q w a Q w a z w w / W :D 7 U �D a [C a' F w w .3 w F� x W C] Fw fX w a F�! ?+ a x u H � w a i Q <x w" ZZ H w p ti a x r x z o o 'a w 6 b d a 0w' u; a 2, w x W> w 2, S z o U z z u a o 1 O z r as a W x v Q w 17 » •- wz O w w O 2 F cn w w w w w x w z ttt�XXw Q O� tUX qL� w � O U 0 x T w 1D r o 0 o r o 0 0 o m o T T o N N N O 0 T m 0 0 0 0 0 0 T M N r m N r-i 0 0 0 0 N m 0 o . c o . a o 1D o T o o m ul M r o M m o c o n m In o . . . . . . . . . . . . . . . . . . . T N ri H O d' Ill <T N M M O m T r T m 01 M 1D a, M N o c o T C' c H a M r N T w N r T T a Q Q Q Q Q Q Q Q Q Q A Q Q Q Q a Q g O Q Q Q 1 ] Q Q 2 Q Q Q Q C) x 7 u w m w w w w w w w w w w w m w w w w m n w a w a v w w a w w w w w w w w w w w w w w w a a a x a x x a z x o a a] a (p 1D lq ID �D �D ID ID Q lD 10 IO 10 ID 10 W 10 0 lC ID 0 lD N 10 10 10 ID ID 1D l0 ID lD l0 t0 V' l0 t0 tD ID ID 1D lD 1D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r-i v N 1p m T O ri N M T N ID r m T O .- N M VI N M O w H H H H N aM d' N N N N N N M M 0\ T T T T T 0� T T Ol T Pi T T T T T T T Oi T T T T T T T T T T T T 01 T T T T 0. T 0\ M C, M M M 0) :j4 N N N N N N N Ill N N N N N N N N N N N N Ill N !Il N N N N N V� N Ill N N N N lf) N ill N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T 2::Id:j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O r N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a m a o R1 r a. z � \ w o Q '0> u w,. o.Qt: O H N M T N r T O H N M w ID r m T O H N N i0 r m 01 O H N M a r m T O W M m m m m m m T T T T Ol Ol T T T m 0 0 0 0 0 0 0 0 0 6 m H H H H H H H H H N N N N 0 0 0 H H [D m m m T T T Q\ T Ol T Ol O\ Ol 0l T. T O\ T T Ol T T T T T T T 4 ab a� r z cn N r•1 > m W O � r O N O 1-, \ Ql o u y TA m v iA O ?, m 'n �m � a O m O m z u Agenda Item No. 16,11 January 23. 2007 a 7 of 1 kF N a w a x w � a a w a a z h w w ° x a a W c E. a co a A " u z N u z 3 x w w cJ, a a z w a z in Q N a Q w L a w w o u w u na ° a y wH x x o a M z w u n w o r w w a U x a a v z w n F> a w w a w q w; Q° ca, z M :D < F Z a M a a a w a a u F w 6�^ 3 W w g O F m y z z z 0 m Q .a7 [n r,_ lxiJ 3 } W 2 S F ftl a w a a a a a ° �� 0 4 a :,� .• z U w ' o cn u x z w a a w- g 2 0 q x° a w Z z 4 a 3 .z-J w x x z U Z<— U z F r H a m M H u o F x z a s to w F- 21' to w a can r m F u, cn a w x x w a s• a a> 5° W z w W _ > U a F J G m 2 .7 z ul Q a � 7 a Q cFiJ x d F — r � O 4 � F dNa m a n QCz E-1 G 2 N rz v,• v w •4. CJ W U m i m F zi~Y x t°K G' W X' N U m o rCr��l X U c°n a: w w w W w EF„ W cn .^' O w T ."C� �-. ° U .] o w v°i w m F W Z i' U, m `" a H F H v, ° w w °x r w o E z f aQ qQz' o 0 o a v w a a c z 5 z z a o o w a a w a a x x x cn Vi v, Vi to V M Cl) cn cn U1 F H F F N P. H N F 5 :D �D > >> 3 3 '. �- 3 m CL M W O O C tlt N rn ¢• r N�� ^.; :n O t(1 u^ P. P� [:� rn t(J r if, M O O O M m O O rn M C L'1 �O �C tft �f Q', _.... �: N to N m l0 P, .� M m 0 0 C O O h �.• O .-1 < C C N uJ N �p P r r O C r V" r O �f; M V' �, r N .� N m m ; N T rn Ll P r M N •-1 H r N M N CT U M KS' m W r h N d' N � d' N m 1p ri p M r 47 .-� d' d� r .-+ O� M O ¢ C N r N r1 .� N N r N rn m �L r+ O �D C 9 N JO r+ J m (�: rn u? d• O 0� O i m Q� N M M �D f'S L- ��} � M N N O r •C -y f-J .� � N Q x ki. iii: -�: G C: Q Q O C1 Q Q C Q CJ G Cl Cl q❑ g 0 0 0 0 C1 CJ a Q g q CJ q CJ CJ C: g q u u G G q O G a M fn In (n M n Q U VJ Vi r a z z a a z z z m : z �D �D JO 'D �p tP O � � �L1 47 �p �p �D �P �f, iD l0 rD V' �O \D tD �L lD � V 47 •D �p �p ,D �0 tp i(' tp �0 �O ip ;D 1C lC �L V' O O O O O O O O O O O O O G O O O O O O O O p O O O O O O O O O C O O G O O O O O O O O C J O O O O Ll N N N N N N N N N N N N N N !\ (•4- N N N N N N N N N !\ N N N N N N N N fJ N N N N N N N N fv N rl N rJ .-J r-{ .--1 ri N .-t .-f rl ,-i '-I .i •-I r-I N .y .-1 rl _w :'. .-1 .-i W P� O r N N C lC r C P O N M V ip r m rn O H N r'1 d' L1 ul �' b�� '�• � `L' lD �D �D r r h r r a:: r r r r r m m m m m m m m m m P. m rn rn rn rn O� rn p� rn 0 0 0 o a m s a rn s. m a m c rn s rn m m rn a P. s. s m m e m a rn m m P s rn m rn m m m m m m o o D -N N N N N N N N N N N N N N N N N N N N N N fV N N N N N N N N N N N N N fJ N N N .i ri .-I '-I - r( .-1 N o D o 0 0 0 0 0 0 0 0 0 O c C O O P, rn q o W r a z e \ w o q t4 u, ;>µ lQ• -;.SL; N N N N N N M M (�1 t�J M t•'1 M rJ M M .y x x x u T Y' C P a� P C' V' V' V' �f', t11 i!1 lfl N Ul 1f1 Ll N N �D �D JO ,D 1p \D �P m rn c� rn rn rn rn P m u� rn rn m m m m rn m rn a rn s m m rn rn m m m rn m m m m m rn m e m rn rn m rn m o v W C v v T< C. v w w C c a U m '� u � m. d� P C C [1' •W �M [F Q C V d' V� C C P V' m m r1 U r r r r r r r r z T--� z Ln \ r 0 N N .. .. O N a1 \ N Q7 o Si m O1 iA x U Ci E E i G ^�7 O U o >. IO � b a, ro o M o ro z U Agenda Item No. 16,11 January 23, 2007 Panr R of 1r, a a a a w w a w m w w w w a x a a a t o c5 w w w z z a E a a E o E x w x w E w f a w o w g a a w a �Qq w q a a� x> z o o w c iy a w w z a a z a a N U U w W£ t i 0 7 a W w 0 t H U x w Q O w t .W] V) U) .. w w z Ia-+ a tw", w S m. a❑ w a a w c7 w U x o t w O a a o u w w o U r E W ° �4 w H W ?� CO W z U W 4 [n- U !X PX M q F z a z V U O > a G+ w Di a� z a H u m t z x u z z z w 0 a ro m o a t a w z A, 2 z Q :: Lr: z ❑, V O O F t z F O .] W F .-. cn H U 0 0 C z F z [n .a z F+ !n x U 3 ry O a a 2 vi W (n U c1) cn W O >+ a t ?+ 4 W H .7 .. w z C5 W- a z w w F+ U w H a C4 P., U z m a z H a o H E U a w o ce � z w H w J 0 . r4 o F a o U a w a w W w w a W x w z x a U M O H o o a> a cn o U z W o E`'w6K' o�'RE�gP 6, 1' i�5'w �+: -U zaa�6 ))w a) g w U U W Sl h'. F( a (n W W 'D H W F-F U w O U !!zz�� O� [Y, w a w z W U 0 44 S H> z t !n W W m� W' F H Y W W .] w 0 O (Y :+ W u [K W W 1 M z M 9 C4 a U a a z 3t z P4 t U H cz W F U z H F U 7 H� x � a a W U O z W H Q >+ w Q U w t U w 0 K z W _ Cl) O > U H W - .ad F+ H U U) M W- W w W U w w O Ck H 9C n' 0 0 a 0 a m Q z gal 7a, U, 3 AO, a a a x W U N F W QU'. U 0 W x z W ,> t W z W x �7 W a O' a s x O O !!�� M O O a t £> x CY U C t C W tt qq O Z. 3 3 3 N a 0, w U i t w W H W U U a W U U 7 to w W U a U) U W w 0 P+ 3 F i' F_ h a w C' l(1 N �Ii m 0 +D O Cn O r 0 0 0 0 �O 0 0 Ul Ul O d� O O N O V1 O O fV o O O r o O o o O to . . . . . . . . . . . . . . . . . . . . . . . . . . . . M �D In i0 M r-1 O H O M m O\ O\ N N M N M O �I1 �D W N iII O r-1 O cr tl> C lfl L/1 ri if1 �f1 N r M O O O Z o m N r I N O1 N .-1 m 01 N m O r r N M Qi O O r m P. rJ O d' N M lD N N Ol m d' O N vJ rl d: o c o o Q o❑ Q Q a Q Q o 0 0 o Q o Q Q Q 0 0 0❑❑ Q Q w❑❑ o Q Q❑ Q Q❑ Q❑ o 0 o Q (!) U co m D In V) fn V) ;n m rn m w m co Z) U. V) M m LO v) TD = cn co VD �) V) fn Cn (n V1 :n V) V) !n fn rn U. V1 U n O a� O On n' =1 O 5� W�� Q :� � W❑ O �� O .� � �:D .^. ] a :D 7) Ic w 10 w w ID ID w w m )n Q is 14 ID m tc 10 O O O O O O O O O o 'O O O O C G O O O O O O b O O 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N. N N N N N N N N N N N N N N N N N N N N N N N N N N N .0 m w m m m m m w m m m m m m m w m m m m m ro m m m m m m m m m m m m m m m m m m m m m m O\ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N N N N N N N N N N N N CJ N N N N N N N ry N N N N N N N N N N N N N N N N N N W M N N M C' 'D r m T O w 0 0 0 0 0 0 0 N N N N N N N N N N M M m. M 1 M M M C O O O O O O O O O 0 0 0 O Q O 0 O O O O 0 0 0 G 0 0 c 0 O '1:7:'. N N N N N N 10 N N Vi W N N N N �D tiD tD iD �D 10 �D �D i0 �D 10 �0 �D l0 �D l0 I �D N N 10 N N N N N N N N N N N N N N N N N N N N N N N N fJ N N N N N N N N N N N N N N N N N N N .i ri r-1 0 0 0 0 0 0 0 0 0 0 0 0 c c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O C O O O C O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 o b C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fV N N N N N N N (14 N N N N N N N N N N N N N N- N N N N N N N N N N N N i1 N N N N N ['J N N a a, t C r a �o \ w o t O >J9: j; :4 W > E G! al m O) O rl N M d' r m O) O N rn rn rn o 0 0 0 0 0 0 a 0 0 0 0 0 0 H X U !'�]'. m m m rn m rn m rn rn o, m m m rn m o, m m v. m rn m m rn m m m rn m m rn rn o 0 0 0 0 0 0 0 0 o C o 0 vl to C C U m ro U a/.'.C:. .c [] r r r r r r r r r r r r r r r h r r r r r r r h r r r r r r r r r r r r r r r r r r r r R) W a U Agenda Item No. 16,11 January 23. 2007 a. -2apo Q of 1n u1 >. \ r 0 0 N N •• O IJ U1 \ NNN (bbl O a CL a W co .7 a W ci C7 N .a ❑ C W ❑ x W W V) Q (k - F Via! m z W a s W s O U .w7 V W <❑ a m o £ 2 W Q Lu ca w 5 a< a a Z H w a a re. z U, a N lr� O Q 2 2 2 2 L a s ir, cn O tY ❑_ 2 z 2 W v �. .] W a Z f .7 0 F U 't a a v H y y z ❑ r w z z v� w z �, a a a u u° z a w F w u F F ti a Q F a� f Q z a LA „ a 14 a w Q u w a o a o w W z a W h W o a ❑ a� a a a z_ c22 w FCiln 3 tF] �c�77 z z° o� y ��z�� Q L �.. Q O '" F' ,_• 2 ^ v; fY ..7 v; E H S H Z Chi. [Fr. .. E W❑ r,O. F C z 25, v 4 .a .] R g a .;n 3 Z Z O" r,; Q c. W Q cn U W H H z U Q a m v u. tX cn 2 •-, a a `o ❑ a w w z z 5 z� < o M w ro w a as z v h w o� G n a w o x F° a a z a Q x o u N u o o x o ww Q iY q E. Q Z U < Q � -':�- (X N O O r O O M C 1D Ifl O N C C O O O O N O S •-1 O S S O O P. S N r G G ul r+� fD P. N O lD O u'1 '.O C O N O i(t rt O N O Y :.,.,. M N O ry 0 0 0 111 C O C O P r S r Q' tti M C 111 C N ll; V N V1 P rl r-I C H �` S C tC C1 rl Jp S 'T ttt rt O O 1D Ifl r N O tp r O O1 r S 1D N N M tP M ti OI V1 M N P` M Ot c m P C L'1 S 01 Lll V1 `y r+ r+l M O Q' N f'1. r .-I O N d' r+l Ul t0 r d' C N x w ❑ a❑ a ❑ ❑ ❑❑ a c a ❑ a ❑ ❑ ❑❑ n o c❑ a a a❑ a ❑❑ a ❑❑ a ❑ ❑❑ a❑ c o❑ c a cn ^ cn cn rn cn :n cn �n in ':n ut cn cn cn rn u+ cr, v, _:J :n cn v; cn rn cn c: cn Lo v; m co M m m cn �n ut cn v) cn v, v, .� ..1 .� J 7 .� 5 :.., 5 a 7 5 '� U 7 � D 5 a� O: � 5�� n a a�� a a O :- 1C �C 1C 10 ID •.D tL ID 1D 'D ID C O i ` `L O L✓ tD L 1D ID ID �D l'J O O C O O O O O O O O O C O O O O O O p O O O p p O O C O O O O O O O C O G O C O O G O G O O O O O p O O O O G O O O O O O C O O v O O N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N N N N N N N I'J N -• rl : S s O ri N rte, C' lfl 1p r S IT1 p .� N M U1 lC` r S a O .y N O' I(: r cG C, O P I(1 lfl 111 l(1 N to Ifl I!1 :f1 .It 1L' - ,U: O C ^ VJ `D r r r r r r m m x co m m m w S M o`. U, m �. O O O C O C O O C O O G C O C C O C O C l'J C ID iG` ID O IC O tp O V C CD '.O O O �] tp LLJ ID '.D S V �D `D V� ID 1p 10 1D V7 i0 10 ID 1p l0 l0 10 `D 10 N N N N N N N N N --I _ - - - - N C O O O D O O C O O O O O O G O C G O P N O O O O p O C O v^ O C O O C O O O C O O O C O O O C G O C O O O O G G O O O O O O O O O O O O O O O O C C O O O O O C C G O O O G O p ^ O N N N N N N N N N (ti N •-1 N N N N N N N N N fi N N N N N N fJ N N N N N N N iJ P. m Q O w r a E E zE C. O ID � N U v 7 : N M d' Ul kc r Q,` O, O rl N M V` L(1 1p r S 01 O rl N M p N ip r S QI O •-1 N M QI 111 1p r 00 O1 O .-1 N M V !Ii 'O v 16 'Q1.: ul 1(1 tft 1(1 1f1 V1 ul tit t11 to tP to S � E, G C U Is 4! 1L', 1t1 1(1 Ift 1l1 Ift 111 N l/M1 Ifl tr L(1 IIt tft 1f1 lfi 1S1 to to 111 N S tl? iD V1 1 N Ifl to C V` d' d' V` C C d' V' V' P aT V' C' V' '!' P P d' C• C C V' d' C d' q' O' V 'T P O' P [F C' P C T O N O �rt V' d' d' C' V' w z u r Z o £ r O :9 9 sJ m v f•J k U V E G 8 '8 w u O ?� N C b N Iv � � a O N O m z u Agenda item No. 16J1 January 23, 2007 Pancn 1 n of 1 R u a w a a a w a z w PQ �4 w E^ w w H w O a h H � W a a O m cn cn w w a w z a w z z w w m r w d� w W a x a w w w a n H a. a s H W W H q x r( a W a a w Q a a ..7 a s -..... F. �. W. a a a� a F a < 1.. R,. H oC .... .7 5 Q x w W W if+. Z H 55 Z U z Z.. F a W Z a a a Z'S m O Cl) Q «-� O z m w u m W w a a c m w H a o x a Q a w a z a a z a d �a w m U u w a z U a wl o u a 00 W a q: U z W H 0 cn >+ >+ .+ U v; 0 r. Z R W U Q w a u -+ aa^ v co R m x a E z a w w R- � r z H H G: z Q❑ w yy m 4 wo la-1 IV. U H H a 4 a z z w W y a w x C1 U w z z d Fz m u E7 R m: u n a z Z a F T 0 U) a VI V 7. U W w G i� E ?� £ C ro d3 a R w a m Q u W w o o w W z x m z H o a g 2 H w a H z H x �aJ z cn O H W 0 z a 0 W a Z W' a H W '+ x 2 F W U a z 41 U a a 1-+ to W c a v a a a z a u w a <n a F: - n n a a R w❑ o a n H x z H d x w O F M w v, cn �. Q .7 Q a4 0 O a ;7 to a O d w Z a >+ a cn W z z O W a �s u U a w a o R H u z '1 111 m m o o m a z 0 x a a U <t a Z N £FM a O z F OH 0 0 x W W 8 iL a Unn 01, yy W 5 UU U a F a a R U a R U E a F W a q x U a 0. >+ C O W H w W G: q w 11 G a X 0 �/.' Z d Vi O z a a C7 W W U x Z U O a !-+ a W a T H F Q T a .H-1 IN* a 0 C 3 iL F d �-+ w a O g 5 U 3 F x F- a w Q F w W w W£ !xn w 3 3 M m T 'z - m X W Z O a U cn �-. tu V w Z w w a x W � 3 T ^r a a aw , n Ll ra » >+ o >+ £ F U H F £ O q 0 ❑ o U o F W U a m W 0 3 1 1 w c Fu ❑ . m o � a w a w a a n a m N tiw a o a a 9 a o o x o � � � r : a a d m u d u w m u a g m u m H w OU U= 0 a Q R a a. c a R u a m Cl r m o s o 0 0 0 o r o o N 0 <r m o m 0 w o o N 0 vl o N o in 1 a-. o r r o N c M M I Q m In m In r 0 0 C o o N o C a• o In ul M r o 0 o m 0 0 m 0 c w r r, m N m m o N o 1 c m a o m ul In H I 10 ;,'d: M M N C lD ul H L(1 r'1 U1 C� H N H V' N r Lli Ln N rl ti N ri t1 N N M r r N N �-i N N .-I r �I :4, 4: q. ❑❑❑ q❑ q❑ q❑ 0 0❑2 L1 n ❑❑❑❑❑❑❑ g q❑ q❑ q q c Q q q q q q q C ::C}: D f O f VJ :D m O a ] :D 5 Z T a z a 0 5 0 •'� 5� � O r �� 5 T T O Z z� .O .^. 0 7 a.O a a a a� a T 5 .^ •'� 0 0 l0 N 0 0 0 a V' 1D l0 l0 0 0 l0 c �0 '0 0 '0 c 0 0 0 0 0 0 o c o 0 0 0 o c c o 0 0 0 0 0 o c c u C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c c o 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 c N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ,C w \ \ \ \ \ \ \ \ \ \ \ \ \ w \ \ \ \ \ \ \ \ \ \ \ \ \ w \ \ \ \ \ \ w \ w \ \ \ \ \ m m m m m m m m m m m m m m m m m m m m m m N m m m m Jp m m m W co m (A m Cp c0 m m m m m C\ iY: N N N N N N N N N N N N N N N N N N N N N N N N N (\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Ill N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ry N N iJ W Gki:: N ti P 111 1D r m 01 O N N n'1 C' In 1p r m 01 O N /'1 V' to 10 r m Q\ O N N t+t d' tfi �p r m Q\ O N N M Ifl tC r m N N N N N N N N N N N N N N N t0 N '.0 N N N N L N N to �O ID 1D l0 �0 �0 �O �D 11) 1D �0 l�J i0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O G O O O O O O O O O O O O O O O O O O O O O O O O C O O O O O O O O O D O O O O O O O O G O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CJ N N ('J N rl a 0 a D m r a z \ w o ¢ 0. 4,. Gr: N v _k: m o .•+ N M a in r m rn o c v1 o r a m o .-1 N NI vl ko r m rn o N r1 r In io r m Q. In U1 V1 In 10 10 ID 1D 10 I0 I0 1D ID 10 r r r r r r r r r r m m CO m m CO m m m m m m M 01 m C1 0\ 01 01 01 a o 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X X L U :':. 61: tll V1 I!1 lJl ll1 Ifl In In 111 In V1 lf1 Ill 0 In In 171 Ifl 171 N 0 t11 In Ul lf) lIl 0 tJl U1 In 177 In N V1 In lJl N to U1 111 111 V1 111 Agenda item No. 16J1 January 23, 2007 r 2 N .] N M � •• a W w o � m r 0 0 N O S-I N O W a s v W a H s D a O x 2 W F £ rzJ F Z < F a a W u ¢ a G o G u3t ¢ = z Q c -, C� a W 3[u z i z j= 4Vt�, ` U e w G£ F G. Wa' W cn W rQ� Vi Yrt U' � Q F. •`% Z !7 C U =. nw' O Z � 'Q _¢ � ,�. x x F X Q Z W V C£., £ '� U Z U vQ1 kf ¢ G tr a ' v> .7 W c9 w vt Z a .] U 2 RJ Q H N 4¢ `' v.• m U¢ "' x .U. 2 O G H O F C x q rJ W S_ Z p co W U x W¢ W F H W C~ [k N 3 , 21 .7 a x F ¢ x a LK Z C .7 Ll cfi n. _", > U: O w Q a' w [n (L Cr, ^ W •7 w x x 2a. a� .-i Q .] G, [.0 Z G. U W C W O W x H C -:'x' :� to x R' z 0> .: x x U W X Z X 3 co H � � h w iJ N M w o o W W W o a W W W c W W g M U W W W W W W W a a W W W W W W W W W Cn V; VJ U1 G'1 cn N V; Cn '7 cn S N Vi J' il: Vi' to N c7 �� V. ±n. 'n N n :n m U] [!J [n rn cn cn U] Cf) N U U,' VJ 7 a a a a z z w W a a a a W z z a W z 5 a a�D z 10 O c G 0 a 0 0 O .c C, a O D V O O O C O L O Ln O It O O O C O \ ^J N !V N N \ \ \ \ N- .-� r .-1 rl rl H .� rJ N �i .y 0 - - N N N N ry N N N N N N N N N N N N N N CV N N N N N N N (\ N N N N 0 .-1 .-1 H rl .�. rl 0 0 c c 0 ri -1 N .i .i � ti .i C 0 0 0 0 0 0 0 0 O c O 0 0 0 0 v C 0 S G O O O O O O O C O O O O O O O O O O O O O O C C O O O O CO O O O O O OC O O O O O O O a o O p o c o G O C o 0 0 0 0 o O c C O O p c c O o p O o � 0 0 0 0 p c o 0 0 o c : Cti N N N N N N N CJ N N N N N N N N N CJ N O c O O o N N N fi N N N N N N N N N N N N N N N N N N N N G, m ¢ G p ¢ u< E E -S o t; 0 U L1 b N � X .X L x .�.,:. H N H N ri N N .-J �-1 '-1 ti r-1 n N r-1 rl ti N .-i N N rl '-I r-1 'J N r-1 H r-: H r-/ .-J �-1 e-J �-i .� r-1 N r-/ rJ r♦ r-1 rJ tfJ Jfl lfl N N N N N IJ1 N N ul N N 4 U Q1 •C- P P P P P C' P P P C P P P V' P �]' P P P d' P P P P P P P P- P P P d - - P P P P P P P P v U ;,:V. r r r r r r r r r r r r r W Z V r Z ut� o E m 0 0 C N O1 \ N tT O 6t N x U :J E U � lg U o >. N (: O M 0 C9 z V Agenda Item No. 16,11 January 23,2007 {9N a „S. M ?sCpp oG3 to W � z H u w w v, Q w F' C21 [il O a w ._ �-] �.. .. .�°. G. LL77 <,, x �i G� F.. 2 o rl u "o H u °a w a xj w uw r a w a s Q a F m W Q x(Y U .7 £ W z cq G a v1 «7 F H Q W m U U' a to U H w N O a '-+ W W l 0 O U [C -a d ro: x a F a a w m a w z z v m w a Q z w d m x w w Q 11 a H w w z m Q z a w u w z w w m G z v w z O W V a z ,.:a cti O U4 z a a U Q q W u; .7 Z H Q w z a " 4 W w Q cL w 5 U W a a a dd W u) H z F W T O W a' q }.' H Q z z ., w' Q F A .7 H .7 r7 Q C7 U O C7 Q E d a: f .7 S i z G z O d z fj >• w «+ .a o. 4 O U `E �Q: �'i ❑ O W x to a .7 H U rY cn H H. 3 .a U w o H u1 O Q z� (7 m >+ g fx Z z .� G �"�H 'Q�3xd�Fe �E-uz � � Qaal aaxdag C�Y3 r} z w� ❑ O O h Z r[ 3 a W ui Z d [^ w 2 3 H �4 z 4 F E❑ F h W G �'. .7 [TI W Ci Z T O 3 Q C7 O W a ,qq ,x ❑ ra U H m zz Z+ q ❑ a O U 4' .7 O co 4 X tC H W Q U H a F d .7 Q W vl [G F Q G [Uxl 2 Z o z w U [ri '� f� Oi ❑ d a w a V T [n F W �. N ❑ z cn ❑ in [�k o o In o V T W a a a t o D H Ul U U .w 7 H a .k + T w Q w Q u o u a a W s m d a �Pa , a w faa p x a z 22�CC H c44ti xCC a w z ratt �Y a oE 0 a z > x u m to O O O Q 0 Ot O d' O at m M IO OV .�D O m O N r 0 0 0 N M O p m o r M o lI1 . \D M N o W O o O 01 m VI N w, N r m r tft tl) c-1 1P. M lIt ', N O 11l '[j-: N m r IIl tD V' r .-+ O r r ID m. m U1 r ri Ut kn .-1 O l.7 N to D� N C tD V, M 1n O tll o M 1n z Ot m Ift M r M r-1 N m m 0 N� l0 n M tD T M VD N r r VD lC N A M r1 111 N M 10 N N r 4 A G ❑. ❑ A A g A G A C A A❑ A CJ ❑ A❑ g G G❑❑ G A A G G❑❑ g q 0❑ m m❑ w❑ U] fn m m m VJ m U. co m m m U7 V7 m V1 (n Vl V) m v w U1 m m [n V1 UJ N V) V1 111 U1 fn U) m m !n fn m w w ❑ 5 0 5 a] 5 a❑ o a a a a a a a a z o z] o p a ❑ a u o a 5 a a a u 5 a a o a fA �D W t0 to tD tD Vo W V Q to W 'D W W �O ID 10 ID tD 'D 'D W tD W to �D 'D ID W �D ID ID ID �C �` ID ID tD t0 to l0 'o 0 0 0 0 o 0 0 0 0 o c o 0 o 0 0 o 0 o o 0 o 0 o 0 o c c o 0 0 ;..u: c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 o 0 0 o 0 0 0 o c c 0 0 o o 0 0 0 o 0 0 o 0 F N N N N N '- N N N N N N N N N (V N N fV N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ry N N N N N N iV N N N N N N N fV N N N N N N N N N N N N w M V, Lf1 m r m m O r-1 N M T m 10 r m Q) O r1 N M d' m kD r m O r-1 N M H' 1n tD r m Ot o H N nl ay If, m m m m m m m Ot D\ m 0 Q D O1 a) o 0 0 o 0 0 0 0 0 0 r H N N N N N N N :ka �D ID tD t0 t0 V' lD lD �D t0 1p t0 l0 t0 t0 tD W �D tD �D ID b tD �D ID 1p IO t(i l0 V' tD t0 tD l0 N ID tD t0 V' �p l0 �o l0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N o o o 0 o c c 0 o o n ri O o o O O O O O O O O O C O O O O O O O O O O O O O O G O C O O O O O O p O O O O O O O o c o 0 0 0 0 0 o 0 0 o c o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 r W. 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 o c o 0 o c N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N fJ N N N N a m Q o Fp r a w c Q w. s;ttk w J E �. E a 4% :3 V' M ID r m D\ O N N M cM Ln lD r m c\ O m O .-I N M C N w w w v a a ut m In Lr, Ln m m m m m W iD %c m w tD r r r r r r r r r r m m m m m m m m .Y :{U:: Q}. N N n .i rl N r-1 r1 H N e-i N N e-I N .-i ri .-1 �-1 N rl r-I ri rl N N rJ N rl i-1 N N •i N N N r-1 ri N N .-a ,--1 N 1n Ifl V1 C C U UJ to Ifl In Vf to In L<� to m ul to to ul � N m � � m to V'1 N V/ to 1!1 lit III U't Ifl 1fl lfi Vt Ut N lfl U'1 In lf1 J1 In lfl w C a w a V� C d, v' w v� a� w w c C V' v' v w v� C v� v' v' a' V• C •m C w V' v' C a� v� c T <f C' V' C v C W CA Q U r z N H rvt a m w o c E � r 0 \ v Q1 O a 41. 7 %J O >. N 'O U i0 O M O M z U Agenda Item No. 16,11 January 23. 20017 p o f . _o u a w a x a w a va, w w F+ W❑ o 1- a F w a E D. Z 2 w .. V a Z 3 W H Ki ti W to z O U a£ .7 Q> Q Q Q W .+ U .] w f 2 Q to W 3 U m H U3 O .0.� U w > u a a w z a a w x a ce a u n a a z O z z zcn a❑ b��7 nrda °d6 a��N _ � w'x��2p 6H6Mt�<�f1" 2 w F Q Q Q a Q cn ry O G w Z O a w w cn w H F a F 7 N' H " .. 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''X:: M ax O H N M C lfl ip r m CT C .-1 N M C 0 r X. P O .1 N M Ifl tL r m Q1 O H N M C' �f1 1p r S Ot O H m m � P O� pJ M O O C O O O O O C O r-f N N N N N N N :. m.. N N N N N N N N N N N N N N N N 'S N � N Ift Itl �f1 L!1 :!1 V•� � v? U1 �P �fl �I1 N � � � � u'1 ,fl ,ft lfl Ifl � � ut u1 Ul ul lIl u1 ul � in � �(1 n � � � �. rl O O N N O U v \ Ql 01 O Y4 L a Ln N x v E G 8 U W U w ro N E N m E ca U Agenda Item No. 16J1 January 23, 2007 Page 14 of 16 G: a a w z a) m zd C w W 0 O a b a _ ... .. .. _m. ro ... .� .. [•� � � x rt v O, E v 2 "+ �C m w a �. u m a ❑a b a r>� m a H z >> z a v �4 f, a: Q v m a to w a u. x a a F a o o v m v E v m Q a w f} m m v a w o p, oa4 W w v cn w m o o r% p 12 -0 1 R' .0 11 m: c: Cn W W W £ y4 U U M U U 2 C f]. k i6 a1 ❑ o w a a m z a a o v C z o> v z M G z U U O F i n a n. z m F a a a> o m v F ro z z c n, C >1 C z w; o � Q a Q Q� a C C m m❑ o U ro m- w a >> Q z m n4 w z v v C u Q '21 a -C z - x z O a m a, E E .0 C 7. 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O O O O O O O O O O O O O O O O O C O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H a s Q o m r a z � \ w o Q 0 x b3 l::F D O N P� E x G � M M M M M M M 1� C V' Q' `T V' C� V' d� V• 'V' If1 111 N 111 Lr1 l/I Il1 lfl Ill 111 h r a) x x U C C U N ::: W C V� a C a' c c c� T a tC a+ c d• a a v sr a' a a •a C d• d' a• d• v� d• b IM Q U L1 r r r h r r r r r r� r r n r r r r r r r r r r r r r Agenda Item No. 16J1 January 23, 2007 Page 14 of 16 Agenda Item No. 16J1 January 23, 2007 - Page 15 of 16 \ r 0 0 N ry .. O S-1 v O a a w a W W ! m cn m LO m y to v, w cn rn w .7 Q x W w w w w w w w w w w w w w a w a a z co a a a a a a a .4 a a a a a w a w w w a a a a CL s a ad a a2 at Q qa ZZQ pn pp xxp pp, C d d [C K c K m a 0 0 0 0 0 0 C• C C 0 0 0 z O c H u F F u U U U U U U U J U m> aY W -. 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O Sr N \ d tr O a LL S-1 N L) O� OJ La x u U N C a w O .y ro 0 H Agenda Item No. 16.11 January 23; 2007 Page 16 of 16 Agenda Item No. 16J2 January 23, 2007 Page 1 of 13 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF DECEMBER 30, 2006 THROUGH JANUARY 05, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of December 30, 2006 through January 05, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of December 30, 2006 through January 05, 2007 and submit these documents into the official records. Prepared By: Date: 0 + t 0 a Melvin Assi t General Operations Manager Reviewed By Date: IIA014 Constance C. Murray, CGFO General Operations Manager Agenda Item No. 16,12 January 23, 2007 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16J2 Item Summary: To obtain board approval for disbursements for the period of December 30, 2006 through January 05, 2007 and for submission into the official records of the board. Meeting Date: 1/23/2007 5 00.00 AM Approved By Lisa Melvin Assistant General Operations Manager Date Clerk of Courts Finance 111012007 5:07 PM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 1!1012007 5:09 PM Approved By Michael Smykowski Management 8 Budget Director Date County Managers Office Office of Management & Budget 1/10/2007 7:03 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/10/2007 7:47 PM Commissioners 01/09/2007 AP Line Item Report for Payroll Operations AP Line Item Report for Payroll Operations Mgr. da Item No. 16J2 2 January 23, 2007 Page 3 of 13 Si Arco irati r a a cs; ven �z x g rant as oUnt Cl a y C3 rn� dac 100031 ABE SKINNER PROPERTY APPRAISER 1,441,394.47 01/02/2007 2000126332 100328 BANK OF NEW YORK CORPORATE TRUST 929,703.13 01/02/2007 2000126333 104117 FLORIDA ASSOCIATION OF COUNTIES 67,445.60 01/02/2007 2000126334 110345 US BANK TRUST, N.A. 4,799,385.63 01/02/2007 2000126335 110708 WACHOVIA BANK 62,801.11 01/02/2007 2000126336 100589 CLERK OF COURTS 25,250.00 01/02/2007 2000126337 100627 COLLIER COUNTY PUBLIC SCHOOLS 21,006.93 01/02/2007 2000126338 100628 COLLIER COUNTY SHERIFFS OFFICE 24,976,334.00 01/02/2007 2000126339 100897 DWIGHT E BROCK CLERK OF COURTS 353,872.61 01/02/2007 2000126340 101678 JOHNSON CONTROLS INC 4,178.00 01/02/2007 2000126341 103231 WASTE MANAGEMENT INC 29,843.86 01/02/2007 2000126342 104136 WASTE MANAGEMENT 3,080.86 01/02/2007 2000126343 104834 JENNIFER EDWARDS, 193,827.27 01/02/2007 2000126345 113688 THE DISTRICT SCHOOL BOARD OF 1,300,000.00 01/02/2007 2000126346 1010 INTERNAL REVENUE SERVICE 6,815.05 01/02/2007 2000126348 100378 BETTER ROADS INC 1,519,302.02 01/03/2007 2000126349 100541 CH2M HILL 117,532.05 01/03/2007 2000126350 100861 DON HUNTER SHERIFF 0.00 2000126351 103795 CDWG 114.00 _01/03_/2007 01/03/2007 2000126352 106703 WILSON MILLER INC 4,129.40 01/03/2007 2000126353 108057 SPILLIS CANDELA 103,922.00 01/03/2007 2000126354 100589 CLERK OF COURTS 51,766.00 01/05/2007 2000126737 101680 JOHNSON ENGINEERING INC 44,608.81 01/04/2007 2000126708 103490 JOHNSON ENGINEERING INC. 90.75 01/04/2007 2000126709 107914 CAMP DRESSER & MCKEE 277,042.50 01/04/2007 2000126710 107914 CAMP DRESSER & MCKEE 2,400.00 01/04/2007 2000126711 100222 APAC INC SOUTHERN FLORIDA 625.20 01/04/2007 2000126714 101678 JOHNSON CONTROLS INC 2,680.38 01/04/2007 2000126715 103795 CDWG 3,224.46 01/04/2007 2000126716 110401 CORE SERVICES LLC 21,960.00 01/04/2007 2000126717 1040 FLORIDA RETIREMENT SYSTEM 1,279,596.64 01/05/2007 2000126719 100094 AIM ENGINEERING - SURVEYING 48,418.25 01/05/2007 2000126720 100580 CITY OF NAPLES FINANCE DEPARTMENT 10,631.23 01/05/2007 2000126721 100805 DELL MARKETING LP 203.27 01/05/2007 2000126722 100973 ENERGY RESOURCES INC 169,380.00 01/05 /2007 2000126723 103291 WILLIS OF WISCONSIN INC 12,772.50 01/05/2007 2000126724 103795 CDWG 4,857.00 101/05/2007 2000126725 106748 CH2M HILL, INC. 8,451.00 01/05/2007 2000126726 103490 JOHNSON ENGINEERING INC. 2,943.23 01/05/2007 2000126727; 103959 MCDONALD TRANSIT ASSOCIATES INC 85,144.05 01/05/2007 2000126728 J J J J J J J J J a a J J J J J J a s J J a J J J J J a J J J J a J J a J J a a J a a ds Ja Ja J>• 4 A art;" f�' (, 0E /pi ' ,{a 1A .P �P �P .P �P .P .P .A .P 11 ll� 0 0 I11 lf� N LT 111 N x In V1 ll1 V1 V1 ll� V1 U'� U1 V1 VI lT V1 0 In V1 IJ� m 0 m LP tr 0 V1 V1 w N VI V� m VI V1 V1 V1 :7' :�� (D_ C�4KY n +�•, OR W W W W W W W W W W w W W W W W W W w W W W W N N N N N N N N N N N N N N N N N N N N N N N N r r r 0 0 0 0 0 0 0 0 kD W w 1D w 1D %D 0 W \O m m m m m m m m m m N r 0 w m J 01 Ln A W N r 0 w m J V1 01� W N r 0 ID m J 0 V1 d. 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H H H H Z Z xx 4 0 0 0 0 0 0 0 0 9' 7 b H H H r -3 H r r Y >> Y Y ro ro ro ro ro ro ro ro ro 53 L, r r ro r r r r r r r r r r r 7po �xr vi (n (n w o tmn m m m cn x� . Lo Y C U m r n r C C C C r r ctny U�z)7 m r Cl) tmo [wtx� 'n 'I 7 '"L] n7 K7 r r r r r n >. v: n z m o a o ro b n Q, N 0 � � 0 h A. Q r R o � o n u'4 F5 LO CD m ry m r C r z n n x ry ro w Y N m ry Agenda Item No. 16J3 January 23, 2007 Page 1 of 5 _E/_ Recommendation that the Board of County Commissioners approve the attached Resolution which supports the Collier County Sheriff's Office efforts to research and implement a work - release program as authorized and defined in § 951.24, Florida Statutes. OBJECTIVE: That the Board of County Commissioners approve the attached Resolution which supports the Collier County Sheriff's Office efforts to research and implement a work - release program as authorized and defined in § 951.24, Fla. Stat., 2006. CONSIDERATIONS: The Collier County Public Safety Coordinating Council ( "PSCC "} formed a sub - committee to explore the feasibility of a work - release program in Collier County. The sub - committee researched the issue and reported to the PSCC on December 8, 2006, recommending that the BCC support the Collier County Sheriff's Office in this endeavor. The work - release program will be implemented and run by the CCSO. The PSCC accepted this recommendation and agreed to bring this item forward for BCC consideration and approval. The purpose of this work - release program is to hold eligible offenders responsible to maintain employment and thus support their families, pay for their own incarceration, make restitution to victims, and to pay court ordered fines and fees. The work - release program statute requires a motion by the BCC and the concurrence of the sheriff to go forward with the project. Attached is a letter from Sheriff Don Hunter who joins with the PSCC recommendation for the establishment of a work - release program in Collier County. Once approved by the BCC, the Sheriff's Office will be able to conduct further research and create clear structures and guidelines to establish the work - release program. The Sheriff's Office will work in conjunction with the PSCC in establishing guidelines for this program. FISCAL AWACT: The Sheriff's Office goal is for this program to be self - sustaining as offenders will pay for their own "room and board." GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMNMNDATION: That the Board of County Commissioners approve the attached Resolution in support of a work - release program in Collier County to be implemented and operated by the Collier County Sheriff's Office. Attached: Sheriff Don Hunter's letter dated December 15, 2006 Prepared by: Michael J. Sheffield, Assistant to the County Manager Colleen M. Greene, Assistant County Attorney Agenda Item No. 16J3 January 23, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16,13 Item Summary: Recommendation that the Board of County Commissioners approve the attached Resolution which supports the Collier County Sheriff's Office efforts to research and implement a work - release program as authorized and defined in 951 24, Florida Statutes. Meeting Date: 1123,12007 9.00,00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1412007 7:07 PM Agenda Item No. 16J3 January 23, 2007 Page 3 of 5 RESOLUTION NO. A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS WHICH SUPPORTS THE COLLIER COUNTY SHERIFF'S OFFICE EFFORTS TO RESEARCH AND IMPLEMENT A WORK RELEASE PROGRAM AS AUTHORIZED BY § 951.24, FLORIDA STATUTES. WHEREAS, the Public Safety Coordinating Council of Collier County, pursuant to Section 951.26 Florida Statutes, may make recommendations to the Board of County Commissioners which shall include an assessment of the availability of work - release programs; and WHEREAS, the Public Safety Coordinating Council of Collier County has made a determination that a work - release program should be researched and implemented by the Collier County Sheriffs Office in conjunction with the Public Safety Coordinating Council; and WHEREAS, the work - release statute, section 951.24, Florida Statutes, requires a motion by the Board of County Commissioners and the concurrence of the sheriff to go forward with the project; and WHEREAS, Sheriff Don Hunter has expressed his concurrence and support for this work - release program in his letter dated December 15, 2006, and attached hereto; WHEREAS, once approved by the Board of County Commissioners, the Sheriffs Office will be able to conduct further research and create clear structures and guidelines to establish the work - release program. The Sheriffs Office will work in conjunction with the Public Safety Coordinating Council in establishing guidelines for this program. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA supports the work - release program to be researched and implemented by the Collier County Sheriffs Office in compliance with section 95124, Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN Wurriff M(iI L _ SHERIFF DON HUNTER -COLLIER COUNTY 3301 Tamiami Trait East, Bldg - J, Naples, FL 34112 -4902 (239) 774 -4434 www.coltiomheriff.org December 15,20W Hon. Frank Halas, Chair Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Commissioner FWas: Agenda Item No. 16J3 January 23, 2007 Page 4 of 5 I join with the tenon of the Public Safety Coordinating Council for the establishment of a Wool: Release Program in Collier County. Such a program, operated as part of the Collier County Sheriffs Office Jail Division should include clear structure, guidelines, rules and regulations for both the agencies involved as well as the program participants. Keeping public safety on the forefront, it is my assertion that stringent conditions be adopted and that imnst es in the following categories would not be eligible for the work release program: • Sexual Battery / offense (previous or current conviction) • Offenses that ate violent in nature • Trafficking, Sale, Matnrfacttuitug, or delivery of controlled olled substance • Extensive criminal record of convictions • Arrest warrant, hold or detainer from other juutisdicuons • Previous failure to appear • Non - resident of Collier County • Escape risk or pmviws escape item woody • Other significant facts which when considered may pose a risk to the community Further, each reoo dud paticipaot, should have a final evaluation before acceptance into such a progimn is granted. Factors that should be considered are: • length of residence in the community • family ties within the con -ar=ty • employmerit history • character and mental condition • history of appearance at court proceedings "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons" Agenda Item No. 16,13 January 23, 2007 Page 5 of 5 In closing, I am in agreement and concrurenoe with the brought forth by the Public Safety Coordinating Council. The Collier County Sheriffs Office looks forward to participating in a Work Release Program and will conb = to work with the Public Safety Com*nating Council to adopt accepUdAe criteria for such. Pieria notify my office if I can provide f uflw if'osmation or assistance. cc: Commissioner run Colette. Commissioner Fred Coyle Commissioner Donna Fiala Commissioner Tom Henning Agenda Item No. 16K1 January 23, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve settlement in the lawsuit entitled Kellie Gundeck v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06- 490 -CA, for $55,000.00. OBJECTIVE: Board of County Commissioners' approval of the settlement prior to mediation and trial, whereupon the County would pay $55,000.00 and the lawsuit and all claims against the County would be dismissed with prejudice. CONSIDERATIONS: On June 8, 2004, Plaintiff Gundeck was driving her car on Airport Road southbound attempting to make a right -hand turn into her employer's parking lot near the intersection of Davis Boulevard. At that time, a Collier County Utilities truck rear -ended the Gundeck vehicle. At the time of the impact, the Collier County driver was attempting to pull into the right -turn lane and momentarily took his eyes off the road in front of him and struck the Gundeck vehicle. As a result of the accident, Gundeck sustained a cervical injury, a lumbar injury and an aggravation of an old lumbar injury. She incurred $25,335.00 in medical treatment from various physicians including epidural injections. Her future medical bills are estimated to be approximately $1,500.00 per year for additional epidural injections for the foreseeable future. She also incurred approximately $19,900.00 in lost wages. Based upon the happening of the accident and review of the Plaintiff's medical reports, bills and future medical costs, the $55,000.00 settlement is reasonable. If this matter went to trial, the trial costs for an expert neurologist, orthopedic surgeon and physiatrist would range somewhere between $9,000.00 to $20,000.00. r--^ FISCAL IMPACT: The settlement offer recommended by staff amounts to $55,000.00. Funds are budgeted and available in the Risk Management Property & Casualty Fund No. 516121650. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: The County rear -ended a vehicle making a lawful turn into a parking lot and therefore the only issues are fair and reasonable compensation for Plaintiff's pain and suffering, past and future medical bills and lost wages. Both the County Attorney and the Risk Management Director opine that settlement in the sum of $55,000.00 for Plaintiff's claims is reasonable and cost effective under all the circumstances. RECOMMENDATION: That the Board of County Commissioners approve the settlement proposal of $55,000.00 for the Plaintiff. PREPARED BY: William E. Mountford, Assistant County Attorney h /public/bcc agenda/012307 /gundeck exec summem Agenda Item No, 16K1 January 23, 2007 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation to approve settlement in the lawsuit entitled Gundeck v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No 06- 490 -CA, for $55.000.00. Meeting Date: 1/23/2007 9.00:00 AM Prepared By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 1/9/2007 2:06:33 PM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 119/2007 2:25 PM Approved By Jeffrey A. Walker, CPCU, Risk Management Director Date ARM Administrative Services Risk Management 1/9/2007 2:49 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/1012007 9:58 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/10/2007 10:20 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1110/2007 7:05 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1711/2007 6:41 PM Commissioners Agenda Item No. 16KJ January 23, 2007 Page 3 of 7 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this 9th day of January, 2007 by and between Kellie Gundeck, (hereinafter referred to as "Plaintiff ") and Board of County Commissioners For Collier County (hereinafter referred to as the "County ") WITNESSETH: WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled Kellie Gundeck v Collier County, Case No. 06- 490 -CA (hereinafter referred to as the "Lawsuit "); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiffs and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 1 Agenda item No. 16K1 January 23, 2007 Page 4 of 7 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Fifty -Five Thousand Dollars ($55,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of herself, as well as on behalf of her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. ON Agenda Item No. 16K1 January 23, 2007 Page 5 of 7 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have 3 Agenda Item No. 16K1 January 23, 2007 Page 6 of 7 been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 13 4 Date: JIM COLETTA, Chairman KELLIE GUNDECK, Plaintiff Agenda Item No. 16K1 January 23, 2007 Page 7 of 7 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Kellie Gundeck, before me, this day of '2007. Personally Known Signature of Notary Public or Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: William E, Mountford Assistant County Attorney 5 Type of Identification Produced Agenda Item No. 16K2 January 23, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to accept Respondent's Offer of Judgment in the amount of $19,000.00 for Parcel 149 and approve the Stipulated Final Judgment in the lawsuit styled Collier County v Ziad Shahla, et al., Case No. 04- 600 -CA (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact $6,078.00). OBJECTIVE: That the Board of County Commissioners accept an Offer of Judgment served by Respondent, Patricia A. Carter, in the amount of $19,000.00 and approve the Stipulated Final Judgment settling all claims for compensation, fees and costs, relating to the taking of Parcel 149 in the lawsuit styled Collier County v. Ziad Shahla, et al., Case No. 04-600 - CA (Vanderbilt Beach Road Project No. 63051). CONSIDERATIONS: County acquired Parcel 149 on July 16, 2004 by depositing the sum of $16,500.00. On February 8, 2005, staff recommended, and this Board approved, the County's making of an Offer of Judgment in the amount of $18,150.00 which offer was served on Respondent by the County on February 9, 2005. Offer expired without acceptance. On December 13, 2006, Respondent, Patricia A. Carter, served her Offer of Judgment to the Petitioner in the amount of $19,000.00, to settle all claims with the County, exclusive of the attorney's fees, expert's fees and costs. Parties have negotiated appraisal's fees in the amount of $1,400.00. A copy of the Stipulated Final Judgment as to Parcel 149 is attached hereto. If approved by this Board, the County will enter into a Stipulated Final Judgment, disposing of the compensation claim, fees and costs for the total sum of 522,578.00. The cost to the County breaks down as follows: • Additional compensation • Attorney's fees • Expert's fees TOTAL $2,500.00 $2,178.00 $1,400.00 $6,078.00 *Attorney's fees are mandated by §73.092, F. S., and are based on 33% of the difference between the settlement amount and the initial offer, i.e., 0.33 X ($19,000 — $12,400). FISCAL IMPACT: Funds in the amount of $6,078.00 are available in the FY 2007 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Accept Respondent's Offer of Judgment in the amount of $19,000.00 for Parcel 149; 2. Approve entry of the attached Stipulated Final Judgment; and 3. Approved the expenditure of funds as stated in the Stipulated Final Judgment. ''"' PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No, 16K2 January 23, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Respondents Offer of Judgment in the amount of $19.000.00 for Item Summary: Recommendation to accept Parcel 149 and approve the Stipulated Final Judgment in the lawsuit styled Collier County v. Ziad Shahla, at al., Case No. 04 -600 -CA (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact $6,078.00). Meeting Date: 1/23/2007 9.00.00 AM Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11412007 10:23:53 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 1/412007 5:34 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 11812007 11:25 AM Approved By Najeh Ahmad Director Date Transportation Engineering & 1/812007 1:00 PM Transportation Services Construction Management Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation. Services Admin. 1/912007 1:26 PM Approved By Lisa Taylor Management/Budget Analyst Date ......... Transportation Services Transportation Administration 1(9/2007 3:44 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1!912007 4:39 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 111012007 3:02 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1/1012007 3:19 PM Approved By Susan usher Senior ManagementJBudget Analyst Date County Manager's Office Office of Management & Budget 111612007 10:21 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/1612007 5:18 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 10612007 6:24 PM Commissioners Agenda Item No. 16K2 January 23, 2007 Page 3 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. ZIAD SHAHLA, et al., Respondents. Case No.: 04- 600 -CA Parcel: 149 STIPULATED FINAL JUDGMENT AS TO PARCEL 149 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, PATRICIA A. CAR'T'ER, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 149, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, PATRICIA A. CARTER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, PATRICIA A. CARTER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nineteen Thousand and No /100 Dollars ($19,000.00), which includes the good faith estimate of value of $16,500.00 deposited by Petitioner for Parcel 149, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, statutory interest, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K2 January 23, 2007 Page 4 of 6 ORDERED that Respondent, PATRICIA A. CARTER, receive from Petitioner as a reasonable attorney's fees the sum of Two Thousand One Hundred Seventy -Eight and No /100 Dollars ($2,178.00); it is further ORDERED that Respondent, PATRICIA A. CARTER, receive from Petitioner as appraisal expert fees and costs the sum of One Thousand Four Hundred and No /100 Dollars ($1,400.00); it is further ORDERED that, except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel 149; it is further ORDERED that Petitioner shall pay within thirty (30) days from date hereof the total amount of Six Thousand Seventy -Eight and No /100 Dollars ($6,078.00), made payable to Roetzel and Andress Trust Account, c/o Kenneth A. Jones, Esquire, 2320 First Street, Suite 1000, Naples, Florida 33901, consisting of $2,500.00 for the benefit of Respondent, PATRICIA A. CARTER, $2,178.00 for attorney's fees, and $1,400.00 for appraisal expert fees and costs; it is further ORDERED that title to Parcel 149, in fee simple interest, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 29, 2004, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3497, Page 936 of the Public Records of Collier County, Florida be dismissed as to Parcel 149; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; and it is further Agenda Item No. 16K2 .January 23, 2007 Page 5 of 6 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of January, 2007. Cynthia A. Ellis Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Esq. Kenneth A. Jones, Esq. Kevin Hendricks, Acquisition Mgr./Transp. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 149. Dated: KENNETH A. JONES Florida Bar No. 0200158 Roetzel and Andress 2320 First Street, Suite 1000 Fort Myers, FL 33901 -2904 (941) 337 -3850 - Phone (941) 337 -0970 - Facsimile Attorney for Respondent PATRICIA A. CARTER Dated: ELLEN T. CHADWEL io Florida Bar No. 0983860 Assistant County Attorney 3301 East Tamiami Trail, 8a` Floor Naples, Florida 34112 (239) 774 -8400 - Phone (239) 774 -0225 - Facsimile Attorney for Petitioner ) (HiBIT F--EE SIMPLE 4 Agenda Item No. 16K2 INTEREST r R January 23, 2007 Page 6 of 6 VANDERBILT BEACH ROAD DESCRIPTION, The Northoriy 40.00 feet of the East 180 feet of Tract 6'1, Golden Gate rstat.es,.Unit (]5, as recorder) in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. Containing 7200.37 square feet or 0.16 acres more or less. :VIS£D PARCEL 04/24/03 EDT tfa, 8;3051 .il�Anrtl Ile : W119011 miller oymi • adwa • ftiOgo - ojvag7 • 4aO-j- kddoeh • N wWlft Ow"-h HixxY.GOa In Odytar, 8L kit • 1!{1K ArtA SLLBq •!1w 01.104)0 • f'u /Q 8p 90 • M1il+ W nr.,4nrArma C9, P.1103 - 00:88,40 ' 0 40' 80' 120' SCAt -r- 1 " —BO' Notes; 1. This Is not a survey.: 2. Basis of tearing Is the South line of Vanderbilt Beach Road. being S 89'54'03° E, Florida Stale Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. h. Easements shown herean ore per plot, unless otherwise noted. 5. ROW represents Right of Way. 6, Portion of Section 4, Townsiilp 19 South, Range 26 East, JAL BOUTWELL, P,S.M. (FOR T)AE' Flt ! NO. 3034 (DATE• SIGNCO) ID MTHOUT 'ME SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORID UCENSFO SURVEYOR AND MAPPER CER1111CATE OF AUTHORIZA11ON LS #43 COLLt1 =R C(DUN1Y DEPARTMENT- of= THANSPOFMATION SKETCH AN0 DESCM"ON `� Imoxl:r tin: `-- --- I- �;`n�..,--.– .-- -- --- ^- 1n /zCaoz I�•._... Agenda Item No. 16K3 January 23, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve an Agreed Order for Payment of Engineering Fees in the amount of $1,600.00 in Connection with Parcel 145 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et aL, Case No. 04- 3452-CA (Immokalee Road Project No. 66042). Fiscal Impact: $1,600.00. OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment of Engineering Fees in the amount of $1,600.00 in Connection with Parcel 145 in the lawsuit styled Collier County v. Regent Park Cluster Homes Association, et al., Case No. 04- 3452 -CA (Immokalee Road Project No. 66042). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on December 9, 2004 and by depositing funds into the registry of the Court on December 23, 2004. The County and Respondent have settled by Stipulated Final Judgment which was approved by the Board on January 9, 2007. The County is required to pay reasonable expert fees incurred by Respondent in the defense of this matter. • Engineering Fees: $1,600.00 11— TOTAL $1,600.00 Attached is the proposed Agreed Order providing for the above stated funds. FISCAL IMPACT: Funds in the amount of $1,600.00 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to Parcel 145; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K3 January 23, 2007 Page 2 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04- 3452 -CA Petitioner, Parcel No.: 145 Vs. REGENT PARK CLUSTER HOMES, ASSOCIATION, INC., et al., Respondents. AGREED ORDER FOR PAYMENT OF ENGINEERING FEES THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, ST. CROIX APARTMENTS AT PELICAN MARSH, LTD. fka CARIBBEAN APARTMENTS AT PELICAN MARSH, LTD. (hereafter "Respondent "), by and through its undersigned counsel, for entry of an Agreed Order, and the Court being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that 1. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Six Hundred Dollars and No /100 ($1,600.00) for engineering fees incurred in connection with Parcel 145. 2. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sure of One Thousand Six Hundred Dollars and No /100 ($1,600,00) to the FOERSTER ISAAC & YERKES TRUST ACCOUNT, c/o Fred C. Isaac, Esquire, Foerster, Isaac & Yerkes, P.A., 2468 Atlantic Boulevard, Jacksonville, Florida 32207 for proper disbursement. 3. No other costs are awarded in this matter except for additional attorney's fees, if any, as set forth in the Stipulated Final Judgment entered herein. DONE AND ORDERED this — day of County, Florida. Conformed copies to: Heidi F. Ashton, Esquire Michael A. Durant, Esquire Fred C. Isaac, Esquire Thomas C. Palmer, Asst. County Attorney LaSalle Bank National Association as Trustee The Foundation of Pelican Marsh, Inc. Aston Care Systems, Inc. AmSouth Bank Collier County Tax Collector FPL Kevin Hendricks, Acquisition MgrlTransp. Bookkeeping JOINT MOTION Agenda Item No. 16K3 January 23, 2007 Page 3 of 4 2007 in Naples, Collier CIRCUIT COURT JUDGE The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcel 145. Dated: FRED C. ISAAC, ESQUIRE Florida Bar No.: 119132 FOERSTER ISAAC & YERKES, P.A. 2468 Atlantic Boulevard Jacksonville, FL 32207 (904) 346 -3160 –Telephone AND MICHAEL A. DURANT, ESQUIRE Florida Bar No.: 468045 CONROY COLEMAN & HAZZARD, P.A. 2640 Golden Gate Parkway, Suite 115 Naples, FL 34105 (239) 649 -5200 - Telephone ATTORNEYS FOR RESPONDENT 2 Dated: HEIDI F. ASHTON, ESQ Florida Bar No.: 966770 COLLIER COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K3 January 23, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161 Approve Agreed Order for Payment of Engineering Fees in the Item Summary: Recommendation to an amount of 51.600.00 in Connection with Parcel 145 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, at al.. Case No. 04- 3452 -CA (Immokalee Road Project No 66042). Fiscal Impact: $1,600.00. Meeting Date: 1123/2007 9:00:00 .AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 114/2007 2:45:10 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1/8/2007 11:26 AM Approved By Najeh Ahmed Director Date Transportation Engineering & Transportation Services Construction Management 1 18!2007 1:00 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/9/2007 1:33 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/912007 1:35 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 119/2007 3:45 PM Approved By David C, Weigel County Attorney Date County Attorney County Attorney Office 111012007 3:03 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1!1012007 3:19 PM Approved By Susan Usher Senior Mari agement /Budget Analyst Date County Manager's Office Office of Management & Budget 111212007 5:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/1512007 12:07 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111612007 1:25 PM Commissioners Agenda Item No. 17A January 23, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT- 2006 -AR -9775, Hanson to disclaim, renounce and vacate the County's and the Public's interest in the south 30 feet of the south half of the southwest quarter of the northwest quarter of the northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate a right -of -way easement as recorded in O.R. Book 348, Page 563, Public Records Collier County, Florida. CONSIDERATIONS: Petition AVESMT- 2006 -AR -9775 Hanson, has been received by the Engineering Services Department from Mark A. Ebelini, Knott Consoer Ebelinei Hart & Swett, P.A., as agent for the petitioner, William H. & Lesa L. Hanson. The subject area was intended for access to parcels which no longer require this means of access. Letters of no objection have been received from applicable entities. FISCAL IMPACT: Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. Agenda Item No. 17A January 23, 2007 Page 2 of 7 RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVESMT- 2006 -AR -9775, Hanson to disclaim, renounce and vacate the County's and the Public's interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. 2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Tonia Leavitt, Engineering Services Approved By Agenda Item No. 17A January 23, 2007 CDES Engineering Services Director Page 3 of 7 Community Development 8 COLLIER COUNTY 11612007 3:55 PM BOARD OF COUNTY COMMISSIONERS Item Number: 17A Item Summary: This item was continued from the December 12, 2006 BCC and January 9, 2007 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be Transportation Division Administrator provided by Commission members. Recommendation to approve Petition AVESMT -2006- Transportation Services AR -9775, Hanson to disclaim, renounce and vacate the Countys and the Publics interest in 11912007 2:37 PM the south 30 feet of the South half of the Southwest quarter o` the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. Meeting Date: 1/23/2007 9:OO:00 AM Prepared By Community Development & Stephen Higgins Surveyor Date Community Development 8 CDES Engineering Services 1011912006 9:09:11 AM Environmental Services Approved By Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development 8 CDES Engineering Services 11612007 3:55 PM Environmental Services Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11912007 2:37 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 111012007 9:22 AM Environmental Services Environmental Services Admin. Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 111012007 10:19 AM Environmental Services Environmental Services Admin. Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 111012007 1:06 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1:1012007 5:19 PM Approved By OMB Coordinator Applications Analyst hate Administrative Services Information Technology 1111!2007 7:47 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 111V2007 2:27 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1(12(2007 11:22 AM Commissioners XROTT COMER EBELINI Fax:2393342801 Oct 9 2006 14:26 Ager dp�ltem No, 17A FIELDBOOK See PAGE File DA7E10-6-06 u SECTION 24 'TWP uat Iua1 y 40, "-Uu t S, ftG 25 F MOM ARROW FOUOAN iO"J7fN PAGE L LEGAL- t7E9GRiPTt0M � 4yr=orC.rrM6nss��a.sra • �'11rORRV/rR'wy ,a,tpf ( AS PROVIDED BY Ci1ENT) This is not a boundary,survey, this )c a sketch of a roadway easement c mr to be vacated which is descrtbed es follows: The South 30 feet of the EXCEPT AS SHOWN. South 1/2 Of the Scutt west 114 Of the Northwest 114 of the Northeast GONT REVfRSE,SIDE s cE 114 of 5action:24, Township 48 South, Range 25 East, "CoBler County, Dy►xle Florida, less and except the Easterly 30 feet for rig ht-of-way thereof. N A 4. - BEARINGS SHOWN HEREON ARE RASED ON Not Field Surveyed. S. THIS PROPERTY LIES IN ROOD ZONE X EL NIA PER F,LR.N. PANELAT 12021r-0195G DATED�1 -iT NO'D2'OTE E FI LD B. LAST DATE OF FIELDWORK T. ALt. OM1EN910NS ARE IN FEET AND OECthAALS THEREOF, F _ La am MARK O. ALLEN, lu z FAX: (239) 9924070 10602WOODS CIRCLE TELE: (239) 992 -SBOD PROFESSIONAL (AND SURVEYOR BONITASPRING$. FL 34135 Ow". BY CHYG;3 6Y r , SHEET 1 Or SMA Knott, Consoer, Ebeilni, Hart & Swett, P.A - is w m; MOTES CERTIFICATE I . REPRODUCTION OF THIS SKETCH IS NOT VALID UNLESS SEALED I trreby Wfty that NWAhove tlawassd propsrly w W ysd WITH AN EMBOSSED'SORVEYOR'S SEAL. MY tll .11IM —d tlr skNrJ+ d wuq l- erw: and C—d 2. NO MV5TR11MENTS OF REGORDAEF=116, EASEMENTS, RIGHTS- ��b "-f .1 AYr.. Tnk-Wy mr�nr wm"" OF- WAY, AND OR OWNERSHIP 1lVERE FLR"SHED THIS SURVEYOR r* Milk Ieu+ ON bm by mrFlad.sord EXCEPT AS SHOWN. - of 1G&n 3. UNDERGROUND CCda ,ws*my uenm .4 �- BE EPTASAT10NSORCMPROV6A1ENT5HAVE BEEN LOCATED EXCEPT T50, E syralw.TINasetro ,able- nocammumelnrnwngo" N A 4. - BEARINGS SHOWN HEREON ARE RASED ON ahm" Ira=n. S. THIS PROPERTY LIES IN ROOD ZONE X EL NIA PER F,LR.N. PANELAT 12021r-0195G DATED�1 -iT E FI LD B. LAST DATE OF FIELDWORK T. ALt. OM1EN910NS ARE IN FEET AND OECthAALS THEREOF, F _ La am MARK O. ALLEN, INC. FAX: (239) 9924070 10602WOODS CIRCLE TELE: (239) 992 -SBOD PROFESSIONAL (AND SURVEYOR BONITASPRING$. FL 34135 Ow". BY CHYG;3 6Y ORDERED BY SHEET 1 Or SMA Knott, Consoer, Ebeilni, Hart & Swett, P.A DWG- NO, 2006376 < ti �o A i% CS.7 Q JmH �JN � vi g Yau�i cZaln s yap + iL $iG o If m orcn 1 rrxerr 4< °� S` _ cp N (N 9 7 .00,20 x05 IN 9 J1.96'6c'B 3.00,zD.ODN N a `„� �= v� a O `� 133j Of W ° Ls pomp 3.00.ZD.DON o°� f Q T 6l .t_, w_W a °� zD ri �' ♦ N u rd i=t1c.c erras+ ec°rp I+.NZ M X. U ��v1 n m a�a'bal�u`e Lq J. E, Jc� O W p N Vr �i^gdO w O Z _ Z C= lalO 2%V °Qlja OSLO at it CU En En LL qc e9vo V M O 'W �-U 1.. °o C- C �. M �Q�Z m°..-Waud all Mz7i..�r Wi =!aSos LU e�� m w� w e -N U 9.o- Ln Q LL �. Q�accl NQ... -�w ovc LLj Lu.Q CC) ° e °„y w 60 ° wC ll. 2. ��. �..� Y +ors' ado ti w ;off -_- v)taE'z= 'moo Lo co 219 Cly ~Q� r .,041 S Z-- ° .... 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W 6eb7) ONOtl,ypiyl�l,lOaNlr „ W Q it .w i uu (Wt Nm tb„ Wia PV�tl 3l13�Ow itl _¢ o �I a as 3 PE gd CL Q uj V) !, E1 O clQ U ZI �Y Bg iQ J m� Agenda Item No. 17A January 23, 2007 Page 7 of 7 RESOLUTION NO. 07- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT- 2006 -AR -9775 HANSON, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE RIGHT - OF -WAY AND DRAINAGE EASEMENT LOCATED IN THE SOUTH 30 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWHSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes, Petitioners, William H. & Lesa L. Hanson, have requested the vacation of the County's interest in the right -of -way and drainage easement located in the south 30 feet of the south half of the southwest quarter of the northwest quarter of the northeast quarter of Section 24, Township 48 south, Range 25 east, Collier County, Florida, and WHEREAS, the Board has this day held a public hearing to consider Petitioners' request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the right -of -way and drainage easement specifically described and depicted in Exhibits 'A' and 'B' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida; to publish notice of adoption of this Resolution within thirty (30) days of adoption; and to record such proofs of publication as required by Section 336.10, Florida Statutes. This Resolution adopted after motion, second and majority vote favoring same, this day of 2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal suffi i cy: • Je( E. PVrlhht Asst t nt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JIM COLETTA CHAIRMAN Agenda Item No. 17B January 23, 2007 Page 1 of 56 EXECUTIVE SUMMARY SV- 2006 -AR -9400, David Torres, of Toll- Rattlesnake, LLC, representing Swamp Buggy Races/Florida Sports Park, represented by Robert J. Mulhere, of RWA, Inc. requesting multiple after - the -fact off - premise pole sign variances: a 56.9 square foot variance from the maximum allowable size of twelve square feet for an existing off - premise pole sign to remain at 66.9 square feet; a 7.8 foot variance from the eight -foot maximum height limit to allow the existing off - premise pole sign to remain 15.8 feet from the existing grade; and a 1,645 -foot variance from the maximum 1,000 -foot distance limit for the existing off - premise pole sign to remain 2,654 feet from the property line for the Swamp Buggy Races/Florida Sports Park activity located at the southeast corner of Collier Boulevard and Rattlesnake- Hammock Road, in Section 14, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals consider the multiple after - the -fact sign variances as noted above, which are requested for the Swamp Buggy Races / Florida Sports Park, and to make sure that the project is in harmony with all applicable codes and regulations in order to ensure that the community interests are maintained. CONSIDERATIONS: The request is for an after - the -fact variance from the provisions of Section 5.06.04.c.15 of the Land Development Code (LDC) to allow the existing off - premise pole sign located on the south side of Sports Park Road and the east side of Collier Boulevard (C.R. 951) (See Exhibit A) to remain in place for up to 3 years, until the permanent relocation of the Swamp Buggy /Florida Sports Park activity is completed. The petitioner has informally requested permission from Big Cypress Basin to allow the sign to remain in place subject to the 3 year continuation (See Email 1 - Exhibit B). They have also contacted Collier County Transportation Services Division. Collier County Transportation Services indicated that ROW permits would be required; provided that the Board of Zoning Appeals approves the variance requested (See Email 1 - Exhibit B). In addition, the applicant offers the following conditions of approval for consideration: 1. The applicant shall submit an after- the -fact sign pen-nit application to the County within 60 days of approval and a Site Development Plan (SDP). Any necessary electrical enhancements related to the sign lighting shall be addressed as part of that permit process. 2. The sign must be removed within 3 years of the date of approval of the sign variance, or if requested by Collier County, prior to the three -year limit. 3. The applicant shall obtain all necessary pen-nits, from Collier County Transportation Services Division and /or Big Cypress Basin, to allow the sign to remain in its current location for the time period specified above. The regulations governing signage are drafted primarily to reflect the community's desires for maintaining minimum life, health, safety, light, and air standards, and are established in the Land Development Code. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. SV- 2006 -AR -9400, After- the -fact Swamp Buggy Races /Florida Sports Park Sign Variance EXECUTIVE SUMMARY Pagel of 3 Agenda Item No. 17B January 23, 2007 Page 2 of 56 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The subject variance is for a maximum of 3 years from the date of approval of the sign variance, or if removal is requested by Collier County. There are no unusual environmental issues associated with this petition. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on December 21, 2006. The Commissioners heard the presentation by the petitioner and the Staff presentation. The Planning Commission voted 8 to 0 on the motion and forwards the petition to the BZA with a recommendation of approval with the following conditions: 1. The off - premise directional sign shall be allowed to remain in place for a maximum of three (3) years from the date of the BCC approval, or the permanent relocation of the Swamp Buggy/Florida Sports Park activity is completed, or if requested by Collier County Transportation Services Division to accommodate improvements to Collier Boulevard or construction of Rattlesnake Hammock Extension, whichever comes first. Any costs associated with removal or relocation of the sign shall be bourn by the applicant. 2. A right -of -way pen-nit, if required, shall be secured within four (4) months (120 days) from the date of BCC approval. 3. A building permit application shall be submitted to Collier County within four (4) months (120 days) from the date of BCC approval. 4. The required landscaping shall be planted around the base of the off - premise directional sign. A planting plan shall be submitted to Collier County with the building permit application. The applicant may utilize manual irrigating techniques if the planting plans includes xeric or drought tolerant plants. The CCPC also recommended that the BCC authorize the reimbursement of the fees to the applicant for the filing of this after- the -fact variance. The fees which the petitioners were responsible for paying totaled $6,684. If the BCC agrees to reimburse these fees, this money will need to be reimbursed from the General Fund Account. The petitioner has notified that they do not wish to pursue the refund of the application fees associated with this After- The -Fact Sign Variance SV- 2006 -AR -9400. Staff has received no correspondence in opposition from the adjoining neighbors. Because no one spoke in opposition to the granting of the variance, and it meets the other required criteria, this petition has been placed on the summary agenda. "I"—. LEGAL CONSIDERATION executive summary/SV- 2003- ARf1207 2 of 3 Agenda Item No. 17B January 23, 2007 Page 3 of 66 Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination 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 eight (8) listed criteria in Section 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached staff report. The BZA must utilize the 8 criteria in considering a variance petition (see professional planning staff analysis). This analysis appears on pages 8, 9 and 10 of the Staff Report. 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 BZA 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. STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve Petition SV- 2006 -AR -9400 with the following conditions: 1. The off - premise directional sign shall be allowed to remain in place for three years from the date of BCC approval, or the pennanent relocation of the Swamp Buggy/Florida Sports Park activity is completed, which ever comes first. 2. A right -of -way permit shall be secured within two months from the date of BCC approval. 3. A building permit shall be secured within two months from the date of BCC approval. 4. The required landscaping shall be planted around the base of the off - premise directional sign within three months of the approval by the Board of Zoning Appeals. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review executive summary /SV 2003- AR4207 3 of 3 Agenda Item No. 17B January 23, 2007 Page 4 of 56 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS •--- Item Number: 17B Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SV- 2006 -AR -9400, for an After - The -Fact Sign Variance for the Swamp Buggy Races /Florida Sports Park. The Sign Variance requested is to allow the existing non - conforming (Location, Size And Height) Off - Premises Directional Sign to remain at its existing location for a period of not more than three - years. The subject property is Collier County Public Right -Of -Way (Row) Collier Boulevard (CR 551) and south Florida Water Management Distnct (SFWMD) Big Cypress Basin Easement along Collier Boulevard (CR 951) is located on the Southeast corner of Collier Boulevard and Rattlesnake - Hammcck Road (CR 864) on property hereinafter described in Colder County, Florida. Meeting Date: 1/23/2007 9:00.00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services 114/2007 9:52 AM Environmental Services Admin. Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 1!412007 10:48 AM Environmental Services Environmental Services Admin. Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Atomey Office 11512007 10:47 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1/5/2007 1:05 PM Approved By Ray Bellows Chief Planner Date Community Development & Zoning &Land Development Review 1!8!2007 8:21 AM Environmental Services Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1!9;2007 1:09 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 1110/2007 8:30 AM Environmental Services Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services 1111/2007 6:27 PM Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology V1212007 3:31 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/12!2007 3:50 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1412007 6:51 PM Commissioners Agenda Item No. 17B January 23; 2007 Page 5 of 56 CO 6Y C 01414ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 7, 2006 SUBJECT: PETITION SV- 2006 -AR -9400, SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE AGENT /APPLICANT: OWNER: David Torres, Assistant Vice - President Toll- Rattlesnake, LLC 28341 S. Tamiami Trail #4 Bonita Springs, FL 34134 REOUESTED ACTION: AGENT: Robert J. Mulhere, AICP Director of Planning RWA, Inc. 6610 Willow Park Drive, #22 Naples, FL 34109 The petitioner requests multiple after -the fact variances: a 56.9 square foot variance from the maximum sign area of twelve square feet for a total sign area of 66.9 square feet; a 7.8 foot variance from the maximum eight -foot height limit to remain 15.8 feet in height from the existing grade; and a 1,645 -foot variance from maximum 1000 -feet distance for an off premise sign to remain 2,654 feet from the property. The petitioner and owner of the sign want to keep the existing off - premise directional sign for an additional three years. GEOGRAPHIC LOCATION: The subject property is located at the southeast corner of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) (See Location Map — Exhibit 1). It is located in Section 14, Township 50 South, Range 26 East, Collier County, Florida. SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE REPORT Page i of 11 STAFF Agenda Item No. 17B January 23, 2007 Page 6 of 56 LOCATION MAP SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 2 of 11 Agenda Item No. 17B January 23, 2007 Page 7 of 56 PURPOSE/DESCRIPTION OF PROJECT: The request is for an after - the -fact variance from the provisions of Section 5.06.04.C.15 of the Land Development Code (LDC) to allow an existing off - premises sign to remain for three years. Section 5.06.04.C.15 reads as follows: 15. Off - premises directional signs. Off - premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, if the following requirements are met: a. Off - premises directional signs shall only be permitted in nonresidential zoned or agricultural districts. b. No more than two one -sided or one double -sided off - premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses provided: i. Each sign is not more than 12 square feet in area. ii. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway . iii. The sign is located no closer than ten feet to any property line. iv. The applicant must submit with the permit application notarized, written permission from the property owner where the off -site sign is located. v. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use. c. Off - premises directional signs shall not be located closer than 50 feet from a residentially zoned district. d. Off - premises directional signs shall not be located closer than 100 feet from another off - premises directional sign. The existing sign was constructed in 1986 as part of the Florida Sport PUD and located on the southeast corner of the intersection of Rattlesnake Hammock (CR 864) and Collier Boulevard (CR 95 1) within the Collier County right -of -way and South Florida Water Management District (SFWMD) easement along Cypress Canal. The sign contractor was Signcraft. The petitioner indicates that a sign permit was approved by Collier County before the sign was installed at its current location. However, neither Signcraft nor the County can find any record of this permit. The Florida Sports Park is the home of the famous Swamp Buggy races held annually in January, March, and October. The races have been held for the past 54 years, and in the current location for more than 20 years. Currently, the Swamp Buggy Races and ancillary activities are providing entertainment and recreational activities to all citizens of, and visitors to Collier County, and producing fund- raising opportunities to many area charities and civic organizations. Toll- Rattlesnake, LLC is now the owner of the Swamp Buggy property and the majority of lands around the Swamp Buggy property, including the land immediately east of the Big Cypress Basin Canal easement and Collier Boulevard. Code Enforcement has served Swamp Buggy, Inc. with a Notice of Violation (NOV) on May 21, 2004 (See NOV- Exhibit A). The Collier County, Code Enforcement Board was scheduled to be SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 3 of 1 I Agenda Item No. 17B January 23, 2007 Page 8 of 56 heard on September 28, 2006, but was continued due to the Sign Variance request filed by the applicant. ,� I SIGN VARIANCE EXKCIT I r I s I v I j 4 I � 1 i � 1 TOP OF SIGN ELEV -27.56 GROUND C_LELffit ?.96 SIGN DETNL I - =5. SWAM- "(;Y RATES � � FLORI A SPCIR'S PARK Toll- Rattlesnake LLC DRI- 2006 -AR -10147 LOCATION MAP SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 4 of I 1 I SPORTS PARK .5 14 RCA4__,..._.. za RAf LE SANKE 111 HAMMOCK ROAD- (may \ l m a I z t O U I r I s I v I j 4 I � 1 i � 1 TOP OF SIGN ELEV -27.56 GROUND C_LELffit ?.96 SIGN DETNL I - =5. SWAM- "(;Y RATES � � FLORI A SPCIR'S PARK Toll- Rattlesnake LLC DRI- 2006 -AR -10147 LOCATION MAP SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 4 of I 1 Agenda Item No. 17B January 23, 2007 Page 9 of 56 The applicant is requesting a variance to allow the existing sign to remain in place for up to 3 years, until the permanent relocation of the Swamp Buggy is completed. The petitioner has informally via email requested permission from Big Cypress Basin to allow the sign to remain in place subject to the 3 year continuation (See Email 1 - Exhibit B). Collier County Transportation Services indicated that ROW permits would be required; provided that the Board of Zoning Appeals (BZA) approves the variance requested (See Email 1 - Exhibit B). In addition, the applicant offers the following conditions of approval for consideration: 1. The applicant shall submit an after - the -fact sign permit application, to the County within 60 days of approval of and Site Development Plan (SDP). Any necessary electrical enhancements related to the sign lighting; shall be addressed as part of that permit process. 2. The sign must be removed within 3 -years of the date of approval of the sign variance, or if requested by Collier County. 3. The applicant shall obtain all necessary permits, from Collier County Transportation and/or Big Cypress Basin, to allow the sign to remain in its current location for the time period specified above. SURROUNDING LAND USE AND ZONING: Subject: The off - premise sign site is located on the east side of Collier Boulevard (CR951) and the South Florida Water Management District Easement (Cypress Canal); zoned Agricultural (A) Surrounding: North - County Road 951 (Collier Boulevard) and South Florida Water East - South - West - Management District Easement acreage; zoned Agricultural Commercial Centre PUD (Cypress Canal), undeveloped (A), and Hammock Park South Florida Water Management District Easement ( Cvpress Canal) and County Road 951 (Collier Boulevard); zoned Agricultural (A) County Road 951 (Collier Boulevard) and South Florida Water Management District Easement (Cypress Canal) and undeveloped acreage; zoned Agricultural (A) Undeveloped acreage; zoned Agricultural (A) EVALUATION FOR IMPACTS TO TRANSPORTATION INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request currently has no effect on infrastructure, transportation or the environment. Rattlesnake Hammock Road is proposed to be improved to a collector road standard in the future. At that time, the existing sign would be within the proposed improvement construction area. SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE REPORT Page 5ofII STAFF u JL FIRST ASSEMBLY OF GOD HAMMOCK p��. PARK COMMERCE CENT PU ��,�'$W�C'pp'tl,# .1�?:w r ✓Y � ��.l�e y � � .a. y,f i ct,��,: r* �' k ' v LE,9 L4 X ES� LE�'-Y RESORT, PtJ D - RR��T A $ SV. MY4T. EDU4REW ZONING MAP J r=71 �--- ACTIVITY CENTER # 7 SV-2006-AR-9400, AFTER-THE-FACT SWAMP BUGGY RACES/FLORIDA SPORTS PARK SIGN VARIANCE REPORT Page 7 of I I Agenda Item No. 17B January 23, 2007 Paae 11 of 56 STAFF Agenda Item No. 17B January 23, 2007 Page 12 of 56 ANALYSIS: Section 9.04.00 of the Land Development Code grants authority to the Board of Zoning Appeals to issue variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 9.04.03 are as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The sign has been reportedly been located at its current location for approximately 20 years. The existing sign is visible to visitors and announces upcoming races /events. Removal of this sign, eliminates the convenience and visibility to the public of the location and upcoming events of this cultural and historic activity. 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. The existing sign was constructed in 1986, as part of the Swamp Buggy Days PUD, by Swamp Buggy, Inc. through Signcraft. A building permit was believed to have been applied for, but no evidence has been discovered by the owner, contractor or County. 3. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. Since the Swamp Buggy track is not visible from CR 951, the removal of the sign will eliminate the location and directional information from future patrons trying to find the facility. 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 and welfare? Yes. By allowing the sign to remain in its present location, it will be the minimum Variance. The existing sign location is on the outside of the CR. 951 right -of -way and Big Cypress Basin easement, and is approximately 43 -feet from the adjoining property line and 14 -feet from the edge of pavement. The sign does not inhibit the site visibility of vehicular traffic at the CR. 951 and Rattlesnake Hammock Road Intersection. SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 8 of I 1 Agenda Item No. 17B January 23, 2007 Page 13 of 56 5. 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? Yes. By allowing the existing non - conforming sign to remain, a special privilege would be granted to this sign, but only on a temporary basis with a time limit, that this sign would be allowed. 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. Section 5.06.0l.A of the LDC lists five objectives regarding signs, which are as follows: 1. Compatible with their surroundings. 2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. 3. Appropriate to the type of activity to which they pertain. 4. Are large enough to convey sufficient information about the owner or occupants of a particular property, or the activities conducted on the property and shall enough to satisfy the needs for regulation. 5. Reflective of the identity and creativity of the individual occupants. The proposed signs meet the above listed objectives. The existing sign promotes objective numbers 2, 3, 4 and 5 of the purpose and intent of sign requirements of the LDC as they would enhance public safety; are intended to better identify and direct the general public to and within the Sports Park property complex; and would be removed within the timeframe that is agreed upon. Therefore, approval of the variance should not have a negative effect upon the neighborhood as a whole and would not be detrimental to the public welfare. 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.? Yes. The existing off - premise directional sign, although fronting CR.951 is separated from the travel lanes of CR. 951 by a canal along the ROW. It is the recommendation that a planter area of 100 square feet or greater be installed around the existing sign. In staff's opinion, the cited physical conditions and distances create an ameliorating factor that adequately addresses compatibility. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will be consistent with the GMP since it will not affect or change the requirements of the Growth Management Plan Staff has analyzed the guidelines associated with the variance request, and has determined that the request does not pose any danger to the health, safety or welfare of residents. Further, the request is in harmony with the general intent of the LDC and the objective of its sign section; SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 9 of 11 Agenda Item No. 17B January 23, 2007 Page 14 of 56 there are special needs and circumstances in regards to the subject's site use that are not specifically addressed in the LDC; and there are ameliorating factors in this case. No correspondence or letters of objection have been received. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. ZONING DEPARTMENT STAFF RECOMMENDATION: Zoning and Land Development Review staff recommends that the Planning Commission forward a recommendation of approval of Petition SV- 2006 -AR -9400 to the Board of Zoning Appeals subject to the flowing conditions of approval: CONDITIONS OF APPROVAL: 1. The off - premise directional sign shall be allowed to remain in place for three -years from the date of BCC approval, or the permanent relocation of the Swamp Buggy activity is completed, which ever comes first. 2. A right -of -way permit shall be secured within two- months from the date of BCC approval. 3. A building permit shall be secured within two - months from the date of BCC approval. 4. The required landscaping shall be planted around the base of the off - premise directional sign. PREPARED BY: SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 10 of 11 Agenda Item No. 17B January 23, 2007 Page 15 of 56 MICHAEL J. DERUNTZ, CFM DATE PRINCIPAL PLANNER REVIEWED BY: JEFFERY A. KLATZKOW DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE Attachments: Exhibit 1 — Location / Zoning Map Exhibit A - Notice of Violation Exhibit B — Code Enforcement Board — Stipulation Agreement Exhibit C - Email September 14, 2006 SV- 2006 -AR -9400, AFTER - THE -FACT SWAMP BUGGY RACES /FLORIDA SPORTS PARK SIGN VARIANCE STAFF REPORT Page 11 of 11 COLLIER COUNTY GOVERNMENT DEPT., OF ZONING & LAND DEVELOPMENT REVIEW WWW, COLLIERGOV,.NET 2800 NORTH HORSESHOE Aida Item No. 17B NAPLES, FLORIDA 34104 Januuary 23, 2007 (239) 403 -2400 FAX (239) 643 -6968 age 16 of 56 PETITION NUMBER (AR) PROJECT NAME PROJECT NUMBER For Staff Use DATE PROCESSED COORDINATING PLANNER ABOVE TO BE COMPLETED BY STAFF PETITIONER'S NAME: Mr. David Torres Assistant Vice - President, Toll - Rattlesnake, LL4 ADDRESS: 28341 S. Tamiami Train #4 City: Bonita Springs State-.Florida Zip: 34134 PHONE# (239) 949 -2304 CELL# FAX (239) 949 -2292 E -MAIL ADDRESS: dtorresAfollbrothersinc corn AGENT: Robert J. Mulhere Director of Planning FIRM: RWA Inc ADDRESS: 6610 Willow Park Drive #200 City: Naples Stgte: Florida Zip: 34109 PHONE #(239) 597 -0575 - CELL# (239) 825 -9373 FAX # (239) 597 -0578 E -MAIL ADDRESS: rim(a)consult- rwa.com Be aware that Collier County has lobbyist regulations. Guide yourselF accordingly and ensure that you are in compliance with these regulations. DS_IIiIPT'tONSUSJ1tE[ PROPE[Tl� _.:. . SECTION /TOWNSHIP /RANGE: 14---j 50 116 PROPERTY I.D.# 00417240000 SUBDIVISION NAME: Swamp Buggy Days PUD UNIT BLOCK LOT METES & BOUNDS DESCRIPTION: ADDRESS OF SIGN LOCATION: SE corner of Collier Boulevard and Rattlesnake_ Hammock Road (Folio # 00433360003) CURRENT ZONING A--AGRICULTURE LAND USE OF SUBJECT PARCEL: Undeveloped Presen P No. 17B e Radr�yy 223: 2007 location is within "Snorts Park Road" which is the Future Rattlesnake Hammock Extension. Page 17 of 56 Length & Height of wall upon which the Sign will be secured: Width of Subject Property: (Road Frontage) (If Wall Sign) Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary, how existing encroachment came to be; etc. History of the site The Florida Sports Park is the home of the famous Swamp Buggy races held annually in January, March and October., The races have been held for the past 54 years, and in the current location for more than 20 years. The beginnings of Swamp Buggy racing was usually as a gathering of hunters„ The first races started taking place around 1943 and by late forties 30 to 40 racers would gather the week before hunting season to race for valued prizes such as shotguns. On November 12, 1949 the first official Swamp Buggy Races were organized by a group of civic and community leaders., In mid 1950's Swamp Buggy racing started to grow.. As the popularity of the sport continued to grow, cash prizes and engraved trophies began to replace the old prizes„ Buggies were now being constructed for racing only and were too fast and loud to be used for hunting., It was during this era that several important traditions such as the legendary "Swamp Buggy Queen's Annual Mudbath" and "Dunking" were conceived. The Dunking tradition began in 1957 when the Swamp Buggy Queen was dunk for the first time by a winner in the deepest part of the famous "Mike `O Mud" oval race track.. Currently, the Swamp Buggy Races and ancillary activities are providing entertainment and recreational activities to all citizens of, and visitors to Collier County, and producing fund - raising opportunities to many area charities and civic organizations„ It is preserving the tradition of Swamp Buggy racing and protecting a unique aspect of the heritage and culture of Collier County„ History of the existing sign The existing sign was constructed in 1986 as part of the Florida Sport Park PUD and located on the southeast corner of intersection of Rattlesnake Hammock and CR 951 within the Collier County Right -of- Way (ROW) and South Florida Water Management District (SFWMD) easement along Cypress Canal. The sign contractor was Signcraft. Per representative of Swamp Buggy, Inc., a sign permit was approved by Collier County before the sign was installed at its current location.. However, neither Signcraft nor the County can find any record of this permit. In April of 2004, some 18 years after the sign was first erected, the Code Enforcement served Swamp Buggy, Inc., with a Notice of Violation (NOV). The NOV indicated that the sign is in violation for a number of reasons including being located off - premise (in the Big Cypress Basin Easement east of the Canal),. The sign exceeds the maximum size (12 square foot) and height requirements (8 -feet) per Collier County Land Development Code (LDC) for off - premise directional Signs. Toll- Rattlesnake, LLC is now the owner of the majority of lands around the Swamp Buggy Property including the land immediately east of the Big Cypress Basin Canal easement and Collier Boulevard ROW„ Toll - Rattlesnake, LLC is also currently under contract to purchase the Swamp Buggy property., A pre - application meeting for this Variance Petition was held on December 28, 2005. Description of Variance Request Toll - Rattlesnake, LLC is requesting a Variance to allow the existing sign to remain in plac&%? Np2 13 years; until the permanent relocation of the Swamp Buggy is completed. The petitioner has askpdge 18 of 56 informally via email for permission from Big Cypress Basin to allow the sign to remain in place subject to the 3 year continuation.. We have also contacted Collier County Transportation services., Both entities have responded with no general objection, but indicted that ROW permits would be required assuming the BCC approves the variance request.. The exact Variance request is as follows; "A sign Variance from Section 5.06.04.C.1 5 of the LDC.. Section 5,06.A4..C.15 reads as follows: 15. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if'the, following requirements are met. a. Off- premises directional signs shall only be permitted in nonresidentially zoned or agricultural districts. b. No more than two one -sided or one double -sided off-premise directional signs shall be permitted, identifying the location and nature of a building , structure , or use which is not visible, from the arterial roadway serving such building , structure , or uses, provided. i. Each sign is not more than 12 square, feet in area. ii. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. iii. The sign is located no closer than ten, feet to any property line. iv. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located, v. The sign shall only be located within 1,000, feet of the intersection of the arterial -- roadway serving the building, structure, or use. c. Off-premises directional signs shall not be located closer than 50 feet.from a residentially zoned district. d. Off-premises directional signs shall not be Iocated closer than 100 feet.from another off - premises directional sign. The request is for a variance form the provisions of Section 5,06.04,C15 of the LDC to allow an existing off- premises sign to exceed the maximum allowable size of 12 square by 54..4 square feet (the sign face measures 66.9 square fee); and to exceed the maximum allowable height of 8 feet by 7 „8 feet (the sign height measures 15.8 feet from existing grade). In addition, the following conditions of approval are offered for consideration: Condition # 1., The applicant shall submit an after- the -fact sign permit application to the County within 60 days of approval of this SDP.. Any necessary electrical enhancements related to the sign lighting shall be addressed as part of that permit process, Condition # 2. The sign must be removed within 3 -years of the date of approval of the sign Variance, or if requested by Collier County to accommodate the construction of Rattlesnake Hammock Extension or the 6- laning of Collier Boulevard„ Condition # 1 The applicant shall obtain any necessary ROW permits from Collier County Transportation and /or Big Cypress Basin to allow the sign to remain in its current location for the time period specified above.. 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 -6),. (Please address these criteria using additional pages if necessary,.) I . Are there special conditions and circumstances existing which are peculiar to the ]ate go lt((m No I 7B characteristics of the land, structure, or building involved? Page 19 of 56 Yes. The sign has been located at its current location for more than 20 years so that it is visible for visitors and to announce upcoming races/events. By relocating this sign it will not be visible fio notify the Public of the location and upcoming events I 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? The existing sian was constructed in 1986 as part of the Swamp Buggy Days PUD (approved in 1984) and It has been within this location since 1 986 The subject sign exceeds the maximum size and height requirements per Collier County Land Development Code (LDC) The sign is located off - premise on the southeast corner of intersection of Rattlesnake Hammock and Collier Boulevard (CR 951), within the Collier County public Right of Way (ROW) and South Florida Water Management District (SFWMD) Big Cypress Basin easement 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. Movina this sian reduces visibility for pafirons In addition the request is only to allow the sign to remain for a maximum of 3 years 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. It is understood it will be the minimum variance if granted that will make it possible to remain in place for a maximum of 3 years Note: The sign has existed in the location since 1986. 5. 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? Yes. In the sense that a non-conforming sign will be permitted to remain 'n place, but only for a temporary period 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. The granting of this Variance will not be intrusive to the neighborhood or atherwise detrimental to the public welfare The sign has been there for more than 20 years with no problem no iniury to the neighborhood and no detriment to public welfare 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.? Not applicable. 8 Will granting the variance be consistent with the growth management plan? Yes. Th-eiCollier County Land Development Code allows variances to be requested. Therefore if the variance is approved it is deemed to be consistent with the Growth Management Plan Agenda Item No. 17B January 23, 2007 Page 20 of 56 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS # OF COPIES REQUIRED 1.. Completed Application 12 2. Completed Owner /Agent Affidavit, Notarized 1 3. Pre - application notes /minutes 12 4. Survey or Site Plan of property depicting the following: 12 a) All property boundaries & dimensions b) North arrow, date and scale of drawing C) All existing and proposed signs - (labeled as such) d). Existing sign setbacks & proposed sign setbacks 5. Location map depicting major streets in area for 1 refere nce b. Fees (There fees were established per the pre - application conference) Application Fee = $4,000.00 * 3,500.,00 * Check # 553'73 in the aanount of $500 00 was paid at the time of the pre - application conference Legal Advertising Fee for BCC = $363 „00 $ 363..00 Legal Advertising Fee for CCPC = $729.00 $729.00 Checks shall be made payable to: Collier County Boord of County Commissioners $4,592.00 7. Other Requirements - As the authorized agent /applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package,. I understand that failure to include all necessary submittal information may result in the delay of process this petition. App icant /Agen tgnature mticc N O O ZMN N @ C O O? Q 0 � i W —.MW AWL s d � 707T7 O EL J Lg q I i I CrdVAffVM MIM GWA9TM kMTTM ig s p �oo�rmvc � d 33 I$V NLLYI�� " g- -� — ----------- CL a z z 0 N Z a H Q U O 0 0 Z 0 f'- 111 CL 11 F i. FIRST ASSEMBLY • GOD PUD ti Agenda Item No. 17B January 23, 2007 Page 23 of 56 � r "w. MPZFS _-,1 ACTIVITY CENTER #7 j = w 1. 1 i � I Agenda Item No. 17B January 23, 2007 Page 24 of 56 AMIv;rr cow" n MMENDED - SEPIEMBEP 1u. 2063 Ord. Ilo. I09 }a.y �e�eMo ram �CiMir CdlOr WUID+M ® DE�E1GiiD IIM U6[ �«: casnlw wDAHbl an sm�s Agenda Item No. 17B January 23, 2007 Page 25 of 56 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier• County, Florida Vs, SWAMP BUGGY, INC.. VISION & FAIFH, INC.. CEB No 2005 -31 DEPT No., 2004040732 ITEM PAGE(S) Notice of Heating 1 Statement of Violation and Request for Heating 2 Notice of Violation 3 -5 Copy of' Applicable Ordinances 6 -7 Deed 8-10 j- Agenda Item No. 17B January 23; 2007 Page 26 of 56 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2005-31 DEPT CASE NO., 2004040732 COL f_ IER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs SWAMP BUGGY, INC. & VISION & FAIIH, INC., Respondent(s) NOTICE OF HEARING October 11, 2005 To: VISION & FAITH, INC. THOMAS CANNON, REG AGENT HAROLD WEBRE, REG.. AGENT 7955 AIRPORT" PULLING ROAD N tit 03 5089 TAMIAMI TRAIL E 4001 TAMIAMI TRAIL N #300 NAPLES, FL 34109 -1794 NAPLES, FL 34113 NAPLES, F'L 33940 Pursuant to Section 162.06 and 162 12, Florida Statutes, and Collier County Ordinance No.. 92 -80, you are hereby ordered to appear at a public heating for failure to correct code violation(s) noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on October 27, 2005 at 8:30 A..M, at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112 'the Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet (Attachment B) will be presented to the Board by the County at the public heating. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Leonardo Bonanno. Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr., Naples, FL 34104 by 1:00 P.M. no less than 5 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider., You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403 -2440. This agreement is °^ subject to Board approval. PRE- HEARING PROCEDURES: 1. A pre- hearing conference will be held at 8:30 a.m. the moming of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. Ifyou are not contesting the violation, the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation, the case will be placed under the third section of the Public Hearing portion of the agenda. b_ The parties may stipulate to any facts, exhibits or evidence to be introduced into the record Any stipulated facts or- evidence shall be presented to the Boat along with any pre- hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of'witnesses to be called.. HEARING PROCEDURES: I If you fail to attend the hearing, the Board may make a determination in your absence and upon a fording of'violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2 If prior to the scheduled hearing the violation is corrected, the Board may, upon a fording that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board tray, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes.. Each party shall be permitted to make brief' opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross - examine all witnesses. �.. Leo ardo Bonanno, Operations Coordin r Secretary to the Code Enforcement Board REV 45-05 Agenda Item No. 17B January 23, 2007 Page 27 of 56 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs CEB CASE NO. 2 905 31 DEPT CASE NO.2004040732 Swamp Buggy, Inc (Sign Owner), Respondent(s) Vision & Faith. Inc (Property Owner), Respondent(s) S_TAIEMENI OF VIOLATION AND REOUE,ST FOR HEARING Pursuant to Section 162.06 and 162 12, Florida Statutes, and Collier County Ordinance No 92 -•80, the undersigned code enforcement Of}'icial hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public heating before the Collier County Code Enforcement Board, for the following reasons: 1 Violation of sections 2 5.12..1, 2.5.13 1 of Collier County Ordinance 91.102, as amended AND 10.02.06(B)(2)(a), 10 02 06(B)(2)(d)(ix) of Collier County Ordinance 04.41, as amended. 2 Description of Violation: Florida Sport Park (Swamp Buggy) off-premise sign without required permit 3. Location/addrms where violation exists: No Site Address - this is the SE corner of Collier .Boulevard AJ , Rattlesnake Hammock Road (folio #00433360003) 4. blame and address of owner/person in charge of violation location: Ihomas Cannon as Registered Agent for Swamp Buggy, Inc. 5089 Tamiami "Trail E Naples, FL. 34113 AND Goodlette, Coleman & Johnson / Harold Webre as Registered Agent for Vision & Faith, Inc 4001 Tamiami Trail N #1300 Naples, FL 33940 5. Date violation first observed: April 14, 2004 6 Date ownenperson in charge given Notice of Violation: May 21, 2004 (Swamp Buggy) AND June 14, 2005 (Vision & Faith) 7 Date on/by which violation to be corrected: June 22, 2004 (Swamp Buggy) AND June 26, 2005 (Vision & Faith) 8 Date of re- inspection: July 27, 2005 9 Results of Re- inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon tie foregoing, the undersigned code enforcement official hereby attempts to secure compliance with the Collier County Code have failed ass County Code Enforcement Board for a public hearing Dated this 28th day of July, 2005 STATE OF FLORIDA COUNTY OF COLLIER the above-described violation continues to exist; that J that the violation should be referred to the Collier Travis Snoderly Code Enforcement Investigator Sworn to (or affirmed) and subscribed before this o7 5 day of JU (Signature of Notary Public) Personally known / - Produced identification Type of identification produced . REV 3 -3-05 , 2005 by 1 rQYr 5 (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORMA Leonardo ba nnQ, Jr. Commission # DD372889 Expires: NOV 17, 2008 Bonded Ihru Atlantic Bonding Co, Inc. Owner. THOMAS CANNON AS REGISTERED AGENT FOR SWAMP BUGGY, INC. (SIGN OWNER) COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 05/21/04 lnvesilgolor TRAVIS SNOD €RLY Mailing: 5089 TAMIAMI TRAIL E _ NAPLES, FL 34113 Loralicm: SE CORNER OF INTERSECTION OF RATTLESNAKE HAMMOCK AND 951 LOCATED IN THE COUNTY RIGHT OF WAY Unincorporated Collier County NOTICE Zoning Dist _ Legal: Subdivls Folio Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No.. 92 -80 and 97.35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. 90rd No.. 91 -102, as amended Section 2.5.7.7 ®Ord No. 91-102, as amended Section 2.5.12.1 00rd No. 91 -102, as amended Section 2.5.13.1 E]Ord No 91 -102, as amended Section nOrd No as amended _ Section - ❑Ord No, as amended Section y DESCRIPTION OF CONDITIONS CONSTITUTING THE VTOI. ATION (S)., Did Witness: ON 04- 14 -04, OFF - PREMISE FLORIDA SPORT PARK POLE SIGN INSTALLED WITHOUT PERMITS AND /OR PERMIT NUMBERS DISPLAYED.. SIGN IS LOCATED WITHIN THE COUNTY RIGHT OF WAY CREATING A POTENTIAL SAFETY HAZARD.. THIS 15 CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE.. SERVED BY3 ,Personal Service OCertified Mail ❑Posting of Property E]Fax ❑Mail Signature and Tittle of Recipient,—., r-V k ,L,w V, rw S C. Agenda Item No. 17B Case lvart9rrY 32 i Phone: 239- 403.2455 Sec 14 Twp 50 Rne 26 Block Lot OR Book Page ORDER TO CORRECT VIOLATION(S) You are directed by this Notice to fake the following corrective action(s) OBTAIN SIGN PERMITS AND/OR ELECTRICAL. PERMITS AND /OR INSPECTION FOR DESCRIBED SIGN (S), IF ATTAINABLE, OR REMOVE SIGN (S).. CEASE ALL FUTURE PLACEMENT OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE.. ❑ Supplemental attached ON OR BEFORE JUNE 22 2004 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to 250 per day per violation, as long as the violation remains, and costs of prosecution.. [, Supplemental attached INQUIRIES AND COMMENTS SHOULD E DtR CTEO TO CODE ENFORCEMENTtNVESTIGATORi T AVIS S 'ODERLY 2800 No Horseshoe Dr. Naples, Fl /4104 (239) 403.2455 1 ox: (2391 403 -2343 Investigator signature! V10LATION STATUS: ,,, ®Initial [Recurring ORepeat ]Notice of Violation Odeirol to File Coov to Resnnndcnt Print Dated 111Is 21 Sr day MAY , 2004 Of �AJ Owner: GOODLETTE, COLEMAN & JOHNSON / HAROLD WEBRE AS REGISTERED AGENT FOR VISION & FAITH, INC. (PROPERTY OWNER) COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Dote: 6114105 Investigator TRAVIS SNODERLY Zoning Dist se, Mailing 4001 TAMIA/vMI TRAIL N #300 Legah subdivision 100 NAPLES FL 33940 Location. NO SITE ADDRESS Folio Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 92 -80 and 97.35r as amended, you are notified that a vialation(s) of the following Collier County Ordinance(s) and or PUD Regujation(s) exists at the above - described location. 00rd No 04 -041, as amended Section 10.02.06(by(2)(a) ®Ord No 04 -047, as amended Section 10.02.06(b)(2)(d)(ix) ❑Ord No. 04 -041, as amended Section ❑Ord No. �04 -041, as amended Section []Ord No 04 -041, as amended Section []Ord No as cunended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S) Did Witness: ON 04- 14 -04, OBSERVED OFF - PREMISE FLORIDA SPORT PARK 'SWAMP BUGGY' POLE SIGN WJTH EXPOSED ELECTRICAL, WIRING, WITHOUT PERMITS AND /OR PERMIT NUMBERS DISPLAYED ON 6/14/05, OBSERVED 'GO CART RACES' BANNERS ATTACHED TO BOTH SIDES OF AFFOREMENTIONED SIGN.. NUMEROUS DISCUSSIONS /MEETINGS TO DATE WITH SWAMP BUGGY REPRESENTATIVES HAVE NOT RESULTED IN COMPLIANCE., THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. DSupplernentai atfached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR; TRAVIS SNODERLY 2800 No Horseshoe Dr. Naples, FL 34104 (239) 403 -2455 Fax: (239] 403 -2343 Investlgator signature 00433360003 Agenda Item No, 17B Ja ruary ?3.0D7 Case Nurae`q 2 Phone: 239- 403 -2455 _ TwP Rng Block 008 Lot 000 OR Book 3159 Page 1101 9RDER TO CORRECT VIOLATION(S1, You are directed by this Notice to take the following corrective ac ions) OBTAIN SIGN PERMITS AND /Olt ELECTRICAL PERMITS AND /OR INSPECTION FOR DESCRIBED SIGN(S), IF ATTAINABLE, OR REMOVE SIGN(S). REMOVE BANNER OR OBTAIN TEMPORARY USE PERMIT FOR SAID BANNER,. CEASE ALL FUrURE PLACEMENT OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. lSupptemental attache ON OR BEFORE: JUNE 26 2005 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $250 per day per violation, as lone as the violation remains, and costs of prosecution.. SERVED BY: ❑Personal Service ❑Certified Mail ❑Posiing of Property QFax []Moil Signature and Title of Recipient Print VIOLATION STATUS: Doted this 14TH day of OInitlof []Recurring QRepeat I Nnrir:a nfV:nlerl..n n.; ., -.r ... ch.. I .._...._., __.._.. ,. JUNE 2005 Agenda Item No. 17B ■ ComplWe items 1, C, and 3,. Atsa corn [ s A. S natu item 4 0 Reslrlcted Delivery is "re V. ; O Agent ■ Print y6br.name and address on the .s�t3�/ ❑ Addiesse( so that'-we can return the card to•yo .. E(-ed by ( ArintedMame) C. X Attach this card to the back of the m;)f feca, or on the front ff space penrds. Yes 1. fVtlde Addressed to:�` s7rtfesr�9r� Rbtti' ❑ iYES enter deCvery add.— D Na GOODLETTE, COLEMAN S JOHNSON t.; -Ti -("p- HAROLD WEBRE, REG AGENT FOR VISION & FAITH, INC.. 4001 TAMIAMI TRAIL N,. # 300 � Type NAPLES, FL ` .. 34103 Cerffled Man 13 Express Mail 2004040732 _ f1 RogkWred p Return Receipt for Merchandise Q Insured Mall ❑ C.O.D. 4, Rained DefiverYf (Extra F1 z Q Yes J 2 Artichs. er '7304 2510 00011 7774 0411 r from servke , PS Form 3811, February 20G4 ic Return Receipt 6F,6 ioas9s ti.t6at 1� U.S. Postal CERTIFIED MAIL,., RECEIPT (Domestic Cl For delivM information visit our website at wwmuspsroM--,, OFFICIAL se I r� �--�- t` � s ° carrfted Fee c7 C3 Return Reoelpt Fee Postmark (Endorsement Requ[red) Here C3 Reatrtoted Dothrery Fee � (Endorsement Reuutred) fit GOODLF,I'TE, COLEMAN & JOHNSON =rl HAROLD WEBRE, REG AGENT FOR ^- Ej sen VISION & FAITH, INC.. n _ r� 5&;, 4001 TAMIAMI TRAIL N.. # 300 orF NAPLES, F.L.. 34103 C4 2004040732 — ?e .. 44. Agenda Item No. 17B January 23, 2007 COLLIER COUNTY LAND DMMOPMENT CODE Page 31 of 56 historic or com=nity significance, and pursuant to the criteria and pr oc wires set forth in section 2..7..6 of this Code. In granting any variance, the board of zoning apps may preserfe the following: I. Appmpriate conditions and safegnards in conformity with this Code or other applicable county ordinances.. Violation of such conditions and Safeguards, when trade a part of the terms under which the variance is granted, shall be deemed a violation of this Code.. 2.. A reasonable time Hma within winch the action for whir* the variance required shall be begun or completed or both,. (Ord. No, 96-21, § 3) See. 2.5.12. Permit applications. 2.5,.12..1.. General. Any perBOn wishing to erect, place, rebuild, reconstruct, relocate, alter; or- change the sign. copy (sea section 2..5..5. for• exceptions) of'any sign sbaH appjy for and receive a building permit in aceordauce with Resolution Na, 91 -642, prior to the commencement of any work. A building peizrrit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all outer, applicable provisions of Collier County's ordinames and regulations have been met.. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2 5..123.. Form.. Every application for a building permit shall, be in writing upon forms to be furnished by the community development and environmental services administrator; or his designee, 2.512.4.. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter at. change the sign copy of any sign under the provision of this Code, an applicant shall submit to the binding official a luilding permit application which shall set faith in writing a complete description of the proposed sign including: 2.5- 12- 41. The name, address and telephone number of the: (a) owner a-ad lessee of the sign and (b) sign contractor or erector of the sign.. 2.5..1.2.42. 'Me legal description and the street address of the property upon which the sign is to be erected.. 16.12,4.3.. The dimensions of the sign including height.. 2.5..124..4.. The copy to be placed on the face of the sign. 2.5.12.4:5. Other information required in the permit application farms provided by the community development and environmental services adtniniatratAr, or his Sapp.. Ra 18 LDC2:184 Agenda item No. 17B January 23, 2007 Page 32 of 56 I &z2,o8 Submittal Requirements for Permits B Bufldng PwM ts. 1 2. Sanding Permltappliceitions for slgns . IS a. asneraf My person %!aping to eMct place, oebuild, reconswct . rvio ate. alter, or Mango the $W copy (see section 6.06.04 for exceptbrta otany sign shay apply for and recelve a buWtng pamdt In accordance with Resdudon No. 81•$42, prior to the ramme+wwrant of any work A building pennant will be issued by the community development esrvkes sdngnbrawr or his designee, provided Ilia[ ad f permit requirements of ft Coda and an other applicable provWons of t Cofer Cowjyls ordnasums and regulatl" have been met. Ir d. Application ovrttents in order to obtain a permit to Bract, place, t rebuild, reconstruct relocate, alter or dhartga the sign copy of any sign under the provision of M Code, an applicant shall MbWt to the building otitciei a butid4ag permit applkation which shag set forth in writing a eornp(eta description of the proposed sign including: i -Ix. The permitntanhersimll be displayed oraNlxed at the bottom of tlto sign face and shall have tits same life expectancy as the sign . Such pemit number shag be { des* Iagba to a person standing flue feet In Front of It the base of the sign and in no case shall the permit i number be lass Ittan one -hatf inch in slZa.. - Sent 8j: CLERK RECORDING; °4 tp18 --,= . oft �r Tbb k0491=0 war prcpwW by: am s. TMMM. EXAM Swaft Tmxow. P.A. 12M MUMMY Druz, 5abe 340 Poet MYM. Pfd 33M PUVel h sett mim Iyto. !"1111 :9Qt31p1 %04SNMOW0 Wi1010"1 r%Vd3eaf0l111 W Farad 41 10tM #WN Agenda Item No. 17B January 23, 2007 943 774 8003; Jul -26 -05 12:48PM; Pagaadge 33 of 56 3083330 OR; 3114 ?G; 1101 to "M MIN" Of WAM MM# D 11(31AW it 17 -01% MW 1. Mat UM >8q 117S11M,M !!f in 13.0 tom; Eanc -.n it2f1.Et1 Ira Oil IN= I= ri 31111 above deer line for re vrdfag WARRAMN DEED (STA 1'UTORY FORM - SECTION 689 02, F S-) TffiS WIMMti]itE, tMUde this.Cday of November, 2oo2, Betwm CM W. Fie, hxk'tidaallf atad ale '1hme, as to Pa mds 1, 3 and 4 and Greg W. l *gK P.A., a Flori& corporatiolk as to Parcel 2, as Grantor, to VjjW & FOW hr, , a Florida cMoratiaa►, as GnMtmea, whM mailing atddrew in 8250 Copier HOUICV0rd, Naples, Motida 34114 Wn NF'SSRM that said Grawor, for and in considara fM of the sum of T'en and No/] 00 (510.00)1 OUM, MW other good and vakahle contsidO.06om to aid Gramr in hand paid by sad Gnwtet, the rasceipt Ind aufii4ency whereof is hereby acknawWged, has grad, WpbW and sold to the said G antee, and C#"es's heirs NW f+oftW. the following desert toad, situate, Eying seed bytirtg in Collier County, Florida, to -wit_ Set Exhibit "A" Attached Hereto (tire "Property"); Ard this sanveyancar is eras 9M to: (1) ad valorem and eon ad valorem real property wets far the year 2DD3 am subsequent years; (2) zoo, building coda; and other use restrictions krposed by govaxmt►e W authority; (3) outstanding oil, gets ad mineral interests of mcord, if any; and (4) rodrk ionk reservations and casements cormm00 to the aKaladivWon. And slid Chmor hots hereby &alts warrant the We to said land sad wilt daf6wl the same: agaimt the lawfdl Crime of ag persons whomsoever. "Grantor" and 'Gratritee" are used far 9491tlatrr or plural, as context requires., $ent By: CLERK RECORDING; Agenda Item No. 17B January 23, 2007 941 774 8003; Jul-26-05 12:48PM; PaWpqp/g4 of 56 All: The Propeny bang cowwveyed WOW is araosnt, unitwwpFWW PtOPedY end is !rift the i1Mj*CW of or cwtigttous to the homeatad of Greg W Bl9k, h4 sPcftwaa or arty AmOY snewrtbars IN WIMM W>8ER OF. the sand { mvW has herwWO set Our frond awW seal the day and yar first 6M vKittewt. S*ed saw end ddivww in our Fv em: as Trostee 3818 Del a PnW0 B8tkv W P'rfifMt Name: Fr m ., �_— Catfc Cara:, Fkarida 33904 Gtq W. 6alt, PA., A Florkk axpasation Print N °� -' Greg W k'S& Pw=wdsatt 3818 Dd Pravda BOUkvawd • _ Cape Cori, Florida 33904 Print Name: { ^" Stmt of Fk n ids. ? )Ss'. cWly of Lee } The %pcgot* vatrumt was admawW* bafure mo this day of Novtnber, 7,002, by Gras Kr, T&O,. individually, as ThxMw &rid as PM idern of C3reg W P.A,, a Fbr& wsporet M He (X) is MUMMY bOww: to mn Or ( } has Vo&wd _��..__._. _ es idatt>fUattian. I►1ot&ty Pubbc, It Uw my cwM*sion V*= Prifd Notify N IV AAZlY wac rAv iU3M ffAn OF KQRlDA cxa�swora Nu onooa� • rxr. tµ Sent By: CLERK RECORDING, 941 774 8003; Exhft -A» Agenda Item No. 17B January 23, 2007 Jul-26-05 12:48PM; Pa9RaW35 of 56 * ** OR: 3159 rG: 1103 fn I'M South % of the Nonhweat , of Samar.+ 23, Town* 50 SMtk Rorke 26 East, Cam County, FW4 hu sad E=q* the Woo 100 feet *Kvuf of the Swthweg A of the Nat ivAnt 1fi of SCcdm 23, Tv%ngyp So SWt a public mm* 6 Ea e CORM , F ' =� m Okla! Rem* Book 2192, Page 2037, Coumy, l:lorids. 7ft NOM h of the Northwest' /, of the Nosthvvssi'f, of, SOCWM 23, T0wWjp SO South Rsrw 26 Eut ' Co'ba County, Flm'4 Leas Wd Except the Wet 100 fent MW the X th 30 fm t wmr The Sowrh % of the Noahvma' /, of the Notthweg % of &Xtioa 23, Towns}* 50 South p4v 26 Fast, Collier Cowq, Florida, Lfts WW F=ept the Wear 100 fat dmvof The Nort}xtt'!t oftM Nonhweac V, of 5e Won 23, Townstup 50 Ste, Ranp 26 Cv>lia County, Florida ro Farce l Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2004 Tax Roll Inquiry System Agenda Item No. 17B JaFapi12bf:j007 Page 36 of 56 OWNER INFORMATION PROPERTY INFORMATION Name: VISION & FAITH INC Parcel; 00433360003 I Acts: 18.08 Address: 7955 AIRPORT PULLING RD N tk103 Loc W2623 602,623 TRS-, NAPLES Address; Legal: 23 50 26 N112 OF NW114 OF Address: I Legal: NW 114, LESS W 100FT & N 30FT Address: Legal: Address: NAPLES, FL 34109 -1794 Legal: STATUS INFO. Non Ad Va:E • �J VALUE/EXEMPTIONS Market Value: 842500 Taxable Vat 842500 TAX INFORMATION PAY Nov: Lam: TERMS 10,788.34 10 78.49 Cau :3,506.40 Sdnool St: 3,192.25 Installment �� Mlilage Code: 07B School loc: 2,048.12 Jan: 10,990.64 Bankrupt :L` TDA: j� —� Homesld Ex: ® City Tax: 000 Fein Mar. 11,102.79 11,214.94 ridtr Ex �� Deperdk 679.81 Widow Ex: l� _J Water. 358 Apr: 0.00 Blind�� Independ: 1,344.80 Ma : .OD Disabled: Voier Appr. 0.00 Now Due: 0.00 Veteran Ex-I I MORY Ex: l� ` _J Gross Tax: 11,214.94 PAYMENT INFD Palo Ut : 03!31!05 �- -R,e pt: 3288 Pa mk 1 t 214.94 r tee; 0.00 Civitian "`I�� Advertisi :5.31 Mo►i: L�___.J Back to Search I Last Updated: 10/10/2005 5:00pm http : / /www..collieitax com/Record.Detail.asp ?FoliolD= 00433360003 &IaxYear = 10/11/2005 Reta: IHTIROFFICI: S GARCIA 3911700 OR: 4116 PG: 07n�Agenua Item No. 17B COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COIUNVTY, FL P 23 of 56 00 Page 37 of 56 2600 H HORSESHOE DR CDIS BLDG 1010312006 at 03:29FK DWIGHT E. BROCI, CLERd NULLS FL 34104 �J CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, \ COLLIER COUNTY, FLORIDA, V Petitioner, CEB NO. 2006 -61 vs. TOLL RATTLESNAKE LLC, Respondent FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing testimony under oath, received evidence, Findings of Fact, Conclusions of Law, an I . That Toll Rattlesnake LLCM is thle 2. That the Code Enforcement "r, Respondent, having been duly notiered'Aap Stipulation. That the Respondent was notifiedoflj [h& Bo� on 5epte r respective to ate of the Board, as fol at 1h public hearing date of hearing by cei 28, 2006, and the Board, having heard priate matters, thereupon issues its 1 the Respondent and that the son;:4nO by counsel and entered into a and by posting. N 4. That the real property located at the South Eas corner-alt,theinte section of Collier Blvd. and Rattlesnake Hammock Road, Naples, Florida, Folio Numb er'004333'50003 niore.paiticularly described as (see legal description), is in violation of Collier County Ordinance U =47; the Land Development Code, as amended, sections 10.02.06(B)(2)(a) and 10.02.06(13)(2)(d)(ix), in the following particulars: Off premise sign without required permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0 -55, and the Stipulation of the parties, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(2)(a) and 10.02.06(Bx2)(d)(ix) be corrected in the following manner: I. By re- submitting a variance application with all County identified issues being addressed by November 11, 2006. 2. By obtaining all required permits, inspections and Certificate of Occupancy upon variance approval, or remove the sign, all supporting structure and all electrical components, should the variance be denied or if the OR: M914 2 �7 Page 38 of 56 applicant abandons the variance petition. Aforementioned requirements must be met in either case no later than April 27, 2007. 4. That if the Respondent does not comply with paragraph 1 above, then there will be a fine of $150 per day for each day thereafter the variance is not submitted. 5. That if the Respondent does not comply with paragraph 2 above, then there will be a fine of $150 for every day thereafter the violation remains. 6. The applicant must stay inconstant communication with Code Enforcement investigator to report the progress of the variance. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $529.66. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 2 Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) he foregoing instrument was 2006 Justin DeWitte, Acting Chair personally known to me or _ Donna L• Modugno ter - Commission9DD234494 - Expires: Aug 18. 2007 Bonded Th C, Inc Adanuc Bonding a / CEDE -�N COLLIER ZA ledged before me this ,')'de Enforcement Boa NOTKRY PUBLIC My commission expires: at Collier County, T BOARD g t-nair e Drive da #Y of r FcoI'(ier County, Florida, who is Zr's License as identification. Agenda Item No. 17B January 23, 2007 OR: 4116 PofeVi 0166 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to Toll Rattlesnake, LLC, Ralph Reinert, 28341 Tamiami Tr., Ste. 4, Naples, Florida 34134 and to Richard YovVpvich, Es , G lette, Coleman and Johnson, 401 Tamiami Trail N., #300, Naples, Florida 34103 this ' 3ay of TI P% , 2006. 167 �-Z,�tu >�7 ,Z� lzz� M: Je tYRawson, $sq Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 , .: C( t\ ts'e ;; '— ;";rtiUM :ounty of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy of a ooc'Umcrt on the in Board Minutes an-3, F os Collier Count) SS my �G.._ day of wthis DWIG%H�T� E. BROGK, CLERK OF GOl1RTS' RY: l � ';'. ... D.Q BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Toll - Rattlesnake LLC OR: 4f t0i m610rB Page 40 of 56 CEB NO. 2006-61 DEPT NO. 2004040732 Respondent(s), STIPULATION /AGREEMENT rocs �+V , t> In 1.L 9�V S1aN J kLVr P p 6 �+' r of X j 6R- of ToU- !U c* CESNKtt� COMES NOW, the undersig d,PPeTaE� �� T °w �L v� "`�'T�� ,G�,�e�s.c�P K� �t „r- Toll- Rattlesnake LLC as representative for Respondent and enters into this Stipulation and Agreement ith Collier County as to the resolution of Notices of Violation in reference (case) number 2004040732 dated h 11thday of July, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 28, 2006; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the reference" ogt[i�oT- ,Violation are accurate and I stipulate to their existence. 2) The violations are that of �eAiari(s) 10.02.06(b)( 2)(a} `an� 10.02.06(b)(2)(d)(ix) and are described as Obtaining perm THEREFORE, it is agreed shall; 1) Pay operational costs in the'emount of $529-66 mc&ed imthe prosecution of this case. 2) Abate all violations by: s f Re- submitting variance app\kcarna with all County ide 'fief issues ing addressed by November`t 11"', 2006 or a $150.00 dollar`a '.49y one -will _1 or everyday variance is not sub ' WA Obtain all required permits, inspecfi" s aru .:- Certificate of Occupancy upon variance ap rova�or remove sign, all supporting structures, all electrical components, should the variance be denied or if the applicant abandons the variance petition. Aforementioned requirements must be met in either case, no later tha pril 27t",, 2007, or a $150.00 dollar a day fine will be imposed for everyday the violation remain Applicant a ode stay in constant communication with Code Enforcement Investigator to r ort the progress of variance. 3) Respond u no " ode forcement that the v' lation has been abated and request the Investig or to and orm a site inspectio . 0� Responden >V'slo— vice AzLTe Sorrels, Investigator date �cEs: aE,vT of oc — 0/2 oc Date a eTN6 e or- Toa-Michelle Arnold, Direc or date a CrKrrf D rA,r ?grlSNno AMJWI� L-1 roct,IeA CF -5aAKE C_ REV 1123/06 ij This Warranty Deed Prepared WITHOUT OPINION OF TITLE BY Harold J. Webre, III, Esquire GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 WARRANTY DEED Agenda Item No, 17B 3702561 OR: 3MPu 41U66 RECORDED in OFFICIAL RECORDS of COLLIER CODKTT, FL 09/21/2005 at 02:35PN DWIGHT E. BROCI, CLIRL CONS 107700000.00 HC F1E 137.50 DOC-.70 753400.00 Retn: GOODLITTE COLEHAK IT Al 4001 TMI1XI TR K #300 NAPLES FL 34103 THIS WARRANTY DEED, is, s €� of September, 2005, between VISION & FAITH, INC., a Florida co ' wa A., OLL-RATTLESNAKE, LLC, a Florida limited liability compa5K ee, whose post o c s is 28341 S. Tamiami Trail, Suite 4, Bonita Springs, FL 3 34' The Grantor, in con d O 100 DOLLARS ($10.00) and • other good and valuable co si o ='t 1 `i t pa d by the Grantee, the receipt of which is hereby ackno g ' ' ld to the said Grantee and Grantee's successors and orever, "e o "o g c -property, situated, lying and being in Collier County, Flo ii wit: See Exhibit "A" attach r . o and incorpd Herein by reference O _ ea SUBJECT TO: a ad valorem an em 'real property taxes for the year of closing and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; (d) all covenants, declarations, restrictions, reservations or easements of record or common to the development; and (e) all matters described in Exhibit "B" attached hereto and incorporated herein by reference. AND FURTHER SUBJECT TO THE FOLLOWING: By acceptance of this Deed, Grantee, and its successors and assigns, shall be obligated to re- convey to Grantor, free from all liens and encumbrances and at no cost to Grantor, the property identified as Parcels 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 and 74 in the attached Exhibit "A" in the event that the principal balance of the Promissory Note this date given from Grantee to Grantor, as evidenced by the Purchase Money Mortgage recorded of even date herewith, is reduced, as more particularly . described in Sections 2.2(bXviii) and 2.2(e) of that certain Agreement for Purchase and Sale between Grantor and Grantee dated June 21, 2005, as amended. Grantor agrees that if the events described in said Section 2.2(bXviii) Wanwity Dead Page N o. 1 of 2 0 rn b 0 0 r-j J OWN Agenda Item No. 117B OR. 389 �elt 9 °6 that would cause the principal balance of such Promissory Note to be reduced do not occur (i.e., there will be no reduction in the principal balance of the Promissory Note), then Grantor will execute a release of these provisions for recordation in the Public Records. And said Grantor does hereby fully warrant the title to said property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has executed and delivered this Warranty Deed the day and year first above written. Signed, sealed and delivered in our vrssenc-e;--� 1 1 .Printed Name mess 2 - Signature Michele W. Ca Witness 2 - Printed Name FAITH, INC., a Florida its President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me on this *14-day of September, 2005, by Michael A. Taylor, as President and on behalf of Vision & Faith, Inc., a Florida corporation, who is _ personally %OPublic or whoX_ has produced F'1 X10 �n iS�eU 'is LAC as identificatiw. CA9W9 L - Signature MY COMMISSION i 14 1007 EXPIRES: X14 earq.eTnn,Notuy (SEAL) Michele W. Caswell Notary Public - Printed Name s:HaroldtTaylor Bates Group sale to Sembler.Warranty Deed7.doc warranty Deed Page No. 2 of 2 0 1!--1 o, 0 O • • D Agenda Item No. 17B auary OR: 3895a nbeMb56 Eabibit "A" (9 pages) Parcel 1: The S 1/2 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 11, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Parcel 2: The E 1/2 of the SW 1/4 of Section 1 ,, Parcel 3:� The SW 1/4 of the SW 1/4 of t e County, Florida, less the W 3D t,t Parcel 4: The S 1/2 of the SW 1/4 of e 1 4 c Collier County, Florida. ,. 13, Parcel 5: The W 1/2 of the NE 1/4 of the r 4 of Section 13, T Florida. Parcel 6: The SW 1/4 of the NW 1/4 of Section 13, "To � 26 East, Collier County, Florida. h, Range 26 East, Collier East 30 feet. 50 South, Range 26 East, , Range 26 East, Collier County, Range 26 East, Collier County, Florida. Parcel 7: The NW 1/4 of the SW 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. Parcel 8: The S 1/2 of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. Parcel 9: The N 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. Parcel 10: The N 1/2 of the NW 1/4 of SW 1/4 of SW 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida, less the West 30 feet and less the East 30 feet Parcel 11: The W 1/2 of the SE 1/4 of the NE 1/4 of the SE 1/4 of Section 14 Township 50 South, Range Z6 East, Collier County, Florida less the north 30 feet, less the south 30 feet and less the east 30 feet. O rn b O O r W, nj 401 Agenda Item No. 17B OR; 3895'aP e 56 Parcel 12: The N 1/2 of the NW 1/4 of the NW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Parcel 13: The N 1/2 of the S 1/2 of the NW 1/4 of the NW 1/4, Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Parcel 14: The S 112 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Parcel 15: The N 1/2 of the S 1/2 of the SW 1/4 of the SW 1/4, of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet, AND the Westerly 80 feet of the S 112 / r . 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Flori ,-i -� -AN Parcel 16: The E 1/2 of the East 1/2 of Collier County, Florida. 4,y wnship 50 South, Range 26 East, Parcel 17: 4 € r ,� I The SW 1/4 of the NW 1/4 1 ,'S wn �p 50 Range 26 East, Collier County, �'* f Florida. , Parcel 18: The SE 1/4 of the SE 1/4 of Se c3wr Township 50 South, 6'East, Collier County, Florida. • • Parcel 19: The NE 1/4 of the NW 1/4, Section 14, T nge 26 East, Collier County, Florida. rn Parcel 20: 4? The S 1/2 of the SE 1/4 of the NE 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 21: The NW 1/4 of the NW 1/4 of the NE 1/4, Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 22: The NE 1/4 of the NE 1/4 of the SE 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 23: The N 112 of the SE 1/4 of the NE 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 24: The E 112 of the NW 1/4 of the NE 1/4 of the SE 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. • 0 Agenda Item No. 17B OR. 389�'ape 56 Parcel 25: The S 1/2 of the SE 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the Westerly 80 feet. Parcel 26: The W 1/2 of SW 1/4 of NE 1/4 of SE 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 27: The E 1/2 of the SW 1/4 of the NE 1/4 of the SE 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Parcel 28: All that part of Section 14, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 corner of thence along the east and west 1/ i ' '' East 2673.55 feet to the center of said Section 14 and the Point of Begi a parcel herein . ° thence along the north and so h section line North 00 05 st 1341.85 feet to the north line of the southwest 1/4 of the no eas 1 o sai "\ I, thence along said line North 7° '50 as 3 .. 5 feet o a poi i"on tine east line of the southwest 1/4 of the northeast 1/4 of said - thence along said line Sout 00 9 6" e r 1 4 Its '' ' f i f�on the east and west 1/4 section line; ! F thence leaving said line Sour ° "3` _ ' 7 t_ l r_ thence South D4 042'13" East 5 feet; thence South 43 012'04" West" feet; thence North 71 03136" West I,' thence North 77 °18'36' West 175: l thence North 63 02715" West 288.6 eQ� _ thence South 53 031'25" West 74.43 felt;.._ thence South 4105731" West 65.80 feet; thence South 16 001'06" West 80.79 feet; thence South 11 02601" East 73.45 feet; thence South 41 00547" East 146.55 feet; thence South 21 116'17" East 88.09 feet; thence South 07 151'12" East 154.74 feet; thence South 00 046'36" West 794.98 feet; thence North 45 046'05" East 94.58 feet; thence North 87 02218" East 342.87 feet; thence North 59 013'22" East 152.43 feet; thence North 69 10526" East 127.03 feet; thence South 82 053'39" East 101.37 feet to the east line of northwest 1/4 of the southeast 1/4 of said Section 14; thence along said line South 00 049'36" West 25.15 feet; thence leaving said line North 82 053'39" West 97.89 feet; thence South 69 005'26" West 116.64 feet; thence South 59 013'22" West 156.55 feet; thence South 87 022'22" West 339.63 feet; thence South 45 046'02" West 459.76 feet; thence South 68 050'21" West 190.24 feet; thence southwesterly 129.07 feet along the arc of a non - tangential circular curve concave to the O r—� b 0 w r Agenda Item No. 17B January 23. 2007 OR; 3895 npea8p356 southeast having a radius of 110.00 feet through a central angle of 67 0'13'47" and being subtended by a chord whlch bears South 35 013'27" West 121.79 feet; thence South 01 136'34" West 779.16 feet to the south line of said Section 14; thence along said south line South 87 039'37" West 74.85 feet to the point on the north and south 1/4 section line; thence along said line North 00 050'21" East 2683.10 feet to the Point of Beginning. Parcel 29: The N 1/2 of the NW 1/4 of the NW 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Parcel 30: The S 1/2 of the NW 1/4 of the NW 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Also less that portion described in Official Records Book 3241, Page 3460, Public Records of Collier County, Florida. Parcel 31: The NE 1/4 of the NW 1/4 of Se ownship 50 Sou �' ,26 East, Collier County, Florida. Less that portion described in id ecords Book 3241, Pag 6 ` Public Records of Collier County, Florida. Parcel 32:, JThe NE 1/4 of the NE 1/4 of e n 3, n i 3 0 h . ge 6 ast, Collier County, Florida. Parcel 33: The NE 1/4 of the NE 1/4 of 1/4 of the SE 1/4 m fi wnship 50 South, Range 26 East, Collier County, Florida., s" Parcel 34: The E 1/2 of the NW 1/4 of the NE 1 S@ "s South, Range 26 East, Collier County, Florida. ° �+ b Parcel 3 5: G] The W 1/2 of the NW 1/4 of the NE 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, • • Florida. v Parcel 36: The SW 1/4 of the NE 1/4, Section 23, Township 50 South, Range 26 East, Collier County, Florida. Parcel 37: The S 1/2 of the NW 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Also less that portion described in Official Records Book 2192, Page 2057, and less that portion described in Official Records Book 3241, Page 3460, Public Records of Collier County, Florida. Parcel 38: The NW 1/4 of the SE 1/4 of the NE 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida. Parcel 39: The N 1/2 of the S 1/2 of the SE 1/4 of the NE 1/4 of Section 23, Township 50 South, Range 26 East, • L • OR:Agpenda Item No. 1173 OR: 3895'age "456 Collier County, Florida. Parcel 40: The NE 1/4 of the SE 1/4 of the NE 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida. Parcel 41: The S 1/2 of the S 1/2 of the SE 1/4 of the NE 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida. Parcel 42: The S 1/2 of the N 1/2 of the E 1/2 of the NW 1/4 of the SE 1/4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida. Parcel 43: The NW 1/4 of the NE 1/4 of the NW 1/4 of the SE__ .,4 of Section 23, Township 50 South, Range 26 East, Collier County, Florida. ,, -, Parcel 44: The NW 1/4 of the NW 1/4 of Parcel 45: The SE 1/4 of the NW 1/4 of Parcel 46: The E 1/2 of the SE 1/4 of Parcel 47: The SW 1/4 of the NE 1/4 of 4 of the NE 1/4 of Section 24, Town ' Parcel 48: The SW 1/4 of the SE 1/4 of Section 24, Township SO South, Ong ''26 East, Collier County, Florida. T 26 East, Collier County, Florida. 3 Collier County, Florida. Township 50 Soutar,?'` � 6' East, and the W 1/2 of the SE 1/4 oath, Range 2 Ger County, Florida. , Range 26 East, Collier County, Florida. Parcel 49: The N 1/2 of the SE 1/4 of the NE 1/4 of the SW 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida. Parcel 50: The S 1/2 of the SE 114 of the NE 1/4 of the SW 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida. Parcel 51: The S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida. Parcel 52: The W 1/2 of the NE 1/4 of the NE 114 of the SW 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida. Parcel 53: The N 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida. O .sue I 0 J C.Tt r Agenda Item No. 17B OR. 3895'aWA,956 Parcel 54: The NE 1/4 of the NE 1/4 and the N 1/2 of the NE 1/4 of the SE 1/4 of the NE 1/4, Section 24, Township 50 South, Range 26 East, Collier County, Florida. Parcel 55: The NE 1/4 of the NW 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida. Parcel 56: The SW 1/4 of the NW 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida. Parcel 57: The East 1/2 of the SW 1/4 of the SE 1/4 of the SW 1/4 of Section 24, Township 50 South, Range 26 East, Collier-County, Florida. Parcel 58: The W 1/2 of the SE 1/4 of the SE 1/4 Public Records of Collier County, Floyd 24, Township 50 South, Range 26 East, Parcel 59: The E 1/2 of the SE 1/4 of th E 4 e.1/&. ion 2 T -nship 50 South, Range 26 East, Collier County, Florida. .._... Parcel 60: JThat part of Section 25, To i {5 h e P ' ast, a u}ariy described as follows: Beginning at a concrete mon t 'ing so c Section 25; run N D0013-20" E, 2722.27 feet to a concrete m ent marking the east art r 'i c ?.r f said Section 25; thence N 89 016'34" W 1822.92 feet; th 00 033'02" W 113. �¢ ` 5 88 056'47" W 1582.03 feet; thence N 03 018'24" W1451.30 he north line of sai Gtr` thence S 87 006'54" W 1919.74 - feet to a concrete monument me` ° orthwest cor Section 25; thence S 00 013'07" E 2636.89 feet to a concrete monume a corner of said Section 25; thence S 00 °13'07" E 2636.89 feet to a concrete ' n ;. t 'e'southwest corner of said Section 25; rn thence N 89 112'25" E 2693.13 feet to a concrete rn6nurrient marking the south quarter comer of said ..� Section 25; thence N 89 11225" E 2693.13 feet to the point of beginning. Together with an easement for roadway pursuant to deed recorded in Official Records Book 759, Page o 1696, Public Records of Collier County, Florida. rn Parcel 61: The SW 1/4 of Section 19, Township 50 South, Range 27 East, Collier County, Florida. Parcel 62: The S 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. LESS and EXCEPT: The West 1/2 of the NW 1/4 of the NW 1/4 of the East 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27, East, Collier County, Florida. ALSO LESS and EXCEPT: The West 1/2 of the SW 1/4 of the NW 1/4 of the East 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. 0 Agenda Item No. 178 January 23. 2007 OR: 3895 P@ge 087656 ALSO LESS and EXCEPT: The East 1/2 of the SW 1/4 of the NW 1/4 of the East 1/2 of the South 112 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. ALSO LESS and EXCEPT: The West 1/2 of the NW 1/4 of the SW 1/4 of the East 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. ALSO LESS and EXCEPT: The East 1/2 of the NW 1/4 of the SW 1/4 of the East 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. ALSO LESS and EXCEPT: The East 1/2 of the NE 1/4 of the the West 1/2 0 `y ` 1/2 of Section 30, Township 50 South, Range 27 East, Collier Cgon lorida. \ ALSO LESS and EXCEPT: The West 1/2 of the SE 1/4 th( South, Range 27 East, Collie i ALSO LESS and EXCEPT: / of Section 30, Township 50 The East 1/2 of the NE 1/4 of ih 4 of the East 1/2 of /2 of Section 30, Township 50 South, Range 27 East, Collier Cou ALSO LESS and EXCEPT: f The East 1/2 of the SE 1/4 of the NE 1/4 of the West 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. ALSO LESS and EXCEPT: The E 1/2 of the SE 1/4 of the NW 1/4 of the East 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. ALSO LESS and EXCEPT: The East 1/2 of the NE 1/4 of the NE 1/4 of the West 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. ALSO LESS and EXCEPT: The West 1/2 of the NE 1/4 of the NE 1/4 of the West 1/2 of the South 1/2 of Section 30, Township 50 South, Range 27 East, Collier County, Florida. O 7c! .sue rn b 0 v Agenda Item No. 17B January 23, 2007 OR: 3695 RG?.P- M7 71 J Parcel 63: (former Streeter land - Parcel 12 of survey identified as Project No. 2032) The W 112 of the SE 1/4 of the NW 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the North 30 feet. Parcel 64: (former Streeter land - Parcel 11 of survey identified as Project No. 2032) The W 112 of the NE 1/4 of the NW 114 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the South 30 feet. Parcel 65: (former Blocker land - Parcel 1 of survey identified as Project No. 2032) The W 1/2 of the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the West 50 feet. Parcel 66: (former Blocker land - Parce R' �`' oject No. 2032) `14 'the SW 114 Sectio �Fpwnship 47 South, Range 27 East, The E 1/2 of the SW 1/4 of the S , of Collier County, Florida, less the rth - 0 feet for road n 'fiat -o =way. Parcel 67: (former Blocker Ian P r;{ f `i � 2032) The East 1/2 of the NW 1/4 o e 1/ f s e t ; . 2 )T "kship 47 South, Range 27 East, Collier County, less the 'r d ' Parcel 66: (former Blocker land el 4 of survey ident R; o.2032) Ox The W 1/2 of the NW 1/4 of the S . l `' . the SW 1/4 of Se ownship 47 South, Range 27 East, Collier County, Florida, less the West' «feet reserved for road purposes. Parcel 69: (former Blocker land - Parcel 5 6f -s �. xed'as Project No. 2032) b The W 1/2 of the NE 1/4 of the SW 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the South 30 feet reserved for road purposes. o Parcel 70: (former Blocker land - Parcel 6 of survey identified as Project No. 2032) CX> The West 1/2 of the NW 1/4 of the SE 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the south 30 feet reserved for road purposes. Parcel 71: (former Blocker land - Parcel 7 of survey identified as Project No. 2032) The E 1/2 of the NW 1/4 of the SE 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the South 30 feet reserved for road purposes. Parcel 72: (former Blocker land - Parcel 8 of survey identified as Project No. 2032) The W 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the South 30 feet. r� • C� Agenda Item No. 17B January 23, 2007 OR: 3895 nge08�8 -56 Parcel 73: (former Blocker land - Parcel 9 of survey identified as Project No. 2032) The E 1/2 of the SW 1/4 of the NW 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the North 30 feet reserved for road purposes. Parcel 74: (former Blocker land - Parcel 10 of survey identified as Project No. 2032) The West 1/2 of the SW 1/4 of the NW 1/4 of the SW 1/4 of Section 26, Township 47 South, Range 27 East, Collier County, Florida, less the North 30 feet and the West -50 feet for road right of way. at� O .sue rn b 9 a Agenda Item No. 17B January 23, 2007 Page 52 of 56 From: Tears Jr, Clarence [mailto:ctearsjr @ sfwmd.gov] Sent: Thursday, September 14, 2006 2:11 PM To: NickCasalanguida @ colliergov.net; Robert Mulhere Cc: DTORRES @tollbrothersinc.com; ryovanovich @gcjlaw.com; MichelleArnold @colliergov.net; RayBellows @colliergov.net; Michaelderuntz @colliergov.net Subject: Re: Swamp Buggy Existing Sign Bob Mulhere, A Right of way permit may be required. Clarence Tears Clarence Tears Sent from my B1ackBerry Wireless Handheld SFWMD Wireless Email Solutions - - - -- Original Message---- - From: CasalanguidaNick < NickCasalanguida @colliergov.net> To: Bob Mullhere <rjm @consult- rwa.com >; Tears Jr, Clarence CC: David Torres <DTORRES@ toll brothersine.com >; ryovanovich @gcjlaw.com <ryovanovich @gcjlaw.com >. arnold m <MichelleAmold a colliergov.net>; bellows_r <RayBellows @colliergov.net >; deruntzMichael < Michaelderuntz (a�,colliergov.net> Sent: Thu Sep 14 13:32:19 2006 Subject: RE: Swamp Buggy Existing Sign Please consider this e -mail as a confirmation of no objection to the variance petition. Thank you, Nick Casalanguida Planning Manager Transportation Planning / Development Review From: Robert Mulhere [nlailto:rim Cl..collsult- rwa.com Sent: Thursday, September 14, 2006 10:31 AM To: ctearsjr @sfwmd.gov Cc: CasalanguidaNick; David Torres; ryovanovich @gcjlaw.com; arnold_m; bellows—r; deruntzMichael Subject: Swamp Buggy Existing Sign Agenda Item No. 17B January 23. 2007 Page 53 of 56 Clarence and Nick: We have been pursuing a sign variance from Collier County (to last for up to three years or until either Collier Boulevard or Rattlesnake Hammock Extension are improved (necessitating removal and relocation). I had previously emailed you regarding letters of no objection for this petition. As the sign, it is present location, falls within the canal easement and the future corridor of Rattlesnake Hammock Extension (please see attached exhibit), the County asked for the letters of no objection from County Transportation and Big Cypress Basin, prior to initiating the variance application review. There is a code enforcement case pending on this matter and we would like to toll that case pending the outcome of the variance request. Again. our variance request would allow the sign to remain for a maximum of three years, while we pursue approval of the Toll - Rattlesnake PUD /DRI. The PUD. /DRI proposes to relocate the Sports Park facility, and obviously if approved, the sign would be removed. We have also made provision to remove the sign should it become necessary in the event Collier Boulevard or Rattlesnake Hammock Extension improvements occur prior the requested three year variance period. I believe at present all that is required is an email form you in response to this email affirming that you do not object to the variance petition , given the conditions and limitations described above, in order to have the staff review commence on this petition. Since there is appending code enforcement action, I would appreciate an expeditious response. Thank you. (z cz a- 03 m x III Lj U Fr OICII 0 LLJ LLJ < E - 0 < > 0 X Li u 7 P-- z 0 < cl� ILI < > __j � z 0 _IVNV3 ONIL&XI dO 3 > U �z .4 L96 CIVO�J )\iNnoo --------- d-cri zo �oq d'0 3 — — — — — — — — — — — — — — — — — — — — T- LLJ < ------ — ----- — -- — --- — ------------ C'n Y LLJ < Z Z .. . ..... .. ..... c,n < cn Cf) O (D z II oil D > 0- C) w 0 _j / Li OICII 0 LLJ LLJ < E - 0 < > 0 X Li u 7 P-- z 0 < cl� ILI < > __j � z 0 _IVNV3 ONIL&XI dO 3 > U �z .4 L96 CIVO�J )\iNnoo --------- d-cri zo �oq d'0 3 — — — — — — — — — — — — — — — — — — — — T- LLJ < ------ — ----- — -- — --- — ------------ C'n Y LLJ < Z Z c,n OICII 0 LLJ LLJ < E - 0 < > 0 X Li u 7 P-- z 0 < cl� ILI < > __j � z 0 _IVNV3 ONIL&XI dO 3 > U �z .4 L96 CIVO�J )\iNnoo --------- d-cri zo �oq d'0 3 — — — — — — — — — — — — — — — — — — — — T- LLJ < ------ — ----- — -- — --- — ------------ C'n Y LLJ < Z Z Agenda Item No. 17B January 23, 2007 Page 55 of 56 RESOLUTION NO. 07- RELATING TO PETITION NUMBER SV- 2006 -AR -9400, FOR AN AFTER - THE -FACT SIGN VARIANCE FOR THE SWAMP BUGGY RACES /FLORIDA SPORTS PARK. THE SIGN VARIANCE REQUESTED IS TO ALLOW AN EXISTING NON - CONFORMING, OFF - PREMISES DIRECTIONAL SIGN TO REMAIN AT ITS EXISTING LOCATION FOR A PERIOD OF NOT MORE THAN THREE YEARS. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04 -41) 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 (BZA) has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after - the -fact sign variance to allow an existing, non - conforming off - premises directional sign (hereinafter referred to as the "Sign') to remain at its existing location for a period of not more than three years. The Sign is located on the southeast corner of Collier Boulevard and Rattlesnake- Hammock Road, as shown on a site plan attached as Exhibit "A." The BZA has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier Count}; and WHEREAS, all interested parties have been given the 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 SV- 2006 -AR -9400, filed by Robert J. Mulhere of RWA, Inc., representing Mr. David Tones of Tol]- Rattlesnake, LLC, with respect to the property hereinafter described as: Parcel 17 of Section 14, Township 50 South, Range 26 East of Collier County, Florida, be and the same hereby is approved for an after - the -fact sign variance for the Swamp Buggy Races /Florida Sports Park. The Sign may remain at its existing location as shown on Exhibit "A," subject to the following conditions: 1. The Sign shall be allowed to remain in place until the earlier of the permanent relocation of the Swamp Buggy venue or upon written request by the Collier County Transportation Division to accommodate improvements to Collier Boulevard or Rattlesnake- Hammock 1 of Agenda Item No. 17B January 23, 2007 Page 56 of 56 Road. In any event, unless otherwise extended by this Board, the Sign must be removed no later than three years from the date of this Resolution. All costs associates with the removal or relocation of the Sign shall be borne by the applicant; 2. A right -of -way permit, if required, shall be secured within four months from the date of this Resolution; 3. A building permit application shall be submitted to Collier County within four months of the date of this Resolution; and 4. Required landscaping shall be planted around the base of the Sign. A planting plan shall be submitted to Collier County with the building permit application. The Applicant may utilize manual irrigating techniques if the planting plans include xeric or drought tolerant plants. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2006 -AR -9400, Swamp Buggy Sign Variance, be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 2007. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney 2 of 2 , CHAIRMAN