Resolution 1998-295
RESOLUT10:-; 1'0. 98--lli
8 B 2 ~...~
A RESOLUTIO~ OF COLLIER COUI'TY. FLORIDA, PURSUA:'IT TO SH.iION 1.
18.1 A~() \.18.7 OF COLLIER COU:'\TY ORDI:'\.\:'\CE :'10. 96-6, AS A~It:N()t;D.
EXERClS\:\G TilE BOARD OF CO~IMISSIOI'ERS POWER TO II'TERVENE AND
ASSU~IE JURISIlICTION OVER ANY MATTER PERTAINING TO PRIVATE
1'0:'\EXE.\IPT WATER AND WASTEWATER UTILITIES UNDER TilE
REGULATORY JURISDICTION OF TilE COU.lER COU:'\TV WATER ANIl
WASTEW.HER AUTIIORITY. EXERCISING TilE BOARD'S AUTIIORITY TO
E~TER I~TO ,\GREE.\IE:\TS WITlI PRIVATE UTILlTlt:S FOR ,\:\V LEGAL
PURPOSE: ""PROVII'G ORANGETREE UTILITY COMPANY ,\S WATER AIm
WASTEW,HER SER\'ICE PURVEYOR FOR TWI:'I EAGLES ()E\"t:LOP~IE:-<T,
U~()ER TilE TER~IS OF SECOND AMEND~IE;",;T TO AGREEME;",;T BETWEE:-<
ORA:"GETREE UTILITY COMPANY AND COLLIER COVliTY BO,\RD OF
CO\I~IISSIO~ERS AS TilE GOVERNING BODY OF COI.L1ER COU:'ITY AND AS
EX-OFFICIO TilE GOVERNING BOARD FOR TilE COLLIER COU:'iTY WATER.
SEWER DISTRICT.
\\'IIERE:\S. ('nllicr County Rcsohllion ;\('1, 96.104. excluded Collier CUlll11)' from the
pro\'Lsiol1S llf ('h;lplcr 3(li. Florida Statutes, thereby assuming specified suhjcct mallcr
jurisdiclion OH'f all non-exempt water and wastc\\'atcr ulilities operating in unincorporated areas
or Collier COllllty: llnd
WII ERE.\S. Collier Counly Ordinanee No. %-6. as amended. established lbe Collier
COllnty \\'ater mHl \\'a~tC\\ah:r Authority (AUTHORITY, with specllic powers iint! duties; :lnc.l
\n I ERF:\S. Section I-I S.I anu Section I-I S. i (lj Clllllt:r Cnunty Onlill<lIKC 1'0, 1)(1-(1,
as <.lnlendcd. :JlIlhOrl/CS this Board of Commissioners (BOARD) 10 intervene and assume
jurisJiction O\'cr .:.iny action before that AUTHORITY; and
WIIEREAS. the BOARD as lhe governing body or Collier County. tlorida. and Ex.
Oflicin thc (jovcrning 80ard of Ihe Collier County Walcr.SC\\ cr ~istrict is a P:lrty to First
A I1lclld n \I._'ll I 10 ..\grl.:cl1lclll between Orangclrcc Ulility Company (UTILlTYI and Collier Counly;
~lIld
WIIEHEAS. UTILITY is the holder or Water Certifieale No. 02W and Wastewater
Certificate i\u. 04S. issued hy the BOARD on Oetober IS. \996; and
WIIf:RL\S. TwinEagles Development Company. LTD (DEVELOPER) i. developing
;m ;m:;! that is l1\llsidl.: orlhe UTILITY'S certificated area: and
\VIIEREAS. DEVELOPER pas requested water and \....aslcwntcr service from UTILITY
to the arc;!. 10 he de\'eloped; and
WIlf.Rf.AS. UTILITY desires to provide tbe requested waler and wastewater seryiee 10
DEVELOPER: ami
8 B24.
WIIEREAS, pursuant to Section 1-21 of Ordinance No. 964), as amcndcd, when
considering a decision whether a private utility may extend sca'icc outside oFits certificated area.
BOARD has considered whether:
1. Thc application ~or such sc~icc is made in s~d ~ailh.
2. Whether thc UTILITY has su~cicnt rc~urccs to provide sca'icc to sclc thc extended area.
3. Whether the Utility system h~ su~cicnt utility capacity to scm'c Ire proposed area as
requested.
4. Whether such sca'icc will prot~t thc public hcalfl~, safely and welfare.
~. Whether thc ~pplicalion conflicts with thc Coumy's I~al comprehensive plan, includin~
capit~l improvement clcmcnts; and
WItEREAS, thc proposed Second Amendment to Agreement Between UTILITY and
COUNTY. inco~oratcd herein as Attachment "A", extends the Ic~inafion date of said
a~rccmcnt one ~1) year, ~mm 2011 ~o 2012, and authofizm ~ILITY ~o provide specJfi~
qunntitics of ~ater and wastcwalcr sc~'icc Io thc DEVELOPER in an area thai is nutsidc of Iht
t?F1LI'F'~"S ccn ilicalcd area.
N()W. TIlEREFORE, BE IT RESOI.VED BY TIlE
COMMISSIONERS OF COI,LIER COUNTY, FLORIDA, that:
I.
2.
BOARD OF COUNTY
This application for scr~'ice has been made in good faith.
That upon payment to the UTILITY of Service Availability Charges as authorized by thc
UTILITY'S filed tariffs, the UTILITY will have sufficient monetary resources to provide Ihe
requested serxice to serve the DEVELOPER'S requested needs.
Tile UTILII'Y'S system will as of Dcccmbcr I. 1998. have sufficient utility capacity to serve
the DEVELOPER'S proposed area as requested.
Thc requested service will protect the public health, safety and welfare.
The application does not conflict with thc County's local comprehensive plan, including
capital improvement clcmcnls.
The Second Amendment to Agreement between UTILITY and COUNTY attached hereto as
Attachment '¥V' is approved.
This Resolution adopted after motion, second and majority vote favoring same this q'Tg day of
ATTEST:
DWIGHT E. BROCK, Clerk
D6puty~l}rk
Approved as t~m~ ~ngn iff.
legal ~ciency:~ /
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Thomas C. Palmer, Assistant County Attorney
This instrument ,.'as prepared
R. Bruce Anderson. Esq.
Young. van ~,sscnderp & Vam.',doe.
~0[ Laurel Oak Drive, .State 300
Naples. Florida 3410g
~941) 597-2814
2356103 OR: 2449 PG: 0430
~C tH 51.00
IIDIlll~ 2.00
COHIS il.00
THIS :",GREEMENT is made and entered into this/-j.~O~?day of {'~:3,.3',~ ,
1998, by and between ROBERTO BOLLT as successor trustee by virtue of the land
trust agreement recorded at O.R. Book 1347, Page 2331 of the Public Records of
Collier County. Florida, for Orangetree Associates ("Associates") nnd
ORA~NGETREE UTILITY COMP,.-~NY ("Utility'). TWINEAGLES
DEVELOPMENT COMPANY LTD. CTwinEagles"), a Florida limited partnership
and the BOARD OF COL~TY COM3,IISSIONERS OF COLLIER COUNTY THE
GOVERNENG BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COL.'NTY WATER-SEWER
DISTRICT ("County").
RECITALS
WHEREAS. tbr the purpose of this Agreement, the term "Associates"
represents and warrants that it is an owner and developer of a portion of the property in
the Orangetree PUD as approved by Collier County Ordinance No. 87-13; and the term
"Utility," is a Florida corporation that is licensed to provide water and sewer service to
the property owned by "Associates"; the term "TwinEagles" is a Florida limited
partnership that is the owner of property to be developed as a residential community,
the legal description of which is attached hereto and incorporated by referenced herein
as Exhibit "A": and the term "County" is the Board of County Commissioners of
Collier County the Governing Body of Collier County and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District; and
WHEREAS, Utility and County are subject to that certain agreement dated May
28. 1991 and recorded in O.R. Book 1623, Page 1539 and that amendment to the
agreement dated May 14. 1996 and recorded in O.R. Book 2183. Page 1517, all of the
OR: 2449 PG: 0431
Public Records or' Collier County, as well as Collier Count.,,' Ordinances Nos. 87-13F 8 ~
and 91-~3: and
WHEREAS. TwinEagles has requested that Utility provide water and sewer
service to Tv,'inEagles' property, and Utility is capable and willing to expand its
treatment facilities to provide such service upon the written co.,'aent of the County; and
WHEREAS. 'I'winEagles will construct THOSE water and sewer facilities
necessary within its development and to connect its development to the Utility's
treatment plants or existing facilities and dedicate those facilities to Utility; and
WHEREAS, TwinEagles will provide the Utility all necessary easements and
permits for maintenance and operation of the water and sewer facilities; and
WHEREAS. TwinEagles will pay to the Utilit.v all deposits, charges and fees as
required by the Utility's tariffs on file with the Collier Count)' Office of Utility
Regulation: and
WHEREAS. County is willing to consent to Utility providing the subject water
and wastewater service to TwinEagles' property., which is outside of the Utility's
certificated area.
WITNESSETH:
NOW, THEREFORE, the parties agree as follows:
'I'he above Recitals are true and correct.
The Agreement and Amendment to Agreement referenced in the Recitals by and
among Associates. Utility., and County are hereby reaffirmed in all respects except as
follows:
Section 14 is amended to read as follows to grant a one year extension to that
Agreement:
FORBEAI%-\NCE BY COUNTY. At the request of the Developer the County
hereby agrees and covenants to forbear making any formal request to serve the
Project and TwinEagles property with water or sewer related utilities, either
through assuming the operation of the on-site facilities or by causing the
connection to the County's off-site facilities until at least 2012 (being a one year
extension to the prior Agreement) and Amendment. Thereafter. the County
OR: 2449 PG:
0432
shall give one years' advance notice to the Utility. of its formal request to
provide or assume utilities services to the Project and TwinEagles property.
'Fhe County shall provide said utilities services to Project at the same time that
County utilities services are provided to TwinEagles property.
The Utility a~ees to complete, by December 1. 1998. construction of an
expansion of its wastewater treatment capacity to not less than 200,000 gallons per day.
and is hereby authorized to provide water and sewer service to the TwinF..agles property
as the boundaries thereof are described in Exhibit "A" hereto, utilizing the public rights
of way that are described in the attached Exhibit ~B". This Agreement authorizes
execution of those easements and delivery of those documents to the Utility. County
hereby grants ~o The Utility terminable water and sewer utility easements along the
public road right-of-way route described in Exhibit "B". Said water and sewer
(wastewater) utility easements shall be terminable by the County when the County
provides water and sewer services to the TwinEagles development and the easements
shall be substantially in the form attached as Exhibit "C". Provision of all such service
by Utility to the TwinEagles property shall be subject to all the terms and conditions of
the Agreement and Amendment to Agreement referenced in the Recitals, as further
amended by this Second Amendment to Agreement and subject to TwinEagles entering
into a Developer's Agreement with Utility that does not conflict in any way with the
terms of the Agreement. as now amended.
TwinEagles acknowledges that upon disconnection of its development
from the Utility's interim facilities and connection to the off-site treatment and
transmission facilities operated and maintained by the County that all owners of existing
properties or properties otherwise characterized as Water or Sewer Impact
Development shall be subject to the imposition of Collier County Water-Sewer District
("CCWSD") either water and/or sewer impact fee(s) as may be applicable. TwinEagles
shall notify all owners of property within its development of this potential obligation by
placing specific written notice of same in the restrictive covenants to be recorded for
the development.
OR: 2449 PG: 0433
TwinEagles is a signatory to this Second Amendment to Agreement for
the sole purpose of evidencing its request for service from Utility and to bind itself and
its successors and assigns to its obligations under this Second Amendment to
Agreement. The Agreement between Associates, Utility and County dated May 28.
1991 and the Amendment to that Agreement dated May 15, 1996, are hereby
reaffirmed to the extent that they do not conflict with this Second Amendment to
Agreement.
This Second Amendment to Agreement shall be recorded by the County in the Public
Records of Collier County.
IN WITNESS WHEREOF. the parties hereto have executed this agreement thisLtjt't't't't't't't't't-~''-
day of l:' q" . 1998.
WITNESSES:
Signature
Printe~ Name
Sigha6.r.e
_o
Printed Name
ORANGE~E UTILITY
COMPAN'Y. a Florida Corporation
4'.
By: .... ./<,-'"~ '-'
Signature ,
Printed Nam~
Title
STATE OF FLORIDA
COU%'TY OF COLLIER
r-, The foregoing instrumemxwas acknowl~.. _ before me this ~ day of
· ,~--~-~...:Cx_:.; ,<4~c, , lOOS. by ~t"<,~4'~U> ~"~,C,Nk"~- ,as
~>c ~' ,k C~-"<'.,V .. of Orangetree Utility Company, a Florida corporation on
behalf of the corporation who is _5,~ personally known to me, or ~ who has
.as identification.
Signature of Notary
(_'cc:', \
F?~iffd Name of Nott,-y
Notary Public - State of Florida
OR: 2449 PG: 0434'
8tt2
Commission No.'
ROBERTO BOLLT. as Trustee for
Orangetree ^sso~iates
Signature ~ ,
Printed Name
Title
STATE OF FLORIDA
COL.'NTY OF COLLIER
~.,.~oThe foreeoine instm~n~tit-,was acknowledged before me this L-\'~-'day of
Orangetr(e ~s~ia[es on behalf of ~e Trust who is ~rso~lly ~own to me. or. who
has pr~uced . ~ identification.
'¢'¥'Y'~:~ u~m~ ~ ~ __ /~_ ~. ~,
Nom~ ~blic - State of Florida
Co~ssion No.:
/
Signature
%~., ! 'ti,'
Printed Name
Signauarre
Printed Name
TWLNEAGLES DEVELOPMENT
COMPANY, LTD., a Florida
limited partnership
Pt~'m:d Name
Title
OR: 2449 PG: 0435
STATE OF FLORIDA
COL.'NTY OF COLLIER
The foregoing instrument was acknowledged before me this ,,., day of
" 1998. by %.,.,,,~., ik :' ; as
". ,. - of TwinEagles Development Company. Ltd., a Florida
limited partnership who is ,. perso_na_l_ly__kng.wn to me, or ~ who has produced
as identification.
/
signature ot motary Public/
?rimed Name o[ Notary
Commission No.: ,.,., :; ~ t 3
"ATTEST:
Dwight E. Brock, Clerk
"--'
Bv >,d'.:-
~ ty Clerk'"
tr'~n'~
signature
Approved as to form and
legal sufficiency._ ,
qS.,
Thomas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONEI~"'.
OF COLLIER COUNTY, FLORIDA, AS
GOVERNING BODY OF THE COLLIER
COb%'TY AND AS EX-OFFICIO TI{E
GOVERNING BOARD OF TIlE COLLIER
COUNTY WATER-SEWER DISTRICT
B~RB'AR~-B.'I~ERf2~' CH~
TWINEAGLES
OR'
2449
PG: 0436
Soaim 20, Town.9~ 48 Sou-th, ~ 27 Faust k:~ an4 ~:,:~ th~ ~ I00 ~ ~ ~ ~ ~~
The N~ ,A o~ f~: S~ %4 ofth: N~ ~4 AND '
EXHIBIT "A"
PAGE 1 of 2
OR: 2449 PG: 0437
EXHIBIT "A"
PAGE 2 of 2
TOTI::t P. 83
TWINF~
LEGAL D£SCRIFrlON
W~t~r .nd Sewer Conv~ Knutc
OR:
2449
PG: 0438
8B2
Ail 0£33 KD Av~. Nocthw~t in Ur~t 36 ofGolde~ C~t~ ~te~
S7 of thc txiblk r~cords of Collier County, Florida, AND
All of 33 KD Ave, Northwest in Unk 37 of GoMe~ C-ate F~ates as recorded in Pla Book 7, Pase
89 of thc public reCOrds of Colllcr County, Florida, AND
Thst portion of County Ro~l 846 lyin~ be~eea the North P, ight of Wty of said 33 RD Ave.
Northwest extended to the F.~ l~;ght of Way of Count7 Ro~ 846 mad th~ extension ortho South
Kilt of Way of Oil Well Rn~l ~ to th~ West Right of Wry of Cottm~ Puaad 846, AND
That poctioa of Oil We. Il P, oad bcgiming g the Fast Right ofW~,/of Camry P,o~1846 ~I
extending 4660.00 feet Easterb/, ~II lying in sxzl s pm of Sections 14, 15, 16 ~ad 23 of Townshlp
48 South, P.~nge 27 Etat, Collier Oaumy Florid&.
EXtllBIT "B"
PAGE 1 of 2
EXMIB IT "B"
PAGE 2 of 2
w^ r1~R t,'I'ILITY I; ~C~L!TI£5
*** OR: 2449 PG: 0440 ***
I The effectr~e date of ~s easement *S the -- clay of ~. 1998 This
easement ~s conveyed by COLLIF,R COUNTY, a Cx:gibCal sulxInns~ot~ of I~e Stale of FIor~a.
('GRANTOR') to ORANGETREE UTILITY COMPANY. a Florida ~abon. ('GRANTEE'). To ~
greatest ex-',ent a~owed by law. GRANTOR l',~'eby conveys to GRANTEE. and successom am:l/ot ass~ns
of GR. AJ'~TEE coq"p<:x-at~'~, a no~-exCtusrve easement fo~ GRANTEE'S watee and wastewater fec~ities to
5e constructed, used and maintained w~n I/~e easemenl area und~ I~e l:)ul~ic ro~l-nghts-of.way known
as (i} part of Od Well Road. (ii) part of Cc,.~ty Road 846, (J) 33'e Avenue Nortttwe~l of Unit 36 of Golden
Gate Estates. and (iv) 33'~ Avenue Nor'J'n~e$1 of Unit 37 of' Golden Gale Estate,~. all being in [)arts Of
SecUon 14, 1,5, 16 and 23. Townsh~3 48 ,South. Range 27 East. urm'K:oqx~ated Coaie~ County. The legal
descnot~ot~ of ~e easement rs On attached Ext~bit 'A'. No ~ of ~ easemen! area is wcd~in any
boundary of any mun~pal coq:x~at~:~n. If a COUrt should eve~ deter'mine I~ha! GRANTOR lacked full
authon~'! to convey m~s easement to GRANTEE as ~ntended. I~',,an ~rs ~eed shall be deemed to convey to
GP, AJ',ITEE. to the greatest extent a. owed by law. a license coupled wC, h a~ ~nterest. GRANTEE shall
r e~-,r~C th~-, e3,';cment ~n the pubtic records of Co~lier County.
2.
~m~ecc~ to
r~c
ackno~ge su~ te~rnat~. ~ eas~nt ~R ~so t~te a~t~ ~en G~TOR
:e~mes
~u~l~ r~s o[ Colber Count. O~ec~rse. ~e dura~ of ~rs ease~nt shall ~ f~ so I~g as ~e ro~
remains a rcaC ~t~[-way and any Of ~e subj~ utility ~i~s re~ m ~e ease~nl area and u~er
that r~C
3 GR.,,~TEE has pa~d GRANTOR Ten Dollars ($~QO0) lot
~r~s ~cr ;~ed. a~ all s~ss~s
fac:lines and thss ~se~nl and ~t unreas~aD~
way. ~ndud~ng any o~e~ pa~ grant~ ~SS tO ~y ~ ~ ~ ~ ~h ~ ~t ex~ts.
G~TEE w~ll al all times reside
ex~st~ p~ to ~s~s~. ~le~ ~ t~ ~ ~ ~ ~ ~ ~; ~ (2)
at no ~ to G~TO~ to r~te
a~ ~ su~ss~s a~ ass~ns, sh~ ~,
~y any ~cson(s). en~ ~ envies.
=re~e~ of any ol ~ese u~W f~ms.
~zs ease~nt. ~ut s~all remain un~
THE COUNTY OF COLLIER authorizes this EASEMENT to be created in its name by
ac'Jon ~f ~ts Board of Count' Commissioners. I0 be s~ned by its Chairman and be delivered to
GRANTEE
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY. FLORIDA
By: BY:
Oeputy C:erk
BARBARA B. BERRY. Chairman
ADproved as to Form and
Legal Suff'~ciency /
Thomas C. Palmer
Assistant County AL1omey
EXItIBIT C
tWIN IA¢il ! ~ ',t'A 1 t:1,~ ,~ ',V %~ll-
V,.'^IFRI IIIIIY F~(IIIIII:~,F^SI:MI:Xl
2356849 OR: 2449 PG: 2438
HCOIIDID in O??~ClAL RI¢O~D$ of CO~LII~ CO~I~, ~L
,~
1. The effective date of this eissement is the //';"/day.. of :' , ,.,,.--.~' ,'" , 1998. This
easement is conveyed by COLLIER COUNTY, a politi'"-'~l subdivisio~ ~e of Florida,
("GRANTOR") to ORANGETREE UTILITY COMPANY, a Florida Corporation, ("GRANTEE"). To the
greatest extent allowed by law, GRANTOR hereby conveys to GRANTEE, and successors and/or assigns
of GRANTEE corporation, a non-exclusive easement for GRANTEE'S water and wastewater facilities to
be constructed, used and maintained within the easement area under the public road-rights-of-way known
as ti) part of Oil Well Road. (ii) part of County Road 846, (iii) 33''~ Avenue Northwest of Unit 36 of Golden
Gate Estates. and (iv) 33'~ Avenue Northwest of Unit 37 of Golden Gate Estates, all being in parts of
Section 14, 15, 16 and 23, Township 48 South, Range 27 East, unincorporated Collier County. The legal
description of the easement is on attached Exhibit 'A". No part of the easement area is within any
boundary of any municipal corporation. If a court should ever determine that GRANTOR lacked full
authority to convey this easement to GRANTEE as intended, than this deed shall be deemed to convey to
GRANTEE, to the greatest extent allowed by law, a license coupled with an interest GRANTEE shall
record this easement in the public records of Collier County.
2. If GRANTEE fails within four hundred (400) days from this easement's effective date, to
commence to physically install tho subject water and wastewater facilities in the easement and under the
road righbof-way, then this easement shall automatically terminate and GRANTEE shall, at no cost to
GRANTOR. record in the public records of Colper County a quA-claim deed to GRANTOR, which shall
acknov/Iedge such termination. This easement shall also terminate automatically when GRANTOR
becomes owner of these utility facilities, al which time GRANTOR will record its ownership thereof in the
public records of Collier County. Otherwise, the duration of this easement shall be for so long as the road
remains a road ri§hr-of*way and any of the subject utility facilities remain in the easemenl area and under
that road right-of-way.
3 GRANTEE has paid GRANTOR Ten OoIlars ($10.00) for th,S easemer~t and GRANTEE also
agrees for itself, and all successors and/or assigns of GRANTEE corporation (1) to maintain lhe utility
facilities and this easement and not unreasonably interfere at any lime w~th any lawful use of ;h~. right-of-
way, including any other party Granted access to any of the property over which this easement exists.
GRANTEE will at all times restore Ihe road and ~mmediately surrounding area to as good condition as
existed prior to conslruction/installation, maintenance and/or repair of any of these utility facilities; and (2)
at no cost to GRANTOR, to relocate any and all such facilities as may from time-to-time be requested by
GRANTOR to facilitate repairing, relocating, realigning and/or widening the road right-of-way. GRANTEE,
aad its successors and assigns, shall indemnify, save, protect and hold GRANTOR harmless against any
loss, damage, injury, expense or debt (including attorney°s fees) claimed or asserted against GRANTOR
by any person(s), entity or entities, arising out of GRANTEE'S installation, use, maintenance and/or
presence of any of these utility facilities. This indemnification shall not be extinguished by termination of
this easement, but shall remain until the longest relevant statutes of limitations has run out.
THE COUNTY OF COLLIER authorizes this EASEMENT to be created in its name by
action of its Board of County Commissioners, to be signed by ils Chairman and be delivered to
GRANTEE.
ATTEST:
DWIGHT E. BROCK, Clerk
By:~
Approved as to ~-orm ana
Legal Sufficiency !
Thomas C. Palmer
Assistant County Attorney
Tvan Eagles Water and Wastewater Facilities Easement in pubhc road right-of-way
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:~
~ DESCP, IFrlOH
OE~te Wsi~' ~ $~ cen~
OR: 2419 PG:
2439
All of 33 I{D A',~.. Northw~ b Unl% 36 of Golden Gat: E,~t~ ts r~,ordod in Pla Book 7, Pa~e
i~7 of'thc ~bli~ rb~rds ofCoillcr C~,mt3r', Florida, ~
,Mi 0£33 RID Avg, l',forthwesi k,i Unit 37 of Golden ~ F. staxes a.s _recorded in PI~ Book 7, Prise
S9 oftl-~ public r~.o~s of Collier County, Florida, ~
That poaion of Coun~ Ro~1846 ~ betweea it~e Hocth Right of Wry of uid 33 P.D Ave.
Northwest extended to tl~ Fast lt;~n of Way ot'Cotm~ Roag ~46 and the exie~/on ofthe South
Righi of Wzy of Oil Welt Road extended to rite West ~!~! of W~ of Coonty lamd 8~6, AND
T~ poction of Oil Well P. oad beginnin~ ~t 0~e E~ ~Sht ofW~y of~ ~ ~46 and
{:xieacih~ 4660.00 feet Easterly, gl ~ in ang · part of S__,x~_'ons 14, 15, 16 ~ 2:1 dTownggp
South., l~so z7 East, Collie- ~ Florida.
/ WHliam C. MaAzdy, P.$ 3~L
;
EXHIBIT "~"
PAGE I of 2
"* OR: 219 PG: 2440
I
PAGE 2 of 2
TO:
FRObl:
DATE:
SUB.IECT:
Collier County Board of County Commissioners
Barbara []err)', Chair
John Norris. Vice Chair
Tim Constantine
Tim t lancock
l'am Mac'kie
Florida Wildlife Federation
('oilier County Audubon Society
July 31. 1998
TwinEagles and Orange Tree Utility Company
August 4, 1998, Agenda Items: 8B(2) and Item 16A( i 6)
The Florida Wildlife Federation and Collier County Audubon Society are opposed to any
agreement between TwinEaglcs and Orange Tree Utility Company that will provide
TwinEagles with central water and sewer. We object on the following grounds.
1. Thc Growth Management l'lan Golden Gate Area Master [;lan prohibits, by reference,
Orange Trec Utility Company from providing services beyond the Settlement Area
District. (Attachments I and 2)
The C, oldcn Gate Area Master Plan states: "Agricultural/Rural- Selth'ment Area
District... consists of Sections 13,14, 23 and 24, Townsh¢ 48 S~uth, Range 27 East (the
former North Golden Gate SubdivisiotO, which w~ zoned and platted between 1967 and
1970. h~ settlement t~a [alixttil pertaining to the permitted ~es of this proper~, this
properO, has been 'vested '.fi~r the uses specked ht that certain 'PUD' by Settlement
zoning granted hy the CounO' as referenced bt that certain SETTLEMENT AND
ZONING AGREEMENT dated the 2~~ daf of Janua~,, 1986. By designation in the
Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area,
the Plan recognized the properO, as an area which is outside t~the Urban Designation
and which is current(v fiir removedJkom supportive services and facilities...Ps existence
will have no l~recedenlial value or t~fi'cl so fitr asjust~ing similar ttses on surrounding
or a4/ac'ent [;rol;c, rO,." (Emphasis added)
2. Thc Growth Management Plan Public Facilities Element, Sanitary Sewer Subclcment.
prohibits central sanitary sewer systems beyond the urban service area.
Policy 1.5. I. states: "Discourage urban sprawl by pe~wfftting central sanitary sewer
,~ystems on(v in the Designated Urban Area tribe Future Land Use Element of this Plan,
and in arett.v where the C'otmo, ]las legal commitments to provide facilities and service
otllsit& the Urban/lrea as qf the &tie qf adoption of this Plan."
~ EXHIBIT
Page 2
Policy 1.5.2 states: "The County will discourage urban sprawl and the proliferation of
private sector and/or package sanitary sewer treatment systems through the development
order approval process to insure maximum utilization of the existing and planned
facilities. No existing private sector or package treatment systems will be permitted to
add customers unless all Levels of Service Standarclx are met, and operations are in
cotformance with all DER permits."
3. The Growth Management Plan Public Facilities Element, Potable Water Subelement,
prohibits central water systems beyond the urban service area.
Policy 1.5. I. states: "Discourage urban sprawl by permitting central potable water
systems only in the Designated Urban Area of the Future Land Use Element of this Plan,
and in areas where the County has legal commitments to provide facilities and service
outside the Urban Area as of the date of adoption of this Plan."
Policy 1.5.2 states: "The County will discourage urban sprawl and the proliferation of
private sector and/or package potable water treatment systems through the development
order approval process to insure maximum utilization of the existing and planned
facilities. No existing private sector or potable water treatment systems will be permitted
to add customers unless all Levels of Service Standards are met, and operations are in
conformance with all DER permits."
4. In the Executive Summary prepared for the July 22, 1997, regarding TwinEagles
request to be rezoned to a "PUD" Planned Unit Development, the memo states "The PUD
document structures three alternative ways of providing a potable water supply and
sanitary sewers to each of the individual housing sites and golf course facilities... The
alternative provision authorizing connection !o the Oran. getree Sewer and Water System
in the opinion of staff was found to be ineonmstent w#hm these utility, elements of the
GMP... Il should be pointed out that staff review of the Orangetree settlement agreement
advised a limited geographic boundary for the development, therefore, it follows that any
extension o futilities outside the boundary would be inconsistent with the Settlement
d~reement." (Attachment 3) (Emphasis added)
5. In a June 2, 1997, memorandum to the Collier County Planning Commission, staff
wrote TwinEagles "lies outside the Collier County Water and Sewer District boundaries.
77w PUD document structures four alternative ways of providing a potable water supply
and sanitary sewers to each of the individual housing sites and golf course
facilities... Except for well~septic sl~stems, other alternatives identified would not be
consistent w#h the sewer attd water element of the GMP. Current sewer and water
element policies dr) not provide for any type of connection to Collier County utilities for
on-site package treatment plants and water system or in the opinion of staff wotdd allow
expam'ion ora/)rivate system in the non-urban area. "(Attachment 4) (Emphasis added)
Page 3
6. TwinEagles does not abut Orange Tree Utility Company's legal boundaries. In fact,
TwinEagles is located almost three miles beyond the legal boundaries of Orange Tree
Utility Company. (Attachment 5)
7. An agreement between TwinEagles and Orange Tree Utility Company promotes
urban sprawl. Chapter 9J-5 states urban sprawl "means urban development or uses which
are located in predominantly rural areas, or rural areas interspersed with generally low-
intensity or Iow density urban uses, and which are characterized by one or more of the
following conditions: (a) The premature or poorlyplanned conversion of rural land to
other uses; (b) The creation of areas of urban development or uses which are not
functionally related to land uses which predominate the adjacent area... Urban sprawl is
typically manifested in one or more of the following land use or development patterns:
!caM'roe or scattered development.., or large expanses of predominantly low-intensity,
low-density, or single use development." (Emphasis added)
8. On July 6, ! 998, Orange Tree Utilities Company was notified by the Florida
Department of Environmental Protection of possible violations of law for operating its
waste treatment plant beyond its rated capacity. (Attachment 6) Presently Orange Tree
Utility Company is unable to provide service to vested projects (Collier County School
Board and Waterways Joint Venture) inside its legal boundaries.
9. In June 1997, during the EAR process Florida Department of Environmental
Protection (FDEP) issued the following opinion against Collier County's proposed
amendment allowing the expansion of package wastewater treatments plants such as
Orange Tree Utility Company into the Agricultural/Rural Designated Areas. The opinion
stated: "increased use of package treatment plants will enable development of isolated
pockets of land at urban densities throughout the Agricultural/Rural Designated Areas.
On-site sewage disposal may be more amenable in some of these areas. If correctly
installed in suitable soils and properly maintained in developments of lower density, .o.n-
site sewage disposal would pose no environmental or public health and safe~ threat_ to
Collier County's Agricultural/Rural Designated Area." (Attachment 7) (Emphasis
added)
It is important to note that Dr. Abdul B. Ahmadi, FDEP Water Facilities Administrator,
clarified on August 27, 1997, a letter dated June 27, 1997, that was solicited on behalf of
TwinEagles by MeAnly Engineering. The clarification states that the opinions expressed
in the letter were his, not FDEP's, and the letter "does not address appropriate land use
patterns and does not support any particular dens#y pattern... The letter was intended to
compare these various systems wit/tout regard to land use or population densi_ty."
(Attachments 8, 9 and i O) (Emphasis added)
Based upon the above points and accompanying documents, clearly individual wells and
septic are the only legal options available to TwinEagles Golfand Country Club.
Page4
The Florida Wildlife Federation and Collier County Audubon Society urge the Board of
County Commissioners to honor the Growth Management Plan and deny any agreement
between TwinEagles and Orange Tree Utility Company.
Due to the controversy associated with TwinEagles, we also ask that the request to
approve the final plat of"TwinEagles, Phase One" be removed from the Consent
Agenda, Item 16a(16), to allow full discussion by the Board of County (2ommissioners
and to provide an opportunity for public comments.
6434111
President
Collier County Audubon Society
592-7805
ATTACHMENTS:
Growth Management Plan Golden Gate Area Master Plan
Settlement and Zoning Agreement executed January 27, 1986
Executive Summary dated July 22, 1997
Staff Memorandum dated June 2, 1997
Map showing boundaries of Orange Tree Utility Company
Florida Department of Environmental Protection letter dated July 6, 1998
Florida Department of Environmental Protection OR(2 comments
Florida Department of Environmental Protection letter dated August 27, 1997
Florida Department of Environmental Protection letter dated June 27, 1997
McAnly Engineering letter dated June 23, 1997
Project shall be encouraged in the form of a PUD.
Commercial uses shall be limited to the following:
Automobile Service Station.
Barber and Beauty Shops.
Child Care Centers.
Convenience Stores.
2.
3.
4.
5. Drug Stores.
6. Food Markets.
7. Hardware Stores.
8 o
9.
10.
11.
Laundries - self service only.
Post Offices and professional offices.
Repair Shops - Radio, TV, small appliances, Shoes; and
Restaurants including fast food restaurants but not
drive-in restaurants.
Shopping Center.
Co
12. Veterinary Clinics - no outside kenneling.
Projects shall provide adequate buffering from residential
areas.
D. Projects shall make provisions for shared parking arrange-
ments with adjoining developments. .
3. AGRICULTURAL RURAL - SE ME AR DISTRICT
A. Settlement Area District
Consists of Sections 13, 14, 23 and 24, Township 48 South, Range 27
East (the former North Golden Gate Subdivision), which was zoned and
platted between 1967 and 1970. In settlement of a lawsuit pertaining
to the permitted uses of this property, this property has been
"vested,, for the uses specified in that certain "PUD" by Settlement
zoning granted by the County as referenced in that certain SETTLEMENT
AND ZONING AGREEMENT dated the 27th day of January, 1986.
By designation in the Growth Managoment Plan and tho Golden Gate Area
Master Plan as Sottlement
Area, the Plan recognized the property as an
area which is outside of the Urban Designation and which is currently
far removed from supportive services and facilities. Expansion of the
Settlement Area in terms of additional lands or dwelling units, shall
be discouraged. Its existence will have no precedential value or
effect so far as justifying similar uses on surrounding or adjacent
property. The Settlement Area Land Use District is limited to the
area described above and shall not be available as a land us~ district
for any other property in the County.
Doc. Ref: 4815IMA/GM
- 26 -
THIS SETTL£NENT A~D ZONING AGREE~£RT executed this ~
d~y of January, 19~6, by and between A.~. Df~Kg and
1, 1980 ('GAC'~, ~he Board of County Co~lsslonors of
County, Florida: a Su~lv~s~O~ Of the State of ~lo=l~a ("County-),
and A~TON GO~, as Trustee.('T=ustee-).
RECITALS
A. G6C is the bwner of the real property described
Exhibit 'A', ('Subject Property'} located ~n Collier County,
Florida.
B. GAC Corporation, t~e Prior Owner of the subject
property, Petitioned for an~ the C~un:y granted zoning on the
subject property ~ 1967 for a subd~v~sto, k~own as North Golden
Gate~ the uses of'which ~ncIude~ mo=e than e~ght thousand
residen:~al units, ex~ens~ve ¢o~erc~aZ and related activities,
canals, roadways, school s~tes and related uses for a p~anned
cO~un~ty~ and the same was pZa~ted ~ seven {7) units between
1967 and 1970, a~l of which were accepted by County and the Plats
duly recorded ~n the Public Records ~f Collier County, Florida.
C. In order to obtain sa~d zoning and p/at approval Erom
County, GAC Corporation was required to dedicate and convey
certain streets, parks and other property ~o the County and satd
dedications and. conveyances occurred during the zoning and
platting process.
O. Certain infrastructure ~mprovements, ~nclud~ng
drainage canals a~d roads, were made to the PrOpec~y after the
zoning and platting Process ~n accordance w~th and In reliance on
the approved develo~e~t pZa~ for the P~atted subdivision.
E. la ~981 and 1982, the County adopted a Comprehensive
Land Use Plan and Zoning Ordinance {Ordinances 81-70 and 82-2,
respectively} which redes~gnated and rezoned the property to agr~-
culture.
.... f ~k ~ea a czv~/ action . ~k-., ~ lnances 81-70 and
~uzzze~ county, *aoec1E1cat~ ~.~".~"e.~zgcult Couct tn an
~, .Case ~umbec 82-394 nj ""u bz ~}datin Trot v~' Col
designs:ed uses of the Subject ~ ~uncy ~o ¢~ange the
~ro~e:~y, cZa~mlng that GAtes
rights had vested because of 1ts =eltance on the approved zoning
and Platting.
G. Trustee has entered Into a contras': with GAt to pur-
chase said North Golden Gate (Sub~ect Proper:y}, sa~d
being contingent upon Buyer being able to ob:al~ zoning contract
and other
perm/ts necessary ~or a Planned development, consisting of'exten-
sive agrlculturaI uses, Iow density resldentlaZ uses and m~nor
commercial uses.
H. Trustee has requested and County has agreed to zone
the 'Property to 'PUD by Settlement- at a r~uZar/y scheduled
meeting on :he 27th day of August, 1985.
I. The County has agreed to the rezontng of :he property
:o "PUD by Settlement- ~n accordance with the provls~ons
tho Zoning and Development Document (Exhibit "B") based on
E1ndlng that the Proposed project would have fac Zess Impact on
councy and ceg[ona~ Eacll/ttes and :he environment than the
°=~91nal North Golden Gate subdtv~slon.
8B2
~ ~ ~u UUI~O0
" OR BOOK PAGE
J. Based on the County's rezoning of the subject property
.' an~ Trustee's agreement to Purchase the same, GA¢ has agreed to
dismiss its lawsuit against County re~erenced here%ri.
K. GAC had imposed certain restrictive covenants and use
~estrlctlons on the Subject ~operty, which would con'iici'and
inter,ere with the Proposed ?1armed Development ~or the property.
MO~, TgE~E~O~ In considerat~on o~ the respective
mutual releases~ covenan~s~ cond%tions an~ promises herein con-
rained, the parties agree aa ~ollo~s=
1. The Parties a~opt and confirm the rec%tals as if set
~o~th ve~batl~ In this Pa'ragraph. '
2. '[f~ectlve upon the County's rezonIng of the subject
p~operty PUrsuant to the ~on~ng ~nd Development Document attached
hereto as £xhtbit "B"~ G~C an~-Countx each releases the other [rom
an7 and all claims and causes o~ action in connection with the
subject matter o~ that certain %awsuit presently pending in the
Circuit Court o~ the ~en~[eth ~u~%c%a! Circuit ~n and for Collier
County~ ~lorida~ style~ GAC'~[~u~dat~n~ ~rust vs.'Collier Countz~
Case Number 82-394-CA-0~ &n~}ud%ng a%'Z c%aZms asserted
party against the other and any and all claims that could have
been asserted ~n such action by ~eason o~ the zoning, platting and
changes In the Comprehensive Land Use'Plan and zoning on and Eot
the p~operty described in Exhibit "A" hereto.
3. GA¢ and County have agreed to cause their respective
attorneys to secure dismissal with Prejudice o~ ~he lawsuit here-
~o~ore described and the Court's approval of ~his Settlement and
Z°nln9 Agreement~ each part~ to bear its own cost and attorney,s
~ees.
4. County agrees that its execution o~ this Agreement and
adoption o~ the attached Resolution constitute its grant o~
rezontng to "PUD by Settlement- in accordance with the ~onlng and
Development Document made a part hereo~ as Exhibit
5. County agrees to amend the Land Use Hap and Collier
County Comprehensive Plan to redeslgnate the land use Eo~ the
PrOperty £n a manner which would accomodate the P~Oposed uses
thereoE set ~orth tn Exhibit "8" to a designation o~her than
"Urban", and Trustee agrees to Eull~'cooperate with County in this
regard. The proposed change in the Land Use ~ap and Comprehensive
Plan shall not be a Prerequisite to Trustee"s develon~men~d oE ~he
Subject Property in accordance with the approved Zoni
opmen~ Document. a Dews1-
6. Trustee and GAO assert and .
~ld~ Oa~e" subdivision ~s "v~-~# _..~nt¥ agrees, that 'North
~orcs to oOtain m R~na;~m f--~? _~v .~ooperate ~%th Trus~ ,
.......... ~ oeccer o[ Interpretation ~rom t' ees
ne De-
partment of Community Al[airs ~lth the necessary amendment or mod-
£[Icatlon to Incorporate the Development Plan as set forth in
Sxhib£t "8" as being "vested" under Chapter 380, FlOrida Statutes
(1985).
7. County, Trustee, and GAC understand and agree that the
8].5 acres to be dedicated [or public use, as specified in Exhibit
, snail be made prior to the lssuan
~[~t on ~e. property. Trustee {urthe~e.~°J__~h~.~$rs~ building
~i~h ~he land and be binding on successor o~ners o~ subject prop-
.... ~ ~ sna&~ run
erty.
8 County and GAC agree to cooperate with Trustee tn the
vaca~£on ~ any road right-of-ways, drainage easements, Pa~k dedi-
cations, and other easements and dedications previously made which
are inconsistent with the proposed Development Plan (Exhibit
County speciE{rally agrees to cooperate in the vacation o~ the
seven ¢7) pla~s constituting North Golden Gate subdivision
pursuant to ~he Petition ~or Vacation currently ~Jled {or that
purpose. ,
0~1180 O015Sg
to cancel, vacate/.dischargl and release the Sub~ect Property from
any and all covenant, conditions and restrictions placed thereto;
and to executa and record the Vacation and Discharge of Covenants
and Restrictions attached as Exhibit 'C' and to take such other
actions and execute' such other documents as may be reasonably
necessary to effectuate tbs purposes of this paragraph. County
agrees tO cooperate in removing any land use restrictions
(covenants, conditions and restrictions) previously imposed on the
subject property by GAC in con~unction with its proposed
deve2opment of North Golden Gate.
IH WZTNESS WHER£Oe, the parties hereto have set t~eir
signs and seal~ on :he date ftrst above written.
ustee Undef~(;~'Ci'~u'i'd'atzng
Trust Dated Oct~/~l, 1980
Trust Oared October 1, 1980
BOARD Or COUNTY COMMISSIONERS
COGLIKR COUNTY, FLORZO~ .
TRusTEE
Acknowledged before me' by A.H. Blake, Trustee under the
GAC Liquidating Trust dated October I, 1980, on this ~day of
~ly co~tsslon expires~
Ac~now%edged before me by THEODORE C. 8LACK~ Trustee under
the GAC L~qu~da~Lng Trust dated October 1, 1980 on th~s ~day
My co~lsslon expires: .:.
STATS OF Fr.oRIDA
COUNTY OF COLE, IER
0~1180 001580
OR-BO0~ P~GE
882
this ~,~.~ o.~_ ~u?~¥21 slon~,ce, Collier County.
~ - . ~__~ I~. ~ ~.. .~' '..
~ O-- ..: .... .
. .. _.~z ;...~ .
Sta~e of Florida at Large.
My Co~lsslon gxpires~
STATE OF F~ORZDA
COUNTY OF __~&OE_ =_-
Acknowledged before
__ 3rd day of February
, t
OR BOOK P,4GE
E. %4ATER & SEWER
1) Water Facilities - Developer shall provide sn on-site
~ota~ie water source and shall construct an on-site
potable water treatment plant and distribution system.
The system shall be designed and constructed, by phases if
desired, to serve all developed portions (agricultural
areas excluded) of the project% including flows adequate to
provide fire protection. All components shall be designed
and constructed in accordance with spplicable Collier
County and State of Florida requirements.
2) Sewer Facilities - Developer shall construct an on-site
sewage treatment plant and sewage collection system to
serve all developed portions except R-1 properties (one
acre S.F. sites). Exception of sewer service for the R-1
properties shall be permitted by the County contingent
upon, 1) Submission by the Developer of factual evidence
that the construction of approximately 240 single family
homes on sepuic systems will not have a significant impact
on the groundwater quality of the area and 2) Approval for
these installations by the County Environmental Health
Department. If the County finds that the installation of
septic systems for the R-1 properties will create an
enivornmental concern, the on-site sewage collection system
will be extended to serve these properties. Treatment
plant shall provide treatment levels, pursuant to Chapter
17-6.040(q), Florida Administrative Code, required to allow
use of treated effluent in the proposed on-site drip
irrigation system. All components shall be designed and
constructed in accordance with applicable Collier County
and State of Florida requirements.
During the time that the Developer operates the sewage
treatment plant, data required pursuant to County Ordinance
No. 80-112 showing the availability of sewage service will
be submitted for approval by the Utilities Division prior
to approval of the construction documents for the project
~nd for all building permits required. Copies of the
approved DER permits for the sewage collection and
transmission systems and the on-site wastewater treatment
facility shall be ~ubmitted upon receipt to the Utilities
Division.
9-4
8B2
OR BOOK PAGE
'3) Plans Approval - Ail construction plans and technical
specifications and proposed plats, if applicable, for the
proposed water distribution and sewage collection and
transmission facilities must be reviewed and approved by
the Utilities Division prior to commencement of
construction. Detailed hydraulic design reports covering
the complete water and 8ewe~ systems to serve the project
will be submitted with the construction documents for the
project. These reports shall list all design assumptions,
demand rates and other factors pertinent to the systems
under consideration.
Prior to approval of construction documents by the
Utilities Division, the Developer will present
verification, pursuant to Chapter 367, Florida Statutes,
that the Florida Public Service Commission has granted
territorial rights to the Developer to provide sewer and/or
water service to the project until the County can provide
these services through its water and sewer facilities.
Upon completion of construction the water and sewer
facilities will be tested to insure they meet Collier
County's minimum requirements, a comprehensive inspection
of the facilities made by the Utilities Division and
record drawings of the facilities filed with the Utilities
Division.
4) Facilities Ownership - It is understood by Developer that
Collier County may, at some future time, desire to serve
the project water and sewer services. To that end,
Developer agrees, at the time of formal request by Collier
County, to dedicate all treatment plant and dis-
tribution/collection system components in existence at the
time of request, to Collier County. Until such formal
request by Collier County, Developer shall own, operate,
and maintain all on-site water and sewer facilities.
Once the water/sewer systems have been dedicated to Collier
CcJnty, any required expansions to the on-site water
treatment plant or sewage treatment plant shall be the
responsibility of Collier County and shall be accomplished
as required to meet project demand, at the expense of
Collier County. All required expansions of the water
distribution/sewage collection systems shall be
responsibility of the Developer, and shall be designed and
constructed to Collier County and State of Florida
requirements. On completion of construction the facilities
will be tested to insure they meet Collier County's minimum
requirements at which time they will be conveyed or
transferred to the County, when required by the Utilities
Division, pursuant to appropriate County Ordinances and
Regulations in effect at the time conveyance or transfer is
requested, prior to being placed into service.
9-5
081180 08159
OR BOOK PAGE
'5) ~ights-of-wa~/Easements - All components of the water and
sewer systems that may be conveyed to Collier County
including treatment plants, shall be constructed within
public rights-of-way or on lands owned or controlled by
Developer for which Developer can provide utility easements
to Collier County. All water and sewer facilities
constructed on private property and not required by the
County to b~ located within utility easements shall be
perpetually owned, operated and maintained by the
Developer, his assigns or successors. At the time of
system conveyance Developer shall provide all required
easements.
At such time as Collier County discontinues operation of
the water or sewer plants, the use of plant site shall
revert to the developer and site utility easements shall be
vacated.
6) Connection to County Water and/or Sewer Facilities - All
~onstruction plans and technical 8pe"cificatiOns ralated to
connections to the County's off-site water and/or sewer
facilities will be submitted to the Utilities Division for
review and approval prior to commencement of construction.
Upon connection to the County's off-site water facilities,
and/or sewer facilities, the Developer, his assigns or
successors shall abandon, disman~le and remove from the
site the interim water and/or sewage treatment facility
and discontinue use of the water supply source, if
applicable, in a manner consistent with State of Florida
standards. All work related with this activity shall be
performed at no cost to the County.
Connection to the County's off-site water and/or sewer
facilities will be made by the Developer, their assigns or
successors at no cost to the County within 120 days after
such facilities become available at the project site. The
cost of connection shall include, but not be limited to,
ali engineering desig'~ and preparation of construction
documents, permitting, modification or refitting of sewage
pumping facilities, interconnection with County off-site
facilities, water and/or sewer lines necessary to make the
connection(s), etc.
9-6
OR BOOK PAGE,
Customers - All customers connecting to the water
~ion and sewage collection facilities will be
customers of the developer or the interim utility
established to serve the project until Collier County makes
formal request for dedication of the water and sewer
systems. At that time, the customers se=red on an interim
basis by the utility system constructed by the Developer
shall become customers of the County at the time when
County off-site water and/or sewer facilities are available
to serve the project and such connection is made. Prior to
connect£on of the project to the County's off-site water
and/or sewer facilities the Develope=, his assigns, or
successors shall turn over to the County a complete list of
the customers served by the interim utilities system and
shall not compete with the County for the service of those
customers.
The developer shall also provide the County with a detailed
inventory of the facilities served within the project and
the entity which will be responsible for the water and/or
sewer service billing for the project.
8) System Development Charges - During that period of time
that the water and sewer utility system is owned, operated
and maintained by Developer, Developer may charge a system
development charge to each connecting customer in an amount
as approved and allowed by the. Florida Public Service
Commission (PSC). Provided nonetheless, at the time of
formal request by Collier County for system conveyance,
then and from that time forward, the developer, his
successors or assigns shall pay syst~ development charges
to Collier County pursuant to County Ordinance in effect at
that time.
9-7
EXECUTIVE SUMMARY
PETITION NO. PUD-97-3, DWIGHT NADEAU OF MCANLY ENGINEERING AND DESIGN
INC., REPRESENTING SA_M~ R. COLOSIMO, TRUSTEE FOR TH]] ULTIMATE LA]CD TRUST,
REQUESTING A REZONE FROM "A" AGRICULTURAL AND "MHO" TO PUD TO BE KNOWN
AS TWIN EAGLES GOLF AND COUNTRY CLUB FOR A ~ OF 275 DWELLING
UNITS, FOR PROPERTY ON TH~ NORTH AND SOUTH SIDES OF IMMOKALEE ROAD
(C.R. 846), IN SECTION 17,20, 29 AND 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLOKIDA, CONSISTING OF 1,374.09 ACRES.
OBJECTIVE:
This petition seeks to have certain land now zoned "A" Rural Agricultural rezoned to a "PUD" Planned
Unit Development district classification.
CONSIDERATIONS:
The proposed PUD Master Plan and regulatory document outlines a development scheme consisting of
two 18 hole golf courses, other recreational amenities and 275 single family detached home sites. A
substantial portion of the site contains jurisdictional wetlands which are to be preserved totaling some
305 acres, however, as a consequence of mitigating certain environmental impacts additional
conservation areas will be established within the Commons/Recreation Area which comprises some
771 acres of land. Only 298 acres of the total acreage of 1,374 acres will be utilized as housing sites.
The proposed Twin Eagles Golf and Country Club project is located in the Agriculturally designated
area according to the Future Land Use Element of the Growth Management Plan. The FLUE as it
applies to land within the non-urban designated area does not establish an exclusive agricultural
environment and does authorize non-farm related housing provided the density does not exceed one
dwelling unit per five (5) acres of land. Equally as important in terms of structuring conditions for
non-farm residential development the GMP currently requires that private on-site systems for
providing wastewater disposal and potable water be provided (i.e. septic tanks and wells).
Those G?vl? policies, are, however, not so clear that they are subject to determination at least in the
case of whether or not density is to be determined on the bases of one dwelling unit requiring a five (5)
acre lot, or averaging five (5) acres over the gross area of all of the land included in the project. The
Collier County Land Development Code authorizes the Planning Services Director to make a finding
of consistency with GM? elements. The Planning Services Director has made a finding that the FLUE
allows density averaging over the entire ~re~ge of the project so that the gross density ora project not
exceed one dwelling unit per five (5) ~res, and therefore, allows clustering dwelling traits over the
project area on lots determined acceptable in the PUD. Should the Board of Commissioners similarly
determine the matter of density to include density averaging then this petition if approved is consistent
with the FLUE.
Relative to the matter of sewer and water utilities recent EAR amendments to the Gl
l~ authorize project centralized systems for providing wastewater treatment and potable
' 8B2
' Thc PUD document structm-es three alternative way~ of providing a potable water supply and .sanitary
sewers to each of the individual housing sites and golfcottrse facilities. Two of the three alternatives
are inconsistent with the GM1a as amended by the EAR amendments. The alternative provision
authorizing connection to the Orangetree Sewer and Water System in the opinion of staff was found to
~e {n, co. nsistent within these utility elemen, ts of the GMP. Nevertheless, the Planning Commission
,.,=:.oeo to. ap. pro,v,e .the P.UD .docum.ent retaining the provision for connection to the Orangetree Utility
system. It shout(a t}e pomtecl out that staff review of the Orangetree settlement agreement advised a
limited geographic boundary for the development, therefore, it follows that any extension of utilities
outside that boundary would be inconsistent with the Settlement Agreement.
As a consequence of planned highway improvement at Immokalee Road and C.R. 951 this petition if
approved was deemed consistent with the Traffic Circulation Element.
The development commitments section of the PUD contains conditions which when implemented will
ensure that requirements of the GMP and LDC are effectuated. Those which can be illustrated on the
Master Plan have been so illustrated.
The Collier County Planning Commission's recommendation includes their concurrence with the
finding for both PUD and standard rezones pursuant to Section 2.7.2.5 and 2.7.3.2.5 which form a part
of the Commission's approved staff report.
The Collier County Planning Commission reviewed this petition on July 3, 1997 and by a vote of 6 to
2 recommended its approval to the Board of County Commissioners as described by the PUD
regulatory document and Master Plan attached to the Ordinance of Adoption. The two dissenting
voters cited Urban sprawl as their bases for objection.
Several members of the public addressed the Commission including a representative of the
Conservancy of Naples and the National Audubon Society. Both recommended that more time and
study of the impacts were needed. Three other area residents spoke in favor of the rezoning action
while three letters in opposition to the project were received by staff.
FISCAL IMPACT:
This petition by and of itself will have no fiscal impact on the County. However, if this amendment
achieves its objective, the land will be developed. The mere fact that new development has been
approved will result in a future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new development on
public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public facilities. In the event that impact fee Ilia
collections are inadequate to maintain adopted levels of service, the County must provide suppleme~J~,~ltL
funds from other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
As described above the land use, density and intensity of development of the subject property were
deemed to be consistent with the FLUE to the GMP. Other related consistency reviews ',,,ere alno
found to be consistent by virtue of the way in which development conditions were
strategy devised for regulating the manner of development.
2
JUL 2 2 1991
In view of the consistency findings staff finds that there is no negative or other adverse impact
resulting from the adoption of this petition.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of
either final SDP approval, final plat approval, or building permit issuance applicable to this
development.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of PUD-97-3 as represented by the
proposed Twin Eagles PUD document and Master Plan. Further, that the PUD provide that in the
event the GMP is amended to allow package wast, water treatment plants and potable water supply
systems that their implementation be required, or otherwise be served with a sewer collection and
water transmission system as proposed in the Utility stipulations section of the PUD.
pREPARED $~y
R6NALD F. ~I'NO, AICP DATE
CHIEF PLANNER
REVIEWED BY:
ROB'ERT J. MULHERE, AICP DATE
CURRENT PLAN. G~G~__~AGER
DON--ALD~V. ~,RNOLD, AICP bATE
PLANNING SERVICES DEPARTMENT DIRECTOR
T A. CAUTERO, ADMINIST--RATOI~...) DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
PUD-97-3 EX SUMMARY/md
JUL 2 2 ;997
MEMORANDUM
TO:
FROM:
DATE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
IU'NE 2, 1997
RE: PETITION NO:
OWNER/AGENT:
PUD-97-3, TWTN EAGLE GOLF AND COUNTRY CLUB
Agent.
MeAnly Engineering & Design, Inc
5101 East Tamiami Trail. Suite 202
Naples, Florida 34103
Ultimate La. nd Trust
4099 N Tamiami Trail, Suite 305
Naples, Florida 34112
(/ames R. Colisimo, Trustee)
_REOUESTED ACTION:
This petition seeks to rezone certain property from "A o M]--IO" Rural Agricultural with a Mobile
Home Overlay to a "PU~D'' Planned Unit Development District.
.GEOGRAPHIC LOCATION:
The property consisting of 1,374 acres more or less lies in part on the north and south side of
Immokalee Road (C R 846) approximately three (3) mi]es east of C R. 951 in Township 48 South,
Range 27 East, Sections 17, 20, 29 and 30 (see location map following page)
PURPOSE/DESCRIPTION OF PROJECT:
The proposed PUD Master Plan and regulatory document outlines a development scheme consisting
of two 18 hole golfcourses, other recreational amenities and 275 single family detached home sites. A
substantial portion of the site contains jurisdictional wetlands which are to be preserved totaling some
305 acres, however as, a consequence of mitigating certain environmental impacts additional
conservation areas will be established within the Commons/Recreation Area which com~se.L~.~s so_me
771 acres of'land Only 298 acres of the total acreage of !,374 acres will be utilized aslhousi~ff~§~
JUL 2 2 1997
8B2 .r
SURROUNDING LAND USE AND ZONING:
Existing:
(North Tract) - The property has served in part as pasture land for the
raising of cattle, otherwise a number of vegetative communities and
wetland associated communities make up the remainder of the north
tract. The property is zoned "A-M/tO" Rural Agricultural With Mobile
Home Overlay.
(South Tracq - The property consists of a number of vegetative
communities and wetland associated communities. A small area served
as a cow camp area containing two trailers, and a storage building. The
property is zoned "A-MHO" Rural Agricultural With a Mobile Home
Overlay.
Surrounding' North -
East -
South -
West
On the north side of the property lying north of
Immokalee Road the property is contiguous to the
Golden Gate Estates Subdivision, which is zoned "E"
Estates and therefore allows residential development at
one dwelling unit for each 2.25 acres.
With respect to the north tract the property lies
contiguous to the Golden Gate Estates Subdivision.
The south tract (i.e. lying south of Immokalee Road)
lies contiguous to property zoned "A-N.fHO" which is
vacant.
Immokalee Road bisects the property and constitutes
the south side of the north tract. The south side of the
south tract is contiguous to the Golden Gate Estates
Subdivision.
The west side of the north tract lies adjacent to the
Bonita Bay Golf and Country Club which came about
as a result of approval of a conditional use within the
"A" Rural Agricultural district. The west side of the
south tract lies adjacent to areas zoned "A-MHO" are
some residential development has occurred on private
streets.
GROWTH MANAGEMENT PLAN CONSISTENCY:
Analysis for consistency with applicable elements of the Collier County Growth Management Plan
advise as foLlows:
Future Land Use Element - The property is designated Agricultural/Rural
Residential Subdistrict on the future Land Use Map of the Future Land Use Elem
advise as follows'
2
and Agricultural/
JUL 2 2 1997
The Agricuhural/rural land Use Designation is for those areas that are remote from the existing
development patterns, lack public facilities and services, are environmentally sensitive or are in
agricultural production. Urbanization is not promoted, therefore allowable land uses are of Iow
intensity. A limited selection of land uses other than Iow density residential and agricultural will be
permitted. Such uses include: essential services as defined in the most recent Collier County Zoning
Ordinance; parks, open space and recreational use; community facilities such as churches, cemeteries,
schools, fire and police stations; utility and communication facilities; earth mining, oil extraction and
related processing; asphalt plant as a Conditional Use as defined in the Collier County Land
Development Code (Ordinance 91-102 adopted October 30, 1991), provided that the asphalt plant is
compatible with surrounding land uses, is not located in a County, State or Federal jurisdictional
wetland area and any required buffer zone is not located within the Greenline Area of Concern for the
Florida State Park System as established by the Department of Natural Resources (DN'P,) or within the
Area of Critical State Concern as depicted on the Future Land Use Map, and is not located within
1,000 feet of a natural reservation; migrant labor housing as provided in the most recent Zoning
Ordinance; travel trailer recreation:al vehicle parks providing that the following criteria are met - the
site has direct access to a road classified as an arterial and the use will be compatible with surrounding
land use
Agriculturab'Rural - Mixed U~;e Di~;trict
~_~culturalfResidential Subdistrict - The purpose of th/s subdistrict is to protect and encourage
agricultura/activities while providing for iow density residential use in outlying areas. Residential land
uses may be allowed at a maximum density of I unit per 5 gross acres.
.FLUE - Pursuant to provisions of the LDC, agents for the petitioner requested an interpretation from
the Planning Services Director for the purposes of determining whether or not the above density
provision means one (1) dwelling unit on a five (5) acre tract ofland, or one (I) dwelling unit per five
(5) acres based on the gross area of the site. By communication dated December 2, 1996 the Planning
Services Director opined that the FLUE may be interpreted to authorize a density of one (1) dwelling
un.it per five (5) gross acre of the land area that comprises the application for rezoning. Therefore,
each housing unit site need not be a minimum offive (5) acres in area as long as other land area is set
aside as open space so that the gross density between development sites and open space area is equal
to or greater than one (1) dwelling unit per five (5) acres of land. Witkin this limited context the
petition is consistent with the FLUE.
Water and $.anitary Sewer Element - The proposed project lies outside the Collier County Water & '~
Sewer Distric~ boundaries The PUD document structures four alternative ways of providing a
potable water supply and sanitary sewers to each of the individual housing sites and golf course
facilities. These include private on-site systems (ie. wells and septic tank), installation of package
.t/
plants
ay'id
centralized
proiect
water
system, extensions and connection to nearest County facilities and :~
connection to the Orangetree Utility Company water and sewer system. Except for well/septic
systems, other alternatives identified would not be consistent with the sewer and water element of the
GMP. Current sewer and water element policies do not provide for any type ofcormection to Collier
County utilities or on-site package treatment plants and water r/stem or in the opinion of staff would
allow expansion of a private system in the non-urban area Specifically these polici ..t-armstated as /
follov,,s AC, SnO.a,.:Z~.
NO. ~
JUL g 2 1997
8B2 .
Policy 1 I 2.: (sewer) - Consistent with the urban growth policies of the Future Land Use Element of
this PI~ provision of central sanitary sewer service by the County is limited to the service areas
show'n in this Plan and to areas where the County has legal commitments to pro,,'ide facilities and
services as of the date of adoption oftkis Plan
Policy 1.1.4: (sewer) - Permit development of package sewage treatment plant systems only within the
Designated Urban Area of this Plan only in areas where County wastewater service is not currently
available, and allow same only on an interim basis until said County service is available. Allow
individual septic systems within the County only when connection to an existing central system is not
readily accessible to render service and note that where septic systems are allowed, and future County
Policy 1.2.2.: (water) - consistent with the urban growth policies of the Future Land Use Element of
this Plan, provision of central potable water service by the County is limited to the ser,.4ce areas shown
in this Plan and to areas where the County has legal commitments to provide facilities and services as
of the date of adoption of this Plan.
Policy 12.4: (water) - Permit development of potable water supply systems or indi,,4dual potable
water supply wells within the County only on an interim basis when connection to an existing central
system is not readily accessible to render service and require connection to the County Regional
System when available.
~endments to these utility elements provide for on-site centralized systems of sewage
treatment and collection and a co~mmon, portable water supply system with approval of the Board of
Commissioners. Specifically the~~d~Policies are stated as follows:
Objective 1.5:
The county will discourage urban sprawl and the proliferation of pdvate sector sanitary sewer service
suppliers in an effort to maximize the use of existing public facilities through the development order
approval process by implementing the following policies.
Policy I 5 1~
Discourage urban sprawl by permitting central sanitary sewer systems only in thc Designated Urban
Area of the future Land Use Element of this Plan, and in areas where the County has legal
commitments to provide facilities and service outside the Urban Area as of the date of adoption of this
plan unless otherwise approved by the Board of County Commissioners to address em,4ronmental or
public health and safety concerns
Policy 1.5 2
The County will discourage urban sprawl and proliferation of private sector and/or package sanitary
sewer treatment systems through the development order approval process to insure maximum
utilization of the existing and planned public facilities, unless otherwise approved by the Board of
County Commissioners to address environmental or public health and safety concerns No existing
private sector or package treatment system will be permitted to add customers unless all Levels of
Service Standards are met, and operations are in conformance with all DER permits,_
j AC~-.~' : ~.
t
~ ,JUL 22 1997
Therefore, should this amendment to the GMP be approved and should the BCC approve on-site
centralized utility systems then the development would be consistent with the sewer and water
elements.
TraP& Circulation Element - Policy 5. I of the TCE states that the BCC shall not appxove any request
that significantly impacts a roadway operating or projected to operate at an unacceptable level of
service unless specific mitigation measures are taken. Staff analysis indicates that by 1998, the trips
generated by this project will exceed the significance test on Immokalee Road (CR-846) both east and
west of CR-951. It also exceeds the significan~ test on CR-951 south of lmmokalee Road by 2001.
Furthermore, this segment of CR-846 is also projected to be deficient by 1999 or 2000 while CR-951
south of' Immokalee Road is expected to be deficient by 2005.
However, the planned road improvement to 4 lane this segment of CR-846 (from 1-75 to CR-951) is
planned to be completed by 2001. The scheduled 4 lane improvement ofCR-951 south of CR-846 is
projected to be completed by 2002. Lastly, the site generated trips on CR-846 east of CR-951 will
exceed the significance test but will not lower the level of service below it's adopted LOS "D"
standard. As a result of the planned road improvements, the capacity on the deficient segments will
increase thereby improving the LOS to acceptable levels at that time. When the existing plus the
committed road improvements are factored, all road segments within the project's radius of
development influence (RDI) will be operating at an acceptable level of service at the build-out of this
project. Therefore, the proposed rezone request is consistent with Policy 5. I & 5 2 of the Tratti¢
Circulation Element (TCE) of the Growth Management Plan.
Conservation Element - The project has been master planned to conserve identified jurisdictional land
and to mitigate those occurrences where jurisdictional lands are traversed with a roadway.
Additionally, the PUD document contains development commitments ensunng that development
activities '.,,'ill be in compliance with provisions of the LDC and State permitting requirements. It
should be noted that 305 acres or 22% of the to:al land area is set aside as "preset'ye" areas. This is
exclusive of another 771 acres of commons/recreation land, a portion of which, approximately 115
acres ,.~.ill also be set aside as conservation land. By design and by stipulation the project is consistent
with the conservation element
Open Space Element - More than seventy-eight (78) percent of the land area will be devoted to
qualif2,4ng open space and includes all preserves, conservation or other lands used for recreational
purposes. Additional open space will also be created with each building site. This is far in excess of
the sixty (60) percent which is required for residential PUD's, and is therefore consistent with the open
space element.
Storm Water Management Element - The conceptual water management plan submitted with the
application and developer commitments attest to a finding of consistency with the Storm Water
Management Element.
No other elements of the GMP are applicable.
petition is deemed consistent with the G~.
Under the conditions of approval herein described this
JUL 2 Z 1997
8
14
IJfJI T ~'J
8.56
2_4
I )1 ~.AW I't ( t )
',~'AI t · IL1"
8B2
Department
Environmental Protection
SOUTH DISTRICT
P. O, Box 25,49
Fod Myers. Flo,",d& 33
(941)
Roberto BoUt, President
Orangetree Utility Company
3000 Orange Grove Trail
Naples, Florida 34120
July 6, 1998
Re: Collier County - DW_
Orangetree WWTP
~ FLA014165.274526
f
Dear M.r. Bollt:
The purpose of'this letter is to advise you of possible violations of law for which
vou may be responsible, and to seek ,,'our cooperation in resolving the matter. A facility
Lie review of the above referenced Y(n,~'-I'P indicates that violations of Flori, da Statutes
(F.S.) and Rules may e~st at the above described facility.
I. A review ofthe facility's April 1995 Discharge Monitoring Report
CDM:R) indicated the Daily Flow Percentage of'Permitted Capacity for
the previous three months was 91%. This may be an indication of an
inflow and infiltration problem. Florida Administrative Code (F.A.C.)
Rule 62-600.410(6) requires that all facilities and equipment necessary
for the treatment, reuse, and disposal of domestic wastewater or
domestic wastewater residuals shall be maintained at a minimum, so as to
function as intended. In addition F.A.C. Rule 62-600.405 states that
when the three-month average daily flow for the most recent three
consecutive months exceeds 50 percent ofthe permitted capacity of the
treatment plant or reuse and disposal systems, the permittee shall
to the Department a capacity analysis report.
'~ Constrt,c~ion modifications lo tt~: f;:cility are not complete as agrc='d
-' a meeting ~.viti~ tile Department July I 1, 1996
Continued acti;'itics at the facility m vmlation of state statutes or ~dl~.'s
~abim', for damaues anti restoration, a::'J the judicial imposition of civil pei:.:h!':s
- 141and403 IbI, F."
b,l;,
'S 10,0(50 p~:r ,,.iulati,~:: put "" pur:;uam lt~ .~cctions 40.,I
I97
Roberto Bollt, President
July 6, 1998
Page 2
The South District Office has changed its mailing address to more effecti'.'ely ser,,'e
you. Our new address is: Florida Department of Environmental Protection, P.O. Box
2549, Fort Myers, FL 33902-2549. For deliveries requiring a street address, please
continue to use 2295 Victoria Avenue, Suite 364, Fort Myers, FL 33901-3881.
Please contact Andrew IL Barienbroek at (941) 332-6975 or at the letterhead
address within 15 days of receipt of this Warning Letter to arrange a meeting to discuss
this matter. The Department is interested in reviewing any facts you may have that will
assist in determining whether any violations have occurred. You may bring anyone with
you to the meeting that you feel could help resolve this matter·
PLEASE BE ADx, qSED that this Warning Letter is a part oran agency
investigation, preliminary to agency action in accordance with Section 120.57(5), F.S. We
look forward to >,our cooperation in completing the investigation and resolution ot~ this
matter
Sincerely,
Margaret F. Highsmith
Director of
District Management
MFH. rFEJ/d d
Ray Smith, Collier Count)' Pollution Control Department
Da,,'id W. Schmitt, P.E.
Neil Harden
I.qq
RESPONSE TO PROPOSED AIVfEI~DMEgqT 97. ~ ER OF THE
COLLIER COL'NTYICOMP .REHE-NSIVE PLAN
Cofrtment s',
· In. iu~ly, ........ thc County had established a templet:on date of Aug~st 1. 1994 for a~om lis~ent
of Obie~ve 1.3. ~e pur~sc oftMs p~l~ ~VC w~ tO de~a~te ~d gather ~
reg~dMg ~agement ~deline$ ~fl ~l~aon 9f~e Coumy Natur~ Resour~s
Prote~on ~ ~A) pro,am. H~er, ~ County i$ propo:{ng to delete the sp<ifie
~mplefion flare and sub~tul~ ~e wordmg, "~t~dc.~flL" wMch ~v_ not ~enc~._~ t~ ~a~ .... ,~a
product ~t c~ be usM M ~ inlcnde~.~idd~e for ~rotcc~ N~d ~eas ~4IMn the County.
Poli~ 1.3.2 is s~i~ly word~ ~ "Con~e ~ ~ag~ent ~idclines for thc undeve{opcd
~aslM b~er and est~ne na~r~ reso~s prote~ibn area."
it !s recommended that thc County e~tablish a date spc, cific for completion of the above.-
referenced guidc]ines which ~¢ n¢cesg .a.D, ~r cominUous protection of valuable natural resources
in.b. ot.h the coastal zone and .tkroughoutith? county. '.I~ is also recommended that the Count)' work
w:t,t~,.th¢ ,A{'my.Corps of Engineers (OOE), 9thor participating agencies, ~od membe-rs o£the
puc,c, to aevelop a cooperative agccm~a~ which will!comprehensively evaluate the effects of
development on the environment in order t~a facilitate: ~tppropriatc prescriptions for protecting its
re:nalrfing valuable re$ourc¢.~. '
2..The county proposes to facilita?e th¢lh~itallation or'package wastcwater treatment fanta b
addmg fle. xJbillty to Policy I.$.2 which willlal;o~ pack'~ge treatment plants in a~eas w~ch are y
,current;y assigned an Agr!cul~ral/Kura[de/lsity on th~ Fu.,r¢ Land Use Map. The G'ro~th
,~anagement Plan states that the Agficuttui'al.q~.ural:Lfind Use Designation i$ for those areas that
re .remote fro..m the .e .xlstmg dev.elop~ent .,p. ac,.tern, lg.¢,~ pubhc fac:IR:es and ses'v~ces, are
env:ro.nmentaJly acm:ur.e, or ate m .agrl. clll~ral preclusion. This proposed amendment will expose
more than 300 r~p.tare trule$ ofAgt:cultur .a~fl~r$ Dcmgn~ted land to increased development
pressures. A significant portion of this ~ea has ~sl 'gal'cas of Environment~l Concern"
and includes The Big Cypress Area ofC,fideal Stat~.Cbneern. Tiffs amendment does
lly cons:der tmpacts to envu'onmrmtalIy $,etl.~lnv¢ la.n~$, pressures on agricultural Iand$. and
need to util{z¢ land which i~ already w~thinlthe Urban Designated Areas ofthe County. The
increased use of package treatment plants will enabI~ development of isolated pockets of la~d at
urban densities t~oughout the Agricuk~aL~,ural De$}gnated Areas. On-site sewage disposal
may be more amc,able tn some of these areas.
If correctly instalJcd in suitable soils and p~91~erly maintained ~ developments of lower densitY,
on-site ~wage disposal would pose no environmental or public health Ired safer threat to Co'llier
County s A$ncultar~Rural Designated Area, Currently, thc C-rov,,th Managcment Plnn lhnits
d.ensity in these areas to,one unit per five alores "...in an effort to maintain and promote the rural
character of these lands.' The Urban D.¢$ignaled Arcs should be thc focal pohat for devclo meat
as there arc.currently 80,000 residential udat$ reportedly approved within the Urban DesignPated
,~ea which remaiB vacant· -.,'--'¢' '
'~Oepa.rt~nent.oC E, nvirotuncn, tal Regala~ion, one of. this agcncy's predecessor ag~cies,
¢ ,ormeo a stuay o~watcr qumity probl~sin ~he lndi~ R~v~ Lagoon S st~ entitled Wa~er
~uality ~<eata'fiom Pac'~ge J~ast~atek Trea~e~ Planla', dated July 1~ 1991. T~s pa~icul~
study was to sadsF/the reqmrcments of Chapler 90-262, Laws of Flori~, by identifying pollution
scurfs ~n ~e Indian Wet' Lagoon. It w,s pointed out in ~e study that ] 55 package
tr~tment plants out of the total ~22 wcrc d~er~Mn~lto hnvc th~ potential to t~caten thc water
qualit~ oftBc ~ian ~ver ~goon Sy~c:~ since they. disc~gcd to eider suffa~ water~ or
F~'~)~-927-$$ Jun ~=. '37 c.:26
2
~xamplc of an area wi'rich did not benefit frort the pro,rotation of package treatmerrt systems, and
is now attemptL~ to remedy the long term pr ~blcms ,~hich were created by short term solutions.
Thc elJ:Tfinafion ofthLs problem udJl bc expert, ire for tI~¢ community.
AJthou~h package wastewatcr treatment pl.an,s may pz:Fscnt a short term solution to locatin$
structuFcs in. areas which are u~suitable forlseptic umk,~, they are fraught with problems related to
operatiot~al efficiency. Experienced en~ne.eri~ staffwithin this depv. rmncnt haYe for decades
w~:nessed problems with package ~re~tmen,t systems: ~ey have provided info.'-rnation re.latcd to
those problems which are enumeraxed in'th,e attached It:ncr to Mr. ~fi.k¢ McDa~'ficl, dated
November 3, 1992, entitled Overview oftt~e, u~e ofPaclrage Ptant~. It L~ rec.~mmend-~d t,h,a~
Collier county rethi~ its poticies related tq encouraging the extensive use of package U'ea~ment
picts'which may prematu, rcly open up ~ensitive ~e.,s ['or development. Where septic tanks are
not suitable,, and where there is no central 3vastewater treatment system which is routine!y
m~nt~nect and operated by competent 6perators, it is ~ggestecl that the land us:s ntight be better
tea in agricultural or estate d~,.sities. "-"-
3. EAR amendments l'mve not addresse6 tI)c problem 9fhigh fecal coliform counts in the Marco
£sl~d c~nal system. According to the c~m '.m'y'~ 1992 ~ater quality ~ .wnpling report fi.ndi,ngs on
page 34 of the Marco Island M,tster pl~t,, there is a hi/~b probability mat properties wb, icn are now
serviced by septic tanks within the Marco ~shmd area .~e contaminating the groundwater and
adjacent ~lass 12 surface waters, in violation, o:"$tate ~'ater Quality Standards. Al ,~.., this
department's report entitled, Southeast an4. South Florida Diat~qct Water Quah'~' .~3'$e~'~ntenr.
1994 305(3) Techrtie. alAppendix, indicateg thai among othw sources ofcont_~,t, nmants, 'Canals
dre..ining urban are~ ~re also affected by. m~ban runoffand septic tank leaehate . It has been the
expefienc, e of th. is agency ti'mt septic lan,les located it/ar~s with porou~ soils, high water tables
and in close proximity to surface' waters,'wi!l ulfimately~ conta~nate those ground &'qd $urf~ce
waters, in addition to l'figh fecal colifor?n counts it is not unusual for watersheds to experience
l-6~h levels of nutrients which speed the eutrophicatign' ofrecdving water bodies '.,,h:ch have
lirrutcd circulation. ,
T'rd s sit'a~fion is not consistent with thc Florida Water Plan 1995, Water ,Supply S trateg)' 4.2,
which recommends that the state "...confin,ue to regt:t, late and manage discharges to ground and
surface waters to protect maintain, and improve their quality for water supply, envirorm:ental
protect]on and other beneficial purposes". Consideration o£wastew~ter treatment plant
expansion should be paramount to the continued development of this enviromnentally sen4ti'.'e
a'ca M'Jck impacts Henderson Creek. Roo~kery Bay ~d other wa:ct bodies
h ~s recommended that the county cnte~ in[o an interlocal agreement with Marco Island for the
purpose of expanding its v,a.stewatct treatment syste,~ and cllmma:ing on-site sewage disposal
v,4tlfin the Marco Island ~rea at its eadies~ ,Opporzumty*. This agency continues to administer the
State Revolving Loan Fund at very favOr~le interest rates for cities and counties that desire to
expand sewage treatment facilities. Ass'ist~nce can beiprovided by this agency's r~ureau of Water
Faci!ities Funding within the DMsJon of Water Facilities at (904)488-8163
4 Objex:rive 6. I, Section V, pag%C-l-19 indicates that By June 1, 1998, the County '.~ill identify,
define, and prepare developme/.r s:andai'ds and criteria fro' all important native habi(ats
However thc sut~t~orti.n~ Policy 6.1.8 st&t6s ~hat "I. neentives should (emphasis added) be created
wkich w~'uld allc~,b deve]o?me& ~o conkinfie., but at the same time would also in, sure time some of
the most ecologically sensitive habitat and W~getatJve ~:ommunities ~a'e retained.' Further, Polio)
6 3 4 within th~.t ob'~ct~ve~j state~, that "W~nds slwuld (emphasis added) be delineated accor&v.?,
~ The County's Adequate Public Facilities Ordirmnce should be one of the 8xfiding principles to
assure the pro,.4sion of necessary public'f~:fiJ, ities ~
se~ng ~s d~'elopment, concun'cn: with the
xnpacts being re,izod ~q:ban the ccvelopmegt.
-Envirenmental Pretecfi nY
~'~'" ~ ' "---"' "' '~"-"-- ' ~'"'"~-- ---'---- '----~,,-- · :_' .r..,.~ ~
;":'~ -- -~ ,2295 Vlctoria Avenue. Suite 364t
/. ~.Overn®r
Nancy Annc Pa)lon
Florida Wildlife Fcdcrazion
P.O. Box 8417
Naplcs, FL 34101
' .u Ust
Re;
C~oll_icr Coun. ly - D W/P W
Clarification
Lcller I0 McAnly Enginccring
[}car Ms. Pa)len:
This is in response to yotJr request dated August 25 concerning clarification ora lellcr dated Jnnc 27, 1997
lo MeAnly Engineering front this office. The subject letter is a general but accurate slatcmcnt concerning
my stance regarding onsitc waslewatcr disposal syslcms and individual water supplies The subject lc/let
docs not address appropriate land usc patterns and docs nol support an)' particular densm,' pallcrn. A cop,,'
of McAnly's original requcsl as enclosed. ' ·
Thc letter was intended Io compare these various syslcms wilhoul regard to land usc or population dcnsily.
Land use and dcnsily panerns arc within thc pun,'icw of [he Department or Community Affairs and the
local government entity. PIcasc feel frcc Io contact me at (941)332-6975 ill can provide £urlhcr
clarification.
Sincerely.
AIIA/I IWY/LIm
l'~nclosurc
HJII ~lc,,'kJd~,. Nlc.,*nl,. I:fl~4lllCcq'rrlg
AIx, hd B. Ahmadi. Ph D. l' l"
Wafer f:actlilics Ach~tJrllslr;llOr
Department of
Environmental Protection
Sou~h Discr~ct
2.295 Victo~a Avenue, Suke 364
~ I~'$, I~orida 33~01-3881
Vir~'(n)a B. W~'r, herd~
Jmae 27. 1997
)&:Axdy
5101 Tam Trail Ea~ $~t¢ 202
Naples. FL 34113
JUN 3 0 1997
Wdls ami S~xlc Sy~-~q
iii
7 ~3/atcx '~F~oilitic~; Admi~£Lslrat. or . '. ,
Department of
Environmen[al Protection
Sou~ District
2295 V~cto~ Avenue. Suite 364
For~ Myers. f~orida 33901-3881
Vi~n~ B. Wethe~el~ · '
$mac27,1997
Bill ~,~c.A~ly, p~_
5101 Tamlami Tra/l F.a.nL Su/t¢ 202
N'a01es, FL 34113
JUN 3 0 1997
~Colliet C,.gunty - DW
We. lis ami .?~xlc Systems
~ tv/c. McAnl7:.
This is in req~nsc m yottr Ieztct dated Ju~e 23 requesting my opinion regarding the u~c c/'v. rJL~ z~d indivldmd
~,]~tems. it ha~ boca oat c:gt~rienc~ that septic s731cnts frequently fa~ to function adequazcly and arc often not properly
mainta/nod. This i~ pa.nlculattytn~ia ateas of hlgh water table- Idanytimesapoody ~,~oning septic systemwill
n-,'aa;n uax,n~occl beca~sc R i., o~t of *ight m~d tbeac is no apparent c~_ _t~y.~- ol'its failure. ~ than thc initial
~ZllII~ ofLhes¢ sy~cfr~ the. fo i$ no [~ro~'/~o~t £Of ~ll.~g~on tt~ rio l.qlgllr'~tl~ ~ f. he ~¢ ~ ~'[[1
mainra;~cd. Thc regulatory o0mrol of thc indivldttaI watcr stxpply wv. tls is evea less mingcnL
Small package mmn~t sygcms served by cemmt serf's am regulated by this Dcimtmcm and arc not o~y
regularly, btrt att rcquired m sa,~btuit monthly monitoring reports and hzec Ii_ _r:~_~:cd ~ pL3~ opcratom. Thcsc
opcaato~ ha,~ ~,~-J training a~d arc required ~o be on site a cc.,takt _~_,,,~c~ of hou~ each day oz ~x=ck.
th~c sy~c=a.~ ~e mquire~l to provide secondary tr,-)Jmctd and disinf, c¢flon at
Small commurdty water supplies also require Dctxtrtmc~ construction ~ and az¢ ammd~ by Lic~rm:x/OlXa'alor~.
Tbc ~t in.spoors and montto~ thc operation of thc~ systcans to insure flaat thc water supply is ~afc.
Fo~ ~_~ reasons the Depanngnt strongly sul~,orts thc use ofcenttaliz~ collection aa~d ~on systems and
~ sy~cms for both potable and domc:gtic wastewatc~. Ple~c fecl frcc ~o conta~ me at (941)332-6975 il'you nccd
furthcz infocmation.
'7
t/I
07-;7-177- .'*'**-'~'-,~....
McANLY' ENGINEERING
AND DESIGN INC.
LA~O 5ur, rv'~'vlt~
L.A~DSCAP E ARCH~ECTURE
JLU~ 23, 1997
Dr. Abdul Ahma~i~ ;AdaKaistrator/Water Facilities
Sure of Florida
Depaa'tment of Envis:onmcatal Protection
2295 Victori~ AvcnUe, Suite 364 West
Foil Mycrs, Florida 133901
Subject: Wcll and S~tic vs Paclo~e and Central Systems
De~ Dr.
Pursuant to our recent tdephonc cortversations, this correspondence is a follow-up con~nsdon
that wc asc of thc ~imc opinion t~ central potable v,.atcr and sa~ta~T sewer convey~c.e systems
connected to temporary water treatment and s,~¥age treatment package pl~Ls ace far superior to
well and sepdc t~k w. em~io. It appe.~r$ that Collier County staffare ora contrary opixfion, such
thu well md septic' umks to serve single family subdivisions are laref~le to the installation of
cen'a'a.l systems connected to temporary package plants. The County sta~s opinion is applicable to
development bdyond the limits ofthe Collier Co'mW Water-Sewer District.
The Coumy .craft's c~pixtion will have a significaxa impact o a~project th~ w.,- ~'e supporting, which
in fact, will be he~rd in publJo hearing before the Colli~'~:,~Pl~ Commit, sion next
Thursday, J'uly 3. T~. ese issues ~ to the benefit of' ccatral ~.ste~ as opposed to well and septic
systems wiU certainly be discussed. 1 would appreciate your writt~ thoughts as to the. se conflicting
opinions prior to tha public hearing scheduled for 9'00 A:M.
/
With Best Regards: /
/
/
· Bill M¢.~dy, P.E., P S M
August 4, 1998
8B2 ,e,
Collier Count)' Board of Commissioners
Barbara B. Ben?,.', Chairman
3301 Tamiami Trail 'East
Napl~s, FL 34112
RE: August 4 BCC Agenda Items: 2nd Orangetree Utility Amendment (~8-B-2), and Final Plat of
TwinEagles Phase One (#16-A-16)
Dear Commissioners:
The Collier Count' Audubon Society does not support urban d~elopment beyond the urban boundary,, listed in
the Growth Management Plan. We therefore urge you to disapprov~ both agenda items listed above, which we
beli~ would contribute to urban sprawl, environmerttal degradation throughout rural areas ('da precedent), and
cost taxpayers considerably more for services and infrastructure that would not be needed if such developments
were contained to designated urban areas.
We have submitted, along svith the Florida Wildlife Federation, .under ~-parate cover a Ii.st of rca.sons not to
amend the Orartgetree Uti/it3' Agreement to allow extension of central water and s~wer to Tv~SnEagles' project.
~Essentially, such an amendment would violate the Orangetree settlement agreemenl in our Growth Management
Plan, and rcsult in more intense development in an environmentally sensitive rural area than would otherwise
With regard to thc TwinEaslcs final plat, fl:ere ar~ many reasons to not approve this today, including serious
difficulties with upland and wetland cons¢~.r~tion an:an maintenance and respon~ibiliti~, and the more
fundamental problem of permitting an urban golf course community outside the designated urban area in violation
of Collier County's Orovnh Management Plan.
There are several processes curr~nlly undenvay which are attempting lo address rural development issues,
including the Environmental Impact Statement and your own rural/ag downzoning proposals. Collier County
Audubon Society, and many citizens of our courtly, f~l that thes~ efforts should be completed before allowing
any precedent-setting urbanization of rural lands. Additionally, ther~ am approximately 80,000 units alr~ady
pexmitted in the Urban Area, but which r~main unbuilt. Th~ should be completed before any consideration of
golf course communities elsewhere.
Thank you for your consideration of our views.
VeD' sincerely,
Bradley Comcll EXHIB~,c
Prcsidcnt 6'/~)
·~., LA,. Y~,,/.~,,.,,:~t/ie;// t./' 9h'/.,l rY'~'~e, .'~eaet~,9 ,,,,,/..t;,/,,,,,/.n,..,,.,,
P.O. Box S ~ 387 * Nap~e$. Florid~ 34~ 01.1387 · (~4~) 84g-gT$4